The conviction and punishment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license fee due and unpaid at the time of such conviction, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this code. Any business violating any of the provisions or failing to comply with any of the provisions of the Palm Springs Municipal Code or any Emergency Order shall be subject to business license revocation proceedings, pursuant to Chapter
3.64 of this code. All remedies prescribed hereunder shall be cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this title, or any other provisions of this code. Nothing contained in this Code shall be deemed to create a mandatory duty on the part of the City or any of its officers or employees to enforce this Division or enforce it in any particular manner.
(Prior code § 2141; Ord. 908 § 2, 1971; Ord. 2026 § 13, 2020)
Nothing herein shall prevent a criminal prosecution for any
violation of the provisions of this code.
(Prior code § 2142; Ord. 908 § 2, 1971)
Every person having a license shall produce and exhibit the
same whenever requested to do so by any police officer, or by any
officer authorized to issue, inspect or collect licenses.
(Prior code § 2143; Ord. 908 § 2, 1971)
All licenses shall be kept and posted in the following manner;
and no person having a duty to do so, shall fail, refuse or neglect
to comply with the following regulations:
(1) Any
licensee transacting and carrying on a 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 in
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
within the city;
(3) Any
licensee using a motor vehicle in connection with his business shall
affix decal to the right hand lower corner of the windshield of such
vehicle; said decal to be furnished by the city, showing that a license
has been issued.
(Prior code § 2144; Ord. 908 § 2, 1971)
In no case shall any mistake by any officer or employee of the
city in stating the amount of a license tax prevent or prejudice the
collection by the city of what should be actually due from any person
carrying on a business subject to a license under the provisions of
this title.
(Prior code § 2145; Ord. 908 § 2, 1971)
The city shall not be bound by the mistake of any officer or
employee of the city in issuing a license contrary to the terms of
this title.
(Prior code § 2146; Ord. 908 § 2, 1971)
Any business license issued by the city may be conditioned,
modified, suspended, or revoked for cause by the Collector pursuant
to this section.
A. A hearing
to determine whether or not an existing license should be conditioned,
modified, suspended, or revoked shall be initiated by a written statement
of charges. Such statement may be initiated by any department authorized
to regulate the licensed activity for compliance with city laws and
regulations. Such statement shall be submitted to the Collector.
B. If the
Collector determines that a hearing is warranted, notice of said hearing,
including the date, time and location, shall be made to the licensee
as follows:
1. Notice
shall be mailed, postage prepaid, to the business.
2. If
the business maintains a physical location within the City, notice
of the hearing shall be posted on the site at which the business is
located.
C. A revocation
hearing shall include the following procedure:
1. The
hearing shall be heard by the Collector or the Collector's designee.
2. The
licensee or legal representative of the licensee shall have the right
to bring witnesses to testify on his or her behalf.
3. Hearings
need not be conducted according to technical rules relating to evidence
and witnesses. Oral evidence shall be taken only on oath or affirmation.
4. The
collector shall issue his or her decision by written decision. The
decision shall contain a determination of the issues presented.
D. The
Collector may condition, modify, suspend, or revoke a business license
for any business activity required to be licensed under this division
if the Collector finds one or more of the following:
1. That
the building, structure, or equipment used in the conduct of the business
does not comply with or fails to meet any health, zoning, fire, and
building and safety laws of the state of California or any City ordinances;
2. That
the licensee has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a license, or in
any report or record to be filed with the City;
3. That
the licensee has violated any provision the Palm Springs Municipal
Code or any Emergency Order;
4. That
the licensee has violated any conditions or restrictions of the license;
5. That
the licensee has been held liable or convicted of any offense involving
the maintenance of a nuisance resulting from any act performed in
the exercise of any rights permitted by the issuance of the subject
license;
6. That
the licensee has violated any rule or regulation adopted by any governmental
agency relating to the licensee's business;
7. That
the licensee has conducted the licensed business in a manner contrary
to the peace, health, safety and the general welfare of the public.
E. Business
license suspension or revocation shall have the following effects:
1. No
business license fee refunds shall be issued to any licensee upon
revocation of a business license.
2. Upon
revocation of any business license for cause under this chapter, no
business license to operate the same business activity shall be granted
to the same person or business within one year after such revocation.
3. Whenever
a license is suspended or revoked, the collector shall take into possession
the business license for the subject business activity. The licensee
shall surrender the business license, license stickers, or similar
evidence of a license to the collector.
4. Upon
revocation or suspension of a business license, the licensee shall
cease operation of the business activity immediately, and any further
operation shall be unlawful. Except as otherwise provided, in the
event that the license is suspended, the licensee may resume operation
once the suspension period has expired.
(Ord. 2026 § 14, 2020)