Title 5 — BUSINESS TAXES, LICENSES AND REGULATIONS CHAPTER 5.04. - 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:

A.

Business means every business, trade, profession, calling, occupation, vocation, exhibition, show and enterprise of every kind carried on for profit, and every activity, part or phase thereof.

B.

Person, unless otherwise indicated by the text, means any domestic or foreign corporation, firm, partnership, association, club, organization, cooperative, business trust, society and individual, whether acting as principal, agent, partner, corporation officer, clerk, driver or other employee.

(Prior Code, § 11-1; Code 1985, § 5.04.010)

No person shall commence or carry on in the city any business without first having procured from the city a license to do so, or without complying with all other applicable regulatory measures contained in this Code and all other ordinances of the city.

(Prior Code, § 11-2; Code 1985, § 5.04.020)

Applications for licenses under this chapter shall be filed with the city administrator by each prospective licensee on a form provided therefor. Such application shall supply the following and any other pertinent information the city administrator may require:

A.

A full identification of the applicant and all persons directly or indirectly interested in the business or the proceeds therefrom. Such identification shall include the following:

1.

If a corporation, the names and addresses of the president, secretary and directors thereof and the address of its principal place of business;

2.

If a partnership, the names and addresses of all partners, whether active or inactive or special or limited partners and the address of its principal place of business;

3.

If some other form of organization other than a corporation or partnership, the exact nature thereof, the address of its principal place of business, and the names and addresses of all persons interested in the management, operation or profit thereof;

B.

The location of the proposed business and the name and address of the owner of the premises if the proposed business is to operate in or from a fixed place within the city, or if it is not to do so, then the

location of the place from which the proposed business will be operated;

C.

The exact nature of the proposed business and the name under which it will be operated.

(Prior Code, § 11-3; Code 1985, § 5.04.030)

The city administrator may approve any application for a license and issue to the applicant the license certificate therefor, or, at the administrator 's discretion, any application may be referred to the city council, which shall either approve the application or order that a public hearing be held on the matter. Such meeting shall be held after at least three days' notice thereof to the applicant and may be continued from time to time as the city council may direct. If, after such hearing, a majority of the councilmen present shall be of the opinion that the applicant is not a proper person for the conduct of such business or that the operation thereof would be detrimental to the public health, peace, morals, safety or general welfare, the license shall be denied; otherwise, it shall be granted.

(Prior Code, § 11-4; Code 1985, § 5.04.040)

Before issuing the first license certificate for a business to be operated in or from a fixed place within the city, the city administrator shall require from the applicant a certificate from the chief of the fire department that the premises have been inspected and that all applicable fire control or prevention regulations have been complied with.

(Prior Code, § 11-5; Code 1985, § 5.04.050)

Before granting the first license or effecting the transfer of any license for any business to engage in the sale, storage, processing, preparing, serving or handling foods or food products or other articles for human or animal consumption, or for any barbershop or beauty shop, public bath or massage parlors, or for any hotel, motel, auto court, trailer court, apartment house or roominghouse having three or more units for human occupancy, or for any garbage or rubbish disposal service or cesspool or septic tank cleaning service, the city administrator shall require the applicant to exhibit a current health permit from the county health department for the conduct of such business.

(Prior Code, § 11-6; Code 1985, § 5.04.060)

Before granting the first license for or effecting the transfer of any license for any business where intoxicating liquors are to be or are sold for consumption on the premises, or any pool hall, card game or other place of amusement within the city, the city administrator shall require from the applicant a certificate from the chief of police that the conduct of such business at the proposed location will not be detrimental to the public peace, morals, health, safety or general welfare.

(Prior Code, § 11-7; Code 1985, § 5.04.070)

Before issuing any license certificate covering any business, profession, occupation, or operation for which a permit, license or certificate of registration is required by the state, the city administrator may require that the applicant produce and exhibit a valid, current, state permit, license or certificate of registration therefor.

(Prior Code, § 11-8; Code 1985, § 5.04.080)

Every license issued under this chapter shall contain upon the face thereof the following:

A.

The name of the licensee;

B.

The amount of the license tax collected, if any;

C.

The period of time for which the license shall be in effect;

D.

The nature of the business licensed;

E.

The location where such business is to be conducted.

(Prior Code, § 11-9; Code 1985, § 5.04.090)

All current license certificates shall be posted or kept in a manner as follows:

A.

Posted in a conspicuous place within view of the customers if the business is operated from a fixed place of business within the city;

B.

Posted in an easily visible place in the driver's compartment of each licensed motor vehicle;

C.

If neither subsection A nor subsection B of this section is applicable, then upon the person of the licensee.

(Prior Code, § 11-10; Code 1985, § 5.04.100)

All business licenses are personal to the licensee and shall not be transferred either to another operator of the business licensed or to another location or motor vehicle for the operation of the same business except by endorsement by the city administrator upon the face of the original and duplicate copies of the current license certificate of the fact of transfer. If for any reason the city administrator shall deem such transfer to be against the public interest, the city administrator may refuse to make such transfer and require the proposed transferee to apply for a new license. The city administrator shall charge a transfer fee as set by resolution.

(Prior Code, § 11-11; Code 1985, § 5.04.110; Ord. No. 431, § 1, 1985)

Annual licenses shall begin on January 1 of each year. Unless a license is suspended or revoked as provided in this chapter, it shall be valid to and including the last day of the annual period for which it has been issued.

(Prior Code, § 11-12; Code 1985, § 5.04.120; Ord. No. 431, § 2, 1985; Ord. No. 478, § 1, 1995)

Any license granted under the provisions of this chapter may be revoked by the city council for any reason for which the granting thereof might have been denied. Such revocation shall be made only upon a public hearing before the city council after at least five days' notice to the licensee. Such notice shall state the grounds of complaint and the time and place where the hearing will be held. If the licensee is out of the city or cannot be found within the city, then such notice shall be given to the person in charge of or conducting the licensed business. Such hearing may be continued from time to time by the city council, and its findings shall be made in writing and shall be final and conclusive in the matter.

(Prior Code, § 11-13; Code 1985, § 5.04.130)

If, in the judgment of the city administrator, chief of police, or chief of the fire department of the city, it is necessary for the protection of the public safety, health, morals or general welfare to suspend the license of any business pending the hearing for revocation thereof, such official shall file with the city clerk a written statement that such suspension of the license is necessary and the reasons therefor. Upon receipt of such statement, the city administrator shall suspend the license of the business by endorsing upon the face of the duplicate license a notation of the suspension and the date thereof. The chief of police shall enforce the suspension. Upon approval of the police chief, such suspension may be terminated at any time by the official who caused it to be made by filing with the city clerk a written request to such effect. If no such termination is made the suspension shall continue until the decision of the city council is given upon the matter of the revocation of the license.

(Prior Code, § 11-14; Code 1985, § 5.04.140; Ord. No. 431, § 3, 1985)

• Suspension—During suspension or revocation of state licenses, permits or certificates.

In the event that any person or business required by the Business and Professions Code or other laws of the state to have a state permit, license or certificate of registration shall have such permit, license or certificate of registration suspended or revoked, then any business license granted to such person or business under the provisions of this chapter shall, ipso facto, be suspended and shall remain suspended until such permit, license or certificate of registration is restored to full force and effect.

(Prior Code, § 11-15; Code 1985, § 5.04.150)

In the event that any business required by law to have a health permit from the county health department shall have such permit refused, suspended, or revoked, the business license of such business shall, ipso facto, be suspended until the restoration thereof to full force and effect.

(Prior Code, § 11-16; Code 1985, § 5.04.160)

• Suspension—During suspension or revocation of transient occupancy registration certificate.

In the event that any person or operator required by ordinance of the city or other laws to have a transient occupancy registration certificate shall have such certificate suspended or revoked, then the business license granted to such person, business or operator to so conduct such business under the provisions of this chapter shall, ipso facto, be suspended and shall remain suspended until such certificate is restored to full force and effect.

(Prior Code, § 11-16-A; Code 1985, § 5.04.170)

Every person who operates any business whether upon a cost, rental, or commission basis or as a concession or in rented space in or upon the premises of any other licensed business shall be required to obtain a separate and individual license therefor pursuant to the appropriate provisions of this chapter and to pay a separate license tax therefor.

(Prior Code, § 11-17; Code 1985, § 5.04.180)

Any business servicing, processing or repairing personal property and not performing such servicing, processing or repairing at or from a fixed permanent place of business within the city shall not be deemed to be conducting its business from a fixed permanent place of business within the city, even though it has or maintains within the city an agency or place for the pickup or delivery of such personal property.

(Prior Code, § 11-18; Code 1985, § 5.04.190)

Each license granted under the provisions of this chapter shall authorize only the person named therein to conduct the specified business at the location described therein. If more than one business is conducted

on or from any one location within the city by one person, the person shall declare the same to the city administrator and, except as otherwise provided in this chapter, shall be required to pay only one license tax therefor, which shall be computed as though all of such businesses were one business.

(Prior Code, § 11-19; Code 1985, § 5.04.200)

Nothing contained in this chapter shall be construed as imposing a license tax on or otherwise regulating or restricting any business which is exclusively engaged in interstate or foreign commerce or any portion of a business which portion is engaged in interstate or foreign commerce, provided that every person claiming to be entitled to such exemption shall file with the city administrator a verified statement disclosing the interstate or other character of the business upon which the person bases their claim for such exemption, in such form as may be required by the city administrator. The city administrator may determine whether the applicant is entitled to the exemption claimed or may refer the same to the city attorney for such determination. The city administrator shall issue to the applicant a license certificate for such business or portion of a business which is entitled to exemption under this chapter without requiring the payment of a license tax therefor.

(Prior Code, § 11-20; Code 1985, § 5.04.210)

Nothing contained in this chapter shall be construed as imposing a license tax on or otherwise regulating or restricting any business which is made exempt therefrom by state law, including any person exclusively engaged in the manufacture, sale, purchase, possession or transportation of intoxicating liquors or as an insurance agent or broker or doing express business on any railroad or stage line or as a telegraph or telephone company, or in the transmission or sale of electricity, or as a bank, including national banking associations, or as a commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in at wholesale.

(Prior Code, § 11-21; Code 1985, § 5.04.220)

A.

Nothing contained in this chapter shall be construed as imposing a license tax on any business or activity conducted or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any person.

B.

No license tax shall be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subject within the city when the receipts of any such activity are to be appropriated to any church or school or to any religious or benevolent purpose.

C.

No license tax shall be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, when the net receipts of any such activity are to be appropriated for the purpose and objects for which profit is not derived, either directly or indirectly, by any individual, firm or corporation, provided that all of the activities mentioned in this section shall be subject to all regulatory measures contained in this Code and all other ordinances of the city.

(Prior Code, § 11-22; Code 1985, § 5.04.230)

Except as otherwise provided in this chapter, no person who otherwise would be required to obtain a license under this chapter shall be required to do so if and so long as the person is an employee, whether for wages, salary, commission or other basis or compensation, of a business duly licensed under this chapter.

(Prior Code, § 11-23; Code 1985, § 5.04.240)

Every operator of an apartment or roominghouse, including the occupant of a private residence, who rents or offers for rent for permanent or transient use for living or sleeping quarters shall be exempt from the provisions of this chapter.

(Prior Code, § 11-24; Code 1985, § 5.04.250)

Every owner or proprietor of rental or lease property, who rents or offers for rent, shall be exempt from the provisions of this chapter.

(Prior Code, § 11-24.5; Code 1985, § 5.04.260)

Every honorably discharged or honorably relieved soldier, sailor or marine of the United States who served in any Indian War, the Spanish-American War, any Philippine insurrection, the Chinese Relief Expedition, World War I, World War II, the Korean War or the Viet Nam War, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this state, may distribute circulars, and hawk, peddle and vend any goods, wares, or other merchandise owned by said soldier except spirituous, malt, vinous or other intoxicating liquor, upon obtaining a license to do so, which shall be issued without cost to said soldier, sailor or marine.

(Prior Code, § 11-25; Code 1985, § 5.04.270; Ord. No. 431, § 4, 1985)

Every applicant for a free license under the provisions of section 5.04.270 shall furnish to the city administrator, before such license may be issued, the following information:

A.

An honorable discharge from the armed services of the United States;

B.

Proof of service in one of the conflicts specified in section 5.04.270;

C.

Proof that the applicant is a registered voter of the state;

D.

A certificate issued by a medical officer of the armed forces or by a physician practicing within the county, within one year prior to the date of application for a license, that the applicant is physically unable to obtain a livelihood by manual labor;

E.

Proof of the applicant's identity as the person named in such documents required in this section.

(Prior Code, § 11-26; Code 1985, § 5.04.280)

• Information required with applications for licenses pertaining to motor vehicles.

Applicants for licenses pertaining to motor vehicles shall file with the city administrator a statement showing the make, body type, motor number, and current state license number of such vehicle, and any license issued under this chapter for such vehicle shall not be transferred to another vehicle without compliance with section 5.04.110.

(Prior Code, § 11-27; Code 1985, § 5.04.290)

The city administrator shall receive and collect all license taxes and penalties that may become due under this chapter and shall prepare and issue a license certificate to every person entitled thereto.

(Prior Code, § 11-28; Code 1985, § 5.04.300)

No regulatory measures contained in this chapter shall be construed as in any way limiting or repealing any other regulatory measures contained in this Code or in any other ordinances of the city. This chapter shall be given concurrent and cumulative effect with such other provisions.

(Prior Code, § 11-29; Code 1985, § 5.04.310)

A.

It is the duty of the city code enforcement officers to observe any violation of section 5.04.020 and to take such action in the matter as may be advisable or necessary.

B.

It is the duty of the city code enforcement officers to obtain from the city administrator on July 1 of each year a record of all businesses then licensed under this chapter and the amount of license tax paid by each, and to go upon the premises of each such business or make other appropriate investigation to observe that all provisions of this Code and other ordinances of the city within the jurisdiction of the police department are being complied with, that the nature of the business is properly stated in the license certificate, and that the license tax therefor is properly computed.

(Prior Code, §11-30; Code 1985, § 5.04.320; Ord. No. 431, § 5, 1985)

Any person intentionally misrepresenting to any official or employee any material fact in procuring any license or paying any license tax shall, upon conviction, be deemed guilty of a violation of this chapter.

(Prior Code, § 11-31; Code 1985, § 5.04.330)

• License taxes and penalties constitute debt to city; license fees set by resolution.

The amount of every license tax imposed under this chapter and the amount of every penalty imposed for violation of this chapter shall be deemed a debt to the city, and any person carrying on any business without first having paid the license tax therefor, if any, shall be liable to an action in any court of competent jurisdiction for the amount of such license tax and all penalties accrued thereon. The amount to be charged as and for license fees shall be set by resolution of the city council. The administrator may prorate licenses for the period beginning on the date of initial issuance to the date of the start of the next annual period.

(Prior Code, § 11-32; Code 1985, § 5.04.340; Ord. No. 431, § 6, 1985; Ord. No. 478, § 2, 1995)

The conviction of any person for engaging in any business without first obtaining a license to conduct such business or paying a license tax therefor shall not relieve such person from paying the required license tax to conduct such business, nor shall the payment of any license tax prevent a prosecution for the violation of any of the provisions of this chapter. All remedies prescribed for the violation of this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

(Prior Code, § 11-33; Code 1985, § 5.04.350)