Articles
1 and
2 of this title shall be known as the "Business License Ordinance" of the City of West Hollywood.
(Prior code § 6300; Ord. 90-269 § 1, 1990)
The purpose of this chapter is to protect the health, safety
and welfare by:
a. Providing
a method of monitoring all businesses operating within the city;
b. Providing
adequate information regarding the ownership and operation of businesses
within city limits and facilitating contact between the city and those
businesses;
c. Regulating
the operation of certain enumerated businesses to ensure that their
operation does not adversely affect the general welfare;
d. Providing
for a healthy and stable business community boundaries;
e. Collecting
statistical information regarding businesses within the city;
f. Monitoring
sales tax registration and compliance.
(Prior code § 6301; Ord. 90-269 § 1, 1990; Ord. 95-451 §2, 1995)
This chapter shall apply to all businesses located or operating
within the boundaries of the City of West Hollywood.
(Prior code § 6302; Ord. 90-269 § 1, 1990)
For purposes of this chapter, the following terms shall have
the following meanings:
"Agency review" or "departmental review"
shall mean that process by which business license applications
are reviewed by designated city departments to determine whether the
operation of a particular business activity will conform to the requirements
of this chapter.
"Agency sign-offs"
shall mean approvals of all governmental agencies required
to review and approve an application under this chapter.
"Business"
shall mean an establishment engaged in one or more commercial
or mercantile activities for the purpose of earning, in whole or in
part, a profit or livelihood whether or not a profit or livelihood
is actually earned thereby.
"Business activity"
shall mean a commercial or mercantile activity, together
with all devices, machines, articles, and appurtenances used therein,
which is conducted for the purpose of earning, in whole or in part,
a profit or livelihood whether or not a profit or livelihood is actually
earned thereby.
"Commission"
shall mean the Business License Commission of the City of
West Hollywood.
"Director"
shall mean the Director of Public Works of the city or whomever
he or she may designate in his or her place to perform his or her
duties under this chapter.
"Home occupation"
shall mean any activity carried out for gain by a resident
of a dwelling conducted as a lawful accessory use in the resident's
dwelling unit.
"Licensee"
shall mean any person holding a business license to operate
a business within the City of West Hollywood.
"Person"
shall mean any individual, partnership, corporation, or joint-venture
which conducts or purports to conduct a business within the City of
West Hollywood.
(Prior code § 6303; Ord. 90-269 § 1, 1990; Ord. 91-289 § 1, 1991; Ord. 95-451 §§ 1, 2, 1995; Ord. 08-800 § 1, 2008)
a. Business Tax Certificate. It shall be unlawful for any person to commence or conduct or purport to commence or conduct, either directly or indirectly, any business activity in the City of West Hollywood without first obtaining a business tax certificate pursuant to Chapter
3.36 of this code and paying the required fees therefor.
b. Business License. Additionally, all business activities listed in Section
5.08.010 must be licensed pursuant to this chapter.
c. Advertising Businesses. No person may advertise or announce
a business activity located in the City of West Hollywood until he
or she has obtained a business tax certificate and, where required,
a business license. Advertising or announcement includes, but is not
limited to, disseminating pamphlets or handbills, publishing newspaper
announcements, and purchasing radio and television spots.
(Prior code § 6304; Ord. 90-269 § 1, 1990; Ord. 91-289 § 2, 1991; Ord. 95-451 § 5, 1995; Ord. 17-1019 § 1, 2018)
a. Business Tax Certificate. Except as set forth in Section
3.36.120, every business is required to obtain a business tax certificate pursuant to Chapter
3.36 of this code. In addition, business owners shall promptly inform the city of any change in operation, ownership, location and/or name.
b. Business Licenses. Except as otherwise provided in this
chapter, all business licenses shall be issued for one year and must
be renewed annually.
(Prior code § 6305; Ord. 90-269 § 1, 1990; Ord. 91-289 § 3, 1991; Ord. 95-451 § 6, 1995)
A business tax certificate or a business license may be issued
to a corporation or to a person operating under a fictitious name
who has complied with all of the provisions of the appropriate section
of the
Business and Professions Code of this state. In all other cases,
a business must obtain a business tax certificate and, if required,
a business license in the true name of the individual, or individuals,
so applying.
(Prior code § 6306; Ord. 269 § 1, 1990; Ord.
91-289 § 4, 1991; Ord.
95-451 § 7, 1995)
The Director shall keep all applications and related records
for business licenses, renewals and revocations.
(Prior code § 6307; Ord. 90-269 § 1, 1990; Ord. 91-289 § 4, 1991; Ord. 95-451 § 8, 1995; Ord. 08-800 § 2, 2008)
No business tax certificate or business license issued by the
city shall be construed as authorizing any business activity which
is prohibited under the laws of the United States, the federal and
state Constitutions, this code or any applicable law, ordinance, rule
or regulation. Any such business tax certificate or business license
shall be void.
(Prior code § 6308; Ord. 90-269 § 1, 1990; Ord. 91-289 § 5, 1991; Ord. 95-451 § 9, 1995)
A licensee must report the loss of any license, whether in the
form of a sticker, tag, card or paper, or otherwise. The Director
shall issue the licensee a duplicate license and cancel the lost or
stolen license upon the payment of the prescribed fee.
(Prior code § 6309; Ord. 90-269 § 1, 1990; Ord. 91-289 § 6, 1991; Ord. 08-800 § 2, 2008)
a. Posting. Every person required to have a business license
pursuant to the provisions of this chapter and who conducts, manages
or carries on a business activity at a fixed location shall keep that
license posted and exhibited in a conspicuous place in the place of
business.
b. Carrying. Every person required to have a business license
pursuant to the provisions of this chapter and not having a fixed
place of business shall carry such license at all times when conducting
the business activity for which such license was issued.
c. Presentation on Demand. Every person required to have a
business license pursuant to the provisions of this chapter shall
produce and exhibit the license when requested by any city official
authorized to issue, inspect or collect permit and license fees, or
authorized to enforce the provisions of this chapter or of the City
of West Hollywood Municipal Code.
(Prior code § 6310; Ord. 90-269 § 1, 1990; Ord. 91-289 § 7, 1991)
a. Generally. A vehicle permit shall be required for every
vehicle used in the conduct of a business activity required to be
licensed or permitted pursuant to the provisions of this chapter where
such vehicles are used as a regular and necessary part of the business
activity. Such businesses include, but are not limited to, tow trucks,
private patrol services and valet services. The Director shall issue
a gummed sticker for each vehicle covered upon payment of the prescribed
fee.
b. Placement. Except as otherwise provided, the sticker shall
be placed on the windshield of the licensed or permitted vehicle in
such manner as to be clearly visible from outside the vehicle. If,
because of the presence of other stickers required by law, the sticker
cannot be placed on the windshield, the sticker shall be attached
to the vehicle in a conspicuous location, as close as possible to
the windshield and in a manner clearly visible from outside the vehicle.
(Prior code § 6311; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
The amount of any fees to be collected pursuant to the provisions
of this chapter shall be established by resolution of the City Council
from time to time.
(Prior code § 6312; Ord. 90-269 § 1, 1990)
Applicants or licensees shall consent to entry of the applicant's
or licensee's place of business at all reasonable times by any West
Hollywood Code Compliance and Los Angeles County Sheriff's Department
personnel or other county and state officials responsible for the
health, safety, and welfare of the public authorized to enforce the
provisions of this chapter or the West Hollywood Municipal Code. Upon
presentation of proper credentials by any such personnel or employee,
the applicant or licensee shall not interfere, prevent, or unnecessarily
delay such inspection. The purpose of such inspection is to ensure
that licensees are in compliance with all applicable rules, conditions
of approval, and laws. Failure to allow inspection of an inaugurated
use shall be grounds for revocation of any city-issued business license
or permit.
(Ord. 21-1163 § 2, 2021)