A.
Every
person, firm, corporation, partnership or other business organization
occupying real property within the city for business purposes shall
obtain a business license.
B.
Those persons, firms, corporations, partnerships and organizations not covered by subsection A, but engaged in the activities identified below, shall also obtain a business license:
C.
Where
a charitable organization qualifies as a business by virtue of its
solicitation of funds in public places, the organization must obtain
a business license, but it shall be exempt from payment of the business
license fee.
D.
Every
person subject to the licensing provisions of this chapter, at the
time of the effective date of these provisions, shall make an application
therefor before commencing any business or activity for which a license
is required. The license shall authorize the person obtaining it to
conduct the license activities for the period named in the license.
Licenses which were issued under the prior licensing law and before
the effective date of the ordinance codified in this chapter shall
continue to be valid for one year after the date the license was issued.
(Ord. 89-13 § 3(5.2); Ord. 12-2 § 3)
If the same type of business is carried on by the same person,
firm, corporation, partnership or other business organization at more
than one location within the city, a separate license shall be required
for each location. If more than one type of business is operated by
the same person, firm, corporation, partnership or other business
organization at the same location, a separate business license shall
be required of each type of business.
(Ord. 89-13 § 3(5.3))
A.
Any
person required to apply for and obtain a business license under the
provisions of this chapter shall prepare and submit to the business
licensing officer an application for such license on forms provided
for such purpose by the city.
B.
No business
license shall be issued and no business license application shall
be deemed complete until the applicant has completed and submitted
the sewage discharge questionnaire.
C.
No business
license shall be issued and no license application shall be deemed
complete until the applicant has stated whether or not hazardous materials,
as defined by the Uniform Fire Code as adopted by the city, are located
on any premises to be occupied for business purposes and shall indicate
whether a disclosure form is required for such hazardous materials.
D.
All
applications shall be executed under penalty of perjury.
(Ord. 89-13 § 3(5.1); Ord. 91-2 § 2(F))
All applicants for licenses issued pursuant to this chapter
shall be in the form prescribed by the business licensing officer.
Such form shall require the applicant to state whether or not hazardous
materials, as defined by the Uniform Fire Code as adopted by the city,
are located on any premises to be occupied for business purposes and
shall indicate whether or not a disclosure form is required for such
hazardous materials. All applications shall be executed under penalty
of perjury.
(Ord. 89-13 § 3(5.10(a)))
Licenses to engage in the business of traveling merchant, hawker,
peddler, itinerant vendor or taxicab driver shall be issued or denied
after considering, among other things, the following:
A.
Information
from the applicant sufficient to enable the business licensing officer
to investigate the qualifications of the applicant;
B.
Submission
of a photograph of the applicant for identification purposes;
C.
Fingerprints
from the applicant for the protection of the public should any misuse
of the license occur; and
D.
Submission
of a processing fee as prescribed by resolution of the city council.
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Provisions in this section may be satisfied by showing proof
of a business license for a similar business activity in another jurisdiction
within the Sacramento region consisting of Yolo, Sacramento and Placer
counties.
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(Ord. 89-13 § 3(5.10(b)); Ord. 08-12 § 3)
A.
The
business licensing officer shall refer the application to the police
chief, fire chief, building official, community development director
and director of public works and, if applicable, the health officer
of the county, who shall cause such investigations as they deem appropriate
to be made of the facts stated in the application and of the activity
for which the application is made, and who shall make a report thereon
to the business licensing officer.
B.
If no city or county officer referenced in subsection A of this section has denied the application, the application shall be approved and a business license shall be issued, subject, however, to the subsequent denial by any of the city or county officers referred to in subsection A of this section. Should any city or county officer subsequently deny the application, the business licensing officer shall promptly notify the licensee of the denial of license and of this or her right to appeal that denial under this chapter.
(Ord. 89-13 § 3(5.9); Ord. 91-2 § 2(H))
The business licensing officer shall make his or her order granting, granting with conditions, or denying the application in writing and shall mail a copy thereof to the applicant. The order shall become final on the fifteenth day following such mailing. Such mailing shall identify the steps necessary for the applicant to file an appeal as set forth in Section 5.04.350.
(Ord. 89-13 § 3(5.13); Ord. 91-2 § 2(I))
An order of the business licensing officer granting with conditions or denying an application shall state the reason for such order and the necessary appeal process, pursuant to Chapter 1.08. If an appeal is taken, upon notification to the business licensing officer from the city clerk that the appeal has been approved after a hearing, the business licensing officer shall issue a license without additional application and/or payment of fees.
(Ord. 89-13 § 3(5.18); Ord. 91-2 § 2(J))
The term of a business license shall be one year, plus the remainder
of the unexpired calendar year quarter. Calendar year quarters end
March 31st, June 30th, September 31st and December 31st. Every business
license issued pursuant to this chapter shall terminate at the expiration
of one year, plus the remainder of the unexpired calendar year quarter,
after the date of issuance.
(Ord. 89-13 § 3(5.11))
Unless otherwise specifically allowed by this title, no license
issued pursuant to this chapter shall be transferred from one person
to another person or from one location to another location, or from
one type of business to another.
(Ord. 89-13 § 3(5.8))
When a license specifies the location of the business licensed,
the licensee may conduct such business only at the location specified
in the license.
(Ord. 89-13 § 3(5.4))
A license may be issued pursuant to this title to a corporation
duly authorized to transact business in the state, a limited partnership
which has filed a certificate with the Secretary of State pursuant
to Sections 15621 or 15692 of the Corporations Code, a partnership
or other association of persons, or to a person operating under a
fictitious name, who has complied with the provisions of Chapter 5
of Part 3 of Division 7 of the Business and Professions Code of the
state (commencing with Section 17900) or any statute superseding or
taking the place of such provisions. All such licenses shall indicate
both the true name of the person, corporation, limited partnership
or partnership applying therefor and the fictitious name under which
the business shall operate. Except as otherwise provided in this section,
no business so licensed may operate under any false or fictitious
name.
(Ord. 89-13 § 3(5.5))
Licenses shall not be granted pursuant to this chapter which
permit any occupation or activity of any kind which is prohibited
by this title or any other law or by any statute, rule, order, decision
or regulation.
(Ord. 89-13 § 3(5.6))
Under certain circumstances, a new or renewal license may be
issued in the absence of affirmation or inspection by the various
officers who identify deficiencies or violations of laws to be enforced.
Such circumstances are the result of the time periods set to promote
the expeditious processing of applications and reduce delays to waiting
applicants. For such reasons, a license may be issued notwithstanding
the existence of violations of the law sought to be enforced. Neither
the issuance nor the receipt of a license shall constitute evidence
of compliance with the laws sought to be enforced or a representation
or assurances to the recipient upon which reliance is authorized or
intended by the city that the enterprise for which the license is
issued or the property or premises upon or in which the enterprise
is located complies with such laws.
(Ord. 89-13 § 3(5.7))
Each application and each appeal shall be accompanied by such fee as is prescribed by resolution of the city council, except as provided in Section 5.04.180(D). The submission of an application or an appeal shall not be deemed to be complete until such fees are paid to the business licensing officer.
(Ord. 89-13 § 3(5.12))
Any business license issued pursuant to this chapter may be suspended or revoked by the hearing officer assigned by the city clerk if he or she finds upon review of a petition for suspension from any city or county officer listed in Section 5.04.230(A) that:
A.
A court
of competent jurisdiction has determined that the establishment, business
or activity has caused or become a public nuisance;
B.
The
licensee has violated a condition of the business license;
C.
Due
to a change in circumstances and conditions, the continuance of the
establishment, business or activity is hazardous to the public health,
welfare or safety;
D.
The
applicant for the permit made a material misrepresentation of the
facts in the application or supporting statements; or
E.
The
establishment, business or activity is maintained in violation of
the standards prescribed by this chapter.
(Ord. 89-13 § 3(5.14); Ord. 91-2 § 2(K))
A petition to suspend a business license shall be filed with
the business licensing officer or his or her representative accompanied
by a statement of the grounds or reasons for such action. The city
clerk shall serve the licensee with a notice of suspension and a copy
of such petition by certified mail. The notice will provide the licensee
with the process for appeal and/or correction process required to
reinstate the license.
(Ord. 89-13 § 3(5.15); Ord. 91-2 § 2(L))
Upon notification of suspension, the affected business licensee may appeal the suspension by the procedures set forth in Chapter 1.08 of the city code. The business licensee may continue to operate his or her business during the hearing and appeal process until a final decision has been rendered.
(Ord. 89-13 § 3(5.16); Ord. 91-2 § 2(M))
Upon receipt by the business licensing officer that an appeal
of the order of suspension has been approved after hearing, a license
will be issued without need for additional application and/or payment
of fees.
(Ord. 89-13 § 3(5.17); Ord. 91-2 § 2(N))
