ORDINANCE 2005-04

BUSINESS REGISTRATION REGULATIONS
AMENDED TITLE 3 CHAPTER 1 SECTIONS 1-13

WHEREAS, the Village Council of the Village of Capitan, New Mexico is charged with making laws to protect the safety, health and welfare of the Village and its citizens, and;

WHEREAS, to define the registration regulations, to better serve the citizens of the Village, and;

WHEREAS, to define the enforcements to best serve the citizens of the Village, and;

NOW, THERFORE BE IT ORDAINED by the Governing Body of the Village of Capitan, in the County of Lincoln, State of New Mexico in its Regular Meeting this 18th day of January 2005, that;

Ordinance 93-10 and 5-10-1993 and 2002 Code Title 3 Chapter I Sections I thru 13 BUSINESS REGISTRATION REGULATIONS is hereby amended to read as set forth herein.

This Ordinance shall take effect on February 03, 2005.

PASSED, APPROVED AND ADOPTED this 18th day of January, 2005.



VILLAGE OF CAPTIAN
COUNTY OF LINCOLN
STATE OF NEW MEXICO






Steven M. Sederwall, Mayor

ATTEST:


Anna Gall Grassie, Village Clerk/Treasurer



CHAPTER 1

BUSINESS REGISTRATION REGULATIONS


SECTION:

3-1-1        Short Title
3-1-2        Definitions
3-1-3        Registration Required; Fee
3-1-4        Application for Registration
3-1-5        Inspection
3-1-6        Remedies or Revocation of Registration
3-1-7        Special Events; Dances
3-1-8        Temporary Merchants
3-1-9        Seasonal Merchants
3-1-10        Garage Sales
3-1-11        Contractors
3-1-12        Enforcement
3-1-13        Penalty

3-1-1    SHORT TITLE:  This chapter shall be known and may be cited as the BUSINESS REGISTRATION ORDINANCE. (Ord. 93-10, 5-10-1993)

3-1-2    DEFINITIONS:  As used in this chapter, the following words shall have the indicated meanings:

BUSINESS:    Any commercial activity or enterprise for financial gain, benefit, advantage or livelihood which is required to obtain a gross receipts tax number from the State of New Mexico.

CONTRACTOR:    Any person defined as such under the construction industries licensing act of the State of New Mexico (New Mexico Statutes Annotated section 60-13-1 et seq.)

EXHIBITION:    Circuses, menageries, carnivals, sideshows, and other similar amusement enterprises which are open to the public, for which an admission fee is charged, and which are operated for profit, indoors or outdoors.

GARAGE SALE:    Any sale of used household items by a private citizen(s) which is conducted at the residence of said citizen(s).  It shall include “yard sales” or any other sale of items which fits within the definition of garage sale herein.

LODGING VENDORS:    Any person or corporation in the Village engaged in the business of providing lodging.

PERMANENT BUILDING:    Any location, building or portion thereof, or premises in which or from which a business is carried on or contemplated for an indefinite time longer than five (5) consecutive months.

SEASONAL MERCHANT:    Any person engaging in or intending to engage in the sale of goods or services sold by a business being operated in the Village limits for more than five (5) consecutive days, but not less than five (5) consecutive months and from a fixed, non-mobile unit.

SPECIAL EVENT:    An event not more than five (5) consecutive days in length, which meets any of the following requirements:
A.    Any trade show, flea market, or exhibition of goods and services by multiple exhibitors, for not more than the five (5) day period.
B.    Any event for which a special dispenser’s license for the sale of alcoholic beverages is required.
C.    Any dance event where music is provided, an admission fee is charged and the event is scheduled to occur within a twenty-four (24) hour period.

TEMPORARY     Any person engaging in or intending to engage in the sale of goods or services sold by a business being operated in the Village limits for less than five (5) consecutive days or operating out of a vehicle, truck, trailer or other mobile unit.  Exempt from this definition are producers exempt from fees pursuant to New Mexico Statutes Annotated section 7-23-1. (Ord. 93-10, 5-10-1993; amd. 2002 Code)



 
3-1-3:             REGISTRATION REQUIRED; FEE:
    Any person or business engaged in any activity listed below shall secure a registration from the Village Clerk or designated official and shall pay a
    registration fee according to the following schedule:

    Business:                    $ 25.00 annually

    Contractors                    $ 25.00 annually

    Exhibitions                    $100.00 per event

    Seasonal Merchants                    $100.00 per event

    Special events (per day, up to the             $ 10.00 per day
    day limit)
   
    Temporary Merchants                    $ 10.00 per day

(Ord. 93-10, 5-10-1993; amd. 2002 Code)

3-1-4:        APPLICATION FOR LICENSE: 
A.      Information required: Application for a registration to be issued under the provisions of this chapter shall be made to the Village Clerk before engaging in the activity contemplated and shall contain a description of the location of the applicant together with a statement concerning the type of business contemplated.  The clerk may provide regulations requiring such other information as he/she may deem advisable.
B.    Investigation: Upon the receipt of an application for a business registration, the Village Clerk may require an investigation of the applicant to protect the public health, safety and welfare.  The clerk shall refer the application to the appropriate investigating officer who shall make a report on the application with ten (10) days of receiving the application.
C.    Denial of Application; Hearing:  If the clerk determines that the issuance of a business license is not in the interest of the public health, safety and welfare, the application shall be referred to the board of trustees for hearing and issuance of or denial of a license.  Before the hearing, the applicant shall be given notice and at the hearing shall have the opportunity to be heard before the board of trustees.  The board of trustees may also hear any other evidence presented on the matter.  If, upon hearing, a majority of the board of trustees present determines that the issuance of the license is not in the best interest of the public health, safety or welfare of the citizens of the village, the license shall be denied. (Ord. 93-10, 5-10-1993)
 
3-1-5:        INSPECTION:
    The Code Enforcer Officer or other designated official shall be permitted at any reasonable time to inspect the registration required under this chapter and the premises for which the registration has been applied or issued. (Ord. 93-10, 5-10-1993)

3-1-6:          REMEDIES OR REVOCATION OF REGISTRATION:

A.          Authority to Revoke Registration Upon Violation:  The Village may revoke a registration issued pursuant to this chapter, where the registration holder has been adjudged guilty of a violation of this chapter, or whenever the public health, safety or welfare of the citizenry of the Village of Capitan requires revocation.

B.    Notice to Registration; Hearing: The Village Clerk shall notify in writing the holder of any registration proposed to be revoked, specifying the nature of the charges for which revocation is sought, and specifying a date for a hearing not less than ten (10) days after the issuance of the notice.  The registration shall have the right to appear at this hearing and present evidence why the registration should not be revoked.  If, upon hearing, a majority of the board of trustees determines that revocation of the registration is in the best interest of the public health, safety and welfare of the citizenry of the Village of Capitan, The registration shall be revoked and an order shall be entered in the minutes of the meeting of the board of trustees revoking the registration and stating the reason for the action.  (Ord. 93-10, 5-10-1993)

3-1-7:        SPECIAL EVENTS:

A.    Application for Registration:  Every application for a special events registration must be submitted at least ten (10) days in advance of the special event, and shall contain the following information required of business registration applicants:
1.    A diagram showing the location of all public and private parking that will be used by the persons attending the special event;
2.    An estimate of the number of guests or patrons that are expected to attend the event;
3.    A diagram of the premises showing the location of activities, emergency access, and a description of how access to the event is to be controlled; and
4.    If alcoholic beverages are to be served, the identities of both the sponsor of the event and the alcoholic beverage registration who will cater the event.

B.    Review by Village Officials, Agencies; Denial: The Village Clerk may obtain the review of the Capitan police, and fire before approval or recommending denial of an application for a special event.  If the Clerk determines that the application should be denied, based on reports from these departments or based on the applicant’s having previously violated the provisions of this chapter, this matter shall be referred to the board of trustees as provided in section 3-1-4 of this chapter.

C.    Standards for Special Events:  Each special event shall meet the following standards:

1.    Off street parking shall be provided as approved by the Capitan police and fire departments, taking into consideration the number of persons expected to attend and the availability of on street parking.
2.    All special events shall have an adequate number of sanitary facilities.  If the event is held outdoors, facilities in adjacent buildings may be used with the written consent of the property owner if, during the event, the exterior of the building is clearly marked to show the availability of facilities.  Portable outdoor toilets may be used if the Village approves their use and location.
3.    For outdoor special events, adequate waste receptacles shall be provided at the sponsor’s expense.  The number of receptacles shall be subject to approval by the Village.
4.    All special events shall have adequate access for emergency vehicles as approved by the Village.
5.    All special events must meet all other applicable codes and ordinances, including, but not limited to fire codes, building codes and noise limitation ordinances.
6.    The person obtaining the registration for an outdoor special event shall be responsible for the cleanup of the area used by the event, plus the public rights of way within one hundred fifty feet (150’) of that area, within forty eight (48) hours of the close of the event.
7.    All special events shall provide comprehensive public liability insurance with limits of liability of not less than one million dollars ($1,000,000.00) combined single limit.  The Village of Capitan shall be named insured for the duration of the event.  Coverage shall include liquor legal liability if alcoholic beverages are to be served. 

D.              Special Events with Alcoholic Beverages:  All special events where alcoholic beverages are served shall be subject to the following additional requirements:
1.    No special events registration shall be issued for a location on the premises of an existing alcoholic beverage license.
2.    All events serving alcoholic beverages must also serve food, water and nonalcoholic beverages at least equally available with the alcoholic beverages.
3.    Events serving alcoholic beverages outdoors shall serve beverages only in paper or biodegradable cups.  Service of alcoholic or other beverages in plastic, metal or glass containers is prohibited.
4.    Events serving alcoholic beverages outdoors shall control access to the event by means of fencing or other adequate security measures which have been approved by the Village.
5.    If live entertainment is provided at the event, the event shall comply with applicable Village ordinances regarding noise and waste control.

E.    Use of Property Under Joint Village and County Jurisdiction:  Special events conducted on property which is under the joint jurisdiction of the County of Lincoln and the Village of Capitan, including, but not limited to, the Lincoln County Fairgrounds, shall be required to obtain a permit from the Village Clerk, but shall be exempted from the reporting and other requirements set forth under subsections A and C of this section when such requirements have been met or reported to the County of Lincoln. (Ord. 93-10, 5-10-1993)

3-1-8:    TEMPORARY MERCHANTS:

A.    Temporary Registration Required:  It shall be unlawful for any temporary merchant to vend, sell, dispose, display or offer to end, sell, dispose or display any goods, wares or merchandise within the Village of Capitan without having first obtained a temporary merchant’s temporary registration, as hereinafter provided.
B.    Application; Fee; Proof of Compliance with Village Requirements:
1.    A temporary merchant’s permit may be obtained by a temporary merchant upon making an application for the temporary registration with the Village Clerk, during regular business hours of the Capitan Village Hall, as those hours may be from time to time determined.  The application for the permit shall be made three (3) days prior to the beginning of the temporary merchant’s business.
2.    The fee for the temporary registration shall be as established in section 3-1-3 of this chapter and payable in advance.  The application shall be upon forms provided by the Village Clerk and shall show compliance with the following:
a.    Name of the applicant, if an individual; the names of partners, if a partnership; or the names of the principal officers, if a corporation.
b.    Proof of a valid New Mexico gross receipts tax identification number.
c.    Written permission of the property owner upon which the goods, wares or merchandise is to be sold.
d.    Written certification of at least two (2) off street parking spaces.
C.    Term of Temporary Registration; Violation; Temporary Registration Revocation: Any temporary registration issued pursuant to the provisions of this section shall be valid for a period no longer than five (5) consecutive days.  If at any time during the duration of the temporary registration it becomes known that the temporary registration has been obtained in violation of the above provisions, the Village Clerk shall revoke the same and the applicant shall not be entitled to any return of the temporary registration fee arising out of such revocation.
D.    Requirements and Restrictions:  Temporary merchants shall be subject to the following:
1.    The goods, wares or merchandise shall be displayed in such a manner that is will not encroach upon any public right or way.
2.    The goods, wares or merchandise shall be displayed in such a manner as not to impede motor vehicle traffic, pedestrian traffic or create any hazard by obstructing the view of motor vehicle traffic, even if the merchandise is totally upon the private property being used by the temporary registration holder.
3.    In the event that any hanging apparatus is connected to or attached to a building for the sale or display of goods, wares or merchandise, the display shall be a minimum of seven feet (7’) above ground level and shall not hang over any public right of way.

E.    Nonprofit Organizations; Fee Waiver:  Notwithstanding any contrary provisions of this section, nonprofit organizations of a type which would otherwise be recognized by the internal revenue service as tax exempt organizations, and which have been organized in the Village of Capitan for a period of at least six (6) months shall be allowed to engage in the business of temporary merchants for purposes of fund raising, provided they meet all requirements set forth in subsections B, C and D of this section, excepting the fee set forth in subsection B of this section, which fee, for purposes of this provision shall be waived. (Ord. 93-10, 5-10-1993)

3-1-9:        SEASONAL MERCHANTS:

A.    Seasonal Registration Required:  It shall be unlawful for any seasonal merchant to vend, sell, dispose, display or offer to vend, sell, dispose or display any goods, wares or merchandise within the Village of Capitan without having first obtained a seasonal merchant’s registration, as hereinafter provided. (Ord. 93-10, 5-10-1993)
B.    Fee:  A seasonal merchant’s registration may be obtained from the Village Clerk as established in section 3-1-3 of this chapter. (Ord. 93-10, 5-10-1993; amd 2002 Code)

3-1-10:        GARAGE SALES:
A.    Limitations:  Garage sales are limited to four (4) per year per residence, with the duration of said garage sales being for a maximum of four (4) consecutive days, and shall be conducted at the place of residence.
B.    Restriction on Sales Items:  Only personal, used items may be sold at a garage sale, and in no event shall new items be sold. (Ord. 93-10, 5-10-1993)

3-1-11:        CONTRACTORS:
A.    State License Prerequisite to Village Registration:  No contractor shall receive a business registration from the Village of Capitan without first having obtained any license that may be required by the State of New Mexico.
B.    Limitation:  No contractor shall engage in the business of contracting of a type for which the contractor is not licensed, even though the contractor may be licensed for another type of contracting. (Ord. 93-10, 5-10-1993)

3-1-12:        ENFORCEMENT:  The provisions of this chapter shall be enforced by the Code Enforcer or other persons authorized to act on the authority of the Village. (Ord. 93-10, 5-10-1993)
   
3-1-13:        PENALTY:  Violators of this chapter shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code.  Each violation shall constitute a separate offense.  Each day an offense continues shall also constitute a separate offense.  (Ord. 93-10, 5-10-1993; amd. 2002 Code)

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