No person shall, as principal, agent, clerk, employee, corporate officer or otherwise, for himself or herself or for any other person, commence or carry on any business specified in this title in the City, without having first: (A) applied for and received a license certificate specifying such business; (B) paid the required license tax; (C) obtained any permit required by this title or any other ordinance of the City; (D) paid any permit fee required; and (E) paid any investigation or inspection fee required, subject to the exemptions provided in this title.
(Prior code § 8-1.3; Ord. 21-1722 § 2)
The amount of any license tax, investigation or inspection fee, permit fee or other charge imposed by this title shall be deemed a debt to the City, and any person carrying on any business covered by this title without having lawfully procured a license certificate from the City shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of such charges.
(Prior code § 8-1.4; Ord. 21-1722 § 2)
No person not subject to regulation or prohibition by the City in his or her business by reason of applicable statutes or constitutional provisions of the United States or of the State of California shall be required to obtain or shall be issued a license hereunder, but such person shall be liable for payment of the tax imposed by this title and for any investigation or inspection fee imposed by this title if such requirement does not conflict with such statutes or constitutional provisions.
Any itinerant merchant, transient merchant, itinerant vendor, peddler, hawker, huckster, canvasser, solicitor, principal canvasser or principal solicitor, claiming to be entitled to exemption from the licensing or any other requirement of this title shall:
A. 
File a verified statement with the Director disclosing the interstate or other character of his or her business by virtue of which he or she claims such exemption, and such other data relating to his or her identity, business activities and associations, and his or her criminal record, if any, as the Director shall reasonably require; and
B. 
Not engage in any business unless and until a license certificate and any permit ordinarily required for such business has been issued to such person, unless the City Attorney, upon reviewing such statement and any proofs submitted, and a report from the City's law enforcement agency, determines that such person is entitled to exemption from such requirement.
(Prior code § 8-1.5; Ord. 21-1722 § 2)
None of the license taxes or investigation or inspection fees provided for by this title shall be so applied as to occasion an undue burden upon interstate commerce. In any case where such tax or fees, in whole or in part, is believed by a licensee or applicant for license to place an undue burden upon interstate commerce, he or she may apply to the Director for an adjustment of the tax so that such tax, fees or combination thereof, shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his or her method of business and the gross volume or estimated gross volume of business, and such other information as the Director may deem necessary in order to determine the extent, if any, of such undue burden on interstate commerce. The Director shall then conduct an investigation, and, after having first obtained the written approval of the City Attorney, shall fix as the license tax for the applicant, an amount that is reasonable and nondiscriminatory, or, if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the Director shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this title. Should the Director determine the gross receipts measure of license tax to be the proper basis, he or she may require the applicant to submit, either at the time of termination of applicant's business in the City, or at the end of each three month period, a sworn statement of the gross receipts and pay the amount of license tax therefor, provided that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this title.
(Prior code § 8-1.6; Ord. 21-1722 § 2)
A license may be obtained without payment of the fee otherwise required, by the following:
A. 
Any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable, religious, eleemosynary or benevolent purposes, and from which no profit is derived, either directly or indirectly, subject to compliance with the provisions of this title;
B. 
Any nonprofit institution or organization, as to a particular enterprise or entertainment or fund-raising venture or solicitation, when:
1. 
Such institution or organization is principally located in or composed in the majority of members or associates residing or maintaining places of business within the City, and more than one-half of the benefits are set aside for a church, school, or religious, benevolent, charitable or eleemosynary purpose, or
2. 
The entire benefits are set aside for any of such purposes wholly within the City; provided, however, that no profit is derived therefrom by any person, directly or indirectly, and that no solicitation of funds shall be engaged in within the City, except in conformance with the provisions of any ordinance of the City regulating such activities;
C. 
Any honorably discharged veteran of active duty in any of the armed services of the United States, having a disability rating of 50% or greater established by the United States Veterans Administration, as to distribution of circulars or the peddling, hawking or vending of any goods, wares or merchandise owned by him or her;
D. 
Any person, as to the peddling only of fruits, vegetables or other produce raised by him or her entirely within the corporate limits of the City;
E. 
Any doctor, lawyer, dentist, architect or other professional person: (1) licensed by the State, (2) not having a fixed place of business within the City, and (3) not doing business within the City other than the occasional furnishing of professional services wholly negotiated and contracted for outside of the City;
F. 
Any public utility making franchise payments to the City, as to the franchised activity upon which such payments are based;
G. 
Any person doing business with or providing materials, goods or services exclusively to the City;
H. 
Any licensee or an association of licensees with an established place or places of business in the City, and any agent employed by them, as to a business promotion amusement (circus, carnival, parade, or the like), provided that:
1. 
The activity otherwise subject to tax under this chapter is principally maintained or based upon the premises where such person has such established place of business, or on adjacent private property,
2. 
No donation, admission fee or other charge of any kind is made or paid by any person for the privilege of viewing or participating in such activity,
3. 
Such activity is maintained solely as a promotional device connected with such established place of business, and
4. 
Such activity is actually carried on by the person maintaining such established place of business, or by an employee of such person, or by a business association to which such person belongs, or by an agent or independent contractor contracting with such person or association;
I. 
Any person, as to any vending machine, if 20% or more of the gross receipts therefrom is donated to a charitable organization, service club or charity approved by the City Council as being of substantial charitable benefit to the people of this City;
J. 
Any person, as to any vending machine the revenues from which are reported as a part of the gross revenue of such person as a licensee for some other business having an established place of business in the City;
K. 
Any person having an established place of business in the City, who is actively engaged in such business, without employees except for members of his or her immediate family, and who is totally or almost totally blind, totally or almost totally deaf and dumb, or totally or almost totally physically disabled in some other manner; provided, that the total net family income of such person and his or her family residing with him or her is less than $8,000 per year.
(Prior code § 8-1.7; Ord. 21-1722 § 2)
A. 
A fee-exempt license may be issued by the Director when the application for issuance of a business license is accompanied by a verified statement of facts clearly showing that the applicant meets the requirements of one or more of the classifications set forth in Section 5.08.050.
B. 
The burden of proof shall, in all cases, be upon the applicant to establish the facts showing entitlement to a fee-exempt license. The Director may prescribe the form or forms of the statement of facts required, and may require the applicant to present such other proof of entitlement as may be reasonable in any particular case.
(Prior code § 8-1.8; Ord. 21-1722 § 2)
A. 
Every license issued without requiring payment of the usual fee shall be stamped Exempt upon its face.
B. 
Any license issued as fee-exempt may be revoked as provided in Section 5.08.350.
C. 
Any license issued as fee-exempt shall be void and shall afford no defense in any civil or criminal prosecution if any material statement contained in any application, statement of facts, or other document or representation relied upon by the Director or City Council in granting exemption is false or fraudulent.
D. 
No license issued without payment of the usual fees may be transferred to any other person.
E. 
Every person receiving a fee-exempt license shall promptly file a verified report of all funds received and disbursed in the fee-exempt activity. Any holder of a fee-exempt license shall file such report not later than January 19th of the succeeding year in the case of an annual license, and 10 days after any such activity is concluded in all other cases. The report shall be in such form and detail as may be required in all similar cases by the Director.
(Prior code § 8-1.9; Ord. 21-1722 § 2)
A. 
Any person denied a fee-exempt license by the Director, after compliance with the procedural requirements therefor, and believing himself or herself entitled to receive such exemption upon the basis of the evidence filed with the Director, may appeal to the City Council. Such appeal shall be in writing, filed in triplicate with the Director, and shall clearly and concisely state: (1) the subdivision of Section 5.08.050 entitling the applicant to such exemption; (2) the facts relied upon to establish that the applicant meets the requirements and conditions of such subdivision; (3) that the applicant has disclosed all of such facts to the Director; and (4) that the applicant has filed a duly-executed statement of facts as required by this Chapter and such other proof of entitlement as the Director has requested, excepting only such matters as are specified in the notice of appeal.
B. 
The City Council may decide such appeal with or without hearing, and shall deny the appeal unless it finds that the written appeal complies with the requirements of this section, that the applicant has furnished to the Director all of the documents and data reasonably required by him or her, and that the applicant, upon the record, is entitled to exemption from the usual fees.
(Prior code § 8-1.10; Ord. 21-1722 § 2)
The Director, with the approval of the City Council, may promulgate and adopt reasonable rules and regulations for the purpose of administering the provisions of this title, which rules shall be in writing, shall be filed in the office of the Director and shall be open to public inspection. Violation of any of such rules or regulations so on file shall be a misdemeanor.
(Prior code § 8-1.11; Ord. 21-1722 § 2)
A separate license shall be required for each branch establishment or location of any business, and for each separate type of business at the same location. 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; provided that, warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this title shall not be deemed to be separate places of business or branch establishments.
(Prior code § 8-1.12; Ord. 21-1722 § 2)
In the case of any business conducted in, upon or from any establishment located within the City, and at least 10% of which, on the basis of floor area, extends across the City boundary line, the usual license tax for such business shall be reduced by an amount equal to the proportion of the full tax that the floor area of the portion of the business located outside the City bears to the floor area of the entire business.
Such business shall be fully liable for any investigation, inspection or other fees imposed by this title.
(Prior code § 8-1.13; Ord. 21-1722 § 2)
The Director shall, by regulation specify the form and content of license application forms. No application shall be processed unless accompanied by a deposit of the amount of taxes and fees estimated to be required by the Director. Any excess of such deposit over and above the taxes and fees actually required shall be refunded upon the issuance of the license, or, if such license is denied, upon such denial.
(Prior code § 8-1.14; Ord. 21-1722 § 2)
No license shall be issued until all permits required have been approved, all City departments or officers required to investigate such application or inspect the premises or facilities to be occupied or used have approved such issuance, and all taxes and fees due have been paid.
(Prior code § 8-1.15; Ord. 21-1722 § 2)
A. 
The Director shall, by administrative order, from time to time, designate the investigations and inspections required for particular businesses.
B. 
The Fire Department shall review applications which involve businesses or premises which may constitute substantial fire risks or any risks of serious danger to human life or property.
C. 
The law enforcement agency shall review applications for businesses which affect public morals, involve substantial danger of fraud or deception, pose unusual police problems, are usually likely to involve the handling or receiving of stolen goods, tend to affect traffic control, involve public assembly, include police-type functions, are of a kind which tend to attract or involve undesirable persons, or otherwise substantially affect public safety.
D. 
The Health Department shall be required to review applications for businesses involving the preparation, storage or sale of food or drink, except in sealed containers.
E. 
Other departments, agencies or officers shall review applications when the proposed business poses special problems dealt with by any such department, agency or officer.
The Director may, by written directive, grant exceptions from the requirements of such order, when, in his or her opinion, its literal application is not required to accomplish the objectives of such requirement and this chapter.
(Prior code § 8-1.16; amended during 2008 republication; Ord. 21-1722 § 2)
A. 
Any license shall be denied for the following reasons:
1. 
Failure to pay the appropriate tax or fee;
2. 
Failure to receive the required permits;
3. 
Failure to receive the required approvals;
4. 
Failing of erroneous or incomplete statements, or for other good cause.
B. 
Any person denied a license shall be advised, in writing, of the grounds for such denial.
(Prior code § 8-1.17; Ord. 21-1722 § 2)
Investigation or inspection fees shall be charged for investigation or inspection performed in connection with issuance of a license or permit by the City. Such fees shall be amounts as established by resolution of the City Council.
No inspection or investigation fee shall be charged if such investigation or inspection is required prior to issuance of a permit for which a permit fee is paid by the applicant.
(Prior code § 8-1.18; Ord. 21-1722 § 2)
A. 
All licenses, unless otherwise expressly provided in this title, shall be considered to be annual licenses and the tax therefor shall be payable on January 1st annually and shall expire on December 31st of the same year.
B. 
Licenses for any shorter period of time, unless otherwise expressly provided in this title, shall be payable prior to commencing business and shall expire on December 31st of the same year.
C. 
When an original annual license, other than a license for which the license tax is based on gross receipts, is applied for, the license tax shall be prorated as follows:
1. 
If liability for payment of the business license tax first accrues after March 31st of the year, the taxpayer shall pay three-fourths of the annual tax.
2. 
If liability for payment of the business license tax first accrues after June 30th of the year, the taxpayer shall pay one-half of the annual tax.
3. 
If liability for payment of the business license tax first accrues after September 30th of the year, the taxpayer shall pay one-fourth of the annual tax.
D. 
No license shall be valid after December 31st unless the tax imposed by Section 5.08.380 has been paid for each year following the first year, in accordance with the terms of this title, but payment of the tax and penalties and interest due thereafter shall validate such license from the date of such payment.
E. 
Any license issued for a business, which operating contrary to the terms of this title prior to receiving such license, shall be dated and deemed issued as of the commencement of such business, but such backdating shall not relieve any person from criminal sanctions for such violation.
(Prior code § 8-1.19; Ord. 21-1722 § 2)
A. 
Upon a person making application for the first license to be issued to him or her by this title or for a newly established business, in all cases where the amount of license tax to be paid is measured by gross receipts, such person shall furnish to the Director a verified written statement, upon a form provided by the Director, setting forth such information as may be therein referred to and required and as may be necessary to determine the amount of the license tax to be paid by the applicant.
B. 
If the amount of the license tax to be paid by the applicant is measured by gross receipts, he or she shall annually estimate the gross receipts for the remainder of the period to be covered by the license to be issued. Such estimate, if accepted by the Director as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, that the amount of the license tax so determined shall be tentative only. Such person shall, within 30 days after the expiration of each year of the period for which such license was issued, furnish the Director with a sworn statement, upon a form furnished by the Director, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this title for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment found to be due the amount paid at the time such first license was issued.
The Director shall not issue to any such person another license for the same or any other business until such person shall have furnished to him or her the written statement and paid the license tax herein required by this section.
(Prior code § 8-1.20; Ord. 21-1722 § 2)
In all cases, an applicant for a renewal of a license or licenses shall, upon request, submit to the Director, for his or her guidance in ascertaining the amount of the license tax due from such person, a written statement, upon a form to be provided by the Director, setting forth such information concerning the applicant's business during the preceding year as may be required by the Director to enable him or her to ascertain the amount of the license tax due from the applicant.
(Prior code § 8-1.21; Ord. 21-1722 § 2)
In any case in which the license tax is based, in whole or in part, upon the number of employees of the applicant or licensee, the number of employees upon which the tax is based shall be the average number of employees who were employed in the particular business within the City or who used to a substantial extent an office, plant, or other establishment of the business within the City, during the preceding calendar year. Such average number of employees shall be based upon the employer's reports filed with the California Employment Development Department during the period in question, in the case of a new business, the applicant shall submit to the City an estimate of the average number of employees which are intended or expected to be employed in the City in the business for which the new license shall have been issued. The applicant shall file with the Director a written statement showing the actual number of employees employed in the City in the business during the period such business license was issued.
If the business license tax based upon the actual number of employees is greater or less than the estimated amount, the tax due to the City shall be adjusted accordingly.
(Prior code § 8-1.22; Ord. 21-1722 § 2)
A. 
No 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.
B. 
Such statement and each of the several items included therein shall be subject to audit and verification by the Director, his or her deputies, or other authorized employees of the City, who are authorized to examine, audit and inspect such books and records of any licensee or applicant for license as may be necessary in their judgment to verify or ascertain the amount of license fee due.
C. 
All licensees, applicants for licenses and persons engaged in business in the City are required to permit an examination of such books and records for the purposes aforesaid, during normal business hours.
D. 
Any information furnished or secured pursuant to this section or Sections 5.08.180 or 5.08.190 shall be confidential, and no unauthorized disclosure or use shall be made thereof by any officer or employee of the City.
(Prior code § 8-1.23; Ord. 21-1722 § 2)
In the event that any person fails to file a required statement within the time prescribed or after demand therefor, any person fails to file a corrected statement after demand therefor, the Director may determine the amount of license tax due from such person by means of such information as he or she may be able to obtain. If such determination is made, the Director shall give notice of the amount so assessed by serving such notice personally or by depositing it in the United States mail, postage prepaid, addressed to the person so assessed at his or her last known address.
(Prior code § 8-1.24; Ord. 21-1722 § 2)
Any person aggrieved by any decision of the Director shall, upon request made within 15 days after such decision, be entitled to an informal hearing before the Director. Within five days after such informal hearing, any such aggrieved person may appeal to the City Council by filing a written notice of appeal with the City Clerk, and a time and place for hearing such appeal shall thereupon be scheduled within 30 days. The City Clerk shall give notice to such person of the time and place of hearing by personally serving it or by depositing it in the United States mail, postage prepaid, addressed to such person at his or her last known address. The City Council shall have the authority to determine all questions raised on such appeal; provided that, no such determination shall conflict with any substantive provision of this title.
(Prior code § 8-1.25; Ord. 21-1722 § 2)
Any person who fails to pay a license tax when due shall be subject to a penalty of five percent on the first day of the month following the month when such license tax became due, plus an additional penalty of five percent on the first day of each month thereafter, not to exceed a total penalty of 25% of the original license tax. In addition, interest in the amount of one-half of one percent per month, or fraction thereof, shall be due on taxes and penalties from and after the date of their imposition.
(Prior code § 8-1.26; Ord. 21-1722 § 2)
In addition to all other power conferred upon him or her, the Director shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the City Council, to compromise any claim as to amount of license tax due, or to waive any penalties or interest, for good cause.
(Prior code § 8-1.27; Ord. 21-1722 § 2)
When any person is engaged in more than one business for which a license tax is imposed by this title, a separate license shall be obtained for each such business.
(Prior code § 8-1.28; Ord. 21-1722 § 2)
No license issued pursuant to this title shall be transferable; provided, however, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee in an amount established by resolution of the City Council, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business has been or is to be moved.
(Prior code § 8-1.29; Ord. 21-1722 § 2)
No person subject to any tax pursuant to this title shall, directly or indirectly, by contract, subterfuge, or in any manner whatsoever, require any other person to pay such tax on behalf of the person taxed, or to pay such tax as a part of a fee, price or division of revenues to be paid to or received by the person subject to such tax.
Any contract or agreement containing such a provision, or concealing the fact that a party thereto is violating or has violated or is attempting to violate this section, shall be unenforceable by the offender as to recovery of any fees, price or division of revenues otherwise due to such person, and the other party or parties shall be entitled to receive all of the benefits thereof and all the net revenues of the contract activity which required payment of a tax under this title.
(Prior code § 8-1.30; Ord. 21-1722 § 2)
A duplicate license may be issued by the Director to replace any license previously issued which has been lost or destroyed, upon the licensee filing a statement of such fact and paying to the Director a duplicate license fee in an amount as established by resolution of the City Council.
(Prior code § 8-1.31; Ord. 21-1722 § 2)
All licenses must be kept and posted in the following manner:
A. 
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 carried on.
B. 
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 or her person at all times while transacting and carrying on such business.
(Prior code § 8-1.32; Ord. 21-1722 § 2)
No license issued under the provisions of this title shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business.
(Prior code § 8-1.33; Ord. 21-1722 § 2)
No license fee shall be required of any person engaged in any profession, business, calling, trade or occupation covered by this title, as an employee, whether compensated by salary, commission, or other basis, unless otherwise specified in this title.
(Prior code § 8-1.34; Ord. 21-1722 § 2)
No license shall be issued covering any business, profession or operation for which a permit or license is required by the State unless the applicant shall exhibit said license or permit to the Director.
(Prior code § 8-1.35; Ord. 21-1722 § 2)
It shall be the duty of the Director to enforce each and all of the provisions of this title, with such assistance in the enforcement of this title as may be required by the Director or the City Council from the law enforcement agency of the City.
The Director in the exercise of the duties imposed upon him or her by this title, and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this title have been complied with.
The Director and each and all of his or her deputies and assistants and any officer of the law enforcement agency of the City shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed by this title, and demand an exhibition of its license certificate. No person having such license certificate issued in his or her possession or under his or her control shall wilfully fail to exhibit the same on demand. The Director shall cause a complaint to be filed against any and all persons found to be violating any of these provisions.
(Prior code § 8-1.36; Ord. 21-1722 § 2)
Any license issued under the terms of this chapter may be revoked or suspended at any time by the Director, after public hearing, due notice of which shall be furnished the licensee, if the Director shall find, upon evidence heard, that:
A. 
Any facts exist upon which a denial of such license would be authorized.
B. 
The licensee, or any agent or employee of the licensee, has violated or has been convicted of violating any of the terms of this title, of any regulation imposed pursuant to this title, or of any law, statute, rule, order or regulation of the State of California now or hereafter in force regulating the occupation or other activity for which the license was issued.
C. 
The licensee obtained the license by fraudulent misrepresentation.
D. 
The license authorizes engaging in the business of repairing any property, such as radios, televisions or vehicles, the licensee or any agent or employee of the licensee has stolen or been convicted of the theft of such property or any part thereof.
An appeal may be made to the City Council from any decision or determination of the Director and the City Council shall exercise the same discretion, powers and authority as are vested in the Director by this title upon applications in the first instance.
(Prior code § 8-1.37; Ord. 21-1722 § 2)
All remedies prescribed by this title 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 provisions of this title.
(Prior code § 8-1.38; Ord. 21-1722 § 2)
Any violation of any of the provisions of this title or any knowing or intentional misrepresentation to any officer or employee of this City of any material fact in procuring the license or permit provided for in this title shall be deemed a misdemeanor.
(Prior code § 8-1.39; Ord. 21-1722 § 2)
Unless specifically designated otherwise in this Code, the license tax imposed upon each business shall be in such amount as established by resolution of the City Council.
(Prior code § 8-2.1; Ord. 21-1722 § 2)