Licensing Department Enabling Act 2013

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Anguish
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Licensing Department Enabling Act 2013

Post by Anguish » Fri Dec 20, 2013 3:09 am


Principle Author : Government Director Oliver Andrews

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I. PREAMBLE


    Currently there are two acts in place that administer business regulation and the functioning of the Licensing Department in Los Santos and its surrounding county. Namely the Business Registration and Licensing Act of 2013 [#003-MK] and the Office of Licensing Enabling Act of 2012 [002-IL]. This act, the Licensing Department Enabling Act of 2013 merges the above-mentioned acts to exclude any ambiguities and inconsistencies.

II. LICENSING DEPARTMENT


    A. STRUCTURE

    An appointed Government Director holds office during pleasure and has the management and direction of the department. The Government Director shall have the general supervision and control of all licensing related affairs and fund expended by the department in performing its duties.In case of a long term absence of the Director of Licensing, the department can fall back on a Deputy Director. The core structure of the department consists of Licensing Officials and Senior Licensing Officials.

    B. PROCEEDINGS

    The Los Santos Licensing Department oversees the operation of businesses in the City of Los Santos and its surrounding county. The department's goal is to provide efficient, effective, and responsible regulations for our businesses in accordance with government policy. The department aims for a customer focused environment to tax- payers through management, assessment and application of best practices. On-line filing is possible for registering your business, applying for a business license, obtaining a special occasion permit and more.

    The taxation by the licensing department is a tax imposed for revenue purposes and to invest in governmental projects. No attempt is made through the business tax to regulate the conduct of business.

    Besides the regulation of businesses, the department of licensing is tasked with handling the city's aviation administration. Registering an aircraft or obtaining a pilot degree through a high standard training program are available services.

    C. TENURE

    The Government Director in charge of the Office falls under the Government Directors Act of 2013. Therefore he/she will maintain his/her position as Director of the Office during and after the elections of a new Mayor of Los Santos. He/she will stay in-charge until they resign or a submission for removal has been submitted by the Mayor of the City to the State Officials of San Andreas. The other officials including the Deputy Director are subject to the terms of agreement in their employment contract.

III. BUSINESS REGULATION


    Generally, All businesses are required to register their business if they wish for a business to contain or be allowed to have any of the four following business license categories. These are, Entertainment, Gambling, Liquor and Adult Entertainment. The registration and licenses will last for the lifetime of the applicant being the owner of the registered business. Change in name or change of location shall be considered a cessation of business and a new application/certificate shall be required. Businesses leased with the Los Santos Property Agency are not required to register unless they wish to apply for a business license that is not included in the leasing contract.
    The Department of Licensing will be able to warn businesses and issue fines or even revoke their licenses if the amount of warnings has reached a sufficient amount to do so which will be decided by the Department of Licensing.

    THE DEPARTMENT UPHOLDS A POLICY WHICH STATES THAT ISSUING A WARNING IS THE SINGLE MOST IMPORTANT MEASURE TO ENFORCE REGULATIONS.

    The penalties which may be issued in addition to the warnings or as a consequence of may include but will not be limited to:
    • Fines which may range from $10,000 to up to $100,000 depending on the severity of the offenses and the overall situation, which is up to the discretion of the Department of Licensing. The regularity and frequency between these fines may increase if the business refuses to acknowledge the warnings issued by the Department.
    • Revocation or temporary suspension of a license may be applicable when a business has received 2 warnings and/or a fine.
    • Seize equipment used by the business if they are unable to cover the expenses of the fines or if the equipment is deemed to be un-suiting or inappropriate to the business environment (i.e. an industrial saw in a Cafeteria).
    The reasoning behind a warning/fine is up to the discretion of the Department of Licensing, the reasons may include (but not limited to):
    • Failure to register their business in a timely fashion.
    • Storing inappropriate or illegal goods on-site of the business. This might include controlled substances or equipment which should not be kept in particular environment (such as large industrial saws in a Cafeteria).
    • If the business is requested to stop a particular type of activity due to their lack of licensing (i.e. gambling, distributing liquor etc.)
    • If the business is associated with criminal organisations or if a large quantity of the employees have been involved in criminal activity.
    UPON A FIRST WARNING, BUSINESSES ARE GRANTED A SEVEN (7) DAYS GRACE PERIOD TO FILE THE REQUIRED PAPERWORK. UPON ISSUANCE OF A FINE, BUSINESSES ARE GIVEN FOURTEEN (14) DAYS TO PAY IT.
    If a business entity (50% or more of Employees) or the business-owner is involved in a felony relating to business-like offenses, such as Tax Evasion or Smuggling, then the Department of Licensing has supreme authority over the state of the business, depending on the severity of the offense in question the Licensing Department may issue a fine, revoke or suspend their business licenses or even request a warrant from the District Attorney’s Office or Supreme Court to issue an arrest.

    The law enforcement agencies may not issue warnings or fines without first consulting the Licensing Department if it concerns the registration, licensing, running or operating of the business itself. The police authorities will not interfere with the operations of the Licensing Department. They are furthermore unable to arrest individuals (business-owners) if they have committed offenses relating to their business license or registration, (i.e. tax evasion) without first consulting and informing the Licensing Department.


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Warmonkey
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Re: Licensing Department Enabling Act 2013

Post by Warmonkey » Wed May 14, 2014 3:11 pm

This Act has been repealed by 022-JS (the Licensing Ordinance), and no longer carries any legal effect.
Kenneth Harrison, Esq.
Assistant State Clerk
San Andreas State Legislature
Hon. Thomas Spencer
Associate Justice (Civil Division)
Superior Court of San Andreas
[line][/line]Please contribute to the unofficial IC encyclopedia of LS-RP atImage

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Re: Licensing Department Enabling Act 2013

Post by Conti » Sun Mar 29, 2015 1:25 am

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THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:



This Act has been repealed by 022-JS (the Licensing Ordinance), and no longer carries any legal effect.

I hereby certify that the foregoing decision was lawfully made by the Executive Branch of the Government of the State of San Andreas, on this date of 28 day of March in the year of 2015

    Anthony Guidone
    State Attorney General

Approved on this 28 day of March in the year of 2015

    Rakesh Namir
    Mayor of Los Santos and its associated, unincorporated counties
Retired Game Administrator
Retired Head of Government Management
-------------------------------------------------------------
Matthew Goodman, Lieutenant Governor Emeritus
Hon. Anthony Guidone, Attorney General Emeritus
Lieutenant II Mark Conti, Los Santos Police Department (RET.)

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