This title is enacted for the purpose of either or both: (1)
providing revenue for the city; and (2) regulation; provided, however,
that only the revenue, and none of the regulatory or criminal provisions
of this chapter, shall apply to any business exclusively regulated
by the state or other governmental agency.
(Ord. 685-91 § 3; Ord. 998-07 § 2; Ord. 1107-15 § 1)
It is unlawful for any person to engage in business in the city
without first having procured a license from the city.
(Ord. 685-91 § 3)
For each business operating from a fixed location, a separate
license shall be obtained for each separate branch or establishment
operating as a separate business entity. Each license shall authorize
the licensee to engage only in the manner designated on the license.
(Ord. 685-91 § 3)
A.
Prohibited
Businesses. No license shall be issued for any business operation
specifically prohibited pursuant to Title 9 or any other provision
of this code.
B.
Special
Commercial Operations. No license shall be issued for any business
requiring a special use permit to be issued pursuant to Title 17 of
this code unless the special use permit shall have first been approved.
(Ord. 685-91 § 3)
No license issued under the provisions of this title shall be
construed as authorizing the conduct of or continuance of any illegal
or unlawful business, or any violation of any provision of this code
or other city ordinance, rule or regulation.
(Ord. 685-91 § 3)
The finance director shall deny an application for a license
for the calendar year in which the application is made, after consultation
with the city manager when feasible, if the director finds any of
the following:
A.
That
the person or business representative making the application or related
property is in violation of a section of the city code relating to
the operation of the business which violation has not been cured after
notice of the same;
B.
That
the person or business making the application is currently operating
a business within the city which is not permitted by a license or
permit;
C.
That
the person or business making the application has made false, misleading
or incomplete statements in the application;
D.
That
the person or business making the application has committed any act
involving dishonesty, fraud or deceit; or
(Ord. 685-91 § 3; Ord. 998-07 § 3)
The provisions of this title shall not be deemed or construed
to require a license or the payment of a license fee for businesses
of the following nature:
A.
Civic
or Charitable. The conducting, managing or carrying on of any business,
occupation or activity by any institution or organization which is
conducted, managed or carried on solely for the benefit of civic or
charitable purposes and from which no profit is derived, either directly
or indirectly, by any person;
B.
Minors.
The conducting of a business, otherwise permitted by city ordinance,
by youth, under the age of eighteen years, living in the city. The
exemption may be authorized by the city manager upon receipt of proof
of such status;
C.
Auctioneers
and Auction Companies. The arranging, managing, sponsoring, advertising,
accounting for the proceeds of, or carrying out any auction sale of
goods, wares, merchandise, or any real or personal property by any
person, firm or corporation regulated by Title 2.95 of the California
Code of Civil Procedure. No provision of this title, however, prohibits
the city from imposing a business license fee requirement on auctioneers
and auction companies whose permanent place of business is located
within the city;
D.
Secondhand
Goods. When any person is engaged in any business licensed under the
provisions of this title and as an incident to this business accepts
secondhand goods as part payment on any new merchandise, to the extent
permitted by state law such person shall not be required to obtain
a license as a secondhand dealer, for the doing of such acts shall
not be considered as dealing in secondhand merchandise;
E.
City-Approved
Vendors at Community Events. The conducting, managing or carrying
on of any business, occupation or activity by any approved participant
in a community event. An "approved participant" means a participant
who has been solicited to participate in the community event by the
city, who has completed a community event vendor/service provider
application with the appropriate city department, and such application
has been approved by the appropriate city department. "Community event"
means a city-hosted recreation or community service event held at
a city facility, park or on other public property. Examples of these
events include, but are not limited to, the Easter Egg Hunt, City
Parade, Memorial Day Ceremony, Health Safety and Pet Fair, Halloween
Haunt, Angel Tree, etc.;
F.
Statement
of Exemption. Every person claiming to be entitled to an exemption
from payment of any license fee exempt under any other provision of
state law not enumerated above, shall file a verified statement with
the city manager disclosing the character of such business entitling
such exemption. In case of dispute, the city attorney will render
an opinion which shall be final.
(Ord. 685-91 § 3; Ord. 812-96 § 11; Ord. 936-04 § 2; Ord. 1107-15 § 2)
No license issued under any provision of this chapter shall
in any manner be transferred or assigned, nor shall it authorize any
person other than the licensee therein named to engage in business.
(Ord. 685-91 § 3)
A.
Fixed
Place of Business. Every person having a license under the provisions
of this title and having a fixed place of business in the city, shall
keep such certificate posted and exhibited while in force in some
conspicuous part of the place of business available to the public.
B.
No Fixed
Place of Business. Every person having a license under the provisions
of this title and not having a fixed place of business in the city
shall carry such license with him or her at all times when engaged
in the business for which the license is granted.
(Ord. 685-91 § 3)
A.
Delivery
Companies. Any person having a license under the provisions of this
title for the operation of wheeled vehicles for a trucking, service
or delivery business shall not be required to exhibit the city's vehicle
sticker on vehicles operating within the city; provided, however,
that each and every vehicle operating in the city under the license
shall bear the name of the person or business in an exterior location
plainly visible to the public.
B.
Other
Wheeled Vehicles.
1.
Every person operating a wheeled vehicle for which a license is required under this title, except as provided for in subsection A of this section, shall procure in addition to the license, a vehicle sticker for each vehicle to operate within the city. The vehicle sticker shall contain the license plate number of the vehicle to which it is assigned and a permit number to be assigned by the city.
2.
The
vehicle sticker shall be attached in a conspicuous location on the
vehicle to which it is assigned in such manner that the sticker shall
be plainly visible at all times.
3.
Vehicle
stickers shall not remain on a vehicle after the expiration date of
the sticker.
4.
It
is unlawful for any person, other than the licensee, authorized agent,
or an officer of the city to take or remove any vehicle sticker required
pursuant to this section from a vehicle to which it has been attached.
(Ord. 685-91 § 3)
Every person having a license under the provisions of this chapter
shall present the license whenever requested to do so by any business
license official, community safety officer or other official of the
city authorized by this title.
(Ord. 685-91 § 3)
Any permit or license issued pursuant to this title may be revoked
or suspended by the finance director if the director finds and determines
that any of the following have occurred:
A.
The
licensee is conducting a business not permitted by the license or
permit;
B.
The
licensee is engaged in an activity prohibited by state or federal
law when said acts are related to the qualifications, functions or
duties of the business for which the permit or license is made;
C.
The
licensee is conducting his or her business in a manner that threatens
the general welfare or the health and public safety of the community;
D.
The
licensee is conducting his or her business in a manner that does not
comply with any ordinance, resolution or regulation of the city when
said acts are related to the qualifications, functions or duties of
the business for which the permit or license is made; or
E.
For
any reason for which the license or permit application could have
been denied.
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The director may revoke or suspend a license or permit only after the grounds of the complaint have been presented to the licensee, the licensee has been provided an opportunity to present his or her position before the director and, if feasible, the director has consulted with the city manager. The applicant has the right to appeal the decision of the director pursuant to Section 5.05.140.
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(Ord. 685-91 § 3; Ord. 998-07 § 4)
Any licensee or permittee who has had his or her business license or permit denied, revoked or suspended by the finance director pursuant to Section 5.05.070 or 5.05.130 of this chapter shall be provided an opportunity to appeal the denial, revocation or suspension to the city manager. An appeal shall be processed as follows:
A.
Filing
an Appeal. A licensee or permittee desiring to appeal the determination
of the finance director shall file a request for an appeal with the
city clerk no later than fifteen days following the determination
of the director, and shall pay a filing fee in the amount that the
city council may establish from time to time by resolution.
The written request shall contain: (1) the name and address
of the applicant; (2) the date of the decision in question; (3) the
reasons for the hearing; and (4) the grounds relied upon for relief.
B.
Upon
receiving an appeal, the city manager will review the request and,
within ten days of receiving the appeal, provide the appellant with
a written notification that:
C.
The
city manager may, but is not required to, conduct a hearing at a time,
place, and manner determined in the city manager's sole discretion.
Should such a hearing be held, the city manager may issue a decision
orally at the conclusion of the hearing, but also notify the applicant
and the finance director in writing of the city manager's decision.
D.
The
city manager's decision is a final determination. There is no right
of city council appeal.
(Ord. 685-91 § 3; Ord. 998-07 § 5; Ord. 1107-15 § 3)
In the event that a license or permit is revoked or suspended
pursuant to this chapter, the holder of the certificate or permit
shall forthwith surrender the certificate or permit to the city. No
refund shall be provided for any fee or portion thereof paid for the
license or permit.
(Ord. 685-91 § 3)
The surrender of a license or permit pursuant to this chapter
shall not constitute a waiver of the requirements of the licensee
to pay all penalties due pursuant to this chapter.
(Ord. 685-91 § 3)
