The purposes of this title are to regulate businesses and other
enterprises within the unincorporated area of the County in order
to insure compliance with County ordinances and State laws, protect
the public, prevent disturbances of neighborhoods and nuisances, and
otherwise, protect the health, safety and welfare.
(SCC 578 § 2, 1983)
The provisions of this Title 4 are organized as follows:
a.
This Chapter 4.02 contains introductory and master provisions governing the application of the balance of the chapters in this title.
b.
Chapter 4.06 establishes, defines the applicability of, and prescribes procedures and the basis for issuance, denial, renewal and revocation of the General Business License.
c.
Chapter 4.10 establishes, defines the applicability of, and prescribes procedures and the basis for issuance, denial, renewal and revocation of the Special Business License and Employee Permits.
e.
Chapter 4.54 contains regulations and prohibitions applicable to specified enterprises which are not required to obtain a Special Business License, and may or may not be required to obtain a General Business License.
f.
Chapter
4.58 establishes special competency requirements for plumbers and
requires Special Business Licenses entitled a Certificate of Competency
for plumbers and a Registration Certificate for plumbing trainees.
(SCC 578 § 2, 1983; SCC
0804 § 1, 1990)
Unless the context indicates otherwise, the definitions of terms contained in Sections 4.02.025 through 4.02.050 shall govern the meaning of those terms as used in this title.
(SCC 578 § 2, 1983)
shall mean a Permit issued by the Sheriff to certain personnel retained as employees, independent contractors or otherwise to perform specified duties or functions by particular types of enterprises required by Chapters 4.10 through 4.50 to possess a Special Business License for the purpose of insuring protection of the public health, safety or welfare.
(SCC 578 § 2, 1983)
shall mean a particular place where an enterprise is either
regularly conducted or kept open, or is conducted or kept open on
four or more days during any consecutive 30-day period. An enterprise
operated from a residence shall be deemed to be conducted at a fixed
location.
(SCC 578 § 2, 1983)
shall mean a license issued by the Treasurer-Tax Collector and required pursuant to the provisions of Chapter 4.06 below, in order to insure compliance with specified ordinances, prevent disturbances of neighborhoods and nuisances, and prevent safety hazards.
(SCC 578 § 2, 1983)
shall mean a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, joint venture or other individual
or entity carrying on an enterprise for which a Permit or License
must first be procured, and shall include any officer, employee, agent
or other representative by or through whom the enterprise is operated
or conducted, and charitable, philanthropic and other non-profit entities
and enterprises as well as those which are for profit.
shall not include a public agency or any officer, employee
or agent thereof while acting in the capacity as such.
(SCC 578 § 2, 1983)
in relation to the outcome of criminal charges shall include
a plea of nolo contendere.
(SCC 578 § 2, 1983)
shall mean a license issued by the Sheriff or other designated official and required pursuant to the provisions of Chapters 4.10 through 4.50 for specified types of businesses which are potentially injurious to the public interest, are not regulated by the State in such a manner as to preempt local regulation, and which the health, safety and welfare of the community demand be operated by responsible persons in compliance with all laws, including any special regulations applicable to such businesses.
(SCC 578 § 2, 1983)
Whenever reference in this title is made to the Board of Supervisors
or any department, office, division, officer or official, the reference
shall be deemed to be, respectively, the Board of Supervisors, or
a department, office, division, officer or official of the County.
Whenever in this title an authority or power is vested in or
a duty is imposed upon an officer or official, a County employee subordinate
to the officer or official to whom an appropriate delegation has been
made shall be entitled to exercise the power or authority and perform
the duty.
(SCC 578 § 2, 1983)
The Board of Supervisors of the County may, by resolution and
from time to time, prescribe fees for the issuance and renewal of
Solicitation Permits, General Business Licenses, Special Business
Licenses and Employee Permits; and fees for the filing of appeals
relating to denial for such Permits or Licenses or the revocation
thereof. Such fees shall be for the sole purpose of defraying costs
incurred in the administration of this title, and shall be prescribed
in amounts yielding revenues which do not exceed the costs of administration
by each office and department charged with responsibility under this
title. To the extent the Board determines to be practical, such fees
may be varied in amounts for different types of permits or licenses,
types of businesses, issuance and renewal, added costs for processing
late renewals, and on the basis of other factors, for the sole purpose
of apportioning relative regulatory costs to parties regulated. The
Tax and License Collector shall review the fees not less than once
every three years to assure they adequately recover the costs of administering
the license program.
Fees related to the costs which a department incurs in reviewing
and acting upon a particular type of application for a license or
permit may be made payable within a general fee chargeable by the
Tax and License Collector, or may be charged individually by the department
reviewing and acting upon the application as a condition precedent
to processing of the approval required from that department.
All fees for the issuance and renewal of permits and licenses
shall be paid at the time of and with the filing of the application
with the Tax and License Collector or pursuant to a request for approval
by a department charged with the responsibility of reviewing the application.
All fees for an appeal shall be paid at the time of and with the filing
of the appeal. No application or request for approval or appeal shall
be deemed valid or complete until all prescribed fees have been paid.
(SCC 578 § 2, 1983; SCC
1268 § 1, 2004)
Neither a Solicitations Permit, General Business License nor
Special Business License shall be transferable or assignable from
one person to another.
Each such license shall terminate and be deemed to have no further
force or effect upon: (a) a transfer from one person to another of
the whole ownership of the business or enterprise; or, (b) a change
of the whole function or operation for which the permit or license
has been issued.
During the term of a General Business License or a Special Business
License the holder shall file in writing with the Treasurer-Tax Collector
notice of: (a) the transfer from one person to another of the whole
ownership of the business or enterprise, or, (b) a change of the whole
function or operation for which the permit or license has been issued.
(SCC 578 § 2, 1983; SCC
0804 § 2, 1990)
During the term of a Special Business License the holder of
the permit or license shall file in writing with the Sheriff notice
of each: (i) addition or deletion of a general or limited partner,
when the holder is a partnership; (ii) addition or deletion of a joint
venturer, when the holder is a joint venture; (iii) transfer of more
than one-half of one percent of the voting shares of stock, when the
holder is a commercial corporation; (iv) change of directors, when
the holder is either a commercial or non-profit corporation; (v) change
of membership in management committee composed of persons holding
ownership interests, when the holder is a partnership or joint venture;
(vi) change in membership of a governing body or other board or committee
to which management is entrusted, when the holder is an unincorporated
association; and (vii) change in president or general manager, vice-president
or chief assistant manager, secretary and treasurer, or any officer
with equivalent or similar authority. The holder of a license or permit
shall provide in writing such detailed information respecting any
such change as the Sheriff may require.
A termination of a Special Business License shall be deemed
to have occurred whenever the Sheriff determines that effective management
or control of the holder has been transferred in significant part
to a person whose character or business responsibility was not reviewed
at the time the license was issued, and when written notice of the
Sheriff's determination and of termination of the license is served
on the holder. The effective date of termination shall be 15 days
following the date of service of the notice of termination; provided,
that in the event an appeal from termination is filed within the time
and in the manner prescribed, termination shall occur on the date
on which the appeal is finally determined.
(SCC 578 § 2, 1983; SCC
0804 § 3, 1990)
During the term of a General Business License the holder shall
file in writing with the Treasurer-Tax Collector notice of each: (i)
addition or deletion of a general partner, when the holder is a partnership;
(ii) addition or deletion of a joint venturer, when the holder is
a joint venture; and (iii) transfer of more than ten percent of the
voting shares of stock, when the holder is a commercial corporation.
A termination of the license shall be deemed to have occurred
whenever the Treasurer-Tax Collector determines that a change in ownership
has occurred in significant part to another person and when written
notice of the determination and of termination is served upon the
holder. The effective date of termination shall be 15 days following
the date of service of the notice of termination; provided that in
the event an appeal from termination is filed within the time and
in the manner prescribed, termination shall occur on the date on which
the appeal is finally determined.
(SCC 578 § 2, 1983; SCC
0804 § 4, 1990)
During the term of a General Business License the holder of
the permit or license shall file in writing with the Treasurer-Tax
Collector notice of any change in the business function, operation,
or enterprise for which the permit or license has been issued. The
holder shall provide in writing such detailed information relating
to any alteration in the business function, operation, or enterprise
as the Treasurer-Tax Collector may require.
A termination of the license shall be deemed to have occurred
when the Treasurer-Tax Collector determines that any such change materially
alters the business function, operation, or enterprise for which the
license has been issued in a manner which requires a new investigation
of the applicability of or compliance with the laws enforced through
the license, and when written notice of the determination and of termination
is served upon the holder.
The effective date of termination shall be 15 days following
the date of service of notice of termination; provided that in the
event an appeal from termination is filed within the time and in the
manner prescribed, termination shall occur on the date on which the
appeal is finally determined.
(SCC 0804 § 5, 1990)
General Business Licenses shall expire when the person to whom
the License is issued ceases operations authorized thereby or upon
expiration of its term. The term of a General Business License shall
be three years from the date of issuance.
Special Business Licenses and Employee Permits shall expire
when the person to whom the License is issued ceases operations authorized
thereby or upon expiration of its term. The term of a Special Business
License and an Employee Permit shall be one year from the date of
issuance.
(SCC 578 § 2, 1983; SCC
0804 § 6, 1990; SCC 1267 § 2,
2004)
Except as otherwise provided, the Treasurer-Tax Collector is
charged with the responsibility of administering General Business
Licenses, and shall be authorized from time to time to promulgate
and enforce such rules or regulations consistent with the purposes,
intent, and express terms of this title as he or she deems necessary
to implement such purposes, intent and express terms.
Except as otherwise provided, the Sheriff is charged with the
responsibility of administering Special Business Licenses, and shall
be authorized from time to time to promulgate and enforce such rules
or regulations consistent with the purposes, intent and express terms
of this title as he or she deems necessary to implement such purposes,
intent and express terms.
No rules or regulations promulgated by the Treasurer-Tax Collector
or Sheriff, or amendments thereof, shall be enforced or become effective
until 30 calendar days following the date on which the proposed rules
or regulations are filed with the Clerk of the Board of Supervisors.
(SCC 578 § 2, 1983)
Any notice or other writing authorized or required by this title
shall be deemed served and effective for all purposes on the date
when it is reduced to writing and is either personally delivered to
the party to whom it is directed or is deposited in the United States
mail, postage prepaid, and addressed to the party to whom it is directed.
When under the provisions of this title any notice or other writing
is authorized or required to be filed, it shall not be deemed to have
been filed until it is received in the office of the official with
whom filing is required.
Whenever a provision in this title requires a public hearing
to be conducted, notice of the time, date, place and purpose of the
hearing shall be published at least once not later than ten calendar
days in advance of the date of commencement of the hearing in a newspaper
of general circulation which is published within the County. The same
type of notice shall also be served on each Licensee whose License
would be affected by the action taken at the conclusion of the hearing.
(SCC 578 § 2, 1983)
Whenever the terms "Hearing Authority" are utilized in this
title, they shall be deemed to refer to a person assigned the responsibility
of conducting a hearing by the County Executive. The County Executive
shall be authorized to assign hearing responsibilities from time to
time to either:
a.
County
management personnel who the County Executive finds are qualified
by training and experience to conduct such hearings;
b.
Any
attorney who the County may employ for the purpose of conducting administrative
hearings;
c.
Attorneys
engaged in practice within the Sacramento Community who are retained
by contract to conduct such hearings; or
d.
Administrative
Law Judges assigned to the State of California Office of Administrative
Hearings.
|
The County Executive is hereby authorized to contract in the
name of the County for the retention of hearing services either by
attorneys engaged in private practice or the Office of Administrative
Hearings at rates which do not exceed those payable by the County
for the legal defense of tort liability claims within financial limitations
established by the County's annual budget.
|
(SCC 578 § 2, 1983)
Except as otherwise specifically provided, pursuant to the provisions
of Government Code Section 25132, violation of any of the provisions
contained in this title shall constitute an infraction subject to
a fine of $50 for each day or any portion thereof a violation continues.
Violation of any of the following provisions of this title following service at the enterprise of a written notice by an enforcing official advising of the violation and ordering a cessation thereof, shall pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor: sections 4.06.005, 4.06.006, 4.10.005, 4.14.015, 4.18.050, 4.22.010, 4.26.005, 4.28.020, 4.29.025, 4.30.005, 4.34.200, 4.34.210, 4.38.205., 4.50.005, 4.50.050, 4.50.130, 4.50.200, 4.50.205, 4.54.260, and 4.58.135. As used in this Paragraph, an enforcing official includes the Sheriff, Treasurer-Tax Collector/County Clerk-Recorder and any other County officer charged with the responsibility of administering the provisions of this title. Pursuant to the provisions of Section 836.5 of the Penal Code, Business License Inspectors with the Office and acting under the direction and control of the Treasurer-Tax Collector/County Clerk-Recorder, and the Director of Environmental Management shall be authorized to enforce and arrest persons without a warrant for violations of those provisions within those Chapters and Articles of this title which are assigned, respectively, to the administrative responsibility of the Treasurer-Tax Collector/County Clerk-Recorder, and Director of Environmental Management.
Violation of any of the provisions of this title may be remedied
by injunction or other civil proceedings commenced in the name of
the County by the County Counsel pursuant to direction by the Board
of Supervisors.
(SCC 578 § 2, 1983; SCC
580 § 5, 1984; SCC 0723 § 1,
1988; SCC 0804 § 7, 1990; SCC 0988 § 6, 1995; SCC 0992 § 1,
1995)
The Treasurer-Tax Collector and Sheriff are charged with the
responsibility of enforcing the provisions of this title, and to that
end may inspect any and all types or classes of businesses which are
by this title licensed and regulated. The Director of Environmental
Management, the Sheriff, the Planning Director, and their deputies
or subordinate personnel may enter any place of business which is
subject to the provisions of this title for the purpose of inspection
for compliance with this title.
The Treasurer-Tax Collector and Sheriff may, during the term
of a license, require the licensee to complete a license information
update form for the purpose of assuring continued compliance with
this title. The licensee shall, within 15 calendar days of the date
of mailing by the Treasurer-Tax Collector of such an information form,
return the completed form to the Treasurer-Tax Collector or to the
Sheriff, whichever officer has requested the information update form.
(SCC 578 § 1, 1983; SCC
0804 § 8, 1990; SCC 1618 § 32,
2018)
There are many ordinances and other laws applicable to enterprises licensed under Chapters 4.06 through 4.50 which are not sought to be enforced under that licensing process. Such laws include, but are not limited to, building, fire, electrical and other Codes, regulations contained in Chapter 4.54 of this title, and noise control sewage disposal and other health measures. It has been determined that the administrative costs of enforcing such laws would result in fee levels which are so high as to exceed the benefits produced by such enforcement.
Neither the issuance of a General Business License nor a Special
Business License shall be deemed to constitute a representation that
the enterprise so licensed or the premises upon which it is situated
complies with such ordinances or other laws. Nor shall the existence
of such an unrevoked License be deemed to preclude any criminal or
civil remedy for violation of such ordinances or laws, including,
but not limited to, the closure of the enterprise if otherwise warranted
under remedies sought to be invoked. The possession of either a General
Business License or Special Business License shall not be deemed to
relieve the holder of the requirement to apply for or obtain any other
License or Permit required by ordinance or statute.
(SCC 578 § 2, 1983)
On any appeal conducted by a Hearing Authority or the Board
of Supervisors relating to the issuance, denial, suspension, or revocation
of a General Business License, Special Business License, Employee
Permit or other appellate hearing authorized by this title, the Hearing
Authority and Board of Supervisors shall be bound by any and all mandates,
proscriptions and factors prescribed for the exercise of original
discretion by the officer from whose determination the appeal is taken.
(SCC 578 § 2, 1983)
The provisions of this title shall become effective February
1, 1984.
All business licenses and other permits (whether issued to businesses or employees or servants thereof) pursuant to the provisions of Title 5, Chapters 5.04, 5.08, 5.12, 5.32, 5.33, 5.44, 5.48, 5.66, 5.70 and 5.78 which are in effect on January 31, 1984, shall, with respect to enterprises and personnel subject to licensing or permit requirements under Chapters 4.06 through 4.50 of this title, remain in full force and effect for a period of one year following the date of issuance thereof, or until a transfer of ownership as defined by Section 4.02.065, 4.02.070 or 4.02.075, or the person holding the license ceases operation of the enterprise authorized thereby, whichever occurs earlier; and shall thereafter be subject to renewal pursuant to the terms of this title.
(SCC 578 § 2, 1983)
