No person shall engage in any business required to be licensed
under the provisions hereof until such license is first obtained,
and unless such person holds a license as provided for under the provisions
of Title 5 of this code, in which event such person shall obtain an
additional license or permit from the Tax Collector of the City, showing
compliance with the provisions hereof.
(Prior code § 8-031.1)
No such statement shall be conclusive as to the matters set
forth therein, nor shall the filing of the same preclude the City
from collecting by appropriate action such sum as is actually due
and payable hereunder. Such statement and each of the several items
therein contained shall be subject to audit and verification by the
Director of Finance, who is hereby authorized to examine, audit and
inspect such books and records of any licensee or applicant for license
as may be necessary in his or her judgment to ascertain the correct
amount of license due.
(Prior code § 8-031.3)
If any person fails to file any statement required hereby within
the time prescribed herein, or if after demand therefor made by the
City Tax Collector, fails to file a corrected statement, the City
Tax Collector may determine the amount of license fee due from such
person from such information as he or she may be able to obtain and
if necessary may estimate the fee required to be paid hereunder upon
the basis of external indices such as dividends paid, sales or other
taxes paid, or by considering other facts. In case such a determination
is made, the City Tax Collector shall give notice of the amount so
assessed by serving the same personally or by depositing same in the
United States post office at Stockton, California, postage prepaid
thereon, addressed to the person so assessed at his or her last known
address. Such person may, within 10 days after the mailing or serving
of such notice, make application in writing to the City Tax Collector
for a hearing on the amount of the tax. If such application is not
so made within the time prescribed the assessment shall become final.
If such an application is filed, the City Tax Collector must cause
the matter to be set for hearing within 15 days before a Board consisting
of the City Manager, the Director of Finance and the Mayor of the
City, and the City Attorney, or the duly appointed deputy of each.
Such Board shall consider all evidence produced and shall make written
findings thereon, a copy of such findings to be served upon the applicant,
in the manner prescribed above for the service of notice of assessment.
Such findings shall become final at the expiration of five days from
the date of service within which time exceptions may be filed by the
applicant. If filed, the Board so appointed shall consider same and
make such modification as may be deemed necessary; there upon the
final assessment shall be made.
(Prior code § 8-031.4)
All licenses shall be prepared and issued by the City Tax Collector
upon the payment of the sum required to be paid hereunder. Each license
so issued shall state upon the face thereof the following:
A. The
person to whom same is issued;
B. The
kind of business licensed thereby;
C. The
amount paid therefor;
D. The
location of such business;
E. The
date of expiration of such license.
(Prior code § 8-031.6)
Except as otherwise specifically provided by the provisions
hereof, all licenses must be kept and posted in the following manner:
A. Subject
to other provisions set forth herein, any licensee engaged in business
at a fixed place of business shall keep the license issued posted
in a conspicuous place upon the premises where such business is conducted.
B. Any
person engaged in business in the City, but not operating from a fixed
place of business, shall keep the license issued to him or her upon
his or her person at all times while engaging in such business.
(Prior code § 8-031.7)
All license fees shall be paid in advance to the City Tax Collector
in lawful money of the United States.
(Prior code § 8-031.8)
No person charged with the enforcement of any of the provisions
set forth herein shall knowingly accept or receive any sum for any
license which is less than or greater than the amount actually required
to be paid under the provisions hereof.
(Prior code § 8-031.11)
No license issued pursuant hereto shall be transferable, provided
that where a license is issued authorizing a person to conduct a business
at a particular place, such licensee may upon application therefor
and paying a fee of $0.50, have the license previously issued amended
so as to authorize the conduct of such business from some other location.
(Prior code § 8-031.12)
Any sum required to be paid hereunder shall be deemed a debt
to the City and any person who engages in any business required to
be licensed without first obtaining a license so to do, shall be liable
to an action by and in the name of the City of Stockton in any court
of competent jurisdiction for the recovery of any such amount.
(Prior code § 8-031.13)
The conviction and punishment of any person for engaging in
any business without first obtaining a license to conduct such business,
shall not relieve such person from paying the license fee due and
unpaid at the time of such conviction, nor shall the payment of any
license fee prevent a criminal prosecution for the violation of any
of the provisions set forth herein. All remedies prescribed hereunder
shall be cumulative and the 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 hereof.
(Prior code § 8-031.14)