City of Firebaugh, CA
Fresno County
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Table of Contents
Table of Contents
[Editor's Note: Ordinance #90-5, portions of which are codified herein, establishes a new basis for charging business license taxes in the City of Firebaugh. A complete copy of this ordinance is on file in the office of the City Clerk.]
[Ord. #287, S1; Ord. #90-05, SS1, 2]
Whenever an ordinance now in force or hereafter enacted requires that a license be obtained for the conducting, carrying on, or managing of any business, occupation, activity, trade, calling or profession, and whenever an ordinance now in force or hereafter enacted requires that a license fee must be paid for a year during any part of which the licensee conducts the licensed activity or activities, such licensee shall pay a license fee measured by the gross receipts from business done in the City during the fiscal year as hereinafter described, according to the fee schedule set forth in the Master Fee Resolution.
Each fiscal year shall be divided into four quarters, commencing July 1, October 1, January 1, and April 1. If the licensed activity or activities are commenced on or after April 1 and before July 1, the prorated portion shall be 1/4 of the full annual license fee. If the activity or activities are commenced at any time on or after January 1 and before April 1, the prorated portion shall be 1/2 of the full annual license fee. If the activity or activities are commenced at any time on or after October 1 and before January 1, the prorated portion shall be 3/4 of the full annual license fee. If the activity or activities are commenced at any time on or after July 1 and before October 1, the licensee shall pay the full annual license fee.
[HISTORY: Business licenses were adopted by the City Council of the City of Firebaugh, California on March 12, 1929 as Ordinance #5. Amended in its entirety by Ordinance #62, adopted January 10, 1942; and again amended in its entirety by Ordinance #277, adopted on June 28, 1971. Amendments noted where applicable.]
[Ord. #227, S1; New; Ord. #90-5, S3]
As used in this section:
a. 
PERSON – shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common law trusts, societies, and individuals transacting and carrying on any business in the City, other than as an employee.
b. 
CITY – shall mean the City of Firebaugh, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or re-incorporated form.
c. 
SALE – shall mean and include the transfer, in any manner or by any means whatsoever, of title or use to property for a consideration; the serving, supplying, or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation law.
d. 
SWORN STATEMENT – shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.
e. 
COLLECTOR – shall mean the City manager or other City officer charged with the administration of this ordinance.
f. 
GROSS RECEIPTS – shall mean the total of amounts actually received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses, or other expense whatsoever. Excluded from "gross receipts" shall be the following:
1. 
Cash discounts allowed and taken on sales.
2. 
Any tax collected from the consumer or purchaser and which is separately stated at time of sale.
3. 
Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.
4. 
Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them.
5. 
Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded.
6. 
As to a retail gasoline dealer, a portion of his receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the State of California.
7. 
As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code if paid by the dealer or collected by him from the consumer or purchaser.
g. 
PROFESSIONAL - shall mean every person whose calling requires specialized knowledge, training or academic preparation, and certification or licensing, and shall include, but shall not be limited to, the following: accountant, actuary, analyst, archaeologist, attorney- at-law, audiologist, bacteriologist, certified shorthand reporter, chiropractor, consultant, counselor, dentist, dental hygienist, insurance adjuster, insurance broker, landscape architect, mortician, metallurgist, nurse, oculist, optometrist, osteopath, osteopathist, pharmacist, physical therapist, physician, podiatrist, psychologist, psychiatrist, real estate licensee, speech pathologist, surgeon, surveyor, veterinarian, x-ray technician, or other professions determined by the collector to be similar thereto.
h. 
"CONTRACTOR" shall mean contractor, subcontractor, specialty contractor and builder, and the phrase "sales and service" in connection with contractors shall include only receipts from jobs or projects located within the City.
i. 
BROKER in securities and commodities" shall mean any person operating independently as a broker dealing in stocks, bonds, notes, securities or other commodities, including farm or ranch products, but not real estate brokers.
j. 
MANAGER OF A PUBLIC MARKET shall mean any person conducting, carrying on or managing a public market with a minimum of five stalls, booths or spaces leased or rented to peddlers.
k. 
TRANSIENT PHOTOGRAPHER shall mean photographer who has no lease on a studio or place of business in the County of Fresno, and who takes photographs on a house-to-house basis, or in a studio or building, or in or upon any street, alley or other public place, whether unenclosed or upon a vacant lot or parcel of land within the City, regardless of whether the actual sale of photographs is made upon such premises or elsewhere, or whether sittings are taken.
l. 
MANAGER OF AN AUCTION SALE shall mean any person conducting, carrying on or managing the business of an auctioneer.
m. 
ITINERANT MERCHANT or "itinerant vendor of goods" shall mean a person, whether as principal or agent, who engages in a temporary or transient business in the City, selling goods, wares or merchandise, and who for such purpose leases or occupies a room, store building, structure or place in the City for the exhibition or sale of such goods, wares or merchandise.
n. 
DIRECTORY SALESMAN shall mean every person conducting, carrying on or managing the business of soliciting for or selling directories, such as a City or business directory.
o. 
MANAGER OF A PUBLIC ENTERTAINMENT shall mean any person conducting, carrying on or managing any theater, moving picture show, opera, concert, minstrel show, band concert, musical performance or exhibition.
p. 
CIRCUS MANAGER shall mean every person conducting, carrying on or managing a circus or other similar exhibition.
q. 
CIRCUS shall mean an exhibition or entertainment at which feats of horsemanship, acrobatic feats, or trained or wild animals are exhibited or displayed.
r. 
AGRICULTURAL FAIR shall mean a competitive exhibition of farm products with accompanying entertainment and amusements similar to those found at carnivals and other commercial booths and exhibits.
s. 
CARNIVAL MANAGER shall mean every person conducting, carrying on or managing a carnival.
t. 
CARNIVAL shall mean a group of two or more shows, entertainments, games, devices, amusements, vaudeville, dramatic or minstrel performance, or games, tricks, devices or wheels, the result of the operation of which is dependent upon a change or skill, and as a result of the operation of which things or representatives of value are given or paid, which are conducted in tents or temporary structures upon the public streets, parks or upon vacant lots.
u. 
EXHIBITOR OF FEATS OF CHANCE OR SKILL shall mean any person exhibiting or charging a compensation for the use of any microscope, telescope, lung or muscle tester, phonographic diversion, ball, knife or ring throwing, galvanic battery, or other feat, performance or diversion.
v. 
MANAGER OF A MERRY-GO-ROUND OR SIMILAR AMUSEMENT shall mean every person conducting, carrying on or managing a merry-go-round, flying horses, ferris wheel or other similar device, whether designed and operated solely for the amusement of children, or not.
w. 
PAWNBROKER shall mean any person conducting, carrying on or managing a pawnshop, or acting as a pawnbroker.
x. 
SUPPLIER OF FINANCING shall mean every person loaning money, advancing credit, or loaning credit, whether security of any kind is taken for such loan or advance or not, or purchasing or discounting of any obligation of money due or to become due, or any evidence of any obligation of money due or to become due, whether such obligation is secured or guaranteed, or not, other than any person conducting the business of a bank or savings and loan business or of a financial corporation exempt under the laws of California, and other than any holder of a pawnbroker's license.
y. 
MANAGER OF A SHOOTING GALLERY shall mean any person conducting, carrying on or managing a range equipped with targets for practice with firearms.
z. 
BILLBOARD ADVERTISER shall mean every person conducting, carrying on or managing the business of bill posting or sign advertising, by means of billboards or advertising signboards, fences, posts, buildings or other structures, or advertising by means of posting, hanging or otherwise affixing or displaying bills, signs or other advertisements in or upon buses but shall not mean persons advertising their own business, or to owners of real estate or their agents, advertising their property for sale or lease, when posted upon the property advertised for sale or lease.
aa. 
HANDBILL ADVERTISER shall mean any person conducting, carrying on or managing the business of advertising by means of distributing dodgers, handbills, circulars, printed advertisements, cards, tickets, or advertising samples of merchandise, not including, however, any merchant or employee of the merchant distributing advertisements which advertise his, her, or its own wares.
bb. 
GENERAL ADVERTISER shall mean every person conducting, carrying on or managing the business of writing, placing, designing or soliciting advertisements for others.
cc. 
HOUSE MOVER shall mean every person conducting, carrying on or managing the business of housemoving along or over the public streets of the City.
dd. 
MERCHANDISE PEDDLER shall mean every person conducting, carrying on or managing the business of traveling from place to place, and selling or offering for sale any food, goods, wares, merchandise or articles of personal property in his possession, if the offer for sale occurs in or upon any public street, alley or other public place, whether the actual sale of such commodities is made upon such premises or elsewhere.
ee. 
STOCK AND BOND PEDDLER shall mean every person conducting, carrying on or managing the business of peddling, soliciting, or taking orders for or selling stocks, bonds or securities, who does not maintain a fixed place of business in the City.
ff. 
SOLICITOR shall mean and include, but not be limited to, every person conducting, carrying on or managing the business of going from house to house, place to place, or in or along the streets, within the City, taking orders for or offering to take orders for goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future.
gg. 
BOOTBLACK shall mean every person conducting, carrying on or managing the business of shining boots or shoes.
hh. 
DANCE MANAGER shall mean every person conducting, carrying on or managing the business of giving dances, where a charge is made for admission, seats or the privilege of dancing.
ii. 
JUNK DEALER shall mean every person conducting, carrying on or managing the business of buying or collecting junk, furniture, bedding, carpets, clothing, books, rags, iron, copper, brass, papers or other secondhand goods.
jj. 
MANAGER OF A BOXING OR WRESTLING MATCH shall mean every person conducting, carrying on or managing a sparring exhibition or wrestling match.
kk. 
MUSEUM MANAGER shall mean every person conducting, carrying on or managing a museum where curiosities or objects of interest connected with science, art or literature are exhibited or displayed, and a fee is charged for admission.
ll. 
ITINERANT DEALER shall mean every person, whether as principal or agent, who engages in a temporary business in the City of buying, selling or otherwise dealing in goods, wares or merchandise, with the intention of continuing said business for a period of not more than 90 days, and who for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or other location for the purchase, exhibition or sale of such goods, wares or merchandise, even if the person so engaged associates temporarily with any local dealer, tradesman, merchant or auctioneer, or conducts such temporary business in connection with, or as a part of, or in the name of, any local dealer, tradesman, merchant or auctioneer.
mm. 
PERSON TRANSPORTING PASSENGERS FOR HIRE shall mean:
1. 
Every person conducting, carrying on or managing the business of the transportation of passengers from a point within the City to a point without the City, where a charge is made, or
2. 
Every person conducting, carrying on or managing the business of running or operating any automobile or motor-propelled vehicle for the transportation of passengers or freight for hire, over a defined route from a place or places of embarkation or loading within the City to a destination outside the City, and which does not discharge passengers or freight within the City, and whose vehicle does not do local business as a jitney bus.
nn. 
PAID PROMOTER shall mean every person, and each agent or representative of such person, conducting, carrying on or managing, for any compensation whatsoever, the business of selling tickets for, or promoting by advertising or otherwise, any charitable, political, social or benevolent activity within the City for which a paid admission is charged or collected.
oo. 
PERSON MAINTAINING REGULAR DELIVERY ROUTES shall mean every person who, without having a fixed place of business within the City, and not being herein otherwise licensed or classified, maintains a distribution system for the delivery of any goods, wares or merchandise (other than newspapers to the subscribers thereof), and who makes three or more deliveries a quarter in the City, but not including producers of foodstuffs who offer their own products.
pp. 
STOCK OR PRODUCE EXCHANGE shall mean a stock exchange or other company engaged in buying or selling any stocks, bonds, notes, securities or other commodities, including farm or ranch products.
qq. 
WATER SUPPLIER shall mean every person conducting, carrying on or managing the business of supplying the City or any of its inhabitants with water.
rr. 
COMMERCIAL PROMOTER shall mean every person or organization conducting, promoting or organizing a commercial trade show or similar exhibition.
[Ord. #277, S2]
This section is enacted solely to raise revenue for municipal purposes, and is not intended for regulation.
[Ord. #277, S3]
Persons required to pay a license tax for transacting and carrying on any business under this section shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the City, and shall remain subject to the regulatory provisions of other ordinances.
[Ord. #277, S4, Ord. #90-5, S4]
There is hereby imposed a business license tax payable to the collector by every person conducting, carrying on or managing for gain any business, occupation, activity, trade, calling or profession within the City of Firebaugh. It shall be unlawful for any person to transact and carry on any business, occupation, activity, trade, calling or profession in the City without first having procured a license from the City so to do and paying the tax hereinafter prescribed or without having complied with any and all applicable provisions of this section.
This section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or of the State of California. Persons not so required to obtain a license prior to doing business within the City nevertheless shall be liable for payment of the tax imposed by this section.
Every person conducting, carrying on or managing any business, occupation, activity, trade, calling or profession, not specifically licensed by other sections of this chapter, shall pay a license fee based on the applicable gross receipts schedule set forth in the Master Fee Resolution, whether retail, wholesale or both. License fees shall be based upon the total sales and service from business transactions within the City as recorded on the records of the business.
As used in this section the phrase 'business, occupation, activity, trade, calling or profession' shall include, but not be limited to, any person who is a professional, contractor, broker in securities and commodities, manager of a public market, transient photographer, manager of an auction sale, itinerant merchant, itinerant vendor of goods, directory salesman, manager of a public entertainment, circus manager, agricultural fair operator or manager, carnival manager, exhibitor of feats of chance or skill, manager of a merry-go-round or similar amusement, pawnbroker, supplier of financing, manager of a shooting gallery, billboard advertiser, handbill advertiser, general advertiser, house mover, merchandise peddler, stock and bond peddler, solicitor, bootblack, dance manager, junk dealer, manager of a boxing or wrestling match, museum manager, itinerant dealer, person transporting passengers for hire, paid promoter, person maintaining regular delivery routes, operator or manager of a stock or produce exchange, water supplier, or commercial promoter.
[Ord. #277, S5; Ord. #90-5, SS5, 6]
Any person conducting two or more businesses, occupations, activities, trades, callings or professions at the same location shall be required to procure but one license, provided that the highest license fee applicable to any of the included businesses shall be the fee applicable to the licensee. The license shall specify the several businesses, professions, or occupations for which the license is issued.
If any person conducts, carries on or manages two or more businesses, occupations, activities, trades, callings or professions at the same location and under the same management, the license fee to be paid as provided in subsection 4-2.29 shall be determined by and be based upon the gross receipts for sales and service received or derived from both or all such businesses, occupations, activities, trades, callings or professions so conducted, carried on, or managed.
If two or more businesses which would be subject to separate provisions of this chapter are conducted, carried on or managed at the same location, but under different management and control, the collector may elect to avoid a multiplicity of licensing of each and every individual business by entering into a written agreement with the owner of the property upon which such businesses are located, or with one or more of the persons operating any one or more of such businesses, whereby such owner or other person or persons shall be responsible for the collection and payment of the business license fees applicable to all such businesses, in an amount to be determined by the collector pursuant to this section and the Master Fee Resolution.
[Ord. #277, S6; Ord. #88-1, S1; Ord. #90-5, S7; Ord. #92-9, S1]
When any person shall by use of signs, circulars, cards, telephone books or newspapers, advertise, hold out, or represent that he, she, or it conducts, carries on, or manages any business, occupation, activity, trade, calling or profession in the City, or when any person holds an active license or permit issued by a governmental agency indicating that he, she, or it is so engaged in the City, and such person fails to deny by a sworn statement given to the collector that he, she, or it is not conducting, carrying on, or managing a business in the City, after being requested to do so by the collector, then that fact or those facts shall be considered prima facie evidence that he, she, or it is conducting, carrying on, or managing a business, occupation, activity, trade or profession in the City.
[Ord. #92-9, S1]
Any person traveling from place to place to sell or display merchandise, goods, or food, without having a permanent business address within the City limits, or otherwise do business from a temporary structure or movable vehicle, is hereby required to obtain an itinerant business license from the collector at the rate of $500 per vehicle per each quarter of the fiscal year; provided, however, that no such person without a permanent business address within the City limits shall travel from place to place to sell or display merchandise, goods, or food, or otherwise do business from a temporary structure or movable vehicle, without annually presenting to the collector proof that each such vehicle or temporary structure has obtained a health and sanitary inspection tag from the Fresno County Health Department within nine months prior to the itinerant business license renewal and has paid all health department license fees.
[Ord. #92-9, S2; Ord. #00-06, S1; Ord. #09-02, S1]
a. 
For purposes of this section, "itinerant restaurant" and "catering truck" shall refer to vehicles, trucks, temporary structures, and other movable objects from which food, refreshments, snacks, or meals, hot or cold, are sold for consumption by the buyer.
b. 
Itinerant restaurants and catering trucks operated within the City by persons having no permanent business address within the City limits shall be considered to be an itinerant business subject to the requirements of subsection 4-2.6.1 and the applicable provisions of this subsection 4-2.6.2.
c. 
Itinerant restaurants and catering trucks operated within the City by persons having a permanent business address within the City limits shall be considered to be an itinerant business subject to the requirements of subsection 4-2.6.1 of this code, except that the fee owing pursuant to that section shall be $100 per fiscal year, plus a business license based on gross receipts for their listed permanent business address, and provided further that such person shall operate such itinerant restaurant or catering truck pursuant to the requirements of paragraph d of this section.
d. 
Sales from itinerant restaurants and catering trucks operated within the City, whether operated by persons having a permanent business address within the City limits or by persons having no permanent business address within the City limits, shall not be made except upon public streets within the Central Trading (C-2) District, the General Commercial (C-3) District, and the Light (M-1) and General (M-2) Manufacturing Districts of the City.
e. 
Itinerant restaurants and catering trucks shall not remain in any one location longer than 60 consecutive minutes; provided such itinerant restaurants and catering trucks shall not remain on vacant or private lots within the City except where the owner thereof has filed with the City a written statement of consent. The provisions of this paragraph e shall not apply when the owner of the property is also the owner of the catering truck or itinerant restaurant.
f. 
Close of business for itinerant restaurants and catering trucks shall be midnight.
[Ord. #277, S7]
None of the license taxes provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitution of the United States and the State of California.
In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, he may apply to the collector for an adjustment of the tax. Such application may be made before, at, or within six months after payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show this method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden or violation. The collector shall then conduct an investigation, and, after having first obtained the written approval of the City attorney, shall fix as the license tax for the applicant, an amount that is reasonable and non-discriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this section. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City, or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of license tax therefor, provided that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this section.
[Ord. #277, S8]
Nothing in this section shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from payment of such taxes as are herein prescribed.
Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this section.
The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the City of the license tax required by this section.
The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.
[Ord. #277, S9]
Every person required to have a license under the provisions of this section shall make application as hereinafter prescribed for the same to the collector of the City, and upon the payment of the prescribed license tax the collector shall issue to such person a license which shall contain the following information:
a. 
The name of the person to whom the license is issued;
b. 
The business licensed;
c. 
The place where such business is to be transacted and carried on;
d. 
The date of the expiration of such license; and
e. 
Such other reasonable information as may be necessary for the enforcement of the provisions of this section.
[Ord. #277, S10]
A person presently holding a valid business license issued by the City for an existing business need not make an application for first license as hereafter provided in this section.
However, upon a person making application for the first license to be issued hereunder or for a newly established business, such person shall furnish to the collector a sworn statement, upon a form provided by the collector, setting forth the following information:
a. 
The exact nature or kind of business for which a license is requested;
b. 
The place where such business is to be carried on, and if the same is not being carried on at any permanent place of business, the places of residences of the owners of same;
c. 
In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning the business;
d. 
In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;
e. 
Any further reasonable information which the collector may require to enable him to issue the license.
[Ord. #277, S11]
In all cases, the collector may require the applicant for the renewal of a license to submit to the collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth the information required in subsection 4-2.10 a through d, or such information concerning the applicant's business during the preceding year as may be required by the collector to enable him to ascertain the amount of the license tax to be paid by the applicant pursuant to the provisions of this section.
[Ord. #277, S12]
No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his deputies, or authorized employees of the City, who are hereby authorized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due.
[Ord. #277, S13]
If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector he fails to file a corrected statement, or if any person subject to the tax imposed by this section fails to apply for a license, the collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain.
If the collector is not satisfied with the information supplied in statements or applications filed, he may determine the amount of any license tax due by means of any information he may be able to obtain.
If such determination is made, the collector shall given a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Firebaugh, California, postage prepaid, addressed to the person so assessed at his last known address. Such person, may, within 15 days after the mailing or serving of such notice, make application in writing to the collector for a hearing on the amount of the license tax. If such application is made, the collector shall cause the matter to be set for hearing within 15 days before the City Council. The collector shall give at least 10 days' notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The Council shall consider all evidence produced, and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment.
[Ord. #277, S14]
Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the Council by filing a notice of appeal with the Clerk of the Council. The Council shall thereupon fix a time and place for hearing such appeal. The Clerk of the Council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Firebaugh, California, postage prepaid, addressed to such person at his last known address. The Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this section.
[Ord. #277, S15]
In addition to all other power conferred upon him, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued, except that 10% simple interest may be added to any tax determined to be payable.
[Ord. #277, S17]
No license issued pursuant to this section shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee set by resolution of the City Council, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved; provided further that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this section. For the purpose of this section stockholders, bondholders, partnerships, or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity.
[Ord. #277, S17]
A duplicate license may be issued by the collector to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the collector a duplicate license fee of $5.
a. 
Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on.
b. 
Any licensee transacting and carrying on business but not operating at a fixed place of business in the City shall keep the license upon his person at all times while transacting and carrying on the business for which it is issued.
[Ord. #277, S18]
[Ord. #277, S19]
For failure to pay a license tax when due, the collector shall add a penalty of 10% of the license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shall in no event exceed 100% of the amount of the license tax due. No license shall be issued, nor one which has been suspended or revoked shall be reinstated or reissued, to any person, who at the time of applying therefor, is indebted to the City for any delinquent license taxes, unless such person, with the consent of the collector enters into a written agreement with the City, through the collector, to pay such delinquent taxes, plus 10% simple annual interest upon the unpaid balance, in monthly installments, or oftener, extending over a period of not to exceed one year.
In any agreement so entered into, such person shall acknowledge the obligation owed to the City and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable and that his current license shall be revocable by the collector upon 30 days' notice. In the event legal action is brought by the City to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the City or its assignee, including a reasonable attorney's fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided hereinabove, but no penalties shall accrue on account of taxes included in the agreement, after the execution of the agreement, and the payment of the first installment and during such time as such person shall not be in breach of the agreement.
[Ord. #277, S20; Ord. #90-5, S8]
The collector may make rules and regulations not inconsistent with the provisions of this section as may be necessary or desirable to aid in the enforcement of the provisions of this section.
[Ord. #277, S21; Ord. #90-5, S9]
a. 
It shall be the duty of the collector, and he is hereby directed to enforce each and all of the provisions of this section two of Chapter 4, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the collector or the City Council.
The collector in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this section have been complied with.
The collector and each and all of his assistants and any police officer shall have the power and authority (upon obtaining an inspection warrant therefor, if necessary, from the presiding judge of the justice or municipal court) to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license. Any person having such license theretofore issued, in his possession or under his control, who willfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this section. It shall be the duty of the collector and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of these provisions.
b. 
The revocation of a license for a business, trade, or profession issued illegally, erroneously, mistakenly, without authority, under mistake of fact, or in reliance on false information presented in an application therefor, or procured through fraud, deceit, bad faith, or misrepresentations of material fact, shall be by action of the City manager. Such action by the City manager shall be initiated by personal service on the licensee of a written revocation notice. The revocation notice shall set forth in ordinary and concise language the acts or omissions justifying the revocation, shall contain a statement that the revocation shall be effective 48 hours after the time of personal service on the licensee, and shall be signed by the City manager. The notice shall also include the following statement:
'Unless a written request for review, signed by or on behalf of the licensee named in this revocation notice, is delivered or mailed to the City manager within 48 hours after the notice was personally served on you, the license revocation shall be final for all purposes. The delivery or mailing of a written request for review shall not affect the revocation that becomes effective 48 hours after this revocation notice is served upon you. You may, but need not, be represented by counsel during the review, which shall be conducted by the City Council at a time, date and place established by the City Council, notice of which you will receive in the mail. The decision of the City Council shall be final for all purposes.
[Ord. #277, S22]
The amount of any license tax and penalty imposed by the provisions of this section shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent license tax and penalties.
[Ord. #277, S23]
All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
[Ord. #277, S24]
Neither the adoption of this section nor its superseding of any portion of any other ordinance of the City shall in any manner be construed to effect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited and all rights and obligations thereunto appertaining shall continue in full force and effect.
Where a license for revenue purposes has been issued to any person by the City and the tax paid for the business for which the license has been issued under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for that business by this section shall not be payable until the expiration of the term of such unexpired license.
[Ord. #277, S25]
Any person violating any of the provisions of this section or knowingly or intentionally misrepresenting to any officer or employee of this City any material fact in procuring the license or permit herein provided for shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be liable to the penalty stated in Chapter 1, section 1-5.
[Ord. #277, S26; Ord. #90-5, S10]
Every person not having a fixed place of business within the City, and not being herein otherwise licensed or classified, who delivers goods, wares or merchandise of any kind by vehicle or who provides any service by the use of vehicles in the City, shall pay a license tax based on the applicable gross receipts schedule set forth in the Master Fee Resolution, whether such deliveries of goods, wares or merchandise be sold (as defined) on a retail basis or a wholesale basis, or both.
[Ord. #277, S27]
Every person not having a fixed place of business within the City who engages in business within the City and is not subject to the provisions of subsection 4-2.26 shall pay a license tax at the same rate prescribed herein for persons engaged in the same type of business from, and having, a fixed place of business within the City.
[Ord. #277, S28; Ord. #90-5, S11]
Every person not herein classified or not herein required to be licensed who conducts, carries on, or manages any business, occupation, activity, trade, calling or profession in the City, or who holds an active license or permit issued by a governmental agency indicating that he, she, or it is so engaged in the City shall pay a license tax as provided in subsections 4-2.4 and 4-2.29.
[Ord. #277, S29; Ord. #90-5, S12]
Every person conducting, carrying on or managing for gain any business, occupation, activity, trade, calling or profession within the City of Firebaugh shall pay to the collector the business license tax that shall be established from time to time by resolution of the City Council in a Master Fee Resolution.
[Ord. #82-4, S2]
Every person carrying on the business of a video arcade shall have for each unit a separate license or permit and shall pay an annual per unit fee as established by Council resolution. A unit is one coin operated video game. Such fee is in addition to the basic business license fee applicable to the business of video arcade. Such unit fee is applicable to each unit whether in use for all or only a portion of the business license period. Units added during a business license period shall not be operated until such additional fee is paid.
[Ord. #90-5, S13]
For the purpose of this section, that portion of the receipts of a general contractor which represents payments to other state licensed contractors shall be excluded from his gross receipts for sales and service, provided that the other state licensed contractor has or is required to have a contractor's business tax certificate and that the contractor has furnished the collector with an acceptable listing of the names and addresses of the other contractor(s), the contractor number of each and the total amount(s) paid to each. An acceptable listing is defined as one which is typed and complete and which contains only exclusions allowed by this subsection.
The purpose of this section is to regulate public dances within the City limits.
[Ord. #92-3, S1]
Any person, persons or organizations of any kind whatsoever who desire to hold a public dance within the City must first obtain a license therefor from the City Clerk. "Person, persons or organizations" shall not include charitable, civic or religious organizations.
[Ord. #253, S3]
The license shall state on its face the location of the premises where the dance is to be held, the date or dates on which the dance is to be held, the hours during which the dance will be held, and the name and address of the person, persons, or organizations so licensed.
Before the license shall be issued the proposed licensee shall pay to the City of Firebaugh in cash, certified check, cashier's check, or money order, a certain sum of money that is declared by the chief of police to be that sum necessary for him to hire for the City of Firebaugh a peace officer duly deputized by the City of Firebaugh, who, in the reasonable discretion of the chief of police is qualified to attend the licensed premises during the hours of the dance and to keep the peace therein.
[Ord. #253, S5]
Any proposed licensee who owns or operates a bar or tavern business that is duly licensed by the Alcoholic Beverage Control Board of the State of California, and by the City of Firebaugh, and which business is open for regular business hours five or more days in each week, and who wishes to hold a dance therein, shall be exempted from that portion of subsection 4-3.4 that requires an advance deposit for the fee of the peace officer, but such licensee shall, however, pay for the services of the peace officer for the services required by subsection 4-3.4.
[Ord. #253, S6]
If the proposed licensee is that class of persons described in subsection 4-3.5 and proposes to hold the dance in the location described in subsection 4-3.5, then the proposed licensee shall pay a license fee in advance in cash certified check, cashier's check, or money order in an amount established by resolution of the City Council and this license shall be valid for one fiscal year of the City of Firebaugh. All other proposed licensees shall pay in advance in cash, cashier's check, certified check, or money order, in an amount established by resolution of the City Council for a license that shall be valid for only one occasion.
[Ord. #253, S7 and 8]
The violation of any provision of this section is declared to be a misdemeanor and upon conviction thereof shall be liable to the penalty in Chapter 1, section 1-5.
Any licensee arrested for a violation of this section shall immediately have his license temporarily suspended until the conclusion of the legal proceedings caused by the arrest. If the legal proceedings are terminated in favor of the licensee, then the license shall be immediately reinstated. However, upon a first conviction the licensee shall have his license suspended for six months. Upon a second conviction the license shall be permanently revoked.
[Ord. #82-4, S2]
The purpose and intent of this section is to set forth those certain businesses and commercial activities that, because of their very nature and to avoid potential problems, must be regulated for the general health, safety and welfare of the public.
[Ord. #82-4, S2]
As used in this section:
a. 
VIDEO ARCADE – shall mean any place open to the public where four or more coin operated electronic video games are kept or maintained and persons are permitted to use such games. 75% of the public area may be devoted to video games. 25% of the public area may be devoted to entertainment related activities.
b. 
COIN OPERATED VIDEO GAME – shall mean any electronic device the use or operation of which is controlled, permitted, or made available by placing therein any coin, plug, disc, key, or token, and which is intended for a user's amusement or skill.
c. 
AWARDING AUTHORITY– shall mean that person or body that has the authority to issue permits. Unless otherwise delegated the City Council of the City of Firebaugh shall be the awarding authority herein.
[Ord. #82-4, S2]
No business or activity specified in this section may be conducted or operated within the City without first securing and maintaining a permit for same as set forth herein.
This permit requirement is in addition to any business license that may be required and the issuance of such business license does not entitle the holder to conduct such business without a permit.
Said permits are non-transferable.
[Ord. #82-4, S2]
An application shall be made to the City with all fees setting forth all information required enabling the City staff to investigate and advise the awarding authority as to the suitability for issuance of a permit.
[Ord. #82-4, S2]
A fee for processing each permit shall accompany the application. Fees shall be established from time to time and shall be set by City Council resolution.
[Ord. #82-4, S2]
Upon completing its investigation and report the staff shall set the matter for a hearing before the awarding authority giving the applicant at least five days' notice thereof.
If the awarding authority is the City Council, said hearing must be at a regular meeting unless otherwise specially noticed and set. In all other cases the hearing may be held at a date, time and place as noticed, subject to approval or review by the City Council.
[Ord. #82-4, S2]
The awarding authority may grant, deny or conditionally grant a permit based upon findings as determined at said hearing and the standards set forth for each such permit, including but not limited to those standards set forth in subsection 4-4.11.
Reasonable conditions may be imposed upon the permittee in the use of said permit.
[Ord. #82-4, S2]
The issuance of a permit hereunder does not authorize or exempt the permittee from complying with all other provisions of this Code and other laws applicable.
[Ord. #82-4, S2]
a. 
Any permit may be revoked after due notice and hearing for violations of this Code, conditions imposed thereon or other applicable laws.
b. 
Permittee shall be given not less than five days' written notice of the intent to revoke and set a hearing before the awarding authority.
c. 
The hearing shall be conducted in public with all interested parties being heard and findings and decision of the awarding authority made. Ordinary rules of evidence and procedure shall not apply.
d. 
If the awarding authority is the City Council or they have heard the matter upon appeal or review, their decision shall be final subject only to judicial review within 90 days from the date thereof.
All other decisions are subject to appeal or review by the City Council within 15 days of it's making.
[Ord. #82-4, S2]
No coin operated video game shall be placed, operated or used within the City except in an amusement arcade having a valid permit.
[Ord. #83-4, S2]
a. 
Location. Any such video arcade shall be located in a manner consistent with applicable zoning requirements.
b. 
Parking. Any such video arcade shall have sufficient parking as determined by the zoning or fire code requirements, whichever is greater.
c. 
Lighting. Video arcades shall have sufficient lighting, inside and out, as determined by the chief of police.
d. 
Managers. Such video arcades shall have a manager, 21 years old or older, on duty on the premises during all hours of operation.
e. 
Hours of operation. Hours of operation shall be set by Council resolution.
f. 
Maintain premises. The permittee, his agents or employees shall maintain the video arcade premises in a neat and clean condition and not permit disorderly or intoxicated persons to enter or remain there during hours of operation.
g. 
Fees. Permittee shall pay all fees when due.
h. 
Alcohol. No alcoholic beverages shall be permitted on the arcade premises.
i. 
Access. The permittee, manager, and all employees shall be responsible for maintaining a clean and clear walkway in front of every video arcade.
j. 
Visibility. Adequate visibility of the entire arcade from the outside shall be provided; visibility shall in no way be obstructed.
[Ord. #82-4, S2]
Every video arcade permitted hereunder shall pay a business license tax including but not limited to the per unit fee set forth in this Code in subsection 4-2.30.
[Ord. #09-06, S1]
The City Council finds and determines that:
a. 
State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Penal Code 308).
b. 
State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Business & Professions Code 22956) and provides procedures for using persons under 18 years of age to conduct on-site compliance checks of tobacco retailers (Business & Professions Code 22952).
c. 
State law requires that tobacco retailers post a conspicuous notice at each point of sale, stating that selling tobacco products to anyone under 18 years of age is illegal (Business & Professions Code 22952, Penal Code 308).
d. 
State law prohibits the sale or display of cigarettes through a self-service display and prohibits public access to cigarettes without the assistance of a Clerk (Business & Professions Code 22962).
e. 
State law prohibits the sale of bidis (hand rolled filterless cigarettes imported primarily from India and Southeast Asian countries) except at those businesses that prohibit the presence of minors (Penal Code 308.1).
f. 
State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.6 of an ounce of tobacco (Penal Code 308.3).
g. 
State law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees (Education Code 48901(a)).
h. 
88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 14 1/2.
i. 
The City of Firebaugh has a substantial interest in promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and in protecting children from being lured into illegal activity through the misconduct of adults.
j. 
California courts in Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of local jurisdictions to regulate business activity in order to discourage violations of law.
k. 
State law authorizes local tobacco retailer licensing laws to provide for the suspension or revocation of the local tobacco retailer license for any violation of a State tobacco control law (Business & Professions Code 22971.3).
l. 
A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of Federal, State, and local tobacco-related laws.
[Ord. #09-06, S1]
The purpose of this section is to encourage responsible tobacco retailing and to discourage violations of all tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco product to minors, but not to expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the penalty provided for violations.
[Ord. #09-06, S1]
The following words and phrases, whenever used in this section, shall have the meanings defined in this subsection unless the context clearly requires otherwise:
a. 
ARM'S LENGTH TRANSACTION – shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this section is not an arm's length transaction.
b. 
CITY MANAGER – shall mean the City Manager of the City of Firebaugh or his or her designee.
c. 
DEPARTMENT – shall mean the Firebaugh Police Department.
d. 
DRUG PARAPHERNALIA – shall have the definition set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time.
e. 
PROPRIETOR – shall mean a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or shares ultimate control over the day-to-day operations of a business.
f. 
SELF-SERVICE DISPLAY – shall mean the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display.
g. 
TOBACCO PARAPHERNALIA – shall mean any item designed or marketed for the consumption, use, or preparation of tobacco products, including, but not limited to, cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
[Amended 5-20-2019 by Ord. No. 19-02]
h. 
TOBACCO PRODUCT – shall mean: 1) any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; 2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body; and 3) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah. "Tobacco product" does not include any product specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
[Amended 5-20-2019 by Ord. No. 19-02]
i. 
TOBACCO RETAILER – shall mean any person who sells, offers for sale, or exchanges or offers to exchange, for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernalia.
j. 
TOBACCO RETAILING – shall mean selling, offering for sale, exchanging, or offering to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.
[Ord. #09-06, S1]
a. 
It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license pursuant to this section for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license is a public nuisance.
b. 
A tobacco retailer or proprietor without a valid tobacco retailer license, including without limitation a person whose license has been revoked:
1. 
Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license and shall be subject to the penalties provided herein.
2. 
Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
c. 
Nothing in this section shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the right to act as a tobacco retailer at the location in the City identified on the face of the license.
[Ord. #09-06, S1]
a. 
In addition to any other penalty authorized by law, if the City manager or any court of competent jurisdiction determines after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for or be issued a tobacco retailing license for that location as follows:
1. 
After a first violation of this section at a location within any five-year period, no new license may be issued for the person at the location until 30 days have passed from the date of the violation.
2. 
After a second violation of this section at a location within any five-year period, no new license may be issued for the person at the location until 90 days have passed from the date of the violation.
3. 
After a third or subsequent violation of this section at a location within any five-year period, no new license may be issued for the person at the location until five years have passed from the date of the violation.
b. 
The notice and hearing procedures applicable to establishing an ineligibility period for a person engaging in tobacco retailing without a license shall be the same procedures set forth in subsection 4-5.16.
[Ord. #09-06, S1]
No license will be issued to authorize tobacco retailing at other than a fixed location. No license will be issued for itinerant tobacco retailing or tobacco retailing from vehicles.
[Ord. #09-06, S1]
a. 
All applications for a license shall be submitted to the City manager in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. All applications shall be submitted on a form supplied by the City manager and shall contain the following information:
1. 
The name, address, and telephone number of each proprietor;
2. 
The business name, address, and telephone number of the fixed location for which a license is sought;
3. 
Whether or not any proprietor has previously been issued a license pursuant to this section that is, or was at any time, revoked and, if so, the date of revocation; and
4. 
A statement signed by each proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought.
5. 
Such other information as the department deems necessary for the administration or enforcement of this section.
b. 
All information required to be submitted in order to apply for a tobacco retailer's license shall be updated with the department whenever the information changes. A tobacco retailer shall provide the City manager in writing with any updates within 10 business days of a change.
c. 
Applications submitted pursuant to this section shall be deemed public records.
[Ord. #09-06, S1]
a. 
Upon the receipt of an application for a license and the applicable license fee, the City manager shall issue a license unless:
1. 
The application is incomplete or inaccurate;
2. 
The application seeks authorization for tobacco retailing at an address that appears on a license that has been revoked, or is subject to revocation proceedings for violation of any of the provisions of this section; provided, however, this subparagraph shall not constitute a basis for denial of a license if either or both of the following apply:
(a) 
The applicant provides the City manager with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction;
(b) 
It has been more than five years since the most recent license for that location was revoked;
3. 
The application seeks authorization for tobacco retailing that is unlawful or unauthorized pursuant to this Code, including applicable zoning regulations, or that is unlawful or unauthorized pursuant to any other local, State, or Federal law; or
4. 
The City has information that the applicant or his or her agents or employees have violated any local, State, or Federal tobacco control law at the location for which the license or renewal of the license is sought within the preceding thirty-day period.
b. 
A license shall be valid for one year and must be renewed not later than 30 days prior to the expiration of the license, but no earlier than 60 days prior to the expiration of the license. Unless revoked on an earlier date, all licenses shall expire one year after the date of issuance. A license may be renewed for additional periods of one year by submitting an application to the department and payment of the applicable license fee; provided, however, a license that has been revoked, or is subject to revocation proceedings, shall not be renewed. The application and license fee shall be submitted at least 30 days, but not more than 60 days, prior to the expiration of the current valid license. The applicant shall follow all of the procedures and provide all of the information required by subsection 4-5.7.
c. 
Where the City manager does not approve a license or renewal of a license, the City manager shall notify the applicant of the specific grounds for the denial in writing. The notice of denial shall be served personally or by mail not later than five working days after the date of the denial. If by mail, the notice shall be placed in a sealed envelope, with postage paid, and shall be addressed to the applicant at the address as it appears on the application. The giving of notice shall be deemed complete at the time of deposit of the notice in the mail or at the time of personal service. Personal service to a corporation may be made by delivery of the notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.
[Ord. #09-06, S1]
Each license shall be prominently displayed in a publicly visible location at the licensed premises.
[Ord. #09-06, S1]
The fee to issue or to renew a tobacco retailer's license shall be established by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the total program. All fees shall be used to fund the program. Fees are nonrefundable except as may be required by law.
[Ord. #09-06, S1]
a. 
A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed, the proprietor must:
1. 
Submit the license fee plus a reinstatement fee of 10% of the license fee; and
2. 
Submit a signed affidavit affirming that the proprietor:
(a) 
Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or
(b) 
Following the proprietor's last act of tobacco retailing, has waited the appropriate ineligibility period established for tobacco retailing without a license before seeking renewal of the license.
[Ord. #09-06, S1]
a. 
A tobacco retailer's license may not be transferred from one person to another or from one location to another. Any attempt to do so shall constitute a violation of this section. Whenever a tobacco retailing location has a change in proprietors, a new tobacco retailer's license is required.
b. 
Notwithstanding any other provision of this section, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
1. 
The location has been fully transferred to a new proprietor; and
2. 
The new Proprietor provides the City manager with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm's length transaction.
[Ord. #09-06, S1]
a. 
No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the tobacco product or tobacco paraphernalia.
b. 
No person who is younger than the minimum age established by State law for the purchase or possession of tobacco products shall engage in tobacco retailing.
c. 
No tobacco retailer shall display tobacco products or tobacco paraphernalia by means of a self-service display or engage in tobacco retailing by means of a self-service display.
d. 
It shall be a violation of a tobacco retailer's license for a licensee or his or her agent or employee to violate any provision of this section or any other local, State, or Federal tobacco-related law.
[Ord. #09-06, S1]
a. 
Compliance with this section shall be monitored by the police department. Any peace officer may enforce the provisions of this section.
b. 
Each tobacco retailer may be monitored for compliance.
c. 
Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
d. 
The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when the youth decoy is participating in a compliance check which is supervised by a peace officer of the City or participating in a compliance check funded directly or indirectly by any State or local agency, organization, or department.
[Ord. #09-06, S1]
a. 
In addition to any other penalty provided by law, a tobacco retailer's license shall be revoked if the City manager finds, or any court of competent jurisdiction determines, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, have violated any of the requirements, conditions, or prohibitions of this section or in a different legal proceeding has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of this section.
b. 
The City manager may allow a tobacco retailer alleged to have violated this section to stipulate to the penalties provided in this subsection in lieu of the penalties that would otherwise apply under this section and to forego a hearing on the allegations. Stipulations shall not be confidential and shall contain the following terms plus any other noncriminal provisions established by the City manager in the interests of justice:
1. 
After a first alleged violation of this section at a location:
(a) 
An agreement to stop acting as a tobacco retailer for one day;
(b) 
An administrative penalty of $500; and
(c) 
An admission that the violation occurred and a stipulation that the violation will be considered in determining the penalty for any future violation.
2. 
After a second alleged violation of this section at a location within any sixty-month period:
(a) 
An agreement to stop acting as a tobacco retailer for 10 days;
(b) 
An administrative penalty of at least $1,000; and
(c) 
An admission that the violation occurred and a stipulation that the violation will be considered in determining the penalty for any future violations.
[Ord. #09-06, S1]
a. 
After revocation for a first violation of this section at a location within any five-year period, no new license may be issued for the location until 10 days have passed from the date of revocation.
b. 
After revocation for a second violation of this section at a location within any five-year period, no new license may be issued for the location until 30 days have passed from the date of revocation. If the violation occurs within 12 months of the first violation, the tobacco retailer shall be subject to an administrative fine of $250.
c. 
After revocation for a third violation of this section at a location within any five-year period, no new license may be issued for the location until 90 days have passed from the date of revocation. If the violation occurs within 12 months of the second violation, the tobacco retailer shall be subject to an administrative fine of $500.
d. 
After revocation for four or more violations of this section at a location within any five-year period, no new license may be issued for the location until five years have passed from the date of revocation. In addition, the tobacco retailer shall be subject to an administrative fine of $1,000.
[Ord. #09-06, S1]
A tobacco retailer's license shall be revoked if the City manager finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license existed at the time application was made, or at any time before the license was issued. The revocation shall be without prejudice to the filing of a new application for a license.
[Ord. #09-06, S1]
a. 
Notice of Denial or Violation. A notice of denial or a notice of violation and of intent to revoke a license or impose a fine shall be personally served on or sent by certified mail to the person or persons subject to the revocation or fine. The address supplied pursuant to a tobacco retailer license application shall be deemed an appropriate address to provide such notice to any proprietor listed on the application. The notice shall state the basis of the City manager's determinations and include an advisement of the right to request a hearing to contest the revocation or the fine. Any request for a hearing must be in writing and must be received by the City manager within 10 calendar days of personal service of the notice on the person or persons subject to a revocation or a fine or within 15 calendar days if the person or persons subject to a revocation or a fine are served by mail.
b. 
License Revocation and Imposition of Fine. If no request for a hearing is timely received, the City manager's denial of the application for license or determination on the violation and the imposition of a revocation or a fine shall be final. Revocation shall be effective as of the date specified in the notice, and payment of any fine shall be made within 30 calendar days of written demand made in the manner specified above for a notice of violation. If the fine is not paid within that time, the fine may be collected along with interest at the legal rate in any manner provided by law. In the event that a judicial action is necessary to compel payment of the fine and accumulated interest, the person or persons subject to the fine shall also be liable for the costs of the suit and attorneys' fees incurred by the City in collecting the fine.
c. 
Notice of Hearing. If a hearing is requested pursuant to paragraph a of this subsection, the City manager shall provide written notice within 45 calendar days of its receipt of the hearing request to the person or persons subject to a revocation or a fine of the date, time, and place of the hearing in the manner specified above for a notice of violation. The hearing officer shall be the City manager or his/her designee.
d. 
Hearing Decision. The hearing officer shall render a written decision and findings within 20 working days of the hearing. Copies of the decision and findings shall be provided to the person or persons subject to a revocation or a fine in the manner specified above for a notice of violation.
e. 
Finality of the Hearing Officer's Decision. The decision of the hearing officer shall be the final decision of the City.
f. 
Appeal to Superior Court of Limited Jurisdiction. Within 20 days after personal service of the hearing officer's decision and findings or within 25 days if served by mail, any person subject to a revocation or a fine may seek review of the hearing officer's decision and findings by the superior court of limited jurisdiction. A copy of the notice of appeal to the superior court shall be timely served in person or by first class mail upon the City manager by the contestant. The appeal shall be heard de novo except that the contents of the City's file in the case shall be received in evidence. A copy of the City's records of the notices of the violation and of the hearing officer's decision and findings shall be admitted into evidence as prima facie evidence of the facts stated therein.
[Ord. #09-06, S1]
It shall be a violation of this section for any licensee or any of the licensee's agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia, as defined in section 11364.5 of the Health and Safety Code, such as, for example, California Health and Safety Code section 11364.7, except that a violation of Federal law relating to the use of medical marijuana shall not be a violation of this section if the conduct at issue is authorized pursuant to California Health and Safety Code sections 11362.7 et seq.
[Ord. #09-06, S1]
a. 
The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity including the provisions of Municipal Code Chapter 4.
b. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall constitute a violation.
c. 
Any person violating this section is subject to the payment of civil penalties of up to $1,000 for each violation. Any continuing violation shall constitute a separate offense for each day of the violation.
d. 
Violations of this section are hereby declared to be public nuisances.
e. 
Violations of this section are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.
f. 
In addition to other remedies provided by this section or by other law, any violation of this section may be remedied by a civil action brought by the City including administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
g. 
Whenever evidence of a violation of this section is obtained in any part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this section and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
[Ord. #09-06, S1]
If any subsection, subdivision, paragraph, sentence, clause or phrase hereinafter part of this section or its application to any person or circumstance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining subsections, subdivisions, paragraphs, sentences, clauses, or phrases parts of this section or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each part hereof irrespective of the fact that anyone or more other parts hereof be declared invalid or unenforceable.