Apple Valley Municipal Code Ch. 5.02 Business Licenses

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:

Unless otherwise in greater detail defined, the following are hereby defined:

(a) Business includes all trades, professions, vocations, occupations, callings, operations, rendering of service, conduct of affairs, trade or commerce, of whatever kind or nature, engaged for profit, directly or indirectly. Evidence of doing business includes maintaining, operating, managing, or being in control of any office, store, warehouse, establishment, location, station or place; having one or more telephones or electronic devices listed publicly for any business activity; distributing any business related announcement or offer; having business stationery, invoice, financial statements, business cards, and/or holding an active license or permit from another agency.

(b) Employees include any and all persons engaged in the operation or conduct of business activities for or on behalf of a business, whether as an owner, officer, director, agent, manager, partner, solicitor, or otherwise employed by or working for or on behalf of said business. In addition to owners, any person receiving an IRS form W-2 from the business will be considered an employee of the business. Persons working for the business who are not issued a W-2 by the business or by another business of which they are employed to do the same type of work, will be considered independent business entities and will be required to obtain their own Town of Apple Valley business license.

(c) License holder refers to any person, firm or corporation to whom a business license shall be issued hereunder.

(d) Year, annual refers to the fiscal year of the Town of Apple Valley.

(e) Collector includes the Town Manager of the Town of Apple Valley or any person or persons designated by the Town Manager to act in that capacity.

(f) Business location must be a street address. The business location shall be where the business is conducted, carried on, administered, and/or where the business phone is located, where incoming mail is processed, where records are kept, where the owner(s), employee(s), or independent worker(s) are located for the purpose of the operation.

(g) Solicitor means hawker, or other person who, without appointment, goes from house to house, place to place, or in or along the streets of the Town selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise, or anything of value excluding mobile food facilities (MFFs). Such definition shall not include any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 5.08 of Title 5 of this Municipal Code.

(h) Junk dealer means any person having a fixed place of business and conducting, managing or maintaining any place where secondhand and used machinery and scrap metals, including automobiles, tools, implements, or parts or portions thereof, are gathered together, stored, purchased or kept for shipment, sale or transfer.

(i) Salvage collector means a person not having a fixed place of business who goes from house to house or place to place gathering, collecting, buying, selling, or otherwise dealing in secondhand and used machinery and scrap metals including automobiles, tools, implements, or parts or portions thereof, or other articles commonly known as salvage.

(j) Pawnbroker means any person engaged in any one or more of the following businesses:

(1) Pawnbroking;

(2) Lending money for himself or any other person on personal property, pawns, or pledges in the possession of the lender;

(3) Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.

(k) Secondhand dealer means any person, co-partnership, firm or corporation whose principal business is that of engaging in buying, selling, trading, accepting for sale or consignment, accepting for auctioning, or auctioning secondhand personal property.

(l) Proprietor shall mean a person with ownership or managerial interest in the business. An ownership interest shall be deemed to exist when a person has 10% or greater interest in the stock, assets, or income of a business. A managerial interest shall be deemed to exist when a person can or does, have or share ultimate control over the day-to-day operations of the business.

(m) Tobacco paraphernalia shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.

(n) Tobacco product shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis or beedies, hookah tobacco or any other preparation of tobacco.

(o) Tobacco retailer shall mean any person or proprietor who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; tobacco retailing shall mean engaging in any of the above.

(p) Arm's length transaction shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is to avoid the effect of the violations of this Chapter is not an arm's length transaction.

(Ord. 270, 8-12-03; Ord. 408, 5-11-10; Ord. 444, 1-08-13; Ord. No. 537, § 2, 10-27-20)

This municipal license ordinance is enacted to raise revenue for the general operation of the Town by assessing a license fee on all businesses and business transactions or activities carried on within the Town. This enactment is not intended to regulate regular commerce in accordance with California State law prohibiting such regulation and is not intended for other regulatory purposes.

(a) There is hereby imposed upon any business conducted within the Town, a business license fee in the amount hereinafter prescribed. It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person, or for body corporate, or as an officer of any corporation to transact and carry on or to conduct any business within the Town without first having procured a license from the Town to do so, and paid the license fee therefor, or without complying with all applicable provisions of this Chapter.

(b) This Section shall not be construed to require any person to obtain a license prior to doing business within the Town if such requirement is in conflict with applicable statutes of the United States, the State of California or local ordinances.

(c) Persons not required to obtain a license prior to doing business within the Town because of conflict with applicable statutes of the United States or of the State shall be liable for payment of the fee imposed by this Chapter (unless such payment is barred by the effective application thereof) but shall not be subject to any penal provisions of this Code for such nonpayment. Said fee may be collected in a civil action.

(d) None of the license fees provided for in this Chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection or due process clauses of the Constitution of the United States or of the State of California. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, such person may apply to the collector for an adjustment of the fee. Such application may be made before, at the time of, or within six months after, payment of the prescribed license fee. The applicant or licensee shall, by sworn statement and supporting testimony, show his or her method of business, and such other information as the collector may deem necessary in order to determine the extent, if any, of undue burden or violation. The collector may then conduct an investigation, and fix as the license fee for the applicant or licensee an amount that is reasonable and nondiscriminatory. If the license fee has already been paid, the collector shall order a refund of the amount over and above the license fee so fixed. In fixing the license fee to be charged, the collector shall have the power to base the license fee upon any measure which will assure that the license fee assessed shall be uniform with that assessed upon businesses of like nature. Any adjusted fee fixed pursuant to this Section shall not exceed the license fee prescribed for similar business as to which no adjustment has been made pursuant to this Section. If any license fee imposed by this Chapter is for any reason held to be discriminatory or invalid in amount, by the decision of any court of competent jurisdiction, such decision shall not affect the validity of a lesser amount imposed by the collector; the Town Council hereby declares that it would have imposed a license fee on the business, occupation, calling, trade, vocation or other enterprise in question, irrespective of the fact that any one or more of the license fees imposed herein may be declared discriminatory or invalid in amount, if payment is otherwise permitted by law.

It is the duty of the collector to enforce the provisions of this Chapter and the Chief of Police shall give assistance as the necessity may arise.

(a) The provisions of this paragraph (a) shall not be construed to exempt the applicant from the application process. Business licenses permitting the operation of any business, occupation or activity by any institution, organization or person who falls under the following classification and is otherwise permitted to operate within the Town is exempt from a business license fee: where the business is conducted, managed or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly, by an individual; nor shall any business license fees be required for the conduct of any entertainment which is performed for the purpose of raising revenue for said charitable purposes.

(b) Any business activity operating in the Town which is required to make payments under a franchise agreement with the Town is exempt from the business license fees imposed by this Chapter.

(c) Town of Apple Valley Recreation Department instructors who have a contract with the Town, and who have no other customers except those students they teach through the Town's Recreation Program shall complete the business license application process, but are exempt from paying the business license fee.

(d) Individuals who sell merchandise at a Town sponsored event when those individuals report gross sales of $500.00 or less a year to the State.

(Ord. 270, 8-12-03)

An application for a license under this Chapter must include the business name, business location, mailing address, business start date, description of the business, ownership type, owner name(s), and the number of owners and employees for the purpose of calculating the business license fee, necessary State license and permit data when applicable, and any other information required by the collector to assist in the issuance of the business license, and must be signed by the applicant. In the event that such a business shall not be conducted at a permanent address, then the applicant shall state the residence of the owner or owners of such a business. Where an application is made for a business within Town boundaries, the collector may require approval from the Police, Fire, Health, Building, Planning, and any other department he or she deems to be applicable. In the event where such a business is required to be licensed by the State of California, then such application shall include proof of current State license.

(Ord. 270, 8-12-03)

No license issued under this Chapter shall be interpreted as permission to conduct a business otherwise prohibited by law or in such a manner as to create a nuisance.

All licenses shall be payable in advance in lawful United States tender to the Town Treasurer's office.

No license issued prior to the passage of this Chapter shall be transferable to the present. Licenses issued for locations inside the Town limits cannot be transferred to another location inside the Town limits. Licenses cannot be transferred to another owner, business name or type of business.

(Ord. 270, 8-12-03)

No license fee paid in conforming to this Chapter shall be refundable for any reason at any later date.

No license issued under this Chapter shall be interpreted as permission to conduct a business which is prohibited by Town zoning rules and regulations.

The business license issued pursuant to the provisions of this Chapter constitutes a receipt for the license fee paid and is a requirement, but not a formal permit, to transact and carry on any business activity within this Town. Neither the payment of the fee nor the possession of the business license authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or ordinance or by any State statute or other law must first be obtained or complied with before the doing of any act or thing for which it is required.

Any person required to pay a license fee for conducting a business under this Chapter shall not be relieved from the payment of any license or other fee for the privilege of conducting such business or similar or related activity required under any other provision of this Code or any other ordinance or regulation of the Town or other agency, and such person shall remain subject to all regulatory provisions of other ordinances and laws.

Unless otherwise specifically or by necessary implication provided herein, neither the adoption of this Chapter nor its superseding of any portion of any other ordinance of the Town shall in any manner be construed to affect prosecution for the violation of any other ordinance committed prior to the adoption hereof, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto pertaining shall continue in full force and effect for the term prescribed therein.

The information given or secured on the active business license shall be public information. In addition, the business phone number, as provided by the applicant on the business license application, shall also be considered public information. Information on other portions of the business license application may be considered public information if it is found necessary by the collector to enforce the provisions of this Chapter, or for the enforcement of other ordinances or laws intended to preserve the public health, safety and welfare; otherwise said other information shall be confidential, unless disclosure is required by law or by order of a court with competent jurisdiction.

(Ord. 270, 8-12-03)

All statements and records submitted in order to ascertain the amount of license fees may be substantiated through audit proceedings relating to employee-related records and any applicant's prior employee-related records are subject to audit at the collector's discretion. All persons subject to the conditions of this Chapter shall be required to keep complete and accurate records.

The Town Treasurer shall issue to any person having met the standards of this Chapter a license which shall contain the following: the business name, business location, business owner(s), business type, description of the business, business license number, effective date, expiration date, business mailing address, and the electronic signature of the Town employee authorized to issue business license. The license issued by the Town Treasurer for the purpose of posting in places of business shall not contain reference to the amount of the license fee.

(Ord. 270, 8-12-03)

The Town Treasurer shall keep a list of all delinquent renewal licenses that are payable under this Chapter and shall add a penalty of 25% of the license fee on the first day of each month after the due date of the renewal or initial application, for failure to pay an annual license fee when due. The Town Treasurer shall add a penalty of 25% of the license fee on the day following the due date and all such penalties may be calculated retroactively to the passage of this Chapter but shall not exceed a sum greater than that sum as calculated over a three-year period (the total fee shall not exceed three times the annual license fee).

All licenses shall be annual licenses and shall be due and payable on or before the date the business commences, and shall be renewed annually on the anniversary of the effective date of the initial or prior license; the "effective date" shall be the day the business license is issued.

(Ord. 270, 8-12-03)

The amount of all business license fees in this Chapter shall be revised on January 1 of each year, commencing January 1, 1992, by an amount equal to the increase in the average gross national product deflation factor as published by the United States Department of Commerce.

In all cases, the applicant for the renewal of a license shall submit to the collector for his or her guidance in ascertaining the amount of the license fee to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth the information concerning the applicant's business during the preceding year as may be required by the collector to enable him or her to ascertain the amount of the license fee to be paid by the applicant pursuant to the provisions of this Chapter.

All businesses shall display business licenses in the following manners: any license holder conducting business at a fixed place in the Town of Apple Valley shall keep the license posted in a conspicuous place on the business premises; any license holder conducting business but not operating at a fixed place in the Town of Apple Valley shall keep the original license on his or her person at all times while conducting business; and any license holder operating one or more vehicles in the Town shall keep a copy of the original license in each such vehicle.

Where a license holder is authorized to conduct business at a specific location, such a license holder may move his or her place of business following the submission of a revised application with the appropriate change of address. The appropriate departments of the Town must approve the new location prior to the issuance of the revised license. There will be an administrative fee of $20.00 for departmental review. The change of place of business fee will be waived if the change is made during the annual renewal process, or any time during the year when the business is located outside of the Town limits and does not require the departmental review.

(Ord. 270, 8-12-03)

In the event that any person is conducting two or more businesses required to be licensed in the same location, separate fees shall be charged and licenses issued at a full fee rate.

Where a license fee is imposed upon any business pursuant to this Chapter, and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business. A separate license shall be obtained for each branch establishment or location at the same location. Each license shall authorize the licensee to transact and carry on only the business licensed thereby, at the location specified in the license, and in the manner designated in such license. Warehouses and distributing plants used in connection with and incidental to a business shall not be deemed to be separate places of business or branch establishments.

(a) All licenses issued under the provisions of this Chapter shall be in compliance with all applicable laws of the State of California and the United States of America. Any license granted through the provisions of this Chapter may be revoked by the Town Manager if he or she determines either:

(1) That it was fraudulently or wrongfully issued or obtained, or

(2) That the information provided in the application was misleading or false in any material respect, or

(3) That the business is operating in violation of any statute, ordinance or law, or

(4) That the revocation is necessary to health, safety or welfare of the community, subject to the provisions of Subsection (b) below.

(b) Prior to any revocation of license, the Town Manager shall give the license holder 15 days' notice of intent to revoke such license. Within 15 days of such notice, the license holder may file a written request with the Town Clerk to appear before the Town Council, and when a hearing is thereafter scheduled by the Town Clerk, the license holder may appear and show cause before the Town Council why such license should not be revoked. Upon the failure of the license holder to file a written request to appear within 15 days, or if after the hearing of the Council, the Council finds good and sufficient cause of revocation, the license shall be revoked. No refund of any license shall be made following revocation.

Any person who violates any provision or prohibition contained in this Chapter, or is found to have misrepresented to the collector the nature, character, description or extent of his or her business or number of equivalent full time employees or other employees of his or her business is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.

(Ord. 156, 11-14-95)

The amount of any business license fee and penalty imposed by the provisions of this Chapter shall be deemed a debt to the Town. An action may be commenced in the name of the Town in any court of competent jurisdiction for the amount of any delinquent license fee, penalties, and administrative costs incurred in connection therewith, including attorney's fees.

The amount of the license fees to be paid to the Town by each and all persons conducting any and all businesses to which this Chapter applies shall be based on the number of employees employed by each of said businesses. The fee is calculated as follows:

For each business with 0-5 employees, the fee is $50.00 per year.

For each business with 6-10 employees, the fee is $75.00 per year.

For each business with 11-15 employees, the fee is $100.00 per year.

For each business with 16-20 employees, the fee is $150.00 per year.

For each business with 21 or more employees, the fee is $200.00 per year.

The business of peddling, or hawking, is prohibited, and a business license shall not be issued therefore. Businesses that have a valid Town business license may solicit orders for later delivery. This prohibition shall not be applicable to any person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, property, or other pedestrian path in compliance with Chapter 5.08 of Title 5 of this Municipal Code.

(Ord. 270, 8-12-03; Ord. 444, 1-08-13;Ord. No. 537, § 3, 10-27-20)

(a) Any resident wishing to operate a garage-yard sale shall prior to the garage-yard sale register with the Finance Department of the Town of Apple Valley the date and time on which the garage-yard sale is to take place.

(b) The maximum number of garage-yard sales permitted under this Chapter for any single-family residence is three per calendar year, with each sale not to exceed three consecutive days.

(c) The maximum number of garage-yard sales permitted under this Chapter for any multi-family residence is one per calendar year per occupied unit. The tenant of the multi-family residence shall receive written permission from the owner of the property prior to obtaining the garage-yard sale permit and shall submit this written authorization at the time of registration with the Finance Department. Only the occupant of the multi-family residential unit shall be permitted to apply for and obtain the garage-yard sale permit.

(d) Any signs advertising a garage-yard sale on any public street, alley or right-of-way or on any publicly owned property are prohibited.

(Ord. 210, 7-13-99; Ord. 270, 8-12-03)

The business of operation of a filming company is not subject to the provisions in this Chapter, but, instead, is subject to other applicable ordinances and fees relating to such operations.

(Ord. 57, 8-14-90)

Editor's note— Sec. 3 of Ord. No. 531, adopted August 11, 2020, deleted § 5.02.290, which pertained to massage, and derived from Ord. 270, adopted August 12, 2003; and Ord. No. 311, adopted April 25, 2006.

Only those property owners who have for rent and/or lease ten or more residential, commercial, industrial and/or office units shall be required to obtain a business license.

(Ord. 270, 8-12-03)

Temporary events are identified as events requiring a Special Events Permit from the Planning Division. Operators of and vendors at temporary events shall be required to obtain a business license and must certify that the sales tax collected on sales made in Apple Valley will be reported to the State of California as such.

(Ord. 270, 8-12-03)

Business licenses are required for any for-hire motor carrier of property or passengers not specifically exempted by State or Federal law. Business license fees may be adjusted so as not to cause an undue burden upon interstate commerce as explained in Section 5.02.024(d) of this Municipal Code. Drivers of passenger carriers would be required to pass a background check and provide adequate proof of insurance.

(Ord. 270, 8-12-03)

Upon receipt of a complete application with all required documentation and fees, the collector shall refer copies of the application to the Building, Planning, Fire and Police Departments for investigation concerning the applicant's business and character. These investigating departments shall report their findings, together with their approval of or objection to the issuance of a license to the collector within ten business days of the referral. The collector shall, upon receipt of these reports and any recommendations either issue or deny the issuance of the license.

(Ord. 408, 5-11-10)

Every junk dealer, pawnbroker, secondhand dealer and salvage collector shall hold and keep exposed any property acquired by them in the course of their business for inspection on their business premises during business hours.

(Ord. 408, 5-11-10)

Junk dealers shall hold all personal property received as received except automobile bodies until the expiration of three days after the submission of the daily report required by this Chapter.

(Ord. 408, 5-11-10)

(a) Junk dealers, pawnbrokers and secondhand dealers licensed under this Chapter shall report in writing to the Police Department, in a manner as approved by the Police Department, all personal property requiring reporting by this Chapter. The daily reports shall be accompanied by a purchase form for each individual transaction. The specific information required on the purchase form is as follows;

1. Dealer's name, business, address and telephone number;

2. Date of purchase;

3. Seller's name, description, residence address, vehicle license number, driver's license or county business license number;

4. Material category descriptions;

5. Weight of material, amount paid and time of payment;

6. Description and identification number of automobile and automobile bodies. Such information may be provided by submission of a vehicle report completed by the seller of any automobile or automobile body. The vehicle report forms will be made available by the Police Department.

(b) The purchase forms and daily reports shall include a general description as to the composition of scrap or junk. Products such as castings, wire, tubing, pipe, or similar items may be commonly described. Nonferrous materials shall be reported and ferrous materials including fence material, pipe, chain, machinery parts, foundry castings, cable, automobiles, automobile bodies, and catalytic converters shall be reported.

1. A copy of valid proof of ownership shall accompany all purchase forms for each catalytic converter transaction in accordance with Section 11.120.010(c) of this Municipal Code.

(c) Transactions totaling $5.00 or less need not be reported except for automobiles or automobile bodies, which may be reported in accordance with Subsection (a)(6). of this Section.

(d) Pawnbrokers and secondhand dealers shall make their reports in compliance with the provisions of Business and Professions Code § 21628 and Financial Code § 21208, of the State of California.

(e) Salvage collectors shall maintain purchase records.

(f) The daily reports and purchase forms shall be written in the English language in a clear and legible manner. The records required by this section shall be retained by the applicant for a period of three years and shall be available for inspection upon demand by any Law Enforcement Officer. The failure to complete, file and retain the records required pursuant to Section 5.02.360 is a violation of this Chapter and is unlawful.

(Ord. No. 557, § 3, 7-12-2022)

A. (1)

It shall be a misdemeanor for any person or proprietor, within the Town of Apple Valley, to act as a tobacco retailer at a location for which a valid Tobacco Retailer's Permit has not been issued pursuant to this Section. A separate Tobacco Retailer's Permit is required for each location at which tobacco retailing is to occur. No permit shall be issued to authorize tobacco retailing at any place other than a fixed location. Tobacco retailing from any non-permanent location, including from vehicles, is prohibited. No permit shall be issued for residences, newsstands, or locations where engaging in tobacco retailing is prohibited by Federal, State or local law.

(2) A person or proprietor without a valid Tobacco Retailer's Permit, including a person or proprietor whose permit has been suspended, shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a permit.

(3) Each day that a person or proprietor sells or offers for sale tobacco, tobacco products or tobacco paraphernalia without a valid Tobacco Retailer's Permit shall constitute a separate violation.

A. (1)

Application for a Tobacco Retailer's Permit shall be submitted to the Town Finance Department by any proprietor of a business seeking the permit, with at least one proprietor personally identifying himself or herself with valid government-issued identification at the time the application is submitted. An authorized agent of a business or corporation may submit an application for a Tobacco Retailer's Permit if the application has been completed, signed and notarized by at least one proprietor or corporate officer. Each applicant shall be responsible for reviewing the conditions of conducting retail tobacco sales within the Town of Apple Valley and shall agree to abide by these conditions by signing the application under penalty of perjury. All applications shall be submitted on a form supplied by the Town and shall contain the following information:

(2) The business name, address and telephone number of the location for which the Tobacco Retailer's Permit is sought;

(3) The name, mailing address and telephone number of the proprietor or person authorized to receive communications and notices required by or authorized by this Section. If this information is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address of the location for which the Tobacco Retailer's Permit is sought;

(4) The type and identifying number of the government-issued identification presented with the application;

(5) Other information the Town Attorney deems necessary for enforcement of this Chapter; and

(6) A Tobacco Retailer's Permit must be obtained prior to the sale of any tobacco product or tobacco paraphernalia. A new Tobacco Retailer's Permit must be obtained upon change of ownership or upon change of form of ownership prior to the sale of any tobacco product, including but not limited to a sole proprietor becoming a corporation.

A. (1)

The permit shall state the following on its face:

(a) Legal owner,

(b) Doing business as (D.B.A.),

(c) Town of Apple Valley Municipal Code section regulating Tobacco Retailer's Permits,

(d) Business and mailing addresses,

(e) Date permit was issued and permit expiration date,

(f) Account number,

(g) Upon the receipt of an application for a Tobacco Retailer's Permit the Finance Department shall issue a permit, unless the Assistant Town Manager of Finance and Administration demonstrates one of the following bases for denial:

(1) The application is incomplete or inaccurate; or

(2) The application seeks authorization for tobacco retailing at a location for which a suspension is in effect.

(3) The application seeks authorization for tobacco retailing that is unlawful pursuant to any section of this Chapter or any Federal, State or local law.

B. It shall be the responsibility of the Town Manager or his/her designee to enforce all provisions set forth in this Chapter, which includes but is not limited to the following:

(1) Investigate and prosecute tobacco retailers who fail to obtain and/or maintain a Tobacco Retailer's Permit.

(2) Conduct any and all audits that may be necessary in the investigation of tobacco retailers.

C. Finance Department responsibilities. It shall be the duty of the Finance Department to administer and process the Tobacco Retailer's Permit application and mail renewal notices.

A. Any Tobacco Retailer's Permit issued pursuant to this Chapter shall be prominently displayed in public view at the location for which it is issued.

A. A Tobacco Retailer's Permit is non-transferable. If a new person or proprietor acquires a business engaged in tobacco retailing, that person or proprietor must apply for a new permit before engaging in the sale of tobacco products or tobacco paraphernalia.

A. (1)

Cumulative to other violations. The violations set forth in this Section are cumulative to, and in addition to, any other violations of Federal, State or local law and shall be punished as specified in Section 5.02.430.

(2) Failure to comply with Federal, State or local law. Any tobacco retailer for whom a duly certified abstract of the record of any court or administrative adjudicative proceeding has been received by the Town Manager or designee showing that the tobacco retailer has violated any Federal, State or local law regarding the sale, advertisement or display of tobacco products shall be guilty of an administrative violation. An administrative penalty will be imposed under Section 5.02.430 when the person or proprietor has either been:

(3) Determined to be in violation of any Federal, State or local law by an appropriate governmental administrative agency, or

(4) Determined to be in violation of any Federal, State or local law by a court of competent jurisdiction including but not limited to the entry of a plea of guilty or "no contest" in a criminal case.

A. (1)

Any tobacco retailer determined by the Town Manager or his/her designee to have violated a section of this Chapter shall be subject to the penalties of this Section. The Town Manager or his/her designee shall notify the tobacco retailer that there has been an initial determination of violation under the provisions of this Chapter, and shall specify the violation and the penalty imposed, including the effective date of the suspension, if any. The notice shall further state that the tobacco retailer may, within 15 calendar days of receipt of the notice, submit to the Town Manager or designee any written or documentary evidence to contest the initial determination of violation. After receiving and considering the evidence that is provided, the Town Manager or his/her designee shall prepare a final written decision with findings, and shall serve this final determination upon the tobacco retailer.

(2) Administrative penalties shall be imposed as follows:

(a) For the first violation in any five-year period, the tobacco retailer shall receive a letter of reprimand from the Town and in accordance with Business and Professions Code § 22958(a) a $400.00 penalty.

(b) For the second violation in any five-year period, the Tobacco Retailer's Permit shall be suspended for 30 calendar days and in accordance with Business and Professions Code § 22958(a) a $950.00 penalty.

(c) For a third violation in any five-year period, the Tobacco Retailer's Permit shall be suspended for 90 calendar days and in accordance with Business and Professions Code § 22958(a) a $1,500.00 penalty.

(d) For a fourth or subsequent violation in any five-year period, the Tobacco Retailer's Permit shall be suspended for 12 months and in accordance with Business and Professions Code § 22958(a) a $3,000.00 penalty.

(3) Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and permit suspension periods shall continue to apply to a location unless:

(a) The location has been fully transferred to a new proprietor or proprietors; and

(b) The new proprietor(s) provide the Assistant Town Manager of Finance and Administration or his/her designee with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm's length transaction.

B. In addition to the administrative penalties, any person who violates a section of the Chapter shall be guilty of a misdemeanor subject to Section 1.01.200.

A. (1)

The tobacco retailer shall have the right to an administrative review of the final determination of the Town Manager. The administrative review shall be conducted by the Town Manager or designee to obtain an administrative review of the Town Manager's final determination, the tobacco retailer must complete the request for administrative hearing form available at the Town Clerk's Office, within 15 calendar days of its receipt of the Town Manager's final determination. The amount of the fine must be deposited with the Town. The timely filing of a request for an administrative review shall hold in abeyance any permit suspension until the administrative review is heard and decided.

(2) Notice of review. If a review is requested pursuant to Section 5.02.440(a)(1) the hearing shall be set for a date that is not less than 15 and not more than 60 days from the date that the "request for hearing" is filed in accordance with the provisions of Section 1.01.205. The person requesting the hearing shall be notified of the time and place set for the hearing at least seven days prior to the date of the hearing.

(3) Review procedure. The Hearing Officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Municipal Code on the date(s) specified in the violation notice. The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer may immediately issue a verbal decision or may issue a written decision within ten days of the hearing. The decision shall include the reasons for the decision and such decision shall be final. If the Hearing Officer determines that the violation should be upheld, then the fine amount on deposit with the Town shall be retained by the Town. If the Hearing Officer determines that the violation should be cancelled and the fine was deposited with the Town, then the Town shall promptly refund the amount of the deposited fine.

(4) Finality of the Town Manager or designee's decision. The decision of the Hearing Officer shall be the final decision by the Town.

A. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter or the rules adopted hereby. The Town Council of the Town of Apple Valley hereby declares that it would have adopted independently each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

(Ord. 408, 5-11-10)