It shall be the responsibility of the director of planning and
building, or the director's designees, to administer the provisions
of this chapter.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
No
person shall transact and carry on any business, trade, profession,
calling or occupation in this city without first having procured a
license from the city to do so or without complying with any and all
applicable provisions of this article.
(b)
No
license shall be issued unless the applicant is in compliance with
all applicable laws related to the business, trade, profession, calling
or occupation of the applicant, including without limitation, zoning,
building or similar laws applicable to the use or occupancy of the
location, building or structure where the business is conducted or
activity is proposed to be conducted.
(c)
The
license issued under this chapter is an annual license.
(Ord. No. 95-1, § 1, 2-8-95)
No person shall knowingly or intentionally misrepresent to any
officer or employee of the city any material fact in procuring the
license or permit herein provided for.
(Ord. No. 95-1, § 1, 2-8-95)
Every person required to have a license under the provision
of this article shall make application for the same to the director
(Code 1957, § 2141). Such application will be made at least
five days before such business license is to be issued. Application
for renewal must be made within 30 days of the expiration date of
the license.
(Ord. No. 95-1, § 1, 2-8-95)
Upon making application for, or renewal of a license issued
pursuant to this article, or when renewing a current license, applicant
shall furnish a certified statement, upon a form provided by the director,
setting forth such information as may be therein required.
(Ord. No. 95-1, § 1, 2-8-95)
A minimum application fee is required for the processing of
any license application. This fee shall be in addition to the business
license tax and shall not be prorated. The fee shall not be refunded
if the application is rejected. The fee may be adjusted from time
to time by resolution of the city council. The business license officer
may waive the application processing fee in the case of a bona fide
nonprofit charitable or otherwise fee-exempt license.
(Ord. No. 95-1, § 1, 2-8-95)
Upon making an application for a license required by this article,
and upon the payment of the prescribed tax, the director shall issue
to such person a license which may contain the following:
(1)
The
license number of the license;
(2)
The
name of the person to whom the license is issued;
(3)
The
name of the business licensed to include both the actual and fictitious
names to whom the same is issued;
(4)
The
kind of business, profession, show, exhibition, game, occupation or
enterprise licensed;
(5)
The
place where such business is to be transacted and carried on;
(6)
The
expiration date of the license;
(7)
A
statement that this license is issued without verification that the
licensee is subject to or exempt from licensing by the State of California;
and
(8)
Such
other information as may be necessary for the enforcement of the provisions
of this article.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
A
separate license must be obtained for each branch establishment or
location of the business transacted and carried on and for each separate
type of business conducted at the same location; and each license
shall authorize the licensee to transact and carry on only the business
licensed thereby at the location or in the manner designated in such
license.
(b)
Separate
licenses must also be obtained for "warehouses" and "distribution
plants" which are not located at the same address as the business
for which the license is issued; provided that any warehouse or distribution
plant used only in connection with and incidental to a business license
issued under the provisions of this article shall not pay a fee for
the separate business license to be issued.
(Ord. No. 95-1, § 1, 2-895)
A duplicate license may be issued by the director to replace
any license previously issued in accordance with this article which
has been lost or destroyed if the following conditions are met:
(1)
The
licensee must file a certified statement attesting to the fact that
his license has been lost or destroyed; and
(2)
The
licensee must pay a duplicate license fee of $10, which fee may be
adjusted from time to time by resolution of the city council, to the
director at the time of filing the certified statement.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
No
license issued pursuant to this chapter shall be transferable or assignable.
(b)
Where
a license is issued authorizing a person to conduct a business at
a particular place, such licensee may, upon application therefor and
upon paying a charge, which charge may be adjusted from time to time
by resolution of the city council, have the license amended to reflect
the new location at which the same business will be conducted.
(c)
When
a person holding a license issued under the provisions of this chapter
changes the name of the business, such person shall upon changing
the name make an application therefor and paying a charge as may be
set from time to time by resolution of the city council, have said
license amended to authorize the conducting of such business under
said license under the changed name.
(d)
Any amended license issued under this section shall be subject to section 16-17 of this article.
(e)
Notwithstanding
any provision of this code, a license shall become null and void upon
a change in use or occupancy of the location, building or structure
where the business or other activity is being conducted, and a new
license shall be procured for activities which require a license prior
to any change in activity at the location, business or structure.
(Ord. No. 95-1, § 1, 2-8-95)
All licenses issued pursuant to this article must be posted
or carried on the licensee's person in the following manner:
(1)
Posting
upon premises. Any licensee 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 transacted.
(2)
Keeping
license upon person. 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.
(Ord. No. 95-1, § 1, 2-8-95)
No person holding a license required by this chapter shall permit
any unlicensed independent contractor, itinerant merchant, or other
person to use the license, the licensed premises or the licensee's
name for any purpose.
(Ord. No. 95-1, § 1, 2-8-95)
Any person carrying on a temporary business within the city
shall apply for a temporary business permit, and shall not conduct
any business until such permit is issued.
(Ord. No. 95-1, § 1, 2-8-95)
The application process for the permit shall be the same as
that required for a business license, with the addition that, if the
temporary business consists of peddling or soliciting, a list of all
persons conducting said business will be provided, and a separate
permit issued in the name of each individual.
(Ord. No. 95-1, § 1, 2-8-95)
The fee imposed for operating a temporary business shall be
$5 per day.
(Ord. No. 95-1, § 1, 2-8-95)
The use of signs, circulars, business cards or telephone book,
newspaper or other advertising, which uses represent that a person
is conducting a business within the city, shall be prima facie evidence
that a person is doing business within the city. Additionally, holding
an active license or permit issued by a governmental agency indicating
that a person is in business within the city, shall also be prima
facie evidence that such person is doing business within the city.
(Ord. No. 95-1, § 1, 2-8-95)
