A. 
Application of Terms. The use of or reference of the title of any officer, or employee, or any office or ordinance, means such officer, employee, office or ordinance of the city or their designee, unless otherwise specifically designated.
B. 
For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Business"
means all professions, crafts, trades, occupations and callings of every kind and nature which are carried on for profit, or in which materials, commodities, goods, wares, merchandise or services are sold or offered for sale to the public.
"Gross Receipts"
means, except as otherwise specifically provided in this title, the gross receipts of the calendar year preceding the beginning of the annual license period and is defined as follows: The total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sale of materials, commodities, goods, wares, merchandise or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included, and this chapter shall not be construed to impose any tax upon any business or transaction which the city is not authorized to license or tax under any law of the state or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold and returned by the purchaser to the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining the gross receipts under this chapter.
"Instrumentality"
means every device other than a vehicle in, upon, or by which any person or property is or may be carried, moved or conveyed, in connection with the operation of any business as that term is used in this chapter.
"License"
means the certificate issued by the finance director after payment of the license fee as hereinafter set forth. "License" and "license certificate" are used in this chapter synonymously and interchangeably and shall be so construed.
"Licensee"
means the person or entity issued a license or license certificate by the finance director.
"Permit"
means the right to operate, carry on, conduct or maintain the particular business for which a permit is required under this chapter which right shall be evidenced by a permit form issued by the city clerk after the same is authorized by the city council as provided in Chapter 5.08.
"Street-faire/special event"
means an event, sponsored by an organization, consisting of not less than ten vendors offering for retail sale handmade items, textiles, ceramics, paintings, sculptures, agricultural produce, refreshments, prepared food, beverages and other such items which are commonly offered for sale at events of a similar nature. At any street-faire/special event the sponsoring organization may provide live entertainment.
"Vehicle"
means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(Prior code § 11-1; Ord. 892 § 1, 1990; Ord. 953 § 2(part), 1993; Ord. 1050 §§ 1, 2(part), 1996; Ord. O2023-23, 12/5/2023)
There is imposed upon the business, trades, professions, callings and occupations specified in this title license fees in the amounts hereinafter prescribed, and it is unlawful for any person to commence, transact or carry on in the city any business, trade, profession, calling or occupation specified in this title and as defined in this title without first having paid the required license fee and having procured a license from the city so to do and without complying with all other applicable regulatory provisions of this code or ordinances now affecting or hereafter passed and adopted by the city council, and without obtaining the permit, certificate of compliance or other instrument required under the provisions of this title, and complying with all regulations covering such business contained in this title; and the carrying on of any business not specifically exempted by law without first having complied with the provisions of this title shall constitute a separate violation thereof for each and every day that such business is so carried on.
(Prior code § 11-2)
A separate license shall be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
(Prior code § 11-3)
A separate license shall be obtained by each person conducting a business when there are multiple businesses or there are multiple stations within one location. This section shall not apply to bona fide employees of a single business being operated at one location.
(Ord. 1093 § 1, 1998)
Except vendors participating in a farmer's market or arts and crafts fair as defined in this chapter, every person who operates any business, whether upon a cost, rental or commission basis as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of this chapter, shall be required to pay the license fee and obtain a separate and independent license pursuant to the appropriate provisions of this title, and shall be subject to all the provisions of this chapter.
(Prior code § 11-4; Ord. 953 § 2(part), 1983)
A. 
Constitution or Statutes of the United States or of the State. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the constitution of applicable statutes of the United States or of the state from the payment to municipal corporations of such fees as are prescribed in this chapter.
B. 
Charitable Organizations. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee for any of the following:
1. 
To conduct, manage or carry on any business, occupation or activity, from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; however, any such institution or organization which conducts, manages or carries on any business, occupation or activity providing health care, hospitalization or other medical services shall not be exempt from the provisions of this chapter;
2. 
To conduct any entertainment, concert, exhibition or lecture dealing with scientific, historical, political, literary, religious or other educational subjects within the city, wherein the receipts of any such entertainment, concert, exhibition or lecture are appropriated to any service organization, church or school, or to any religious or benevolent purpose;
3. 
To conduct any entertainment, dance, concert, exhibition or lecture by any service club or religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation.
Nothing in this section shall be deemed to exempt any such institution or organization from complying with the provisions of this or any other ordinance of the city requiring a permit from the city council or a certificate of compliance from any officer to conduct, manage or carry on any profession, trade, calling or occupation specified in this title.
C. 
Veteran's Exemption.
1. 
Subject to the provisions of Sections 5.16.010 through 5.16.020, every person honorably discharged from any of the armed forces of the United States and physically unable to earn his or her livelihood by manual labor, shall be permitted to hawk, peddle, and vend any materials, goods, wares or merchandise (the sale or offering for sale of which is not prohibited by any federal, state or local law), without payment of any license fee required under this chapter, providing that the applicant files with the finance director, as proof of his or her right to his or her exemption, the following:
a. 
A certificate of honorable discharge from any of the armed forces of the United States, or a certified or exemplified copy thereof;
b. 
A certificate of disability signed by any practicing physician or surgeon employed by the United States government, the county, the city or any physician or surgeon engaged in private practice in the city;
c. 
Two copies of a photograph of the applicant taken within three years from the date of the application, one of which shall be attached to the license certificate if the same is issued, and the other to be retained by the finance director.
2. 
Upon the presentation of the foregoing required proof and identification, the finance director shall issue a license certificate without fee, providing he or she is satisfied that applicant is entitled thereto under the provisions of this section.
3. 
No license issued under this title shall be assigned or transferred, and no person, except the person named in the license certificate shall be permitted to carry on the business authorized thereunder.
4. 
The exemption provided in this subsection is personal to the veteran exempted from the payment of a license fee and shall not apply to a distributing or other business conducted by such veteran in which others are employed or to any business other than house to house or place to place hawking, peddling, or vending materials, goods, wares, or merchandise or soliciting orders therefor by such veteran personally.
D. 
Public Utilities. The provisions of this chapter shall not be deemed or construed to require the payment of any license fee by any public utility which pays to the city a tax under a franchise or similar agreement.
E. 
Claim for Exemption. Any person claiming an exemption pursuant to this section shall file a verified statement with the finance director stating the facts upon which exemption is claimed.
F. 
Licenses. The finance director shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption under subsections B, C or D of this section without payment to the city of the license tax required by this chapter.
G. 
Revocation. The finance director may revoke any license granted pursuant to the provisions of this section upon reasonable cause to believe that the licensee is not entitled to the exemption as provided in this title. The licensee may appeal the decision of the finance director pursuant to Section 5.04.250, Appeals.
(Prior code § 11-5; Ord. 894 §§ 2, 3, 4, 5, 6, 1990; Ord. 924 § 1, 1991; Amended during 2009 republication)
A. 
No license fee shall be required of any person engaged in any profession, business, calling, trade or occupation, covered by this chapter, as an employee, whether on salary, commission or other compensation basis.
B. 
No license fee shall be required of any person due to participation as a vendor in a farmer's market or arts and crafts fair as defined in this chapter.
(Prior code § 11-6; Ord. 953 § 2(part), 1993)
It shall be the duty of the finance director to prepare and issue a license to every person making proper application paying a license fee as prescribed by this chapter, and each license shall contain:
A. 
The name of the person to whom the license is issued;
B. 
The business licensed;
C. 
The place where such business is to be transacted and carried on;
D. 
The period of time covered by such license; and
E. 
Such other information as may be necessary for the enforcement of the provisions of this chapter.
(Prior code § 11-7; Ord. 892 § 7, 1990)
A. 
No license issued pursuant to this code shall be transferable; provided, however, that where a license is issued not requiring a certificate of compliance from the police chief, authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application to the finance director and paying a fee of five dollars, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business has moved or is to be moved.
B. 
Where a license is issued that requires a certificate of compliance from the police chief authorizing a person to transact and carry on business at a particular place, such license may, upon application by licensee to the finance director and pay a fee of five dollars, be amended to authorize the transacting and carrying on of such business under the license at some other place to which the business is to be moved, provided that the applicant either declares in writing to the finance director under penalty of perjury that there are no changes in the information provided to the police chief form the time of obtaining the original certificate of compliance or obtains a new certificate of compliance as provided in subsections (A)(2) and (A)(3) of Section 5.16.020.
C. 
Where a license is issued that requires a permit from the city council, authorizing a person to transact and carry on business at a particular place, such license may, upon application by the licensee to the finance director and paying a fee of five dollars, be amended to authorize the transacting and carrying on of such business under the license at some other place to which the business is to be moved, provided that said applicant has provided to the finance director a certificate of compliance issued by the police chief pursuant to Section 5.08.060 of this title.
(Prior code § 11-8; Ord. 892 § 8, 1990; Ord. 928 § 1, 1991)
A duplicate license may be issued by the city clerk to replace any license previously issued under this title which has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the city clerk a duplicate license fee of five dollars.
(Prior code § 11-9; Ord. 892 § 9, 1990)
A. 
Except as otherwise specifically provided, all licenses shall be kept and posted in the following manner:
1. 
Subject to other provisions of this section, any licensee engaged in business in the city at a fixed place of business shall keep the license posted in a conspicuous place upon the premises where such business is conducted.
2. 
Any person engaged in business in the city, but not operated from a fixed place of business shall keep the license issued to him or her upon his or her person at all times while engaged in such business. All employees, agents, representatives of said business shall keep a copy of the business license on their person at any time they are transacting business.
3. 
Every person driving, operating or having control of any vehicle or other means of instrumentality for which a license is required under the provisions of this chapter shall have the license issued for the particular vehicle, means or instrumentality firmly fixed thereto in a place readily accessible and so located on the vehicle, means or instrumentality that the same is plainly visible at all times.
B. 
Applicants for all vehicular licenses shall, at the time of paying the license fee, file with the city clerk a statement showing the motor number, state license number and the type of each vehicle used in the business covered by such license.
C. 
Except as otherwise in this title specifically provided, the provisions of this section relating to vehicular licenses shall not apply to vehicles or instrumentalities used by a licensee who has paid a license fee under any other provisions of this title for conducting a business in connection with which vehicles or instrumentalities are required for delivery service as an incident to the main business.
(Prior code § 11-10; Ord. 1093 § 2, 1998)
No license shall be exhibited or kept in a conspicuous place by any licensee when such license is delinquent or has been revoked.
(Prior code § 11-11)
A. 
Except as otherwise in this chapter provided, license fees required under this chapter shall be due and payable in advance as follows:
1. 
Annual license fees on the first day of July of each year;
2. 
Semiannual license fees on the first day of January and the first day of July of each year;
3. 
Quarterly license fees on the first day of January, April, July and October of each year;
4. 
Monthly license fees on the first day of every month;
5. 
Weekly license fees on Monday of each week.
B. 
In the event a bond is required covering the operation of any business licensed under this title, no license shall be issued until such bond has been filed with the finance director.
C. 
No proration of any license fees due under this chapter shall be made for any portion of the period for which a license fee is payable; except, that in the case of a first annual, semiannual or quarterly license, the license fee may be prorated for the balance of the license period, and in making such proportion a fractional part of a month shall be counted as a full month. Except in the case of a first annual, semiannual or quarterly license, the license fee to be paid for the period specified therefor shall be for the entire period or for any fractional part thereof and no license fees shall be prorated.
(Prior code § 11-12; Ord. 892 § 10, 1990)
A. 
Delinquency Dates. All license fees required by this title shall be delinquent if not paid on or before the times hereinafter prescribed:
1. 
Annual and semiannual license fees at five p.m. on the last day of the month when the same became due and payable;
2. 
Quarterly and monthly license fees at five p.m. on the tenth day of the month when the same became due and payable;
3. 
Weekly and daily license fees at the time the same become due and payable.
B. 
Penalties. Whenever a license fee required by this chapter is not paid on or before the delinquency date, a penalty of ten percent of the license fee shall be added, and an additional penalty of ten percent of the license fee shall be added on the last day of each calendar month thereafter. Every penalty shall become a part of the license fee required by this chapter. In no event shall the penalty or penalties exceed the amount of the license fee due. This section shall not be construed to prevent the enforcement of the penal provisions of this chapter and such provisions may be enforced at any time after the due date of the license.
(Prior code § 11-14)
A. 
In all cases where the amount of license fee to be paid by any person is not specifically stated in this title but the determination thereof is based upon the amount of gross receipts, sales or business transactions, or number of vehicles used, or id determined by any other method hereinafter set forth, such person shall, before obtaining a license, furnish to the finance director, for his or her guidance, a written statement upon a form to be provided by the finance director, sworn to before the finance director, his or her deputy or some other person authorized to administer oaths, showing the total amount of gross receipts, sales or business transactions or number of vehicles used for the year immediately preceding, or other facts upon which the finance director may determine the license fee under the provisions of this chapter as applied to the particular business involved; provided, that where the license fee is paid otherwise than annually, such statement need only be filed once during any calendar year at the time the first license is procured, and the license fee shall be determined by and be based upon such annual statement for the proportionate period for which the license fee is paid.
B. 
All statements filed pursuant to the provisions of this section and Section 5.04.160 shall be confidential and there shall be no unwarranted disclosure or use of the information by any officer or employee of the city.
(Prior code § 11-15; Ord. 892 § 12, 1990)
A. 
Upon a person making application for the first license to be issued under this title or for a newly established business, in all cases where the amount of the license fee to be paid is based upon the amount of gross receipts, sales, or business transactions, or number of vehicles used, or is determined by any other method other than a fixed amount, such person shall furnish to the finance director for his or her guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form provided by the finance director, sworn to before the finance director, his or her deputy or some other person authorized to administer oaths, setting forth such information as may be therein required and as may be necessary to properly determine the amount of the license fee to be paid by the applicant.
B. 
If the amount of the license fee to be paid by the applicant is based upon gross receipts, sales or business transactions, or number of vehicles used or is determined by any other method other than a fixed amount, he or she shall estimate the gross receipts, sales, business transactions or number of vehicles for the period to be covered by the license to be issued. Such estimate, if accepted by the finance director as reasonable, shall be used in determining the amount of license fee to be paid by the applicant; provided, that, the amount of the license fee so determined shall be tentative only, and such person shall within thirty days after the expiration of the period for which such license was issued, furnish the finance director with a sworn statement upon a form furnished by the finance director showing the gross receipts, sales, business transactions or number of vehicles used in such business during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this chapter for the ascertaining and paying of renewal license fees for other businesses, deducting from the payment found to be due, the amount paid at the time such first license was issued.
C. 
The finance director shall not issue to any such person another license for the same or any other business until such person shall have furnished to him the written statement and paid the license fee required in this title.
(Prior code § 11-16; Ord. 892 § 13, 1990)
Any license fee or portion thereof, or any penalty hereafter paid more than once, or illegally, erroneously or wrongfully paid or collected under this chapter or any ordinance of the city requiring the payment of a license fee, may be refunded; provided, that a claim therefor, duly verified by the person paying such fee or penalty, or his or her authorized representative, agent or attorney, shall have been filed with the finance director within six months after the day of payment of the amount sought to be refunded and approved by the finance director. Such claim shall include the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reasons or grounds upon which the claim for refund is based, and shall be paid in the same manner as other approved claims and demands.
(Prior code § 11-17; Ord. 892 § 14, 1990)
A. 
No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable under this title. Such statement and each of the several items therein contained shall be subject to audit and verification by the finance director, his or her deputies, or authorized employees of the city, who are authorized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due.
B. 
All licensees, applicants for licenses, and persons engaged in business in the city are required to permit an examination of such books and records for the purposes aforesaid.
(Prior code § 11-18; Ord. 892 § 15, 1990)
A. 
If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the finance director he or she fails to file a corrected statement, the finance director may determine the amount of license fee due from such person by means of such information as he or she may be able to obtain.
B. 
In case such determination is made, the finance director shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office of Manteca, California, postage prepaid, addressed to the person so assessed at his or her last known address. Such person may, within ten days after the mailing or serving of such notice, make application in writing to the finance director for a hearing on the amount of the license fee. If such application is made, or if application is not made within the time prescribed, the finance director shall cause the matter to be set for hearing within thirty days before the city council. The finance director shall give at least ten days' notice to such person of the time and place of hearing in the manner prescribed above for the service of notice of assessment. The city council shall consider all evidence produced, and written notice of its findings thereon, which findings shall be final, shall be served upon the applicant in the manner prescribed above for service of notice of assessment.
(Prior code § 11-19; Ord. 892 § 16, 1990)
In addition to all other powers conferred upon him or her, the finance director shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the city council, to compromise any claim as to amount of license tax due.
(Prior code § 11-20; Ord. 892 § 17, 1990)
A. 
It shall be the duty of the finance director and his or her qualified deputies, and they are directed, to enforce each of the provisions of this chapter, and the police chief shall render such assistance in the enforcement of this title as may from time to time be required by the finance director or the city council.
B. 
The finance director, in the exercise of the duties imposed upon him under this title, and acting through his or her deputies or duly authorized assistants, shall examine all places of business in the city to ascertain whether or not the provisions of this chapter have been complied with.
C. 
The finance director and each and all of his or her assistants and deputies, and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed under this chapter and to demand that its license be exhibited. Any person having any such license theretofore issued in his or her possession or under his or her control who fails to exhibit the same on demand, shall be guilty of an infraction and subject to the penalties provided for by the provisions of this chapter. It shall be the duty of the finance director and each of his or her assistants, and deputies and all police officers to cause a complaint to be filed against any and all persons found to be violating any of such provisions.
D. 
For the purpose of enforcing the provisions of this title the finance director may, with the prior consent of the city council, deputize a qualified accountant to examine the necessary books and records of any person doing business in the city for the purpose of determining the correctness of the statement filed with the finance director, or which the license fee for such business is based. Any failure on the part of any person licensed under this title to exhibit his or her books and records of the accountant so deputized shall constitute a misdemeanor punishable as in this chapter provided.
(Prior code § 11-21; Ord. 892 § 18, 1990; Ord. 1093 § 5, 1998)
The finance director with the approval of the city council may promulgate and adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter, which rules and regulations so promulgated and adopted shall be in writing and be filed in the office of the finance director and shall be open to public inspection. The violation of any of such rules or regulations so on file shall be a misdemeanor punishable as provided in this code.
(Prior code § 11-22; Ord. 892 § 19, 1990)
No license shall be issued covering any business, profession or operation for which a permit or license is required by the state unless the applicant shall exhibit such license or permit to the finance director.
(Prior code § 11-23; Ord. 892 § 20, 1990)
No license shall be issued under this chapter for an activity that is illegal or unlawful under local, state or federal law.
No license issued under this chapter shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business.
(Prior code § 11-24; Ord. 1404 § 1, 2008)
Any person aggrieved by any decision of an administrative officer or agency with respect to the issuance or refusal to issue any license under this title or any certificate of compliance pursuant to this title may appeal to the city council by filing a notice of appeal with the clerk of the city council. The city council shall thereupon fix a time and place for hearing such appeal. The clerk of the city council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office of Manteca, California, postage prepaid, addressed to such person at his or her last known address.
(Prior code § 11-25)
It is the intent and purpose of this title to license either for revenue or regulation, or both, as set forth in this title, all businesses, occupations, trades, callings or professions carried on within the city, other than those specifically excepted in this title, and if application for license is made for any business not specifically referred to in this title or not included in any of the provisions of this title fixing license fees, the finance director shall cause the applicant to file an application for permit and the same shall be referred to the city council for its consideration, and if the permit is granted, then the city council shall fix the license fees to be paid by the applicant.
(Prior code § 11-26; Ord. 892 § 21, 1990)
Whenever, under the provisions of this chapter, any application for permit, license or any other instrument, is required to be acknowledged or verified before a person lawfully authorized to administer oaths, such acknowledgment or verification may be made before the finance director or his or her duly authorized deputy, and they are authorized and empowered to take such acknowledgments or verifications.
(Prior code § 11-27; Ord. 892 § 22, 1990)
The amount of any license fee and penalty imposed by the provisions of this title shall be deemed a debt to the city, and any person carrying on any business covered in this title without having lawfully procured a license from the city so to do shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of license fees and penalties.
(Prior code § 11-28)
Prior to filing a complaint against any person for failure to pay business license fees under the provisions of this chapter, the finance director may, if he or she deems it advisable, serve on the person from whom such license fees are due, a notice of intention to file a complaint, in substantially the following form:
CITY OF MANTECA FINANCE DEPARTMENT
Notice of Intention to File Complaint
Re: Delinquent Business License
To ____________ Phone ____________
______________________________________________
Street Address
______________________________________________
City
Pursuant to the provisions of applicable ordinances of the City of Manteca, you are hereby notified that this Department will be required to file a complaint against you for failure to pay business license due the City unless you make such payment at the office of undersigned in the City Hall of Manteca, California within 48 hours after receipt of this notice.
Dated:
This ____________ day of ____________, 20___.
______________________________________________
Finance Director
(Prior code § 11-29; Ord. 892 § 23, 1990)
The conviction and imprisonment of any person for engaging in any business without first obtaining a license to conduct such business 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 any of the provisions of this chapter. All remedies prescribed hereunder 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 § 11-30)
Nothing contained in this chapter shall be construed to prohibit the finance director from filing a complaint and prosecuting the offender for violation of the provisions thereof immediately after any license becomes delinquent, if, in his or her judgment, it appears that the filing thereof is justified under the facts of the case.
(Prior code § 11-31; Ord. 892 § 24, 1990)
A. 
The finance director may revoke a business license issued for any of the following reasons:
1. 
The licensee fails to comply with the provisions of this chapter;
2. 
The licensee makes any false statement or material misrepresentation of fact within their business license application;
3. 
The licensee fails to notify the finance director within ten business days of any material changes to the facts provided in a license application subsequent to the issuance of a business license;
4. 
The licensee fails to comply with the permitting requirements associated with the business license sought or obtained by the licensee, such permitting programs include the following:
a. 
Firearm sales,
b. 
Fire sales,
c. 
Home occupation,
d. 
Massage,
e. 
Mobile food vendor,
f. 
Sidewalk vending,
g. 
Private patrol operators and protection dog operations,
h. 
Solicitor and peddler,
i. 
Any other permit listed under Title 5 of the Manteca Municipal Code;
5. 
The licensee's business is not properly zoned;
6. 
If the licensee fails to obtain or provide a Certificate of Occupancy for the parcel or building the licensee's business operates from;
7. 
The licensee fails to comply with the provisions of Title 8 of the Manteca Municipal Code;
8. 
The licensee fails to obtain other state or federally required licenses, permits, insurance, and/or certifications in order to operate their business;
9. 
The licensee or their representative is convicted of a felony. However, as to this particular subsection, the police chief shall recommend revocation to the finance director. The police chief may disregard such a conviction if it is found and determined by the police chief that mitigating circumstances exist. In making such determination, the police chief shall consider the following factors:
a. 
The type of business license or permit for which the person is applying;
b. 
The nature and seriousness of the offense;
c. 
The circumstances surrounding the conviction;
d. 
The length of time elapsed since the conviction;
e. 
The age of the person at the time of the conviction;
f. 
The presence or absence of rehabilitation or efforts at rehabilitation;
g. 
Contributing social or environmental conditions.
B. 
Pursuant to Section 11105 of the California Penal Code, the following officers, and their chosen designees, of the city are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this section: city manager, assistant city manager, city attorney, and police chief.
C. 
The revocation of a business license shall be effective on the date the finance department sends notice of the revocation to a licensee under this provision, which may be effectuated through regular mail, certified mail, or electronic mail. Such notice shall be in writing and delivered personally or mailed to the licensee at the address shown on the business license application.
D. 
A licensee whose business license has been revoked under this provision may appeal such determination of revocation. Such appeal shall be in writing and filed with the city clerk's office within ten days of the date of the delivery of the notice of revocation. The city attorney shall oversee a process consistent with Section 1.10 of this municipal code (including the appointment of a hearing officer) to hear and determine the appeal within thirty calendar days after it is filed. The determination of the hearing officer on the appeal shall be final, and consistent with Code of Civil Procedure Sections 1094.5 and 1094.6.
(Prior code § 11-31.1; Ord. O2023-23, 12/5/2023)