No person shall commence or carry on, either directly or indirectly, any business, profession, trade, occupation or calling, for which a business tax certificate is required by the Business License Law, sometimes referred to as a Business License, nor shall any such person carry on either directly or indirectly any business, profession, trade, occupation or calling for which a permit is required by the Business License Law, unless specifically exempted by the provisions of the Business License Law. The commencement or carrying on of any such business, profession, trade, calling or occupation without having first procured and maintained in good standing such a Business License or Business Tax Certificate or permit, where required, shall constitute separate violation of this Code for each and every day that said business, profession, trade, occupation or calling is so carried on.
[Added by Ord. 75-14]
No certificate or permit issued under the provisions of the Business License Law shall be construed as to authorizing anyone to conduct or carry on any illegal or unlawful activity or business or to operate any business or activity in a manner that does not comply with the standards and procedures of this Code or other local ordinances or any state law for which the City has enforcement compliance responsibility.
[Amended by Ord. 2023-6]
It shall be the duty of the Director of Administrative Services and Finance ("Director of Finance"), or designee as hereinafter specified, to enforce each and all of the provisions of the Business License Law, including the collection of business taxes and penalties. The Director of Finance shall be responsible for the issuance of all permits, licenses and certificates required by the Business License Law and for the proper processing of all applications and registrants for permits, licenses, or certificates. The City Attorney shall advise the Director of Finance, or his authorized representative, on the legal effects and application of any provision of the Business License Law, and shall assist in the collection of any fee, license, tax, penalty or fine, including revocation and/or suspension of any related permit, building permit, license, or certificate.
The Director of Finance or his authorized representative shall examine all places of business in the City to ascertain whether or not the provisions of the Business License Law have been complied with. Said Director of Finance, or his authorized representative, or the City Attorney, shall have the power to examine all necessary books and records of all persons doing business in the City and subject to the provisions of the Business License Law for the purpose of ascertaining compliance therewith and payment of any fee, license, tax or penalty. Said officers and each of them, and their duly authorized representatives, shall have the power and authority to enter free of charge at any reasonable time and place the premises of any business subject to or reasonably thought to be subject to the provisions of the Business License Law, and to demand exhibition of any required permit, license, certificate, and exhibition of any books or matters of record necessary to ascertain compliance with the Business License Law.
For the purpose of enforcement of the Business License Law the Director of Finance may with the approval and consent of the City Manager deputize a qualified accountant to examine the necessary books and records of any person doing business or reasonably thought to be doing business under the terms and provisions of the Business License Law within the City. Any failure on the part of any person doing business, or reasonably thought by the Director of Finance to be doing business within the City, under the provisions of the Business License Law, to exhibit to and allow examination by said account so deputized, shall constitute a violation of this Code.
Any person required by the aforementioned sections to disclose or make available books, records and other documents as required and reasonably necessary to ascertain whether or not said person is complying with the Business License Law, and at reasonable times and places, and any person having any license, permit or certificate issued under the provisions of the Business License Law in his possession or under his control who fails to exhibit the same on demand, shall be guilty of a misdemeanor.
The Director of Finance shall have, in addition to all of the powers conferred upon said officer under the Business License Law, for good cause shown, the power to extend the time of filing any application, statement or registration not to exceed thirty (30) days, and in such cases, the power to waive any penalty that would have otherwise accrued; and with the approval of the City Attorney to compromise any claim for permit fee, license fee, business license tax, or penalty under the provisions of the Business License Law.
[Added by Ord. 77-12]
Pursuant to §11105 of the Penal Code of the State of California the Director of Finance is hereby authorized to have access to and to utilize state summary criminal history information when it is needed to assist him in fulfilling licensing duties set forth in the Business Law.
Whenever the words "Director of Finance" appear in the Business License Law they shall mean and include any Deputy Director of Finance, and any other person authorized or appointed by the Director of Finance to act in his place and stead in the performance of any duty or responsibility bestowed upon the Director of Finance by the provisions of the Business License Law. "Director of Finance" shall mean and include, where authorized by the Director of Finance or by contract or agreement of the City Council, or where authorized by the City Manager, any officer or employee of the City directed, authorized or required by such agreement or employment to perform any of the duties and the functions of the Director of Finance pursuant to the Business License Law, or any of the duties and functions of the Director of Finance pursuant to the Business License Law, or any of the duties and functions of the License Collector or Tax Collector. The words "License Collector" or "Tax Collector" as used under the Business License Law shall mean the Director of Finance or any other person authorized by him, by the City Manager, or by the City Council, pursuant to contract, to perform the duties of License or Tax Collector under the terms and provisions of the Business License Law. "Director of Finance" shall also include and mean for the purpose of enforcement of any of the terms and provisions for the Business License Law or collection of any license tax, penalty or fee, the Chief of Police and any of his authorized deputies, and any member of the law enforcement agency of the City of Lakewood.
Where authorized by the Director of Finance the City Treasurer or his authorized deputy shall serve and act as License Collector. The City Treasurer shall be custodian of all funds collected pursuant to the provisions of this Business License Law.
No permit, business license or business tax certificate shall be renewed as provided in the Business License Law until the Director of Finance has determined that all provisions of the Business License Law, or any condition imposed in the issuance of said permit, have been complied with.
Chapters 1 through 5 of Article VI of the Lakewood Municipal Code are commonly known or referred to as the Business License Law or the Business License Ordinance. Wherever in said Chapters 1 through 5 reference is made to the word "ordinance" the same shall mean Chapters 1 through 5, only, of the Business License Law, unless another meaning is clearly indicated. Whenever in Chapters 1 through 5 reference is made to the word "Article" the same shall mean only Chapters 1 through 5 of this Article, and not any further or subsequent chapters of this Article, unless another meaning is clearly indicated.