Arcadia Municipal Code § 6214.3 Penalty

The amount of any license fee imposed under this Chapter shall constitute a debt to the City. Any person engaging in business in the City without having a license so to do shall be subject to an action in the name of the City in any court of competent jurisdiction for the collection of the amount of the license fee and penalties imposed by this Chapter.

All licenses, unless otherwise expressly stated in this Chapter, shall be paid in advance in legal currency of the United States of America at the office of the City Treasurer. The City may at its discretion accept negotiable paper in the payment of any license fee. The acceptance by City of negotiable paper shall constitute a payment of the fee only when such paper is duly paid. If for any reason any negotiable paper is not paid on due presentation, the license fee shall be deemed not to have been paid and the license issued shall be deemed not to have been issued, and shall be void and of no effect.

The conviction and punishment of any person for engaging in business without a license shall not excuse or exempt such person from the payment of any license or penalty, due or unpaid, at the time of such conviction, and nothing in this Chapter shall prevent a criminal prosecution for any violation of the provisions of this Chapter.

(Amended by Ord. 1617 adopted 11-23-77)

Except as provided in Section 6214.3.1, the License Officer shall, on the 30th day following the due date thereof, add a penalty of twenty percent (20%) of the license fee for failure to pay any license fee when due. On the 60th day following the due date the penalty fee shall be sixty percent (60%) of the license fee for failure to pay. Commencing on the 90th day following the due date and thereafter the penalty shall be one hundred percent (100%) of the license fee for failure to pay.

(Amended by Ord. 1617 adopted 11-23-77; amended by Ord. 1753 adopted 7-20-82; amended by Ord. 1767 adopted 3-1-83)

The License Officer shall not issue a license to any person who has commenced business without a license unless there is first paid the license fee itself and a penalty equal to one hundred percent (100%) of the license fee.

(Added by Ord. 1617 adopted 11-23-77; amended by Ord. 1753 adopted 7-20-82; amended by Ord. 1767 adopted 3-1-83)

In no case shall any mistake made by the City Treasurer or License Officer in collecting or stating the amount of a license fee prevent or prejudice the collection by the City of such amount as shall actually be due from any person engaged in business who is subject to a license under this Chapter.

Upon certification by the License Officer that a duplicate license fee has been paid in error and that the duplicate license has been surrendered to and canceled by the License Officer or that no duplicate license was issued, the City shall refund to such licensee the full amount of the duplicate license fee thus paid in error.

(Amended by Ord. 1234 adopted 2-4-64)

Upon certification by the License Officer that a license fee has been erroneously accepted by the City and that the license erroneously issued has been surrendered to and cancelled by the License Officer or that no license was issued pursuant to such erroneous payment, the City shall refund to the payer the full amount of the license fee thus received in error. The mere fact that no business was conducted under a City license shall not authorize a refund under this Section.

(Added by Ord. 1234 adopted 2464)

No other refund of any license fee collected by the City under this Chapter shall be made, except that in the case of written claims for refunds the License Officer shall have the discretionary power to refund not to exceed seventy-five percent (75%) of the unused portion of any fee paid when the total amount of the unused portion exceeds Twenty-five Dollars ($25.00). Said discretionary power shall only be exercised in the interest of justice and to prevent extreme hardship.

(Added by Ord. 1234 adopted 2-4-64; amended by Ord. 1354 adopted 7-18-67; amended by Ord. 1896 adopted 10-20-88; amended by Ord. 2263 adopted 12-1-09)

Owners shall be liable for and shall pay to the City any business license fee due to the City from any of their contractors, and contractors shall be liable for and shall pay to the City any business license fee due to the City from any of their subcontractors or materialmen, who performed work or furnished materials to or for any improvement at such time as the statement of names and addresses of such subcontractors and materialmen is required to be filed by Arcadia Municipal Code Section 8130.3.1 prior to final inspection or issuance of the certificate of occupancy, or if such a statement is not required to be filed, then prior to the completion of any such work or improvement.

(Added by Ord. 1676 adopted 5-1-79)