This Chapter shall be known as and may be cited as the Business License Ordinance.
(Added by Ord. No. 3390, effective 8-20-09)
The purpose of this Chapter is to ensure the health, safety, and welfare of the residents of the County in their transactions with entrepreneurs and to preserve and enhance the reputation and viability of business operations within the County.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The following words and phrases, as used in this Part, shall have the following meanings:
(a) "Applicant"
means the individual, partnership, association, or corporation that will operate and conduct a business for which a license is required pursuant to the provisions of this Part.
(b) "Association"
means every club, syndicate, joint venture, and every other group of individuals who are united together for some common purpose but are not organized as a partnership or a corporation.
(c) "Building"
means a building as defined in the California codes specified in Section 7-15-1000 of this Ordinance Code.
(d) "Business"
means the operation or carrying on of any profession, trade, or occupation, whether for profit or gratuitously, with or without a fixed place of business, for which a license is required by this Part.
(e) "Business premises"
means the office, building, location or place in which or from which a business is conducted or carried on, if the business uses a fixed place of business.
(h) "Investigating officer"
means any of the County officers, or their duly authorized representatives, who are designated in this Part as the persons who shall conduct an investigation of the applicant and/or the business premises.
(i) "License"
means the document entitling the person to engage in business in the unincorporated area of the County, which is issued by the license collector as required by this Part.
(j) "License collector"
means the County department or agency specified in Section 6-01-1040.
(k) "Licensee"
means the individual, partnership, association or corporation that operates and conducts a business for which a license has been issued pursuant to the provisions of this Part.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
To the extent that the provisions of this Part do not conflict with other applicable provisions outside of this Part, but within this Ordinance Code, both shall be controlling. If any matter covered within this Part conflicts with any provision(s) outside this Part, but within this Ordinance Code, the provision(s) outside of this Part shall be controlling.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
As required by Government Code section 27400, the Tax Collector shall be the license collector for the County. (As of the date of amendment of this ordinance, the office of Tax Collector was held as part of the combined office of Auditor-Controller/Treasurer-Tax Collector.)
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
It shall be unlawful for any person to maintain, conduct, operate or carry on, within the County and outside the limits of any incorporated city, any business for which a license is required by this Part, unless such person has a valid license for such business. No person required to obtain a business license shall establish a new or additional business location, change or expand the business use of any building, or participate in a change of business ownership without first obtaining a new license. Separate licenses must be obtained for each branch establishment or separate business location, or business activity without a fixed location, within the unincorporated area of the County.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
To procure a business license, written application shall be made to the license collector on the form provided therefor and accompanied by the appropriate application fee. At a minimum, each application shall contain the information and conform to the requirements set out in Article 2 of this Chapter, plus the additional information and requirements, if any, in the applicable Chapter for that type of business. Every application for a business license shall be verified by the oath of the applicant.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
Any person seeking to obtain a business license from the County must comply with all applicable legal requirements prior to the issuance of a business license. Every applicant shall obtain any required approval or clearance administered by the Resource Management Agency, the Health Officer, the Sheriff, the Fire Department, the Environmental Health Division of the Health and Human Services Agency, or any other investigating officer under this Part as to compliance with applicable land use, building safety, public safety, public health and sanitation and other regulations under their purview.
If at any time the licensee fails to comply with all legal requirements, the license may be revoked or suspended as provided in this Chapter. In addition or alternatively, the licensee and the owner of the property upon which the business is located or conducted may be subject to any other administrative or judicial penalties or remedies allowed by the Ordinance Code or by law.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3490, effective 2-25-16)
(a)
If the applicant satisfies the requirements of this Part and any other licensing requirements in this Ordinance Code, and if all of the investigating officers approve the business license application, the license collector shall collect the appropriate fee for the license and issue a business license to the applicant; otherwise the license collector shall refuse to issue the license.
(b)
Any license required under this Part shall be issued subject to any reasonable conditions that may be required by the investigating officers in order to ensure the protection of the public health, safety and morals, as well as compliance with applicable planning, building, and zoning requirements. The license collector shall set forth any such conditions upon the face of the license.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
A license is required under this Chapter for each separate location where business is to be conducted, or for each business not at a fixed location, or as provided in the specific Chapter for that type of business, and each such license shall contain the following information:
(a)
The nature of the licensed business.
(b)
The name and mailing address of the licensee.
(c)
The street address of the business premises, if any, or, if the street address has not yet been established, a legal description of the business premises, or, if the business will not have a fixed location, identification of the vehicle to be used.
(d)
The dates of issuance and expiration of the license.
(e)
The amount of the license fee.
(f)
Such additional information as may be deemed necessary by the license collector.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The term of any license issued pursuant to the provisions of this Part shall be from the 1st day of January of any year to and including the 31st day of December of the same year, unless otherwise provided in the Chapter regarding that type of business.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
Any person who holds a valid annual license issued under this Part may file an application for renewal by applying in writing to the license collector not sooner than sixty (60) days prior to, nor later than, the expiration date of the existing license. The application for renewal shall be in the form prescribed by the license collector, and the applicant shall sign a statement under penalty of perjury that the facts set forth in the original application have not changed, except such changes as are set forth in the renewal application.
Upon compliance with the provisions of this section and the provisions of the Chapter for that type of business, and upon payment of the prescribed license fee, the license collector shall issue a renewal license. If a renewal application is not filed prior to the expiration date of the existing license, the licensee shall file a new application under the provisions of this Part and pay the required application fees, and in addition shall pay a fee for allowing the license to lapse. The amount of the lapse fee shall be set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
It shall be unlawful for any person to violate any of the following requirements concerning business licenses:
(a)
The license shall be displayed at all times in a conspicuous place near the main entrance of the business premises.
(b)
A license issued for the use of a vehicle shall be carried at all times in the vehicle for which the license was issued.
(c)
If a license has been issued authorizing the licensee to conduct a business independent of a fixed location, the licensee shall carry the license upon his or her person at all times when conducting such business.
(d)
No person shall post, display, or carry any revoked, suspended, expired, or otherwise invalid license.
(e)
A business license shall be displayed to the license collector, any investigating officer, or any peace officer on demand.
(f)
Any business license that has been revoked or suspended shall be surrendered to the license collector, any investigating officer, or any peace officer immediately after a demand for such surrender has been made.
(Added by Ord. No. 3390, effective 8-20-09)
A duplicate license may be issued by the license collector to replace any license previously issued under the provisions of this Part which has been lost or destroyed. The licensee shall file a statement under penalty of perjury attesting to the loss or destruction, and shall pay a fee for processing the duplicate license. The amount of the fee shall be set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3490, effective 2-25-16)
(a)
If permitted by the Chapter regarding that type of business, a licensee may file with the license collector a supplemental application to conduct the business on different or additional business premises, or to include the use of a different or an additional vehicle in the operation of the business.
(b)
A supplemental application shall be in the form prescribed by the license collector, and the applicant shall sign a statement under penalty of perjury that the facts set forth in the original application have not changed, except such changes as are set forth in the supplemental application.
(c)
The license collector shall process a supplemental application and issue a license in accordance with the provisions of this Part governing the application for and issuance of an original license; provided, however, that an investigation of the moral character, integrity and fitness of any licensee may be waived in the discretion of the Sheriff, and provided that the fee may be set at different amounts than for an original license. The fee shall be set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
No license issued pursuant to the provisions of this Part shall be assignable or transferable, nor shall any license authorize any person other than the listed licensee to transact any business.
(Added by Ord. No. 3390, effective 8-20-09)
No provision of this Part, nor any of the procedures set forth herein, nor the acceptance of an application, nor the subsequent issuance of a license under the provisions of this Part, shall constitute a waiver of any of the requirements of any statutes or any provisions of this Ordinance Code or any other ordinance of the County which are now in effect or which may hereafter be enacted.
(Added by Ord. No. 3390, effective 8-20-09)
Obtaining a business license under this Part does not relieve an applicant or licensee from the duties, requirements or provisions of any other provision of law or this Ordinance Code. This includes, but is not limited to, applying for and receiving any other applicable license or permit required under this Ordinance Code.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)