There are imposed upon the businesses, trades, professions,
callings and occupations specified in this title license taxes in
the amounts hereinafter prescribed. It is unlawful for any person
to transact and carry on any business, trade, profession, calling
or occupation in the city without first having procured a license
from the city so to do or without complying with any and all applicable
provisions of this title.
This section shall not be construed to require any person to
obtain a license prior to doing business within the city if such requirement
conflicts with applicable statutes of the United States or of the
state.
Persons not required to obtain a license prior to doing business
within the city because of conflict with applicable statutes of the
United States or of the state shall be liable for payment of the tax
imposed by this title.
(Prior code § 6104)
No person shall conduct any business in the city without having
an unrevoked license from the city so to do, valid and in effect at
the time, and without complying with any and all regulations of such
business contained in this code. No person who is an employee or who
is the direct representative of a licensee shall be required to pay
a license for the doing of any part of the work of such licensee.
(Prior code § 6105)
Every person who operates any business, whether upon a cost,
rental or commission basis as a concession or upon rented floor space
in or upon the premises of any person licensed under any provision
of this title, shall be required to obtain a separate and independent
license pursuant to the appropriate provisions hereof, and shall be
subject to all provisions of this title.
(Prior code § 6106)
The chief of police and all police officers of the city shall
have and exercise the power to make arrests for the violation of any
of the provisions of this title and to enter, free of charge, at any
time, any place of business for which a license is required by this
title and to demand the exhibition of such license for the current
term by any person engaged or employed in the transaction of such
business; and if such person shall then and there fail to exhibit
such license, such persons shall be liable to the penalty provided
for a violation of this code.
(Prior code § 6107)
Separate licenses must be obtained for each branch, establishment,
or separate place of business in which the business is conducted.
(Prior code § 6108)
In the event that any person is conducting, managing or carrying
on, at one location, more than one business required to be licensed
hereunder, (or is conducting one business which might be classified
in one or more groups), the license tax to be paid by such person
shall be determined as follows:
Such person shall pay the highest license tax provided herein
for any of the businesses so conducted, and shall not pay any license
tax for any other of such several businesses.
For the purposes of this section, machines and games licensed pursuant to this title shall be subject to the fees provided in Section 5.12.230 in addition to the license tax for any other business conducted, managed or carried on at one location.
(Prior code § 6109; Ord. 1370 § 1, 1974; Ord. 1596 § 2, 1983)
The issuance of a license under this chapter shall not entitle
the licensee to engage in any business which for any reason is in
violation of any law, ordinance or code section.
(Prior code § 6110)
No license hereunder shall be transferred or assigned, nor shall
such license be construed as authorizing any person other than the
licensee to engage in the licensed business.
(Prior code § 6111)
No license shall be required for, of or from the following:
(1)
Those
exempt from municipal license tax by virtue of the Constitution and
the laws of this state or the United States. Those exempt from municipal
license tax under the rules applicable to interstate commerce;
(2)
Any
institution or organization which is conducted wholly for the benefit
of charitable purposes and from which profit is not derived, either
directly or indirectly by any person; nor shall any license be required
for the conducting of any entertainment dance, concert, exhibition,
or lecture on scientific, historical, literary, religious, or moral
subjects whenever the receipts from the same are to be appropriated
to any church or school, or to any religious or benevolent purpose
within the city; nor shall any license be required for the conducting
of any entertainment, dance, concert, exhibition, or lecture whenever
the receipts from the same are to be appropriated for the purposes
and objects for which such association or organization was formed,
and from which profit is not derived, either directly or indirectly,
by any person. Nothing contained in this chapter shall be deemed to
exempt any such institution or organization from complying with the
provisions of this code requiring such institution or organization
to obtain a permit from the city council or proper officer to conduct,
manage, or carry on any business;
(3)
Any
enterprise or entertainment when the receipts derived therefrom are
to be apportioned to any church or school or to any religious or benevolent
and/or charitable purpose within the city;
(4)
Any
honorably discharged soldier, sailor or marine of the United States
who is physically unable to obtain a livelihood by manual labor, and
who is peddling, hawking and vending any goods, wares or merchandise
owned by him; and who exhibits his or her authenticated discharge
papers and an application approved by the license collector of the
city;
(5)
Any
person peddling exclusively any fruit or vegetables or other produce
raised upon his or her lands; provided, however, that such person
shall furnish conclusive proof to the license collector of the city
that such products were raised by him on his or her lands before the
issuance of license exempt from fee, and any person so peddling shall
carry said license with him;
(6)
Any
employee or direct agent of a licensee conducting the business of
such licensee;
(7)
The
conducting of any boarding home, boarding school, lodging house, or
home for the aged, containing less than four sleeping rooms. or the
conducting of any boarding house, day school, or day nursery, accommodating
less than four persons for a remuneration;
(8)
To
conduct a sale at public auction of articles of personal property
belonging to residents of the city which articles shall not be a stock
in trade or any part of any stock in trade of any kind;
(9)
The
city council may revoke any license granted pursuant to the provisions
of this section upon information that the licensee is not entitled
to the exemption as provided herein;
(10)
Any person claiming an exemption pursuant to this section shall file
a verified statement with the license collector stating the facts
upon which exemption is claimed;
(11)
The license collector shall, upon the proper showing contained in
the certified statement, issue a license to such person claiming exemption
under the subdivisions of this section without payment to the city
of the license tax required by this title;
(12)
In all cases of doubt as to any applicant being entitled to an exemption
from any license tax or from the application of any of the provisions
of this chapter, the burden of establishing the right of such exemption
shall be upon the applicant. All applications for exemption in such
cases shall be referred to the city council which shall consider and
act upon the same and grant or refuse such exemption as in the use
of its discretion it shall deem just. In the event the city council
refuses an exemption, the applicant therefor shall be entitled to
a hearing before the council upon request therefor, at which time
the council shall review the matter.
Provided, however, that nothing in this section or any subdivision
hereof shall exempt any person from complying with any of the regulatory
measures or provisions of any other ordinance of the city.
(Prior code § 6112; Ord. 1194 § 1, 1967)
No license issued pursuant to this title shall be transferable;
provided, 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 which shall
be determined by resolution of the city council, have the license
amended to authorize the transacting and carrying on of such business
under said license at some other location to which the business is
or to be moved.
(Prior code § 6113; Ord. 1596 § 3, 1983; Ord. 1779 § 4, 1989)
Where a license for revenue purposes has been issued to any
business by the city and the tax paid therefor under the provisions
of any ordinance heretofore enacted and the term of such license has
not expired, then the license tax prescribed for said business by
this title shall not be payable until the expiration of the term of
such unexpired license.
(Prior code § 6114)
A duplicate license may be issued by the license collector to
replace any license previously issued hereunder which has been lost
or destroyed, upon the licensee filing an affidavit attesting to such
fact, and at the time of filing such affidavit paying to the license
collector a duplicate license fee in an amount which shall be determined
by resolution of the city council.
(Prior code § 6115; Ord. 1596 § 3, 1983; Ord. 1779 § 4, 1989)
All licenses must be kept and posted in the following manner:
(1)
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.
(2)
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.
(3)
Any
licensee to whom a license has been issued for the operation of a
wheeled vehicle shall be issued by the license collector, in addition
to the license certificate, a paper or metal license certificate and
said certificate shall at all times during the effective dates thereof
be affixed to the windshield or left front door in the case of a sticker,
or on the rear of said vehicle in a conspicuous place in case of a
metal license plate.
(Prior code § 6116)
Every person required to have a license under the provisions
of this title shall first obtain a Certificate of Occupancy for the
premises where the business is to be transacted and carried on, and
then make application for the same to the license collector of the
city, and upon the payment of the prescribed tax the license collector
shall issue to such person a license which shall contain:
(1)
The
name of the person to whom the license is issued;
(2)
The
name of the business licensed;
(3)
The
place where such business is to be transacted and carried on;
(4)
The
date of the expiration of such license;
(5)
Such
other information as may be necessary for the enforcement of the provisions
of this title.
(Prior code § 6117; Ord. 1779 § 4, 1989; Ord. 1831 § 2, 1992)
The amount of license fees to be paid to the city by any person engaged in or carrying on any profession, trade, calling, occupation or business under the provisions of this title is hereby fixed and established as in Chapter 5.12 set forth.
(Prior code § 6118)
(a)
In
all cases where the amount of license to be paid by any person is
based upon the number of employees employed, it shall be the duty
and obligation of the applicant to file with the license collector
simultaneously with the filing of the application, or as a part thereof,
a written statement showing the average number of individuals engaged,
employed or used in the conduct of such business during the six months
period immediately prior to the filing of the application and such
number of individuals shall determine the license fee to be paid in
accordance with the schedules herein provided.
In determining the number of employees for the purpose of fixing
the license tax due under this title, the employer shall take the
number of employees earning wages during pay periods ending the nearest
fifteenth day of each month as shown by Form DE3 of the State Department
of Employment, or other form which may hereafter be adopted for reporting
payments due under the Unemployment Insurance Act for each month on
the previous calendar year, adding the same and dividing by twelve;
if the employer has been in business less than one year, he may use
the average number of employees as shown by said form for the last
quarter. If the application of such formula produces a fractional
number of employees, the next lowest integer shall be used.
If the application is for a new, previously unlicensed business,
such application or written statement shall estimate the number of
individuals proposed to be engaged, employed or used in the conduct
of the business, which estimate shall be reconciled in accordance
with the facts when the succeeding annual renewal of the license certificate
is applied for at which time the license fee shall be adjusted accordingly.
(b)
Such
statements or estimates shall not be conclusive upon the city or upon
any officer thereof as to the matters set forth therein, and the same
shall not prejudice the rights of the city to recover any amount that
might be ascertained to be due from such person, in addition to the
amount shown by such statement to be due in case such statements are
found to be incorrect. The correctness of all such statements shall
be subject to verification by the license collector of the city or
his or her properly authorized deputies who are hereby authorized
and empowered to inspect and audit the books and records of any and
all persons licensed to carry on any trade, business, occupation or
calling in this title specified.
If any person fails to file any required statement within the
prescribed time, the license collector shall assess the maximum license
rate prescribed for the profession, trade, calling or occupation carried
on by such person as hereinabove provided by giving written notice
of the amount assessed by serving it personally or by depositing it
in a United States post office at Monterey Park, California, postage
prepaid, addressed to the person so assessed, at his or her last known
address. Such person may, within ten days after the mailing or serving
of such notice, make application in writing to the license collector
for a hearing, on the amount of the license tax. If such application
is not made within the time prescribed, the assessment shall become
final, and if such application is made within the time prescribed,
the license collector shall cause the matter to be set for hearing
before the city council. The city council shall consider all evidence
produced and the amount of the license tax so determined by the city
council shall be the amount due and payable for such license.
(c)
The
license collector shall not issue to any such person another license
for the same or any other business until such person shall have furnished
to him the written statements and/or paid the license tax as herein
required.
(Prior code § 6119)
(a)
The
application shall indicate that the applicant has procured and paid
in advance the annual premium upon an automobile insurance policy
or certificate of insurance, and shall submit a copy of such insurance
policy, prior to being granted a permit to operate a business-by-vehicle
within the city. The policy of insurance shall indicate all vehicles
and substitute vehicles to be used and the owner of the vehicles.
The insurance policies must remain in full force and effect and must
meet the following minimum coverage requirements by state law for
each vehicle. The policy of insurance for each vehicle listed in the
application must be issued by a carrier licensed by the state Department
of Insurance to sell commercial automobile liability in the state
and be a member of the California Insurance Guarantee Fund, with a
minimum A.M. Best rating of B+VII or a comparable rating applicable
to insurance companies as stated from time to time by Standard and
Poor's, Moody's or Fitch Investors Services for insurance rating purposes.
(b)
If
the automobile insurance policy is allowed to lapse or terminate,
the business license is void.
(c)
When
the automobile insurance expires before the end of the license year,
the applicant must submit a copy of the policy or certificate showing
renewal of the insurance for another year. All insurance information
must be reaffirmed each year upon renewal of the business license.
(Ord. 1853 § 1, 1993)
For failure to pay an annual, semiannual or quarterly license
tax when due, the license collector shall add a penalty of ten percent
of said license tax on the first day of each month after the due date
thereof. For failure to pay a monthly, weekly or daily license tax
when due, the license collector shall add a penalty of ten percent
of said license tax on the day following the due date thereof.
(Prior code § 6120; Ord. 1596 § 3, 1983)
In no event shall any mistake made by the license collector
in stating the amount of the license fee or in receiving the license
fee prevent or prejudice the collection by the city of the amount
actually due, together with all the costs of collection, from any
person for conducting any business without a license or for refusing
to pay the license fees specified herein. Overpayments shall be reimbursed
upon approval of the finance officer.
(Prior code § 6121)
The license collector shall issue numbered plates or stickers to each licensee who is issued a license for conducting business by vehicle as defined herein, one plate for each vehicle so used, which plate shall be placed conspicuously on the vehicle as set forth in Section 5.08.130(3). No person shall place any such plate or sticker on a vehicle not used by the licensee in such business, or drive or operate a vehicle engaged in any such business upon which no plate or sticker is placed, except as provided in Section 5.12.280.
(Prior code § 6122)
Annual licenses shall date from the first day of January of
each year; quarterly licenses shall date from the first days of January,
April, July and October, respectively; monthly licenses shall date
from the first day of the calendar month for which they are issued;
daily or weekly licenses shall be due and payable each day or week
in advance. Renewal licenses become delinquent on or after the due
date and new licenses become delinquent upon the date of commencement
of the operation of the business.
(Prior code § 6123)
All annual license fees, under the provisions of this chapter, shall be due and payable in lawful money of the United States in advance on the first day of January of each year. Any person doing business for less than the full year and for which business an annual license fee is provided in this chapter shall be required to pay the amount of the license fee for a full year, except that the fee for any such license issued on or after July 1st of any year for the remainder of such calendar year to a person not subject to be licensed by the city for the conduct of such business during any part of the first six months of said year shall be fifty percent of the annual license fee prescribed for such business; provided, however, that fees for classifications set forth in Sections 5.12.110 through 5.12.150 shall be in accordance with Section 5.08.200, no matter when the license is issued.
Except as otherwise provided herein, license fees, other than
annual, required hereunder, shall not be prorated and shall be due
and payable in advance in lawful money of the United States as follows:
(1)
Quarterly
license fees on the first days of January, April, July and October
of each year;
(2)
Monthly
license fees on the first day of each and every calendar month;
(3)
Weekly
license fees on Monday of each week;
(Prior code § 6124; Ord. 1470 § 1, 1978)
The amount of any license tax and penalty imposed by the provisions
of this title, shall be deemed a debt to the city, and any person
carrying on any business without first having procured a license from
the city so to do, shall be liable to an action in the name of the
city in any court of competent jurisdiction for the amount of license
tax and penalties imposed on such business.
(Prior code § 6125)
The conviction and fine or imprisonment 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 tax
to conduct such business, nor shall the payment of any license tax
prevent a criminal prosecution for the violation of any of the provisions
of this title. 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 § 6126)
Concurrently with the issuance of a license for any mechanical
amusement device which furnishes or may be operated as a game, contest
or amusement, or any vending machine, weighing machines, or machine
or device furnishing astrological readings, foot-ease servicing, automatic
shoe shining, automatic instrumental or phonographic music, the license
collector shall issue and furnish an identification card for each
such device or machine so licensed. Such identification card shall
be and remain attached to said device or machine at all times. A change
in the particular device or machine at the place of business specified
on the license may be made at the option of the owner or operator
thereof at any time during the period designated in said license where
such change is the substitution of a device or machine of the same
type and the owner or operator thereof shall notify the license collector
of such change.
(Prior code § 6127)
Any license issued under this chapter is subject to revocation
for cause in the manner provided by law.
Complaints against any licensee seeking a revocation of license
must be in writing and must set forth one or more of the grounds hereinafter
enumerated, which shall constitute the basis for the revocation of
the license issued hereunder.
A written report of the city or of the chief of police or any
officer or employee of the city disclosing asserted violations of
law or ordinance by the licensee shall be deemed a complaint within
the meaning of this section. All complaints must be verified unless
made by police officers or employees in their official capacity.
The following are the grounds which shall constitute the basis
for the revocation of licenses:
(1)
When
the continuance of the operations of the licensee under such license
shall be contrary to the public health, safety, peace, welfare or
morals;
(2)
The
violation of any of the penal provisions of this title;
(3)
The
misrepresentation of a material fact by any applicant in obtaining
any license hereunder;
(4)
The
plea, verdict, or judgment of guilty to any public offense involving
moral turpitude charged against the licensee.
(Prior code § 6128)
Complaints may be filed with the city council and upon the filing
thereof the city council, after investigation, if it deems such complaint
to warrant further consideration, must provide for a public hearing
thereon and determine whether or not such license should be revoked.
(Prior code § 6129)
The city council shall cause written notice of the time and
place of the hearing of the complaint or report to be given to the
complaining party as well as to the licensee. The hearing shall be
set for a date not less than five days subsequent to the mailing of
the notice. The notice shall be sent to the licensee by registered
mail, addressed to said licensee at his or her address as shown in
the license records of the city, and enclosed with such notice shall
be a copy of the complaint or report filed with the city council.
All hearings before the city council shall be conducted informally
and the council shall not be bound by any statutory rules of evidence
or procedure, but shall make inquiry in such manner as it deems advisable
to protect the rights of the parties and to carry out the purposes
of this chapter. Any licensee shall be entitled to have witnesses
subpoenaed and to appear and give testimony with respect to the charges
made against him. The decision of the city council after holding of
such hearing shall be final and conclusive and shall be binding upon
all parties concerned. If the city council shall order the revocation
of any license issued hereunder, no person whose license has been
revoked shall thereafter conduct such business in the city.
(Prior code § 6130)
Upon such revocation of a license, no part of the license fee
collected shall be returned but shall be forfeited to the city. When
the license of any person is revoked for any cause, no new or other
license shall be granted to such person within six months from the
date of such revocation.
(Prior code § 6131)
Where a license has been issued by the city for any business
and the tax fee paid therefor under the provisions of any ordinance
heretofore enacted and the term of such license has not expired, then
the license fee prescribed for said business by this title shall not
be payable until the expiration of the term of such unexpired license.
(Prior code § 6132)
It is the intent of this title to ordain regulatory provisions only with regard to the specific businesses set forth in Chapters 5.16, 5.24 through 5.52, 5.60 through 5.76, 6.12, 9.21 and Title 19, and to prescribe a schedule of fees for revenue purposes only for those businesses set forth in Chapters 5.04 through 5.12. In the event that any provision of Chapters 5.04 through 5.12 should be construed to be regulatory, then neither such provision, nor any penal provision thereof shall be applied or be made applicable to any business, regulated exclusively by the state or other governmental agency, which by the laws of this state or court decision is not subject to further regulation by this city. Any business contained in Chapter 5.12, for which a permit is required, shall be construed as enacted for both revenue and regulatory purposes.
(Prior code § 6133)
