Arcadia Municipal Code § 6211.2 Same

There are imposed upon the business trades, professions, callings and occupations specified in this Division license taxes in the amounts hereinafter prescribed. No person shall engage in business or transact and carry on any business, trade, profession, calling or occupation in the City, without first having procured a license from the City so to do and without fully complying with any and all other provisions of this Code. This Section does not apply to adult businesses; the regulation and permitting of adult businesses and the licensing of the trades, professions, callings, and occupations thereof involved are separately enacted and provided for in Sections 9279 and 6700 et seq. of this Code. This Section does apply to massage therapy businesses and shall be read in conjunction with those regulations which are separately enacted and provided for in Sections 6418 et seq. of this Code.

(Amended by Ord. 2103 adopted 5-18-99; Amended by Ord. 2260 adopted 8-19-09)

(Ord. No. 2326, § 1, 4-21-2015)

Every person for whom a license is required by this Chapter shall make application therefore in writing to the License Officer setting forth the information specified in the following subsections. No person shall file or cause to be filed an application for a permit containing false or fraudulent statements, and, if found to do so, may be subject to penalty of perjury.

(Amended by Ord. 2263 adopted 12-1-09)

The name, if any, under which such business or occupation is or will be conducted.

The address at which such business or occupation is or will be conducted, and the portion of such property devoted to such business or occupation.

The nature of the business or occupation conducted thereon, including each separate and distinct type of business conducted on the premises under the same ownership.

The estimated average number of employees the applicant intends to employ during the year for which the license is to be issued.

If the business is located outside of the City, the estimated average number of employees the applicant intends to employ for work in the City.

The nature, quantity and location of all equipment used in connection with the business or occupation for which application is made, and in the case of a business, trade or occupation involving birds, fowl, poultry, rabbits or animals, the number of each of the foregoing located on the premises upon the date of the application.

Each application shall be signed by the owner of the business, trade or occupation on behalf of which the application is filed, shall set forth whether the business be owned and operated by an individual, by a partnership or by a corporation; if by a partnership the names and addresses of each partner; and if by a corporation the names and addresses of the officers of such corporation.

At the time of applying for a license for a business specified in subsections 6220.33, 6220.43.1 or 6220.47, if the applicant has been engaged in business in the City continuously for one year or more, he shall file with the License Officer a sworn statement showing the average number of persons employed by or associated with him in connection with said business during the year prior to the date of making such application, and said statement shall be used by the License Officer in determining the amount of license fee to be paid for the next ensuing year. In determining such average, the number so associated with or employed by the applicant on the last business day of each calendar month shall be added together and the sum thereof divided by twelve.

(Amended by Ord. 1896 adopted 10-20-88)

If the applicant has not previously been engaged in business in the City, or has been so engaged for less than one year, he shall file with the License Officer a sworn statement setting forth the estimated average number of persons he intends to employ in connection with the operation of said business during the ensuing year, and such estimated average number shall be used at arriving at the amount of license fee to be paid.

Before accepting for filing any application for a business license under this Title, the City shall charge and collect a processing fee for a new business license in an amount established by resolution of the City Council.

(Added by Ord. 2183 adopted 9-16-03)

The names and addresses of all previous businesses the applicant has been either the owner, partner, director, officer, controlling stockholder or manager of during the five (5) years immediately preceding the filing of the license application. The applicant shall also list any relationship, partnership, or affiliation of any kind between any previous business they were the owner, partner, director, officer, controlling stockholder or manager of and the business for which a license is sought, whether or not their relationship with the previous business occurred during the five (5) years immediately preceding the filing of the license application.

(Amended by Ord. 2263 adopted 12-1-09)

Editor's note— Ord. No. 2263, § 7, adopted Dec. 1, 2009, amended § 6211.2.2, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 6211.2.2 pertained to Same. Year End Report. See "Ordinance List and Disposition Table" for derivation.

The date and type of any previous citations or convictions the applicant has received in their role as either the owner, partner, director, officer, controlling stockholder or manager of any business during the five (5) years immediately preceding the filing of the license application regardless of the jurisdiction issuing the citation or conviction. The applicant shall also list the date and type of any previous citations received by any business they were the owner, partner, director, officer, controlling stockholder or manager of during the five (5) years immediately preceding the filing of the license application.

(Amended by Ord. 2263 adopted 12-1-09)

Editor's note— Ord. No. 2263, § 8, adopted Dec. 1, 2009, amended § 6211.2.3, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 6211.2.3 pertained to Same. Audit. See "Ordinance List and Disposition Table" for derivation.

If any person fails to file any required statement within the prescribed time, the License Officer may determine the amount of license tax due from and payable by such person, by means of such information as he may be able to obtain. The License Officer shall give notice of the amount assessed by serving it personally or by depositing it in the United States Post Office at Arcadia, California, postage prepaid, addressed to the person so assessed at his last known address.

Such person may, within ten (10) days after the mailing or serving of such notice, make application in writing to the License Officer for a hearing on the amount of the license tax. If such application is not made within the time prescribed, the assessment shall become final. If such application is made within the time prescribed, the License Officer shall cause the matter to be set for hearing before the Board. The Board shall consider all evidence produced, and the amount of the license tax so determined by the Board shall be the amount due and payable for such license. The Board's decision may be appealed to the City Council per the terms of Section 6216.9.

(Amended by Ord. 2263 adopted 12-1-09)

Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this Chapter upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the License Officer disclosing the interstate or other character of his business entitling such exemption. Such statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the State, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish the identity of applicant and such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit for the information of the License Officer.

Every peddler, solicitor or other person claiming to be entitled to any exemption from any license provided for in this Chapter on the ground that he is peddling or soliciting for the sale of newspapers, periodicals or other grounds not herein specifically mentioned, shall file a verified statement with the License Officer containing the information required by Section 6211.3 and any other facts necessary to establish such claim of exemption.

Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this Chapter upon the ground that he is the vendor of fruits, vegetables or any other food stuffs raised by him in the City, shall file with the License Officer a verified statement containing his address, the kind of goods to be sold, the method of solicitation, sale and delivery, the location of any warehouse used or operated by him in conjunction with the raising or selling of such products, and any other facts necessary to establish such claim of exemption.