§ 5.91.090. Fees for license.

A.

Amount of Fees. The application fee shall be fifty dollars ($50.00) and the licensing and renewal fee shall be one thousand five hundred dollars ($1,500.00), or the application, licensing and renewal fees may be provided by amendments to the city's master fee schedule. The fees shall be calculated so as to recover the total cost of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this Chapter. All fees shall be used exclusively to fund the program, and shall be separately accounted for. Fees are nonrefundable except as may be required by law.

B.

Fees Due and Payable. The application fee is due and payable at the time the application is submitted to the city. All licensing and renewal fees shall be due and payable to the city as determined by the Department. The amount of fees shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent fees. An action to collect the fee must be commenced within three (3) years of the date the fee becomes due. An action to collect the penalty for nonpayment of the fee must be commenced within three (3) years of the date the penalty accrues. The city is entitled to recover its attorney's fees and costs pertaining to any action to delinquent fees plus interest at the rate specified by law if the city is the prevailing party.

C.

Fees Assessed Against the Business Property. The amount of fee, penalty and interest imposed under the provisions of this Chapter may be assessed against the business property on which the fee is imposed in those instances where the proprietor of the business and the business property are one (1) and the same. If the fees are not paid when due, such fee, penalty and interest shall constitute an assessment against such business property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof including all penalties and interest are paid, or until it is discharged of record.

D.

Tobacco Retailers Subject to Deemed Approved Alcoholic Beverage Sale Regulations. Any tobacco retailer subject to annual inspection fees for alcoholic beverage retail establishments as set forth in the master fee schedule shall not pay licensing and renewal fees under this Chapter. Such tobacco retailer, however, shall apply for a tobacco retailer's license and pay the application fee set forth under paragraph A. of this Section. Further, if during the course of the calendar year a tobacco retailing location has a change in proprietors, the new tobacco license is subject to the application and licensee fee as required in Section 5.91.090 A. as tobacco licenses are not transferable pursuant to Section 5.91.080.

(Ord. 12867 § 2 (part), 2008; Ord. No. 13452, § 2, 9-19-2017)

Editor's note

See the editor's note to § 5.91.040.