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Type: MAUNOT
Party:
County: Pulaski
Attorney/Contact: Tina Timmons

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, COUNTY OF PULASKI, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: ORDINANCE NO. 1108, AN ORDINANCE TO AMEND THE MAUMELLE CITY CODE TO INCREASE ANNUAL BUSINESS REGISTRATION FEES AND SOLICITOR PERMIT FEES, AND FOR OTHER PURPOSES

WHEREAS, section 26-1 of the Maumelle City Code requires businesses in the City of Maumelle to pay an annual registration fee; and

WHEREAS, business registration ensures that businesses can be monitored for compliance with building and fire codes in the interest of public safety; and

WHEREAS, the city council is authorized by section 26-1 to adjust the annual registration fees; and

WHEREAS, the city’s police department is charged with enforcement of city’s ordinance concerning solicitors, see Maumelle City Code §§ 50-30 to -42, and the city clerk/treasurer is responsible for maintaining the no-solicitation list and handling solicitor permit applications; and

WHEREAS, the annual business license fees were last set in 2003, and the solicitor permit fee was last set in 1987, and the city council has determined that both fees should be increased.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:

Section 1. Section 26-1 of the Maumelle City Code is amended to read as follows:
Sec. 26-1. – Hazardous materials; business registration and declaration.
(a) Registration and declaration. On or before January 31 of each year, or within 30 days of the establishment of the business, all local businesses shall register with the city declaring the nature of said business and identifying the use or storage of any and all hazardous chemicals, equipment or other items, and shall pay the registration fee as prescribed herein.
(b) Failure to register. Failure to register a business is to be declared a violation of this section. Any code enforcement or law enforcement officer may issue a citation to any person or business in violation of the provisions of this section.
(c) Registration and declaration form provided. The city will provide, during regular business hours at the city hall, a form which a business owner or his agent may complete. Providing false or misleading information on the registration form may be a violation of city, state or federal law and will be prosecuted in accordance therewith.
(d) Penalty. Any person issued a citation pursuant to this section for failure to register shall be deemed to be charged with a civil infraction. A fine of $100.00, plus the cost of the unpaid registration fee shall be assessed for each violation of this section.
(e) Registration fee. Pursuant to the authority of its police powers and its authority under law, an annual registration fee for the registration and declaration of businesses is established for each business located within the city.
(1) The fee schedule is as follows:
(A) Home based businesses……$ 25.00 includes only those business which are lawfully operated from a residence which is located in any residential zone in the city) A home based business is defined in section 94-572. “Home based business” as used in this subsection means the same as “home business/occupation” as defined in § 94-572.
(B) Commercial, retail, or professional businesses…… 50.00 $100.00
(C) Industrial or warehouse businesses…… 100.00 $200.00
(f) The fees provided for in this section may be adjusted from time to time as deemed necessary and appropriate by the city council.
(g) Fifty percent of the fees provided for in this section shall be used to help fund the expenses of the city’s police and fire departments for any of the functions listed in section 2-622. The remaining fifty percent shall be used to help fund the expenses of the city clerk/treasurer’s office for any of the duties and responsibilities listed in section 2-232.
Section 2. Section C-111 of the Maumelle City Code is amended to read as follows:
Sec. C-111. – Solicitor permit.
(a) The fee for a solicitor permit, as provided for in article II of chapter 50 of the Maumelle City Code, shall be as follows:
(1) For any corporation, partnership, association or entity which is not a natural person, $500.00. $1,000.00.
(2) For natural persons, $50.00. $100.00.
(b) Fifty percent of the fees provided for in this section shall be used to help fund the expenses of the city’s police and fire departments for any of the functions listed in section 2-622. The remaining fifty percent shall be used to help fund the expenses of the city clerk/treasurer’s office for any of the duties and responsibilities listed in section 2-232.
Section 3. (Do not codify.) Codification. It is the intention of the city council that the provisions of this ordinance shall become and be made a part of the Maumelle City Code.
Section 4. (Do not codify.) Repealer. All other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. (Do not codify.) Severance. If any clause, sentence, paragraph, section or other portion of this ordinance is found to be unconstitutional, invalid, or inoperative by a court of competent jurisdiction, such findings shall not affect the validity of the remainder of these sections, nor shall any proceeding invalidating any portion of any section operate to affect any portion of the remainder of said sections not specifically attacked in said proceeding.
Section 6. (Do not codify.) Effective date. This ordinance shall be effective on and after January 1, 2025. Adopted this 5th day of February 2024. DR1T 2/13/2024.