Agoura Hills Municipal Code Ch. 8 Business Licensing

Footnotes:

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Editor's note— Ord. No. 13-401, § 3, adopted May 8, 2013, amended Ch. 8 in its entirety to read as set out herein. Former Ch. 8, §§ 6800—6834, pertained to business registration permits and derived from Ord. No. 118, adopted Dec. 9, 1986; Ord. No. 237, § 1, adopted July 28, 1993; Ord. No. 10-379, §§ 2—10, 12—32, adopted Oct. 27, 2010.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means a person who has applied for, but not obtained, a business license or renewal required by this chapter.

Application means a written request made to the city by the applicant for a business license or renewal required by this chapter.

Appeal officer means the city manager, or his or her designee, for the purpose of reviewing business license application-related appeals.

Business means the conduct of any occupation, profession, trade, vocation, commercial enterprise, or other activity conducted or engaged in for gain, profit, or livelihood, whether or not the same has a fixed place of business in the city.

Branch establishment means a location where a business is conducted in addition to its main or fixed place of business.

Business license means a license issued pursuant to this chapter by which each business owner having a business, or is doing business in the city, is required to provide general information to the city and obtains a license prior to conducting business in the city.

City means the City of Agoura Hills.

Director means the director of planning and community development.

Home-based business means a business conducted within a residential dwelling unit or structure, employing occupants of the dwelling unit, with the business activity being subordinate to the residential use of the property.

Person means and includes any business owner, individual, firm, co-partnership, joint venture, association, corporation, estate, business trust, or any other group or combination acting as a unit.

Premises means all lands, structures, places and also the personal property, equipment and appurtenances connected with or used in any business.

(Ord. No. 13-401, § 3, 5-8-2013; Ord. No. 14-410, § 2, 8-27-2014)

The purpose of this chapter is to establish a regulatory mechanism whereby the city may review the management and ownership of specific types of businesses, maintain an accurate record of businesses conducting business in the city for statistical purposes and to assist in zoning compliance. The business license program is not designed to raise revenue, nor is it a substitute for land use regulations.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Business license required.

(1) No person shall conduct any business in the city without first having obtained a business license, paid the applicable business license fee and complied with any and all applicable provisions of this Code.

(2) A separate business license shall be obtained for each business location and for each separate type of business at the same location.

(3) A home-based business shall be required to obtain a business license prior to conducting business within a residential dwelling unit or on residential property.

(b) [Exemption.] If state or federal law exempts a business from obtaining a business license, said business shall provide satisfactory proof that the business is exempt from the city's business license requirement.

(c) Fee required.

(1) Every person engaging in business in the city shall pay a business license fee as prescribed by resolution adopted by the city council.

(2) When a business license fee is imposed upon any business pursuant to this chapter and such business is conducted at one (1) or more fixed places of business and one (1) or more branch establishments, the fee shall be computed as if each fixed place of business and branch establishment is separate and independent.

(3) The business license fee is not a revenue-raising device, but shall bear a reasonable relationship to the costs incurred by the city in reviewing, processing and acting upon the application.

(d) Fee exemption.

(1) Businesses that are exempt from paying fees under the United States Constitution, the California Constitution, or under the laws of the State of California, are required to obtain a business license but shall be exempt from paying the business license fee.

(2) Any person claiming an exemption pursuant to this section shall file a verified statement, from the franchise tax board, stating the facts upon which the exemption is claimed.

(e) Evidence of doing business. When a person by use of signs, circulars, cards, telephone book, or newspapers, or other form of advertisements, holds out, or represents that such person is conducting business in the city, or when a person holds an active license or permit issued by a government agency indicating that such person is in business in the city, then these facts shall be considered prima facie evidence that such person is conducting a business in the city for purposes of this chapter.

(Ord. No. 13-401, § 3, 5-8-2013; Ord. No. 14-410, § 3, 8-27-2014)

(a) Applications for a business license shall be filed with the city and shall comply with the following requirements:

(1) Completion of an application on the form designated by the city and signed by the applicant under penalty of perjury;

(2) Applications for new business licenses and business license renewals shall be filed a minimum of thirty days prior to the date requested for issuance of the permit;

(3) Payment of the applicable filing fee; and

(4) Such other information as may be required by the city.

(b) Business license guidelines. The city shall formulate and publish "The City of Agoura Hills Business License Guidelines." The director shall have the authority to change, update, and revise the guidelines as necessary in order to implement the provisions of this chapter.

(c) Other agency review. A business license application may be reviewed by any city department or any governmental agency to determine if the business operations and premises to be occupied meet the requirements of federal, state, or local laws. The director may also refer to any governmental agency any information submitted by persons subject to the provisions of this chapter in connection with the conduct of a business regulated, or supervised, or otherwise the concern of any such agency, including agencies concerned with health regulations, zoning conformance, fire safety, police considerations or any other safeguard of the public interest. Failure to comply with conditions required by other agency review shall result in revocation of the certificate once granted.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) [Renewal.] Except as otherwise provided in this chapter, when an applicant submits a timely business license renewal application and pays the renewal processing fee as set by resolution of the city council, the city shall renew the license, to be effective upon the expiration of the old license. In the case of a business activity having a fixed location, application for a license for a different location is not a renewal and shall be deemed a new license application.

(b) Renewal application deadlines. Every person desiring to continue in business after the expiration of the license period shall file a renewal application and pay the required renewal fee prior to the expiration of the license period.

(c) Late applications. Renewal applications submitted after the application deadline are subject to the delinquent business license fees set forth in section 6805. Late renewal applications shall not be processed until the applicant has paid all required fees.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Delinquent fees. Any person who fails to apply for and receive a business license prior to the start of business, or has not applied for the renewal of an existing business license prior to expiration of the business license, shall pay the applicable fee, plus a penalty fee not to exceed twenty-five dollars ($25.00). Should legal action be required to collect any delinquent fee, an additional amount shall be charged equal to the cost incurred by the city in collection of the fee, including reasonable attorneys' fees.

(b) Applications for a business license or for a renewal that are not accompanied by the required business license fee or any applicable delinquency fees will not be processed until such fees have been paid in full.

(c) Delinquent business license fees are subject to the penalty provisions established by article I, chapter 2, of this Code.

(Ord. No. 13-401, § 3, 5-8-2013)

The operative date for a new business license shall be one (1) year from the date of issuance.

(Ord. No. 13-401, § 3, 5-8-2013)

No business license fees or delinquent fees collected shall be refundable.

(Ord. No. 13-401, § 3, 5-8-2013)

Upon filing a statement indicating that a business license has been lost or destroyed, a duplicate business license shall be issued by the city.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Transfers of ownership. A new business license is required whenever there is a transfer in ownership of a business. The following transactions, including, but not limited to, shall be considered transfers:

(1) The addition or withdrawal of a new partner or partners;

(2) The transfer of a business from one partnership to another;

(3) The transfer of a business from a partnership to a corporation;

(4) The transfer of a business from one corporation to another;

(5) The transfer of a business from a corporation to a partnership;

(6) The transfer of a business from a corporation to an individual, vice versa, unless the corporation and the individual are the same person;

(7) The transfer of a business from a partnership to an individual, or vice versa;

(8) The transfer of a majority share of stock in a corporation from one shareholder to another.

(b) Change of name. A new business license is required whenever there is a change of name of a business. If there is no transfer of ownership or change in the nature or scope of business or in the business location and if the licensee operating under the previous name had a valid business license at the time of the change of name, the new license shall be issued upon filing of a complete application and payment of all required fees.

(c) Change of location. A new business license is required whenever there is a change in location of a business.

(d) Change in business. A new business license is required whenever there is a change in the nature or scope of the business.

(Ord. No. 13-401, § 3, 5-8-2013)

The assignment of or attempt to assign any license issued pursuant to this chapter is unlawful and any such assignment or attempt to assign a license shall render the license null and void.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Any person engaging in business at a fixed location or branch establishment in the city shall keep a business license posted in a conspicuous place upon the premises where the business is transacted.

(b) Any person engaging in business, but not operating at a fixed location or branch establishment in the city, shall be in possession of a business license at all times while engaged in such business in the city.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Authority to enforce. The director, or his or her designee, shall have the authority to enforce each of the provisions of this chapter. The Los Angeles County Sheriff's Department and other city departments shall render assistance in the enforcement of this chapter as may be necessary. The city attorney or city prosecutor is authorized to file a complaint against any persons found violating the provisions of this chapter.

(b) Entry to inspect business license. The city, county sheriff, county fire inspector, and other city officers empowered to enforce the provision of this chapter, shall have the power and authority to enter into a business, free of charge and at any reasonable time, to see the business license posted in a conspicuous place upon the premises.

(Ord. No. 13-401, § 3, 5-8-2013)

Any person violating this chapter shall be guilty of a misdemeanor as provided in chapter 2 of article I of this Code. The commencing or conducting of any such business without having first procured such license, or without having complied with any and all such requirements or provisions, shall constitute a separate violation of this Code for each and every day that such business is so commenced or conducted. It is a violation of this chapter to knowingly make a false statement in any application for a license or permit or in any report required under this chapter.

(Ord. No. 13-401, § 3, 5-8-2013)

The city shall withhold a business license from any person when there are pending violations of this Code against such person and/or business applying for a business license, or when a debt is owed to the city as a result of a violation of this Code.

(Ord. No. 13-401, § 3, 5-8-2013)

All remedies prescribed in this chapter shall be cumulative and the use of one (1) or more remedies by the city shall not prohibit the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Category B businesses—no criminal background check required. Upon receipt of an application for one (1) of the following businesses, the director, or his or her designee, shall coordinate with several governmental entities to ensure compliance with all applicable state and county codes as deemed necessary by the director, and may obtain reports from the building and safety department, fire department, county animal control, county environmental health department, county health department, and any other agencies he or she deems necessary to determine if the criteria for issuance of a business license have been met:

(1) Ambulance operator;

(2) Ambulance vehicle;

(3) Ambulance driver;

(4) Apartment houses with sixteen (16) or more units;

(5) Auto body and fender;

(6) Auto paint shop;

(7) Boarding house;

(8) Carnival game booth;

(9) Circus/travel show;

(10) Coin game;

(11) Cold storage warehouse;

(12) Farmer's market;

(13) Filling stations;

(14) Food establishment (food sales as an accessory use);

(15) Hay, grain and feed;

(16) Hotel with sixteen (16) or more rooms;

(17) Launderette/laundromat;

(18) Livery stable;

(19) Lumberyard;

(20) Motor vehicle rental;

(21) Plant nursery;

(22) Public eating (eateries/restaurants where food is prepared);

(23) Taxi cab vehicles (as defined in sections 7601—7618 of this Code);

(24) Tow truck.

(b) Category C businesses—criminal background check required. Upon receipt of an application for one (1) of the following businesses, the director or his or her designee shall:

(1) Coordinate with several governmental entities to ensure compliance with all applicable state and county codes as deemed necessary by the director, and may obtain reports from the building and safety department, fire department, county animal control, county environmental health department, county health department, and any other agencies he or she deems necessary to determine if the criteria for issuance of a business license have been met; and

(2) Conduct an investigation and criminal background check on the applicant(s):

a. Acupressure and acupressure technicians;

b. Adult businesses (as defined in subsection 9120.1.A.G. of this Code);

c. Billiard room;

d. Bookstore;

e. Carnival;

f. Dance;

g. Entertainment;

h. Exhibition;

i. Game arcade;

j. Gun dealer;

k. Health gym/spa;

l. Locksmith;

m. Massage establishment owner (owns five (5) percent or more of the business and not certified under state massage therapy laws);

n. Model studio;

o. Motor vehicle repair;

p. Outdoor festival;

q. Pawnbrokers and secondhand dealers;

r. Peddling;

s. Psychic reading;

t. School, private;

u. Taxicab driver (as defined in sections 7601—7618 of this Code);

v. Taxicab operator (as defined in sections 7601—7618 of this Code);

w. Theatre;

x. Door-to-door sales.

(Ord. No. 13-401, § 3, 5-8-2013; Ord. No. 14-407, § 3, 5-14-2014; Ord. No. 14-410, § 4, 8-27-2014)

(a) Category C businesses—criminal background check required. Upon receipt of an application for one (1) of the following businesses, the director, or his or her designee, shall:

(1) Coordinate with several governmental entities to ensure compliance with all applicable state and county codes as deemed necessary by the director, and may obtain reports from the building and safety department, fire department, county animal control, county environmental health department, county health department, and any other agencies he or she deems necessary to determine if the criteria for issuance of a business license have been met; and

(2) Conduct an investigation and criminal background check on the applicant(s):

a. Acupressure and acupressure technicians;

b. Adult businesses (as defined in subsection 9120.1.A.G. of this Code);

c. Billiard room;

d. Bookstore;

e. Carnival;

f. Dance;

g. Entertainment;

h. Exhibition (fee for entry);

i. Game arcade;

j. Gun dealer;

k. Health gym/spa;

l. Locksmith;

m. Massage establishment owner (owns five (5) percent or more of the business and not certified under state massage therapy laws);

n. Model studio;

o. Motor vehicle repair;

p. Outdoor festival;

q. Pawnbrokers and secondhand dealers;

r. Peddling—solicitation;

s. Psychic reading;

t. School private;

u. Taxi cab driver (as defined in sections 7601—7618 of this Code);

v. Taxi cab operator (as defined in sections 7601—7618 of this Code);

w. Theatre.

(Ord. No. 13-401, § 3, 5-8-2013; Ord. No. 14-407, § 4, 5-14-2014)

Business license applications for businesses listed in section 6816 shall be subject to the approval of the director, or his or her designee.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Every business license granted under this chapter is granted and accepted by all parties with the express understanding that the city council may revoke the business license if it is in the best interest of the health, welfare, or safety of the public to do so and grounds for such revocation exist as noted in this section.

(b) Except as otherwise provided in this chapter, a business license may be denied or revoked pursuant to this chapter only upon one (1) or more of the following grounds:

(1) The applicant has failed to complete the application for a business license or renewal, as prescribed in this chapter;

(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the city;

(3) The applicant is found to have committed a crime involving moral turpitude that is substantially related to the business activity for which the business license is being sought;

(4) The business or the activities or conduct of the business at the proposed fixed location is prohibited by any provision of this Code or any local, state or federal law, statute, rule or regulation;

(5) The business or the activities or conduct of the business has been or is in violation of any conditions of approval or restrictions imposed;

(6) The business is being operated in a manner determined to constitute an immediate threat or menace to the health or safety of the public. Failure to correct objectionable conditions constituting a public nuisance within a reasonable time after lawful notice from a governmental entity shall be prima facie proof thereof;

(7) The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or of the City of Agoura Hills;

(8) The prescribed fees for the business license or renewal have not been paid; or

(9) Delinquent business license fees or renewal fees have not been paid.

(Ord. No. 13-401, § 3, 5-8-2013)

If an applicant's business license application for a particular business activity has been denied, the city shall not process a new application by that applicant for that business activity for a twelve-month period after the date of the decision to deny unless the director determines that the reason for the denial has been cured and no longer exists.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Right to condition new license. The director, or his or her designee, may condition any new business license if he or she finds that the conditions relate to the anticipated impacts of the business and are reasonably necessary to mitigate those impacts.

(b) Application to change conditions. The city appeal officer may change, modify or eliminate any conditions previously placed on a license upon written request if said city appeal officer finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for hearing in a manner consistent with this chapter.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) Any person dissatisfied with a decision of the director to approve, deny or condition a business license application may appeal the decision to the city appeal officer by filing with the city clerk an appeal petition within fifteen (15) days of the date of mailing of the decision.

(b) An appeal petition shall be signed by the appellant or the legal representative of the appellant and shall state that the appellant appeals from a specified decision or a particular part thereof. Every appeal petition shall contain a statement of the facts upon which the appeal is based in sufficient detail to enable the city appeal officer to understand the nature of the controversy, the basis of the appeal, and the relief requested.

(c) If a timely appeal is filed, the effect of the decision shall be stayed pending the city appeal officer's resolution of the matter unless the director specifically finds that the public health and safety is endangered, in which case the decision shall take effect immediately.

(Ord. No. 13-401, § 3, 5-8-2013)

Upon receipt by the city clerk of a timely notice of appeal, a hearing shall be set in a manner consistent with section 6826.

(Ord. No. 13-401, § 3, 5-8-2013)

The city appeal officer shall conduct the appeal hearing de novo and shall hear and consider evidence, argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. The hearing shall be held as provided in section 6827.

(Ord. No. 13-401, § 3, 5-8-2013)

Any license issued by the city may be conditioned, modified, suspended or revoked for cause by the city appeal officer.

(Ord. No. 13-401, § 3, 5-8-2013)

Notice of the time and place of the appeal hearing shall be served at least ten (10) days prior to the hearing on the applicant.

(Ord. No. 13-401, § 3, 5-8-2013)

(a) The licensee or legal representative of the licensee shall have the right to bring witnesses to testify on his or her behalf.

(b) Hearings need not be conducted according to technical rules relating to evidence and witnesses.

(c) The city appeal officer shall issue its decision by written decision. The decision shall contain a determination of the issues presented.

(d) The decision of the city appeal officer shall be final.

(Ord. No. 13-401, § 3, 5-8-2013)