A. 
The ordinance codified in this chapter is enacted for the purpose of providing a registry of businesses in the incorporated area.
B. 
This chapter is also intended to protect the interests of legitimate businesses in the city from unfair competition with businesses operating in violation of federal, state and local laws.
C. 
This chapter is not intended to impose any form of taxation on the business community nor to collect in fees more money than is necessary to recover the administrative costs of processing an application for the issuance or renewal of a business certificate.
(Ord. 91-33 § 1 (1.01))
For the purposes of this chapter, the following words and phrases shall have the following meanings:
"Business"
means professions, trades and occupations and all and every kind of calling whether or not carried on for a profit.
"Civic groups, service clubs and social organizations"
means a group, club or organization that is not engaged in any profession, trade, calling or occupation but is organized to provide civic, service or social activities in the city.
"Occasional"
means less than once each quarter of a year.
"Peddler"
means and includes any person, whether principal or agent, whether a resident of the city or not, who goes from house to house or to only one house, or upon any street, sidewalk, alley, or in any park or public place in the city, conveying goods, wares, merchandise, magazines, periodicals or other publications, regularly published newspapers excepted, or any coupon certificate, ticket or card which is redeemable in goods, wares, merchandise or services, or offering the same for sale, or making sales and delivering articles to purchasers. It shall not include vendors of milk, bakery products, produce, groceries, ice cream or ice and water who distribute their products to regular customers on established routes.
"Person"
means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnership of every kind, clubs, business trust or common law trusts, societies, and individuals transacting and carrying on any business in the city.
"Profession"
means the practice of doctors, dentists, attorneys, accountants, real estate agents, beauticians, barbers or any other occupation or calling requiring a specialized knowledge and a certificate to practice.
"Sale"
means the transfer, in any manner or by any means whatsoever, of title to property for consideration; the service, supplying or furnishing for consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains title as security for the payment of the price shall likewise be deemed a sale. The foregoing definition shall not be deemed to exclude any transaction which is, or which in effect, results in a sale within the contemplation of law.
"Solicitor"
means and includes any person, whether principal or agent, whether a resident of the city or not, who goes from house to house or only one house, or upon any street, sidewalk, alley, or in any park or public place in the city, soliciting or taking orders for sales of goods, wares, merchandise, magazines, periodicals or other publications, regularly published newspapers excepted, or personal property of any nature whatsoever, or any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise or services, for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale, a sample of the subject of such order, or whether he or she is collecting advance payments on such orders, or who solicits, takes or attempts to take public opinion polls, consumer surveys, or by such contracts attempts to secure similar information. Such definition shall include any person who uses any building, motor vehicle or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery, or one who, as an invitee of a purchaser or prospective purchaser, or otherwise, solicits a sale, or exhibits any sample, or gives a demonstration, or makes a delivery within this city after a purchaser or prospective purchaser has been solicited or contacted by telephone, correspondence or other method of communication from within the city. Such definition shall also include the term "canvasser."
"Transient merchant"
means and includes any person, whether a resident of the city or not, who engages in a temporary business of selling and delivering foods, wares and merchandise, within the city, and who, in furtherance of such purpose, leases, uses or occupies any building, motor vehicle, public room in a hotel or shop or other place within this city for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, merchant or auctioneer.
(Ord. 91-33 § 1 (1.02))
A. 
It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation within the city unless such person first procures a certificate from the city to do so, and complies with any and all applicable provisions of this chapter.
B. 
A separate certificate must be obtained for each branch establishment or location of the business transacted and carried on and for each separate business carried on at the same location.
Each certificate shall authorize the holder to transact and carry on only the business certified at a given location. Any changes in the type or character of the business will require the certificate holder to submit an application for a new certificate.
C. 
This chapter shall not require that churches, civic groups, service clubs or social organizations, including churches that do not operate at a fixed location, casual workers such as baby-sitters, tutors, piano teachers or the like, be required to obtain a certificate. Nothing in this chapter 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, from the payment of fees to municipal corporation. Nor will a certificate be required of any such business.
(Ord. 91-33 § 1 (1.03—1.05))
At the time of application for a business certificate, the city shall require the applicant to pay a fee for the processing of such certificate. No portion of this fee shall include the cost of any inspections, investigations or other functions required prior to the original enactment of the ordinance codified in this chapter. All moneys collected under this chapter will be deposited in the general fund of the city. No greater or less amount of money shall be charged or received for any certificate than is provided by in this chapter, and no certificate shall be sold or issued for any period of time other than what is provided in this chapter. Rebates will not be given for any unused portion of the certificated term.
1. 
New Certificate Application Fee. A person apply for a certificate for a new business, whether the business is new to the city, or an existing business which has changed location, ownership or type of business, shall be required to pay a fee which is intended to recover the cost of processing the application.
2. 
Renewal of Certificate. A person who is apply for the renewal of an existing certificate, and the business has not changed in ownership, location or type of business, shall be required to pay a fee which is intended to recover the cost of processing the application.
3. 
Fee Exemption. There will be a fee exemption for branch offices operating from a primary business located within the city. However, branch offices operating from a primary business which is located outside of the city will be required to pay the certificate fee for the first branch office, all others will be exempted.
(Ord. 91-33 § 1)
The general classification includes any category, not specifically described by another classification, and includes, by way of example, the following:
1. 
Bootblack or shoe shining parlor or stand;
2. 
Cigars and tobacco stands or shops;
3. 
Messenger or fax service;
4. 
Popcorn and nut store or shop;
5. 
Awning and tent store;
6. 
Bath and bathhouse;
7. 
Books and stationery store;
8. 
Carpentry shop, where woodworking or repairing is done;
9. 
Delicatessen;
10. 
Electrical fixtures and supplies; where contracting also is done, a separate certificate fee for such contracting shall also be paid;
11. 
Employment agency or bureau;
12. 
Escrow business;
13. 
Florist shop or store;
14. 
Gift, art or curio shop or store;
15. 
Harness, saddlery or tack shop;
16. 
Hat shop or store;
17. 
Hat blocking and cleaning;
18. 
Hem stitching and pleating;
19. 
Jewelry store or shop, including jewelry, watch or clock repair;
20. 
Luggage shop, including trunks and other equipment;
21. 
Millinery store;
22. 
Nursery or gardening, selling nursery stock or conducting a gardening business; where contracting also is done, a separate certificate fee for such contracting shall also be paid;
23. 
Paint and oil dealer;
24. 
Planing or molding mill;
25. 
Seed store;
26. 
Stable;
27. 
Tailor shop;
28. 
Upholstery;
29. 
Warehouse, including moving and storage;
30. 
Cobbler;
31. 
Advertising, posting, affixing, stenciling or painting advertising bills or signs upon any post, fence, billboard, advertising signboard, building or other structure, as well as operating or maintaining any billboard, signboard, advertising structure or sign device; distributing posters, circulars, handbills, brochures or other printed advertising matter; solicitation of advertising for any publication, poster, circular, handbill, brochures or other printed matter; the advertisement of a business certificated under any other classification shall not require an addition certificate fee if such advertising pertains to the particular business certificated;
32. 
Air conditioning and refrigeration sales and service; when contracting also is done, a separate certificate for such contracting shall also be paid;
33. 
Aircraft sales, maintenance, repair, storage or rental; aircraft accessories; flying instructions or carrying passengers for hire in aircraft;
34. 
Blacksmith shop or forge and horse shoeing;
35. 
Blueprint or map making;
36. 
Candy store, where candy is manufactured and/or sold;
37. 
Clothing and furnishings;
38. 
Dry goods store;
39. 
Heating sales and service; where contracting also is done, a separate fee for such contracting shall also be paid;
40. 
Household appliances and furnishings;
41. 
Ice cream or ice milk dealer or manufacturer;
42. 
Job printing office or plant;
43. 
Machine shop for manufacture of machines, machinery or parts;
44. 
Neon signs; manufacturing, selling, dealing or servicing of neon or other tubular electrical signs; when contracting also is done, a separate certificate fee for such contracting shall also be paid;
45. 
Plumbing fixtures and supplies; when contracting also is done, a separate certificate fee for such contracting shall also be paid;
46. 
Radio and/or television store, where radios or televisions or parts are sold or serviced;
47. 
Sheet metal works; when construction also is done, a separate certificate fee for such contracting shall also be paid;
48. 
Shoe store;
49. 
Sporting goods shop;
50. 
Collection agency or credit bureau;
51. 
Creamery;
52. 
Drugstore;
53. 
Newspaper, magazines and other publications;
54. 
Office supplies and equipment; selling or servicing office supplies, machines or equipment;
55. 
Dancehall (public); a place where dancing is conducted, whether for profit or not for profit and to which the public is admitted, either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. In addition to a business certificate, every public dancehall or ballroom shall be required to have a special permit issued by the city manager;
56. 
Dancing school;
57. 
Golf driving range or archery range;
58. 
Riding academy or school;
59. 
Skating rink;
60. 
Swimming pool;
61. 
Theaters or show, including motion pictures or vaudeville theater at an established place of business wholly within a permanent building constructed for theatrical purposes;
62. 
Art gallery;
63. 
Astrologer, including every person who carries on, practices or professes to practice the business or art of astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, handwriting analysis, chirography, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, necromancy, numerology or similar business, trade or calling, and who shall not be prohibited from doing or conducting any of these practices, professions, businesses or callings by any statute of this state, ordinance of this city or by any other law, and who demands or receives a fee or compensation for the exercise or exhibition thereof, except that the provisions of this regulation shall not apply to those persons providing bona fide and incidental entertainment and amusement for the guests and patrons of and on the premises of any business duly certificated by the city for which no separate or additional charge or consideration shall be paid by the guests or patrons or received or accepted by the person who performs or practices astrology;
64. 
Auction; for the business of selling lands, tenements, hereditament, goods, wares, merchandise or real or personal property of any kind or description at auction or public outcry, except no certificate shall be required for the selling at public sale of goods or property belonging to the United States or to the state or federal court, or by the legally appointed administrator, executor or guardian of an estate. Additionally, a special permit shall be obtained from the city manager;
65. 
Automobile and other motorized equipment sales and rentals, including automobile accessories, motorcycles, motorscooters, garages or service stations for automobiles and related vehicles; parking lots or storage yards for automobiles and other vehicles; and taxis. The owner and operator of any taxi shall first file an application with the city's law enforcement agency, together with fingerprints and photographs, and the city's law enforcement agency shall make an investigation of said applicant and operator, and shall file a certificate with the business certificate officer if the investigation shows that the record of the applicant and operator will not prejudice the public, peace, safety, morals or welfare; automobile top or upholstering shop; automobile wash rack or automobile wash place; and automobile wrecking yard;
66. 
Bakery or baked goods shop;
67. 
Bankrupt, assigned or damaged goods, for selling or offering for sale bankrupt, assigned or damaged stock of goods, wares or merchandise of whatever nature or kind. Additionally, a special permit must be obtained from the city manager;
68. 
Barbershop;
69. 
Beauty shop, with or without sale of toilet articles or cosmetics;
70. 
Beer tavern;
71. 
Bicycle or motor-driven cycles, or accessories;
72. 
Bottled water delivery;
73. 
Brick yard, where brick is manufactured or from which brick is sold;
74. 
Building supplies;
75. 
Building cleaners, for cleaning rooms or furnishings;
76. 
Carpet and rug cleaners, for cleaning carpets or rugs or related materials or surfaces;
77. 
Private clubs, such as tennis clubs, golf clubs, country clubs, where recreational sport or other facilities are provided for members and others;
78. 
Dairy, including wholesale and retail product and sale of milk and dairy products;
79. 
Department store;
80. 
Eating places, catering services, restaurants, lunch counters and snack bars;
81. 
Dime stores, or other retail stores operating under similar format;
82. 
Furniture stores selling or dealing in new or secondhand furniture or both;
83. 
Gasoline delivery tanks, including the business or carrying on or managing the business or buying, selling or dealing in petroleum products at wholesale;
84. 
Grocery stores and markets where meat, fish, poultry, egg and butter products, and household goods and related products are sold;
85. 
Hardware store;
86. 
Manufacturing of retail or wholesale products;
87. 
Ice; manufacturing, distributing or vending ice;
88. 
Investments and loan business;
89. 
Laundry, and other businesses for cleaning or pressing clothing and other materials;
90. 
Liquor store;
91. 
Locksmith, including conducting, carrying on or engaging in key or lock repair business or shop; providing that there first shall be procured from the city's law enforcement agency and filed with the business certificate officer a certificate that the applicant has been investigated and it has been determined that the issuance of such certificate will not prejudice the public peace, safety, morals or welfare;
92. 
Lumber business or lumberyard, either wholesale or retail;
93. 
Music dealer, including the sale or rental of music and musical instruments;
94. 
Nursery school for the care of children;
95. 
Packing house;
96. 
Transient merchant;
97. 
Peddler;
98. 
Camera shop, photography business; film processing and photography accessories;
99. 
Prefabricated buildings, including the sale of such buildings; where contracting also is done, a separate certificate fee for such contracting shall also be paid;
100. 
Rock, sand and gravel; sales or delivery, including acceptance of orders for the sale of rock, sand or gravel which is removed from the premises by the purchaser;
101. 
Secondhand dealer involved in the sale or trade of secondhand goods, wares or merchandise;
102. 
Solicitor;
103. 
Telegraph company for intrastate business;
104. 
Towel distributor, including distribution of towels, linens or napkins to businesses, houses or offices, either by local or out-of-town operators;
105. 
Commercial traveler;
106. 
Record, tape and phonograph stores, including businesses engaged in the selling, renting or otherwise dealing in recorded music, music machines or musical equipment;
107. 
Wood yards, including businesses selling and/or delivering firewood;
108. 
Home occupancy.
(Ord. 91-33 § 1 (2.01); Ord. 97-06 § 4)
A. 
The skilled and professional classification includes professional businesses and establishments offering skilled services, and includes, by way of example, the following:
1. 
Accountants;
2. 
Attorneys at law;
3. 
Engineers or surveyors;
4. 
Laboratories, chemical or other type;
5. 
Veterinarians;
6. 
Architects or designers, engaged in the business of preparing plans and specifications for buildings, structures or other projects;
7. 
Doctors, dentists, chiropractors and other health care providers; and
8. 
Undertakers and mortuaries.
(Ord. 91-33 § 1 (2.02))
A. 
The contractors classification includes:
1. 
General engineering contractors;
2. 
General building contractors;
3. 
Boiler, hot water heating, steam fitting;
4. 
Cabinet and mill work;
5. 
Cement and concrete;
6. 
Electrical (general);
7. 
Electric signs;
8. 
Elevator installation;
9. 
Excavating, grading, trenching, paving and surfacing, fire protection engineering;
10. 
Flooring (wood);
11. 
Glazing;
12. 
House and building moving;
13. 
Insulation;
14. 
Landscaping, lathing;
15. 
Masonry, ornamental metals;
16. 
Painting and decorating;
17. 
Plastering;
18. 
Plumbing;
19. 
Refrigeration;
20. 
Roofing;
21. 
Sewer, sewage disposal, drains and cement pipe laying;
22. 
Sheet metal;
23. 
Steel (reinforcing);
24. 
Steel (structural);
25. 
Structural pest control;
26. 
Tile (ceramic or mosaic);
27. 
Warm air heating;
28. 
Ventilating;
29. 
Air conditioning;
30. 
Welding;
31. 
Well drilling;
32. 
Classified specialists; and
33. 
Other businesses such as refuse collection, ambulance services and cable television companies.
(Ord. 91-33 § 1 (2.03))
The brokers classification includes persons engaged in the occupation of broker and/or engaged in or carrying on the business of lending or selling on commission, or making loans for others on commissions, collecting rents as agents for other than those carrying on the business of banking, and includes, by way of example, the following:
A. 
Stock or bond broker;
B. 
Real estate broker or agent;
C. 
Insurance broker (but not an insurance agent).
(Ord. 91-33 § 1 (2.04))
The rentals classification includes any person engaged in the business of operating a hotel, motel, apartment complex, rooming house, mobilehome park, trailer park, or campgrounds, or any other similar type of lease or rental living facility with a total of three or more units or spaces.
(Ord. 91-33 § 1 (2.05))
The vending machines classification includes the business of renting, leasing or operating coin-operated vending machines, and includes, by way of example, the following:
A. 
Cigarette or tobacco machines;
B. 
Food or beverage machines;
C. 
Postage stamp machines;
D. 
Game machines;
E. 
Recycling machines.
(Ord. 91-33 § 1 (2.06))
The miscellaneous classification includes such businesses operating exclusively with a vehicle for advertising, delivering or selling goods, wares, merchandise or services, and such other designated businesses, and includes, by way of example, the following:
A. 
Dances;
B. 
Carnival, circus or rodeo;
C. 
Swap meets;
D. 
Arcades;
E. 
Games;
F. 
Merry-go-rounds;
G. 
Shooting galleries;
H. 
Medicine shows;
I. 
Pawnshops;
J. 
Wrecking yards or junkyards;
K. 
Bowling alleys;
L. 
Billiards halls or poolhalls;
M. 
Secretarial;
N. 
Bookkeepers;
O. 
Entertainers;
P. 
Transportation;
Q. 
House cleaning;
R. 
Breeders;
S. 
Pet care;
T. 
Mobile car wash;
U. 
Mobile car detailing.
(Ord. 91-33 § 1 (2.07); Ord. 93-04 § 8)
A. 
Charitable Organizations. Charitable organizations meeting any of the conditions listed below shall be exempt from the payment of the certificate fee but are still required to obtain a business registration certificate. The payment of the certificate fee will not be required:
1. 
To conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or occupation; or
2. 
For the occasion conducting of any entertainment, concern, exhibition or lecture on scientific, historical, literary, religious or moral subject within the city, whenever the receipts of any such event are to be appropriated to any church or school or to any religious or benevolent purpose by a tax-exempt nonprofit organization; or
3. 
For the conducting of any occasional entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, education, federal, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose in which the organization or association, was formed, and from which a profit is not derived, either directly or indirectly by an individual, firm, or corporation.
However, nothing in this section shall be deemed to exempt any person, association or organization, institution, firm or corporation from complying with the provisions of this regulation or any ordinance of the city requiring that a certificate, certificate or permit be obtained to conduct, manage or carry on any profession, trade, calling or occupation.
B. 
Claim for Exemption. Any person claiming an exemption pursuant to this section shall file a verified statement, from the franchise tax board, stating the facts upon which the exemption is claimed.
C. 
Certificate. The city shall, upon a proper showing contained in the verified statement, issue a certificate to such person claiming a fee exemption without requiring the payment of a fee.
(Ord. 91-33 § 1 (1.06))
A. 
None of the fees authorized by this chapter shall be so applied as to occasion an undue burden upon interstate commerce.
B. 
In any case where a fee authorized by this chapter and imposed by city council resolution is believed by a certificate holder or applicant for a certificate, to place an undue burden upon interstate commerce, the applicant may apply to the city council for an adjustment of the fee. Such application may be made before, at, or within six months after payment of the prescribed fee. The decision of the city council shall be final.
(Ord. 91-33 § 1 (1.18))
A. 
Every person, association, organization, institution, firm or corporation required to have a certificate under the provisions of this chapter shall make application to the city on a form provided by the city. Completed applications and fees shall be mailed to the Business License Services Office and the minimum information required on the application form shall include, but not be limited to, the following:
1. 
The name of the person to whom the certificate is to be issued;
2. 
The name of the business;
3. 
The specific type of business to be conducted;
4. 
The mailing address of the business;
5. 
The place where the business is to be transacted and carried on;
6. 
Written verification from the planning department that the proposed use is permitted;
7. 
The name, telephone number and address of the person to notify in the event of an emergency;
8. 
Whether hazardous materials or chemicals will be stored at the business location to the extent permitted within the Hazardous Materials Ordinance; and
9. 
The State Board of Equalization Resale Certificate number if a resale certificate is required by the State Board of Equalization and reporting district number;
10. 
Complete the recycling and solid waste diversion forms attached to the business registration application as described in Section 5.04.210A.2;
11. 
Evidence that any and all state, federal or county permits or certificates required to conduct the applicable business or profession have been lawfully acquired. No application shall be deemed final until adequate evidence of such permits or certificate has been shown. Applicants shall provide certificate numbers as evidence. Except in cases where a city business license is required prior to issuance of another agency's approval whether a permit, license or similar; at the sole discretion of the director of finance or their designee.
B. 
Subject to the Public Records Act requirements, the information requested by subdivisions 7, 9 and 10 of subsection A of this section shall be considered confidential and will not be made available to the public.
(Ord. 91-33 § 1 (1.07); Ord. 93-04 § 7; Ord. 2025-12, 8/12/2025)
A. 
A certificate will not be issued until an application for a certificate has been completed and filed with the city, all certificate fees are paid, and all city officers or departments required to investigate the application have approved such issuance. However, the city shall make every attempt practicable to complete any review or investigation within ten working days of receipt of the application. If a certificate is not issued within ten working days of the receipt of the application, the applicant shall be informed to the reason or reasons why the certificate has not yet been issued or will not be issued.
B. 
The issuance of a certificate shall not be deemed as evidence that a person, organization, institution, firm or corporation operating a business in the city is in fact in compliance with all ordinance rules or regulations of the city or that the person has applied for or has been issued all permits or certificates which otherwise may be required.
(Ord. 91-33 § 1 (1.08))
A. 
Certificates for New Businesses. Certificates for new businesses, whether new to the city or resulting from a change of ownership, location or type of business, shall be issued for a maximum term of twelve months or until a renewal of the certificate is required in accordance with subsection B of this section.
B. 
Renewal of Existing Certificate. All certificates which are renewed shall be valid for a twelvemonth term unless otherwise revoked. Certificates shall be required to be renewed. When the certificate is scheduled for renewal less than sixty days after its date of issuance, the renewal fee shall be waived and any further review or investigation may be waived, if there has been no major change in the operation of the business and the application has been completed and filed with the city on a timely basis. Certificate renewal date will be February 1st.
(Ord. 91-33 § 1 (1.09))
A duplicate certificate may be issued by the city to replace any certificate previously issued under this regulation which has been lost or destroyed, upon the certificate holder filing an affidavit attesting to such fact, and at the time of filing such affidavit, paying a duplicate certificate fee equal to the fee established for a certificate renewal.
(Ord. 91-33 § 1 (1.11))
All applications for a certificate shall be reviewed or investigated and certified in accordance with the following guidelines:
A. 
Applications for New Certificates. Each application for a new certificate shall be investigated for certification as noted below. The city shall make every attempt practicable to complete all required investigations within ten working days of the receipt of an application.
1. 
The department of planning services shall review and certify that:
a. 
The business and its location comply with the zoning ordinance of the city;
b. 
The business and its location is a lawful use under the laws of the state; and
c. 
All buildings of the business have been issued certificates of occupancy.
2. 
Every business that is a first-time or renewal applicant for a business certificate will be required to complete appropriate waste management forms. The information from these forms will assist the city to address waste diversion issues in order to comply with AB 939 reporting requirements and to encourage the implementation of systems designed to divert waste from our landfills.
a. 
Except for the city permitted waste management haulers, every business which engages in the business of accepting raw recyclable materials, or buying and processing for further use or sale any raw recycled product, shall keep adequate records to define the jurisdiction or origin, material type and weight of every recycled product it receives. An aggregate report of the prior calendar year (January through December) activity shall be submitted with the new or renewal business application as Exhibit A to the application. The city's program manager for waste management will, upon receipt and determination of adequacy, notify business license service that the applicant has complied with this requirement and is cleared to be issued a business certificate. If accurate records are unavailable, the first report may be estimated. Beginning the year following the issuance of the applicant's first business certificate, the business shall submit aggregate reports on a biannual basis (i.e., periods ending in June and December) with the December report including the information for the entire calendar year and submitted with the annual business certificate renewal application. The June report may be submitted directly to the program manager for waste management.
b. 
Every business operating in the city shall keep adequate records of all waste materials that were separated and removed for recycling defining the type, weight and disposal point of each such product. Products disposed of using a permitted hauler do not need to be reported. An aggregate report of the prior calendar year (January through December) activity, which also includes a survey of source-reduction methods, shall be submitted with every new or renewal business application, attached to the application as Exhibit B. The city's program manager for waste management will, upon receipt and determination of adequacy, notify business license services that the applicant has complied with this requirement and is cleared to be issued a business certificate. If accurate records are unavailable, the first report may be estimated.
B. 
Applications for Renewal of an Existing Certificate. Each application for renewal of a certificate shall be processed as follows: business licensing services of the city shall receive the application and review it to determine if any changes exist which may require the review of any other department, agency or official. If a review is deemed necessary, the application shall be forwarded to the appropriate department, agency and/or officials for further review.
(Ord. 91-33 § 1 (1.14))
The granting of a certificate under this chapter shall not be deemed in any sense whatsoever a permit or certificate to conduct the business referred to therein, in any unlawful manner, or in any manner so as to constitute the same a nuisance.
(Ord. 91-33 § 1 (1.15))
Persons required to pay a certificate fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any fees for the privilege of carrying on any similar or related activity required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances and laws.
(Ord. 91-33 § 1 (1.16))
The business certificate officer may refer to any governmental agency any statement and all other information submitted by persons subject to the provisions of this chapter in connection with the conduct of a business regulated or supervised or otherwise the concern of any such agency, including agencies concerned with health regulations, zoning conformance, fire safety, police considerations or any other safeguard of the public interest. Failure to comply with conditions required by other agency review shall result in revocation of the certificate once granted.
(Ord. 91-33 § 1 (1.17))
All certificates must be kept and posted in the following manner:
A. 
Any certificate holder transacting or carrying on business at a fixed place of business in the city shall keep the certificate posted in a conspicuous place upon the premises where such business is carried on or must have the certificate immediately available for inspection upon request.
B. 
Any certificate holder transacting or carrying on business but not operating at a fixed place of business shall keep the certificate immediately available at all times while transacting and carrying on business within the city. In all instances in which a certificate is required under this chapter for the use of any vehicle, equipment or device, the certificate shall be attached to the vehicle, equipment or device.
(Ord. 91-33 § 1 (1.19))
The city's police agency and all assigned code enforcement officers have and exercise the power and duty to make arrests for violations of this chapter. The enforcement authority may enter free of charge, for inspection of certificates, at any time during regular business hours, at any place of business for which a certificate is required, and demand the exhibition of such certificate for the current term by any person engaged or employed in the transaction of the business. If such person shall then fail to exhibit the required certificate, such person shall then be liable to the penalty provided for in this chapter.
(Ord. 91-33 § 1 (1.20))
Every certificate granted under this chapter is granted and accepted by all parties with the express understanding that the city council may revoke the certificate if it is in the best interest of the health, welfare or safety of the public to do so and grounds for such revocation exist as noted in Section 5.04.280 of this code.
(Ord. 91-33 § 1 (1.21); Ord. 10-12 § 2)
A certificate required by this chapter may be denied or revoked pursuant to this chapter only upon one or more of the following grounds:
A. 
Proper application as prescribed in this chapter has not been made or information submitted is false; or
B. 
The prescribed fee for such certificate has not been paid; or
C. 
Delinquent certificate fees have not been paid; or
D. 
The conduct of the business has been or is contrary to local, state or federal law.
(Ord. 91-33 § 1 (1.22); Ord. 10-12 § 3; Ord. 15-07 § 3)
Each business that was operating from a permanent location, on the date of the ordinance codified in this chapter will be required to obtain a certificate within ninety days of the effective date of the ordinance codified in this chapter, but will not be required to comply with the regulatory portions of this chapter until February 1, 1993.
(Ord. 91-33 § 1 (1.24))
A. 
Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to expiration of the certificate shall pay the applicable fee, plus a penalty fee not to exceed twice the normal registration fee.
B. 
Any person who fails to file for a certificate as provided in this chapter within thirty calendar days after being informed to do so, or fails to pay the applicable fee, or violates any of the other provisions of this chapter, or knowingly or intentionally misrepresents any material fact to any officer or employee of the city in procuring the certificate provided in this chapter, or continues to operate a business after the business registration certificate has been revoked, is guilty of a violation of this code that may be enforced pursuant to the enforcement provisions set forth in Title 1 of this code.
(Ord. 91-33 § 1 (1.23, 1.25); Ord. 98-04 § 2; Ord. 10-12 § 4; Ord. 15-07 § 4)
A. 
Any person aggrieved by the denial of an application for a business certificate, denial of an application for renewal of a business certificate, revocation or suspension of a business certificate, or any other decision of an administrative officer or agency with respect to the issuance or refusal to issue a certificate ("administrative decision"), may appeal the administrative decision by filing an appeal in the office of the city clerk within fifteen calendar days from the date notice of the administrative decision was mailed to the applicant or licensee. If the fifteenth day falls on a Saturday, Sunday or city holiday, the appeal may be filed on the next day the City Hall is open. The appeal document must be actually received in the office of the city clerk within the applicable time period and not just mailed within such time. The person who files such an appeal shall be known as the "appellant." The provisions of Chapter 2.44 shall not be applicable to an appeal of the administrative decision.
1. 
The written appeal shall be accompanied by an appeal fee in an amount as set by city council resolution. The appeal shall set forth the administrative decision being appealed and the reasons why the decision should be reversed or modified. The city clerk shall promptly forward a copy of the appeal to the city manager.
2. 
In the event an appeal is timely filed, an administrative decision concerning the denial of renewal of a license or business certificate, or the suspension or revocation of a license or business certificate shall not be effective until a final decision by the hearing officer has been made pursuant to this section. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's right to an appeal. If no timely appeal is filed, the administrative decision shall become effective upon expiration of the period for filing an appeal.
3. 
Upon receipt of a timely appeal, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing. The hearing officer shall be a person knowledgeable in municipal affairs, including, but not limited to, attorneys, retired judges, a reputable firm providing mediators and arbitrators, local government officials, or the State Office of Administrative Hearings (or its successor office). Not less than fifteen days prior to the appeal hearing, the city clerk shall notify the city manager and the appellant of the name of the hearing officer who has been selected to hear the appeal. Within ten days of the date of mailing the notice of the hearing officer, the appellant may request the city clerk recuse a hearing officer for reasons of actual prejudice against the party's cause. The city clerk shall then request a mediation and arbitration firm or the office of administrative hearings as the designated hearing officer for the appeal hearing. The hearing officer shall be fair and impartial and shall have no bias for or against the city or the appellant.
4. 
At the appeal hearing, the hearing officer shall receive oral and written evidence from the director of finance and the appellant.
a. 
The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely in the conduct of serious affairs.
b. 
The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The hearing officer shall have au-thority to administer oaths to those persons who will provide oral testimony.
c. 
The city manager shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based.
d. 
The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties.
e. 
The hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. The party requesting the continuance shall pay the costs of the hearing officer, if any, for the cancelled hearing.
i. 
The hearing officer may uphold, modify or reverse the administrative decision.
ii. 
Within ten days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. The hearing officer shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall notify the city manager and the appellant of the decision and provide them with a copy of the hearing officer's decision, along with a proof of mailing.
iii. 
The hearing officer's decision shall be final and conclusive as to the city and the appellant and no appeal to the city council from the hearing officer's decision shall be available. Any legal action challenging the hearing officer's decision shall be filed within ninety days of the date of the proof of service of mailing of the hearing officer's opinion, pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure.
B. 
Any notices which either party may desire to give to the other party in connection with the appeal under this section must be in writing and may be given either by: (1) personal service; (2) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery; or (3) mailing in the United States mail, first class mail, postage prepaid, addressed to the address to the city at City Hall or to the appellant at the address set forth in the notice of appeal. Notice shall be effective on the date of personal delivery or the date when the notice was deposited in the mail or reputable document delivery service.
C. 
If the hearing officer overturns the administrative decision or substantially modifies it in favor of the appellant, the appeal fee shall be refunded to the appellant.
D. 
The city manager shall have the authority to establish all appropriate administrative regulations for the fair and efficient implementation of this section, conducting hearings and rendering decisions pursuant to this section.
E. 
Notwithstanding the procedures set forth in this section, the city manager shall have the authority to enter into settlement agreements with an appellant that justice may require and that are consistent with the purposes of this title.
(Ord. 10-12 § 5)