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O75-04CITY OF KENNEDALE ORDINANCE NO. 75-4 AN ORDINANCE REQUIRING EVERY BUSINESS OPERATED IN THE CITY OF KENNEDALE, TEXAS, FROM OR UPON PREMISES LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF KENNEDALE, TEXAS, OBTAIN A PERMIT THEREFOR FROM THE CITY OF KENNEDALE; SETTING A PERMIT FEE; DECLARING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; EXEMPTING FROM THE REQUIREMENTS OF THIS ORDINANCE ANY BUSINESS REQUIRED TO OBTAIN A PERMIT FROM THE CITY UNDER EXISTING ORDINANCES, AS WELL AS ANY BUSINESS LICENSED BY STATE LAW, BUT ONLY IF THE STATh HAS PRE-EMPTED THE FIELD TO THE EXTENT THAT THE CITY CANNOT REQUIRE A CITY PERMIT THEREFOR; CONTAINING A SAVING CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR PENALTIES FOR THE VIOLATION HEREOF. WHEREAS, the City Council of the City of Kennedale, Texas, deems it in the best interest of the citizens and inhabitants of the City of Kennedale that each and every business, whether retail, wholesale, manufacturing, industrial or otherwise, operated within the City of Kennedale from premises within said City, be required to obtain a permit from the City of Kennedale, so that the City and its Officials will know the location, nature and existence of the business; now, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: 1. From and after the effective date of this Ordinance, and as hereinafter provided, it shall be unlawful to operate any business, whether retail, wholesale, manufacturing, industrial or otherwise, from or upon any premises located within the City of Kennedale, Texas, without first obtaining a permit therefor from the City of Kennedale. 2. The purpose of this Ordinance is only to enable the City of Kennedale and its Official to know of the existence, location, ownership and nature of each business operated from and upon premises within the corporate limits of the City of Kennedale, Texas, and to be more able to ascertain whether the operation thereof is in compliance with other Ordinances of the City or applicable State Laws; and therefore, the application fee for a permit under this Ordinance shall be only the sum of($5)FIVE DOLLARS per year. Each permit issued hereunder shall be for the calendar year in which issued, and the fee will not be devisable for less than a full calendar year. The permit shall be renewable annually on or before the first day of March for the calendar year. Any business commencing during a calendar year shall pay the same fee for a permit for the remaining portion of the year following its commencement. 3. Application for a permit hereunder shall be in writing and shall contain the following information: The address within the City of Kennedale upon or from which the business is operated; the legal description of the premises on which it is located; the names and addresses of the owners thereof; the names and addresses of the persons in a managerial position operating the business, if different from the owners; the date of commencement of the business and its expected duration; and a full and complete description of the nature of the business, that is, whether retail or wholesale, manufacturing, service or otherwise, including information as to the nature of the products manufactured, sold, stored and/or distributed by or through the business. 4. The following businesses are expressly exempt from the provisions of this Ordinance: (a) Any business which is presently required to obtain a license or permit from the City of Kennedale for its operation within the City, or any business that shall hereafter be required to obtain a permit or license from the City for its operation under any Ordinance hereinafter inacted; it being the intention of this Ordinance merely to register businesses within the City, as distinguished from regulation, and in event of regulation and licensing under any other Ordinance of the City, it is the intent of the City Council that such businesses shall apply for and be issued permits under the provisions of such regulatory licensing ordinances, rather than this Ordinance. (b) Any business that involves only distribution within the City of Kennedale, such as distribution by street delivery, through the mail, or otherwise, without the location of a business office or headquarters, warehouse, store, shop, etc., upon identifiable premises within the City of Kennedale, Texas. (c) Any business for which a permit or license is required under State or Federal Law, but only in the event that the licensing or permit legislation of the State and/or Federal Government is of such a nature as to constitute a pre-empting of the field to the extent that a registration permit requirement by the City of Kennedale would be deemed unlawful interference with State or Federal regulations of the particular business. 5. Applications hereunder shall be made to the City Secretary, and it shall be the duty of the City Secretary to issue a permit hereunder to any business upon the submission of a proper application therefor and payment of the required fee, without any duty to pass upon the legality of the business or its operation. The issuance of a permit hereunder shall be evidence only that said business has registered with the City of Kennedale, Texas, for identi- fication and disclosure of its existence and operation, and issuance of such permit shall not be construed to constitute municipal approval of the business, and shall not be deemed to authorize the conduct of said business in violation of any Federal, State or municipal law or regulation or to estop the City from complaining of the violation by said business of any other valid ordinance or regulation, either Federal, State or municipal. 6. Each and every section, sentence, paragraph, phrase and provision of this Ordinance is declared to be a separate and distinct part hereof, which the Kennedale City Council would have enacted alone, and the holding of any part of this Ordinance invalid for any reason shall not affect the validity of any other portion hereof. 7. This Ordinance shall take effect on January 1, 1976, but no penalty shall be imposed for the failure of any business to have a permit hereunder until on and after the 1st day of April, 1976. 8. Any person, firm or corporation operating any business within the City of Kennedale, Texas, required to have a permit here- under, where no permit has been obtained, and any person, firm or corporation making a false statement in order to obtain a permit hereunder, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be fined any sum not to exceed $200.00. Each day that a ciolation of this ordinance occurs by continued operation of a business shall be deemed to constitute a distinct and separate of- fense hereunder. -2- ADOPTED AND APPROVED this the 14th day of August 1975. APPROVED: 1,/ N. '' '.. Childres, Mayor of the City of Kennedale, Texas ATTEST: Evelyn Templeton, City Secretary (CITY SEAL) CERTIFICATE I, Evelyn Templeton, City Secretary of the City of Kennedale, Texas, hereby certify that the above and foregoing is a true and correct copy of City of Kennedale Ordinance No. 75-4, duly adopted by the City Council of the City of Kennedale, Texas, at a regular meeting thereof on the 14th day of August , 1975, as is reflected by the Minutes of said City Council. TO CERTIFY WHICH witness my hand and the official seal of the City of Kennedale, Texas, this /¢ day of , 1975. Evely{ Templeton, ty Secretary of the City of Kennedale, Texas (CITY --SEAL)