This chapter is enacted to raise revenue for municipal purposes
and is not intended for the regulation of businesses.
(§ 1, Ord. 777, eff. January 14, 2005)
(a)
General requirements. It shall be unlawful for any person
or entity to commence or carry on any trade, calling, business, exhibition,
avocation or occupation within the City limits of the City without
having first procured a business license certificate and paying the
registration fee and annual tax therefor. Thereafter, all business
license registration renewal fees and annual business license taxes
shall be payable in advance on or before the anniversary date of the
issuance of the certificate. Doing business shall include, but not
be limited to, all individuals and firms who hold a fictitious business
name statement, a State Board of Equalization resale permit or a listing
in commercial directories such as the Yellow Pages, local business
guide, real estate multiple listing book, reverse telephone directory
from Pacific Bell or similar listing. Determinations that a firm or
individual is doing business in the City may be appealed to the Finance
Director.
(b)
Fee exemptions. The Finance Director shall have the authority
to waive business license registration fees and annual taxes to service
clubs or non-profit charitable organizations.
(c)
Non-profit festivals. Vendors selling items at weekend festivals
conducted by non-profit organizations shall be exempt from the provisions
of this chapter.
(d)
Child and adult care exemptions. Residential care facilities
for children or adults which service six or fewer persons shall not
be subject to the provisions of this chapter.
(e)
Exhibitions, concerts or lectures. The conduct of any entertainment,
concert, exhibition or lecture on scientific, historical, literary,
religious or moral subjects whenever the receipts of any such entertainment,
concert, exhibition or lecture are to be appropriated to any church
or school or to any religious or benevolent purpose within the City
shall not be subject to the provisions of this chapter.
(f)
Amount of fee. The amount of the business license registration
fee required under this chapter shall be $25 or as determined by resolution
of the City Council from time to time.
(g)
Multiple businesses. Two or more separate and distinct businesses
carried on at the same location, whether or not owned or controlled
by the same individual or entity, shall each require a separate business
license certificate. A single business carried on at multiple locations
within the City shall require a separate business license certificate
for each such location.
(§ 1, Ord. 777, eff. January 14, 2005, as amended by § 1, Ord. 779, eff. February 25, 2005)
Every person, firm or corporation having a business license
certificate under the provisions of this chapter and carrying on a
trade, calling, business, profession, exhibition, avocation or occupation
at a particular fixed and permanent place of business shall keep such
certificate posted and exhibited while the same is in force in some
conspicuous place therein.
(§ 1, Ord. 777, eff. January 14, 2005, as amended by § 1, Ord. 779, eff. February 25, 2005)
Every person, firm or corporation having a business license
certificate under the provisions of this chapter who does not carry
on a trade, calling, business, profession, exhibition, avocation or
occupation at a particular fixed and permanent place of business shall
carry his or her certificate with him or her at all times while carrying
on such business for which the certificate is issued and shall exhibit
the same to any police officer of the City or any person authorized
by the City to issue certificates or to collect fees and taxes for
the same.
(§ 1, Ord. 777, eff. January 14, 2005)
The business license registration application must include each
trade name and separate location in the City used in the conduct of
any business, delivery, etc., within the limits of the City.
(§ 1, Ord. 777, eff. January 14, 2005)
(a)
All
commercial, industrial and miscellaneous buildings within the City
which are used for a business requiring a business license certificate
under this chapter must have a certificate of occupancy issued by
the Community Development Department before a business license certificate
may be issued. Existing buildings which are structurally altered and
which are used for a business requiring a business license certificate
under this chapter must also have a certificate of occupancy issued
by the Community Development Department before a business license
certificate may be issued.
(b)
Businesses
that handle hazardous materials and chemicals must receive a Fire
Department clearance before a business license certificate may be
issued.
(§ 1, Ord. 777, eff. January 14, 2005)
(a)
No
business license certificate issued to any person shall be transferable
to any other person. If a business license certificate is issued authorizing
a person to transact, engage in and carry on a business at a particular
place, such licensee may, upon application therefor and payment of
the fee set forth in this section, have the business license amended
to authorize the transacting, engaging in and carrying on of such
business under the business license at another location to which the
business has been or is to be moved. Businesses requesting an amended
business license certificate shall be subject to a new zoning clearance
and Fire Department review prior to issuance of the amended business
license certificate. Amended business license certificates will be
charged a fee of $25 or such other service fee as may be adopted by
resolution of the City Council from time to time.
(b)
Businesses
which require an immediate duplicate copy of their business license
certificate shall pay a fee of $10 or such other service fee as may
be adopted by resolution of the City Council from time to time.
(§ 1, Ord. 777, eff. January 14, 2005)
Businesses which need a business license certificate prior to
completion of the business certification process may request a 30
day temporary business license certificate upon payment of the first
year's business license registration fee and annual tax. A 30 day
temporary business license certificate will be issued by the Finance
Director for use during the interim period. However, the temporary
business license certificate may be revoked at any time upon failure
to meet the requirements for a permanent business license certificate.
In such case, the annual tax, but not the registration fee, will be
refunded.
(§ 1, Ord. 777, eff. January 14, 2005)
The amount of such business license fees and taxes required
under this chapter shall be a debt to the City and such person or
entity required to have such business license registration shall be
liable to the City for the amount of the business license fee and
tax, together with costs of suit and any attorney's fees incurred
in a civil action brought to collect the fee and/or tax; provided,
however, that criminal prosecution, including arrest and conviction
hereunder, shall not be construed as a waiver of the right of the
City to bring a civil action to collect a business license registration
fee and/or tax.
(§ 1, Ord. 777, eff. January 14, 2005)
The City shall send out an annual notice to all business certificate
holders in confirming to them that a renewal payment is due. The City
shall send out a second notice prior to the registration certificate
due date reminding the business owner that a renewal payment is due.
Both of these notices are sent as a courtesy only and receipt of the
notice is not required before payment of the annual renewal fee is
due.
(§ 1, Ord. 777, eff. January 14, 2005)
The amount of the business license renewal fee required under
this chapter shall be $10 or such other service fee as may be adopted
by resolution of the City Council from time to time.
(§ 1, Ord. 777, eff. January 14, 2005)
Where an application, fees and taxes have been submitted and,
because of administrative, legal, procedural or substantive requirements,
the Finance Director, in his or her sole discretion, has determined
that the collection of such fees or taxes, or both, is inappropriate,
a refund of all or a portion of such fees and taxes may be returned
to the applicant.
(§ 1, Ord. 777, eff. January 14, 2005, as amended by § 2, Ord. 779, eff. February 25, 2005; repealed
and replaced by § 2, Ord. 779, eff. February 25, 2005)
(a)
License years. The license year shall commence on January
1 of each year and shall expire on December 31 of the calendar year
issued.
(b)
Annual period. Licenses shall be issued upon an annual basis.
All fees and taxes shall be due and payable in advance on January
1 of each year.
(c)
Daily licenses. Fees and taxes for business licenses issued
upon a daily basis shall be due and payable each day in advance. The
amount of such fees and taxes shall be determined by resolution of
the City Council.
(d)
Partial periods. When an annual business license is required,
any person commencing a business after the expiration of the first
quarter of the license year may secure a license for the unexpired
portion of the license year for the proportionate part of the full
business license fee and tax as determined by the Finance Director.
(e)
Due dates. Except as otherwise provided in this section,
payment of the amount of business license fees and taxes shall be
made by each licensee at the time the first or initial business license
is issued and without deduction in the amount of such fees and taxes
for the time elapsed from the commencement of the business license
tax.
(§ 1, Ord. 777, eff. January 14, 2005, as amended by §§ 3 and
4, Ord. 779, eff. February 25, 2005)
It shall be the duty of the Finance Director or his or her designee
to:
(a)
Administer
the provisions of this chapter and issue such rules and regulations
necessary for its implementation. All decisions of the Finance Director
in this regard are subject to appeal to the City Council;
(b)
Prepare
and issue a business license pursuant to the provisions of this chapter
for every person liable to pay a business license tax. Such license
shall state the amount of he tax paid thereof, the period of time
covered thereby, the name of the person to whom the license is issued,
the business licensed and the location where the business is to be
carried on;
(c)
Determine
that the proposed business, trade or occupation for which a business
license is sought shall be conducted in a proper location for the
conduct of such business and that such business will be carried on
at such location in such manner that the business will not be in violation
of laws or injuriously affect the public health, peace, safety, morals
or general welfare.
(§ 1, Ord. 777, eff. January 14, 2005)
