For the purpose of this title, the following words and phrases
shall have the meanings respectively ascribed to them in this section.
Words and phrases used in this title not specifically defined shall
be construed according to the context and approved use of the language.
Average Number of Employees. "The average number of employees"
for any business having a fixed location in the city means the average
number of persons employed daily for the preceding twelve-month period.
For new businesses, the average number of employees shall be based
upon an estimate by the owner of average number of employees to be
employed daily for the succeeding twelve-month period. "The average
number of employees" for any business not having a fixed location
in the city means the average number of persons employed daily within
the city for the period during which the applicant for a license conducts
such business. This average shall be determined by using the three
days in which the greatest number of persons is employed.
Business. As used in Chapters 5.04 and 5.08, "business" includes all kinds of vocations, occupations, professions, enterprises, establishments, and all other kind of activities and matters, together with all devices, machines, vehicles, and appurtenances used therein, any of which are conducted for the purpose of earning a profit or livelihood whether or not a profit or livelihood is actually earned thereby. Business shall include, but is not limited to, trades and occupations of all brokers, retailers, wholesalers, vendors, suppliers, peddlers, professions, the renting or supplying of living quarters, or rooms, or board, or both for six or more guests, tenants or occupiers in any other type of endeavor entered into within the city for the purpose of earning a livelihood or profit whether paid for in money, goods, labor, or otherwise and whether or not the business, profession or trade has a fixed place of business in the city.
shall mean the city of Fountain Valley.
Any person who is licensed as a contractor with the state
of California and who undertakes to or offers to undertake to or purports
to have the capacity to undertake to or submit a bid to or does himself
or by or through others construct, alter, repair, add to, subtract
from, improve, wreck, or demolish any building, highway, road, railroad,
excavation, or other structure, project, development, or improvement
or to do any part thereof including the erection of scaffolding or
other structures or works in connection therewith is defined as a
"contractor." "Contractor" includes subcontractor and specialty contractor.
As used in Chapters 5.04 and 5.08, "gross receipts" includes the total amount of the sale price of all sales and the total amount charged or 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" are 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 expenses whatsoever. Excluded from "gross receipts" are cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded whether in cash or by credit; 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; receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded; that amount of gross receipts which has been the measure of a license tax paid previously to any other city.
means the fiscal services manager and/or finance director and he/she shall be charged with the administration of Chapters 5.04 and 5.08 and with promulgating rules and regulations to administer Chapters 5.04 and 5.08. He/she shall be responsible for the collection of the moneys due in Chapters 5.04 and 5.08.
"Deputy city license collector" means the person authorized
to act in behalf of the license collector and shall serve as the license
collector in his/her absence.
The fee for "annual license period" shall be payable in advance.
If the application is made on or before the fifteenth day of the month,
the license will be dated and be effective from the first day of said
month. If the application is made after the fifteenth day, it will
be dated and effective the first day of the succeeding month.
The "daily license period" shall commence at eight a.m. of
any day and expire at eight a.m. of the following day.
The "monthly license period" shall commence at 12:01 a.m.
on the day of issuance and terminate at twelve midnight on the same
day of the following month with the exception of a license obtained
in the last month of the fiscal year which shall expire on the thirtieth
day of June.
A "quarterly license" may only be issued to contractor pursuant to the provisions of Section 5.08.030. The quarterly license shall commence at 12:01 a.m. on the date of the issuance and shall terminate at twelve midnight on the last day of the calendar quarter in which the permit is issued, except that a license issued within the last fifteen days of a calendar quarter shall expire on the last day of the next succeeding calendar quarter.
means any person who obtains a building permit for the construction,
reconstruction, installation or removal of improvements to a structure
defined as an "R1" occupancy by the Uniform Building Code, adopted
by the city, and who is the owner of the property, shall be deemed
an "owner/builder."
As used in Chapters 5.04 and 5.08, "person" includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, or common law trusts, societies, and individuals transacting and carrying on any business or activity in the city, other than as an employee, whether pursued as a profit or nonprofit organization.
means any person conducting, managing, or carrying on the
business of acquiring, subdividing, improving, selling, or otherwise
dealing in and/or disposing of real property as an independent contractor
and not as an employee of another including but not limited to one
who constructs improvements upon real property with the object of
selling or renting the same shall be defined as a "subdivider," "developer,"
or "realtor."
means the business of dividing, subdividing, or parceling
of real property and the sale of such subdivided parcels.
(Ord. 1181 § 2, 1992)
It is the intent of Chapters 5.04 and 5.08 that the license collector be the administrator of Chapters 5.04 and 5.08 with the powers and restrictions set upon him in Chapters 5.04 and 5.08.
(Ord. 1181 § 2, 1992)
The fees, charges, penalties, deposits and all other sources
of revenue to the city expressed in this ordinance are adopted and
charged solely for municipal purposes and are not intended for regulation.
(Ord. 1181 § 2, 1992)
Persons required to pay a license tax for transacting and carrying on any business under Chapters 5.04 and 5.08 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. 1181 § 2, 1992)
Unless otherwise stated, any present or future modifications
or amendments to this ordinance or the present or future superseding
of any portion of any other ordinance of the city shall be construed
to affect the following:
(1)
The
prosecution for any violation committed prior to any present of future
modifications or amendments to this title;
(2)
The
validity of any bond or cash deposit required by an ordinance to be
posted, filed or deposited, and all rights and obligations pertaining
to any bond or cash deposits;
(3)
The
payment of any license or penal provision applicable to any violation
committed prior to any present or future amendments or modifications
to this title;
(4)
Where a license for revenue purposes has been issued to any business by the city and the tax paid therefor under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for said business by Chapters 5.04 and 5.08 shall not be payable until the expiration of the term of such unexpired license.
(Ord. 1181 § 2, 1992)
Every business, trade, profession or service which additionally
requires any federal, state or local regulatory license or permit,
shall present evidence to the license collector of satisfactory compliance
with such regulations prior to the issuance of any business license
under this title. Additionally, no license shall be issued by the
license collector to any business or service which fails to present
any land use permit required by the Fountain Valley Zoning Ordinance,
Title 21, or which has failed to comply with the provisions of any
other regulation of this code having to do with trades, businesses
or occupations.
(Ord. 1181 § 2, 1992)
(b)
The license collector is authorized to issue a special youth permit to any self-employed person eighteen years of age and under that qualifies for licensing under Category "Y" as set forth in Section 5.08.030.
(c)
The
license collector shall have the power, for good cause shown, to extend
the time for filing any required sworn statement for a period not
exceeding thirty days, and in such case to waive any penalty that
would otherwise have accrued; and shall have the power to compromise
any claim as to amount of license tax due in the public interest.
He/she shall be further empowered to modify or limit the expiration
date of any business license and to make other administrative and
discretionary judgment as the public interest may require.
(d)
The license collector is authorized to establish a list of specific businesses that are included within each of the categories set forth in general terms by Section 5.08.030. This list shall be reviewed and updated periodically so as to be as all-inclusive as possible. The list shall be kept on file in the offices of the license collector and city clerk and shall be available for use by the general public. The classification of any business into a general category shall be at the reasonable determination of the license collector as the administrator of this title. Any person aggrieved by the decision of the license collector shall have the right to appeal to the city council for a final decision. Notice of the appeal must be submitted to the city clerk in writing within ten days after notification by the license collector of his decision.
(Ord. 1181 § 2, 1992)
There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in Chapters 5.04 and 5.08, license taxes in the amounts hereinafter prescribed. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from said city or to do so without complying with any and all applicable provisions of Chapters 5.04 and 5.08.
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 laws of the United States or of the state of California. Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the United States or of the state of California shall not be liable for payment of the tax imposed by Chapters 5.04 and 5.08.
(Ord. 1181 § 2, 1992)
(a)
All
applications for licenses pursuant to this title shall be in writing
and upon a form issued by the license collector. Applications shall
be accepted by mail or in person at City Hall during regular business
hours. Each form shall ask for general information for each business;
specific information for each type of business may be required to
be submitted to the city to conduct its investigation or to maintain
its records concerning the business. General business information
on the application shall include:
(1)
The name, including any aliases, the date of birth, driver's license
number, social security number, and physical description of the applicant;
(2)
Information as to whether the applicant is an individual, partnership
or corporation or joint venture;
(3)
The full legal name of the business as well as the precise name under
which the business is to be conducted;
(4)
The signature of the owner of the business if it is owned by an individual,
the signatures of the partners if the business is a partnership or
the signatures of the president and the secretary if the business
is a corporation;
(5)
The home and business addresses and telephone numbers of the owner
of the business if the business is owned by an individual, the home
and business addresses and telephone numbers of the partners if the
business is a partnership, and, if the business is a corporation,
the home and business addresses and telephone numbers of all corporate
officers of the business and all stockholders of the business holding
greater than five percent of the stock in the business;
(6)
If the business is a corporation, a certified copy of the articles
of incorporation shall be submitted with the application;
(7)
A statement on the application, or as described in Section 5.04.100, acknowledging that any false information stated on the application is subject to prosecution under the penalty of perjury.
(8)
A minimum fee to be set forth in a schedule to be adopted by city council resolution is required for the processing of any license application. The processing fee shall not be charged in addition to the license fee due, however, if the application is rejected as described in Section 5.04.190, the license fee collected minus the amount of the license processing fee shall be refunded to the applicant. The fee shall not be refunded if the application is rejected.
(b)
Neither
the filing of an application for a license, or renewal thereof, nor
the payment of an application or renewal fee shall authorize a person
to conduct business until such license or renewal has been granted
or renewed.
(Ord. 1181 § 2, 1992)
(a)
In all cases where the license is based upon gross receipts, the licensee shall submit to the license collector for his guidance in ascertaining the amount of the license tax to be paid by the licensee, a written statement, upon a form to be provided by the license collector, written under penalty of perjury, or sworn to before a person authorized to administer oaths setting forth such information concerning the licensee's business during the preceding year as may be required by the license collector to enable him to ascertain the amount of the license tax to be paid by the licensee pursuant to the provisions of this chapter and Chapter 5.08.
(b)
The
license collector is authorized to determine the probable gross receipts
and make assessments therefrom on any new business which does not
possess an existing record of gross receipts. Any error in such assessment
as to overpayments and underpayments shall be added to or deleted
from the business license fee on the subsequent annual assessment
of such new business.
(c)
The
accuracy of all statements of gross receipts shall be subject to audit
and verification by the license collector or his or her properly authorized
deputies or assistants. The license collector is authorized and empowered
to inspect and audit the books and records of any and all persons
licensed to carry on any business pursuant to this title. No statement
filed by a person pursuant to this title shall be conclusive on any
matters contained therein.
(Ord. 1181 § 2, 1992)
(a)
Wherever in Chapters 5.04 and 5.08 an application, return or statement is required to be filed with the license collector, each such application, return, or statement shall have included therein, or attached thereto, a certification or declaration, which shall be substantially in the following form:
|
I declare, under penalty of perjury; that this application,
return or statement (including any accompanying schedules, statements,
and supporting data) has been examined by me, and, to the best of
my knowledge, information, and belief, is a full, true and correct
application, return, or statement and I accordingly so represent.
| |
|
Signature of Owner, Partner, or Officer of Corporation (if a
corporation)
|
Date
|
|
Signature of Owner, Partner, Manager, President, Vice-President,
or Secretary.
(Use one)
|
Date
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(b)
The
license collector shall not be required to receive, or consider, any
application, return or statement unless the above quoted declaration,
in substantially in the form hereinabove set forth, is contained therein
or attached thereto and properly executed by the applicant or the
authorized agent or representative of the applicant, and it is unlawful
in any such application, return or statement for such applicant or
authorized agent or representative of the applicant to make any statement
which is false or which is contrary to the declaration or representation
made in the above quoted form.
(Ord. 1181 § 2, 1992)
Any general engineering contractor, general building contractor,
specialty contractor or subcontractor, before engaging in business
within the city, or applying for a renewal of a business license,
shall file, or have on file, with the city, a signed statement that
such licensee or applicant is duly licensed under state law including
the Business and Professions Code of the state of California. Such
statement shall state the contractor's license number and that it
is in full force and effect or, if the applicant is exempt from having
such a required license under the Business and Professions Code of
the state of California, he shall furnish proof of the facts that
entitle him to such exemption.
All contractors, subcontractors and builders, whether building
for their own occupancy or not, shall file with the license collector
a full, true and complete written list, signed by such contractor
or builder, of all subcontractors performing any service whatever
for such contractor or builder within the city for which a license
is required under the provisions of this title before such subcontractors
actually commence work on the building, structure, or project. Any
subcontractor subcontracting any work shall be deemed a contractor
for the purpose of this section.
Final inspection on any building, structure, or project shall
not be given by the building department until all contractors, subcontractors,
or servicing businesses performing any work on such building, structure,
or project are duly licensed.
(Ord. 1181 § 2, 1992)
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 license collector for his guidance in ascertaining
the amount of license tax to be paid by the applicant, a written statement,
upon a form provided by the license collector, setting forth such
information as may be therein required and as may be necessary to
determine the amount of the license tax to be paid by the applicant.
(Ord. 1181 § 2, 1992)
All personal application information included on all applications filed pursuant to the provisions of this section for the purpose of ascertaining business license fees shall be deemed confidential in character and shall not be subject to public inspection. Personal application business license application information is any home address or telephone information required by Section 5.04.090(a)(5)5.04.090(a)(5) and any information required by Section 5.04.090(a)(1)5.04.090(a)(1) It shall be the duty of the license collector to preserve and keep the statements so that the contents thereof may not become known except as required by law.
(Ord. 1181 § 2, 1992)
Upon receipt of such application form, properly completed, the
license collector shall collect from the applicant, at the time of
the issuance of the license, the license fee determined by the estimated
amount or number set forth in such application, and shall issue to
such applicant a preliminary license for the license year, subject
to filing of a supplementary statement as required by the license
collector.
(Ord. 1181 § 2, 1992)
Where, by the terms of Chapters 5.04 and 5.08, a bond is required to be furnished by any person securing or applying for a license, such person shall, before the issuance to him of such license, deliver to the city clerk a bond executed by any reliable surety company.
(Ord. 1181 § 2, 1992)
The amount, form and substance of said bond shall be as required
by the city attorney and approved by him in each case.
(Ord. 1181 § 2, 1992)
The license collector, after review of the application, may grant or deny an application for a business license. Within sixty days after the receipt of the application, the license collector shall mail to the applicant, postage prepaid, notice as to whether the license has been granted or denied. If the license collector should deny the application, the notice shall also inform the applicant as to the reasons why the license was denied and shall inform the applicant of his right to an administrative hearing before the city manager as provided for in Section 4.04.115 of this code.
(Ord. 1181 § 2, 1992)
All license fees shall be paid in lawful money of the United
States of America.
(a)
The applicant shall make payment of the license fee at the time of the application as set forth in Chapter 5.08. The business license issued in exchange for the license fee constitutes as receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to conduct business activity within the city and shall not be construed as an authorization to conduct or to continue any illegal or unlawful business.
(b)
Business
license fees are not refundable except if a business is not approved
by the city. If it is a business that does not need city approval,
then half of the business fee may be refunded upon receipt.
(c)
All
discrepancies in the business license fee paid shall be adjusted and
corrected within the licensing period.
(Ord. 1181 § 2, 1992)
(a)
All annual license taxes under provisions of Chapters 5.04 and 5.08 shall be due and payable as follows:
(1)
Gross Receipts Basis. Payable in advance on the first day of the
annual license period;
(2)
Flat Rate Basis and Number of Employees or Vehicles Basis. Payable
in advance on the first day of the annual license period;
(3)
All Other Licenses. Payable in advance at the time of issuance of
the license by the license collector;
(4)
First License. All businesses obtaining a license for the first time
shall pay the current license fee prior to the commencement of business
or operations.
(b)
The
annual license fee due date and expiration date shall be determined
in the following manner:
(1)
If the license is initially issued on or before the fifteenth day
of the month, the annual license fee due date and expiration date
will be the first day of that month.
(2)
If the license is initially issued after the fifteenth day of the
month, the license fee due date and expiration date shall be the first
day of the following month.
(Ord. 1181 § 2, 1992)
(a)
Every person or business making application for the renewal of a license shall furnish to the license collector for guidance in ascertaining the amount of license tax to be paid by the applicant, a signed written statement, under oath, upon a form provided by the license collector, setting forth such information pertaining to the preceding year as may be required herein to determine the amount of the license tax to be paid pursuant to the provisions of Chapters 5.04 and 5.08.
(b)
The
license collector shall not issue to any such person or business a
license for the same business, until such person or company shall
have furnished to him the written statement and paid the license tax
herein required.
(c)
For
failure of any business to pay a license tax when due, the license
collector shall add a penalty as set forth by city council resolution.
(Ord. 1181 § 2, 1992)
(a)
Nothing
in this section shall 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 to
municipal corporations of such taxes as are prescribed in this section.
(b)
The
provisions of this section shall not require the payment of a license
fee 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, religious, fraternal
or scientific purposes and from which profit is not derived, either
directly or indirectly, by any person; nor shall any license fee be
required for the conducting of any entertainment, concert, exhibition
or lecture on scientific, historical, literary, religious or moral
subjects within the city whenever the receipts of any such entertainment,
concert, exhibition or lecture on scientific, historical, literary,
religious or moral subjects are to be appropriated to any church or
school or to any religious or benevolent purpose; nor shall any license
fee be required for the conducting of any casual sales, entertainment,
dance, concert, exhibition, or lecture by any religious, charitable,
fraternal, educational, military, state, county or municipal organization
or association, whenever the receipts of such casual sales, entertainment,
dance, concert, exhibition, or lecture are to be appropriated for
the purpose and objects for which such organization or association
was formed, and from which profit is not derived, either directly
or indirectly, by any person; provided that nothing in this section
shall exempt any such organization or association from complying with
the provisions of this code or any city ordinance requiring a permit
from the city council or any commission or officer to conduct, manage
or carry on any profession, trade, calling or occupation.
"Casual sales" as used in this section mean the sales or offer
for sale of goods, wares, merchandise or food products for a period
not exceeding seven days, except that casual sales shall not include
the sale or offer for sale of Christmas trees from November 15th to
December 26th of any year.
(c)
Interstate
Commerce. Every person claiming to be entitled to exemption from the
payment of any license provided for in this section upon the ground
that such license casts a burden upon his rights to engage in commerce
with foreign nations or among several states, or conflicts with the
regulations of the United States Congress respecting interstate commerce,
shall file a verified statement with the license collector disclosing
the interstate or other character of his business entitling such exemption.
Such statement shall state the name and location of the company or
firm for which the orders are to be solicited or secured, the name
of the nearest local or state manager, if any, and his address, the
kind of goods to be delivered, the name from which the same are to
be shipped or forwarded, the method of solicitation or taking orders,
the location of any warehouse, factory or plant within the state of
California, the method of delivery, the name and location of the residence
of the applicant and any other facts necessary to establish such claim
of exemption. A copy of the order blank, contract form or other papers
used by such person in taking orders shall be attached to the affidavit
for the information of the license collector. If it appears that the
applicant is entitled to such exemption, the license collector shall
forthwith issue a free license. In case of such a dispute, the advice
of the city attorney shall be sought.
(d)
Exemption
Under Other Provisions of Federal or State Law. Every person claiming
to be entitled to an exemption from payment of any license fee provided
for in this section upon the ground that such license fee is exempt
under federal or state law shall file a verified statement with the
license collector disclosing the character of the business entitling
such exemption. The statement shall state the name and location of
the company or firm claiming the exemption, the type of business conducted
and facts establishing that the person, organization or firm comes
within the exemption of the federal or state law. Additional information
shall be supplied to the license collector, or city attorney upon
request, in order to ascertain whether or not the claimant meets the
exemption of the federal or state law.
(e)
Public
Utility and Franchise Holders Exemption. All public utilities or privately
owned public utilities which are holders of a franchise from the city
shall be exempt from the provisions of this business license law.
(f)
Exempt
Licenses to be Endorsed. Whenever the license collector shall issue
any license granting any exemption provided for in this chapter, the
person to whom such license is issued shall endorse thereon his signature
in ink in the presence of the license collector or his or her designee,
and no such license shall be transferable. Any such exempt license
shall be issued by the license collector only for the minimum license
period of any such business, and may be renewed for the same period
under the same conditions and in the same manner as originally obtained.
(g)
Revocation of License Exemptions. At any time that it shall appear to the satisfaction of the license collector that none of the conditions specified in this chapter as meriting exemption from license requirements exists as to any person to whom any such exemption has been allowed, the license collector may revoke such exemption and the exempt license issued thereunder. The revocation shall be in accordance with the procedure set forth in Section 4.04.100 of the municipal code.
(Ord. 1181 § 2, 1992)
No license issued pursuant to Chapters 5.04 and 5.08 shall be transferable as to applicant; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such license may, upon application therefor and paying a fee as set forth by city council resolution, 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 is or is to be moved.
(Ord. 1181 § 2, 1992)
A duplicate license may be issued by the license collector to
replace any license previously issued hereunder which has been lost
or destroyed, upon the licensee filing a statement of such fact and
at the same time of filing such statement, paying to the license collector
a duplicate license fee as set forth by city council resolution.
(Ord. 1181 § 2, 1992)
All licenses must be kept and posted in the following manner:
(1)
Any
license 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.
(2)
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.
(3)
Any
licensee transacting and carrying on business as a solicitor going
from house to house or place to place must have his or her soliciting
badge or license prominently displayed by attaching it to his/her
clothing.
(Ord. 1181 § 2, 1992)
A separate license shall be obtained for each branch establishment
or location of the business engaged in and each license shall authorize
the licensee to engage only in the business licensed thereby at the
location or in the manner designated in such license.
In the event that any business conducted, managed or carried
on in the city is organized as a partnership or joint venture, the
scheduled license fee need be paid only by the partnership or joint
venture and not by such individual partner or joint venture.
(Ord. 1181 § 2, 1992)
Every person who operates any business, whether upon a cost rental or commission basis, as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of Chapters 5.04 and 5.08, shall be required to obtain a separate and independent license pursuant to the appropriate provisions of Chapters 5.04 and 5.08, and shall be subject to all of the provisions of chapters 5.04 and 5.08.
Except as otherwise expressly provided in Chapters 5.04 and 5.08, any person conducting, managing or carrying on two or more businesses under the same business name, licensed by Chapters 5.04 and 5.08, at the same location shall be required to apply for and obtain a license for only one of such businesses; provided, however, that if the amount of such license differs for such businesses, such person shall obtain a license for that business for which the largest amount or fee is provided by Chapters 5.04 and 5.08.
(Ord. 1181 § 2, 1992)
It shall be the duty of the license collector, and he is directed to enforce each and all provisions of Chapters 5.04 and 5.08. The city's law enforcement agency, building and safety director or representative, city clerk, and any other authorized representative of the city shall render such assistance in the enforcement hereof as may from time to time be required by the license collector.
The license collector and/or the city law enforcement agency in the exercise of their duties imposed upon them hereunder and acting through their 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 Chapters 5.04 and 5.08 have been complied with.
The license collector and each and all of his assistants and any police officer shall have the power and authority 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 certificate. Any person having such license certificate theretofore issued in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of Chapters 5.04 and 5.08. It shall be the duty of the license collector and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions.
(Ord. 1181 § 2, 1992)
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. 1181 § 2, 1992)
The amount of any license tax and penalty imposed by the provisions of Chapters 5.04 and 5.08 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 due.
In the event the city must institute legal action to enforce any of its rights under Chapters 5.04 and 5.08, the licensee shall pay the city reasonable court costs and attorney's fees which the city has incurred.
(Ord. 1181 § 2, 1992)
The council or city manager may modify or waive any requirements
of the ordinance codified herein including fees, upon proper showing
to the council or city manager by the applicant that such waiver or
modification would promote the general welfare of the community.
(Ord. 1181 § 2, 1992)
Any person violating any of the provisions of the ordinance
codified herein 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 punishable by a
fine set forth by city council resolution or by imprisonment in the
county jail for a period of not more than six months, or by both such
fine and imprisonment.
(Ord. 1181 § 2, 1992)
(a)
The various rates for license fees charged by the city to persons commencing or conducting any business that requires a license as described in Chapters 5.04 and 5.08 shall be designated in Chapter 5.08 and by resolution implementing the same. All business license fees described in Chapter 5.04 and Chapter 5.08 are designated, fixed and established for businesses to which they relate.
(b)
The
determination of starting a business, engaging in, or undertaking
a business venture shall be as determined by the city, through the
license collector. Such determinations shall be made in accordance
with policy standards duly published and made available to all interested
and affected persons. Any determination made by the license collector
shall be appealable to the city council by the affected person.
(c)
The intention and purpose of the city is to require a license from, and the payment of a license fee by, each and every person commencing or conducting any business within the city unless such business be expressly exempted from such requirements by the provisions of Chapters 5.04 and 5.08 or by law.
(d)
The
city council finds and determines that the categories for licensing
as set forth herein are reasonable, are based upon the particular
experience in Fountain Valley of various business practices, and that
each such category relates specifically to the types of businesses
included therein.
(Ord. 1181 § 2, 1992)
(a)
There is established a business license fee, known as the "base fee" which is determined according to category and based upon the average number of employees and number of vehicles operated in excess of one. The "base fee" shall be applicable to all categories of businesses in Chapters 5.04 and 5.08. The total fee shall consist of the base fee which includes the company, owner or one employee and one vehicle, plus a separate fee for each additional employee and a separate fee for each additional vehicle and, where applicable, additional fees as outlined in Section 5.08.050.
(b)
All
businesses shall pay a license fee as set forth by city council resolution.
The duration of the license shall be as indicated by letter after
the fee amount. The letter "A" following the fee shall indicate an
annual fee is required; the letter "S" following the fee shall indicate
a semiannual fee is required; the letter "Q" following the fee shall
indicate a quarterly fee is required; the letter "M" indicates a monthly
fee is required; and the letter "D" following the fee shall indicate
a daily fee is required. Any business indicated with a "CM" after
the title requires the city manager's approval.
(Ord. 1181 § 2, 1992)
The following categories of businesses are hereby established:
Category "A" Retail Sales and Service. Any person conducting,
managing, or carrying on a business consisting mainly of selling at
retail any goods, wares or merchandise, or conducting, managing or
carrying on of any trade, occupation, calling or business designed
to render accommodations or services of individual skills and not
otherwise specifically licensed by other section of this chapter,
shall be licensed as Category "A."
Category "B" Wholesaling and Manufacturing Businesses. Any person
conducting, managing or carrying on a business consisting mainly of
manufacturing, packing, warehousing, processing, carrying or selling
at wholesale any goods, wares, merchandise or produce, and not otherwise
specifically licensed by other sections of this chapter, shall be
licensed as Category "B."
Category "C" Professions. Any person engaged in the business
activity of rendering professional services and not otherwise specifically
licensed by other sections of this chapter shall be licensed as Category
"C."
Category "D" Contractors, Developers, Subdividers and Owner/Builders.
Any person engaged in the business activity of a general engineering
contractor (Class A), general building contractor (Class B) and swimming
pool contractor (Class C53), as defined by the state of California
Contractors License Law; and any person engaged in the business activity
of subdividing land or developing land; and any person engaged in
the business activity of building construction as the owner thereof,
and not otherwise specifically licensed by other sections of this
chapter, shall be licensed as Category "D."
Category "E" Subcontractors. Any person engaged in the business
activity of a specialty contractor (Class C except C53), shall be
deemed a subcontractor, and if not otherwise specifically licensed
by other sections of this chapter, shall be licensed as Category "E."
Category "F" Real Estate Rentals. Any person engaged in the
business activity of renting, leasing or managing apartments, motels,
hotels, bungalows, auto courts, roominghouses, trailer parks and any
similar residential units or the renting, leasing or managing or industrial
or commercial property or improvements consisting of three or more
units, offices, rooms or spaces, and not otherwise specifically licensed
by other sections of this chapter, shall be licensed as Category "F."
Category "U" Public Utilities.
(A)
Telephone
Companies. Every person engaged in the business of providing telephone
services shall be licensed as Category "A."
(B)
Other
Utility Companies. Every public utility company selling parts or appliances
at retail within the city shall pay a business license fee for said
activity in accordance with the schedule for Category "A."
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Category "V" Vending Machines (Coin Operated) Any person engaged
in a business which is limited exclusively to the activity of conducting,
managing, operating or maintaining any laundry or cleaning machine,
amusement device, or vending machine or device dispensing tangible
personal property, not otherwise licensed under this chapter, and
not prohibited by law, wherein a sum of money is charged or collected
for such machine or device by means of a coin slot or otherwise, shall
be licensed as Category "V-1."
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Any person conducting, managing, operating or maintaining on
his premises any laundry or cleaning machine, amusement device or
vending machine or device dispensing tangible personal property, which
machine or device is incidental to the ordinary business being conducted
on the premises and which is not otherwise licensed under this chapter,
and not prohibited by law, wherein a sum of money is charged or collected
for such machine or device by means of a coin slot or otherwise, shall
be licensed as Category "V-2."
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Every person required to be licensed as Category "V-1" shall
file a statement with the license collector setting forth the reportable
gross annual receipts of the licensee's business during the preceding
calendar year. Said statement shall be upon a form provided by the
license collector, signed under penalty of perjury, and shall be submitted
with the remittance of the license fee shown to be due.
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No person required by this section to be licensed as Category
"V-1" shall place any such machine for use at any location in the
city unless there is affixed in a conspicuous place on each such machine
a valid sticker or seal furnished by the city. The license collector
or the chief of police may seal the coin slot or receptacle of any
machine found without such a sticker or seal.
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The owner of the business wherein the machine or device is located
shall be responsible for the full amount of the license fee if the
owner of the machine or device has not paid the full fee when due.
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Government owned vending machines dispensing postage stamps
of the United States Postal Service are exempt from the terms and
provisions of this section.
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Category "X" Exceptions. Any business not specifically included by name or description within Categories "A" through "F," inclusive, and Categories "U" and "V," as defined above, and not specifically provided for as an exception in Section 5.08.060, shall be classified as Category "X."
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Category "Y" Youth—Self-employed. Any person, a resident
of the city, eighteen years of age and under, who is in regular attendance
at any private or public school and who has the written permission
from the superintendent, principal or master of the school, may make
application to and receive a special license from the license collector
to conduct business as Category "Y." The Category "Y" license shall
be issued only if the business activity to be conducted by the applicant
is of the nature of self-employment, with no employees working for
the applicant; and if no other licenses or permits, including zoning,
are required from the city.
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(Ord. 1181 § 2, 1992)
(a)
The
license collector, at his or her discretion, is empowered to issue
a license to a contractor, specialty contractor or subcontractor for
a period of three or six months. If the license is issued on or before
the fifteenth day of a month, it will be dates and be effective as
of the first day of said month. If the license is issued after the
fifteenth day of the month, it will be effective immediately, but
will expire either three months or six months from the first day of
the succeeding month. The fee payable hereunder cannot be applied
as a credit toward a full year business license fee in the event such
license is required and applied for at a subsequent date. The fees
applicable to applicants under the provisions of this subsection are
set forth in a schedule to be adopted by city council resolution.
(b)
The
license collector, at his or her discretion, is authorized to issue
a license to a part-time, selfemployed person engaged in a home occupation
which has received approval by the planning department for a residential
business, or is engaged in the sale of the products of the individual's
arts or handicrafts, or similarly related hobby activity; or to a
part-time, self-employed person engaged in providing recreational
or craft instructions exclusively for governmental agencies, all in
accordance with the fee schedule set forth by separate resolution.
(Ord. 1181 § 2, 1992)
License fees for all categories of businesses shall be set forth
in a schedule to be adopted by separate resolution.
(Ord. 1181 § 2, 1992)
The following businesses are determined to be of a special nature and not otherwise capable of definition according to the categories established in Section 5.08.030. All businesses classified in this section shall pay a license fee set forth in a schedule to be adopted by separate resolution. All businesses classified in this section shall also pay those fees stated in Section 5.08.020 pertaining to the number of employees in excess of one involved in the business, the number of vehicles in excess of one involved in the business, and the number of vending or amusement machines involved in the business as described under Category "V-2" of Section 5.08.030. The following commercial entities that cannot be defined by Section 5.08.030 are stated below:
(1)
Amusement
and Recreation Centers (CM). These include, but are not limited to,
the following: boxing or wrestling exhibitions; carnival tent shows;
open air shows; or in hall or building constructed for theatrical
purposes; automotive racing or recreation; skating rinks; athletic/sport
facilities; stadium facilities; amusement centers; rooms, businesses
or parlors containing recreational devices and devices for entertainment,
including, but not limited to, pool tables, billiard tables, bowling
alleys, batting cages, trampolines, games of skill, games of non-skill
and amusement games;
(2)
Baths
(CM);
(3)
Circuses
(CM);
(4)
Dance
Halls or Dancing Establishments (CM). For the purposes of this section,
the following shall be defined: "Public dance hall" is a place open
to the public upon the payment of an admittance fee wherein music
is provided and people are allowed to dance, which is open at regular
intervals or regular days of the week. "Public dance" is a dance open
to the public for an admittance fee or charge, which is held on one
day only. "Dinner-dancing place" is a place which is operated in the
ordinary course of business as a restaurant and where music is provided
and the public is permitted to dance without payment of a fee;
(5)
Geophysicists
core and test drilling (CM);
(6)
Junk
collector or junk dealer (CM);
(7)
Oil
well driller and drilling (CM);
(8)
Pawnbroker
(CM). Includes every person conducting, managing or carrying on the
business of loaning money either for him or herself, or for any other
person, upon any personal property, personal security, or purchasing
personal property and reselling or agreeing to resell such property
to the vendor or other assignee at prices previously agreed upon.
Nothing in this section shall be deemed to apply to the loaning of
money or personal property or personal security by any bank or savings
and loan association authorized to do so under the laws of this state
or the United States;
(9)
Rentals;
(10)
Solicitors, Transient Merchants, Sidewalk Vendors, and Peddlers. Includes, but is not limited to, the following: peddlers of dry goods and hardware; peddlers of food; solicitors or canvassers; and soliciting by telephone (CM). All persons described in this subsection must comply with all the provisions of Chapter 4.20;
(11)
Stereopticon, biograph, moving pictures (CM);
(12)
Theaters and Theatricals (CM). Includes drive-in/outdoor theaters and indoor or walk-in theaters. For purposes of this section, every indoor or walk-in theater building which is separated into independent programming areas for which separate admission fees are charged to patrons shall be considered as housing separate theaters, for each of which a separate license is to be obtained. For drive-in/outdoor theaters, a separate license shall be obtained for snack bars, food stands and other concessions, in accordance with Sections 5.04.300 and 5.08.030.
Nothing in this subsection shall be deemed or construed to require
the holder of a theater license issued pursuant to the provisions
of the preceding paragraph to procure an additional license to conduct,
manage or carry on any theatrical or vaudeville performance, or to
exhibit any moving or motion pictures at any theater so licensed;
and
(13)
Vehicular Advertising (CM).
(Ord. 1181 § 2, 1992; Ord. 1547 § 6, 2019)
All applications for a business license for the following described businesses must be submitted to and be approved by the city manager in accordance with the provisions of Chapters 5.04 and 5.08.
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Category
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|---|---|
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Ambulance service
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A
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Amusement and recreation centers
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X
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Auctioneer
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X
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Auto wrecker. For the purpose of this section, "auto wrecker"
means and includes any person who buys any motor vehicle for the purpose
of dismantling or disassembling, or who dismantles or disassembles
any such motor vehicle, whether for the purpose of dealing in the
parts thereof or using the same for purpose of reconditioning any
other vehicle, or for the purpose of selling or otherwise dealing
in the materials of such vehicle or vehicles.
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A
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Bail bond broker or house
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A
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Baths
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X
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Circus
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X
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Curb painting
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A
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Dance hall or dancing establishment
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X
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Detective agency or detective, merchant patroler, patrol systems
and security guards
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A
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Geophysicists
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X
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Hypnotism
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A
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Junk collector and dealer
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X
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Massage parlor
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A
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Naturopath
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C
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Oil well driller and drilling
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X
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Pawnbroker
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X
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Sidewalk vendor
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X
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Skating rink
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X
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Soliciting by telephone
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X
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Stereopticon, biograph and moving pictures
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X
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Theaters and theatricals
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X
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Vehicles for hire. Every person conducting, managing or carrying
on a taxi business or renting the use of a motor propelled vehicle
for the transportation of persons to be driven by the person hiring
or renting same at rates per mile, trip, hour, day, week or month
and when such vehicles are routed under the direction of the person
hiring same. "For hire" includes sightseeing and cruising automobiles,
and public transportation.
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X
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Vehicular advertising
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A
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X
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(Ord. 1181 § 2, 1992; Ord. 1547 § 7, 2019)
