"Business"
means and includes profession, trade, occupation, and every kind of calling, whether or not carried on for profit. Business shall include the rental of more than four rental units.
"City"
means the City of Woodland, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
"Collector"
means the Community Development Director or other employee designated by the Community Development Director to enforce this chapter.
"Person"
means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common law trust, societies, and individuals transacting and carrying on any business in the City, other than as an employee.
"Sworn statement"
means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.
Words or phrases not defined herein shall be given their common meanings unless the context in which they appear requires otherwise.
(Prior code §§ 13-1-1—13-1-6)
A. 
Purpose. This chapter is enacted for regulatory and revenue purposes for the City.
B. 
Effect. Persons required to pay any amounts for transacting and carrying on any business under the provisions of this chapter shall not be relieved from the payment of any other license fee or license tax for the privilege of doing such business required under any other ordinance provisions of the City or of this code, and shall remain subject to the regulatory provisions of all other ordinance provisions.
(Prior code §§ 13-1-7, 13-1-8)
A. 
Collector to Administer and Enforce Chapter. The collector shall administer and enforce this chapter. The collector may examine each place of business in the City to determine whether this chapter is being complied with.
B. 
Powers of Collector and Police Officers. The collector and each police officer and each person employed as a license inspector may:
1. 
File complaints and make arrests for the violation of this chapter;
2. 
Enter free of charge during regular business hours any place of business for which a license is required and demand the exhibition of the license certificate.
C. 
Additional Administrative Powers of Collector. The collector may:
1. 
Extend the time for filing information required for a period of not more than 10 days;
2. 
Compromise disputed claims as to the license fee;
3. 
Adopt forms and prescribe information to be given in the forms.
D. 
Administrative Rules and Regulations. The City Council may by resolution adopt administrative rules and regulations necessary to carry out this chapter.
E. 
Appeal.
1. 
A person aggrieved by a decision of the collector or of any other officer of the City made under this chapter may appeal from the decision to the City Council. A person appealing a decision shall file written notice of the appeal with the City Clerk within 10 calendar days after written or oral notice of the decision. The written notice of appeal shall state the grounds relied upon for appeal.
2. 
The City Clerk shall cause the matter to be sent for hearing before the City Council within 30 calendar days from the date of receipt of the notice of appeal, giving the appellant not less than 10 calendar days' notice in writing of the time and place for hearing. Within 10 calendar days after the findings and determinations are made, the City Clerk shall give notice of them to the appellant.
3. 
If no appeal is taken, the decision of the collector or other officers is final and conclusive on expiration of the time fixed for appeal.
(Prior code §§ 13-1-9—13-1-13)
A. 
License Required—Illegal Businesses Prohibited. No person shall transact and carry on a business in the City without first procuring a license therefor, except that no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his or her regular place of business outside the City, where no intent by such person is shown to exist to evade the provisions of this chapter. Notwithstanding any provision of this chapter, no person shall transact, perform, engage in and carry on in the City of Woodland any business, trade, profession, calling, use or occupation that cannot be, or is not, conducted or carried out without being in violation of State or Federal law, or this code, and no license will be issued for any such business, trade, profession, calling, use, or occupation.
B. 
Fee Required.
1. 
License fees and/or taxes shall be established from time to time by resolution of the City Council.
2. 
The amounts set from time to time by the City Council for each business subject to business license requirement shall be payable in advance on the first day of July of each year. Amounts payable for licensing new operations commenced after the first day of July shall be paid prior to the actual transaction or carrying on of such business in the City and shall not be prorated.
C. 
Refund of Overpayment. No refund of an overpayment of any amount imposed by this chapter shall be allowed in whole or in part unless a claim for refund is filed with the collector within a period of year from the last day of the calendar month following the period for which the overpayment was made, and all such claims for refund of the amount of the overpayment shall be filed with the collector on forms furnished by and in the manner prescribed by the collector. Upon the filing of such a claim, and when the collector determines that an overpayment has been made, the collector may refund the amount overpaid.
D. 
Evidence of Doing Business. When any person shall by use of signs, circulars, cards, telephone book, newspapers, Internet presence, bank accounts or letterhead, advertise, hold out or represent that he or she is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the City, and such person fails to deny by a sworn statement given to the collector that he or she is conducting a business in the City, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that such person is conducting a business in the City.
E. 
Branch Establishments. A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
F. 
Exemptions.
1. 
This chapter does not apply to a person transacting and carrying on a business exempt by the Constitution or statutes of the United States or of the State from the payment of the fee prescribed.
2. 
A person claiming an exemption under this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed. In the absence of such statement substantiating the claim, the person is liable for the payment of the fee imposed by this chapter.
3. 
Upon a proper showing contained in a sworn statement, the collector shall issue a license to a person claiming exemption under this section without payment to the City of the license fee required by this chapter. The exemption from payment of a license fee granted by this chapter, however, does not exempt the person conducting the business from complying with the permit requirements of this chapter.
4. 
The collector, after giving written notice and a reasonable opportunity for hearing to a licensee, may revoke a license granted under this section upon information that the licensee is not entitled to the exemption as provided.
(Prior code §§ 13-1-14—13-1-19)
A. 
Application. A person required to have a license under this chapter shall file a written application with the collector upon a form prescribed by the collector.
B. 
Contents of Application. The application, at minimum, shall contain:
1. 
The name, home address and telephone number of the applicant;
2. 
The name, address, and telephone number of the business to be licensed;
3. 
A certification by the applicant that, to the best of the applicant's knowledge, the operation of the business for which the application is sought will not constitute a violation of any State or Federal law, or of this code; and
4. 
Such other information as the collector reasonably may require.
C. 
License Renewal. The collector may renew an existing license upon a payment of the applicable amounts without requiring the filing of a new application or requesting additional information.
D. 
Power of City to Verify Application. The collector, each inspector, and each police officer may verify the information contained in each application submitted pursuant to this chapter.
E. 
Procedure When Applicant Fails to File Correct Information.
1. 
If a person fails to file correct information or, if after demand by the collector, a person fails to file a corrected statement, the collector may determine the facts using the information available to him or her.
2. 
When the collector makes the determination, he or she shall give a notice of those facts that he or she has determined by serving the notice personally or by mail, postage prepaid, addressed to the person at his or her last known address. Within 10 calendar days after notice is served or mailed, the person may apply in writing to the collector for a hearing before the Council on the facts which have been determined.
3. 
The hearing shall be held within 30 calendar days of the date of the application for hearing. The collector shall mail notice of the hearing to the applicant at least 10 calendar days before the hearing date.
4. 
The Council shall consider the evidence and shall make findings. The findings of the Council are final.
(Prior code §§ 13-1-20—13-1-24)
A. 
License Not Transferrable. A license issued under this chapter is not transferable, except as to location as provided hereinafter in subsection B.
B. 
Change of Business Location. If a licensee holds a license for the transaction of business at a specified location and the licensee changes his or her place of business, he or she may apply to the collector for the transfer of the license to the new place of business. The fee for the transfer shall be established by resolution of the City Council from time to time.
C. 
Display of License. Each licensee shall display his or her license in the following manner:
1. 
If the license is for carrying on business at a fixed place of business, the license shall be posted in a conspicuous place upon the business premises;
2. 
If the license is for carrying on business which has no fixed placed of business, the license shall be kept available for immediate inspection at all times while carrying on business.
D. 
Uses Prohibited.
1. 
The issuance of a business license does not entitle the holder to:
a. 
Carry on a business without complying with all requirements of the City and all applicable laws:
b. 
Conduct business on any premises located in any zone or locality on which the conduct of each business is prohibited;
c. 
Use the business license number in any display, advertisement, or other printed material without the specific designation "City of Woodland Business License Number."
2. 
Violations of any of the foregoing shall be grounds for suspension or revocation of the license.
(Prior code §§ 13-1-25—13-1-28)
A. 
Grounds for Revocation or Suspension. A business license may be suspended or revoked by the collector on grounds that the licensee has violated a term or condition of his or her license, engages in an unlawful business, or engages in a lawful business in an unlawful manner or at an unlawful location.
B. 
Notice and Hearing Required.
1. 
The collector shall give the licensee written notice of the terms for revocation or suspension. The notice also shall specify a time and place of hearing, and shall be given at least 10 calendar days before the time of the hearing. The licensee shall show cause why his or her license should not be revoked or suspended.
2. 
The licensee may appeal the decision of the collector to the Council. If the licensee does not appeal, the decision of the collector is final and conclusive on expiration of the time fixed for appeal.
C. 
Appeal. Appeal from a decision to revoke or suspend a business license shall be made in accordance with Section 5.04.030(E), entitled "Appeal," as hereinabove set forth.
(Prior code §§ 13-1-29—13-1-31)
A. 
Penalty for Violation of Chapter.
1. 
A person who knowingly or intentionally misrepresents a material fact to procure a business license or who wilfully fails to exhibit his or her business license on demand or who otherwise violates this chapter is guilty of an infraction. The collector may issue citations for such infractions. Upon conviction thereof, the violator shall be punished by a fine not exceeding $100.00 for a first violation, $200.00 for a second violation within one year, and $500.00 for each additional violation within one year.
2. 
Every day that any such violation continues shall constitute a separate offense.
B. 
Penalty for Failure to Pay Fees When Due.
1. 
When a person fails to obtain a license as required by this chapter, the collector shall charge the new business license fee plus any renewal fees that would have been due had the person obtained a license prior to commencing operation. The penalty provided for in paragraph 2 of this subsection shall not apply.
2. 
When a licensee fails to pay renewal fees by the due date, the following procedure shall be followed:
a. 
The collector shall send out a first notice of failure to pay renewal fees. If the licensee pays the renewal fees within 30 days of the due date, the licensee shall incur no penalty.
b. 
If the collector has not received payment of the renewal fees within 30 days after the due date, the collector shall add a penalty of 100% of the amount due pursuant to this chapter. The collector shall send out a second notice of failure to pay renewal fees.
c. 
After 30 days from the second notice, code enforcement is authorized to issue a citation every day for the violation until the renewal fees are paid.
d. 
If the license is not renewed within one year, the collector shall charge the new business license fee plus any renewal fees that would have been due. The licensee shall pay any citations issued by code enforcement prior to renewing the license.
C. 
License Fee a Debt. The amounts due pursuant to this chapter are a debt to the City. The City may bring an action to collect the debt.
D. 
Remedies Cumulative. The remedies prescribed are cumulative. The use of one does not bar the use of another remedy for the purpose of enforcing this chapter.
(Prior code §§ 13-1-32—13-1-35)