Note: Prior history: Prior code §§ 3-1.101—3.1.116.
For the purposes of this chapter and Chapter 5.08, the following words and phrases are defined as follows:
"Business"
means professions, trades, and occupations and all and every kind of calling carried on in the city with or without the intent of making a profit.
"Business license administration fees"
means the fees established by resolution of the city council and charged by the city to businesses to pay the city's costs associated with the administration of the city's business license program.
"Business license fees"
means the tax, which was previously established by ordinance, imposed on businesses operating in the city.
"City council"
means the Hanford city council.
"Director of finance"
means the city's director of finance and his or her designee(s), including, without limitation, police officers and code enforcement officers.
"Gross receipts"
means the gross receipts received from business transacted within the city and shall include the total amount of the sales price of all sales or the total amount charged or received for the performance of any act, service, or employment of whatever nature it may be, whether such service, act or employment is done as a part of, or in connection with, the sale of goods or wares or not, for which a charge is made or credit is allowed, including, without limitation, all receipts, cash, credits, property, or consideration of any kind or nature; provided, however, cash discounts allowed or taken on sales shall not be included. Any tax required by law to be included or added to the purchase price and collected from a consumer or purchaser shall be deductible. Such part of the sales price of any property previously sold and returned by the purchaser to the seller, which is refunded by the seller by way of cash or credit allowances, shall be deducted for the purpose of determining gross receipts.
"Itinerant vendor"
includes all persons who have no permanent place of business in the city and engage in a temporary and transient business in the city selling goods, wares, or merchandise or providing services; provided however, such term shall not apply to commercial travelers selling their goods to merchants and other business establishments, whether for present or future delivery, nor shall such term apply to peddlers.
"Peddler"
includes every person who carries from place to place, in either a pack, vehicle, basket, or other contrivance, and offers or sells, barters, or exchanges any goods, wares or merchandise (except religious publications, newspapers or periodicals); provided, however, such term shall not apply to commercial travelers selling their goods to merchants and other business establishments, whether for present or future delivery.
"Permanent place of business"
means a permanent store, office, or place where business is regularly transacted in such a manner as a business of that nature is generally conducted and where the circumstances show an intention to be an established, fixed, and continuous part of the regular and legitimate business life of the city.
"Person"
means and includes corporations, limited liability companies, associations, syndicates, partnerships, clubs, business trusts, common law trusts, societies, joint ventures, and individuals.
(Ord. 21-01 § 3, 2021)
A. 
Except as otherwise provided in this chapter, it is unlawful for any person, either as principal or agent, to commence, transact or carry on within the city any business without first procuring and maintaining a license therefor.
B. 
The payment of business license fees pursuant to this chapter and Chapter 5.08, acceptance of such fees by the city, and the issuance of a business license to any person shall not, however, entitle the holder thereof to carry on any business unless he/she also complies with all requirements of this chapter and other provisions of this code, including, without limitation, zoning provisions of Title 17.
(Ord. 21-01 § 3, 2021)
Every person required to have a license pursuant to this chapter and Chapter 5.08 shall make an application therefor to the director of finance upon forms prescribed by the director of finance. Upon submission of an application deemed complete by the director of finance and payment of the business license fee and business license administration fee, the director of finance shall issue to such person a license which shall contain the following information:
A. 
The name of the person to whom the license is issued;
B. 
The business licensed;
C. 
The place where such business is to be carried on;
D. 
The date of expiration of such license; and
E. 
Such other information as the director of finance may prescribe.
(Ord. 21-01 § 3, 2021)
A. 
For any new business for which business license fees are payable annually, the person conducting such business shall, as a condition of business license issuance, pay the minimum annual business license fee as follows:
1. 
Businesses commencing at any time during the half quarter of an annual licensing period (January 1 through June 30) shall pay the full minimum annual business license fee.
2. 
Businesses commencing at any time during the second half of an annual licensing period (July 1 through December 31) shall pay 50% of the minimum annual business license fee.
For annual business license fees calculated based upon gross receipts, the licensee shall, at the beginning of the next annual license period, furnish the gross receipts statement required by the provisions of Section 5.04.070, and the director of finance shall compute the business license fee for the then-current year by calculating the amount of gross receipts such business would have had if it had been in operation the entire preceding year.
B. 
For any new business required to pay a daily or monthly license fee, the license fee for the portion of the period shall not be prorated.
(Ord. 21-01 § 3, 2021)
A. 
All annual business licenses shall expire on December 31 of each year and shall automatically renew on January 1 for successive one year periods, subject to the following conditions:
1. 
Payment of the business license fee and business license administration fee prior to delinquency;
2. 
For businesses required to file gross receipts statements, the timely submission of a gross receipts statement to the city that the city deems acceptable; and
3. 
Payment of any past due amounts owed to the city, including, without limitation, utility fees.
The failure to satisfy the requirements of this section shall result in the automatic suspension of a business's license, and the business will be precluded from operation within the city's boundaries until the requirements are satisfied.
B. 
Daily and monthly business licenses will automatically expire at the end of the period specified in the license and will not automatically renew. A business desiring to extend its daily or monthly business license will be required to apply for an extension of its business license.
(Ord. 21-01 § 3, 2021)
A. 
Annual. All business license fees that are payable annually shall be due and payable in advance beginning on January 1 of each year except when a new business is commenced, in which event the initial business license fee shall prorated in accordance with Section 5.04.040 and will be due when a business license is issued. The director of finance shall, however, have the authority to require annual business license fees to be paid in installments over the course of a year (e.g., semi-annually or quarterly) if he or she deems that collection of annual fees in multiple of installments serves a public interest.
B. 
Monthly. Monthly licenses shall be due on the first day of each month.
C. 
Daily. Daily licenses shall be due every day in advance and may be issued at any time for any number of days.
(Ord. 21-01 § 3, 2021)
A. 
For business license fees based upon gross receipts, the fee for the current year shall be computed utilizing the business's total gross receipts for the previous year, and such person transacting such sales or business shall furnish to the director of finance no earlier than January 1 and no later than January 31 of each year a verified statement showing the total gross receipts from such business during the year (January 1 through December 31) immediately preceding. Such statement shall not be conclusive upon the city as to the matters therein set forth and the city may fix and demand a higher business license fee than indicated therein if the facts stated in such statement are incorrect.
B. 
Each business that is subject to this chapter or Chapter 5.08 shall promptly provide to the director of finance any financial records requested by the director that may be utilized to confirm the accuracy of a gross receipts statement or business license fee payable. Such financial records may include, without limitation, tax returns and information saved electronically in accounting or other software.
C. 
Should the director of finance collect business license fees in installments in accordance with Section 5.04.060, the director of finance shall also have the authority to adjust the frequency of submission of gross receipts statements and corresponding submission deadlines to match the modified payment intervals.
(Ord. 21-01 § 3, 2021)
A. 
Annual. Business license fees payable for annual license renewal and business license administration fees that are not paid by the applicable deadline shall be considered delinquent, and the director of finance shall thereupon add late fees established by resolution of the city council. Interest on delinquent fees shall accrue at the rate established by resolution of the city council. Late fees and interest shall be collected by the director of finance when the delinquent fees are paid.
B. 
Monthly. Business license fees payable for monthly license renewal and business license administration fees that are not paid by the applicable deadline shall be considered delinquent and the director of finance shall thereupon add late fees established by resolution of the city council. Interest on delinquent fees shall accrue at the rate established by resolution of the city council. Late fees and interest shall be collected by the director of finance when the delinquent fees are paid.
C. 
Daily. Business license fees payable upon daily license renewal and business license administration fees that are not paid on the day the same becomes due shall be considered to be delinquent and the director of finance shall thereupon add late fees established by resolution of the city council. Interest on delinquent fees shall accrue at the rate established by resolution of the city council. Late fees and interest shall be collected by the director of finance when the delinquent fees are paid.
(Ord. 21-01 § 3, 2021)
The amount of any business license fees, business license administration fees, late fees, and interest imposed by this chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for any amount owed under this chapter that is past due.
(Ord. 21-01 § 3, 2021)
A. 
Posting. Every person having a license to transact business at a permanent place of business shall keep such license posted in a conspicuous place in his or her place of business.
B. 
Carrying. Every person having a license and not having a permanent place of business shall carry such license with him or her at all times while conducting the business for which it was granted and shall produce the same whenever required by the director of finance.
(Ord. 21-01 § 3, 2021)
A duplicate license may be issued by the director of finance to replace any license previously issued which has been lost or destroyed upon payment of a fee established by resolution of the city council.
(Ord. 21-01 § 3, 2021)
Separate licenses shall be obtained for each place of business or branch thereof. Business license fees and business license administration fees shall be payable for each license issued by the city.
(Ord. 21-01 § 3, 2021)
In the event of doubt as to which class any business shall be licensed under, such business shall be licensed in the class which provides the highest business license fee to the city.
(Ord. 21-01 § 3, 2021)
A. 
It is unlawful for any officer or employee of the city having an administrative duty pursuant to the provisions of this chapter and Chapter 5.08 to make known, in any manner whatever, the business affairs, operations or information obtained by an investigation of the records of any person licensed pursuant to the provisions of this chapter and Chapter 5.08, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth or disclosed in any statement or to permit any statement or copy thereof or any book containing any abstract or particulars thereof, to be seen or examined by any person; provided, however, the council, by resolution, may authorize an examination of the statements by federal or state officers or employees if a reciprocal arrangement exists.
B. 
Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the amount of any business license fee.
C. 
Notwithstanding the provisions of this section, the city shall disclose information if required by court order or by law, including, without limitation, the California Public Records Act (Government Code Section 6250, et seq.).
(Ord. 21-01 § 3, 2021)
A. 
Claims. Any person claiming an exemption pursuant to the provisions of this section shall file a verified statement and supporting documentation identified by the director of finance establishing the facts upon which exemption is claimed.
B. 
Federal or State Law. The provisions of this chapter and Chapter 5.08 shall not be construed to apply to any person who is exempt by virtue of the Constitution or laws of the United States or of the state. Businesses exempt from business license fees and business license administration fees, include, without limitation, businesses operated by honorably discharged veterans.
C. 
Charitable and Similar Activities. The provisions of this chapter and Chapter 5.08 shall not be construed to require the payment of business license fees or business license administration fees by a nonprofit entity or organization that is exempt from paying federal and state income taxes; nor shall any license be required for conducting any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts from such entertainment, concert, exhibition or lecture shall be given to a non-profit tax- exempt organization within the city. No such exemption shall be granted to any professional carnival or circus.
D. 
City-Sponsored Events and Recreational Activities. Persons who participate in any city-sponsored event or recreational activity where commercial enterprises are allowed, after the payment of any required participation fee, shall be exempt from the licensing requirements of this chapter and Chapter 5.08 and from the licensing requirement of Chapter 5.32. Such exemption shall be limited and may be utilized only during the time and at the place of such event or recreational activity.
(Ord. 21-01 § 3, 2021)
A. 
It shall be the duty of the director of finance to enforce the provisions of this chapter and Chapter 5.08.
B. 
It shall be the duty of the director of finance to examine all places of business and persons required to maintain a business license pursuant to the provisions of this chapter and Chapter 5.08 to see that such licenses are obtained and remain current.
C. 
The director of finance shall have the power to enter, free of charge, during business hours any place of business for which such license is required and to demand the exhibition of such license.
D. 
Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of the day during which the violation is committed, continued, or permitted.
E. 
Administrative citations and special notices required to be served pursuant to this chapter shall be personally served upon the person to be notified or by deposit in the United States Mail, certified mail with return receipt requested, addressed to such person to be notified at his/her/its last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.
(Ord. 21-01 § 3, 2021)
A. 
Failure of a person to pay business license fees and business license administration fees in full in a timely manner shall result in the automatic suspension of the person's business license. The director of finance or his/her designee shall serve written notice to a licensee upon the automatic suspension of a license for failure to pay business license fees.
B. 
If the director of finance determines that a violation of this chapter or Chapter 5.08, which is unrelated to the payment of business license fees, has occurred, the director of finance may suspend or revoke a business license by serving written notice to the licensee.
C. 
Except as otherwise provided, a suspended business license may be reinstated if the requirements and conditions identified in the written suspension notice issued by the director of finance are satisfied by the date identified in the notice. A suspended business license that is later revoked by the director of finance may not be reinstated, and, if the licensee seeks to conduct business within the city's boundaries after license revocation must apply for a new business license and will be subject to the restrictions set forth in subsection E. below.
D. 
The director of finance may, in his/her reasonable discretion, revoke a business license if: (1) a licensee fails to pay business license fees and/or business license administrative fees in a timely two consecutive times; or (2) a licensee knowingly violates this chapter or Chapter 5.08 and the violation consists of an act or omission other than the failure to pay business license fees and/or business license administration fees in a timely manner.
E. 
Upon revocation of any business license, no business license application by the same person, his or her agent, a business entity in which the person holds a 25% ownership interest, or a business entity in which the person serves as a director, officer, or limited liability company manager will be approved for license to engage in a similar business or activity for a period of one year from the date of such revocation.
F. 
A suspension or revocation shall be final unless appealed by the licensee pursuant to Section 5.04.260.
(Ord. 21-01 § 3, 2021)
A. 
Issuance of Citation.
1. 
Whenever the director of finance determines that a violation of a provision of this chapter has occurred, the director shall have the authority to issue an administrative citation.
2. 
Each administrative citation shall contain the following information:
a. 
The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
b. 
The address or a description of the location where the violation occurred;
c. 
The section of this code violated and a description of the violation;
d. 
The amount of the fine for the violation;
e. 
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
f. 
An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
g. 
A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
h. 
The name and signature of the individual issuing the citation.
B. 
Amount of Fines.
1. 
The amounts of the fines for code violations imposed pursuant to this section shall be set forth in a schedule of fines established by resolution of the city council.
2. 
The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity.
C. 
Payment of Fines.
1. 
Fines shall be paid to the city within 30 days from the date of the administrative citation.
2. 
Any administrative citation fine paid shall be refunded if it is determined, after an appeal hearing, that a person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the citation.
3. 
Payment of a fine under this chapter shall not excuse, discharge, or permit any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
D. 
Late Payment Charges. Unpaid fines shall, after the payment deadline identified in an administrative citation, be assessed a late payment fee established by resolution of the city council, and interest shall accrue thereafter at a rate established by resolution of the city council.
E. 
Recovery of Administrative Citation Fines and Costs. The city may collect any past due administrative citation fine, late payment fee, and interest by use of all available legal means. Collection costs shall be in addition to any late fee and interest imposed upon the delinquent obligation and shall become a part of the underlying obligation.
(Ord. 21-01 § 3, 2021)
A person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor punishable pursuant to Section 19 of the California Penal Code, as may be amended.
(Ord. 21-01 § 3, 2021)
A. 
Operating without a required business license or operating under an expired, suspended, or revoked license is a nuisance and constitutes unfair competition with respect to businesses complying with this chapter and Chapter 5.08. In addition to any other remedy provided by law or in equity, violation of any provision of this chapter, excluding provisions relating to the timely payment of money, may be abated and/or enjoined pursuant to State law. The city may cause proceedings to be brought for abatement and may recover reasonable attorney's fees, court costs and other expenses associated with such action.
B. 
When the director of finance finds that a person has violated or continues to violate, any provision of this chapter, the director may petition the Superior Court of Kings County, California, through the city's attorney, for an abatement warrant and/or the issuance of a temporary restraining order, temporary injunction, and/or permanent injunction, as appropriate, which restrains or compels the specific performance of any requirement imposed by this chapter, including, without limitation, the cessation of the operations of a business operating without a valid business license. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a person.
C. 
Nothing contained in this code shall preclude or limit the city from pursuing a civil action for damages against a person or entity that causes the city to incur injury, loss, costs, or expenses as a result of the person's violation of this chapter or Chapter 5.08.
D. 
In addition to all other remedies, as part of any civil action brought by the city, a court may assess a civil penalty in an amount not to exceed the maximum allowed by State law per day for each violation with respect to any person or entity that violates this chapter, which penalty shall be payable to the city.
(Ord. 21-01 § 3, 2021)
In addition to fines and penalties levied under this chapter, the city shall have the right to recover from a person who violates this chapter the city's reasonable attorneys' fees, enforcement costs, court costs, and other expenses incurred by the city in enforcing the terms of Title 5 of this Municipal Code.
(Ord. 21-01 § 3, 2021)
The enforcement procedures, penalties, and remedies provided in this chapter are not exclusive, but are in addition to any other enforcement procedures, penalties and remedies that may be provided elsewhere in this chapter or by any federal, state or local law, regulation, or rule. In addition, the city may pursue any, all, or any combination of these enforcement procedures, penalties and remedies against any person who violates a provision of this chapter or Chapter 5.08. Nothing in this chapter shall be deemed to prevent the city from commencing any administrative, legal, equitable, or criminal proceeding to enforce this chapter, this code, or any law.
(Ord. 21-01 § 3, 2021)
A. 
Hearing Request.
1. 
Any person wishing to appeal an action or decision by the city occurring under this chapter or Chapter 5.08, including, without limitation, the city's issuance of an administrative citation or the suspension or revocation of a business license, must file with the director of finance a request for appeal hearing within 10 days of the date of the city's action or decision. For purposes of administrative citations, suspensions, and revocations, the 10 day appeal period begins on the date that the citation or the suspension or revocation notice is served. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day.
2. 
An appealing party shall submit the following to the director of finance within the 10 day appeal period: (a) a completed request for hearing form; (b) the applicable appeal fee, which shall be established by resolution of the city council; and (c) in matters involving administrative citations, the amount of the fine.
3. 
Notwithstanding the provisions of subsection (A)(2) above, the deposit of the appeal fee and administrative fine requirements shall be waived if the director of finance determines that the appealing party is financially unable to pay such amounts. A waiver request must be submitted to the director of finance with the person's notice of appeal, along with a sworn declaration and other supporting documents and materials showing the person's actual financial inability to deposit the fine amount and/or pay the appeal fee. The appealing party bears the burden of demonstrating financial hardship to the satisfaction of the director of finance. If the director of finance determines that a waiver is warranted, the deposit and appeal fee will be waived or partially waived. If the director of finance finds that a waiver is not warranted, the appealing party must, within three business days of the customer's receipt of the director of finance's written decision, deposit the appeal fee and administrative fine, if applicable, for the person's appeal to be processed.
4. 
The person requesting the hearing shall be serviced with written notice of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.
5. 
If the director of finance submits written material to the hearing body prior to the appeal hearing, a copy of such material shall be served on the person requesting the hearing at least five calendar days prior to the date of the hearing.
B. 
Hearing Body. The city council or its designee shall serve as the hearing body for appeals occurring under this chapter.
C. 
Hearing Procedure.
1. 
When an appeal is timely filed, the director of finance shall fix a date, time, and place for the hearing. The hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for the hearing is filed in accordance with the provisions of this section.
2. 
At the hearing, the appealing party shall be given the opportunity to testify and to present evidence supporting the party's assertion that no violation of this chapter or Chapter 5.08 has occurred.
3. 
The failure of an appealing party to appear at the appeal hearing shall constitute a forfeiture of any fine amount deposited and a failure to exhaust administrative remedies.
4. 
Written material, including, without limitation, an administrative citation, submitted by the director of finance to the hearing body shall constitute prima facie evidence of the respective facts contained in those documents.
5. 
The hearing body may continue the hearing and request additional information from the director of finance or from the appealing party prior to issuing a written decision.
D. 
Hearing Body's Decision.
1. 
After considering all of the testimony and evidence submitted at the hearing, the hearing body shall issue a written decision to uphold, modify, or cancel the action or decision appealed and shall list the reasons for the decision. The appealing party shall be served with a copy of the hearing body's written decision within 30 calendar days of the hearing body's decision.
2. 
If the hearing body determines that an administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
3. 
If the hearing body determines that an administration citation should be canceled, then the city shall promptly refund the amount of the deposited fine.
4. 
If the hearing body determines that a fine levied under an administration citation should be adjusted, then the city will promptly refund the amount of the deposited fine that exceeds the amount fixed by the hearing body, or the recipient of the administrative citation will promptly pay to the city an additional amount fixed by the hearing body if the body finds that the fine assessed under the administrative citation to be insufficient.
5. 
The decision of the hearing body shall be final.
E. 
Following the appeal hearing, an aggrieved party may seek judicial review of the hearing body's decision by filing a complaint with the Superior Court of Kings County, California pursuant to Government Code Section 3069.4 during the period identified by California Code of Civil Procedure Section 1094.6, as may be amended.
(Ord. 21-01 § 3, 2021)