[§ 1, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966]
For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
(a) AMUSEMENT MACHINE – Shall mean and include all machines in
which there shall be inserted money for the operation or use of such
machine for pleasure or amusement.
(b) BUSINESS – Shall mean and include professions, trades, and
occupations and each and every kind of calling, whether or not carried
on for profit.
(c) ENTERTAINMENT – Shall mean and include performances, games,
or events of every kind and description, whether live or mechanical,
which are used for the pleasure or amusement of customers, except
radios, television receivers, juke boxes, and similar devices.
(d) OUTSIDE SERVICE – Shall mean and include service which is either
rendered or received on public property, provides merchandise likely
to be consumed on other than the vendor's or vendee's private property,
or uses public property at any time to consummate the transaction.
(e) 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.
(f) RENTAL UNIT – Shall mean and include a room, apartment, house,
cottage, or other housing or rooming facility.
(g) VENDING OR SERVICE MACHINE – Shall mean and include all machines
in which there shall be inserted money for merchandise or services.
[§ 2, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
Pursuant to the City's authority under
Government Code § 37101,
the provisions of this chapter are enacted for both regulatory and
revenue purposes. Where any provision makes reference to a business
license tax or tax certificate, such provisions are enacted solely
to raise revenue for municipal purposes and are not intended for regulation.
[§ 5, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996; Ord. No. 1203-21, eff. January 6, 2022]
No person shall commence or carry on, either directly or indirectly,
any business, profession, occupation or calling for which a business
license and/or tax certificate is required by this chapter, without
first having obtained and maintained in good standing such business
license and/or tax certificate. Each day that a business, profession,
trade or calling is commenced or carried on without such license or
tax certificate shall constitute a separate violation of this Code.
The use of signs, circulars, cars, telephone books, newspapers and
other forms of advertisement to hold out, or represent that a person
is conducting business in the City, or when any person holds an active
license or permit by a governmental agency indicating that a person
is conducting business in the City shall constitute prima facie evidence
that such person is conducting business in the City. This section
shall not apply to family day care facilities, as that term is defined
by
Health and Safety Code section 1596.78 and as may be amended from
time to time.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Licenses and certificates issued under the provisions of this
chapter shall not be construed as authorizing anyone to conduct any
illegal or unlawful activity or business.
[§ 6, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; and § 1, Ord. 549, eff. January 1, 1972]
A separate license shall be obtained for each branch establishment
or location of the business transacted and carried on and for each
separate type of business at the same location. Each such license
shall authorize the licensee to transact and carry on only the business
licensed thereby at the location or in the manner designated in such
license; provided, however, warehouses and distributing plants used
in connection with, and incidental to, a business licensed pursuant
to the provisions of this chapter shall not be deemed to be separate
places of business or branch establishments, and a vending machine
located in a licensed establishment shall not be deemed to be a separate
place of business if the owner of the machine is licensed; provided
further, however, where a license is issued authorizing a person to
transact and carry on a business at a particular place, such licenses
may, upon application therefor and the payment of a fee in the amount
of $6.25, have the license amended to authorize the transacting and
carrying on of such business under such license at some other location
to which the business has been or is to be moved.
[§ 13, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; and § 2, Ord. 549, eff. January 1, 1972; § 9, Ord.
931-96, eff. September 19, 1996]
A duplicate license or tax certificate may be issued by the
Finance Director to replace any license or certificate previously
issued which has been lost or destroyed upon the licensee filing a
statement attesting to such fact and on payment of a duplicate license
fee in an amount set by resolution of the City Council.
[§ 14, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966]
All licenses shall be kept and posted in the following manner:
(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 such business.
[§ 18, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
It shall be the duty of the Finance Director or his authorized
representative to enforce each of the provisions of this chapter,
including the collection of business taxes, penalties and interest.
The Director of Finance shall be responsible for the issuance of all
licenses and certificates provided for in this chapter, and for the
proper processing of all applications and registrants. The Director
of Finance may make rules and regulations consistent with the provisions
of this chapter as he deems necessary or desirable to aid in its administration
and enforcement.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Whenever the words "Director of Finance" appear in this chapter
they shall mean and include any Deputy Director of Finance and any
other person authorized or appointed by the Finance Director to act
in his place and stead in the performance of any duty imposed by this
chapter. For the purpose of enforcing this chapter, the Director of
Finance, with the approval of the City Manager, may deputize qualified
accountants to examine the books and records of any person doing business
or reasonably thought to be doing business within the City. Any member
of the law enforcement agency of the City of Avalon shall also have
all of the powers conferred on the Director of Finance for the purposes
of enforcing the provisions of this chapter. The failure of any person
to cooperate or to promptly disclose such information, or to exhibit
to and allow examination by the Director of Finance, any deputized
accountant or the City Attorney, at reasonable times and places, of
such books and records as are required and reasonably necessary to
ascertain compliance with this chapter shall constitute a violation
of this Code, punishable as a misdemeanor.
[§ 10, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
In addition to other powers conferred herein, the Finance Director
shall have the power to:
(a) Extend the time of filing any application, statement or registration
not to exceed 30 days for good cause shown;
(b) Waive any penalty that would otherwise accrue; and, with the approval
of the City Attorney, to compromise any claim for permit fee, taxes
or penalties under the provisions of this chapter;
(c) Pursuant to
Penal Code § 11105, access and utilize State
summary criminal history information when needed to assist him in
fulfilling licensing duties as specified herein.
[§ 8, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
Except as otherwise required in §§
3-1.120 and
3-1.121, applications for a business license required by this chapter shall be signed and verified by the applicant and shall set forth the following:
(a) The name, address, telephone and facsimile number, if any, of the
applicant.
(b) The name and address, telephone and facsimile number, if any, of
the applicant's employer, if applicable. If the application is filed
on behalf of a partnership, corporation or association, the applicant
shall provide the names and addresses of the partners or principal
officers and designate the name, address, telephone and facsimile
number, if any, of the person authorized to accept service of process
for the entity.
(c) The nature of the business for which a license is requested.
(d) The place(s) where the business is to be conducted.
(e) A brief description of the nature and amount of equipment to be used
in the business.
(f) Personal identification information for the applicant, including,
but not limited to, date of birth, social security number, a copy
of a driver's license or identification card.
[§ 9, Ord. 931-96, eff. September 19, 1996; § 1, Ord. 1000-01, eff. November 15, 2001]
The fee for filing, processing of business license applications,
issuance of business licenses, issuance of business license renewals,
conducting on-site inspections of business premises and collecting
taxes associated with such applications shall be set by resolution
of the City Council. The fee shall be payable in advance and shall
be in addition to any tax imposed by this chapter.
[§ 9, Ord. 931-96, eff. September 19, 1996]
The Director of Finance shall have the power and authority to
hear and conduct proceedings for the granting and issuance of all
licenses required by this chapter, and to revoke or suspend any licenses
issued, subject to the limitations contained herein. The decision
of the Director of Finance shall be final unless a timely appeal is
taken to the City Council. The Director of Finance shall be governed
by the following procedures:
(a) License Application and Hearing. The Director of Finance shall formulate
all necessary rules and regulations governing the license application
and investigation thereof. The Director of Finance shall require reports
from the City's law enforcement agency and other City departments
and officials concerning the effect of granting the license on the
public health, safety and welfare. Any applicant shall be entitled
to a hearing before the Director of Finance and to reasonable notice
of the time and place of any hearing, and may be represented by counsel
and present all pertinent and relevant information pertaining to the
application and to be heard and to call witnesses on his behalf. The
hearing may be continued from time to time as determined necessary
by the Director of Finance or upon request of the applicant upon good
cause being shown. The Director of Finance shall be required to conduct
a hearing only when he makes an initial determination to deny the
application.
(b) Issuance of Permits. The Director of Finance shall have the power to grant licenses required by this chapter only when all necessary clearances have been obtained from law enforcement and other involved City departments and officials, and where he has received no evidence indicating that the public health, safety or welfare or the purposes of this chapter will be injured by the granting of such license. In the event any of the foregoing exist, the Director of Finance shall hold a hearing as provided in subsection
(a) above, before taking action on the application.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Except as otherwise provided in this chapter, the Director of
Finance, after investigation of the veracity of the information contained
on the application and the proposed business, may grant or deny the
license. The Director of Finance may deny the license when he determines
that the conduct of the business will be contrary to the preservation
of the public peace, health, safety or welfare of the City or its
residents and visitors. No license shall be granted if:
(a) The granting of the license would result in the establishment of
the use or occupancy of land in violation of the City's Zoning and
Planning laws or any other provision of this Code.
(b) The granting of the license would result in the creation or maintenance
of a public nuisance.
(c) The applicant has knowingly made a false statement on a material
matter in the application or in testimony at any hearing on the application,
and it is therefore in the public interest that the license not be
granted.
In granting any license, the Director of Finance may, in the
application of the standards stated herein and in order to protect
the public health, safety and welfare, impose reasonable conditions
pertaining to the conduct of the business licensed, in addition to,
but not limited by, the regulations contained in this chapter.
|
[§ 9, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
In all cases where the Director of Finance denies the license application, he shall notify the applicant within 10 days, in writing, either personally or by mail, of the denial and the reasons therefor. The applicant may appeal such denial to the City Council provided such appeal is served on the City, personally or by mail, within 15 days of the date of the written notice of denial and payment of an appeal fee in an amount to be set by resolution of the City Council. The City Council shall follow the procedures set forth in §
3-1.116 in conducting a hearing on the appeal.
[§ 9, Ord. 931-96, eff. September 19, 1996; amended 11-28-2023 by Ord. No. 1215-23, eff. December 28, 2023]
Any license issued under this Chapter may be revoked or suspended
where:
(a) The licensee has violated any provision of the Avalon Municipal Code,
state or federal laws or regulations;
(b) Where a license has been granted on false or fraudulent evidence,
testimony or application; or
(c) Where the licensee has violated the terms and conditions of the license,
including but not limited to the timely payment of business license
taxes required by this chapter.
All matters pertaining to revocation or suspension shall be
referred by the Director of Finance to the City Council, with a written
statement of the reasons for the proposed revocation or suspension.
The City Council shall give reasonable notice to the licensee to appear
before the City Council at a time and place set for the hearing, to
show cause why the license shall not be revoked or suspended. The
notice shall state the grounds for the complaint or reasons for the
proposed revocation or suspension in clear and concise language. The
notice shall be served upon the licensee personally or by mail not
less than 10 and not more than 20 days prior to the hearing date.
At the hearing, the licensee shall be given the opportunity to appear
personally or through counsel, to be heard, to defend the charges
and to call witnesses. Upon good cause shown, the licensee shall be
entitled to a continuance until the next meeting of the City Council.
After conducting such hearing, the City Council may revoke, suspend
for a stated time period, or reinstate any license upon such terms
and conditions as in the exercise of sound discretion is determined
to be appropriate. The decision of the City Council shall be final
and conclusive.
|
[§ 9, Ord. 931-96, eff. September 19, 1996]
A license may be suspended prior to a hearing thereon where
the Director of Finance receives a written, detailed recommendation
from the City's law enforcement agency or it appears to the City Council
that the preservation of the public health, safety, welfare or peace
warrant immediate suspension.
Within 24 hours of such suspension, the Director of Finance
shall serve the licensee personally or by express mail or facsimile
written notice of the reasons for the suspension and of the time and
place of a hearing to show cause. A hearing on revocation or continued
suspension shall be held not later than 15 days following the service
of such notice.
[§ 9, Ord. 931-96, eff. September 19, 1996]
No person whose license has been revoked or suspended shall
engage in or carry on the business during the period of suspension
or after revocation until a new license shall have been granted. Violations
of this provision shall be punishable as a misdemeanor.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Any notice required to be given under this chapter may be given
either personally to the licensee or to any employee at the place
of business if the licensee is absent from the place of business,
or by depositing the notice with the United States Postal Service
in a sealed envelope, postage prepaid, addressed to the person listed
in the application. Service shall be deemed to be completed at the
time of deposit. Proof of giving service may be made by affidavit
of any officer or employee of the City or law enforcement personnel,
showing service in conformity with this chapter.
[§ 11, Ord. 399, as amended by Ord. 486, eff.
March 26, 1966; § 3, Ord. 549, eff. January 1, 1972; § 9, Ord. 931-96, eff. September 19, 1996]
No license issued under this chapter shall be transferable except on completion of a license application by the transferee and the consent of the Director of Finance. The denial of a transfer shall be appealable to the City Council using the procedures set forth in §
3-1.115.
[§ 9, Ord. 931-96, eff. September 19, 1996]
It is the intention of the City Council to provide a special licensing procedure for those businesses enumerated in §
3-1.122. The omission to enumerate other businesses and activities covered in other sections of this Code that require licenses, permits or franchises, shall not be deemed or construed to relieve such businesses or activities from the procedures and requirements governed by other sections of this chapter, this Code or State law.
[§ 9, Ord. 931-96, eff. September 19, 1996; § 1, Ord. 1134-14, eff. December 4, 2014]
It shall be unlawful to conduct the following businesses without
each person proposing to engage in such activities having a special
license to conduct same issued pursuant to the provisions of this
section:
Carnivals, circuses, public exhibitions, or other similar businesses.
(a) Filing of Application. Every person and all employees desiring to
conduct or engage in these activities shall file an application and
the applicable fee with the Director of Finance at least 60 days prior
to conducting such business upon a form provided by the Director of
Finance, specifying:
(1)
The name, address, telephone and facsimile number, if any, of
the applicant;
(2)
The address of the proposed location for the conduct of the
business;
(3)
A statement of convictions for violations of law by any owner,
operator or employee, excluding minor traffic violations;
(4)
Two copies of an identifying photograph of any owner, operator
and employee of the proposed business, taken within two years of the
application for submission to the City's law enforcement agency;
(5)
Submission to fingerprinting by the City's law enforcement agency
of any owner, operator and employee of the proposed business;
(6)
The full address and approximate dates when the applicant, owner,
operator and employees of the proposed business practiced a similar
business, either alone or in conjunction with others;
(7)
Such other and further information as the Director of Finance
may find necessary to process the application.
(b) Investigation. The Director of Finance shall make or cause to be made an investigation in order to verify the facts contained in the application or supporting data. The results of the investigation and the application form shall be submitted to the City Council, which shall conduct a hearing on the application in accordance with the procedures set forth in §
3-1.116.
(c) Issuance or Denial of License. Within 30 days of the conclusion of
the hearing, the City Council shall approve issuance of the license,
conditioned upon the posting by the applicant with the Director of
Finance of a surety bond in the principal sum of $100,000 issued by
a surety authorized to do surety business in California and approved
by the City Attorney, to insure good faith and fair dealing on the
part of the applicant and as a guarantee of indemnity for any and
all loss, damage, or injury suffered by any patron of the applicant
during the term of the special license, if it finds:
(1)
The information contained in the application is accurate and
complete;
(2)
No owner, operator or employee has been convicted by a final
judgment in a Court of competent jurisdiction of an offense involving
moral turpitude. The City Council may disregard conviction information
if it determines, in its discretion, that mitigating circumstances
exist based upon consideration of the following factors:
a.
The nature of the business for which the license is issued,
and whether such business or similar business is related to the conviction;
b.
The nature and seriousness of the offense;
c.
The circumstances surrounding the offense;
d.
The length of time elapsed since the offense and conviction;
e.
The age of the person at the time of the conviction;
f.
The presence or absence of rehabilitation or efforts at rehabilitation.
(3)
No information has been adduced at the hearing which would require
the City Council to deny the permit based on considerations of the
public health, safety and welfare.
In granting any license, the City Council may, in the application
of the standards stated herein and in order to protect the public
health, safety and welfare, impose reasonable conditions pertaining
to the conduct of the business licensed, in addition to, but not limited
by, the regulations contained in this chapter.
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[§ 9, Ord. 931-96, eff. September 19, 1996]
Licenses issued pursuant to this chapter shall be renewed annually
on or before January 1 of each year. The purpose of the annual renewal
is to determine compliance with the provisions of this Code and any
terms or conditions of a license issued under this article. The Director
of Finance may, in the sound exercise of discretion, renew licenses
without conducting an investigation upon the applicant's verification
of the continuing validity of all information submitted for initial
issuance of the license, without payment of additional processing
fees.