Note: Prior ordinance history: Ords. 210, 263, 446, 463, 541 and 570.
The purpose of this Chapter is to establish a regulatory mechanism whereby the City may review the management and ownership of specific types of businesses, maintain an accurate record of businesses conducting business in the City for statistical purposes and assist in maintaining zoning compliance. The business license program is not designed to raise revenue, nor is it a substitute for land use regulations.
(Ord. 661 § 1, 2012)
As used in this Chapter:
"Applicant"
means any person who has applied for a business license or permit.
"Application"
means a business license application, or as appropriate under the circumstances, an application for a permit.
"Business"
means arts, professions, trades and occupations and all and every kind of calling, whether or not carried on for profit.
"City"
means the City of Indian Wells.
"City manager"
means the City Manager of the City, or designated representative.
"Employee"
means any person who performs services for another for hire, salary, wages, or any other kind of compensation, whether or not the services are casual, permanent or temporary, and whether or not the contract of service is express or implied, oral or written.
"Home occupation"
means any ongoing or repetitive business or professional use, activity or utilization of a residential dwelling which is incidental and accessory to the primary residential use and does not generate adverse impacts to the surrounding neighborhood.
"Person"
means and includes domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trust, societies, and individuals transacting and carrying on any business in the City other than as employees.
"Premises"
means all lands, structures and places connected with or used in any business.
(Ord. 661 § 1, 2012)
Business license annual fees in the amounts hereinafter prescribed are imposed upon the business and persons specified in this Chapter, and no person shall transact or carry on any business without having procured a license from the City to do so.
(a) 
Specified businesses and persons shall include all professions, trades, vocations, and occupations which are conducted through an ongoing or repetitive means for the purpose of earning a profit or livelihood, whether or not a profit or a livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise, and whether or not the business has a fixed place of business in the City, and home occupations located within the City limits.
(b) 
A separate license must 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, and each 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.
(c) 
Evidence of transacting business may consist of, but is not limited to, any of the following: the use of one or more signs, circulars, cards, telephone books or newspapers by a person for the purpose of advertising, holding out, or representing that he or she is in business in the City, or holding an active license or permit issued by a governmental agency indicating that the person is in business in the City. Such evidence shall be prima facie evidence that a person is conducting a business in the City.
(d) 
The business license fee is not a revenue raising device, but shall bear a reasonable relationship to the costs incurred by the City in reviewing, processing and taking action upon the application.
(e) 
Independent contractors shall each obtain a business license without regard to whether they are operating separately or together with other independent contractors at the same location. Notwithstanding the previous provision, any independent contractor who is legally obligated to operate under the supervision and control of another person for whom a business license is required shall not be required to obtain a business license pursuant to this Chapter.
(f) 
A City business license must be renewed each year in January pursuant to Section 5.01.045 at the same annual license fee as established pursuant to Section 5.01.030.
(Ord. 661 § 1, 2012)
(a) 
Before any license is issued to any person, such person shall make application therefor to the Planning Director or designee. The applicant must state the name of the party to whom the license is to be issued; the nature of the business to be pursued; the place where such business will be conducted and such other information as may be deemed necessary for the enforcement of the provisions of this Chapter.
(b) 
Upon application being made as provided in subsection (a) and when the applicant has tendered the license fee required, the Planning Director or designee shall process the application. If it is an application for a new business, or if it is otherwise deemed necessary, the Planning Director or designee shall refer the license for approval or disapproval to the City Planning Department for zoning review, the City Building Department for construction review, the County Health Department for health and sanitation review, the City Fire Department for fire inspection, and any other departments or agencies.
(c) 
Upon receiving the approval of the departments to which the application has been referred, the Planning Director or designee shall prepare and issue the license, showing on the face of each license the following: (1) name of business and location; (2) date of issuance; (3) date of expiration; (4) business mailing address; and (5) account number.
(d) 
Licenses shall be posted at the business in a conspicuous location at all times.
(Ord. 661 § 1, 2012)
The annual fees charged for licenses under this Chapter shall be fixed by the City Council by resolution.
(Ord. 661 § 1, 2012)
(a) 
Exemption. A business license shall not be required for the following businesses or business activities:
(1) 
Any institution or organization which conducts a business wholly for the benefit of charitable, religious, educational, benevolent or nonprofit purposes and from which profit is not derived either directly or indirectly by any person therein.
(2) 
Part-time businesses conducted by a person over 65 years of age as a sole proprietor.
(3) 
Businesses in majority ownership of and operated by disabled veterans.
(4) 
Individual domestic household help when in the direct employ of an individual homeowner.
(b) 
Notwithstanding subsection (a), a person or organization conducting a business exempt from the requirement to obtain a business license may apply for and obtain a business license without paying a business license fee, and shall do so upon a form prescribed by the Planning Department. Such person shall also file a verified statement with the Planning Department stating the facts upon which said exemption is claimed. Upon determination that the applicant is entitled to an exemption from otherwise obtaining a business license and from the payment of the business license fee as set forth in this Chapter, the City shall issue a fee exempt business license to such person.
(c) 
Notwithstanding any exemption from the requirement to obtain a business license as set forth in this Chapter, all businesses in the City shall be subject to and shall comply with all Zoning Code, Title 21, provisions and requirements, and other provisions, as set forth in the Indian Wells Municipal Code.
(d) 
Notwithstanding subsection (a), no exemption under this Section shall apply to the operation of a short-term residential rental pursuant to Chapter 5.20 of this Code.
(Ord. 661 § 1, 2012; Ord. 731 § 6, 2020)
Any person who violates any provision of this Chapter or knowingly or intentionally misrepresents to any officer or employee of the City any matter of material fact in procuring a business license herein provided for shall be deemed guilty of a misdemeanor, punishable by a fine of $1,000 and imprisonment in the County Jail for a period of not more than six months. (Ref.: California Business and Professional Code, Article 3, Section 16240.)
(Ord. 661 § 1, 2012; Ord. 693 § 1, 2015)
The license fee for a new business or a business which is not in possession of a business license is due upon application to the City for the business license. A business license shall be renewed, and the fee for renewal of each business license is due, on the first business day of January of each new year. Any license not renewed prior to February 15th of each such new year shall be deemed to have been automatically rescinded and of no further force or effect as of the prior January 1st.
(Ord. 661 § 1, 2012; Ord. 693 § 1, 2015; Ord. 721 § 2, 2019)
Upon sale, transfer or relocation of a business, the license therefor shall be null and void; provided, however, that upon the death or incapacity of the licensee, heir or designee of the deceased or incapacitated licensee, or any guardian of any heir or designee of a deceased or incapacitated licensee may continue the business for a reasonable period of time not to exceed 60 days to allow for an orderly transfer of the license.
(Ord. 661 § 1, 2012)
(a) 
Conducting the activities set forth in Section 5.01.020(c), if they pertain to a home occupation, shall be deemed to be prima facie evidence that the person is conducting a home occupation.
(b) 
Home Occupation Business License—Application, Issuance, and Criteria. No home occupation may be conducted without having first obtained a City business license. A business license application to conduct a home occupation shall be submitted to the Planning Director or designee. The information submitted with the application must be sufficient to ensure that the use complies with the requirements below. The Planning Director or designee may require additional information from the applicant necessary to determine compliance with the regulations below. The Planning Director or designee has the authority to approve or deny a request for a business license for a home occupation based upon the regulations below. The Planning Director or designee shall issue a nontransferable City business license if all of the following regulations are met and if the home occupation does not violate State or Federal Law.
(1) 
The use of the dwelling unit for a home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit and shall be compatible with surrounding residential uses.
(2) 
Not more than 25% of the floor area of the main dwelling unit, nor more than one room of the main dwelling shall be used in the conduct of the home occupation. A home occupation may be conducted in a detached structure that is appurtenant to the main dwelling if the detached structure is fully conforming under all building and zoning regulations. The home occupation may be conducted in the garage to the dwelling unit but shall not use any space required for off-street parking. If a detached structure or garage is used for a home occupation, then no other room located in the main dwelling may be used for any home occupation.
(3) 
The home occupation shall be performed or conducted in a fully enclosed structure. There shall be no work performed outside the enclosed structure, nor shall there be any storage or display which is visible from outside the structure.
(4) 
Only the occupants of the dwelling unit may perform work on the premises in the home occupation.
(5) 
Electrical or mechanical equipment which creates visible or audible interference in radio, television, or telephone or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.
(6) 
The home occupation shall not create noise, odors, or other nuisances in excess of that normally associated with a residential use.
(7) 
The home occupation shall not be conducted in a manner which generates additional traffic (vehicle or pedestrian), parking demand, or vehicular deliveries other than that associated with normal household uses.
(8) 
The appearance of the dwelling structure shall not be so altered, nor shall the conduct of the occupation within the structure of such, that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.).
(9) 
No commercially licensed vehicle used primarily in the conduct of the business or vehicle with signage labeling it as a vehicle used in the business shall be parked or stored on the public street nor anywhere on the subject property other than in the enclosed garage or screened space designated for off-street parking.
(10) 
There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety or general welfare or that changes the fire safety or occupancy classifications of the residence.
(11) 
There shall be no mechanical equipment, material, or other substances or objects used in the home occupation which are not customarily used in a residence.
(12) 
There shall be no sales or displays of goods on the premises or outdoor display of equipment, materials or supplies related directly or indirectly to the home occupation activity.
(13) 
Noise emanations shall not exceed 55 dBA, measured at the property lines of adjoining occupied parcels.
(14) 
There shall be no advertising or promotional banners, flags associated with the business or signs displayed which would be visible from outside the dwelling unit, and there shall be no advertising using the home address. This is not intended to exclude the display of the American flag per Section 21.90.070(b).
(15) 
No commercial vehicles can be used to deliver materials or remove materials from the premises other than is customarily seen in a residential community.
(16) 
Commercial Uses Not Compatible with Residential Properties. The following list represents an example of commercial uses that are not compatible with residential activities and therefore are prohibited as a home occupation:
(i) 
Adult entertainment activities/business;
(ii) 
Animal grooming, raising or training of any animals;
(iii) 
Automotive and other vehicle repair, painting, storage, or upholstery;
(iv) 
Commercial cabinet or furniture making business (this does not include woodworking as a hobby);
(v) 
Construction storage yard;
(vi) 
Dance club/night club;
(vii) 
Exercise studios (this does include one-on-one personal trainers);
(viii) 
Fortunetelling;
(ix) 
Mini-storage;
(x) 
Plant nursery;
(xi) 
Repair, reconditioning, servicing or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;
(xii) 
Retail sales;
(xiii) 
Sale of home furnishing materials including carpeting, floor covering, tile and other similar materials;
(xiv) 
Welding and machine shop operations;
(xv) 
Uses which require explosive or highly combustible or toxic materials;
(xvi) 
Other uses the Planning Director determines to be similar to those listed above. Notwithstanding any provision herein, mere use of a computer or other paperwork relating to a business primarily conducted elsewhere shall not be deemed to be a home occupation.
(c) 
Revocation of a Business License for a Home Occupation. The Planning Director may revoke a business license after notice and an opportunity to be heard by permittee, upon the determination of Planning Director that the home occupation is being conducted contrary to the regulations set out in subsection (b) of this Section.
(d) 
Appeal from Denial or Revocation of a Business License for a Home Occupation. Any applicant for a business license for a home occupation whose application was denied by the Planning Director, and any permittee whose business license for a home occupation was revoked by the Planning Director, may, within 10 days following such decision, appeal such decision to the Planning Commission, in which event the decision of the Planning Director shall be vacated and the Planning Commission shall determine whether to affirm, reverse, or modify the decision of the Planning Director in accordance with the standards set forth in subsection (b) of this Section. At least 14 days prior to the Planning Commission's meeting to consider the appeal of the applicant or permittee, the Planning Director, City Clerk, or authorized designee, shall send, by United States mail, certified, return receipt requested, written notice to the applicant or permittee of the time and place at which the Planning Commission will consider the application or revocation, and the applicant or permittee shall be provided an opportunity to be heard by the Planning Commission prior to its decision being made. The decision of the Planning Commission shall be final and the City Clerk shall notify the applicant or permittee, as applicable, in writing of the decision of the Planning Commission. If the Planning Commission affirms the decision of the Planning Director denying an application or revoking a permit, the applicant or permittee shall have the right to appeal the decision of the Planning Commission to the City Council in accordance with the provisions of Section 2.12.140 of this Code. The decision of the Planning Commission shall not be vacated during the pendency of any appeal to the City Council.
(e) 
Penalty for Violation. Operating a home occupation without having first obtained a business license for a home occupation, knowingly or intentionally misrepresenting to any officer or employee of this City any material fact in procuring a business license for a home occupation, or failing to pay any business license tax when due, shall be punishable in accordance with the provisions of Section 5.01.040. An action against any permittee of a business license for a home occupation who is in violation of any of the provisions of subsection (c) of this Section may be brought pursuant to Chapter 1.20 (Administrative citations) or Section 5.01.040, in addition to the license revocation proceedings described in subsection (b) of this Section.
(Ord. 661 § 1, 2012; Ord. 721 § 1, 2019)