A.
Unless otherwise exempted by local, State or Federal law or regulation, every person desiring to transact, conduct, undertake or carry on any business within the City must apply for and obtain a business license pursuant to this chapter, pay all fees set forth in this title, and, if required, obtain a regulatory permit pursuant to Chapter 4.03, prior to undertaking such business activities.
B.
A separate
business license must be obtained for each separate business, or each
branch establishment, or separate place of business in which a business,
show, exhibition, or game is transacted, conducted, or carried on.
C.
Any
person conducting more than one business in the same establishment
or location is not required to pay more than one business license
fee; provided, however, such additional business must be one that
is ordinarily and customarily conducted in connection with such other
business. A business is not ordinarily and customarily conducted in
connection with another business if there are two or more separate
and distinct business entities or names wherein separate sets of accounting
records, bank accounts, and the like are maintained.
(Ord. 557 § 3, 2019)
A.
The
issuing officer may deny an application for a business license, if
the applicant or any agent or representative thereof has:
1.
Made
any false, misleading or fraudulent statement of a material fact in
the application or in any record or report required to be filed under
this title;
2.
Violated
any of the provisions of this chapter or any provisions of any other
ordinance or law relating to or regulating said business or occupation;
3.
Been
convicted of a crime, the nature of which indicates the applicant's
unfitness to operate the proposed business. A plea or verdict of guilty,
a finding of guilty by a court in a trial without a jury, a plea of
nolo contendere, or a forfeiture of bail is deemed a conviction;
4.
Failed
to obtain or comply with a license, where this code or the laws of
the State of California require a person or entity to be licensed
under and by virtue of its laws;
5.
Proposed
to conduct or carry on a business where prohibited by the zoning ordinance
or within a structure which does not comply with applicable building
code regulations.
B.
If the issuing officer determines that the application should be denied pursuant to this title, the issuing officer prepares a notice of denial setting forth the reasons for such denial and sends the notice of the denial to the application by first class mail at the address listed on the application. The denial of a business license may be appealed pursuant to Section 4.02.120.
(Ord. 557 § 3, 2019)
A.
Every
person required to obtain an initial business license or renew a regulatory
permit annually under the provisions of this title must submit an
application for a business license to the issuing officer. The application
constitutes consent to entry and inspection during business hours
by any law enforcement personnel, the issuing officer and any designee
of the issuing officer of the premises licensed pursuant to this title.
The application must be a written statement upon a form or forms provided
by the issuing officer and must be signed by a person indicated below.
The application must set forth such information required and as may
be reasonably necessary to properly determine the amount of the license
fee to be paid by the applicant and whether a regulatory permit is
required, including, but not limited to, the following:
1.
The
nature or kind of business or enterprise for which the business license
is required;
2.
The
place where such business or enterprise will be transacted or carried
on;
3.
The
name of the owner of the business or enterprise;
4.
A
signature of the owner of the business, or authorized representative;
and
5.
Such
other information deemed necessary by the issuing officer to carry
out the purposes of this title.
B.
Upon
receipt of an application for a business license, the issuing officer
may send copies of such application to any office or department which
the issuing officer may deem appropriate in order to carry out a proper
investigation of the applicant or the applicant's proposed business
and to determine whether a regulatory permit is required pursuant
to this title.
C.
Every
officer or department to which an application for a business license
or regulatory permit is referred may request from the issuing officer
that additional information be obtained from the applicant relating
to the proposed license and permit as such officer or department deems
necessary.
D.
The
issuing officer and every officer or department to which an application
is referred may investigate the truth of the matters set forth in
the application, the character of the applicant as it relates to doing
business under the license and permit and may examine the premises
proposed to be used for the business.
E.
No person
may willfully make a false statement or fail to report any material
fact in any application for any license under the provisions of this
chapter.
F.
If after investigation, the issuing officer determines that conditions are necessary for the protection of the public health, safety, and welfare, the issuing officer may include such conditions in the regulatory permit pursuant to Section 4.03.040.
H.
Any
license or permit issued pursuant to this title is valid for a period
of one year after the date of issuance unless a different date is
indicated on the license or permit.
I.
If the
license is granted, the name and business address of the licensee
will be available to any interested member of the general public for
the duration of the license; provided, however, that, to the extent
permitted by State law, a home occupation may provide a P.O. box as
a business address.
J.
If any
license has been issued through error based on a misrepresentation
in an application, the license is void and of no force and effect.
(Ord. 557 § 3, 2019)
Unless otherwise specified in the license or this code, every
business license expires one year after issuance date. Business licenses
may be renewed pursuant to this title by remitting the renewal fee
by the expiration date. Any business requiring a regulatory permit
must submit an application annually by the expiration date.
(Ord. 557 § 3, 2019)
All licenses must be kept and posted in the following manner:
A.
Subject
to other provisions of this code, any licensee engaged in business
at a fixed place of business must post the license in a conspicuous
place upon the premises where the business is conducted.
B.
Any
person engaged in business in the City, but not operating from a fixed
place of business, must keep the license on her or his person at all
times while engaging in such business.
C.
Each
licensee must at all times when requested, exhibit the license to
any law enforcement officer or other official of the City.
(Ord. 557 § 3, 2019)
A.
Every
license issued under and by virtue of this chapter may be revoked
by the City Council based upon a failure to comply with any term or
terms of this title.
B.
Prior
to revoking a license, the issuing officer provides written notice,
either personally or by mail, to the licensee. The notice must state
the date, time and place when the issuing officer will recommend revocation
to the City Council. At the time and place as stated in the notice,
the licensee may appear and be heard by the City Council. In the event
that the licensee appears and contests the revocation, the City Council
may set a time and place for the hearing of the recommendation for
revocation. The hearing will be held at the time and place set by
the City Council. The City Council's decision on revocation
is final.
(Ord. 557 § 3, 2019)
A business license, including any regulatory permit associated
with a business license, is not transferable from one person or one
place to another, and is void if transferred from the person or location
specified in the written application and in the license.
(Ord. 557 § 3, 2019)
A.
Every
person desiring to obtain a business license pursuant to this title
must pay a business license fee in an amount established by resolution
of the City Council. All business license fees must be paid before
beginning business activities. License fees must be paid in the lawful
money of the United States at the office of the issuing officer.
B.
In no
event does any mistake or error made by the issuing officer in stating
the amount of a license prevent the collection by the City of an amount
that is actually due from any person transacting or carrying on a
business subject to a license under this title.
(Ord. 557 § 3, 2019)
A.
The
license fee provided in this chapter is due and payable to the City
prior to issuance or renewal of a license. Fees are delinquent 30
days after the due date.
B.
If any
person commences a new business during the calendar year, the license
fee will not be prorated.
C.
In the
event the license is for any reason whatsoever revoked, suspended,
denied or in any event not obtained by the applicant, the fee paid
will not be refunded to the applicant.
(Ord. 557 § 3, 2019)
If any license fee for a business located within the City becomes
delinquent, a penalty in the amount equal to 50% of the license fee
due and payable is added to the license fee amount. The 50% penalty
continues to accrue each 30-day period that the license fee remains
delinquent. No license may be issued until the license fee and all
penalties are paid in full.
(Ord. 557 § 3, 2019)
A.
Except
as may be otherwise specifically provided in this title, the following
businesses are exempt from the payment of business license fees but
must still obtain a business license:
1.
Banks,
including national banking associations to the extent provided by
Article XIII, Section 27, of the State Constitution;
2.
Insurance
companies and associations, to the extent provided by Article XIII,
Sections 27 and 28, of the State Constitution;
3.
Any
person conducting or staging any concert, exhibition, lecture, dance,
amusement or entertainment where the receipts, if any, derived therefrom
are to be used solely for charitable or benevolent purposes and not
for private gain is exempt from the payment of any business license
fee under the provisions of this chapter;
4.
Any
of the following:
a.
Every person who is serving on active duty on the Army, Navy, Marines,
Air Force, or Coast Guard and every spouse or registered domestic
partner of any person serving on active duty,
b.
Every person who is honorably discharged or honorably relieved from
the Army, Navy, Marines, Air Force, or Coast Guard and every spouse
or registered domestic partner of any such person,
c.
Any person claiming exemption pursuant to subsection (4)(a) or (b) must submit to the issuing officer proof of release from active duty under honorable conditions or honorable discharge, military identification, military dependent identification, copy of DD Form 214, or other evidence satisfactory to the issuing officer;
5.
Tax
exempt, nonprofit, charitable organizations but only for the following
activities:
a.
To conduct, manage, or carry on any business, occupation or activity
by any institution or organization which is conducted, managed, or
carried on wholly for the benefit of charitable purposes or from which
profit is not derived, either directly or indirectly, by any individual,
firm, or occupation,
b.
For the occasional conducting of any entertainment, concert, dance,
exhibit, or lecture on scientific, historical, literary, religious,
or moral subjects within the City, whenever the receipts of any such
event are to be appropriated to any church, school, religious or benevolent
purpose, or a tax exempt nonprofit organization;
6.
Any
person whom the City is not authorized to license for revenue purposes
because of any valid law or constitution of the United States or the
State of California.
B.
The
issuing officer may require the filing of a verified statement, with
supporting documentation, from any person claiming to be excluded
by the provisions of this title, which statement sets forth all facts
upon which the exclusion is claimed.
(Ord. 557 § 3, 2019)
A.
Any person aggrieved by the decision of the issuing officer with respect to the issuance or refusal to issue a license or permit pursuant to this title may appeal that decision to the City Manager within 30 calendar days after notice of the action was received or the permit or license was issued pursuant to the appeal procedures in Chapter 1.14.
(Ord. 557 § 3, 2019)
