[1961 Code, § 12.23; Ord. 586; Ord. 1080; Ord. 1221, 11-19-1997; Ord. 1374, 6-2-2004; Ord. 1682, 12-16-2015]
(A) 
It shall be the duty of the Finance Director, and he is directed to enforce each and all of the provisions of this chapter, and the Police Chief or his designee shall render such assistance in the enforcement thereof as may from time to time be required by the City Manager or his designee.
(B) 
The Finance Director and/or Chief of Police in the exercise of the duties imposed upon them, and acting through their deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been followed.
(C) 
The Finance Director and/or Chief of Police and their designees, Compliance Officer 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 herein, and demand exhibition of its license certificate. It is unlawful for any person having such license certificate theretofore issued in his possession or under his control to willfully fail to exhibit the same on demand.
(D) 
The Finance Director may make such rules and regulations not inconsistent with the provisions of this Chapter 110 as may be necessary or desirable to supplement or clarify such provisions or aid in their enforcement. Such rules and regulations shall be known as Business License and Business Tax Rules and Regulations, shall be placed in written form and numbered consecutively, and shall be approved by the City Attorney before becoming effective. A copy of each such Business License and Business Tax Rules and Regulations shall be filed with the City Manager and with the City Clerk.
[1961 Code, § 12.28; Ord. 586; Ord. 1221, 11-19-1997; Ord. 1374, 6-2-2004]
On consideration thereof, the Finance Director, on behalf of the City Council, pursuant to its mandate under Article XI § 7 of the California Constitution, shall have the right to refuse any such license if it determines that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, morals, or welfare of the city or its inhabitants.
[Ord. 1221, 11-19-1997; Ord. 1374, 6-2-2004]
In addition to any penalty under § 110.99 hereof, any person in violation of this chapter may be subject to and or all of the following:
(A) 
A lawsuit filed by the City Attorney for injunctive relief, requesting shut down of the business or portions of the business at a time deemed appropriate by the City Attorney, for failure to comply with the licensing ordinance, and all costs of suit;
(B) 
A lawsuit filed by the city for injunctive relief, fines, damages and other relief under the Unfair Business Practices Act, Cal. Bus. & Prof. Code §§ 17000 et seq., and/or any other applicable state or federal statute, and all costs of suit;
(C) 
Abatement as a public nuisance under any provision of state law or this code providing for such abatement;
(D) 
Emergency shut down. Where a Compliance Officer has probable cause to believe that a person is doing business without a license under the meaning of this section, and such business constitutes an immediate danger to public health and safety, such as, by way of example and not of limitation, (a) immediate and obvious fire hazard; (b) contaminated food and/or drink; or (c) the presence of illegal or dangerous drugs; the Compliance Officer, with the approval of the Chief of Police, shall immediately submit an declaration to the Finance Director stating reasons why the business should be immediately closed. The Finance Director, after conference with the Chief of Police and City Attorney, shall determine whether the business shall be immediately ordered closed under this section. If such determination is made, the Finance Director and City Attorney shall issue an order to the Chief of Police for the closure of the business.
(E) 
Post judgment lien upon the property of the offending business.
(F) 
Any other remedy as allowed by law.
(G) 
Recovery of all costs of enforcement, as determined by a record kept by the Finance Director. Upon service of such billing, it shall be due and payable within ten days and thereafter, if not paid, may be offset from any funds paid to the city by the business or person owing these costs.
[Ord. 1374, 6-2-2004]
Refunds shall be subject to Indio Code § 34.90, as it may be amended from time to time.