The purposes of this Title are to regulate businesses and other
enterprises within the unincorporated area of the County in order
to ensure 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; SCC 1738, 9/10/2024)
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 4.07 establishes, defines the applicability of, and prescribes procedures and the basis for issuance, denial, renewal and revocation of the Tobacco Retailer License.
d.
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.
(SCC 578 § 2, 1983; SCC
0804 § 1, 1990; SCC 1738, 9/10/2024)
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; SCC 1738, 9/10/2024)
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; SCC 1738, 9/10/2024)
shall mean a particular place where a business or an enterprise
is either regularly conducted or kept open, or is conducted or kept
open on four or more days during any consecutive thirty (30)-day period.
An enterprise operated from a residence shall be deemed to be conducted
at a fixed location.
(SCC 578 § 2, 1983; SCC 1738, 9/10/2024)
shall mean a license issued by the Director or their designee and required pursuant to the provisions of Chapter 4.06, in order to ensure compliance with specified ordinances, prevent disturbances of neighborhoods and nuisances, and prevent safety hazards.
(SCC 578 § 2, 1983; SCC 1738, 9/10/2024)
shall mean a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, joint venture or other individual
or entity carrying on a business or 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.
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"Person" shall not include a public agency or any officer, employee
or agent thereof while acting in the capacity as such.
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(SCC 578 § 2, 1983; SCC 1738, 9/10/2024)
in relation to the outcome of criminal charges shall include
a plea of nolo contendere.
(SCC 578 § 2, 1983; SCC 1738, 9/10/2024)
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; SCC 1738, 9/10/2024)
shall mean a license issued by the Director and required pursuant to the provisions of Chapter 4.07.
(SCC 1738, 9/10/2024)
Whenever reference in this Title is made to "Director" it shall
mean the Director of Finance or their designee. "Director" and "Director
of Finance," as used in this Title, are interchangeable.
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 to, 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; SCC 1738, 9/10/2024)
The Board of Supervisors of the County may, by resolution every
five years commencing July 1, 2029, prescribe fees for processing
applications and the issuance and renewal of General Business Licenses,
Special Business Licenses, Employee Permits, Tobacco Retailer Licenses,
and Short-Term Rental Licenses; and fees for the filing of appeals
relating to denial for such Permits or Licenses or the suspension
or 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. Effective
July 1, 2025, and thereafter each year, no later than May 15th, the
Director may authorize, effective July 1st of the same calendar year,
an increase of all fees for the Department of Finance, Business Licensing.
In applying the increase, if any, the Consumer Price Index (CPI) for
All Urban Wage Earners and Clerical Workers using the U.S. City average
based on CPI data obtained from the U.S. Department of Labor, Bureau
of Labor statistics for the year (April 1st to March 31st) in which
the fees are adjusted, shall be utilized. No Director authorized increase
shall be in excess of the aforementioned CPI without Board approval.
The adjusted fee schedule shall be published by written notice to
the Clerk of the Board.
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
Director of Finance, 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 Director 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 written appeal. No application or written request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid, unless the Director has granted a fee waiver pursuant to Section 4.02.061.
(SCC 578 § 2, 1983; SCC
1268 § 1, 2004; SCC 1738, 9/10/2024)
Upon receipt of a request in writing wherein financial inability
to pay an appeal fee is expressed, the Director, at their discretion,
may grant a fee waiver for an appeal hearing. A written request for
a fee waiver shall be submitted in addition to the written request
for appeal and written proof or documentation sufficient to establish
the applicant's inability to pay the appeal fee within fifteen (15)
calendar days of the date on the denial, suspension, or revocation
notice must be included.
The applicant for the waiver shall also complete, under penalty
of perjury, a County approved application form requiring the applicant
to list their current physical street address, or another address
where the County can contact the individual as well as their current
occupation, employer, and the type of public benefits that he or she
is receiving. If there is no receipt of public benefits, the application
shall, under the penalty of perjury, list all monthly or yearly income
and expenses and a summary of assets and liabilities. Should the appellant
not submit the required documentation and application, the fee waiver
request shall be denied.
In considering whether to grant or deny an appeal fee waiver,
the Director may consider the applicant's financial conditions in
accordance with California Government Code sections 68632-68633 as
amended by Stats. 2022, Ch. 57, Sec. 6. (AB 199), effective June 30,
2022.
The Director shall, within five (5) business days of receipt
of a completed request for a fee waiver, notify the appellant in writing,
either by postal or electronic mail, of their decision to approve
or deny the fee waiver request. Should the Director deny the fee waiver
request, the appellant will then have five (5) business days to submit
payment of the required appeal fees. Failure to submit appeal fees
within the time prescribed will be deemed a waiver of the right to
appeal and the denial, suspension, or revocation will become final.
The decision on the waiver shall become final upon the date of service of the decision by the Director. There shall be no right to appeal the Director's decision to the Board of Supervisors. The time for judicial review of the Director's decision as well as preparation of the record of the administrative hearing is governed by Sacramento County Code, Chapter 1.06.
(SCC 1738, 9/10/2024)
Neither a General Business License, Special Business License,
Employee Permit, Tobacco Retailer License, nor Short-Term Rental License
shall be transferable or assignable from one person to another.
Neither a General Business License, Tobacco Retailer License,
nor Short-Term Rental License shall be transferable to any location
other than the location listed on the face of the license.
Each 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 for which the permit or license has been issued.
During the term of any License the holder shall file in writing
with the Director of Finance 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; SCC 1738, 9/10/2024)
During the term of a Special Business License the holder of
the permit or license shall file in writing with the Director 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
venture, 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 Director or 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 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 fifteen (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; SCC 1738, 9/10/2024)
During the term of a General Business License the holder shall
file in writing with the Director notice of each: (i) addition or
deletion of a general partner, when the holder is a partnership; (ii)
addition or deletion of a joint venture, 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 Director determines that a change in ownership has occurred
when the business is sold or transferred to another person, or if
the entity number with the California Secretary of State has changed,
and when notice has been given to the business owner either in writing,
verbally, or through e-mail and when written notice of the determination
and of termination is served upon the holder. The effective date of
termination shall be fifteen (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; SCC 1738, 9/10/2024)
During the term of a General Business License the holder of
the permit or license shall file in writing with the Director 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 Director may
require.
A termination of the license shall be deemed to have occurred
when the Director 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.
(SCC 0804 § 5, 1990; SCC 1738, 9/10/2024)
General Business Licenses shall expire when the person to whom
the License is issued ceases operations authorized thereby or upon
expiration of its term or upon revocation. The term of a General Business
License shall be three years from the date of issuance.
The Director, in their sole discretion, may accept a late renewal
application submitted no later than ninety (90) days after expiration
of the license term for a General Business License or thirty (30)
days after expiration of the license term for a Special, Tobacco,
or Short-Term Rental Business License. If the renewal is approved,
the original issuance date shall remain, and the term extended from
the last date of expiration. A late submission fee may be imposed.
Special Business Licenses, Employee Permits, Tobacco Retailer
Licenses, and Short-Term Rental 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 Special Business License,
Employee Permit, Tobacco Retailer License, and Short-Term Rental License
shall be one year from the date of issuance.
(SCC 578 § 2, 1983; SCC
0804 § 6, 1990; SCC 1267 § 2,
2004; SCC 1738, 9/10/2024)
Except as otherwise provided, the Director is charged with the
responsibility of administering General Business Licenses, Tobacco
Retailer Licenses, and Short-Term Rental 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 Director or Sheriff,
or amendments thereof, shall be enforced or become effective until
thirty (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; SCC 1738, 9/10/2024)
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 served on the applicant or licensee, or their designated
representative, not later than ten (10) calendar days in advance of
the date of commencement of the hearing or published at least once
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; SCC 1738, 9/10/2024)
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; SCC 1738, 9/10/2024)
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 not exceeding one hundred dollars ($100) for a first violation;
two hundred dollars ($200) for a second violation of the same ordinance
within one year of the first violation; and five hundred dollars ($500)
for each additional violation of the same ordinance within one year
of the first violation.
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, 4.07.040, 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, Director 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 Department of Finance and acting under the direction and control of the Director 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 Director of Finance and Director of Environmental Management.
Additionally, any violation listed as a misdemeanor, shall pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor and be subject to a sentence of up to six (6) months in the county jail and/or up to $1,000 in fines for each and every violation. Such violations are declared to be a public nuisance and subject to the penalties associated therewith. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter.
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; SCC 1738, 9/10/2024)
The Director of Finance 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 Finance, Director of Environmental
Management, Sheriff, 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 at any time during normal business hours, without
advanced notice of the inspection.
Refusal by the owner or license holder, their agent, employee, or representative, to permit inspection, by the County, of the business shall be grounds for revocation of the applicable General, Special, Tobacco, or Short-Term Rental business license(s) and is a misdemeanor violation punishable pursuant to Section 4.02.100.
The Director of Finance 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 fifteen (15) calendar days
of the date of mailing by the Director of such an information form,
return the completed form to the Director or to the Sheriff, whichever
officer has requested the information update form.
(SCC 578 § 1, 1983; SCC
0804 § 8, 1990; SCC 1618 § 32,
2018; SCC 1738, 9/10/2024)
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, Special
Business License, Tobacco Retailer License, nor a Short-Term Rental
License shall be deemed to constitute a representation that the business
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; SCC 1738, 9/10/2024)
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, Tobacco Retailer License, Short-Term Rental License 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; SCC 1738, 9/10/2024)
