Note: For statutory provisions authorizing counties to impose licenses and regulations, see Bus. & Prof. Code § 16100 et seq.
It is unlawful for any person or persons, whether as principal, clerk, servant, agent or employee, to engage in, conduct or carry on any business, exhibition, occupation or service herein specified, without first having, upon written application, procured a license so to do from the tax collector of this county, which license shall authorize the party obtaining the same to transact the business described in such license for the period named therein. No license shall be required for agricultural or viticultural productions of any stock, dairy or poultry farms, when sold by the producer of such productions on his premises.
(Ord. 708 § 1, 1960)
A separate license must be obtained for each branch establishment or separate house or place of business located in this county. Where more than one business is conducted in one building, a separate license must be obtained for each business under separate ownership.
(Ord. 708 § 2, 1960)
a. 
"Fixed place of business" is defined for the purposes of this chapter as a place of business regularly kept open by the owner, his agents or employees at a fixed location, and includes a business carried on in a residence pursuant to a use permit granted by the planning commission.
b. 
"Person" means a firm, association, business trust, or corporation, cooperative or noncooperative, carrying on the business for which a license must first be procured. When the terms used in this chapter designate the principal, the same means and includes the clerk, agents, servants, representatives and employees of such principals, it being the intent to license the business and not separate individual acts or activities which constitute integral or related parts of the business carried on in one building and under one roof, except as herein otherwise provided.
c. 
"Tax collector" means the tax and license collector of Sacramento County, or his authorized representative.
d. 
"Distributor" means a wholesaler or jobber of goods, wares, merchandise or food products.
e. 
"Chief building inspector" means the chief building inspector of the county, or his authorized representative.
f. 
"Health officer" means the county health officer, or his authorized representative.
g. 
"Building codes" means the uniform building code, electrical code and plumbing code of the county, and all amendments thereto.
h. 
"Zoning ordinance" means the zoning ordinance of the county, and all amendments thereto.
i. 
"Business license inspector" means an authorized representative of the tax collector who has been designated as the business license inspector.
(Ord. 708 § 2, 1960; SCC 54 § 1, 1971; SCC 231 § 1, 1975)
It shall be the duty of the tax collector to collect the license fees required by this chapter, and to perform such other duties as are prescribed by this chapter. It shall be his duty, in the name of the county as plaintiff, to bring suit for the recovery of any license fee and/or penalties required by this chapter against any person who carries on or attempts to carry on such business without such license.
(Ord. 708 § 3, 1960)
No license shall be required under the provisions of this chapter for any commercial traveler whose business is limited to the goods, wares and merchandise sold in this state at wholesale, and who does not carry with him for delivery goods sold by him.
(Ord. 708 § 4, 1960)
War veterans shall be issued an exempt peddler's license in accordance with Section 16001 of the Business and Professions Code. "War veteran," as used in this section, means any honorably discharged veteran who has served in a war or campaign for service in which a medal has been authorized by the Congress of the United States.
(Ord. 708 § 5, 1960; Ord. 893 § 2, 1965)
A severely handicapped person, who has no fixed place of business in Sacramento County, may hawk, peddle and vend any goods, wares, or merchandise owned by him, except spiritous, malt, vinous, or other intoxicating liquor, without payment of any license fee. As used in this section a "severely physically handicapped person" means a person who is blind, or deaf, or who suffers from some severe physical defect which would cause a substantial detriment in any effort to obtain gainful employment. The department of social welfare shall make the initial determination if a person is severely physically handicapped within the provisions of this section, and entitled thereby to a "no fee" license. If the department determines an applicant is not severely physically handicapped within the provisions of this section, the applicant may appeal to the Board of supervisors, whose decision in the matter shall be final. Any person granted a license pursuant to the provisions of this section shall not be exempt from any other provision of this chapter.
(Ord. 708 § 5.5, 1960; Ord. 765 § 1, 1962)
Organizations such as Boy Scouts, Girl Scouts, Camp Fire Girls and similar type organizations which conduct occasional house to house retail sales of packaged wares shall be entitled to engage in such an activity upon issuance to it of a "no fee" license. Such organization shall not, however, be exempt from any other provisions of this chapter.
(Ord. 708 § 5.6, 1960; Ord. 773 § 7, 1962)
The tax collector shall prepare and have printed, numbered blank license application forms with stubs, for all businesses mentioned in this chapter, and shall require such information thereon as he may deem necessary. A fee of two dollars shall be collected by the tax collector for the issuance of each application, except an application for renewal of a license. The stubs of all application forms and permits sold shall be preserved by the tax collector and made available to the auditor who shall receipt therefor and preserve same in his office for at least one year after the date of issuance.
(Ord. 708 § 6, 1960)
The tax collector shall also prepare and have printed, numbered blank license forms with stubs, for all businesses subject to the provisions of this chapter, and shall provide such information thereon as he may deem necessary for the proper administration of this chapter. The tax collector shall deliver to the auditorcontroller a complete accounting of all licenses issued, including a listing of serial numbers appearing on the licenses. Fees charged for these permits shall be as provided in this chapter. The license when validated by the signature of the tax collector, shall constitute authorization to operate and conduct the business described in the application therefor, for the period of time indicated on the face of the license.
(Ord. 708 § 7, 1960)
The auditor-controller shall establish such procedures as he may deem necessary to insure a proper accounting of all licenses issued by the tax collector. The procedures shall be subject to the approval of the county executive.
(Ord. 708 § 8, 1960)
All fees payable for licenses or permits required by this chapter are due and payable in advance at the office of the tax collector, and the licenses or permits shall be issued for a period of twelve months from the date of issuance, except those licenses or permits for which a daily or monthly license fee is required.
(Ord. 708 § 9, 1960; Ord. 848 § 1, 1964)
a. 
Every license issued under the provisions of this chapter shall be issued and accepted by the party receiving the same with the express understanding that the Board of supervisors may revoke the same at any time if the Board finds that:
1. 
The license holder has violated any of the conditions of the license or the requirements of this chapter;
2. 
The license was obtained by fraudulent representations; or
3. 
The license holder is unfit to be trusted with the privileges granted by the license.
b. 
No license shall be revoked without the holder being given an opportunity to appear before and be heard by the Board in his own behalf. The clerk of the Board shall set the matter for hearing and shall give ten days' notice in writing to the license holder of the time and place of the hearing. At the option of the clerk of the Board, such notice may be given by registered or certified mail. Notice by mail shall be effective when mailed to the license holder at the address shown in the records of the license collector. It shall be the responsibility of the license holder to maintain a current address with the collector and to notify the license collector immediately of any change in the address. At the option of the clerk of the Board, as an alternative to notice by mail, notice may be given by personal service on the license holder or his agent.
c. 
On the revocation of a license as herein provided, no part of the license fee paid shall be returned and the license fee shall be forfeited to the county. No other or further license shall be issued to the person whose license has been revoked within six months from the date of such revocation.
(Ord. 708 § 10, 1960; SCC 118 § 1, 1973)
a. 
Every person who sells, solicits or takes orders for goods, wares, merchandise, books, periodicals, subscriptions, photographs or services from private residence to private residence, shall pay an annual license fee of thirty-six dollars.
b. 
For the purposes of this section the employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, may be covered under a single license obtained by and issued in the name of the firm provided each such person who is subject to the requirements of Section 5.04.390 holds a valid solicitor permit issued pursuant to that Section.
(Ord. 708 § 26, 1960; Ord. 848 § 2, 1964)
a. 
It is unlawful for any solicitor to go from private residence to private residence within the county without having first obtained a written solicitor permit pursuant to this section.
For the purposes of this section the word "solicitor" includes all employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, subject to the requirements of Section 5.04.300.
b. 
To obtain a permit a solicitor shall appear personally before the tax and license collector and file a written application for such permit, giving the name and address of the applicant, the firm or organization which he represents, a description of the purpose for which the applicant proposes to go from private residence to private residence, and such other information as the tax and license collector may require. The applicant shall pay an application fee for processing of two dollars with his application.
c. 
The tax and license collector shall refer the applicant to the sheriff who shall fingerprint and photograph the applicant and obtain reports from the state and Federal Departments of Justice of any record regarding the applicant which is available from those agencies. After an applicant has been fingerprinted and photographed by the sheriff, the applicant shall be issued a temporary permit by the tax and license collector, valid for forty-five days, unless the sheriff, based on a check of any immediately available record or source of information regarding the character of the applicant or the business responsibility of the firm which he represents disapproves the issuance of a temporary permit. If the sheriff disapproves, his reasons for disapproval shall be specified in writing, a copy of which shall be delivered to applicant. When he receives the reports, the sheriff shall forward them to the tax and license collector together with any other relevant information from the sheriff's files regarding the applicant and the firm which the applicant plans to represent in the county.
Upon receipt of the material from the sheriff, the tax and license collector shall forward the application and said material to the Board of supervisors. The board may cause such other investigation to be made as it deems necessary for the public good. If the Board finds the applicant's character or business responsibility of the firm he represents to be unsatisfactory, it shall disapprove the application, otherwise the Board shall approve the application. Upon receipt of notice of approval of an application by the Board, the tax and license collector shall issue a permit. All permits shall be numbered consecutively in the order of their issuance.
d. 
On the face of each permit, including temporary permits, there shall be placed each of the following:
1. 
The permit number;
2. 
The permit holder's name and address;
3. 
The name and address of the firm or organization which the holder represents;
4. 
A description of the holder;
5. 
The expiration date of the permit.
e. 
Any contract entered into by a person subject to the provisions of this section who does not possess a valid solicitors permit is voidable at the option of the other contracting party.
f. 
This section and Section 5.04.300 do not apply to:
1. 
Girl Scouts, Camp Fire Girls, Boy Scouts, Little League members and members of similar organizations when soliciting on behalf of such organization;
2. 
Persons who represent a fixed place of business in the county who regularly make deliveries, normally not involving personal contact with customers for the purpose of making sales or obtaining orders, over an established route and who only occasionally make calls on persons residing within the area covered by such route for the purpose of obtaining additional customers for such regular deliveries. The foregoing provision is intended to cover only such persons as milkmen, newspaper boys and other persons engaged in substantially similar activities;
3. 
Persons licensed and regulated under state law governing the insurance business;
4. 
Persons licensed and regulated under state law governing the real estate business;
5. 
Persons licensed and regulated under state law governing the securities and investment business;
6. 
Persons soliciting charitable contributions on behalf of:
A. 
A church or organization of churches of any denomination, or any nonprofit agency duly constituted by a church, churches, or denominations, to carry on religious education, interdenominational operations, or the like,
B. 
An institution of learning authorized by the state to grant degrees,
C. 
A hospital licensed by the state,
D. 
Any institution licensed by the California Department of Social Welfare,
E. 
Any nonprofit corporation or nonprofit voluntary unincorporated association organized for charitable purposes.
7. 
Persons who go from private residence to private residence for political purposes or for the purpose of influencing legislation;
8. 
Persons licensed and regulated under state law governing the sale of motor vehicles;
9. 
Persons licensed and regulated under state law governing the cemetery business.
g. 
Persons who hold a license or registration issued prior to August 19, 1964 pursuant to Section 5.04.300 shall not be subject to the requirements of this section until expiration of such licenses or registration.
h. 
While soliciting from private residence to private residence, the solicitor's permit shall be carried on the person of solicitor who, upon demand, shall show such permit to any person authorized to enforce this chapter.
(Ord. 708 § 33.1, 1960; Ord. 848 § 4, 1964; Ord. 867 § 1, 1965)
a. 
Every person claiming to be entitled to exemption from the payment of any license fee or from any other requirement provided for in this chapter upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the tax and license collector, disclosing the interstate or other character of his business entitling such exemption. The statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit. The affidavit may be filed by a firm on behalf of one or more employees or representatives of the firm who are subject to the requirements of this chapter.
b. 
If the tax and license collector determines that a license fee is not applicable with respect to any person because of interstate commerce requirements, a license fee shall not be required and the person may be issued an exempt license. Such license shall be valid only for the purpose of authorizing solicitation of orders to be filled directly from another state. Any person who is eligible for a license pursuant to this section shall be subject to all applicable provisions of this chapter.
(Ord. 798 § 33.3, 1960; Ord. 848 § 5, 1964)
Any license issued pursuant to Section 5.04.390 may be transferred with the written consent of the tax collector endorsed thereon. The person to whom such license is to be transferred shall be subject to the same requirements as specified in Section 5.04.390 except that the only fee shall be a nonrefundable transfer fee of fifty cents. The tax collector shall approve the transfer of any such license on a temporary basis pending receipt of approval or disapproval of the sheriff. If the sheriff approves, the approval of the transfer by the tax collector shall automatically become permanent, but if the sheriff disapproves, the license shall be cancelled and the transferee given notice of such cancellation.
(Ord. 708 § 39.5, 1960; Ord. 818 § 1, 1963)
Whenever a person as defined in Section 5.64.020 has been issued a permit to solicit for charitable purposes for any rummage sale of old clothes or secondhand merchandise, sale of confectionery, or for any exhibition, concert, carnival, amusement rides, animal rides or other entertainment, the net receipts of which will be paid to any church, religious organization, school, charitable or benevolent organization or any bona fide veterans organization, there shall be no license fee collected.
(Ord. 708 § 40, 1960; Ord. 790 § 1, 1962; Ord. 947 § 1, 1967; SCC 15 § 1, 1970)
Any person who conducts a business within the unincorporated area of Sacramento County without first having obtained the prescribed business license shall be required to pay a fee for such license which shall be equal to double the amount of the fee otherwise provided herein for such license. However, if such person has been previously issued a business license and has failed to renew such license on or before its termination date, he shall, upon application for the renewal of such license, be required to pay a fee which shall be equal to one hundred twenty-five percent of the amount of the fee otherwise provided in this chapter for the renewal of such license.
(Ord. 708 § 43.5, 1960; Ord. 773 § 8, 1962)
An application for the renewal of a license hereunder shall be made at least thirty days prior to the expiration of the current license. Upon receipt of an application for renewal of a license, the tax collector shall issue a new license if there is an unrevoked certificate of occupancy for the premises, and, if the type of business requires it, an unrevoked health certificate certifying that the premises are in compliance with applicable health and sanitary requirements.
(Ord. 708 § 51, 1960)
It shall be the duty of the tax collector to exercise due diligence in the enforcement of this chapter to determine if all businesses subject to this chapter are duly and regularly licensed, and to that end may inspect any and all types or classes of businesses by this chapter licensed and regulated. The chief building inspector, health officer, tax collector, sheriff, or their deputies, may enter any place of business, subject to the provisions of this chapter, for the purpose of inspection for compliance with this chapter, and, in the case of the sheriff, to prevent or quell any disturbance of the peace therein.
(Ord. 708 § 52, 1960; SCC 231 § 2, 1975)
In the performance of his duties, the business license inspector shall have the authority and immunities of a public officer and employee as set forth in Penal Code Section 836.5, to make arrests without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of this chapter.
(SCC 54 § 2, 1971)
Any person aggrieved by any decision or action of any county officer or employee may appeal to the Board of supervisors by written notice of appeal filed with the Board within fifteen days following receipt by such person of written notice of such decision or action. The appeal shall be placed upon the agenda of the Board for hearing upon the earliest available date but in no event later than the second regular board meeting following the filing of the appeal with the clerk.
(Ord. 708 § 56, 1960; Ord. 848 § 6, 1964)