City of San Dimas, CA General Provisions

Charities and Government Activities. The provisions of this chapter and Chapters 5.12, 5.16, 5.20, 5.24 and 5.68 shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, or require the payment of any license of any institution or organization so conducted, managed or carried on fully for the benefit of charitable purposes or from which profit is not derived either directly or indirectly by any person. No license shall be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts of such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose in the city, nor shall any license or permit be required for the conducting of any recreation, entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objectives for which such association or organization was formed and from which profit is not derived either directly or indirectly by any person. The provisions of this chapter and Chapters 5.12, 5.16, 5.20, 5.24 and 5.68 shall not be deemed or construed to require the payment of a license fee by any religious, charitable, fraternal, educational or military organization or association conducting casual sales, concerts, dances, entertainment, exhibitions or lectures or other activities for fund raising purposes and where the funds so derived are retained strictly for charitable, religious, educational, fraternal or military purposes and do not go to the benefit or use or profit of any person.

Home Care Facilities. All home care facilities shall have a business license issued by the city. No fee shall be charged for such business licenses. After issuance of a business license, the applicant shall maintain a current state of California license for such use within the city. The business license shall be issued for the purpose of identifying the type, location and owner/operator of each care facility in the city.

Disabled and Infirm Persons. The city council may, upon written evidence received from a city church or recognized charitable organization or civic association, or the city clerk, or deputy license collector, or other competent source, that any person by reason of physical infirmity, unavoidable misfortune or unavoidable poverty, merits exemption from the operation of any license required by any provision of this chapter or Chapters 5.12, 5.16, 5.20, 5.24 or 5.68, allow such person an exemption of twelve dollars on one license for the conduct of any one business licensed by any provisions of this chapter or Chapters 5.12, 5.16, 5.20, 5.24 or 5.68, or a free license to peddle or solicit within the city.

Minors. Minors under the age of eighteen years shall be entitled to a free license for engaging in parttime activities coming within the definition and license requirements of this chapter and Chapters 5.12, 5.16, 5.20, 5.24 or 5.68, but they shall be subject to all permit and registration procedures of this title.

Interstate Commerce. Every person claiming to be entitled to exemption from the payment of any license fee provided for in this chapter or Chapters 5.12, 5.16, 5.20, 5.24 or 5.68 upon the ground that such license casts a burden upon his rights to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States congress respecting interstate commerce, shall file a verified statement with the city clerk disclosing the interstate or other character of his business entitling such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods to be delivered, the name from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the locations of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit for the information of the city clerk. If it appears that the applicant is entitled to such exemption, the city clerk shall issue a free license. In case of dispute, the decision of the city attorney shall be final.

Exemption Under Other Provisions of State Law. Every person claiming to be entitled to an exemption from payment of any license fee provided for in this section upon the ground that such license fee is exempt under state law, shall file a verified statement with the city clerk disclosing the character of such business entitling such exemption. Such statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that such person comes within the exemption of the state law. Additional information shall be supplied to the city clerk or city attorney, upon request, in order to ascertain whether or not the claimant meets the exemption of the state law. In case of dispute, the decision of the city attorney shall be final.

Public Utilities and Franchise Holders. All public utilities or privately owned public utilities which are holders of a franchise from the city shall be exempt from the provisions of this chapter and Chapters 5.12, 5.16, 5.20, 5.24 and 5.68; provided, however, that any public utility or privately owned public utility which maintains an office or place of business or other facility in this city shall pay a business license fee to the city, which fee shall be computed in accordance with the provisions of Chapter 5.24 of this code.

Secondhand Goods. When any person is engaged in any business licensed under the provisions of this chapter or Chapters 5.12, 5.16, 5.20, 5.24 or 5.68, and as an incident to this business accepts secondhand goods as part payment on any new merchandise, such person shall not be required to obtain a license as a secondhand dealer, for the doing of such acts shall not be considered as dealing in secondhand merchandise.

Endorsement of Exempt Licenses. Whenever the city clerk issues any license granting any exemption provided for in this chapter or Chapters 5.12, 5.16, 5.20, 5.24 or 5.68, the person to whom such license is issued shall endorse thereon his signature, in ink, in the presence of the city clerk or deputy license clerk or deputy license collector, and no such license shall be transferable.

Any such exempt license shall be issued by the city clerk or deputy license collector only for the minimum license period of any such business, and may be renewed for the same period under the same conditions and in the same manner as originally obtained.

Revocation of License Exemptions. At any time that it appears to the satisfaction of the license and permit hearing board that none of the conditions specified in this chapter or Chapters 5.12, 5.16, 5.20, 5.24 or 5.68, as meriting exemption from license requirements exists as to any person to whom any such exemption has been allowed, the license and permit hearing board may revoke such exemption and the exempt license issued thereunder. The revocation shall be in accordance with the procedure set forth in Chapter 5.12.

(Prior code § 8-13; Ord. 636 § 1, 1978; Ord. 900 § 1, 1989; Ord. 973 §§ 2, 3, 1992)