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ORD 34743 - Amend chapter 10 of municipal code re occupation taxes and sales • ic;citt.HA,^Fey Planning Department `, yes RECEIVED Omaha/Douglas Civic Center .- el 1819 Farnam Street,Suite 1100 Ct 41 Omaha,Nebraska 68183-0110 O•ham ..,. (402)444 5200 o4.1 ary ,. -.: ,,, (402)444-5150 ��TFD FESit-t' ' i ° �~�' p Telefax(402)444-6140 e( +� { f City of Omaha Robert C.Peters Hal Daub,Mayor Acting Director November 3, 1998 • Honorable President and Members of the City Council, Attached for your approval is an ordinance that will delete several unused and obsolete sections of the Omaha Municipal Code in chapters 19 and 30. The reason for the deletion of each section or article is as follows i e .ci'� ,4e• /A ,16.:(349 . o. • Section 19-41 Business Sales. This section is not required for regulation purposes and does not produce a significant source of revenue. This used to be defined as going out of business sales, however the definition was deleted. It was intended to delete this section as a part of the 1996 budget process. It was determined that retailers have sales for many different reasons and going out of business was just another excuse which did not need to be regulated by the city. • Section 19-45 Commercial sound trucks. This section is obsolete. We have not issued a commercial sound truck permit in ten years. This type of advertising is no longer used. • Section 19-52 Food stores; meat markets. This section does not define any fee and does not deal with anything regulated by the city. • Section 19-68 Night soil wagons. This type of permit was obsolete 100 years ago, as people no longer need their chamber pots emptied. • Section 19-76 Refreshment trucks, mobile units, and stands. This section covers an occupation which is a type of peddler and is covered in section 19-89. Therefore it is duplication and not required. • Section 19-87 and Sections 19-271 thru 19-281 Telegraph companies. These sections are all obsolete. There are no more telegraph companies and we have received no revenue from this source in several years. • Section 19-93 Weighmasters. The state of Nebraska now issues licenses for this type of work so this is not required to be a part of the city ordinances. • Sections 19-331 thru 19-351 Passport and Identification Shops. The fee for this type of permit was dropped as a part of the 1996 budget process. We no longer get any revenue from this source. Passport photos are regulated by the Department of State and further regulation by the city is not required. • • Sections 30-151 thru 30-187 Auctions and Auctioneers. The fee for auctioneers was deleted as part of the 1996 budget process. It was deleted because it was not needed for regulation purposes and it did not generate significant revenue. In light of the fact that we no longer charge a fee for this type of permit these sections no longer serve a purpose. We respectfully request the adoption of this ordinance. Respectfully submitted, Referred to the City Council for Consideration: /Lk Robert Peters /e/*gf Acting Planning Director Mayor'sM /Title /1,9mo/el/Ole ORDINANCE NO. J92 /v 1 AN ORDINANCE to.amend Omaha Municipal Code Chapter 10 entitled "Finance," Chapter 19 �. 2 entitled "Occupation Taxes," and Chapter 30 entitled "Sales", by deleting references to 3 obsolete or redundant fees and regulations; to repeal Omaha Municipal Code Sections 10- 4 108, 19-41, 19-45, 19-52, 19-68, 19-76, 19-87, 19-92, 19-271 through 19-281, 19-331 5 through 19-351, and 30-151 through 30-187; and to provide the effective date thereof. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 7 Section 1. That Section 19-41 of the Omaha Municipal Code, reading as follows, as 8 heretofore existing, is hereby repealed: 9 Scc. 19-41. Business sales. 10 11 time-of-ftling4As-applieation-fof-sueli-perrnitt 12 (a) Original application . . . $75.00 13 (b) Renewal application . . . 50.00 14 Section 2. That Section 19-45 of the Omaha Municipal Code, reading as follows, as 15 heretofore existing, is hereby repealed: 16 Scc. 19-45. Commercial sound trucks. 17 18 19 Section 3. That Section 19-52 of the Omaha Municipal Code, reading as follows, as 20 heretofore existing, is hereby repealed. 21 Scc. 19-52. Food stores; meat markets. 22 23 24 Section 4. That Section 19-68 of the Omaha Municipal Code, reading as follows, as " 25 heretofore existing, is hereby repealed. • • ORDINANCE NO. 3 /2L/�j PAGE 2 Scc. 19-68. Night soil wagons. Section 5. That Section 19-76 of the Omaha Municipal Code, reading as follows, as heretofore existing, is hereby repealed. Scc. 19-76. Refreshment trucks, mobilc units, and stands. The occupation tax for ice cream, popcorn, lunch, candy, or refreshment wagons, mobilc units and carts shall be $15.00 for each six months; and, for icc cream, popcorn, , conducted is as above mentioned. Section 6. That Section 19-87 of the Omaha Municipal Code, reading as follows, as heretofore existing, is hereby repealed. • Scc. 19-87. Telegraph companies. The amount of the occupation tax levied and imposed against tcicgraph companies the business of receiving messages in the city from persons in the city and transmitting the same by tcicgraph from the city to persons and places within the state, but shall not include any business done to or from points outside the state or any business done for the government of the United States or any of its departments or agencies. Section 7. That Section 19-92 of the Omaha Municipal Code, reading as follows, as heretofore existing, is hereby repealed. Scc. 19-92. Wcighmastcrs. Bcforc the issuance of any permit as certified public wcighmastcr, or any renewal thereof, the applicant shall pay to the director a fcc of$25.00 per year, $37.50 per year commencing January 1, 1982,and$50.00 per year commencing January 1, 1984. Such fees Section 8. That Sections 19-271 through 19-281 of the Omaha Municipal Code, reading as follows, as heretofore existing, are hereby repealed. ry�- ORDINANCE NO. J 7y� PAGE 3 ARTICLE VI. TELEGRAPII COMPANIES Scc. 19-271. Article intended as revenue mcasurc. Scc. 19 272. Lcvy of tax. in the city. Scc. 19-273. Exemptions. of this article, shall not be assessed against or levied upon any business done to or from of-its-departments-or-ageneies: Scc. 19-274. Amount of tax. imseetion49-8-7-of-this-C-ede7 Scc. 19-275. Quarterly payment of tax; due dates. The-payment-of-the-oeeuration4ax-Ievied-and-imposed-by-the-previsions-of-this determining the due date. Each quarterly payment shall be due on the first day of the month Scc. 19-276. Statement of income and gross receipts rcquircd. year, file with the city clerk a full,complete and detailed statcmcnt of the income and gross receipts of said person for the preceding three calendar months, omitting therefrom the Scc. 19-277. Inspection of records. ascertaining the correctness of the rcquircd statcmcnt; provided that this shall not be • ORDINANCE NO. 3 4/7z/3 PAGE 4 Scc. 1 9-278. Failure to file statcmcnt; presumption regarding amount of tax. or neglect to furnish or file the required statcmcnt at the time or times specified, the occupation tax for the preceding three months shall be and is hereby fixed and determined said sum shall draw interest at the rate of one percent per month after becoming due and payable-attelLin-adelition-therete-a-pertalty-of-five-pereent-for-the-failtee-te-par within-six Scc. 19-279. Interest and penalty on deferred payments. All deferred payments due under this article shall draw interest at the rate of one Scc. 19-280. Collection of tax by civil action. 9 7 7 interest and penalties, and may have execution thereon. Scc. 1 9-281. Disposition of receipts. general fund of the city. Section 9. That Sections 19-331 through 19-351 of the Omaha Municipal Code, reading as follows, as heretofore existing, are hereby repealed. ARTICLE X. PASSPORT AND IDENTIFICATION SIIOPS DIVISION 1. GENERALLY Scc. 19-331. Scope of article. declared to be a provider of identification. . , . . ORDINANCE NO. 3q,73 PAGE 5 Scc. 19-332. Standards for and contcnts of identification documents. Efteitanel-eitery-itlentifieatien-doeument-issueel-br anrperson-engaged-in-the-business ef-providing-itientifteation-eleettnients-sirati-ineluelet (ft) A color photograph of the individual being idcntificd; (b) A clear thumbprint taken from the right thumb of the individual being idcntificd; (e) The height,weight,hair color, cyc color, and any distinguishing scars or skin marks of the individual being idcntificd; 4) The-date-4-birtite*theTerson-beiftg-identifted;—artel fej The current place of residence of the person being idcntificd. Scc. 19-333. Transaction records--Required. All persons engaged in the business of providing identification documents shall maintain a complete file in which shall be kept an exact duplicate of each and every piece of identification issued to each and every person obtaining identification documents. Scc. 19-334. Same--Inspection. • It shall be the duty of every provider of identification to maintain for examination, upon demand,by the police chief,or some person under his or her direction, or any member of the police department,the entire file required by section 19-333. DIVISION 2. PERMIT Sec. 19-341. Required. It shall be unlawful for any person to engage in the business of providing identification documents without first having obtained a permit from the permits and inspeetitifts-elivision-authorizing-suelt persen-te-eaffron-sueh-business7 Scc. 19-342. Bond. Before any permit shall be issued under the provisions of this division,the applicant thcrcfor shall execute and file with the city a bond to the city in the sum of$1,000.00, with good and sufficient corporate surety, approved and filed as required by this Code, and conditioned for the faithful performance by the principal of each and all the trusts imposed by-law-uptin-previtiers-of4tientifieation-eleetunents7 Scc. 19-343. Fcc. The a permit required by the provisions of this article shall be as provided in section 19-70 of this Code. Scc. 19-344. Issuance. ORDINANCE NO. 3 el7g3 PAGE 6 Scc. 19-345. Business location. Scc. 19-346. Transfer. • assignable. Scc. 19-347. Suspension or revocation--Grounds. by the police chief for the violation by the permittcc of: Any law of the state defined as a misdemeanor or felony; or 1ej Any other applicable provision of this Code, state law or city ordinance, rule or regulation. Scc. 19-348. Same--Notice of hearing. If 4t-is-eleterminetl-that-any-permit-issueel-uneler-tbe-provisions-of-this-elivision-may a hearing to show cause, if any there be, why such permit should not be rcvokcd. Such certified mail- Scc. 19-349. Same--Action at hearing. the police chief shall hear all the testimony as to whether or not grounds exist for the shall be determined that such grounds do exist, the permit shall be suspended or revoked Scc. 1 9-350. Same--Appeals. ORDINANCE NO. 3 v2 '3 PAGE 7 change or modify such finding or determination. It may continue a suspension of any permit for a definite number of days, it may.rcinstatc a permit, or it may permanently revoke a , Sec. 10-351. Expiration. Every permit issued under the provisions of this article shall expire on June 30 or December 31 of the year in which issued. Section 10. That Sections 30-151 through 30-187 of the Omaha Municipal Code,reading as follows, as heretofore existing, are hereby repealed. ARTICLE V. AUCTIONS AND AUCTIONEERS DIVISION 1. GENERALLY Scc. 30-151. Exemptions. The provisions of this article shall not apply to anyone who shall be acting under the • Sec. 30-152. Permit required. It shall be unlawful for any person, whether acting for himself or as an agent of another, to sell at auction any goods, wares, or merchandise or other personal or real property, or interest therein,at any street stand or other place in the city, by auction, outcry, fees as a commission for his services, without first procuring a permit from the city Scc. 30-153. Application for permit. Any person may become an auctioneer and be permitted to sell real and personal Scc. 30-154. Permit fcc. thcrcfor shall pay a fcc as provided in section 19-33 of this Codc. Sec. 30-155. Bond. l\---- . • . ORDINANCE NO. 35/74/ PAGE 8 Before any permit shall be issued under the provisions of this article, the applicant therefor shall file with the city a bond in the amount of$25,000.00 with one surety to be approved by the law department, conditioned upon the due observance of the provisions of this article and any other applicable provisions of law, and assuring that such auctioneer will promptly-par over to the proper party entitled thereto all moneys and proceeds derived from sales made at auctions by such auctioneer, less his reasonable expenses and commissions, and further conditioned for the payment to any person of any damages said person may suffer by reason of any false statement or misrepresentations made by such auctioneer. Sec. 30 156. Issuance of permit. The city clerk shall issue the permit required by the provisions of this article upon eemplianee-herewitithrthe-applieant-therefer7 Sec. 30-157. Contents of permit. . Each permit issued under the provisions of this article shall set forth the name of the permittee, his place of business and the period for which such permit is i3sued. Scc. 30-158. Expiration of permit. Every permit issued under the provisions of this article shall expire on December 31 next following its date of issuance. See -30-159=—Suspension-er-reveeation-of-permit Any permit issued under the provisions of this article may be suspended or revoked by the permits and inspections division for the violation by the permiftec of any applicable provision of this Code, state law or city ordinancc, rule or regulation, or of any of the emtelitions-erf-Itis-bonel7 Scc. 30-160. Assistants. Any auctioneer having a permit issued under the provisions of this article who, on account of sickness or other disability, is unable to make any auction sales may, with the written consent of the permits and inspections division, appoint an assistant, who shall have the same privileges as such permittcc during the time such permittcc is unable to attend to his business;provided,however,that in such event the permittec shall be liable for any and all acts performed by such assistant in the same manner as if he himself conducted such auction. Scc. 30-161. Use of noise or music to attract customers. No auctioneer, in making sales, shall use any means of attraction by crier, drum, fife, radio, publicinstruments noise music. • • . . , • • ORDINANCE NO. .3g7f3 PAGE 9 Scc. 30-162. Boosting bids. It shall bc unlawful for any auctioneer in the city to use or employ arry-sehente-or plan such as by-bidding or other similar artifice for the purpose of inducing increased bid3; or to have in his employ, either directly or indirectly, any person who shall make, or attempt to make, bids on any property being offcrcd for sale by the auctioneer for the purpose of irtereatirtg-the-priee-t-o-be-paiel-for-suelt-property-or-fer-theTurperse-of-eausing-or-indueing otherversons-terinerease-their+ids7 Scc. 30-163. Sale of mortgaged property. Any auctioneer who shall sell any personal property, title to which is in a person other than such auctioneer's principal, or upon which there is a lien or mortgage duly recorded according to law, shall be liable to the owner or mortgagee of the property so sold to the extent of such owner's or such mortgagee's interest in such property for any damages resulting-to-suelt-owner-or-mortgagee-by-reasorrof-sueh-sftle; Scc. 30-164. Appeal of action on permit. Any person aggrieved by the issuance, denial or cancellation of any permit is3ued under the provisions of this division may appeal therefrom to the administrative appeals boatd-breomplyiftg-with-all-the-provisions-of-seetiom2-171 et seq. of this otle7 DIVISION 2. JEWELRY AUCTIONS Scc. 30-181. Definition. For the purposes of this division, the word "jewelry" shall include gold, silver or plated ware,precious stones,watches,clocks and other items commonly known as jewelry. Scc. 30-182. Prohibited in certain months. shall be unlawful for any person to arrange for, conduct, or cry afir auction sale retail-o-f-goklrsilverTer-Plated-ware;Treeieus- teftesr watellesTeleeks;-eff-jewell7--at-an-y-tiffle during the months of June,November,or December in any year, except under and by virtue of an order of court, or in a judicial capacity, or under the provisions of any statute. Scc. 30-183. Conditions for holding sale. It shall be unlawful for any person to arrange for, conduct or cry any retail auction sale of any jewelry unless the person whose stock is being offered for sale at auction shall have been in the retail jewelry business at the location and in the premises at which said auction sale is to be cried for at least one year next before the commencement of the said auction sale, and shall not have conducted an auction sale at any time within said one-year period-at-said-loeation-or-on-saidvemises7 1111 • • ORDINANCE NO. c5,9 3 PAGE 10 1 Scc. 30-184. Duration of auction; hours. 2 • 3 4 5 6 7 tlar 8 Scc. 30-185. Inventory; identification tags or marks. 9 , 10 of the auctioneer or crier conducting said sale that he make a complete and accurate 11 12 with the city clerk. It shall also be required of said auctioneer or crier, bcforc the 13 , 14 15 , 16 , 17 18 sale shall not exceed in value the average inventory of the person whose stock is being 19 offered for sale at such auction for the 12 months next preceding the auction. 20 Sec. 30-186. Fill-in goods--Inventory. 21 " 22 23 , 24 filed with the city clerk an inventory, bcforc the sale of any item on the list, describing each 25 , 26adiustments.-0-f-watehes7-and-whether-ther ate-new-or 27 used articles. 28 Scc. 30-187. Same--Statement of fact in advertising and at auction. 29 30 31 32 „ „ 33 total wholesale value thereof, which statement shall be in type or writing of equal 34 35 36 37 38 "Section 11. That Section 10-108 of the Omaha Municipal Code, reading as follows, as 39 heretofore existing, is hereby repealed: ORDINANCE NO. .51 PAGE 11 1 Scc. 10-108. Contract restriction for Central Park Mall areas. 2 , 3 , 4 of Housing and Urban Development as the Central Park Mall Projcct (C-9), authority is 5 hereby granted,an , 6 7 8 contract shall be made for any Central Park Mall project unless at least ten percent of the 9 amount of each contract shall be awarded to a bona fide minority enterprise. In addition 10 , 11 concerns owned by female persons. 12 13 14 15 16 17 , 18 . 19 Section 12. This Ordinance shall be in full force and take effect fifteen days from and after 20 the date of its passage. INTRODUCED BY COUNCILMEMBER 1 APPROV 1 BY: /,.-01.- /5 • "tie i•YOR OF THE CITY OF OMAHA AT PASSED NOV 17 1998 45 ai$'i 4 / D ATTEST: /rif(98 C CLERK OF TI-lB CIT Y OF OMAHA DATE APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE P:\CC\6452.MAF MOTION BY COUNCILMEMBER 7 I hereby move that Council Document No. sar , Current Series, appearing as Item Number 20 on the November 17, 1998 City Council Agenda, be amended as follows: 1. Amend the title of the ordinance in its entirety,to read as follows: "AN ORDINANCE to amend Omaha Municipal Code Chapter 10 entitled"Finance," Chapter 19 entitled "Occupation Taxes," and Chapter 30 entitled "Sales",by deleting references to obsolete or redundant fees and regulations;to repeal Omaha Municipal Code Sections 10-108, 19-41, 19-45, 19-52, 19-68, 19-76, 19-87, 19-92, 19-271 through 19-281, 19-331 through 19-351, and 30-151 through 30-187; and to provide the effective date thereof." 2. Renumber the existing "Section 11" of the ordinance, at page 11, as "Section 12." 3. Add a new Section 11 reading as follows, and inserted after Section 10 at page 10: "Section 11. That Section 10-108 of the Omaha Municipal Code,reading as follows, as heretofore existing, is hereby repealed: Sc. i n i 08 Co tr ct. striction f_Central nark Matt For that portion of thc downtown city, designated by thc city in its 1979 United States Department of I Iousing and Urban Development as thc Central Park Mall Projcct (C-9), authority is hcrcby granted, and thc city shall hereafter require,that all bid specifications and contracts on any Central Park be awarded to a bona fidc minority enterprise. This means that under this MOTION PAGE 2 scction no contract shall bc made for any Ccntral Park Mall projcct unlcss at least tcn perccnt of thc amount of cach contract shall bc awardcd to a bona fide minority cntcrprisc. In addition thcrcto, at least thrcc perccnt of the amount of cach contract shall bc awardcd to firms or concerns owncd by A minimum of 15 perccnt of the employccs hircd or working pursuant to such contract(C-9) shall bc minority persons and/or women. 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