Business Registration

Notice: The City of Eden Business Registration will become effective July 1, 2016.

Article II: Business Registration



Section

7-27 Definitions

7-28 Construction of this Chapter

7-29 Requirement for Registration

7-30 Period of registration; due date

7-31 Separate businesses

7-32 Exemptions

7-33 Registration Application

7-34 Reasons for refusal or revocation of a registration

7-35 Unqualified agents; right to a conference

7-36 Administrator to issue registration; payment of a registration fee a prerequisite

7-37 Registration Fee

7-38 Revocation

7-39 Form and contents of registration

7-40 Assignments

7-41 Changes in the business conducted during the year

7-42 Administrator to furnish duplicates

7-43 Record of conferences

7-44 Providing notice to an agent or person

7-45 Duty to determine whether registration is required

7-46 Administrator to investigate

7-47 Duty to permit inspection

7-48 Duty to post registration

7-49 Compliance

7-50 Enforcement of ordinance

7-51 Appeal

7-52 Effective Date

7-27 Definitions.



The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator.

The person designated by the City Manager to operate the Business Registration Program required by this Article.

Agent

. The individual acting on behalf of "Person," as defined herein.

Business.

Each trade, occupation, profession, business, and franchise subject to registration under this chapter.

City.

The City of Eden.

Person.

Any individual, trustee, executor, other fiduciary, corporation, unincorporated association, partnership, sole proprietorship, limited liability company, firm or other legal entity

A business is seasonal in nature when it is conducted for profit six months out of the year or less.

7-28 Construction of This Article.



This article is enacted for regulation purposes only. In addition, issuance of a registration in accordance with this article does not excuse a person from compliance with any other applicable ordinance or statute. This article does not prevent the City from requiring registration for additional businesses.

7-29 Requirement for Registration.



Unless exempt as described in 7-32 of this Article, each person who conducts a business within this City is subject to this Article. One conducts a business "within the city" if one maintains a business location within the city; or if, either personally or through agents, 1 solicits business within the city limits 2 picks up or delivers goods or services within the city limits.

7-30 Period of Registration; Probation; Due Date.



All registrations provided for and fixed in this Article shall be for 12 months, unless otherwise specified. All registration required by this Article shall date from the first of July of the year of issuance and shall expire on June 31 next following, provided that where the registration is issued after January 1, then the registrant shall be required to pay one-half of the fee prescribed, except where otherwise specifically provided. A person may not commence to conduct a business within the city until the business registration is obtained and may not continue such a business beyond the period for which the registration is issued.

7-31 Separate Businesses.



A separate registration is required for each place of business unless two or more places of business under common ownership are contiguous to each other, communicate directly with and open into each other, and are operated as a unit.

7-32 Exemptions.



The provisions of this Article shall apply to all businesses within the City of Eden municipal jurisdiction unless specifically exempted or excluded from registering by this Ordinance, by the laws of North Carolina or by the laws of the United States.

7-33 Registration Application.



A person shall apply to the Administrator for each registration required by this Article before commencing business. The application which shall be submitted on forms provided by the City of Eden Administrator shall contain:

a. The name of the owner, and if applicable the agent for the business, and a complete statement as to whether the agent is an individual, a partnership, a corporation, or some other entity.

b. The nature of the business.

c. The physical location of where the business is conducted.

d. An address where notices and statements may be mailed to as required by this Article.

e. Whether the business is regulated by a state occupational licensing board subject to G.S. Chapter 93B, and if so, the serial number of the state registration the business or the agent for the business currently holds.

f. Any other information the Administrator determines may be necessary to issue the registration, or otherwise regulate the business appropriately.

The application shall be accompanied by the payment of a registration fee which shall be set forth and adopted annually by the City Council in the Schedule of Tax and Service Fees. In compliance with state law, this fee shall not exceed the cost to the City of the administrative process of the production and issuance of the registration, or to otherwise monitor the business.

7-34 Reasons for Refusal or Revocation of a Registration.



The Administrator shall refuse to issue a registration or may revoke a registration for either of the following reasons:

a. The owner or agent misrepresents a fact relevant to his or her qualifications for a registration.

b. The owner or agent refuses to provide necessary information, as determined by the Administrator in his or her discretion.

7-35 Unqualified Agents; Right to a Conference.



After receipt of the completed application, if the Administrator believes that a reason exists for refusing a registration under 7-34 of this Article, the Administrator shall not issue the registration. At the agent's request, the Administrator shall in accordance with 7-44 of this Article, give the owner or agent a written statement of the reason for refusing the registration. The owner or agent may, within ten days after the day the statement is received, request a conference to discuss the refusal. In the request, the owner or agent shall specify why the application for a registration should not be refused. The administrator shall arrange the conference within three business days of receiving the request.

If the Administrator refuses to issue a registration, the owner or agent may reapply for a registration at any time thereafter. If the reason for which the application was refused no longer exists, and if no other reason exists for refusing to issue a registration, the Administrator shall issue the registration in compliance with 7-46 of this Article.

7-37 Administrator to Issue Registration; Payment of Registration Fee a Prerequisite.



After receipt of the completed application and payment of the registration fee, if the Administrator believes that no reason exists for refusal of a registration under §7-34 of this Article, the Administrator shall issue the registration.

7-37 Registration Fee.



The fee required of every owner or agent for any business conducted in or engaged within the City as required by this Article shall be set forth and made a part of the schedule of Taxes and Fees adopted by the City Council, as amended from time to time. Notwithstanding the foregoing, the fee shall in no case be more than the maximum permitted by North Carolina law for that particular business or enterprise.

7-38 Revocation.



The administrator may revoke a registration if a reason exists to revoke it as set forth in 7-34 of this Article. Before revoking a registration, the Administrator shall give the person written notice of the grounds for revocation, in accordance with 7-44 of this Article. The person may, within ten days after the day on which notice is mailed, request in writing a conference with the Administrator. The request shall specify the reasons why the registration should not be revoked. The Administrator shall arrange the conference within three business days of receiving the request.

If the person fails to request a conference within ten days after the day on which notice is mailed, the Administrator shall revoke the registration. If the person requests a conference, the Administrator may not revoke the registration until after the conference.

If the Administrator revokes a registration, the person whose registration has been revoked may apply for a new registration at any time thereafter. If the reason for which the registration was revoked no longer exists and if no other reasons exists for refusing to issue a registration, the Administrator shall issue the registration in accordance with 7-36 of this Article.

7-39 Form & Contents of Registration



A registration shall show the name of the person, and any agent who may act on the person's behalf, the place where the business is conducted (if it is to be conducted at one place), the nature of the business and the period of which the registration is issued. The Administrator shall keep an exact copy of each registration issued.

7-40 Assignments



A registration may be assigned 1 a business under this Article and carried on at a fixed place is sold as a unit to any person 2 the purchaser is to continue the same business at the same place. Such a change shall be reported to the Administrator in accordance with 7-41 of this Article. Otherwise, each registration issued under this Article is a separate registration and not assignable.

7-41 Changes in the Business Conducted During the Year



A person or an assignee shall report any change in the information contained in the registration application to the Administrator within ten days after the change occurs. If information shown on the registration itself is affected, the person or assignee shall surrender the registration to the Administrator when reporting the change.

a. Fee for change. If the change does not result in a separate registration fee, the Administrator shall reissue a registration reflecting the change upon payment of a processing fee of $5.

b. Change requiring refusal of a registration. If the change creates a reason for revoking the registration under 7-34 of this Article, the Administrator shall refuse to reissue a registration and shall instead begin proceedings to revoke the registration in accordance with 7-38 of this Article.

7-42 Administrator to Furnish Duplicates.



Upon satisfactory proof that a registration has been lost or destroyed, the Administrator shall furnish a duplicate for a processing fee of $5

7-43 Record of Conferences.



The Administrator shall maintain for three years a record of each conference held in accordance with this chapter. The record shall contain the agent's and person's name, the date of the conference, and a brief statement of the issues discussed and the result reached. After three years, the Administrator may dispose of the record in accordance with G.S. 121-5.

7-44 Providing Notice to an Agent or Person.



Whenever this Article requires the Administrator to give a written statement or notice to an agent or a person, the Administrator may do so in one of three ways:

a. By personally delivering the statement or notice to the agent or person;

b. By mailing the statement or notice by First Class Mail to the address on the application; or

c. By causing the statement or notice to be served on the agent or person in accordance with the procedures for service of process under Rule 4 North Carolina Rules of Procedure.

7-45 Duty to Determine Whether Registration is Required.



Each person or his/her designated agent has the duty to determine whether the business he or she conducts is required to be registered under this Article, and if so, whether that registration has been obtained.

7-46 Administrator to Investigate.



If the Administrator has reason to believe that a person is conducting a business in the City in violation of this Article, the Administrator shall conduct an investigation to determine the status of the business.

7-47 Duty to Permit Inspection.



Each person who conducts a business, as defined in 7-29, in the City shall permit the Administrator or his/her designee to inspect the business premises during normal business hours to determine the nature of the business conducted there.

7-48 Duty to Post Registration.



A business shall post the registration or registrations conspicuously in the place of business registered. If the person has a regular place of business, the registration must be kept where it may be inspected at all times by the proper city officials.

7-49 Compliance.



No application for zoning, inspections or other City permits will be accepted on behalf of a business which has failed to comply with this Article, until the failure to comply has been corrected.

7-50 Enforcement of Ordinance.



a. Criminal remedies. Conducting business within this City without a valid registration issued in accordance with this Article, or without posting a registration in compliance with 7-48 of this Article is a misdemeanor, punishable as provided in G.S. 14.4. Each day that a person conducts business in violation of this Article is a separate offense.

b. Equitable remedies. In addition to the criminal remedies set forth subsection (a) of this section and in compliance with G.S. 160A-175(d), the City may seek an injunction against any person who conducts a business in violation of this Article.

7-51 Appeal.



Any agent/person refused or denied a registration under this Ordinance may appeal to the City Manager for review of such refusal or denial. Such appeal shall be in writing and shall be delivered to the City Clerk within 30 days after notice of such refusal or denial has been sent or otherwise delivered to the agent/person.

7-52 Effective Date

. This Ordinance shall take effect on July 1, 2016.

View all Tax and Service Fees.

Application Information



For assistance please contact Blair Barker at 336-623-2110 and dial "1" or email Blair Barker.