License fees required pursuant to this chapter shall become
due and payable at the following times and in the following manner:
A. An annual
license fee shall be payable:
1. For
renewals, in advance prior to January 31st of each year; or
2. For
a new business, prior to the start of business within the city.
B. A monthly
license fee shall be payable in advance for each calendar month or
any portion thereof for which the license is to be issued.
C. A daily
license fee shall be payable in advance for each calendar day or any
portion thereof for which the license certificate is to be issued.
(Ord. 685-91 § 5)
If an application is made for a business classification not
specifically mentioned in this chapter, the city manager shall be
empowered to designate the appropriate classification for the business
for the purpose of determining the license fee due.
(Ord. 685-91 § 5)
A. Annual
Licenses.
1. The
city shall, at the close of business on the last working day of a
month in which any annual license renewal fee is due but unpaid, impose
a penalty of twenty-five percent of the value of the license or ten
dollars, whichever is greater, upon the holder of, or the one who
should hold the business license.
2. Any
person who has commenced work in the city without having first secured
a license and paid the required fee or has received a written notice
of violation from the city, shall be assessed a penalty of twenty-five
percent of the value of the license or twenty-five dollars, whichever
is greater.
3. For
each subsequent month in which the annual license renewal fee is unpaid,
an additional penalty of twenty-five percent of the value of the license
or ten dollars, whichever is greater, shall be added.
4. The
total sum of all penalties shall not exceed twice the value of the
annual license fee.
5. All
business information shall be kept on file for a period of one year
following expiration of a license. A business which reapplies within
this time period shall not be required to pay another license setup
fee.
6. The
city may rely on landfill records as evidence of a solid waste collector
operating within the city and may assess fees and penalties as applicable
against non-permitted collectors based upon such information.
B. Daily
Licenses.
1. Any
person who has commenced work without having first secured a license
and paid the required fee, or who has received a written notice of
violation from the city, shall be assessed a penalty of twenty-five
percent of the daily value of the license or twenty-five dollars,
whichever is greater.
2. Any
person who continues work without having secured a license after receiving
a written notice of violation thereof, shall be assessed a penalty
of fifty percent of the daily value of the license or fifty dollars,
whichever is greater.
3. The
total sum of all penalties shall not exceed twice the value of the
total of all daily fees required for the license.
(Ord. 685-91 § 5; Ord. 921-02 § 2)
No license required pursuant to this chapter shall be issued
until all license fees and penalties required herein have been paid
in full.
(Ord. 685-91 § 5)
A new license shall be issued and the fees required therefor
paid if:
A. The
owner or certificate holder changes;
B. The
type of business activity for which the license was issued changes.
(Ord. 685-91 § 5)
A duplicate license may be issued by the city to replace one
previously issued, which has been lost or destroyed. The license holder
shall file a written statement attesting to such fact and pay a fee
as established by the city council by resolution. The duplicate license
shall have the same expiration date and conditions as the original.
(Ord. 685-91 § 5)
A substitute license may be issued by the city if a business
changes address or name and the license holder and type of business
remain the same. The license holder shall submit an application requesting
the address or name change and pay a fee as established by the city
council by resolution.
(Ord. 685-91 § 5)
No business license fee collected under the provisions of this chapter shall be refundable or prorated in any manner, except if the business subject to the fee establishes to the satisfaction of the city manager that it has paid more than once, the fee was erroneously or illegally collected or paid in excess of the correct amount and files a claim with the city for such a refund within a period of one year from the date of the payment in accordance with Chapter
3.12 of Title
3 herein.
(Ord. 803-96 § 5)
Whereas, by reason of the provisions of the Constitution of
the United States, or the Constitution of the State of California,
the business license tax imposed by this chapter cannot be enforced
without there being an apportionment according to the amount of business
done in the city, or in the state as the case may be, the city manager
may make such rules and regulations for the apportionment of the tax
as are necessary or desirable to overcome the constitutional objections.
Such rules and regulations shall be approved by the city attorney
prior to becoming effective.
(Ord. 685-91 § 5)
When a person begins a business in the city, the initial annual
license fee shall be prorated in the following manner:
A. A license application received from January 1st to June 30th of the same calendar year shall pay the full annual license fee required in Chapter
5.08.
B. A license application received from July 1st to December 31st of the same calendar year shall pay a license fee equal to one-half of the annual license fee required in Chapter
5.08.
(Ord. 685-91 § 5)
Applications for the first license issued pursuant to Chapter
5.08, Chapter 5.09 and Chapter
5.10 of this title, or for a newly established business, may be subject to a permit or investigation fee in addition to the prescribed license fee. The provisions contained in this title prohibiting or regulating certain types of business, requiring the issuance of permits, requiring registration of certain businesses and otherwise imposing regulations in respect to the conduct of businesses are regulatory. Regulatory measures are only subject to a fee sufficient to recover costs of the regulatory activity.
(Ord. 685-91 § 5)
All license fees and penalties provided for in this chapter
shall be paid in advance in lawful money of the United States at City
Hall either by mail, postage prepaid, or in person.
(Ord. 685-91 § 5)