[Ord. 1374, 6-2-2004; Ord. 1767, 12-15-2021]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BRANCH
A separate establishment or location of a business (which may or may not have a separate type of business activity) not including a warehouse or distributing plant used in connection with and incidental to the business.
BUSINESS
Professions, arts, trades and occupations and all and every kind of calling whether or not carried on for profit.
CODE COMPLIANCE FEE
Those fees paid by an applicant to reimburse the city the costs of having city departments checking the applicant's compliance with applicable sections of the Municipal, County and/or State Code.
COMPLIANCE OFFICER
Any employee or agent of the City so designated by the City Manager, Building Official or Police Chief and charged with enforcing the Municipal Code of the city or applicable state code.
CONTRACTOR
A builder or any person who undertakes to, or submits a bid to, or does himself or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. "Contractor" includes subcontractor, specialty contractor and owner/builder when the definition of owner/builder hereunder does not apply.
DOING BUSINESS ON AN UNAPPROVED APPLICATION
Engaging in a business trade or occupation after submitting an application for a business license but prior to receiving approval of such application.
EMPLOYER
A person who is or should be registered with the state and federal government as an employer and subject to several obligations including state and federal income tax withholding, federal social security taxes, workers' compensation insurance, disability insurance costs and unemployment compensation contributions.
FINANCE DIRECTOR
The "Finance Director" of the city or his/her designee.
GROSS RECEIPTS
The total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction there from on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses. Excluded from gross receipts shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected; that portion of the receipts of a general contractor which represent payments to subcontractors, provided that such subcontractors are licensed under this chapter, and provided the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor.
OPERATE
To manage, control or carry on.
OWNER-BUILDER
An individual authorized by this code to do construction or install equipment in or on buildings on premises used exclusively for a single-family residence, of which the individual is the legal owner and in which residence he resides or intends to reside. He shall pay fees herein the same as a general contractor if the residence is offered for sale within one year after the date of completion of the same.
PERSON
All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, or common law trusts, societies, and individuals transacting and carrying on any business in the city other than as an employee.
PUBLIC CONCERT
Any type of live or recorded entertainment held in a public or private place, for free or fee, open to the public in general.
[Ord. 1374, 6-2-2004]
(A) 
This chapter is enacted to raise revenue for municipal purposes, as well as for regulation.
(B) 
Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances.
(C) 
Neither the adoption of this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect the prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. The renumbering and updating of the nonfinancial provisions of this chapter in no way changes or increases or effects in any way the existing business license taxes or fees.
[Ord. 1374, 6-2-2004; Ord. 1652, 4-16-2014]
(A) 
There are imposed upon the businesses specified in this chapter, license taxes in the amount set forth by resolution. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city pursuant to all applicable provisions of this chapter. Failure to comply with the provisions of this chapter shall subject a person doing business to all those penalties set forth in this chapter, as well as any other penalties as set forth by law.
(B) 
This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state.
(C) 
Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the United States or of the state shall not be liable for payment of the tax imposed by this chapter.
(D) 
All individuals, firms, companies. Associations, organizations, partnerships and/or corporations granted a license for cabarets shall be required to hire security personnel in the number determined necessary by the Chief of Police who are licensed under the Private Investigator Act (Cal. Bus. & Prof. Code § 7512 et seq.). The security personnel shall possess the appropriate certification under the Private Investigator Act and/or shall have training in crowd control beyond that required by the Private Investigator Act. The requirement of such security may be waived upon written application of applicant, which details the lack of need, and that such will not jeopardize the health, safety and general welfare of the City and its inhabitants.
(E) 
Notwithstanding anything to the contrary, in addition to a license as required by this Chapter, those businesses identified in this Title (including but not limited to businesses vending by pushcarts or vending vehicles, massage establishments, taxicabs, and so forth) also shall meet the requirements set out in the applicable Chapter before a license may be obtained hereunder. Failure to do so shall subject the person to all applicable penalties.
[Ord. 1374, 6-2-2004]
It is prohibited to begin engaging in a business after submitting an application for a business license, but prior to receiving such license. Such an act shall be deemed doing business based on an unapproved application and shall be deemed a failure to comply with the provisions of this chapter and shall subject a person doing business to all those penalties set forth in this chapter, as well as any other penalties as set forth by law. Doing business based on an unapproved application shall constitute grounds for denial of an application for a business license.
[Ord. 1374, 6-2-2004]
When any person by use of signs, circulars, cards, telephone books, or newspapers, advertises, holds out, or represents that he is in business in the city, or has established a base of business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he is doing business in the city, and such person fails to deny by a sworn statement given to the Finance Director that he is not conducting a business in the city, after being requested to do so by the Finance Director, then these facts shall be considered prima facie evidence that he is conducting a business in the city.
[Ord. 1374, 6-2-2004; Ord. 1682, 12-16-2015]
(A) 
A separate license must 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. However, 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 so long as no retail transactions are made at such warehouses or distributing plant. Such warehouses and distributing plants must be noted on the business license upon application therefor or added as they become operative.
(B) 
Notwithstanding division (A) of this section, any person transacting or engaged in the rental or letting of three or more long-term rental units (whether such unit is an apartment house, single-family dwelling, duplex, triplex, condominium, apartment house or other residential property rental), shall not be deemed to be a separate place of business for tax purposes and shall be taxed as one business. A separate business license, however, is required for each of the rental units.
[Ord. 1374, 6-2-2004; Ord. 1682, 12-16-2015]
(A) 
None of the license taxes provided for by this chapter shall be so applied to create an undue burden upon interstate commerce, prohibited by the United States and state Constitutions and certain federal and state laws. Where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce, the licensee or applicant may apply to the Finance Director for an exemption from the tax. In the event the tax has already been paid, the licensee or applicant may apply to the Finance Director for an adjustment of the tax, and the Finance Director may order a refund of the amount over and above the amount eventually fixed as the license tax. The application shall be made within six months after payment of the prescribed license tax or it shall be deemed waived.
(B) 
The applicant for exemption from the license tax shall file a sworn written statement with the tax administrator stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of taxes imposed by this title. The sworn written statement shall contain the following:
(1) 
The nature of the business;
(2) 
The gross volume or estimated gross volume of the business;
(3) 
The gross receipts for the previous calendar year;
(4) 
Such other information and documents as the Finance Director may deem necessary.
(C) 
The applicant for exemption from the license tax based on a claim of undue burden on interstate commerce shall, in addition to the requirements of division (B) above, furnish the Finance Director with a sworn written statement containing the following:
(1) 
Information indicating that the applicant has paid a substantially similar tax in another jurisdiction; and
(2) 
Such other information and documents as the Finance Director may deem necessary in order to determine the extent, if any, of the undue burden on the interstate commerce aspect of applicant's business.
(D) 
The Finance Director shall have the power to exempt an applicant from payment of any license tax. Upon a proper showing in the sworn statement that the imposition of a license tax on all aspects of applicant's business is, or will be, a direct and substantial burden on the interstate activity of the applicant, the Finance Director shall issue a license to the applicant without payment to the city of the license tax required by this chapter.
(E) 
The Finance Director, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to this section upon information that the reasons supporting an exemption do not apply or are invalid and that the licensee is not entitled to the exemption or reduction previously awarded. The decision of the Finance Director shall be final.
(F) 
None of the license taxes provided for by this chapter shall be applied where exempted or adjusted by federal and state laws concerning service-related disability or other reasons. Upon sufficient showing by the applicant prior to payment, the Finance Director may adjust or exempt applicant from payment of the business tax; otherwise, an applicant claiming such an exemption or adjustment shall so apply to Finance Director or designee as set forth in this section within six months after payment of the prescribed license tax. The applicant shall set forth the applicability of any federal or state law requiring an exemption or adjustment and the percentage of disability or adjustment claimed, if applicable. Thereafter, the investigation and review procedure shall be the same as previously set forth in this section.
(G) 
Any person transacting or engaged in the rental or letting of two or fewer long-term rental units (whether such unit is an apartment house, single-family dwelling, duplex, triplex, condominium, apartment house or other residential property rental), is exempt from the payment of a license tax. Such person, however, remains subject to and shall obtain a business license for each unit.
[Ord. 1374, 6-2-2004]
(A) 
The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business, occupation, event, or activity from any institution or organization which is conducted, managed or carried on for the benefit of religious, charitable, philanthropic or educational purposes; provided that. This requirement shall be met by a current ruling letter showing that the entity exempt from federal tax under IRC Section 501(c) (3) and California Revenue & Taxation Code Section 23701(d) and convincing evidence to the satisfaction of the Finance Director that the activity conducted is for such exempt purposes rather than for the generation of unrelated business income.
(B) 
This section shall not be deemed to exempt any such institution or organization from complying with all other provisions of this chapter or this code. In other words, the exempt organization only is exempt from the tax, not from the regulation.
(C) 
The exemption in this section shall not be deemed applicable with regard to any commercial type revenue-producing rental activity or other merchandising or business activities directly or indirectly operated on a regular basis by or on behalf of a religious or charitable institution or organization.
(D) 
When activities otherwise exempt under the basic rule stated in division (A) are conducted for and on behalf of an exempt institution or organization, by a profit-making contractor or concessionaire, or the like, then the exemption shall be applicable only with regard to the religious or charitable organization, and shall not be applicable with regard to the activities, operations or revenues received by the contractor or concessionaire or the like.
(E) 
No license tax shall be required for the conducting of any temporary entertainment, concert, exhibition, or lecture by any religious, charitable, civic, fraternal, educational, military, state, county or local governmental organization or association, whenever the receipts there from are to be appropriated for the purposes and objects for which such organization or association was formed, and from which profit is not derived by any other persons except those in the business of producing, staging, or otherwise participating in such events, and, provided, that this exemption shall not apply to such or any other persons or entities conducting business and deriving profit, incidentally to producing the receipts as stated.
[Ord. 1374, 6-2-2004]
Every honorably discharged soldier, sailor, marine, or airman of the United States who is physically unable to obtain his livelihood by means of manual labor and who is a qualified voter of the state shall have the right to hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating beverages, without the payment of a license fee, subject, however, to the restrictions, limitations, regulations and conditions set forth as follows:
(A) 
Every applicant must comply with the following requirements before a license may be issued under the provisions of this section:
(1) 
Every applicant must furnish a certificate of physical disability executed by a qualified surgeon of the United States Army, Navy, Air Force, a certificate of honorable discharge from the United States Armed Forces, and a written recommendation from the representative of the local posts of the American Legion and the Veterans of Foreign Wars.
(2) 
Every applicant must furnish two identification photographs; one to be attached to the license issued to the applicant, and the other to be attached to the copy retained by the tax administrator. The applicant must also sign both copies of the license at the time of the issuance thereof.
(B) 
A license when issued is subject to the following conditions:
(1) 
It is nontransferable and for the exclusive use of the licensee named.
(2) 
Applicant's identification photograph must be attached to the license at all times, and failure to comply herewith is grounds for revocation of the license and for refusing its renewal or the issuance of a new license thereafter.
(3) 
Should a license be found in the possession of one other than the licensee named, it shall be surrendered up to the tax administrator and canceled, and neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section.
(4) 
The licensee named must identify himself by his signature whenever required to do so by the police officers, or other authorized City officials.
(5) 
Whenever the licensee uses any wagon, cart, tray, basket or other vehicle or receptacle in vending any such goods, wares, or merchandise, the license shall be carried in a license holder attached to the vehicle or receptacle an in plain view.
(C) 
It is unlawful for any person other than the licensee named, to use or have in his possession any license issued pursuant to the provisions of this section.
(D) 
No person shall purchase or transfer any license issued pursuant to the provisions of this section, or transfer or convey the certificates mentioned in division (A), to any other person for the purpose of securing a license as provided for in this section.
[Ord. 1374, 6-2-2004]
Any person under 16 years of age whose annual gross income from any business done within the city is less than $800 shall be exempt from the requirements of this title.
[Ord. 1374, 6-2-2004]
(A) 
A business license shall not be required of individual artists for the exhibition or display of paintings, sculpture, photographs or other fine arts in public buildings, art galleries, or in any business establishment if the exhibition or display is incidental to the primary business conducted on the premises, and is primarily for cultural and educational purposes. Any artist shall be exempt from the requirements of this title if the sales of his artwork within the city do not result in annual gross receipts in excess of $1,000.
(B) 
A no-fee business license shall be issued to those individuals on a retirement system such as social security, private or public pension plan, making less than $3,000 per year and over the age of 60 years, upon showing evidence of such.
[Ord. 1374, 6-2-2004]
The Finance Director may revoke the exemption from licensing, if in their opinion the person is not entitled to the exemption. Such a decision may be appealed to the City Manager, whose decision shall be final.
[Ord. 1374, 6-2-2004]
All applicants shall comply with the following procedure in order to obtain a business license, and the Finance Director shall issue no business license to an applicant who does not complete all of the following:
(A) 
Each applicant shall fill out an application as prescribed by the Finance Director, in its entirety and pay the initial application tax and compliance fee as provided by the Finance Director.
(B) 
Payment of the following:
(1) 
First license tax. Prior to issuance of a business license, each applicant shall make an estimated first payment as set forth in §§ 110.14
(2) 
Initial code compliance fee. Each applicant shall initially pay a code compliance fee as set by the Finance Director or designee to defray the costs of processing the application and checking the applicant's compliance with applicable sections of the Municipal Code.
(C) 
(1) 
The Finance Director or designee may give the applicant a notice that the application process does not constitute a license to do business, and each applicant shall acknowledge the terms of the notice. The language of the notice shall be substantially as follows. Notwithstanding, even in the event an applicant does not receive such notice, it is unlawful to do business in the City without the required license.
(2) 
Notice to all business license applicants: The attached application is not a license to do business until the application has been processed and the license issued by the City of Indio. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation, without first having procured a license from the City. You will receive your official business license certificate in the mail, after your application has been approved, and at which time you may begin doing business. You may request a temporary business license to be issued, if you are ready to begin doing business before your official business license certificate is printed and mailed to you. Your business license receipt does not authorize you to do business without compliance with all applicable zoning, health, building and other rules and regulations.
(3) 
Notwithstanding, even in the event an applicant does not receive such notice, it is unlawful to do business in the City without the required license.
(D) 
Upon successful completion of the application procedure, and the full payment of the prescribed license tax and any and all fees, the Finance Director shall issue a license, which license shall contain:
(1) 
The name of the person to whom the license is issued;
(2) 
The name of the business licensed, and the business mailing address and street address, if different, as well as the address of any warehouses or distribution centers;
(3) 
The date of issuance;
(4) 
The business license number;
(5) 
The location(s) where such business is to be transacted and carried on;
(6) 
The type of business by code;
(7) 
The term and date of expiration of such license; and
(8) 
Such other information as may be necessary or helpful for the enforcement of this chapter.
[Ord. 1374, 6-2-2004]
(A) 
Upon a person making application for the first license to be issued hereunder or for a newly established business, in all cases where the amount of license tax to be paid is measured by gross receipts, such person shall furnish to the Finance Director for his guidance in ascertaining the amount of license tax to be paid by the applicant, a written statement, upon a form provided by the Finance Director sworn to before a person authorized to administer oaths, setting forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant.
(B) 
If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts 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 tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within 30 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 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 taxes for other businesses, after 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 tax as herein required.
[Ord. 1374, 6-2-2004]
In all cases, the applicant for the renewal of a license shall submit to the Finance Director for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by the Finance Director, written under penalty of perjury, setting forth such information concerning the applicant's business during the preceding year as may be required by the Finance Director to enable him to ascertain the amount of the license tax to be paid by such applicant pursuant to the provisions of this chapter.
[Ord. 1374, 6-2-2004]
(A) 
No statements 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 hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the Finance Director, his deputies, or authorized employees of the city. Where an audit/verification of such statement reveals that the amount of tax paid for any license tax period is less than the amount actually due pursuant to this chapter, a penalty of 50% of the amount due shall be assessed, in addition to a flat fee set by resolution of the City Council to cover the administrative costs of the audit/verification.
(B) 
The information furnished or secured pursuant to this section or §§ 110.14 and 110.15 shall be confidential to the extent allowed by law.
[Ord. 1374, 6-2-2004]
(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 fails to file a corrected statement, at the discretion of the Finance Director, the amount owed for the previous year may automatically rollover and become due for the current year; otherwise, the Finance Director may determine the amount of license tax due from such person by means of such information as he may be able to obtain.
(B) 
When either determination is made, the Finance Director shall give a notice of the amount so assessed by sending it personally or by depositing it in the United States Post Office at Indio, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within 15 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 tax. If such application is made, the Finance Director shall cause the matter to be set for hearing within 15 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 for serving notices of assessment. The Council shall consider all evidence produced, and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment.
(C) 
Failure to file required or corrected statements shall also subject a person to any other penalty as provided by this chapter.
[Ord. 1374, 6-2-2004]
(A) 
All licenses issued under the terms of this chapter are granted and issued by the city and accepted by the party to whom issued upon the express understanding that the Finance Director may revoke the same at any time in the event that:
(1) 
Any condition of the license, or any terms of this chapter, or any law of the city, state or the United States of America governing or regulating the conduct of the business licensed is being violated by the holder of such license; or
(2) 
Any condition of the license, or any terms of this chapter, or any law of the city, state or the United States of America protecting the health, safety and welfare of the public is being violated by the holder of such license; or
(3) 
Such license was obtained by false representation.
(B) 
Before any such revocation, a written notification of the time and place of an informal hearing on the question of revocation shall be given by the Finance Director in writing to the holder of such license at least five days before the date of such hearing and the notice shall set forth the time and place of such hearing and shall specify in general terms the ground upon which it is proposed to revoke such license, including a description in general terms of the violation of any law of the city, or of the state, or of the United States of America, regulating the conduct of the business which it is alleged is being violated by the licensee.
(C) 
Any applicant aggrieved by any decision of the Finance Director with respect to the issuance or refusal to issue such license may appeal to the Council by filing a notice of appeal with the Clerk of the Council within 15 days after receiving the decision of the Finance Director. The Council shall thereupon fix a time and place within the next 15 days for hearing such appeal. The Clerk of the Council shall give notice to such person of the time and place of hearing at least ten days before such hearing by serving it personally or by depositing it in the United States Post Office at Indio, California, postage prepaid, addressed to such person at his last known address. The Council shall have authority to determine de novo all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter. The City Council shall give notice in writing of its decision within 15 days after the hearing before the Council. Upon the revocation of such license, no part of the money paid therefore shall be returned, and all such license taxes and code compliance fees shall be forfeited to the city. Whenever the license of any person shall have been revoked after hearing by the City Council, no license shall again be issued to such person to transact, conduct or carry on any kind of business within the city for a period of six months from and after the date of revocation.
[Ord. 1374, 6-2-2004]
(A) 
No license for any succeeding, current or unexpired license period shall knowingly be issued to any person who at the time of making application for any license, in indebted to the city for any unpaid license fee or tax.
(B) 
No license renewal thereof shall be issued, nor shall one which has been suspended or revoked be reinstated or reissued, to any person, who at the time of applying therefore, is indebted to the city for any delinquent license taxes, unless such person, with the consent of the Finance Director, enters into a written agreement with the city through the Finance Director, to pay such delinquent taxes, plus ten percent simple annual interest upon the unpaid balance, in monthly installments, or oftener, extending over a period of not to exceed one year.
[Ord. 1374, 6-2-2004]
In addition to all other power conferred upon him, the Finance Director shall have the power, upon a written request signed under penalty of perjury, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 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 Council, to compromise any claim as to amount of license tax due.
[Ord. 1374, 6-2-2004]
Where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee established by resolution of the City Council have the license amended to authorize the transacting and carrying on of such business under such license at some other location to which the business is or is to be moved. Upon any sale or transfer of a majority interest in a business, the license may be transferred to the new owner or operator upon the payment of a transfer fee as established by resolution of the City Council for the balance of the time remaining under the original license, provided however, that the transferee shall meet all applicable provisions of this chapter or other sections of the Municipal Code.
[Ord. 1374, 6-2-2004]
Where a license has been issued to any business by the city and the tax paid therefore under the provisions of any ordinance heretofore enacted and the term of the license has not expired, then the license tax prescribed for such business by this chapter shall not be payable until the expiration of the term of such expired license.
[Ord. 1374, 6-2-2004]
A duplicate license may be issued by the Finance Director to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, the time of filing such statement paying to the Finance Director a duplicate license fee as established by the City Council.
[Ord. 1374, 6-2-2004]
All licenses must be kept and posted in the following manner:
(A) 
Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous, public place upon the premises where such business is carried on;
(B) 
Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting and carrying on such business.
[Ord. 1374, 6-2-2004]
Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall produce such license for inspection upon demand by a Compliance Officer, Police Officer or Compliance Officer.
[Ord. 1374, 6-2-2004]
Any person who knowingly or intentionally misrepresents to any Compliance Officer or employee of this city any material fact in procuring the license or permit herein provided for is guilty of a misdemeanor.
[Ord. 1374, 6-2-2004]
The City Manager, Building Officials or designees, Compliance Officer, Compliance Officer or any police officer shall have the power and authority to examine all places of business in the city to ascertain whether the provisions of this chapter have been fully complied with. They shall have authority to enter, free of charge, at any reasonable time, any place of business required to be licensed hereunder, and demand the production of its license certificate.
[Ord. 1558, 5-6-2009; Ord. 1652, 4-16-2014]
(A) 
As a part of the City’s processing an application for a license or renewal thereof, to the extent that the applicant proposes to engage in a business or use reflected in division (B) of this Section, the Police Chief or his or her designee shall have the authority and responsibility to conduct any background investigation deemed necessary and appropriate as a general matter in order to insure the health, safety and welfare of the community. The specific purposes of such a background investigation include but are not limited to:
(1) 
Determination as to the truthfulness and correctness of information provided by an applicant in completing any application, or providing any other information to the City in the process of applying for a license pursuant to this Chapter.
(2) 
(a) 
The applicant, if an individual, or any of the directors, officers or stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of existing or proposed business in the City or a natural person employed or contracted or leased with to be an operator has not been convicted or pleaded nolo contendere or guilty within five (5) years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to:
1. 
The sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058;
2. 
The sale, distribution or display of harmful and obscene matter, or indecent exposure;
3. 
Selling or disposing of lottery tickets;
4. 
Permitting gambling, pool selling or bookmaking; or
5. 
Alcohol or drug-related traffic offenses.
(b) 
The investigating City employee is specifically authorized to obtain state summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.
(3) 
Identification of any other potential detriment to the public health, safety, or welfare that may be presented by City issuance of the license or license renewal in question, i.e., harm that may arise from or relate to applicant's operation or business.
(B) 
Except as otherwise specified in this Code, the only businesses or uses that may be subject to a background investigation per this Section are those engaged in, or proposing to engage in activity related to any of the following:
(1) 
Alarm installation.
(2) 
Alcohol.
(3) 
Firearms.
(4) 
Foreclosure consultation.
(5) 
Pawn shops.
(6) 
Security guard companies and private patrol operators.
(7) 
Vending from a pushcart or vending vehicle.
(8) 
Businesses or uses determined, on a case-by-case basis by the Chief of Police, Fire Marshall, or either of their designees, potentially detrimental to the public health, safety and welfare.
(C) 
The applicant shall submit the full names of all of the directors, officers or stockholders holding more than five percent (5%) of the stock if the business is a corporation or any of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of existing or proposed business in the City. The applicant shall also submit the full names of all natural persons employed or contracted or leased with to be an operator of the business. No one may operate or assist in operating any business without being named in the business license application.
(D) 
The Police Chief or his/her designee shall have the discretion to waive the performance of any background investigation authorized by this section and the fee chargeable hereunder.
(E) 
Any background investigation conducted pursuant to this section shall be initiated within ten days of an applicant's filing of a business license application or renewal application, and shall be complete within 45 days of commencement.
(F) 
In the event that the Chief of Police or his/her designee determines that due to extraordinary circumstances, completion of a particular background investigation performed pursuant to this section, in a manner satisfactory to protect the community, requires more than the 45 days provided by division (D) hereof, the Police Chief or his/her designee shall provide written notice of that fact to the business license or renewal applicant in question. That written notice shall include a succinct explanation of the circumstances that have caused the delay in the investigation's completion. In issuing any such written notice, the Police Chief or his/her designee may extend the time allowed for completion of the investigation in question by not more than 45 additional days.
(G) 
The City Council shall set and from time to time adjust by resolution a non-refundable fee, due concurrent with an applicant's filing of its/his/her application for a license per this chapter. Concurrently, the City Council shall also set any potential supplemental fee for background investigations of unusually lengthy duration. All such fees and supplemental fees so set shall be chargeable by the city and payable in full by the applicant in exchange for background investigation services performed pursuant to this section. The City Council shall only adopt such fees or supplemental fees in accord with all applicable law. An applicant's failure and/or refusal to pay any fee or supplemental fee hereunder shall be a violation of this provision.