For the purposes of this title, the following words and phrases shall have the meanings ascribed to them, unless otherwise noted:
"Business"
means the conducting of a trade, calling, profession, or occupation to produce and/or sell goods and/or services.
"Business activity"
means any event, recurring event, temporary installation, or activity that falls within the license requirements of any license listed in Section 5.04.030(E) of this chapter that may not otherwise fit the definition of a "business."
"Department"
shall refer to the community development department.
"Director"
shall refer to the director of the community development department and/or a designee.
"License"
shall refer to all licenses, permits, and certificates regulated by and referenced in this title, including the business registration certificate.
"Permit"
shall refer to those licenses granted for a finite event over a discrete period of time.
"Person"
means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized.
"Title"
means Title 5 of the Glendale Municipal Code, concerning "Business Taxes, Licenses and Regulations."
(Ord. 5972 § 5, 9-14-2021)
The purpose of the provisions of this title is to provide for necessary regulation, monitoring, enforcement and tracking of lawful businesses and business activities set forth in this title that are being conducted within the city, in order to protect public health, safety, and welfare. Business license fees charged under this title shall be revenue neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the applicable business registration and licensing program. No business registration or license fee charged under the provisions of this title shall be construed as a business license tax.
(Ord. 5972 § 5, 9-14-2021)
A. 
No person, whether as principal or agent, clerk or employee either for himself or herself or for any other person, or for any body corporate, or as an officer of any corporation, or otherwise, shall conduct any business within the city without having first obtained a valid business registration certificate from the city to do so. All businesses are required to obtain a business registration certificate, including non-profit institutions, private schools, and churches within the city.
B. 
A business registration certificate shall not be required for businesses operated pursuant to Chapter 30.45 of this code for home occupation permits. Additionally, the following land uses shall not be required to obtain a business registration certificate: domestic violence shelter; emergency shelter; home-sharing as defined in Section 5.56.030; multiple residential dwellings; residential congregate living, limited; residential congregate living, medical; residential congregate living, non-medical; and senior housing.
C. 
No person shall commence or carry on any business or business activity for which a license is required by subsection E of this section without first having procured a license from the city to do so, or without complying with any and all regulations of such business, trade, calling, profession or occupation contained in this title.
D. 
The carrying on of any business or business activity without having first procured a business registration certificate and/or license required in subsection E of this section, or without complying with all laws and regulations applicable to such business or business activity required by this title, shall constitute a separate violation for each and every day that such business, trade, calling, profession or occupation is so carried on.
E. 
In addition to the business registration certificate required by subsection A of this section, any person carrying on a business or business activity as defined within the following chapters may need to register or obtain one or more licenses or permits as applicable:
5.16. Entertainment Business License.
5.20. Sidewalk Vendor Business License.
5.24. Special District License.
5.28. Bingo License.
5.32. Sale From Motor Vehicle License.
5.36. Christmas Tree and Pumpkin Sales Lot License.
5.40. Smoking Permitted Area License.
5.44. Tobacco Retailer License.
5.48. Pawnbroker, Secondhand Dealer, Auto Wrecker, and Junk Dealer License.
5.52. Cart License.
5.56. Home Sharing License and Prohibition of Vacation Rentals.
5.60. Adult Business License.
5.64. Massage Establishments.
5.68. Taxicabs and Other Vehicles for Hire.
5.72. Private Patrol Systems.
5.76. Boxing, Wrestling, and Other Contact Sports.
5.80. State Video Service Franchises.
5.84. Temporary Place of Amusement Permit.
5.88. Commercial Special Events.
5.92. Motion Picture and Television Production Permit.
(Ord. 5972 § 5, 9-14-2021)
The following circumstances shall be considered prima facie evidence that a person is conducting any business or business activity in the city:
A. 
Where any business organization or person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, shall advertise, hold out or by any other means represent that the person or organization is in business in the city; or
B. 
When any business organization or person holds an active license or permit issued by a governmental agency indicating that the business organization or person is in business in the city, and such person fails, upon request of the city, to sign and provide a sworn statement attesting that such business organization or person is not conducting or carrying on such business, trade, calling, profession or occupation in the city.
(Ord. 5972 § 5, 9-14-2021)
Unless the requirements for a particular license under this title state otherwise, application for any license under this title shall be made according to the following procedures:
A. 
Any person wishing to obtain any license required by this title shall complete the most current application issued by the community development department and available on the city's website. Forms must be completed with all information necessary to evaluate the application, including any supplemental requirements and information requests. No application shall be accepted unless sufficient information is provided. All applications shall include:
1. 
The name and address of the business;
2. 
The name(s), address(es), and contract information for the applicant to receive all license-related communications and notices;
3. 
The applicant's California driver's license number or California identification number;
4. 
Whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, or another form of business organization:
a. 
The organization's full name and any fictitious names under which it operates or exists; state of incorporation, filing, or registration; and date of incorporation, filing or registration;
b. 
The full name, present address (residential and business), telephone number (residential and business), and date of birth of each: officer; director; shareholder who owns more than 10% of stock or beneficial interest in that corporation; partner, or limited partner;
c. 
The organization's current legal status or authorization, with the state of incorporation, filing, or registration, to transact business (including, but not limited to: in good standing, suspended, restricted, or revoked);
d. 
Authorization for the individual submitting the application to act as an agent of the organization for purposes of conducting the business; and
e. 
The applicant shall attach a true, correct copy of the corporation's charter; articles or certificate of incorporation, organization, or registration; partnership agreement; or limited partnership agreement, showing the file stamp or seal of the state of incorporation, organization, or registration.
5. 
The name(s), address(es), and contact information for any manager(s) of the business;
6. 
Any other information, items, or documents as the director may require to conduct necessary background investigations of the applicant and/or verify the truthfulness and accuracy of the information in the application.
B. 
Application forms must be certified, under penalty of perjury, that all facts, information, and statements are true, accurate, and correct. If the applicant is:
1. 
An individual, the same individual shall sign the application;
2. 
A corporation, an officer shall sign the application;
3. 
A partnership or limited partnership, a general partner shall sign the application;
4. 
A limited liability company or other business organization, a managing member, manager, or chief executive officer shall sign the application.
C. 
A business license application may be reviewed by any city department or any governmental agency to determine if the business operations and premises to be occupied meet the requirements of federal, state, or local laws, as well as to determine what effect, if any, the issuance of such license shall have on the public peace, health, safety and general welfare of the city. The director may also refer to any governmental agency any information submitted by persons subject to the provisions of this chapter in connection with the conduct of a business regulated, or supervised, or otherwise the concern of any such agency, including agencies concerned with health, zoning, or fire/life/safety regulations or any other safeguard of the public interest. Failure to comply with conditions required by another agency's review shall result in denial of the application.
D. 
It is a violation of this chapter to knowingly make a false statement in any application for a license required under this chapter, or to procure a license in any way by fraud, misrepresentation, deception, or mistake. Such false statements or acts shall cause an application to be denied or a license suspended or revoked.
E. 
No application which has been denied, in whole or in part, shall be filed again within six months of the date of such denial except upon proof of changed conditions. No license which has been suspended or revoked shall be considered for reissuance within six months of the date of such suspension or revocation except upon proof of changed conditions. Proof of changed conditions must demonstrate that the basis for the denial, suspension, or revocation has been resolved or removed.
F. 
For all licenses, if a license has not been obtained within 180 days after the initial application fee is paid, the application shall be deemed withdrawn and a new application and application fee shall be required before a license may be issued.
G. 
Any act or condition for which a license can be suspended or revoked under Section 5.04.100(A) of this chapter shall result in denial of an application.
H. 
Denial of an application shall be made in writing, mailed to the applicant, and state the specific grounds for which the application was denied.
I. 
Denial of an application may be appealed within 15 days of the denial following procedures in Section 5.04.110 of this chapter.
(Ord. 5972 § 5, 9-14-2021)
Every person having a license under the provisions of this chapter, and carrying on a trade, calling, profession, occupation or activity at a fixed place of business, shall keep the current license posted and displayed in a clearly visible and conspicuous location at his or her place of business. Every person having such a license and not having a fixed place of business shall carry such license with him or her at all times while carrying on the business or business activity for which the license was granted and shall produce the license for inspection upon demand. Every person having a license issued under the provisions of this chapter shall present the license when applying for a renewal thereof, and whenever requested to do so by any police officer or by any officer authorized to issue, inspect, or collect licenses.
(Ord. 5972 § 5, 9-14-2021)
A. 
All licenses issued under this title, including the business registration certificate, shall be valid for one year from the date of issuance, unless revoked or suspended earlier in accordance with other provisions in this title, or unless subject to a different expiration date or temporary time period under the terms of the individual license.
B. 
Any person who seeks to renew a license pursuant to this title shall submit a renewal application and tender any applicable fees to the director within the 30 calendar days prior to the expiration of the current license. Unless timely renewed, any license issued pursuant to this chapter shall expire and become null and void at the end of its term. If a renewal application is not received within 30 days prior to its expiration, the license holder shall file a new application.
C. 
Any applicant seeking a renewal of a current license must include in the renewal application any and all information that has changed since the initial application or previous renewal. Renewal applications are subject to the same rights and procedures as any other license application under Section 5.04.050 of this chapter.
(Ord. 5972 § 5, 9-14-2021)
A separate license must be obtained for each branch establishment or separate place of business in which the business or business activity is carried on, and each license shall authorize the party obtaining it to carry on, pursue or conduct only that business or business activity described in such license, and only at the location or place of business which is indicated thereby.
(Ord. 5972 § 5, 9-14-2021)
No license, permit, or certificate granted or issued under any provisions of this chapter shall be in any manner transferred or assigned, and no other person than the person to whom the license was issued is authorized to carry on the licensed business or business activity. Any change in location or name of person from that which is shown on the issued license shall require a new license to be obtained.
(Ord. 5972 § 5, 9-14-2021)
A. 
Any license issued under this chapter may be suspended or revoked by the director when he or she determines:
1. 
The activity authorized by such license is conducted, maintained, or carried on contrary to or in violation of any law of the state;
2. 
The activity authorized by such license is conducted, maintained, or carried on contrary to or in violation of any provision of this code;
3. 
The activity authorized by such license is conducted, maintained, or carried on contrary to or in violation of any condition of the license;
4. 
The activity authorized by such license is conducted, maintained, or carried on in such a manner as to constitute a nuisance, or to disturb the peace of persons in the vicinity, or to be deleterious to the public peace, morals, health, safety or welfare;
5. 
The licensee has had a license issued pursuant to this title revoked within the preceding 12 months;
6. 
The licensee has received three or more administrative citations for violations of this title within the preceding 12 months;
7. 
The licensee has unpaid city fees, fines, or community service; or
8. 
The licensee, any agent or employee, or any person connected or associated with the licensee as partner, director, officer, stockholder, associate, or manager has committed, assisted in, or incited the commission of any act, or act of omission, which would be grounds for disciplinary action under this chapter if committed by a licensee.
B. 
When the director makes the determination set forth in subsection A above, he or she shall notify the licensee in writing of the proposed action, he or she is taking and in such notice shall state the notice's issuance date, the reason or reasons for the proposed action, the date on which the proposed action will go into effect, and the applicant's right, within 15 days after the notice's issuance date, to request an appeal hearing according to the procedures set forth in Section 5.04.110 of this chapter.
C. 
Notwithstanding any provision in this code to the contrary, any business, trade, calling, profession or occupation that engages in or carries out any activity contrary to federal, state or local laws shall be prohibited, and the city may deny, suspend, or revoke a license to any such business, trade, calling, profession or occupation.
(Ord. 5972 § 5, 9-14-2021)
Unless the requirements for a particular license under this title state otherwise, appeals for denial, revocation, suspension, or other license-related grievances shall be made according to the following procedures:
A. 
Within 15 days after the issuance date of a written notice of proposed action or denial of an application, the applicant or licensee may appeal the proposed action by submitting a written appeal to the community development department. The appeal must:
1. 
Specify the ground or grounds for the appeal;
2. 
State facts that support each ground for the appeal;
3. 
Identify documents or items, and attach a copy of them, that substantiate each ground for the appeal; and
4. 
Include an appeal fee as established by resolution of the city council.
B. 
The director shall set the hearing on a date not earlier than 14 days, and not later than 30 days, after the date that the community development department received the request for a hearing.
C. 
The director's proposed action will go into effect and will become final action, and the applicant or licensee will waive any appeal, if the applicant or licensee fails to do one or more of the following:
1. 
Submit a written appeal within 15 days after the issuance of a written notice of proposed action or denial of an application; or
2. 
Attend the hearing with the director or the person whom the director designates.
D. 
Within 15 days after the hearing date, the director shall:
1. 
Decide, upon substantial evidence, whether to uphold, reverse, or modify the proposed action; and
2. 
Give the applicant or licensee written notice of the director's final decision by certified mail, postage prepaid, or by personal delivery.
E. 
An applicant or licensee aggrieved by the director's decision under this section's hearing and appeal procedures may appeal to the city council within the time and in the manner provided in Chapter 2.88 of this code.
(Ord. 5972 § 5, 9-14-2021)
The licenses required by this chapter which are also licensed by the state are for revenue purposes only and any other regulatory provisions of this title, including the power to revoke and suspend the licenses as provided by Section 5.04.100 of this chapter, shall not apply.
(Ord. 5972 § 5, 9-14-2021)