This title is enacted for the purpose of either or both: (1) providing revenue for the city; and (2) regulation; provided, however, that only the revenue, and none of the regulatory or criminal provisions of this chapter, shall apply to any business exclusively regulated by the state or other governmental agency.
(Ord. 685-91 § 3; Ord. 998-07 § 2; Ord. 1107-15 § 1)
For each business operating from a fixed location, a separate license shall be obtained for each separate branch or establishment operating as a separate business entity. Each license shall authorize the licensee to engage only in the manner designated on the license.
(Ord. 685-91 § 3)
A. 
Prohibited Businesses. No license shall be issued for any business operation specifically prohibited pursuant to Title 9 or any other provision of this code.
B. 
Special Commercial Operations. No license shall be issued for any business requiring a special use permit to be issued pursuant to Title 17 of this code unless the special use permit shall have first been approved.
(Ord. 685-91 § 3)
No license issued under the provisions of this title shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business, or any violation of any provision of this code or other city ordinance, rule or regulation.
(Ord. 685-91 § 3)
The finance director shall deny an application for a license for the calendar year in which the application is made, after consultation with the city manager when feasible, if the director finds any of the following:
A. 
That the person or business representative making the application or related property is in violation of a section of the city code relating to the operation of the business which violation has not been cured after notice of the same;
B. 
That the person or business making the application is currently operating a business within the city which is not permitted by a license or permit;
C. 
That the person or business making the application has made false, misleading or incomplete statements in the application;
D. 
That the person or business making the application has committed any act involving dishonesty, fraud or deceit; or
E. 
Approval of the business license will be detrimental to the public health, safety and general welfare. The applicant has the right of appeal pursuant to Section 5.05.140.
(Ord. 685-91 § 3; Ord. 998-07 § 3)
The provisions of this title shall not be deemed or construed to require a license or the payment of a license fee for businesses of the following nature:
A. 
Civic or Charitable. The conducting, managing or carrying on of any business, occupation or activity by any institution or organization which is conducted, managed or carried on solely for the benefit of civic or charitable purposes and from which no profit is derived, either directly or indirectly, by any person;
B. 
Minors. The conducting of a business, otherwise permitted by city ordinance, by youth, under the age of eighteen years, living in the city. The exemption may be authorized by the city manager upon receipt of proof of such status;
C. 
Auctioneers and Auction Companies. The arranging, managing, sponsoring, advertising, accounting for the proceeds of, or carrying out any auction sale of goods, wares, merchandise, or any real or personal property by any person, firm or corporation regulated by Title 2.95 of the California Code of Civil Procedure. No provision of this title, however, prohibits the city from imposing a business license fee requirement on auctioneers and auction companies whose permanent place of business is located within the city;
D. 
Secondhand Goods. When any person is engaged in any business licensed under the provisions of this title and as an incident to this business accepts secondhand goods as part payment on any new merchandise, to the extent permitted by state law such person shall not be required to obtain a license as a secondhand dealer, for the doing of such acts shall not be considered as dealing in secondhand merchandise;
E. 
City-Approved Vendors at Community Events. The conducting, managing or carrying on of any business, occupation or activity by any approved participant in a community event. An "approved participant" means a participant who has been solicited to participate in the community event by the city, who has completed a community event vendor/service provider application with the appropriate city department, and such application has been approved by the appropriate city department. "Community event" means a city-hosted recreation or community service event held at a city facility, park or on other public property. Examples of these events include, but are not limited to, the Easter Egg Hunt, City Parade, Memorial Day Ceremony, Health Safety and Pet Fair, Halloween Haunt, Angel Tree, etc.;
F. 
Statement of Exemption. Every person claiming to be entitled to an exemption from payment of any license fee exempt under any other provision of state law not enumerated above, shall file a verified statement with the city manager disclosing the character of such business entitling such exemption. In case of dispute, the city attorney will render an opinion which shall be final.
(Ord. 685-91 § 3; Ord. 812-96 § 11; Ord. 936-04 § 2; Ord. 1107-15 § 2)
No license issued under any provision of this chapter shall in any manner be transferred or assigned, nor shall it authorize any person other than the licensee therein named to engage in business.
(Ord. 685-91 § 3)
A. 
Fixed Place of Business. Every person having a license under the provisions of this title and having a fixed place of business in the city, shall keep such certificate posted and exhibited while in force in some conspicuous part of the place of business available to the public.
B. 
No Fixed Place of Business. Every person having a license under the provisions of this title and not having a fixed place of business in the city shall carry such license with him or her at all times when engaged in the business for which the license is granted.
(Ord. 685-91 § 3)
A. 
Delivery Companies. Any person having a license under the provisions of this title for the operation of wheeled vehicles for a trucking, service or delivery business shall not be required to exhibit the city's vehicle sticker on vehicles operating within the city; provided, however, that each and every vehicle operating in the city under the license shall bear the name of the person or business in an exterior location plainly visible to the public.
B. 
Other Wheeled Vehicles.
1. 
Every person operating a wheeled vehicle for which a license is required under this title, except as provided for in subsection A of this section, shall procure in addition to the license, a vehicle sticker for each vehicle to operate within the city. The vehicle sticker shall contain the license plate number of the vehicle to which it is assigned and a permit number to be assigned by the city.
2. 
The vehicle sticker shall be attached in a conspicuous location on the vehicle to which it is assigned in such manner that the sticker shall be plainly visible at all times.
3. 
Vehicle stickers shall not remain on a vehicle after the expiration date of the sticker.
4. 
It is unlawful for any person, other than the licensee, authorized agent, or an officer of the city to take or remove any vehicle sticker required pursuant to this section from a vehicle to which it has been attached.
(Ord. 685-91 § 3)
Every person having a license under the provisions of this chapter shall present the license whenever requested to do so by any business license official, community safety officer or other official of the city authorized by this title.
(Ord. 685-91 § 3)
Any permit or license issued pursuant to this title may be revoked or suspended by the finance director if the director finds and determines that any of the following have occurred:
A. 
The licensee is conducting a business not permitted by the license or permit;
B. 
The licensee is engaged in an activity prohibited by state or federal law when said acts are related to the qualifications, functions or duties of the business for which the permit or license is made;
C. 
The licensee is conducting his or her business in a manner that threatens the general welfare or the health and public safety of the community;
D. 
The licensee is conducting his or her business in a manner that does not comply with any ordinance, resolution or regulation of the city when said acts are related to the qualifications, functions or duties of the business for which the permit or license is made; or
E. 
For any reason for which the license or permit application could have been denied.
The director may revoke or suspend a license or permit only after the grounds of the complaint have been presented to the licensee, the licensee has been provided an opportunity to present his or her position before the director and, if feasible, the director has consulted with the city manager. The applicant has the right to appeal the decision of the director pursuant to Section 5.05.140.
(Ord. 685-91 § 3; Ord. 998-07 § 4)
Any licensee or permittee who has had his or her business license or permit denied, revoked or suspended by the finance director pursuant to Section 5.05.070 or 5.05.130 of this chapter shall be provided an opportunity to appeal the denial, revocation or suspension to the city manager. An appeal shall be processed as follows:
A. 
Filing an Appeal. A licensee or permittee desiring to appeal the determination of the finance director shall file a request for an appeal with the city clerk no later than fifteen days following the determination of the director, and shall pay a filing fee in the amount that the city council may establish from time to time by resolution.
The written request shall contain: (1) the name and address of the applicant; (2) the date of the decision in question; (3) the reasons for the hearing; and (4) the grounds relied upon for relief.
B. 
Upon receiving an appeal, the city manager will review the request and, within ten days of receiving the appeal, provide the appellant with a written notification that:
1. 
The finance director's decision is affirmed;
2. 
The finance director's decision is modified;
3. 
The finance director's decision is reversed.
C. 
The city manager may, but is not required to, conduct a hearing at a time, place, and manner determined in the city manager's sole discretion. Should such a hearing be held, the city manager may issue a decision orally at the conclusion of the hearing, but also notify the applicant and the finance director in writing of the city manager's decision.
D. 
The city manager's decision is a final determination. There is no right of city council appeal.
(Ord. 685-91 § 3; Ord. 998-07 § 5; Ord. 1107-15 § 3)
In the event that a license or permit is revoked or suspended pursuant to this chapter, the holder of the certificate or permit shall forthwith surrender the certificate or permit to the city. No refund shall be provided for any fee or portion thereof paid for the license or permit.
(Ord. 685-91 § 3)