This chapter shall be known and may be cited and referred to
as the "Business License Law of the City of West Sacramento."
(Ord. 89-13 § 3(1.1))
This chapter is enacted pursuant to the authority conferred
by Section 7 of Article XI of the Constitution of the state, Chapter
3 of Part 2 of Division 3 of the
Government Code (commencing with
Section 37100) and Chapter 1 of Part 1 of Division 7 of the Business
and Professions Code of the state (commencing with Section 16000).
(Ord. 89-13 § 3(1.3))
Persons required to obtain business licenses pursuant to this
chapter may also be required to obtain other permits or licenses under
other provisions of this code. The issuance of a business license
pursuant to this chapter shall not be deemed to excuse the requirement
for any other permit or license. The issuance of any other license
or permit shall not excuse the requirement for a business license.
The provisions of this chapter are declared to be independently applicable
to each business to which the provisions of this chapter apply.
(Ord. 89-13 § 3(1.4))
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases are defined as set forth
in this section:
"Building codes"
mean the Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electrical Code, Uniform Fire Code,
and all amendments thereto, as adopted by the city.
"Building inspector"
means the building official of the city, or his or her representative.
Business.
1.
"Business"
means any trade, manufacturer, profession, occupation or
service of all and every kind, whether or not carried on for profit
or for charitable, philanthropic or other purposes, including the
arrangement of business transactions, holding sales or training meetings
and administrative conferences, the receipt of client or customer
payments, and the keeping of records and accounts pertaining to a
business. Notwithstanding subsection 2 of this section, "business"
shall not include any activity, corporation, partnership, person or
organization of which the city is prohibited by law from requiring
a business license or collecting a business license fee.
2.
A "business"
shall include, but is not limited to, the following:
a.
Manufacturing operations;
b.
Warehouse, corporation yard, or other facilities for the storage
of equipment, merchandise, chemicals, or other property maintained
or stored for commercial purposes;
d.
Stores for the sale of merchandise at retail;
e.
Offices for the providing of legal, medical, engineering, accounting
or other professional services;
f.
Insurance, real estate, or other business or administrative
offices;
g.
Banks, savings and loans, or other financial establishments;
h.
Stores, shops, offices, service stations or other outlets for
the sale of products, performance of repair services (such as repair
of shoes, motor vehicles or appliances), or provision of personal
services (such as equipment rental, barbershops and beauty shops,
cleaners, swimming pool maintenance, or taxicabs);
i.
Motion picture or live entertainment theaters, bowling alleys,
skating rinks, golf courses, racetracks, stadiums, auditoriums, museums,
swim and racket clubs, poolhalls, arcades or other places of public
assembly or gathering;
j.
Hotels, motels or other lodgings where, for compensation, for
intermittent or other overnight use or other uses in which living
units are rented or leased solely on a term of under thirty days,
all or any portion of the property is made available for overnight
occupancy for periods of thirty consecutive days or less;
k.
Restaurants, bars or other establishments for the sale of food
or beverages;
l.
Hospitals, convalescent homes, laboratories, schools or colleges,
or other institutions;
m.
Use for a business or other commercial purpose of a single-family
or other residence (such as day, boarding child, handicapped, and
other care homes required to be licensed under state laws and home
occupations);
n.
The solicitation of funds in public places for charitable (including
religious) or public interest purposes;
o.
Traveling merchants, hawkers, peddlers, itinerant vendors and
taxicab drivers;
p.
Other establishments or uses for business or commercial purposes;
3.
A "business"
shall not include the following:
a.
Apartments, roominghouses, duplexes or other residential facilities
in which living units are rented or leased solely for a term of thirty
days or longer;
b.
Churches to the extent of use for worship, religious education,
or social affairs of the religious group; however, this exception
does not extend to other activities not undertaken primarily for members
of the religious group, including, but not limited to, day schools
and social services programs;
c.
Offices, stores or other facilities maintained without paid
employees by a nonprofit public benefit corporation;
d.
Furnishing vending machines to the premises of another person
or business holding a valid business license;
e.
Activities consisting of producing, or the sale on the property
on which produced, by the producers, of products of cultivation of
the soil and its fruits, and raising and harvesting crops or products
for the rearing, feeding and management of livestock.
"Fire chief"
means the fire chief of the city or, in his or her absence,
the fire marshal of the city, or their designees.
"Fixed place of business"
means a particular location where a business is regularly
conducted on four or more days during any consecutive thirty-day period
by the owner, or agents or employees of the owner, and shall include
a business carried on in a residence.
(Ord. 89-13 § 3(Art. 3); Ord. 91-2 § 2(A); Ord. 05-15 § 2(A); Ord. 08-12 § 2)