For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Amusement arcade"
means any place, location or premises where five or more amusement devices are available for public use and operation.
"Amusement device"
means any mechanical or electrical machine which, upon the insertion of a coin, slug, token, plate or disc, or for which playtime is sold, may be operated by the public generally for use as a game, entertainment or amusement, with or without registering a score, for the purpose of testing the operator's skill. "Amusement device" includes, but shall not be limited to, video games, pool tables, air hockey, foosball, pinball machines, skill ball, mechanical grab machines, and all similar skill testing devices. "Amusement device" shall not include amusement rides, sound or music devices, vending machines, adult movie arcades, or newspaper or publication vending machines.
"Amusement ride"
means any mechanical or electrical machine which, upon the insertion of a coin, slug, token, plate or disc, provides a ride. "Amusement ride" includes, but is not limited to, hobby horses, rocket ships, miniature autos, animal rides and other similar devices. "Amusement ride" does not include an amusement device.
"Auctioneer"
means and includes any person selling or offering for sale any real or personal property at public auction or by public outcry.
"Auction house"
means and includes any fixed place of business where any personal property or any real property, or interest therein, is sold or offered for sale by public outcry or public auction.
"Average number of persons employed,"
when the annual license is based upon the average number of persons employed, means the average number of persons employed daily in the person's business for the period of one year and shall be determined by ascertaining the total number of hours of service performed by all employees during the last preceding year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom bylaws governing such employment, and by again dividing the sum thus obtained by the number of business days in each year. In computing the average number of persons employed, fractions of numbers shall be excluded.
"Bath parlor"
means a place where water, mud, steam, Turkish, Russian, Swedish or other baths are given to or administered to human beings.
"Builder"
means a person constructing, reconstructing, or erecting a building, dwelling or structure not intended for his own occupancy.
"Business"
means and includes all kinds of vocations, trades, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted, used or carried on for the purpose of earning in whole or in part a profit or livelihood whether or not a profit or livelihood actually is earned thereby and regardless of whether paid for in money, goods, labor or otherwise. Business, professions and trades shall include, without being limited thereto, trades and occupations of all and every kind of calling carried on within the city; salesmen, brokers, retailers, wholesalers, vendors, suppliers, peddlers, professions, the renting or supplying of living quarters or board, or both for guests, tenants or occupants. A business need not have a fixed place of business in the city.
"Circus"
means and includes any tent or canvas enclosure wherein are exhibited acts or feats of horsemanship, trained animals, clown, acrobatic or trapeze performances, or such other forms of skill or amusement as are commonly given in rings, and combinations of entertainment.
"Commence"
means and includes commence, begin, initiate, start, open and establish.
"Conduct"
means and includes conduct, transact, maintain, prosecute, practice, operate and carry on.
"Contractor"
means any person, except a licensed architect or a registered civil engineer acting solely in his professional capacity, who, in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or any part thereof, including the erection of scaffolding or other structures or work in connection therewith. "Contractor" includes subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor.
"Director"
shall mean the community development director or the director's designee(s).
"Employee,"
when used to determine the amount of a license fee based, in whole or in part, upon the number of employees engaged in business, means and include all natural persons engaged, on a full-time or part-time basis, in the operation or conduct of any business, whether an owner, a member of an owner's family, proprietor, officer, director, partner, manager, operator, trustee, trustor, beneficiaries, associates, solicitors and/or a joint venturer.
"Established business"
means and includes only such persons in cases whereby the nature of their respective modes of operation would clearly be classifiable as a "permanent business." In all other cases such fact shall be required to be proven by the exhibition of a bona fide lease or rental agreement to the premises where such business is to be conducted, such lease or rental agreement to be for a minimum period of six months or more.
"Film Production"
means and includes all activity attendant to staging or shooting motion pictures, television shows or programs, still photography, and commercials.
"Food"
means and includes all articles and substances used for food, drink, confectionery or condiment by man, whether simple, mixed or compound.
"Gross receipts"
means gross income, as defined in the Internal Revenue Code, and includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable 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" are all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" are all of the following:
A. 
Cash discounts allowed and taken on sales;
B. 
Credit allowed on property accepted as part of the purchase price and which property may later be sold;
C. 
Any license fee required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
D. 
Such part of the sale price of property returned by purchasers upon rescission of the contract of sales as is refunded either in cash or by credit;
E. 
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, provided, the agent or trustee has furnished the director with the names and addresses of the others and the amounts paid to them;
F. 
Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;
G. 
As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker;
H. 
As to a retail gasoline dealer, that portion of his/her gross receipts derived from the sale of motor vehicle fuel, equal to the motor vehicle fuel tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the State;
I. 
As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code if paid by the dealer or collected by him/her from the consumer or purchaser.
"License"
means licensing for both revenue and regulation pursuant to the authority of Section 37101 of the Government Code of the state and all other state laws permitting licensing and regulation for revenue and regulation.
"License collector"
shall mean that person or persons designated by the community development director to perform the duties set forth in this code.
"Massage parlor"
means a place where massage, fomentation, electric or magnetic treatments or alcohol or other rubs are given or administered to human beings.
"Peddling"
means the sale of any goods, wares or merchandise from house to house and at other than from a fixed place of business.
"Private playgrounds"
means places where children are permitted to congregate and play and for which an admission fee is charged, or at which charges are made for participation in any activity, or at which charges are made for the use or participation upon any amusement device by an individual, firm, or corporation.
"Purport to commence"
and/or "purport to conduct" means and includes any person who, by the appearance of the premises or by the acts of either such person or the agents, servants or employees of such person, would be in position to so conduct any business within the city.
"Retail manufacturing"
means the manufacturing, processing or fabricating of any product, commodity, machine, instrument, tool or other thing and selling any such product at retail only.
"Sale"
means and includes the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. This definition shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law.
"Show" or "exhibition"
means and includes moving picture exhibitions, theatrical performances, races and activities of like nature, whether conducted in the open or at a place of public assemblage for a price of admission.
"Soft drink"
means a beverage for human consumption containing less than 3.2 percent of alcohol by volume.
"Solicitor" or "canvasser"
means any person who goes from house to house or from place to place in the city selling or taking orders for, or offering to sell or take orders for, any goods, wares, merchandise or any article for future delivery, or for any service to be furnished or performed in the future, or for the making, manufacturing, treating or repairing of any article or thing whatsoever for future delivery.
"Sound or music device"
means any mechanical or electrical machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for the production or playing of sound or music.
"Subject to special application procedure"
means that the applicant for any license to which such words are made applicable, before receiving the license applied for, shall follow the procedure set forth in Section 5.04.160.
"Subject to special permit from the council to be first obtained"
means that the license collector is not to issue any license to which such words relate or to which the same may be made applicable unless the council shall have first authorized, by either motion or resolution, the issuance of the particular license so made subject or limited.
"Theater"
means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given, having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, the primary function of which is to present such performances, and in which the serving of food or beverage is clearly incidental to such performances. This definition is not intended to supersede the provisions of Sections 318.5 and 318.6 of the Penal Code of the state.
"Vehicle"
means every apparatus or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting boxes, trays or receptacles carried by hand and also excepting any apparatus or device used exclusively upon stationary rails or tracks; provided, however, for the purposes of this chapter, a bicycle shall be deemed a vehicle.
"Warehousing"
means the consolidation or storage of any goods, wares or merchandise for the purpose of eventually moving such goods, wares or merchandise in carload lots or less; and where no processing, fabricating or manufacturing not directly related to warehousing, storage or shipping functions shall be allowed; nor shall any business be allowed to be conducted therefrom.
"Wholesale manufacturing"
means the manufacturing, processing, or fabricating of any product, commodity, machine, instrument, tool or other thing and selling any such product at wholesale or to jobbers only.
"Wholesale selling"
means the selling of goods, wares or merchandise at wholesale for the purpose of resale in the regular course of business.
(Prior code § 6-1.101; Measure A §§ 1, 2, 2001; Ord. 1644 § 1, 2003; Ord. 1726 § 3, 2011)
When any person by any means, including, without limitation, the use of signs, circulars, cards, telephone directories, trade publications, newspapers, advertisements, represents that he/she is in a business in the city, or when any person holds an active license or permit issued by a governmental agency which license reflects that he/she is in business in the city, such person shall be deemed to be conducting a business in the city.
(Measure A § 3, 2001)
The license collector is charged with the duty of carrying out the provisions of this chapter and the enforcement thereof.
When any provisions of this chapter require a special permit from the chief of police to be first obtained, the license collector shall not issue any such license unless the chief of police shall have first issued a statement in writing that he has granted the permit specified by the provisions of this chapter.
(Prior code § 6-1.102; Ord. 1726 § 4, 2011)
In order to provide for the efficient and equitable administration of this chapter and to afford a means whereby disputes, contests, uncertainties and ambiguities arising under this chapter may be correctly and fairly resolved, the license collector, in addition to all other powers conferred upon him under this chapter, shall have the power:
A. 
For good cause shown, to extend the time for the filing of any statement required under this chapter for a period of not to exceed sixty days and in such case to waive any penalty that may have accrued on the license fee involved in such case; and
B. 
(Repealed).
(Prior code § 6-1.103; Ord. 1618 § 3, 2001)
A. 
Business License. It is unlawful for any person to commence or conduct, or purport to commence or conduct, in the city any business specified, named, designated or referred to in this chapter without first having procured a license from the city so to do, as provided in this chapter, or without complying with the requirements or provisions of this chapter or other laws of the city now existing or which may hereafter be adopted by the council, which laws refer or relate to such business. The commencing or conducting of any such business without having procured such license or without having complied with any and all such requirements or provisions shall constitute a separate violation of this chapter for each and every day such business is so commenced or conducted.
B. 
Certificate of Occupancy. It is further unlawful for any person to commence any business within a building without first having obtained a certificate of occupancy from the building official. Prior to issuing a certificate of occupancy, an inspection shall be conducted by the building division of the community development department. In order to obtain a certificate of occupancy, every business must be inspected and all inspection fees required by this title must be paid.
C. 
State Licensees – Taxes. Notwithstanding any provisions of this chapter, no person holding a license issued by the state to carry on any trade, calling, business, profession or occupation shall be required to perform any act as a condition of the issuance of a license by the city under this chapter except the payment of the city license tax.
D. 
Fees Collected for Revenue Only. All license fees collected pursuant to the provisions of this chapter are expressly for revenue only.
(Prior code § 6-1.104; Ord. 1530 § 1, 1998)
The respective amounts or rates of license fees to be paid to the city by persons commencing or conducting any business subject to a license under this chapter shall be as designated in Chapter 5.08 of this code and such respective amounts or rates of license fees to be paid are respectively designated, fixed and established for the respective businesses to which the same respectively relate.
It is declared to be the intention and purpose of the council in this chapter to require a license from, and the payment of a license fee by, each and every person commencing or conducting any business within the city unless such business shall be expressly exempted from such requirements by the provisions of this chapter or by law.
(Prior code § 6-1.105)
The amount of any license fee imposed by this chapter, and of any penalty thereon, shall be deemed a debt to the city. Any person commencing or conducting any business without having a license so to do shall be liable to an action by the city in any court of competent jurisdiction for the amount of the license fee imposed by this chapter on such business.
(Prior code § 6-1.106)
It shall be the duty of the license collector to prepare and issue the licenses for every person liable to pay a license fee. Each such license shall be issued upon such form as the council may from time to time provide for such purposes. When the required license fee has been paid and all other provisions of this chapter have been complied with, the license collector shall deliver the original license to the licensee named in such license and shall retain at least one copy of such license on file in his office. Each such license shall show the amount of the fee therefor, the period of time covered thereby, the name of the person to whom issued, the business licensed, and the location or place where such business is to be commenced or conducted.
(Prior code § 6-1.108)
No error or mistake on the part of the person issuing the license or otherwise in the determination or statement of the amount of any license fee shall prevent or prejudice the collection by or for the city of the amount actually due from anyone commencing or conducting any business subject to a license.
(Prior code § 6-1.109)
No license issued shall be transferable; provided, however, when a license is issued authorizing a person to conduct a business at a particular location, such licensee may, upon application therefor and paying a fee of one dollar, have the license previously issued amended so as to authorize the conduct of such business from such other location, other than a branch establishment, and except as otherwise provided in this chapter.
(Prior code § 6-1.110)
A. 
Except as otherwise provided in this Title, a separate license shall be obtained and a separate fee paid for each branch establishment or separate place of business, and for each separate type of business activity which shares a common location, even when conducted under the same ownership.
B. 
Each license shall authorize the licensee named therein to commence and conduct only that business described in such license and only at the location or place of business which is indicated therein.
C. 
Any person who operates a separately owned department or concession in a department store or a building, structure or enclosure in which separate department or concessions are operated shall pay a license fee in accordance with the provisions of this Title for the department or concession so operated by the licensee.
D. 
Any two or more persons are prohibited from jointly taking out one business license to cover a combination of businesses separately owned.
E. 
For the purposes of this section, a branch establishment or separate place of business is defined to be a different and separate location, or a separate department in any one location, or in the case of vehicles, a different and separate vehicle from that mentioned in any other license held by the same licensee, in or from which the solicitation for the sale of any goods, wares, merchandise or service is or may be consummated at the same time.
(Prior code § 6-1.111; Ord. 1601 § 1, 2000)
The license collector shall on each business day deposit with the city treasurer the full amount of all license fees, if any, collected during the last preceding business day, taking a receipt therefor. The license collector shall, on or before the second regular meeting of the council in each calendar month, report to the council in writing the amount of license fees and penalties collected or received pursuant to the provisions of this chapter during the preceding calendar month.
(Prior code § 6-1.112)
A. 
Due Dates. The license fees provided for in this chapter shall be due and payable in advance as follows:
1. 
Daily licenses, on each day in advance;
2. 
All license fees shall be due and payable on the first day of January of each year.
B. 
Proration. In cases where a portion of the annual license period has elapsed prior to an application for a license, the amount of the fee payable shall be apportioned as follows:
1. 
If an application is made in the first one-half of the calendar year, the entire annual license fee shall be paid; and
2. 
If an application is made in the second half of the calendar year, one-half of the annual fee shall be paid.
C. 
Penalties for Delinquencies.
1. 
Daily License Fees. If such daily license fee provided for in this chapter is unpaid at the end of the day when due and remains unpaid for a period of three business days after the same becomes due and payable pursuant to the provisions of this chapter, a penalty of ten percent shall be added to the same and collected by the license collector. In computing such three day period, the day upon which such license fee becomes due and payable shall be included in the computation, and for every three days' delinquency thereafter, an additional penalty of ten percent on the original license fee due shall be added in the same manner; provided, however, when such penalty on any daily license amounts to fifty percent of the license fee therefor, no further penalty shall accrue on such license fee.
2. 
Annual License Fees. If such annual license fee paid under the gross revenue schedules provided for in Chapter 5.08 of this code is unpaid at the end of the day when due and remains unpaid at the end of the second calendar month after the same becomes due and payable under the provisions of this chapter, a penalty of ten percent shall be added to the same and collected by the license collector. All other annual license fees provided for in this chapter paid on a fixed fee basis shall become due and payable on the date of expiration of the license, and, if remaining unpaid at the end of the calendar month after the same becomes due and payable, the penalty provisions of this section shall apply. For each calendar month of delinquency thereafter, an additional penalty of ten percent on the original license fee due shall be added in the same manner as provided in subsection (C)(1) of this section; provided, however, when such penalty on any annual license amounts to fifty percent of the license fee therefor, no further penalty shall accrue on such license fee.
3. 
New Businesses. In the case of a newly established business for which a daily license fee is prescribed, no fee penalty shall be imposed if the fee shall be paid within three business days after the commencement of the operation; otherwise fee penalties shall be imposed in the same manner as provided for in subsection (C)(1) of this section. In the case of a newly established business for which an annual license fee is prescribed, no fee penalty shall be imposed if the fee shall be paid within thirty days after the commencement of operation; otherwise fee penalties shall be imposed in the same manner as provided for in subsection (C)(2) of this section.
4. 
Fee Penalties in Addition to Other Penalties. The fee penalties provided for in this subsection shall be in addition to all other fines and/or penalties which may otherwise be levied or assessed under the provisions of this code. Each and every day, or fractional part of a day, such business, trade, calling, profession or occupation is conducted or carried on without such license shall constitute a separate violation of the provisions of this code. No license for any ensuing current or unexpired license period shall knowingly be issued to any person who, at the time of making an application therefor, is indebted to the city for any unpaid license fees.
D. 
State Licensed Contractors. Whenever the issuance of a license to a builder or contractor is made dependent upon the possession and/or exhibition of a valid and then current contractor's license from the state, the license collector, his assistants and/or deputies shall nevertheless have the right to issue to any applicant for such contractor's license the license applied for upon payment of the required license fee and upon production by such applicant of evidence satisfactory to the person issuing the license that the necessary state license has actually been bona fidely applied for; provided, however, such city license so issued under such circumstances shall be valid only for a period of thirty days after the issuance thereof unless within such period of thirty days such licensee shall have obtained and exhibited to the license collector, his assistants, or his authorized deputies, the state license so applied for, the application for which was made the basis of the issuance of the license pursuant to the provisions of this chapter. The failure to obtain and exhibit such state license shall not entitle any person to a refund on any license fee paid pursuant to the provisions of this chapter.
(Prior code § 6-1.113)
No greater or lesser amount of money shall be charged or received for any license than is specified therefor in this chapter. No license shall be granted or issued for any period of time other than the full then current license period provided for such license except in the cases and under the circumstances otherwise authorized by the provisions of this chapter.
(Prior code § 6-1.114)
Notwithstanding any of the other provisions of this chapter, in those cases where an application is made for a license for a business which, from its general nature or the materials, goods, wares, merchandise or commodities handled or to be handled, constitutes, in the opinion of the license collector, a potential fire hazard or public safety hazard, the license collector may refuse to issue a license for such business until there shall have been filed with him, in writing, from the chief of police, building official, and fire chief statements approving the location indicated therefor. The applicant shall have the right of appeal to the council from any refusal of the license collector to issue any such license under the provisions of this section.
(Prior code § 6-1.115)
A. 
Application of Section. No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on in any location within the city, a business or occupation for which a permit is required, without first having obtained the required permit in addition to the businesses license. No business license shall be issued for any business for which a permit is required pursuant to this title until the permit is obtained. The procedures set forth in subsections B through L of this section shall apply to any business or occupation for which permit approval by the community development director or the city council is required under this title, unless a more specific permit application procedure applies.
B. 
Filing of Application/Fee. The owner of the proposed business shall file a permit application with the community development department which shall be accompanied by a nonrefundable filing fee in an amount set by resolution of the city council. The application shall be dated and signed under penalty of perjury.
C. 
Application Information – General. The permit application shall set forth the following information:
1. 
The full name of the applicant and a complete statement regarding any and all true and fictitious names used by the applicant within the five years immediately preceding the application;
2. 
The residence address, business address, and residence and business telephone numbers of the applicant;
3. 
The name, location and type of the business for which the permit is sought and the present use of such location. If the business is a corporation, the name shall be exactly as shown on the articles of incorporation. If the business is a partnership or corporation, an officer or general partner shall be designated to act as its responsible managing officer;
4. 
The applicant's proposed method of operation; and
5. 
The history of the applicant as to the operation of any similar business or occupation within five years immediately preceding the filing of the application, including, but not limited to, the name and address of such business, whether a permit or license was issued for such business, whether such permit or license was revoked, and if applicable, the reasons therefor.
D. 
Application Information – Background Check. Where a background check is required, the application shall also include information set forth below. If the owner is a general business, each owner shall apply; if the owner is a corporation, each stockholder holding more than ten percent of the corporation and each officer and director of the corporation shall apply; and if the owner is a partnership, each partner, excluding limited partners, shall apply.
1. 
The applicant's height, weight, color of eyes and hair, date of birth and place of birth;
2. 
Fingerprints, thumbprints and photographs of the applicant, to be taken by the Gardena police department;
3. 
Whether the applicant has been convicted of any crimes within the five years preceding the date of the application; and
4. 
Such other reasonable identification and information as the city may require.
E. 
Investigation. Upon receipt of a completed application and filing fee, the community development director shall cause an investigation of the proposed business to be conducted by the appropriate departments, and unless specified otherwise, shall cause a state and local background check to be performed as well. Each affected department may make recommendations as to conditions which should be placed upon the business. If a background check is required and a response has not been received by the California Department of Justice prior to the time in which the permit is ready to be issued, a temporary permit may be issued. If the response from the Department of Justice shows a ground for denial, the permit shall be automatically revoked upon written notice of the Director.
F. 
Permits – Issuance/Denial by Community Development Director.
1. 
Where the code specifies that the community development director shall issue the permit, the director shall either issue the permit, conditionally issue the permit or deny the permit based upon the responses from the affected departments.
2. 
Reasons for denying a permit shall include, but not be limited to:
a. 
The applicant has not complied with the provisions of Title 5 of this code, or any other law of the city pertaining to the operation of the business;
b. 
The applicant has been convicted of any crime within the previous two years where the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the permit is sought;
c. 
The applicant has knowingly made one or more material misstatements or omissions in the application;
d. 
The business, as proposed, would not comply with all the applicable laws, including, but not limited to, all the city's building, fire, zoning, health and safety regulations; or
e. 
The business will be detrimental to the health, safety or general welfare of the public.
f. 
No permit shall be denied on the grounds of a lack of good moral character.
3. 
Notice of the director's decision shall be given to the applicant within thirty-five days of receipt of a completed application and shall state the reasons for the decision of a denial or a conditionally approved permit. The notice shall specify that the decision of the director is final absent a timely appeal to the city manager in accordance with subsection J. below.
G. 
Permits – Issuance/Denial by City Council.
1. 
When the code specifies that the city council shall issue a permit, the matter shall be scheduled for a hearing before the city council within thirty-five days of the filing of a completed application. The city council may continue the item from time to time.
2. 
The community development director shall make a written recommendation to the city council based upon the responses from staff.
3. 
The applicant shall be provided with notice of the time and place of the hearing at which the application will be considered, along with the written recommendation of the city staff and all relevant materials at least five calendar days prior to the hearing.
4. 
The city council may approve the permit, condition the permit if deemed appropriate, or deny the permit on the same grounds set forth in subsection F.2 above.
5. 
Notice of the city council's decision shall be given to the applicant within five working days of the decision and shall state the reasons for the decision of a denial or a conditionally approved permit. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within 90 days from the date of the decision in accordance with Code of Civil Procedure section 1094.6.
H. 
Renewal of Permits. Where a permit is required under the provisions of this section, such permit shall expire concurrently with the expiration of the license and shall be subject to annual renewal, unless otherwise noted. The renewal application shall be filed with the community development department and shall be accompanied by a filing fee in an amount set by resolution of the city council. Renewals shall be processed in the same manner as the original application. However, if there are no changes in operations and if there are no objections or changes in conditions submitted by the affected departments, the renewal application shall be approved by the community development director. If the original permit was granted by the city council, the city council shall be notified of the renewal application and any councilmember may request that the matter by acted upon by the city council. Additionally, if a background check was required for the original application, a new photograph shall be taken each year by the Gardena police department.
I. 
Revocation of Permits.
1. 
Grounds. The community development director shall revoke a permit issued pursuant to this section whenever the director discovers that any of the following has occurred regardless of whether the permit was issued by the director or the city council.
a. 
The permittee is conducting operations in a manner which is contrary to the provision of the Gardena Municipal Code or other applicable law;
b. 
The permittee is conducting operations in a manner which constitutes a public nuisance;
c. 
The permittee is conducting operations in a manner which is detrimental to the health, safety or welfare of the City or its inhabitants;
d. 
Any ground exists which would have constituted grounds for denial of the original application.
2. 
Notice. The community development director shall give notice to the permitted of the violation(s) involved and set forth a period of time for the correction of the violation(s) if correction is possible. If the director finds that the violation(s) continue without correction, or if correction is not possible, then the director shall issue a notice of revocation which shall contain a statement of the violation(s). The director shall serve the notice of revocation on the permitted, as well as any other interested person requesting a copy of the same. The notice shall specify that the decision is final and conclusive in the absence of a timely appeal taken in the time and manner set forth in subsection J. below. If the permit is being revoked due to an immediate danger to the public health and safety, the notice shall set forth the danger and provide that an appeal will not stay the revocation.
J. 
Appeals.
1. 
Permits Issued By Community Development Director – Any person who is aggrieved by a determination made by the community development director pursuant to the provisions of this chapter relating to permits in which the community development director has initial authority to act on the permit may, within ten consecutive calendar days from the date of the notice, file a written appeal with the city manager.
2. 
Permits Issued By City Council – Any person who is aggrieved by a determination of the community development director pursuant to the provisions of this chapter relating to permits in which the city council has initial authority to act on the permit may, within ten consecutive calendar days from the date of the notice, file a written appeal with the city clerk for a hearing before the city council.
3. 
The matter shall be set for hearing no more than thirty days from the receipt of the appeal. The appellant shall be provided with notice of the time and place of the hearing, as well as all relevant materials, at least five calendar days prior to the hearing. The hearing may be continued from time to time upon mutual consent.
4. 
At the time of the hearing, the appealing party, City staff and any other interested person may present such relevant evidence as they may have relating to the determination from which the appeal is taken.
5. 
Based upon the submission of such evidence, the review of the city's files and inspection of the business, if appropriate, the City Manager or the City Council shall issue a written notice and order upholding, modifying, or reversing the determination from which the appeal is taken and if appropriate, specifying the time period in which corrective actions must be taken. The notice shall be given within five working days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within 90 days from the date of the decision in accordance with Code of Civil Procedure section 1094.6.
6. 
A timely appeal shall stay the order from which the appeal is being taken, unless the notice provides that a permit has been revoked or other order made due to an immediate danger to the public health and safety.
7. 
Each appeal shall be accompanied by a fee in an amount set by resolution of the City Council.
K. 
Reapplication. No person shall apply for a permit which has been revoked or denied for a minimum of one year from the date that the denial or revocation is final.
L. 
Notice – Manner of Giving. Notices required pursuant to the provisions of this section shall be given by personal service, or by deposit in the United States mail, postage prepaid, addressed to the name and address of the owner as shown on the permit application.
M. 
Display of Permit. Any permit issued pursuant to this section shall be prominently displayed at the business.
N. 
Zoning Approvals. In addition to permits granted pursuant to this section, there may also be separate land use approvals which must be obtained pursuant to Title 18 of this Code. It is incumbent upon the applicant to determine whether any land use approvals are required.
(Prior code § 6-1.116; Ord. 1498 § 14, 1996; Ord. 1511 § 1, 1996; Ord. 1601 § 2, 2000; Ord. 1726 § 28 (part), 2011; Ord. 1738 § 63 (part), 2012; Ord. 1865 § 2, 2024)
Every person having a license issued pursuant to the provisions of this chapter and commencing or conducting the business mentioned in the license at a fixed place of business shall keep such license conspicuously posted and exhibited in such place of business while the license is in force. Every person having such a license and not having a fixed place of business shall carry or transport such license with him at all times while conducting such business.
(Prior code § 6-1.118)
Every person having a license issued pursuant to the provisions of this chapter shall exhibit such license to the license collector or his authorized deputy when applying for a renewal thereof and whenever requested to do so by any police officer of the city or by any officer authorized to issue, inspect or collect licenses.
(Prior code § 6-1.119)
The license collector may, on the receipt of an affidavit filed in the office of the license collector by or on behalf of any licensee, stating that any license issued pursuant to the provisions of this chapter has been lost or destroyed, issue a duplicate of such license to the licensee therein named. A charge in an amount set by resolution of the city council shall be made for each such duplicate license issued, which sum shall be paid into the city treasury to the credit of the General Fund.
(Prior code § 6-1.120; Ord. 1726 § 5, 2011)
A. 
No statement contained in an application shall be conclusive as to the matters set forth therein, nor shall the filing of an application preclude the director from collecting by appropriate action such license fee as is actually due and payable pursuant to the provisions of this chapter.
B. 
Applications and each of the items contained in an application shall be subject to audit and verification by the director who is hereby authorized to examine, audit and inspect such books and records of any licensee or applicant as may be necessary, in the director's judgment, to verify or ascertain the amount of business license fee due. A certificate executed and delivered to the city by a certified public accountant licensed by the state shall establish a rebuttable presumption that the gross receipts of such certificate holder are as stated in the certificate.
C. 
All persons subject to the provisions of this chapter shall keep complete records of business transactions, including sales, receipts, purchases and other expenditures, and shall retain all such records for examination by the director. Such records shall be maintained for a period of at least three years. No person required to keep records pursuant to the provisions of this section shall refuse to allow authorized representatives of the director to examine such records at reasonable times and places. At the director's request, copies of the records shall be provided to the director by mail.
D. 
Where an audit conducted pursuant to this chapter reflects an understatement of gross receipts by more than ten percent, the cost of such audit shall be paid to the city by the applicant or certificate holder.
(Measure A § 5, 2001)
A. 
Form and Content. In all cases where the amount of the license fee to be paid by any person is based upon the amount of gross annual revenue of the business and/or the receipts, sales or amount of business, trade, vocation, enterprise, calling, etc., the applicant for such license shall, before obtaining a license for such business, file with the license collector, for his guidance in ascertaining the amount of license fee to be paid or deposited for the license applied for, a written statement, under penalty of perjury, by such applicant in the following form:
I declare that this statement is made by me, that I am authorized to make such statement, and that to the best of may knowledge and belief it is a true, correct, and complete statement, made in good faith pursuant to the provisions of Section __________ (insert section number) of the Municipal Code of the City of Gardena, and under penalty of perjury, I accordingly so represent.
Signed:
Title:
Date:
Such statement or return shall show:
1. 
In the case of a new business, the date upon which such new business was or is to be commenced;
2. 
If the business was in operation for less than the whole of the preceding calendar year, the amount of the receipts, sales or business transacted during the portion of such preceding calendar year during which such business was in operation; or
3. 
If such business was in operation during all of the preceding calendar year, the amount of the receipts, sales or business transacted during such preceding calendar year.
B. 
Statements Inconclusive. No statement furnished pursuant to the provisions of subsection A of this section shall be conclusive upon the city, or upon any officer thereof, as to the matters therein set forth or otherwise, and the same shall not prejudice the right of the city to recover any amount that may be ascertained to be due from such person, in addition to the amount shown by such statement to be due, in the event such statement should be found to be incorrect.
C. 
Failure to Make Statement. If any person required to make any such statement shall fail to do so, such person shall be required to pay a license fee at the maximum rate prescribed for the business carried on by such person and shall be guilty of a violation of the provisions of this chapter.
D. 
Verification of Statements. The correctness of all such statements shall be subject to audit and verification by the license collector, or his properly authorized representative, who is authorized and empowered to inspect and audit the books, records and accounts of any and all persons licensed to commence or conduct any business. It is unlawful and a violation of the provisions of this chapter for any person to wilfully make any false representation in any statement required to be delivered or filed pursuant to the provisions of this chapter.
E. 
Statements Confidential. The statements filed pursuant to the provisions of this section shall be deemed confidential in character and shall not be subject to general public inspection.
F. 
License Collector to Keep Statements Confidential. It shall be the duty of the license collector to preserve and keep the statements so that the contents thereof may not become known except to the persons charged by law with the administration of the provisions of this chapter; provided, however, any and all such statements may be presented and used as evidence in any trial or proceeding relating to a violation of the provisions of this chapter.
(Prior code § 6-1.121)
It is unlawful for the director or any other person having an administrative duty under the provisions of this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a license, or pay a license fee, or any other person visited or examined in the discharge of official duty, or the amount of source of income, profits, losses, expenditures or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person. Nothing in this section shall be construed to prevent:
A. 
The disclosure to, or the examination of records and equipment by, another city official, employee, or agent for the purpose of administering or enforcing any provisions of the code, and this chapter;
B. 
The disclosure of information to, or the examination of records by, authorized federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists;
C. 
The disclosure to any person of information and results of examination of records of particular license holder authorized by court order or subpoena;
D. 
The disclosure of information to any person after the filing of a written request to that effect, by the license holder;
E. 
The disclosure of the names and addresses of persons to whom certificates have been issued, and the general type or nature of their business;
F. 
The disclosure of general statistics regarding license fees collected or business done in the city; and
G. 
The disclosure of any information required by law.
(Measure A § 6, 2001)
A. 
Refunds. Unless otherwise provided in this chapter, whenever the amount of any tax, interest or penalty has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the City, such amount may be refunded as provided in accordance with the procedures set forth in Chapter 3.24 of the Gardena Municipal Code with the added provision that any claim filed thereunder shall be under penalty of perjury.
B. 
Additional Fees. If it is found that an additional license fee amount is required for any licensee, the license collector shall bill the licensee for such amount, and such amount shall be paid within ten days after such billing.
(Prior code § 6-1.123; Ord. 1618 § 5, 2001)
A. 
Grounds. In addition to any other remedy or right in this chapter declared or reserved by the council, it is further provided that any license issued pursuant to this chapter may be cancelled by the community development director after fifteen days' notice to the holder of such license, or to any of his agents, servants or employees. The notice shall provide for a hearing before the community development director, at which hearing the holder shall have the right to offer evidence and have the services of counsel if necessary. When it satisfactorily appears to the community development director that such holder has violated any of the conditions of the license or has violated, or permitted to be violated, any law of the United States, or the state, or any law of the city on the premises where the business covered by such license is being conducted or in connection with such business, the license shall be cancelled.
B. 
Forfeiture of License Rights. Thereafter the person whose license has been so cancelled shall not be entitled to receive any business license of any character from the city except upon a permit fee from the city manager.
C. 
Notice. The notice provided for in this section shall contain in substance the nature of the charge against the holder of the license and a statement of the place and date of the hearing and may be served personally or left at the place of business of the holder. The notice shall include all relevant materials relating to the grounds for cancellation.
D. 
Appeal. The licensee shall have the right to a de novo hearing before the city manager by filing a written appeal with the city clerk within ten calendar days of the community development director's decision. The appeal shall be accompanied by a fee in an amount set by resolution of the city council. The appeal hearing shall be held not fewer than ten calendar days nor more than thirty calendar days from the date of the appeal. The decision of the city manager shall be final with no right of appeal to the city council.
E. 
The decisions of the community development director and city manager shall be in writing and shall set forth findings supporting the decision.
F. 
The cancellation of the business license shall not be effective until the time for appeal has lapsed and no appeal has been filed, or the date of the city manager's decision on appeal.
(Prior code § 6-1.125; Ord. 1726 § 6, 2011)
In the event of the cancellation for cause of any business license issued by the city, any license fee theretofore paid by the licensee for such license shall be forfeited to the city, and said licensee shall be entitled to no refund for any unexpired term of such license.
(Prior code § 6-1.126)
A. 
None of the license fees imposed by this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the state.
B. 
None of the license fees imposed by this chapter shall be applied to businesses operating both within and outside the city's jurisdiction as to not fairly reflect that proportion of the license activity actually carried on within the city.
C. 
In any case where a license fee is believed by a certificate holder or applicant for a business license certificate to place an undue burden upon interstate commerce or be violative of such constitutional clauses or to not fairly reflect the proportion of the license activity actually carried on within the city, he/she may apply to the director for an adjustment of the license fee. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall, by sworn statement and supporting testimony, show his/her method of business and the gross volume or estimated gross volume of business and such other information as the director deems necessary in order to determine the extent, if any, of such undue burden or violation. The director shall then conduct an investigation, and after having first obtained the written approval of the city attorney, shall fix as the license fee for the applicant, an amount that is reasonable and nondiscriminatory, or if the license fee has already been paid, shall order a refund of the amount over and above the license fee so fixed. In fixing the license fee to be charged, the director shall have the power to base the license fee upon a percentage of gross receipts or any other measure which will assure that the license fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license fee as prescribed by this chapter. Should the director determine the gross receipts measure of license fee to be the proper basis, the director may require the applicant to submit, either at the time of termination of applicant's business in the city, or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of license fee therefore. The burden of proof is upon the owner of the business claiming an exemption or adjustment pursuant to this section.
(Measure A § 4, 2001)
A. 
Application for Free License. Every honorably discharged soldier, sailor or marine of the United States who is unable to obtain his livelihood by manual labor shall have the right to hawk, peddle and vend any goods, wares or merchandise, except spirituous, malt, vinous, mixed or other intoxicating liquors, without payment of any license fees required whatsoever, and the business license collector shall issue to any such soldier, sailor or marine, without cost, a free license to do so provided such veteran:
1. 
Makes application for such free license in the form of a written affidavit showing the facts upon which the issuance of such free license depends, within the meaning of this chapter, and upon a form which shall be provided by the license collector;
2. 
Displays to the license collector, or his authorized representative, as proof of his right to such exemption, the following documents:
a. 
A certificate of honorable discharge or honorable release from any of the armed forces of the United States, or a certified or exemplified copy thereof, and
b. 
A certificate of total permanent disability issued by the United States, or a certified or exemplified copy thereof, or
c. 
A statement that the applicant is physically unable to earn his livelihood by manual labor, signed by any practicing physician or surgeon employed by the United States or the county, or by any physician or surgeon who is engaged in private practice in the city, such statement to be current and dated and signed in the year in which submitted. The requirement of a statement of physical disability may be waived by the license collector if it is obvious by looking at the disabled veteran that, in the opinion of the license collector, such veteran is physically unable to perform manual labor, or if he provides a certificate of total permanent disability issued by the United States, or a certified or exemplified copy thereof, as provided in subsection (A)(2)(b) of this section;
3. 
Is a registered voter of the state, and such disabled veteran shall furnish proof of such registration;
4. 
Signs his name for the purpose of comparison identification in the space provided therefor on the original free license and on the duplicate free license retained by the license collector; and
5. 
Delivers to the license collector at the time the application for license is made two copies of a photograph of himself taken within a period of not more than one year immediately preceding the making of such application. It shall be and is made the duty of the license collector to satisfy himself by proper examination and investigation that such photograph is a true likeness of the person who made the application and whose name appears in the discharge and in the physician's certificate. One such photograph shall be pasted in a space to be provided for that purpose upon the original free license form issued to such licensee, and the free license, with such photograph attached thereto, shall be carried on the person of such licensee at all times while the licensee is actually engaged in conducting the activity licensed thereby. The second photograph shall be pasted upon the duplicate copy of such free license form and shall be retained in the office of the license collector. Any license found without such photograph attached thereto shall be taken up and forfeited, and the person to whom such license was issued, and the holder thereof, shall forthwith surrender all rights thereunder.
B. 
Display of Identification. Such person shall identify himself by his signature whenever required so to do by any police officer, license inspector, license collector or other officer of the city. Should any such license be found in the possession of any person other than the person named therein, it shall be taken up, surrendered to the license collector, and canceled.
C. 
Term of Free License. All such free licenses shall be renewable quarterly of each calendar year, the first of such renewals under this subsection to be made on or before April 1, 1965, and quarterly thereafter, on or before July 1st, October 1st, January 1st and April 1st of each year. All such licenses now issued and valid which expire after April 1, 1965, shall become null and void as of said date unless renewed as provided herein. When applying each quarter for renewal of such license, the disabled veteran shall not be required to submit the certificates and/or statements of disability, nor his honorable discharge or honorable release; provided, however, at least once a year, prior to the end of each calendar year, the disabled veteran shall be required to submit to the license collector for review required proof of disability and the license collector may require submission of any or all of the following:
1. 
A certificate of honorable discharge or honorable release from any of the armed forces of the United States, or a certified or exemplified copy thereof;
2. 
A certificate of total disability issued by the United States, or a certified or exemplified copy thereof; and
3. 
A statement that the veteran is physically unable to earn his livelihood by manual labor, signed by any physician or surgeon employed by the United States or the county, or by any physician or surgeon who is engaged in private practice in the city. Such statement shall be current and shall be signed and dated in the year in which such statement is reviewed by the license collector.
D. 
Use of Free License by Licensees Only. No person except the person named in such free license or a municipal authority having custody thereof, shall use or have in his possession any free license issued under the provisions of this section.
E. 
Transfer of Free License. No person shall sell, purchase or transfer any such free license or transfer or convey the discharge or certificate mentioned in this section to any other person for the purpose of securing the free license provided for.
F. 
Free License Required to Vend. It is unlawful for any such veteran (unless licensed to do so under some other section of this chapter and for which a license fee has been paid as required by this chapter) to commence or conduct any such distribution, hawking, peddling or vending without having first procured a valid free license so to do. The license collector shall not issue any free license to any such veteran not actually hawking, peddling or vending his own goods, wares or merchandise or to any such veteran who actually, or by signs, advertising or any other means, directly or indirectly, represents another person who would otherwise be liable for payment of a license fee pursuant to this chapter. The license collector shall not issue any such free license to any veteran distributing, hawking, peddling or vending food products for human or animal consumption until such veteran has first obtained a health permit so to do from the health officer or his authorized representative.
G. 
Soliciting Charitable Contributions. A veteran's free license to hawk, peddle and vend goods, wares and merchandise shall not be deemed to authorize the licensee to solicit charitable contributions without the permission of the council.
H. 
Violations of Free License Privileges. Any police officer or other person charged with the duty of enforcing the license provisions of this chapter shall summarily take up the free license of any person holding such a license who is observed to violate any provision of this chapter or any law of the city applicable thereto. Any license so taken up shall be delivered to the license collector who shall mark it "Canceled," and no subsequent free license shall be issued to the same licensee unless by further order of the council.
(Prior code § 6-1.129; Ord. 1601 § 4, 2000)
Deleted.
(Prior code § 8-7.104; Ord. 1547 § 9, 1998; Ord. 1565 § 2, 1999; Ord. 1619 § 2, 2001; Ord. 1634 § 1, 2003; Ord. 1672 § 1, 2005; Ord. 1694 § 1, 2007)
A. 
Notwithstanding Section 5.04.275, in the case of periodic events which occur more than once a year but which do not take place on a regular daily basis, the sponsor of the event may obtain a license and any permit required by this title or Chapter 18.60 for all approved vendors included in the event and pay a fee for the business license based upon gross receipts pursuant to Section 5.08.510.
1. 
The procedure set forth in this subsection may only be used for events in which the sales from all individual vendors are handled by the sponsor of the event so that the sponsor may accurately account for the gross receipts upon which the fee(s) is based.
2. 
When the license or permit is issued to a sponsor in accordance with this subsection, all individual vendors shall be conclusively presumed to be exempt from the requirement of obtaining a separate business license or permit pursuant to the provisions of this title, for the purposes of the event.
3. 
If an individual vendor is exempt from the requirements pursuant to this title, the sponsor shall pay the fee based upon the gross receipts of those vendors who are not exempt. An individual vendor is not exempt from the provisions of this subsection, based on the fact that such vendor has a license or permit for a business elsewhere in the city.
B. 
Notwithstanding Section 5.04.275 above, in the case of annual events, the sponsor of the event may obtain a license or permit in accordance with this code for all approved vendors included in the event.
1. 
This method of certification may only be used for events which take place once a year, regardless of the number of days in the event.
2. 
When the license or permit is issued to a sponsor in accordance with this subsection, all individual vendors shall be conclusively presumed to be exempt from the requirement of obtaining a separate business license or permit pursuant to the provisions of this title for the purpose of conducting a business or activity at the event.
(Ord. 1510 § 1 (part), 1996; Ord. 1865 § 3, 2024)
A. 
Issuance. Whenever in the conduct of any business licensed pursuant to this chapter the use of a truck or vehicle is required, the licensee shall pay to the license collector before such license is issued the sum of two dollars for each truck or vehicle required and shall receive from the license collector a tag for each of such trucks or vehicles, which tag shall show such truck or vehicle is licensed to do business within the city. Such tag shall be affixed on the left rear end of the vehicle and shall remain upon the vehicle so as to be plainly visible until a new and different license is issued for the business to which the use of such vehicle is required.
B. 
Duplicate Tags. The license collector, on the receipt of an affidavit filed in the office of the license collector by or on behalf of any licensee stating that any such tag has been lost or destroyed, may issue a duplicate of such tag to the licensee therein named. A charge of two dollars shall be made for each such new tag issued, which sum shall be paid into the city treasury to the credit of the general fund.
(Prior code § 6-1.130)
It is unlawful for any truck, wagon or vehicle licensed by the city to remain upon or permanently occupy or linger in one place upon the public streets, but such vehicles shall have only the right to travel along the streets in the usual method of doing business.
(Prior code § 6-1.131)
Where a certificate of occupancy is a necessary requirement and/or inspection from the police, fire or community development departments is a necessary requirement for the operation of a business, the licensee shall pay such initial and/or annual inspection fees in amounts established by resolution of the city council in addition to the business license fee. The owner and/or operator of such business shall arrange a mutually satisfactory time with the respective departments for the inspections by such departments to be made.
(Prior code § 6-1.132; Ord. 1502 §§ 1, 3, 1996; Ord. 1530 § 2, 1998)
All police officers of the city are appointed inspectors of licenses and shall be diligent to cause complaints to be filed against all persons violating any of the provisions of this chapter.
(Prior code § 6-1.133)
Representatives of the city shall have the power to enter free of charge, at any time, any place of business or any place where any business for which a license as required by this chapter is being commenced or conducted, for purposes of determining compliance with the Gardena Municipal Code as well as other applicable laws and regulations.
(Prior code § 6-1.134; Ord. 1533 § 2, 1998)
The conviction and punishment of any person for commencing or conducting any business without a license pursuant to the provisions of this chapter shall not excuse or exempt such person from the payment of any license fee due or unpaid hereunder at the time of such conviction, and nothing contained in this chapter shall prevent a criminal prosecution for any violation of any of the provisions of this chapter.
(Prior code § 6-1.135)
The license inspector, or his designee, shall have the power to seal the coin insertion slots of any device which violates the provisions of this code. Such devices shall include, but not be limited to, amusement devices, vending machines, amusement rides and sound or music devices. The unauthorized removal of any seal shall be a violation of this section.
(Prior code § 6-1.136)