For the purpose of this title, the definitions in this section
are adopted and made a part thereof:
Commercial traveler means and includes any person who travels
or goes from place to place within the city and solicits, sells or
takes orders at retail for goods, wares or merchandise for present
or future delivery.
Conduct or carry on means and includes engaging in, carrying
on, owning, maintaining, managing or operating any business, trade,
art, profession, calling, employment, occupation or any commercial,
industrial or professional pursuit, vocation or enterprise in the
city.
Contractor means every person who, for either a fixed sum,
price, fee, percentage or other compensation, other than wages, undertakes
with another to construct, alter, repair, add to or improve any building,
highway, road, excavation or other structure, project, development
or improvement other than to personality, but not including anyone
who merely furnishes materials or supplies without fabricating the
same into or consuming the same in the performance of the work of
the contractor as herein defined.
Department store means a place of business where, within
the same room or building, one person sells or offers for sale more
than three classes of goods or commodities, such as clothing, hats,
shoes, rugs, carpets, millinery, dry goods, hardware, furniture, paints,
oils and paint supplies, crockery and glassware and other articles.
Average number of persons employed shall be determined by
ascertaining the total number of hours of service performed by all
employees of the applicant within the city during the previous year
and dividing the total number of hours of service thus obtained by
the number of hours of service constituting a year's work of one full-time
employee according to the custom or laws governing such employment.
In computing the average number of persons employed, fractions of
hours shall be excluded.
Employee means all persons engaged in the operation or conduct
of any business, whether as member of the owner's family, agent, manager,
solicitor, and any and all other persons employed or working in the
business. For purposes of computing the tax based on employees, the
average number of employees as set forth in subsection E shall be
used.
Fixed place of business means and includes the place at which
the principal tools, equipment or machinery used by any person is
customarily stored or located while not in use in the city or at which
is maintained the principal stock of materials or supplies and the
books and records used by any person in his work in the city.
House means any room, trailer or building used for dwelling
purposes and does not include any room, rooms, building, buildings
or places which are licensed for business activities under and pursuant
to this title.
Peddler means and includes any person who travels or goes
from house to house within the city and peddles, hawks, vends or sells
any goods, wares, medicines or merchandise carried or caused to be
carried or conveyed by the person peddling, hawking, vending or selling
the same.
Place means any room, building or place in which there is
carried on a business activity licensed under and pursuant to this
title.
Profession includes the following only: architects, attorneys,
certified public accountants, chiropractors, chiropodists, podiatrists,
dentists, engineers, funeral directors and morticians, surveyors,
registered nurses, ophthalmologists, oculists, optometrists, osteopaths,
physicians and surgeons, psychiatrists, psychologists, public accountants,
veterinarians, X-ray technicians and stockbrokers.
Selling means and includes selling, offering to sell or contracting
to sell, at wholesale or retail, any goods, wares, or merchandise
within the city.
Solicitor means and includes any person who goes from house
to house within the city and solicits or takes orders at retail for
any services, goods, wares or merchandise for future performance or
delivery.
Subcontractor means every contractor who, under a general
contractor, takes part in the construction, alteration, repair, addition
to or improvement of any building, highway, road, excavation or other
structure, project, development or improvement as above set forth
in the definition of contractor in subsection C.
(Ord. 30 § 1, 1973; Ord. 64 § 1, 1974)
It is unlawful for any person, whether as owner, manager, agent,
clerk, employee, or as an officer of any corporation, or otherwise,
to commence, manage, engage in, conduct or carry on any business,
vocation, profession, calling, show, exhibition or game, in this title
specified, in the city, without first complying with any and all regulations
for such business, vocation, profession, calling, show, exhibition
or game contained in this title. The carrying on of any such business,
vocation, profession, calling, show, exhibition or game specified
in this title without first having procured a license from the city,
or without first having complied with any and all regulations for
such business, vocation, profession, calling, show, exhibition or
game contained in this title shall constitute a separate violation
of this title for each and every day that such violation or failure
to comply is continued, permitted or committed.
Any licensee who, in the performance of any act authorized within
the city as a result of issuance of the license, violates any state
or local law shall forfeit all rights to continue the use of the license.
The violation may be the sole reason for denial of a license renewal
for a period determined by the city manager but in no case greater
than any period of probation given as a condition of the violation.
Any licensee who, after receiving an order to stop work issued
by the city, continues to work in violation of the stop work notice,
shall be given a notice to immediately appear before the director
of public works who will determine, after review of the evidence presented,
whether or not the license issued under this chapter should be forthwith
revoked. The decision of the director may be appealed to the city
council. Pending decision of the city council, the decision of the
director will remain and be determinative of the status of the license
at issue.
(Ord. 30 § 2, 1973; Ord. 390 § 1, 1987)
The amount of each license charge imposed by this title or each
sum required to be paid hereunder shall be deemed a debt due the city
from any person who engages in any business, vocation, profession,
calling, show, exhibition or game required to be licensed, and an
immediate cause of action shall accrue to the city for the collection
thereof in any court of competent jurisdiction.
(Ord. 30 § 3, 1973)
The conviction and punishment of any person under this title
shall not relieve such person from fully complying with the requirements
of this title, including application for any procuring of license
and payment of license fees due; nor shall the payment of any license
fee affect a criminal prosecution for the violation of or failure
to comply with any of the provisions of this title. The remedies prescribed
in this title are cumulative and use of 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.
(Ord. 30 § 4, 1973)
No person shall be licensed under this title as to any business,
vocation, pursuit, profession, calling, show, exhibition or game which
is regulated or licensed by the state unless, at the time of issuance
of a city business license under this title, such person is duly licensed
by the state. Presentation of a valid unexpired state license shall
be prima facie evidence that such person is so licensed by the state.
(Ord. 30 § 5, 1973)
No license shall be issued under a fictitious name to any person
conducting or carrying on any business, vocation, profession, calling,
show, exhibition or game. Such license shall be issued in the true
name or names of the owners of such business, vocation, profession,
calling, show, exhibition or game.
(Ord. 30 § 6, 1973)
Every person required to have a license under this title and
carrying on a business at a fixed place shall keep such license posed
in a conspicuous location on the premises so as to be readily seen.
Every person required to have a license, but not carrying on a business
at a fixed place, shall exhibit such license whenever requested to
do so by any officer of the city.
(Ord. 30 § 7, 1973)
A.
License
granted or issued under the provisions of this title shall not be
transferred, nor authorize any person other than therein named to
do business, nor shall they authorize the person therein named to
do business at any location or premises except as specified in the
license, unless they are transferable licenses and are first transferred
by the director of finance.
B.
Before
any license is transferred, the person applying for such transfer
shall make application as for an original license, as provided in
this title, and shall comply with all requirements of this title and
other ordinances of the city as though there were to be an initial
issuance of a license to such transferee, and shall pay the director
of finance a charge for such transfer equal to ten percent of the
fee provided by this title for original issuance of the license. The
location of all businesses may be transferred upon application to
the director of finance and the payment of a fee of one dollar. The
director of finance shall reissue the license at the new location
and cancel the previous license.
C.
Licenses
hereunder shall be transferable excepting the following types and
classifications of licenses which shall not be transferred:
1.
Any
license granted under the exemption provisions of this ordinance,
2.
Advertising,
3.
Amusements
of all kinds,
4.
Auction,
5.
Automobiles
and taxicabs for hire,
6.
Bankrupt,
assigned or damaged goods,
7.
Council
special permit,
8.
Detective,
private,
9.
Locksmith,
10.
Medicine show,
11.
Pawnbroker,
12.
Secondhand dealer.
(Ord. 30 § 8, 1973)
No license shall be issued when the provisions of some other
ordinance requires a permit to be obtained as a prerequisite to entering
into such business until such permit is first applied for or obtained.
Any license issued contrary to the provisions of this section shall
be void and of no effect.
(Ord. 30 § 9, 1973)
Each license shall be issued for a specific location or premises
except where this title expressly allows otherwise.
(Ord. 30 § 10, 1973)
No license shall be issued on any application when the place
where the business, trade or occupation sought to be carried on is
not in the proper zone or district therefor, or is otherwise not qualified
in accordance with the provisions of the zoning ordinances of the
city. Any license issued contrary to the provisions of this section
shall be void and of no effect.
(Ord. 30 § 11, 1973)
No license for any ensuing current or unexpired license period
shall knowingly be issued to any person who at the time of making
application for such license is indebted to the city for any unpaid
license fees required to be paid under the provisions of this title.
Any license issued contrary to the provisions of this section shall
be void and of no effect.
(Ord. 30 § 12, 1973)
No license issued under the provisions of this title shall be
construed as authorizing the conduct or continuance of any illegal
or unlawful business or the violation of any ordinance of the city.
Any license issued contrary to the provisions of this section shall
be void and of no effect.
(Ord. 30 § 13, 1973)
For every business or occupation which requires a special permit
from the city council, the issuance of such permit shall be based
upon a finding by the city council pursuant to the following standards:
A.
The
business or vocation does not present a substantial danger to the
public.
B.
The
business or occupation does not tend to increase health hazards within
the city.
C.
The
business or occupation does not tend to promote violations of the
laws of the state or of the city.
(Ord. 30 § 14, 1973)
The director of finance shall make a charge of one dollar for
each duplicate license issued under this title in cases where the
original license has been lost or destroyed.
(Ord. 30 § 15, 1973)
Any error made by the director of finance or any of his deputies
in preparing a license, stating the kind of business, the location
thereof, the amount of the charge therefor, or in determining the
proper zone, shall not prejudice the collection by the city of the
amount actually due under this title or any other ordinance the enforcement
of any regulations applicable thereto, nor shall the issuance of a
license authorize the carrying on of business, trade or occupation
in any zone or location contrary to the provisions of the ordinances
of the city.
(Ord. 30 § 16, 1973)
All licenses shall be prepared and issued by the director of
finance upon payment of the sums required to be paid under this title
and the furnishing to the director of finance by the applicant of
such information in writing (verified, if so requested by the director
of finance), as is necessary to enable the director of finance to
fully determine whether this title and other city ordinances are applicable
in the particular circumstances.
(Ord. 30 § 17, 1973)
The several rates to be paid for licenses by every person who
engages in business may from time to time be established by resolution
of the city council.
(Ord. 30 § 35, 1973)
All licenses specified in this title are due and payable in
advance in full and each person required to have a license shall be
liable for payment of the fee for the full term.
(Ord. 30 § 26, 1973)
Every license which is not paid within a period of thirty days
from the time when same becomes due and payable is declared to be
delinquent, and the director of finance shall thereupon add to such
license and collect a penalty of fifty percent of the amount thereof;
and if such license is not paid within sixty days from the time it
becomes due and payable, an additional sum of ten percent per month
of the amount due shall be added to the license and collected as a
penalty. The delinquent penalty will not exceed one hundred percent
of the annual business license tax.
(Ord. 30 § 27, 1973; Ord. 567 § 1, 1993)
Where a license fee in this title is fixed at a daily rate,
a part of a day shall be deemed a day and the full fee shall be paid
for a day or fraction thereof.
(Ord. 30 § 28, 1973)
All business license taxes, unless otherwise expressly stated
in this title, shall be based on an annual (twelve-month) rate. No
business license application will be processed or tax receipt issued
for any time period other than a full twelve-month tax period except
for existing accounts following the conversion schedule on file in
the finance department and as referenced in Resolution No. 92-106.
(Ord. 30 § 29, 1973; Ord. 548 § 1, 1992)
The director of finance shall keep a record in which he shall
enter all licenses issued by him, the date thereof, to whom issued,
for what purpose, the location where the business or activity is to
be carried on, any transfers that occur, the time when the license
expires, and the amount thereof.
(Ord. 30 § 24, 1973)
The city council, for good and satisfactory cause shown, may
order the issuance of a license for less than the fees provided in
this title or without the payment of any fee whatsoever.
(Ord. 30 § 32, 1973)
No license shall be required to conduct, manage, or carry on
any business, occupation, event, or activity of any institution or
organization recognized as a tax exempt institution or organization
by the Franchise Tax Board of the state of California or the Internal
Revenue Service of the United States when such business, occupation,
event, or activity is carried on wholly for the benefit of religious,
charitable, or nonprofit purposes and no profit is derived either
directly or indirectly by any person.
Any person, organization, or institution claiming an exemption
under the provisions of this section shall file a sworn statement
with the finance director stating the facts upon which an exemption
is claimed, and shall also provide any documentation reasonably required
by the finance director to substantiate the facts stated in the exemption
application.
(Ord. 30 § 31, 1973; Ord. 779 (Exh. A), 2002)
A.
Every
honorably discharged or honorably released person having served in
the armed forces of the United States who has served in any Indian
War, the Spanish-American War, any Philippine Insurrection, the Chinese
Relief Expedition, World War I, World War II, the Korean War or the
Vietnamese War, who is physically unable to obtain a livelihood by
manual labor, and who is a qualified elector of the state, may distribute,
circulate and hawk, peddle and vend any goods, wares, or merchandise
owned by him or her without payment of any license tax or fee whatsoever.
B.
Every
such honorably discharged or honorably released person, before carrying
on any such business or pursuit, shall first procure from the director
of finance a license to do so, and shall be subject to all the provisions
of this title except the fee. Such license shall not extend beyond
the current calendar year during which it is issued.
C.
Every
such honorably discharged or honorably released person claiming exemption
under the provisions of this section shall exhibit to the director
of finance his or her discharge, or a certified copy thereof, together
with a certificate signed by a licensed physician practicing in the
city, setting forth the physical disabilities of such honorably discharged
or honorably released person, and stating whether in the opinion of
such physician the disabilities render such person physically unable
to obtain a livelihood by manual labor.
(Ord. 30 § 33, 1973)
Nothing in this title shall be construed as imposing a license
tax on or otherwise regulating or restricting foreign or interstate
commerce. Every person claiming to be entitled to exemption from the
payment of any license provided for in this title upon the ground
that such license casts a burden upon his or her right to engage in
commerce with foreign nations or among the several states, or conflicts
with the regulations of the United States respecting interstate commerce,
shall file a verified statement with the director of finance, disclosing
the interstate or other character of his or her business entitling
such exemption. Such statement shall include the name and location
of the company or firm for which orders are to be solicited or secured,
the name of the nearest local or state manager, if any, and his or
her address, the kind of goods, wares or merchandise to be delivered,
the place from which the same are to be shipped or forwarded, the
method of solicitation or taking orders, the location of any warehouse,
factory or plant within the state of California, the method of delivery,
the name and residence of the applicant, and any other facts necessary
to establish such claims of exemption. A copy of the order blank,
contract or other papers used by such person in taking orders shall
be attached to the affidavit for the information of the director of
finance. If it appears that the applicant is entitled to such exemption
the director of finance shall forthwith issue a license without charge.
(Ord. 30 § 34, 1973)
The chief of police and all police officers are appointed inspectors
of licenses to examine all places of business and persons liable to
procure a license, to see that such licenses are taken out, and to
see that all regulatory provisions of this title are enforced; and
shall have the right to enter free of charge at any time any place
of business to which a license has been procured for the current term
by any person engaged or employed in the transaction of such business
to ascertain that the required licenses have been procured; and to
enforce and perform all of the regulatory provisions of this title.
(Ord. 30 § 25, 1973)
