The purpose of providing the business license ordinance is for the collection and maintenance of a business database; to identify all businesses operating in the unincorporated areas of the county; to enhance the efficiency of business retention efforts; and to guide business owners to the proper locations to give them an understanding of county regulations affecting their business. Therefore, it is the intent of the board of supervisors of the county of Merced to authorize that no person shall maintain, conduct, or carryon a business, whether or not for profit, located in whole or in part at a fixed place of business within the county and outside the limits of any incorporated city, without first obtaining a license to operate as herein provided. In those instances, identified under Title 6, Chapters 6.04 through 6.58 of this code, businesses may also be required to obtain a specific permit or license to operate.
(Ord. 1705 § 1, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
For the purpose of this chapter, the following terms are defined
as follows:
means the board of supervisors of Merced County.
means an occupation, profession or trade; the purchase and sale of wares, merchandise or goods from a motor vehicle or temporary roadside stands; engagement in commerce, manufacturing, or the provision of a service; a building or locale where commerce is carried on. Other definitions of businesses identified under Title 6, Chapters 6.04 through 6.58 of this code are applicable.
means a license issued by the department of commerce, aviation
and economic development and required pursuant to the provisions of
this chapter.
means the county of Merced generally and the unincorporated
area of the county, particularly, depending on the context in which
it is used.
means the Merced County department of commerce, aviation
and economic development or duly authorized assistants who may be
charged with the issuance of business licenses and collection of the
fee. Also, referred in this chapter as CAED Department.
means a place of business in the unincorporated area of the
county occupied for a particular purpose of conducting business.
means any business operated in a residentially zoned location.
means an organization exempt from payment of bank and corporation
taxes under the provisions of the California Revenue and Taxation
Code Section 23701 and an organization to which contribution or gift
would be a charitable contribution under Internal Revenue Service
regulations.
means any person or persons, or any partner or partnership,
firm, trust, corporation, association, club, society, or any other
entity transacting and carrying on any business in the county other
than as an employee, including the soliciting of charitable contributions
or donations through gift or sale of merchandise.
means a license issued by the department of commerce, aviation
and economic development for a limited term use of 30 days or less.
|
Note: Whenever reference in this chapter is made to the board
of supervisors, the department of commerce, aviation and economic
development, or any other department or office, division, officer
or official, the reference shall be deemed to include a county employee,
as subordinate to the officer or official to whom an appropriate delegation
has been made, and shall be entitled to exercise power or authority
and perform the duty.
|
(Ord. 1705 § 2, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
This chapter shall apply to all businesses being operated and
conducted within the unincorporated area of the county. Every person
not having a fixed place of business within the county shall pay a
license fee set forth in this chapter for persons engaged in the same
type of business having a fixed place of business within the unincorporated
area of the county. The determination of the type of business an applicant
is engaged in, or about to engage in, shall be the administrative
function of the department of commerce, aviation and economic development.
(Ord. 1705 § 3, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
To obtain
a business license to operate, written application must be made to
the department of commerce, aviation and economic development on forms
provided by the before mentioned department, and shall contain provision
for verification of each application by the applicant and a provision
for showing that the applicant, if not the owner of the real property
on which the "fixed place of business" is or will be situated,
has permission or authority to operate at said location.
B.
Upon
the filing of an application for a business license, the meeting of
the requirements of this chapter shall not supersede or negate compliance
with other state and local laws and/ or the requirements pertinent
to other county departments.
C.
The
department of commerce, aviation and economic development shall charge
and collect the business license fees as illustrated in Exhibit A
of the ordinance codified in this chapter provided, however, that
the payment of business license fees may be waived at the discretion
of the business license appeals board upon a showing of good cause.
D.
Fees for the issuance and renewal of business licenses shall be paid at the time of and with the filing of the application or renewal with the department of commerce, aviation and economic development. Fees associated with specific businesses listed under Title 6, Chapter 6.04 through 6.58 of this code shall be paid to the sheriff's department or other department as specified. All fees for an appeal shall be paid at the time of and with the filing of appeal. No application or request for appeal shall be deemed valid or complete until all prescribed fees have been paid.
E.
No person
shall be entitled to a business license or renewal, and the department
of commerce, aviation and economic development shall not issue such
license or renewal to any person, if prior business license fees are
delinquent.
F.
The
board of supervisors may, by ordinance, prescribe fees for the issuance
and renewal of business licenses and temporary business licenses and
fees for filing appeals relating to denial for such licenses or the
revocation thereof. Such fees shall be for the purpose of defraying
costs incurred in the administration of this chapter and business
retention efforts for Merced County, and shall be prescribed in amounts
yielding revenues which do not exceed the costs of administration
of each office and department charged with responsibility under this
chapter.
G.
To the
extent the board determines to be practical, such fees may be varied
in amounts for the business licenses based on types of businesses,
size of businesses, issuance and renewal, and on the basis of other
factors. Enterprises operated by certain types of nonprofit organizations
may be exempt from fees for the issuance or renewal of business licenses,
or appeals associated with the denial or revocation thereof.
H.
The
amount of any business license fee imposed by the provisions of this
chapter shall be deemed a debt to the county. An action may be commenced
in any court of competent jurisdiction for the amount of any delinquent
business license fee and penalties. Should court action be required
to collect any business license fee or penalties, the defendant shall
be liable for costs of suit, including attorney's fee.
(Ord. 1705 § 4, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
The term for the business license and renewal shall be one year
unless revoked sooner or otherwise specified in this chapter.
(Ord. 1705 § 5, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
As required by state law, all persons obtaining a business license
must complete a declaration of coverage affirming that all workers
compensation requirements have been met. The department of commerce,
aviation and economic development or other county authority may, at
any time, require an employer to provide proof of insurance as stated
in California Labor Code 3711.
(Ord. 1705 § 6, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
No business license fee collected under the provisions of this
chapter shall be refundable in any manner, unless the licensee can
document to the satisfaction of the department of commerce, aviation
and economic development that the licensee had overpaid the business
license fee and, within a period of one year from the date on which
overpayment was made, files a claim against the county for a refund
from the CAED department for such overpayment.
(Ord. 1705 § 7, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
It is
unlawful for any person to commence, transact, engage in, or carry
on any business in the county without first having obtained a valid
business license or temporary business license or specific permit,
paid the business license fee, and complied with any and all applicable
provisions of this chapter as specified in this chapter.
B.
If a
person has failed to apply for and secure a valid business license
prior to commencement of the business, in addition to the business
license fee, a penalty of 100% of the business license fee will be
added for each month, or portion thereof, after the due date until
paid.
C.
If the
department of commerce, aviation and economic development has reasonable
cause to believe that a person is conducting business without a business
license and submits a written request to said person to apply for
a business license and such person fails to apply within 30 days of
the request or the CAED department is not satisfied with the information
supplied in any statement or application filed, the department may
determine the amount of the license fee due from such person by means
of information obtained by any county department.
(Ord. 1705 § 8, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
For failure to pay a business license renewal fee due, the department
of commerce, aviation and economic development shall add a penalty
of 100% of said business license fee beginning 30 days after the expiration
date. Business licenses not renewed within 60 days of the license
expiration will be canceled. Persons who fail to renew their license,
and are still in business, will be required to submit a new application
and pay all accrued penalties.
(Ord. 1705 § 9, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
Any person conducting a business licensed under this chapter,
shall post the license to operate in a conspicuous place in the place
of business, shall keep it posted until its date of expiration, and
shall then remove it. No licensee shall conduct or permit to be conducted
the business for which the license has been issued while the license
is not so posted. Every person having a license issued under the provisions
of this chapter shall produce and exhibit it whenever requested to
do so by any authorized county staff. Any person conducting a business
as of the date of the enactment of the ordinance codified this chapter
or at any other time thereafter in more than one location in the unincorporated
area of Merced County, shall post at each location a business license
to operate or a duplicate thereof issued by the CAED department. No
fee will be charged by the CAED department for the issuance of a duplicate
business license for the purposes of posting at a second location
of the same business. Any licensee not operating from a fixed place
of business shall keep the license upon his or her person at all times
while conducting such business.
Any person who has a business license in his or her possession
or under his or her control who willfully fails to post or exhibit
the same on demand is guilty of a misdemeanor and subject to penalties
provided under Chapter 1.28.02 of the Merced County Code.
(Ord. 1705 § 10, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
It shall
be the duty of the CAED department to collect the business license
fee, issue the business license, and perform the duties required by
this chapter. The sheriff's department, building and safety
division of the department of public works, department of planning
and community development, department of health division of environmental
health, fire department, and other county officials may render assistance
as may be requested by the CAED department and the provisions in this
chapter.
B.
The
CAED department may adopt rules and regulations consistent with the
purpose, intent, and expressed terms of this chapter, as they deem
necessary to supplement or clarify such provisions or aid in their
enforcement.
C.
The
CAED department, sheriff's department, building and safety division
of the department of public works, department of planning and community
development, division of environmental health, fire department, and
other regulatory departments delegated such authority, shall be permitted
to enter, free of charge during normal working hours, any such place
of business required to be licensed under this chapter, for the purpose
of inspection or to demand the display of any business license required.
D.
The
CAED department may, during the term of the business license, require
the licensee to complete a business license update form for the purpose
of assuring continued compliance with this chapter. The licensee shall,
within 15 calendar days of the date of mailing by the CAED department
of such an information form, return the completed form to the CAED
department.
(Ord. 1705 § 11, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
In the enforcement of any provisions of this chapter, when a
person shall by use of signs, circulars, cards, telephone book or
newspapers, advertise, hold out or represent that he or she is in
business in the county, or when any person holds an active business
license issued by a governmental agency indicating that he or she
is in business in the county, and such person fails to deny by a sworn
statement given to the CAED department that he or she is conducting
a business in the county, after being requested to do so by the CAED
department, then these facts shall be considered prima facie evidence
that he or she is conducting a business in the county.
(Ord. 1705 § 12, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
No business license shall be required for:
A.
Financial
institutions licensed by the State of California (banks, savings and
loans, credit unions, title and thrift companies) set forth under
the provisions of Article XIII, Section 16, of the Constitution of
the State.
B.
Insurance
companies and associations under the provisions set forth in Article
XIII, Section 16, of the Constitution of the State.
C.
Carries
license under the Public Utilities Commission or Interstate Commerce
Commission.
D.
Childcare
facilities providing for eight or fewer children, and licensed by
the State of California.
E.
Any
minor under the age of 18 years shall be exempt from the business
license fee provisions of this chapter.
F.
County
agricultural land used for vineyards, orchards, row crops, pastures,
animal confinement and poultry facilities, and open land grazing.
(Ord. 1705 § 13, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
No business license issued pursuant to the provisions of this
chapter shall be transferable to another address, owner or type of
business. If any of these circumstances occur, the business license
becomes void and a new business license must be obtained.
(Ord. 1705 § 14, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
Nothing
in this chapter shall be deemed or construed to apply to any person
transacting and carrying on any business exempt from fees by virtue
of the Constitution or applicable statutes of the United States, or
of the State of California.
B.
Any
person claiming an exemption from the fees pursuant to this chapter
shall file a sworn statement, as prescribed and with the department
of commerce, aviation and economic development, stating the facts
upon which the exemption is claimed and shall furnish such information
and verification as may be required. In absence of such statement
substantiating the claim, such person shall be liable for the payment
of the license fee imposed by this chapter.
C.
Upon
a proper showing contained in the sworn statement, the department
of commerce, aviation and economic development shall issue a business
license to such a person claiming the exemption from fees, pursuant
to the provisions of this chapter, without payment to the county of
the license fee imposed by this chapter.
D.
The
department of commerce, aviation and economic development, after giving
written notice to the licensee, may revoke any business license granted
pursuant to the provisions of this section upon information that the
licensee is not entitled to the exemption as provided in this chapter.
(Ord. 1705 § 15, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
Any nonprofit, charitable organization exempt from payment of
bank and corporation taxes under the provisions of the California
Revenue and Taxation Code Section 23701 and an organization to which
a contribution or gift would be a charitable contribution under Internal
Revenue Service regulations shall be exempt from payment of fees but
shall be required to apply for a business license. This exemption
shall not apply to promoters employed by such nonprofit institutions,
corporations or associations.
(Ord. 1705 § 16, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
A separate
business license shall be obtained for each branch and establishment
or place of business in the unincorporated area of the county. If
more than one business is operated from the same location and by the
same person, a separate business license is required for each type
of business.
B.
Warehouses
and distribution plants used in connection with and incidental to
a business licensed under the provisions of this chapter shall not
be deemed to be separate places of business or branch establishments.
C.
In instances
where space within an office building, shopping center, warehouse,
department store or other structure or property is leased for business
or commercial use, each tenant of the premises operating an enterprise
required to be licensed hereunder shall apply for and obtain the necessary
business licenses as prescribed by this chapter.
(Ord. 1705 § 17, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
All persons obtaining a business license to conduct a business
from their home must comply with all restrictions, regulations and
zoning ordinances required by the building and safety division of
the department of public works, department of planning and community
development, division of environmental health, the department of commerce,
aviation and economic development, and other county departments.
(Ord. 1705 § 18, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A duplicate license may be issued by the department of commerce,
aviation and economic development to replace any business license
previously issued under the provisions of this chapter which has been
lost or destroyed, upon the licensee filing an affidavit attesting
to such fact, and at the time of filing such affidavit paying to the
CAED department a fee for processing a duplicate business license.
The fee for such duplicate business license shall be a charge of $15.
(Ord. 1705 § 19, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
Persons
required to pay a business license fee for transacting or 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 county
and shall remain subject to the regulatory provisions of other ordinances.
B.
No person
shall be entitled to a business license, nor shall the CAED department
issue a business license to any person commencing business, unless
and until said person shall have complied with all applicable county
ordinances.
(Ord. 1705 § 20, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
Violation
of any part of this chapter, including any applicant or designee who
knowingly or intentionally misrepresents to any officer or employee
of the county any material fact in obtaining the business license
provided for by this chapter, is a misdemeanor and is punishable as
provided by Chapter 1.28.02 of the Merced County Code and California
Government Code Section 25132.
B.
Civil
action may be instituted by the department of commerce, aviation and
economic development to collect delinquent business license fees.
In addition to delinquent fees collected, the county shall be entitled
to the actual court costs incurred and any recovery costs charged
for an investigation by any regulatory county department.
(Ord. 1705 § 21, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
The department of commerce, aviation and economic development
may refuse to issue a business license if any of the following conditions
exist:
A.
Fraudulent
representations in the application;
B.
Failure
to furnish all information required by the application;
C.
Failure
to pay the required business license fees;
D.
When
such business would be an improper land use under the county zoning
ordinance;
E.
Failure
to pay current personal property taxes when due on personal property
held in connection with the business licensed under this chapter;
F.
The
structure proposed for occupancy does not meet the inspection requirements
of the building and safety division of the department of public works;
G.
Violation
of any federal or state law, or failure to meet the approval of any
state or county agency having regulatory authority over that business,
including but not limited to the sheriff's department, department
of public works, building and safety division, department of planning
and community development, division of environmental health, and the
fire department;
I.
It has
been determined that the health, safety and welfare of the public
is jeopardized.
(Ord. 1705 § 22, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
The
department of commerce, aviation and economic development or other
code enforcement official shall revoke any business license issued
under this chapter if any of the following conditions exist:
1.
Violation
of any condition of the business license;
2.
Violation
of any provisions of this chapter;
3.
Business
license was obtained by fraud;
4.
Failure
to divulge that licensee has been convicted of any crime, including
misdemeanors, involving moral corruption;
5.
Conducting
the business in an unlawful manner or in such a manner as to be a
nuisance to the public's health, safety and welfare;
6.
Failure
to pay personal property taxes when due on personal property held
in connection with the business licensed under this chapter;
7.
A
change is made in the structure occupied for business purposes, so
that it no longer meets the requirements of the building and safety
division;
8.
Violation
to any county ordinance or code;
9.
The
department of commerce, aviation and economic development or other
code enforcement official shall execute an order immediately suspending
a business license pending the next meeting of the appeals board,
when the CAED department determines that the sheriff, the fire marshal,
the director of environmental health, director of planning and community
development, the building and safety division of the department of
public works or the director of the department of animal control has
brought an accusation against the business containing allegations
that the business is operating in violation of any federal, state,
or local law or regulation, and as a result of the violation, an imminent
threat to public peace, health or safety exists.
B.
No business
license may be revoked until the department of commerce, aviation
and economic development or other code enforcement official gives
such business owner personal notice. Personal notice shall be in the
form of a notice of intent to revoke license which will be delivered
to the owner of the business in any of one of the following manners:
1.
By
certified or registered mail addressed to the owner of the business
as the owner's name and address appear on the application for
a business license;
2.
By
delivering the notice in person to the owner, any partner or corporate
officer named on the application for a business license;
3.
By
delivering the notice to any employee of the owner at the fixed place
of business specified in the application for a business license;
4.
By
posting the notice in a conspicuous place upon the premises of the
fixed place of business as specified in the application for a business
license.
C.
The
notice of intent to revoke the business license, dated and signed
by the department of commerce, aviation and economic development or
any authorized employee, shall identify the business license affected
by number, name of business and specify the grounds for which the
business license is to be revoked. The revocation, as specified in
the notice, shall become effective after the appeal period has expired
(except when imminent threat to public peace, health and safety exists,
in which case, suspension shall be immediate).
D.
Upon
revocation of any business license, no part of the fee paid maybe
refunded.
E.
No person
may secure any business license that has had a license issued under
this chapter revoked within the proceeding six months.
(Ord. 1705 § 23, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
A.
Any
person aggrieved by a decision of the department of commerce, aviation
and economic development, or other approving authority, with respect
to the issuance of, refusal to issue or revocation of a business license,
or the need for a business license, may appeal to the business license
appeals board, in writing, with a statement of the reason(s) or fact(s)
for the appeal; citing the law(s), rule(s) and regulation(s) or procedure(s)
on which the appeal is based. All appeals to the business license
appeals board must be in writing and received by the secretary to
the business license appeals board (director of CAED) seven days following
the rejection of application or renewal, order of immediate revocation
or suspension, or notice of intent to revoke license. Any person filing
an appeal with the business license appeals board that does not follow
the procedures set forth in this chapter shall not be considered.
Upon receipt of the written statement, the business license appeals
board will meet to resolve the appeal within 30 days. The decision
of the business license appeals board shall be final.
B.
The appellant may appear in person or by counsel and present any relevant evidence relating to grounds for refusal or revocation of the license or the lack of such grounds. The department of commerce, aviation and economic development or other approving authority may present evidence in rebuttal thereof. The hearing may be continued from time to time, not to exceed 30 days in all. The business license appeals board shall find and determine from the evidence submitted whether one or more of the grounds specified in Section 6.02.220 or 6.02.230 for the refusal or revocation of the license existed, direct the issuance or reinstatement of the license if the finding is that no such grounds existed, or affirm the refusal or revocation if the board's finding is that the grounds do exist. Upon a showing of good cause, and solely in its discretion, the business license appeals board may waive the payment of business license.
C.
The
business license appeals board will consist of five individuals, appointed
by each of the five district supervisors, to serve four-year terms.
Each member selected to the business license appeals board will be
a representative from the private business sector in each of the five
supervisorial districts.
(Ord. 1705 § 24, 2003; Ord. 1712 § 1, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006; Ord. 1808 §
1, 2007)
The purpose of a temporary business license is to establish
those businesses and/or employees that require a business license
for a limited time period prior to the commencement of operation.
Temporary business licenses are issued to persons for temporary business
activities of 30 days or less.
A.
All
applications for a temporary business license shall be filed with
the CAED department. The CAED department shall collect the required
fee for the application as specified in Exhibit A of the ordinance
codified in this chapter, assure the application is complete and forward
the application to the sheriff's department, or other regulatory
county departments if applicable, for processing, investigation and
approval if required. If the temporary business license is denied,
the applicant will be informed in writing and advised of his or her
right to appeal.
B.
Upon approval by the department of commerce, aviation and economic development and other regulatory county departments if required, the temporary business license will be issued to the applicant. All business licenses are issued by the department of commerce, aviation and economic development with the exception of those businesses specified in Chapters 6.04 through 6.58 of Title 6 of this code which are issued by the sheriff's department and whose fees are determined by the sheriff's department.
C.
A temporary
business license will not be issued if any of the following conditions
exist:
1.
The
issuance of such a license would be detrimental to the public's
health, safety or welfare;
2.
The
applicant has been convicted of a felony or a crime involving moral
corruption;
3.
The
applicant has made a willfully false statement on his or her application;
5.
The
applicant has failed to comply with applicable state requirements.
D.
The department of commerce, aviation and economic development, department of public works, building and safety division, planning and community development, environmental health, fire marshal, sheriff's department, and any other regulatory county department shall have the authority summarily to suspend any temporary business license issued under this section if he or she has reasonable cause to believe that there are grounds for revocation under Section 6.02.230.
E.
Additional
fees maybe required of temporary business license applicants that
need approval by the sheriff's department or other regulatory
county department.
(Ord. 1705 § 25, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
The execution of the business license requirement will begin
in a sequential phase-in order:
A.
Phase
I (September 1, 2003—December 31, 2003). Every person not having
a fixed place of business within the cities and county of Merced and
engaging in the same type of business within the unincorporated areas
of Merced County; And every person seeking to commence a fixed place
of business within the unincorporated areas of the county and are
compliant with state and local laws, and required fees and approvals
by the department of public works, planning and community development,
environmental health, building and safety division, sheriff's
department, and the fire marshal.
B.
Phase
II (January 1, 2004—April 30, 2004). Every person having a fixed
place of business located within the six cities of Merced County and
engaging in the same type of business within the unincorporated areas
of Merced County.
C.
Phase
III (May 1, 2004—August 31, 2004). Every person having an existing
fixed place of business located within the unincorporated areas of
Merced County.
(Ord. 1705 § 26, 2003; Ord. 1779, 2006; Ord. 1784 § 1, 2006)
