Alameda Municipal Code § 5-3 Application; Form and Issuance

Every person required to have a license under the provisions of this chapter shall make application for the same to the City Bureau of Licenses, and upon the payment of the prescribed fee to the Bureau, the Bureau shall issue to the person a license which shall contain:

a. The name of the person to whom the license is issued;

b. The business licensed;

c. The place where such business is to be carried on;

d. The date of the expiration of such license; and

e. Such other information as the Bureau of Licenses shall determine.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

The Bureau of Licenses shall issue to each person to whom a license is issued an identification card for each employee that is engaged in peddling, soliciting or distributing for the licensee in the regular conduct of his business.

Such identification card shall be in such form as the Bureau of Licenses shall determine and shall be carried by each employee at all times while carrying on the business for which it was issued, who shall produce and exhibit the same on demand.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

Upon a person making application for the first license to be issued hereunder or for a newly established business, he shall furnish to the Bureau of Licenses, for its guidance in ascertaining the amount of license to be paid by the applicant, a written statement, upon a form provided by the Bureau of Licenses, setting forth such information as may be therein required and as may be necessary to properly determine the amount of license to be paid by the applicant.

If the amount of the license to be paid by the applicant is based upon the gross receipts of the business the applicant shall estimate the average receipts of the business for the period to be covered by the license to be issued. Such estimate, if accepted by the Bureau of License as reasonable, shall be used in determining the amount of license to be paid by the applicant; provided, however, the amount of the license so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the Bureau with a sworn statement, upon a form furnished by the Bureau, showing the gross receipts of such business, during the period of such license, and the license for such period shall be finally ascertained and paid in the manner provided by this chapter for the ascertaining and paying of renewal licenses for other businesses, after deducting from the payment to be due, the amount paid at the time such first license was issued.

The Bureau shall not issue to any such person another license for the same or any other business, until such person shall have furnished to it the written statement and paid the license fee as hereinabove required.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

In all cases, the applicant for the renewal of an expired license shall render to the Bureau of Licenses, for its guidance in ascertaining the amount of the license to be paid by the applicant, a written statement, upon a form to be provided by the Bureau of Licenses, sworn to before a person authorized to administer oaths, setting forth such information concerning the applicant's business during the preceding year as may be required by the Bureau to enable it to ascertain the amount of the license fee to be paid by the applicant pursuant to the provisions of this chapter; provided that such written statement rendered for the purpose of determining the amount of license due under subsection 5-4.1a, Advertising, Billboards of this chapter need not state the exact gross receipts of the applicant but shall state that the gross receipts of the applicant were between a certain maximum and minimum according to the schedule set forth in the section.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

No affidavit, statement or certificate required under any provision of this chapter shall be conclusive upon the City, or any department, bureau, officer or agent thereof, and whenever it shall appear to the satisfaction of the Bureau of Licenses, or any member or officer thereof, and it or he shall have reason to believe that such affidavit, statement or certificate does not set forth the true facts required by this chapter, the Bureau or officer may withhold the issuance of a license therefor until such time as the applicant shall furnish satisfactory evidence of the truth of such statement, affidavit or certificate.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

All applications for the issuance of a license for which a fee is to be paid are to be referred to the License Collector, and he shall have the power in the first instance to determine the merits of such applications, and to approve or reject same. If he finds that the applications should be approved he shall issue to the applicant a license. If he shall reject the license, the applicant shall have the power of appeal, first to the Bureau of Licenses and second to the City Council, as hereinafter provided.

(Ord. No. 834 N.S.)

If the Bureau or any officer or agent thereof shall have reason to believe that any statement, affidavit or certificate upon which any license has been issued does not set forth the true facts called for hereunder, and if within five (5) days after the demand has been made therefor the same is not furnished, or should it at any time appear to any officer or agent that by reason of error, misrepresentation, fraud or any other cause whatsoever, the license fee has not been properly fixed for any license issued, the matter shall be reported to the Bureau. The Bureau shall have power to issue an order to show cause, based upon five (5) days written notice to the licensee, at a time and place fixed in the notice, why the license should not be revoked, or why a fee, to be determined by the Bureau, and specified in the notice, should not be fixed for such license. The Bureau shall have the same powers upon the hearing as hereinafter provided for the hearing on appeals to it in the first instance, and its determination shall be subject to review upon application by the applicant to the City Council.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

No license or vehicle sticker granted or issued under any provisions of this chapter shall be in any manner transferred or assigned, or authorize any person other than the person named in the license to carry on the business therein named or to transact such business in any place other than the place or location therein named without the written consent of the Bureau of Licenses endorsed thereon. At the time such license is assigned or transferred or the place for the carrying on of such business is changed, the person applying for such transfer or charge shall pay to the Bureau of Licenses a fee for each assignment or transfer. The assignment or transfer fee shall be set by City Council resolution.

(Ord. No. 2655 N.S. 4: Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

Every person having a license under the provisions of this chapter and carrying on a business at a fixed place of business shall keep such license posted and exhibited while in force in some conspicuous part of the place of business.

Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on the business for which the same was granted, and shall exhibit such license whenever requested by an officer or employee of the Bureau of Licenses or any City Police officer.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

The Bureau of Licenses shall charge for each duplicate license or duplicate vehicle sticker issued to replace any license or vehicle sticker issued under the provisions of this chapter which has been lost or destroyed; the applicant shall make satisfactory proof of such loss. The fee for a lost license shall be set by City Council resolution.

(Ord. No. 2655 N.S. 4: Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

Notwithstanding subsection 5-3.4 herein to the contrary, neither the Bureau of Licenses or any other City official is required to send or give any notice or bill to any person subject to the provisions of this chapter, and failure to send such notice or bill shall not affect the validity of any license or penalty levied pursuant to the provisions of this chapter.

(Ord. No. 2655 N.S. 5)