TITLE 4 BUSINESS LICENSES AND REGULATIONS Chapters: 4.04 Electric Franchise 4.08 Gas Franchise 4.12 Telephone Franchise 4.16 Cable Television Franchise 4.20 Occupation Tax 4.24 Garage Sales CHAPTER 4.04 ELECTRIC FRANCHISE aSections: 4.04.01 Tax 4.04.02 Easement granted 4.04.01 Tax A. The Oklahoma Gas and Electric Company which is conducting or carrying on business in the city of Ozark,Arkansas,under a franchise shall pay a privilege tax in the sum of Nine Thousand Dollars ($9,000.00)per annum and said sum shall be payable on or before the tenth day of January 1975, for the calendar year, and a like sum annually thereafter. B. Said privilege tax shall be paid in lieu of all other taxes, licenses, charges, fees or impositions except general or special ad valorem taxes which might be lawfully imposed by the city. C. As an incident to the privilege hereby taxed Oklahoma Gas and Electric Company shall have the right to occupy present or future streets,highways, alleys, or other public way of the aforesaid municipality for the purpose of carrying on its said business. (Ord.No. 232, Sec. 1-3.) 30 4 04 02 Easement rganted Oklahoma Gas and Electric Company is in need of an easement for the erection, operation and maintenance of a system of poles,wires and other necessary fixtures for the transmission and communication of messages upon, over,under and across the following described property,to wit: A ten(10) foot wide easement being five (5) feet each side of the centerline lying in the west 32 feet of Lot 3, Block 2, Original Town of Ozark,being carved out if Section 36, Township 10 North,Range 27 West,being more particularly described as follows: Commencing at the northeast corner of Lot 3,Block 2, Original Town of Ozark;thence west along the north line thereof 28 feet; thence continue west 20 feet more or less to an existing OG&E pole and the point of beginning;thence southeasterly 55 feet to the east property line and the point of terminus. The centerline of this easement shall be along the actual route of the line as installed and shall include any additional easement area needed for downguys or anchors. (Ord.No. 2009-3, Sec. 1.) CHAPTER 4.08 GAS FRANCHISE Sections: 4.08.01 Gas franchise granted to Arkansas Western Gas Company 4.08.02 Rights and responsibilities of Gas Company and city 4.08.03 Facilities 4.08.04 Information 4.08.05 Rights granted 4.08.06 Rates 4.08.07 Precautions 4.08.08 State of repair 4.08.09 Franchise tax 4.08.10 Rate schedule and balance 4.08.11 Individual gas service 4.084.12 Contract 4 08 01 Gas franchise axanted to Arkansas Western Gas Company. That the city of Ozark,Arkansas, (hereafter called Grantor)hereby grants to the Arkansas Western Gas Company the exclusive right,privilege and authority within the present and all future expansions of the corporate limits of the city of Ozark,Arkansas, except any portion which may be located within the legally allocated territory of another utility, (1)to sell,furnish,transmit, and distribute gas service to Grantor and to all inhabitants and consumers within the said limits; and(2) subject to the terms, conditions and stipulations mentioned in this ordinance, consents and the right, permission and franchise is hereby given to the Arkansas Western Gas Company, a corporation 31 organized and existing pursuant to the laws of the state of Arkansas, (hereinafter called Grantee), and to its successors,lessees and assigns to lay, construct, equip, operate,repair and maintain a system of gas mains,pipes, conduits,feeders and the appurtenances for the purpose of supplying and distributing natural gas for light, fuel, power and heat and for any other purposes to the residents or inhabitants of the said city and further,the right to lay, construct, operate and maintain a system of gas mains,pipe lines,pipe conduits and feeders and the necessary attachments, connections, fixtures and appurtenances for the purpose of conveying, conducting or distributing natural gas from any point beyond said city limits in order to enable the said Grantee to distribute and sell natural gas to the said city and to the residents or inhabitants thereof and to others, and to enter on,under and upon and use any and all of the streets,alleys, avenues,bridges and other public grounds and ways belonging to, or under the control of Grantor, for the purpose of erecting,maintaining,repairing,replacing and cooperating stubs, conduits, and other related facilities, appliances and apparatus which are necessary for, or useful in,the furnishing, sale,transmission or distribution of said gas service(hereinafter called facilities). (Ord.No. 81-1, Sec. 1.) 4 08 02 Rights and responsibilities of Gas Company and city Grantee shall, and does by acceptance hereof, agree to provide to the city and its inhabitants adequate and reasonable gas service as a public utility and the facilities necessary to provide such service. Grantor, in recognition of the large and continuing investment necessary for Grantee to perform its obligations hereunder, and the need and duty to promptly construct its facilities, as defined above,required to serve consumers,in all area and zones of the city, consents to the construction of such facilities as defined in 4.04.01 in all such areas and zones, and Grantor agrees to protect by ordinance, regulation and otherwise,to the fullest extent permitted by law, and except as otherwise limited herein,the grants of rights and privileges to Grantee set forth in 4.04.01 from interference with, or duplication by,other persons, firms or corporation seeking to engage in the sale or distribution of gas energy. (Ord.No. 81-1, Sec. 2.) 4.08.03 Facilities All facilities of Grantee which may be located on public ways,places and public property, as authorized herein, shall be located so as to not unreasonably obstruct public use and travel. All of Grantee's facilities shall be constructed, operated and maintained in accordance with standards at least equivalent to the standards prescribed by the National Safety Codes. Grantee,its successors and assigns, shall replace and repair,at its own expense and approval of the Grantor all excavation,holes or other damage caused or done by it to public streets, ways,places and public property in the construction, operation and maintenance of its facilities. (Ord.No. 81-1, Sec. 3.) 4.08.04 Information The Grantee shall furnish promptly to the proper authorities any and all information which may be asked for by them in regard to the size, location or depths of any of the pipes,mains, conduits, or service pipes, in any form whatsoever, and any other information in regard to its occupation of roads,highways, streets, avenues, or public grounds of said city,which they may demand. (Ord.No. 81-1, Sec. 4.) 32 4.08.05 Rights rg�anted The rights,privileges and authority hereby granted shall exist . and continue from the date of passage of this ordinance, and thereafter until terminated in accordance with provisions of Section 44 of Act 324 or the 1935 Acts of the state of Arkansas, as presently enacted hereafter amended. (Ord.No. 81-1, Sec. 5.) 4.08.06 Rates The rates which are to be charged by Grantee for gas service hereunder shall be those which are now lawfully approved or prescribed, and as said rates may, from time to time,be amended by Grantee in accordance with law or by any regulatory authority having jurisdiction thereof. (Ord.No. 81-1, Sec. 6.) 4.08.07 Precautions In the construction, operation, and maintenance of its facilities, said Grantee shall use reasonable and proper precaution to avoid damage or injury to persons, or expense caused by the negligence of the Grantee, or its agents, servants or employees, in constructing,operating and maintaining said facilities or in repaving or repairing any streets, avenues, alleys,bridges or other public grounds. (Ord.No. 81-1, Sec. 7.) 4.08.08 State of repair The Grantee shall endeavor at all times to keep its facilities in a reasonable state of repair, and to conform to such practices and install such appliances and equipment as may be in keeping with the customary usage and practice in cities of similar size in this state during the time this franchise shall remain in force. (Ord.No. 81-1, Sec. 8.) 4.08.09 Franchise tax Beginning in January 1, 1981, and thereafter during the life of this franchise,the Grantee shall pay to Grantor each thirty(30) days after each month a franchise tax in an amount equal to four percent(4%) of the preceding month's gross residential and commercial gas revenues as paid to the Grantee by residential, commercial and industrial customers located within the corporate limits of the city of Ozark. Residential, commercial and industrial gas revenues are those revenues so classified pursuant to Grantee's uniform classification standards. Grantor shall have the right to examine and verity, from the records of the Grantee, any data relating to the gross revenues of Grantee from customers on which said franchise tax is due. In the event of a controversy between the Grantor and Grantee as to the amount of gross revenues received by Grantee in the city of Ozark upon which said tax is due, such controversy shall be referred to the Arkansas Public Service Commission, or such successor regulatory agency which may have jurisdiction over the Grantee for final determination, and the decision of said Commission shall be binding upon both parties hereto. It is expressly agreed and understood by the Grantor and Grantee that the aforesaid payment shall constitute and be considered as complete payment and discharge by the Grantee, its successors and assigns, of all licenses, fees,charges impositions or taxes of any kind(other than automobile license fees, special millage taxes, general ad valorem taxes and other general taxes applicable to all citizens and tax payers)which are now or might in the future be imposed by the Grantor under authority conferred upon the Grantor by law. In the event such other tax or taxes are imposed by Grantor,the obligation of the Grantee set forth in 4.04.09 hereof,to pay the city the sum of four percent(4%)monthly of the gross residential, commercial and industrial gas revenues shall immediately terminate. (Ord.No. 81-1, Sec. 9.) 33 4.08.10 Rate schedule and balance Gas service furnished the Grantor and other purposes • shall be paid for the Grantor in accordance with the applicable rate schedules of the Grantee now on file and/or as they may in the future be filed by the Grantee and approved by the Arkansas Public Service Commission or other regulatory authority having jurisdiction. The Grantee shall have the privilege of crediting amount due Grantor with any unpaid balances due said Grantee for gas service rendered to said Grantor. (Ord.No. 81-1, Sec. 10.) 4 08 11 Individual has service Nothing herein shall be construed to prohibit any person, firm or corporation from owning and operating facilities for generating, distributing, or furnishing gas energy for his or its own use or the use of his or its tenants, all of which facilities and use wholly on the same premises owned by such person,firm or corporation. (Ord.No. 81- 1, Sec. 11) 4.08.12 Contract Upon written acceptance by Grantee,this ordinance shall constitute a contract between Grantor and the Grantee, and its successors and assigns. (Ord.No. 81-1, Sec. 12.) CHAPTER 4.12 TELEPHONE FRANCHISE • Sections: 4.12.01 Franchise granted to Continental Telephone Company 4.12.02 Franchise tax 4.12.03 Payment by Company 4 12 01 Franchise granted to Continental Telephone Company Permission be and is hereby granted to Continental Telephone Company of Arkansas, its successors and assigns,to construct,maintain and operate, its poles,posts, cables,wires and all other necessary overhead apparatus on, over and along, and its conduits,ducts,mains,pipes,cables,wires,manholes, distributing poles and all other necessary underground appliances on, in,under and through the streets, alleys and highway,within limits of the city of Ozark, state of Arkansas, for a period of ten(10) years from the date of the enactment hereof; and to use the property of other companies and permit other companies to us its property upon such arrangements as the two companies may agree subject to the following conditions: A. That all poles erected by said Company shall be located so they will not interfere with the safety of convenience of persons traveling on or over the said streets, alleys and highways, and in the work of installing and maintaining its 34 underground system, said Company shall not open or encumber more of any street, alley or highway than will be necessary to enable it to perform same with proper economy and efficiency,nor shall it permit such opening or encumbrance to remain for a longer period that shall be necessary to do the work for which said opening shall have been made. B. That all work done under the provisions of the ordinance in said city, shall be subject to the supervision of the City Engineer or some other representative appointed by said Council and said Company shall replace and properly relay any sidewalk or street pavement which may have been displaced or damaged in the construction and maintenance of its system in said city. C. That said Company shall maintain all poles, cables,wires, conduits, ducts, mains, pipes,manholes, distribution poles and all other apparatus erected or constructed under the provisions of this ordinance, in good and safe order and conditions and shall at all times fully indemnify,protect, and save harmless the said city from and against all loss and necessary expenditures arising from the erection, construction and maintenance of its system in said city, or from its neglect or failure to maintain the said apparatus in good and safe order and condition. C. That nothing in this ordinance shall be construed to grant unto the said Continental Telephone Company of Arkansas, any exclusive rights, or to prevent a grant of similar privileges to other companies. (Ord.No. 307, Secs. 2-5.) 4.12.02 Franchise tax Beginning in 1081, Continental Telephone Company of Arkansas its successors or assigns, shall operate a telephone system within the city. It shall pay to the city a franchise tax in an amount equal to four percent(4%)of the basic local telephone service, excluding extensions,terminal equipment,toll,yellow pages and other miscellaneous equipment, revenues within the corporate boundaries of the city at the end of each month,the first remittance to be made within ten(10) days of January 31, 1981,provided,the amount of the tax levied herein by the city may be collected by the Telephone Company from those of the Telephone Company customers receiving local exchange telephone service within the corporate boundaries of the city of Ozark,in accordance with the tariffs of the telephone company and rules, regulations and orders of the Arkansas Public Service Commission. This ordinance does not restrict the city from the right to alter the rat of tax,upon proper notification in advance to the Telephone Company. (Ord.No. 307, Sec. 6.) 4.12.03 Payment by ompany It is expressly agreed and understood by the city of Ozark and Continental Telephone company of Arkansas that the aforesaid payment shall constitute and be considered as complete payment and discharge by continental Telephone company of Arkansas, its successors and assigns, of all licenses, fees, charges, impositions or taxes of any kind(other than automobile license fees, special millage taxes, general ad valorem taxes and other general taxes applicable to all citizens and taxpayers)which are not or might in the future be imposed by the city of Ozark under authority conferred upon the city of Ozark by law. In the 35 i event such other taxes are imposed by the city of Ozark,the obligation of continental Telephone Company of Arkansas to pay the city of Ozark the franchise tax set out in 4.12.02 of this ordinance shall be immediately terminated. (Ord.No. 307, Sec. 7.) CHAPTER 4.16 CABLE TELEVISION FRANCHISE Sections: 4.16.01 Franchise granted to Cebridge Acquisitions, LP, d/b/a Suddenlink Communications 4.16.02 Franchise period 4.16.03 Construction 4.16.04 Regulation of construction 4.16.05 Location of facilities 4.16.06 Moving wires 4.16.07 Trimming trees 4.16.08 Rates i4.16.09 Complaints 4.16.10 Police power 4.16.11 Insurance 4.16.12 Stations 4.16.13 Franchise tax 4.16.14 Sale or merger 4.16.15 FCC forms 4 16 01 Franchise granted to Cebridge Acquisitions LP d/b/a Suddenlink Communications The city of Ozark is satisfied as to the franchisee's legal, character, financial, technical, and other qualifications, and the adequacy and feasibility of its construction arrangements have been approved by the city of Ozark as part of a full public preceding affording due process, at a regularly scheduled meeting of the governing body of the city of Ozark, and does hereby bestow the right,power and authority to establish, construct, acquire, maintain and operate a Community Antenna Television and closed-circuit electronic system within the city of Ozark: to render, furnish, sell, and distribute television signals and programs and entertainment for all purposes,together with closed-circuit electronic service from such system to the inhabitants of city and its environs; and to use and occupy the streets, alleys, easements and other public places of said city as the same now exist or may hereafter exist, for the franchisee's Community Antenna Television and closed-circuit electronic system, including the right to enter and construct,erect, locate,re-locate, repair and rebuilt in, on,under, along, over and across the streets, alleys, easements and other public places of said city all towers, 36 poles, cables, amplifiers, conduits, and other facilities owned, leased or otherwise used by the Grantee for the furnishing of a Community Antenna Television and closed-circuit electronic service within the city and environs thereof during the continuance of the franchise hereby granted. (Ord. No. 257, Sec. 1.) 4.16.02 Franchise period The city of Ozark hereby extends the franchise for an additional five (5)years beginning on the 10th day of November 2006, and ending on the 9th day of November,2011. Upon expiration of the initial term,this franchise may be extended for two (2) additional consecutive five(5) year term provided Grantee delivers written notice of its intent for such additional five (5) year term to the city of Ozark at least twelve(12) months prior to the expiration of each term. (Ord.No. 2006-10, Sec. 1-2.) 4.16.03 Construction The franchise shall accomplish significant construction within one (1) year after receiving the Federal Communications Commission's Certificate of Compliance, and shall thereafter equitably and reasonably extend energized trunk cable to a substantial percentage having been determined by the city of Ozark to be: Where as the cable system is totally built and serves the entire area a service schedule is not included. A. The franchisee's transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with any improvements the city may deem proper to make or hinder unnecessarily or obstruct the free public use of the streets,alleys, easements, bridges or other public property. That the franchisee's transmission and distribution system shall in no way interfere with other public utilities now in existence and in operation nor will it interfere with the continued operation and expansion of said public utilities. B. The franchise shall have the right to set, erect, install, and maintain its own poles for the mounting of its amplifiers, cables, and appurtenances; provided that the franchises shall keep and maintain a complete set of maps showing the location of all such poles and that the city shall be provided with a copy of this map, said map to be kept up to date and accurate at all times, such updating to be the responsibility of the franchisee. C. The maintenance and operation of its transmission and distribution system in the streets, alleys, easements and other public places and in the course of any new construction or addition to its facilities. The franchisee shall proceed so as to cause the least possible inconvenience to the general public. All excavations shall be properly guarded and protected and shall be replaced and the surface restored in a good condition promptly after completion of such work. The franchisee shall at all times comply with any and all rules and regulations which the city has made 37 i or may make applying to the public generally with reference to the removal or replacement of pavement and to excavations in the streets and other public places. (Ord.No. 257, Sec. 3.) 4.16.04 Regulation of construction The city reserves the right of reasonable regulation of the erection, construction or installation of any facilities or by the franchisee and to reasonably designate where such facilities are to be placed within the public ways and places. (Ord.No. 257, Sec. 4.) 4.16.05 Location of facilities In the event the city shall lawfully elect to change or alter the location or grade of any street, alley, easement or other public place, or change or re-locate or replace its utility poles at any time during the existence of this franchise,the franchisee shall, upon reasonable notice given by the city, remove, relay and/or re-locate any system installation affected by such change,by and at franchisee's expense. (Ord.No. 257, Sec. 5.) 4.16.06 Moving wires The franchisee shall,upon the request of any person holding a building or moving permit,temporarily raise or lower its wires to permit the moving of buildings and other structures. The actually and necessary expense of such temporary removal, raising, or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to request and require such payment in advance. The franchisee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes. (Ord.No. 257, Sec. 6.) 4.16.07 Trimming trees The franchisee shall have the authority to trim trees upon and over-hanging streets, alleys, sidewalks, and public places and easements of the city so as to prevent the branches of such trees from coming in contact with the wires, cables and appurtenances of the franchises, all trimming to be done under supervision and direction of the city and by and as the expense of the franchisee. (Ord.No. 257, Sec. 7.) 4.16.08 Rates The city of Ozark has specified and approved the following rates of the franchisee for installation of equipment and regular subscriber. Connection Charges Residential First connection One outlet $15.00 Extension outlets (at time of first connect)each 5.00 Commercial: Hotels,motels,restaurants, etc. First connection One outlet 15.00 Extension outlets (at time of first connect) each 5.00 Trailers First connection One outlet 25.00 Extension outlets (at time of first connect)each 5.00 38 Monthly Chames One outlet per month 6.00 Each extension per month 1.50 Service Charge Reconnect for non-payment 5.00 Reconnect on new occupancy 5.00 Service call due to fault of TV set 5.00 Extension connections after initial installation $.50 per lineal foot of cable from original outlet,minimum charge 10.00 Move outlet or extension 10.00 (plus $.50 per lineal foot of extra cable) Connection charges and rates charged by the Grantee shall at no time exceed the above without the consent of the city,however,the Grantee shall retain the right to lower or omit charges as may be necessary in the conduct of their business. No increases in rates charges to the subscribers shall be made except as authorized by the city of Ozark and only after an appropriate public proceeding affording due process. (Ord.No. 257, Sec. 8.) i4.16.09 Complaints The city of Ozark directs the franchisee to make investigation of, and resolve, all complaints regarding the quality of service, equipment malfunctions, and similar matters within 48 hours, and that the franchisee shall maintain a local business office or agent for their purposes, and the Mayor shall be responsible to the City Council to insure compliance herewith. (Ord.No. 257, Sec. 9.) 4.16.10 Police power The franchisee shall, at all times during the existence of this franchise,be subject to all lawful exercise of the police power by the city, and to such reasonable regulations as the city shall hereafter by resolution or ordinance,provide. (Ord.No. 257, Sec. 10.) 4.16.11 Insurance The franchisee shall carry sufficient insurance against liability to property damage of not less than One Million Dollars ($1,000,000.00) as to any one accident and not less than Three Million Dollars($3,000,000.00) as to any one accident as it may relate to damage to property and persons. Upon retaining such insurance,the franchisee shall submit to the city certificates from all companies insuring the franchisee is properly insured for all of his liability, and that no such insurance will be cancelled or changed except after thirty(30) days' notice to the city. (Ord.No. 257, Sec. 11.) 4.16.12 Stations Notwithstanding Part 76 provisions of the Rules and Regulations of the Federal Communications Commission,the franchisee shall provide cable television service from the following system: 39 KARK Channel 4 • KFSM Channel 5 KATV Channel 7 KTUL Channel 8 KTHV Channel 11 KAFT Channel 13 ETV KFPW Channel 40 Weather Channel Channel 9 The franchise shall also provide the right for the franchisee to add three new channels which includes KLMN Channel 24, and two (2) independent channels via satellite with an additional charge to the monthly rate not to exceed $1.50 and this additional charge will become effective on the date the three new channels are added. (Amendment to Ord.No. 257.) 4.16.13 Franchise tax Beginning on January 1, 1981, Cebridge Acquisitions, LP, d/b/a Suddenlink Communications shall pay to the city of Ozark, Arkansas, each year a franchise tax in the amount equal to four percent(4%) of the gross subscription revenues from the Ozark Cablevision Company Television and Home Box Office Operation within the city of Ozark. Payment is to be made thirty (30) days after the end of each month. (Amendment to Ord.No. 257.) 4.16.14 Sale or merger Cebridge Acquisitions, LP, d/b/a Suddenlink Communications shall not sell, lease, sublet or transfer its system and privileges granted herein without approval of the city;however, said approval shall not be unreasonably withheld. This ordinance,however, shall not prohibit the sale to or merger with any wholly-owned subsidiary corporation of TCA Cable TV, Inca (Ord.No. 89-8, Sec. 3.) 4.16.15 FCC forms The Mayor is hereby authorized and directed to file two completed FCC Forms 328 by registered mail (not certified mail)with return receipt requested to: Federal Communications Commission Cable Franchising Authority Certification P.O. Box 18539 Washington D.C. 20036 The Mayor is further directed to mail a completed copy of this Form 328 to our local cable operator at the address listed on the form by certified mail, return receipt requested, on the same day copies are mailed to the FCC. (Ord.No. 93-22, Secs. 1-.2) 40 CHAPTER 4.20 OCCUPATION TAX Sections: 4.20.01 Privilege tax 4.20.02 License 4.20.03 Procurement 4.20.04 Application 4.20.05 False statements 4.20.06 Separate license 4.20.07 Fee not returnable 4.20.08 Transfer prohibited 4.20.09 Posting 4.20.10 Tax 4.20.11 Penalty 4.20.01 Privilege tax The conducting and carrying on of all trades,businesses, occupations,vocations, callings and professions, except those specifically exempted by the laws of the state of Arkansas,within the boundaries of the city of Ozark, is hereby declared to be a privilege, and each and every person, firm or corporation conducting or engaging in any such trade,business, occupation, vocation, calling or profession, shall apply for and pay for a license therefore in the amounts and procedural requirements as set out. (Ord.No. 94-14, Sec. 1.) 4.20.02 License It shall be unlawful for any person in the city to engage in, exercise, or pursue any line of business without first having obtained and paid for a city license therefore from the city Recorder/Treasurer;the amount of which licenses are hereby fixed in 4.20.10. However, any person, firm or corporation whose primary business location is outside the city limits,maintains no permanent business in Ozark, and who pays occupational license in another city,is exempt from this license. (Ord.No. 94-14, Sec. 2.) 4.20.03 Procurement Except as herein provided, all licenses issued under this ordinance shall become due on January 1'of each year. If not paid by January 31 St, a penalty of twenty- five percent(25%) of the amount of the license fee provided will be assessed. If not paid by February 28th, a penalty of double the amount of the license fee provided will be assessed. Also, if it becomes necessary for the city Recorder/Treasurer or other officials to go to the business to collect, a Five Dollars ($5.00) additional penalty will be imposed. All licenses shall be payable annually and except as herein provided no license shall be issued for a longer period of time than one (1) years. The first license fee due hereunder shall be due on January 1, 1995. (Ord.No. 94- 14, Sec. 3.) • 41 4.20.04 Application Any person desiring to engage in,pursue or carry on any of the occupations, callings, or businesses mentioned in this ordinance, shall apply to the city Recorder/Treasurer who shall collect from the applicant the license fee provided for herein, and the city Recorder/Treasurer shall issue to the applicant receipt and license certificate. (Ord.No. 94-14, Sec. 4.) 4.20.05 False statements It shall be unlawful for any person knowingly and willfully to make a false written or verbal statement in applying for a license under this ordinance for the purpose of defrauding the city,by which statement a license is procured for a less sum that is lawfully due hereunder. It shall likewise be unlawful for any person to fail or refuse to furnish the city Recorder/Treasurer all required information necessary to determine the amount of the annual occupational license fee in accordance with the provisions of this ordinance. (Ord.No. 94-14, Sec. 5.) 4.20.06 Separate license Any person engaged in two or more trades, callings,vocations, businesses or professions enumerated in this ordinance shall be required to take a license for each separate trade,business,vocation or profession. Provided however, if the two or more trades or businesses are being operated under the same Federal Tax I.D.Number and are located at the same business location,then only one license is required for all trades or businesses at that location. (Ord.No. 96-22, Sec. 1.) 4.20.07 Fee not returnable The license fee provided for in this ordinance,when paid for any period provided herein, shall not be returnable in case the licensee,for any reason, surrenders his license or discontinues his business, and any sum so paid shall not be returnable to any person. (Ord.No. 94-14, Sec. 7.) 4.20.08 Transfer prohibited No license issued under the provisions of this chapter shall be transferred from one person to another or from one business to another without authorization from the City Council. (Ord.No. 94-14, Sec. 8.) 4.20.09 Posting Each license procured under the provisions of this chapter shall be posted in a permanent place where the business covered thereby is carried on, and the holder thereof shall immediately show such license to any officer of the city,upon being requested to do so. (Ord.No. 94-14, Sec. 9.) 4.20.10 Tax For the privilege of engaging in, operating or carrying on the following businesses,trades, vocations,professions or callings in the city, a license tax of Twenty-Five Dollars($25.00) shall be paid each year. (Ord.No. 94-14, Sec. 10) 4.20.11 Penalty Any person, organization, firm, group or parry failing to comply with this ordinance shall be guilty of a violation and upon conviction shall be fined not less than Fifty Dollars($50.00)nor more than Five Hundred Dollars($500.00),together with costs of the proceeding. Each day said willful failure to comply continues constitutes a separate offense and may be prosecuted accordingly. (Ord.No. 2007-9, Sec. 1.) Is 42 CHAPTER 4.24 GARAGE SALES. Sections: 4.24.01 Permit 4.24.02 Charitable purpose 4.24.03 Issued 4.24.04 Sign 4.24.05 Fine 4.24.01 Permit It shall be unlawful for any person, firm, or corporation within the city of Ozark to engage in or carry on any garage sale,porch sale,patio sale, yard sale, or any similar type of sale unless that person, firm or corporation first obtain from the City Collector a permit to do so. The City Collector shall make and collect a charge of Five Dollars($5.00)per day for all permits for such sales, except as it hereinafter provided. (Ord.No. 242, Sec. 1.) 4.24.02 Charitable purpose The City Collector shall issue, without charge and without any type of time limitation, a permit for any such sale being conducted by a church or being conducted for any generally recognized charitable purpose. (Ord. No. 242, Sec. 1.) 4.24.03 Issued A. If any person, firm or corporation, other than a church or persons conducting a sale for a generally recognized charitable purpose, shall, at the time of applying for said permit, sign an affidavit stating that said sale shall be of personal property owned by said person, firm or corporation and that said property was not purchased for the purpose of resale,the City Collector shall issue,without charge, a permit for said sale to continue for a period of time no longer than three(3) days. (Ord.No. 242, Sec. 1.) B. It is the desire of the City Council that any person, firm or corporation conducting such garage sale,porch sale,patio sale, or yard sale be issued a permit only three (3)times per year, such year beginning the calendar year January 1, 1993. (Ord. No. 92-23, Sec. 2.) 4.24.04 Sign A. The yard sale operator, when receiving a permit to operate a yard sale within the city of Ozark shall sign a statement and shall be provided a copy of said statement setting forth the rules and regulations regarding the placement of yard sale signs within the city of Ozark. • 43 B. All yard sale signs must have language clearly delineated on same setting forth: I the date the sign is first placed at the location; 2. the location at which the yard sale is to take place; 3. the yard sale permit number. C. Yard sale signs shall not be attached to utility poles or government signage. D. All yard sale signs must be removed within twenty-four(24)hours of the ending time of the yard sale. E. No yard sale signs may be placed upon the private property of others unless express permission is obtained from the owner of such property. (Ord.No. 99-26, Sec. 1.) F. It shall be unlawful for the holder of a permit to post a sign advertising the permitted sale on any property other than property owned by the permittee. (Ord. No. 85-10, Sec. 1.) 4.24.05 Fine Any person, church, firm or corporation violating any provision of this ordinance by non-compliance shall be deemed guilty of misdemeanor and fine not less than Twenty-Five Dollars ($25.00)nor more than Fifty Dollars ($50.00). Each day's violation constitutes a separate offense and is punishable as such. (Ord.No. 242, Sec. 1.) 40 44