The license year for all businesses shall commence July 1st.
(Ord. 210 § 3, 1992)
A.
Every person making application for a license to be issued hereunder for a newly established business shall furnish to the city clerk, for his or her guidance in ascertaining the amount of license tax to be paid by the applicant, a signed written statement, upon a form provided by the city clerk, setting forth such information as may be required therein and as may be necessary to estimate the amount of the license tax to be paid by the applicant.
B.
Such estimates, if accepted by the city clerk as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within 30 days after the expiration of the period for which such license was issued, furnish to the city clerk written information showing the number of persons employed, full-time and part-time, during the period of such license, or such other applicable information as may be required. The license tax for such period shall be finally ascertained and paid within 30 days after final determination or, if in excess of the amount due, the excess amount shall be credited against the renewal license.
C.
The city clerk shall not issue to any person a business license until such person has furnished to the city clerk the written statement and paid the license tax as herein required.
(Ord. 210 § 3, 1992)
In all cases, the applicant for the renewal of a license shall submit to the city clerk, for his or her guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement under oath or penalty of perjury, upon a form to be provided by the city clerk, setting forth the number of persons employed during the preceding year, or such other applicable information as may be required.
(Ord. 210 § 3, 1992)
No license shall be issued to engage in any business when any ordinance, rule or regulation requires a permit to be obtained as a prerequisite to engaging in such business, until such permit is first obtained, nor until all other applicable ordinances, rules and regulations have been complied with. Any license issued in violation of this section is void.
(Ord. 210 § 3, 1992)
A.
No license issued pursuant to the business code, or the payment of any tax required hereunder, shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner.
B.
The payment of a license tax and its acceptance by the city and the issuance of a business license to any person shall not entitle the holder thereof to carry on any business unless he or she has complied with all requirements of the business code and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law.
C.
At any time that a violation of any law is determined, the city clerk may, after giving the licensee notice and a reasonable opportunity for hearing, revoke a business license for noncompliance if such action is deemed to be in the interest of public health, safety or welfare.
D.
For a period of one year following the enactment of this chapter or until July 1, 1993, whichever is sooner, a business may apply for and receive a business license without its signage being in conformance with the city's sign ordinance, or legally nonconforming thereto. This shall not preclude the city from otherwise prosecuting violations of the sign ordinance.
(Ord. 210 § 3, 1992)
When any provision of the business code or any other ordinance of this city requires a permit to be obtained as a prerequisite to the issuance of a license to engage in any business, and the code or ordinance does not set out the fee to be paid for an investigation to determine if the standards for such permit are met, a fee to be set by resolution of the city council shall be charged for such investigation, and the full amount retained by the city whether such permit is granted or denied.
(Ord. 210 § 3, 1992)
A.
Unless otherwise provided, the first business license issued to any person shall be prorated from the first day of the quarter of the license year in which applied for to the end of the license year fixed for such classification. Thereafter, the business license of such applicant shall be renewed on an annual basis for the license year.
B.
Upon application by the licensee, a partial refund shall be made to the licensee if the business ceases, prorated for the remaining portion of the license year.
(Ord. 210 § 3, 1992)
Persons required to pay a license tax for engaging in business shall not be relieved from the payment of any other license tax or permit fee for the privilege of doing such business legally required under any provisions of other city ordinances, rules or regulations except as specifically exempted therefrom.
(Ord. 210 § 3, 1992)
All business licenses or other identifying documents issued by the city clerk must be kept and posted in the following manner:
A.
Any licensee engaged in 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.
B.
Any licensee engaged in 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 engaged in business within the city.
(Ord. 210 § 3, 1992)
Business licenses to engage in a particular business shall be transferable. No transfer necessitated by a change in ownership shall be made unless the endorsements of the transferor and the transferee are made on the license form and a transfer fee is paid. No transfer fee shall be required if the licensee and the business licensed remain the same. The transfer fee shall be adopted by resolution of the city council.
(Ord. 210 § 3, 1992)
No person licensed hereunder shall engage in business at a different location or under a different name from the name under which the license was issued, until a license transfer has been obtained from the city clerk.
(Ord. 210 § 3, 1992)
A duplicate license may be issued by the city clerk to replace any license or card previously issued hereunder which has been lost or destroyed, upon the licensee filing an affidavit of such fact and paying a fee to the city clerk. The fee shall be adopted by resolution of the city council.
(Ord. 210 § 3, 1992)
Any person aggrieved by any decision of the city clerk or of any other officer of the city made pursuant to the provisions of the business code may appeal therefrom to the city council within 15 days after notice thereof, by filing with the city clerk a written notice of appeal, briefly stating in such notice the grounds relied upon for appeal. If such appeal is made within the time prescribed, the city manager shall cause the matter to be set for hearing before the city council within 45 days from the date of receipt of such notice of appeal, giving the appellant, the city clerk and any other interested person not less than ten days' written notice of the time and place of hearing. The findings and determination of the city council at such hearing shall be final and conclusive, and within five days after the findings and determination are made, the city clerk shall give notice thereof to the appellant and the city manager.
(Ord. 210 § 3, 1992)
No business shall be licensed hereunder, and no business license issued shall be renewed, unless the licensee provides the city clerk with a written statement containing all current and operational business telephone numbers and address(es) the licensed business and current and operational emergency telephone numbers and address(es) which will allow the sheriff's department immediate contact with each owner and manager of the licensed business and with each property owner upon which the business is located, in the event of an emergency situation.
(Ord. 210 § 3, 1992)
No license for any ensuing, current or unexpired license period shall knowingly be issued to any person who, at the time of making application for any license, is indebted to the city for any unpaid license tax required to be paid under the provisions of the business code.
(Ord. 210 § 3, 1992)
A.
Any license tax or penalty paid more than once, or illegally, erroneously or wrongfully paid or collected may be refunded by order of the city clerk; provided, that a claim therefor, duly verified by the person paying the tax or penalty, or by his or her attorney, duly authorized agent, guardian or executor or administrator, has been filed with the city clerk within six months after the date of payment of the amount sought to be refunded. The claim shall include the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reason or grounds upon which the claim for refund is based. In no case shall any judgment be rendered for the plaintiff in any proceeding brought to enforce the payment of any claim arising hereunder if such action or proceeding is brought by any person other than the persons designated herein.
B.
The city council may establish by resolution a minimum amount below which a refund shall not be provided.
(Ord. 210 § 3, 1992)
A license may be issued pursuant to the ordinance codified in this chapter to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of Section 2466 of the Civil Code of this state or any statute superseding or taking place of such code. Otherwise all such licenses shall be issued in the true name of the individual or individuals applying therefor. Except as provided, no business so licensed may operate under any false or fictitious name. A license issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.
(Ord. 210 § 3, 1992)