The director of finance, or his or her designee, shall serve
as administrator of this title. The director of finance, or his or
her designee, may formulate in writing all necessary rules and regulations
to carry out the provisions of this law and to aid in its enforcement,
and in general shall do all things necessary and proper to carry out
the spirit and intent of this law. Determinations concerning information
submitted to aid in the computation of a fee, qualifications for an
exemption, or other duties to carry out the provisions of this law,
shall be an administrative function of the director of finance, or
his or her designee.
(Prior code § 6203; Ord. 1108 § 5, 2017)
The director of finance's deputies, staff, contractual representative
or agent of the city, any other person having the authority to enforce
the provisions of this title or code, or as deemed appropriate by
the director of finance to carry out and enforce the provisions of
this law, shall collectively be the director of finance's "designee."
The director of finance's designee shall be directly responsible to
the director of finance and under his or her supervision, control
and direction.
(Prior code § 6212; Ord. 1108 § 5, 2017)
It shall be the duty of the director of finance, or his or her
designee, or law enforcement to enforce each and all of the provisions
of this title and of any other chapter of this code requiring the
submittal of a complete business license and/or permit application,
securing of a business license and/or permit, and payment of any license
and/or permit fee. In addition, the director of finance, or his or
her designee, shall be responsible for the issuance of permits and
licenses provided for in this title, and/or for the proper processing
as required in this title of all applications and permits.
(Prior code § 6208; Ord. 1108 § 5, 2017)
A. The
director of finance, or his or her designee, shall have the authority
and power to inspect and examine all places of business in the city
to ascertain whether or not the provisions of this title have been
complied with.
B. The
director of finance, or his or her designee, or the city attorney
shall have the power and authority to audit and/or examine all necessary
books, records, and equipment of all persons doing business in the
city required to be licensed or permitted or that have been granted
certain exemptions by the terms of this title for the purpose of ascertaining
the amount of license fee required to be paid by the provisions of
this title, and/or for the purpose of verifying any information, evidence,
or documentation submitted, or having failed to submit contrary to
the provisions of this title.
C. The
director of finance, his or her designee, or the city attorney shall
have the power and authority to enter free of charge and at any reasonable
time any place of business required to be licensed or permitted by
the provisions of this title and to demand an exhibition of a current
and valid business license or permit, books, records or equipment,
or other matters of record.
D. Failure
to exhibit such current and valid business license or permit upon
demand shall be deemed to be a violation of the provisions of this
title.
(Prior code §§ 6209, 6210; Ord. 1108 § 5, 2017)
Except where a repealing or amendatory ordinance specifically
provides otherwise, the amendment or repeal of any provision of this
title shall not be construed to operate as a release or waiver of
any requirement, liability, or sum of money which may be due or owing
to the city by any person pursuant to provisions of said title as
they existed prior to such amendment or repeal. The rule of construction
required by this section is declared to be in clarification and confirmation
of the existing intent of this title, and is not to be construed as
applying solely to the effect of repealing or amending ordinances
adopted subsequent to the effective date of this section.
(Ord. 1108 § 5, 2017)
A. No person shall violate any provision, restriction, regulation, or requirement of this title, or any condition of any permit issued pursuant to this title. Any person violating any provision, restriction, regulation or requirement of this title, or any condition of a permit issued pursuant to this title, is guilty of a misdemeanor, consistent with Section
1.20.010 of this code.
B. The
conviction or imprisonment of any person for violating any of the
provisions of the Business License Law shall not relieve such person
from paying the license fee to conduct such business, nor shall the
payment of any license fee prevent a criminal prosecution for the
violation of the provisions of the Business License Law.
C. All
remedies prescribed hereunder shall be cumulative, and the use of
one or more remedies shall not bar the use of any other remedy for
the purpose of enforcing the prosecution for violations of this title.
D. Whenever
in this title any act or omission is made unlawful, it shall include
causing, permitting, aiding, abetting, suffering or concealing the
fact of such act or omission.
(Prior code § 6211; Ord. 1108 § 5, 2017)
No fee shall be refunded unless it is determined by the director
of finance, or his or her designee, that a fee has been paid in error,
computed incorrectly, or overpaid. No refund shall be made unless
a request is received by the director of finance, or his or her designee,
within one year of the payment of the fee to the city.
(Prior code § 6216; Ord. 1108 § 5, 2017)
Any person required to have a business license under the terms
and provisions of the Business License Law who fails to pay any sum
therein required of such person to the city when due and owing shall
be deemed indebted to the city and shall be liable in an action by
and in the name of the city in any court of competent jurisdiction
for the recovery of such amount, plus penalties, as set forth in this
title, together with all appropriate costs of collection, including
reasonable attorney fees, if litigation is reasonably required to
collect same. All remedies prescribed or permitted by law shall be
cumulative, and the use of one or more remedies by the city shall
not bar the use of any other remedy for the purpose of enforcing the
provisions of this title.
(Prior code § 6202; Ord. 1108 § 5, 2017)