Title
Introduction of Incorporated County of Los Alamos Ordinance No. 02-352, An Ordinance Amending Chapter 12, Businesses; Article II, Registrations and Licenses; Sections 12-31, Definitions; 12-33, Business Registration or License Required; Repealing Section 12-34, Business Registration Fee; and Amending Sections 12-35, Business License Fees; 12-36, Separate Registration or License Required; 12-37, Fees; 12-38, Deficiency; Penalty; 12-39, Refusal or Revocation of License or Registration; 12-40, Fee Shall Constitute a Lien; 12-41, Lien Enforcement; 12-42, Payment of Proceeds of Sale; and 12-43, Records.
Recommended Action
I introduce, without prejudice, Incorporated County of Los Alamos Ordinance No. 02-352; An Ordinance Amending Chapter 12, Businesses; Article II, Registrations and Licenses; Sections 12-31, Definitions; 12-33, Business Registration or License Required; Repealing Section 12-34, Business Registration Fee; and Amending Sections 12-35, Business License Fees; 12-36, Separate Registration or License Required; 12-37, Fees; 12-38, Deficiency; Penalty; 12-39, Refusal or Revocation of License or Registration; 12-40, Fee Shall Constitute a Lien; 12-41, Lien Enforcement; 12-42, Payment of Proceeds of Sale; and 12-43, Records.
County Manager's Recommendation
The County Administrator recommends that Council adopt Incorporated County of Los Alamos Ordinance No. 02-352.
Body
The Community Development Department is proposing amendments to Chapter 12, Article II, of the Los Alamos County Code of Ordinances to streamline business licensing requirements, establish a more consistent fee structure, and improve the administration of business licenses within the County.
Under the existing Code, businesses are subject to either business registration or licensing requirements, with different annual fees established for various business classifications. The current fee structure includes a $35 annual business registration fee and business license fees ranging from $25 to $50, depending on the type of business. These distinctions create varying requirements for businesses and additional administrative responsibilities for County staff.
The proposed amendments consolidate the existing business registration and licensing processes into a single business licensing system. Businesses currently subject to registration requirements would instead obtain a business license, eliminating the distinction between registration and licensing while maintaining applicable requirements for conducting business within the County.
The proposed Ordinance establishes the following changes:
1. Standardized Business License Fees: Establish a uniform fee of $35 for initial business licenses and $25 for annual renewals completed on or before the license expiration date, replacing the existing fee schedule for various business classifications.
2. Elimination of Business Registration: Repeal Section 12-34 and remove references to business registration throughout Article II, consolidating the existing licensing and registration requirements into a single business licensing process.
3. Reduced Fees for Itinerant Vendors: Reduce the annual business license fee for itinerant peddlers, vendors, and hawkers from $50 to $10, while retaining applicable exemptions for qualifying special events.
4. Child Care Facility Fee Exemption: Exempt qualifying child care facilities from business license fees, consistent with New Mexico state law, including licensed child care centers, registered homes, licensed family child care homes, and licensed group child care homes, as defined in NMSA 1978, Section 9-29-2.
5. Administrative and Technical Revisions: Update terminology, clarify licensing requirements, incorporate the New Mexico Business Tax Identification Number (NMBTIN), and revise provisions related to license issuance, renewal, enforcement, and recordkeeping.
The amendments are intended to establish a more equitable and predictable fee structure, reduce administrative complexity, and provide greater consistency for businesses operating within Los Alamos County. The changes would also modernize Chapter 12 by removing outdated business classifications and consolidating licensing requirements under a uniform process.
The proposed Ordinance retains the requirement that businesses comply with applicable County codes and state and federal laws. Issuance of a business license does not independently authorize a business activity or use that is otherwise prohibited by applicable zoning or regulatory requirements.
The proposed Ordinance provides an effective date of 180 days following publication of the notice of adoption. This period will allow the Community Development Department to update internal procedures, licensing materials, and administrative systems and provide notice to affected businesses before implementation.
Staff recommends adoption of the proposed amendments to Chapter 12 to simplify business licensing, improve administrative efficiency, and establish consistent licensing requirements and fees.
Proposed Public Hearing scheduled for: December 8, 2026
Alternatives
Decline to adopt the Ordinance, retaining the existing business registration and licensing requirements and fee structure.
Attachments
A - Incorporated County of Los Alamos Ordinance No. 02-352