Blythe Municipal Code Ch. 5.02 Business Licenses

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Business" means professions, trades, occupations and all and every kind of calling carried on for a profit or livelihood.

B. "Employee" means all persons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor and any and all other persons employed or working in such business.

C. "Place of business" means a place of business in the city regularly kept open, for the transaction of the particular business engaged in during the hours customary to transacting such business.

D. "Retail business" means every business conducted for the purpose of selling, or offering to sell, any goods, wares or merchandise, other than as a part of wholesale business as defined in this section.

E. "Vehicle" means and includes every device in, upon, or by which any person or property is or may be transported or drawn upon a public street or highway except devices moved by human power or used exclusively upon stationary rails or tracks.

F. "Wholesale business" means every business conducted solely for the purpose of selling goods, wares or merchandise in wholesale lots to retail merchants for resale at retail to the trade by such retail merchant.

(Ord. 629 § 4 (part), 1986)

This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation.

(Ord. 629 § 4 (part), 1986)

Persons required to pay a license fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license fee for the privilege of doing such business required under any other provision of this code or ordinance of the city, and shall remain subject to the regulatory provisions of other ordinances.

(Ord. 629 § 4 (part) , 1986)

Neither the adoption of the ordinance codified in this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect the prosecution for violation of any other provision of this code or ordinance committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license or any penal provision applicable to any such violation, 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 appertaining shall continue in full force and effect.

(Ord. 629 § 4 (part), 1986)

No license issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business.

(Ord. 629 § 4 (part), 1986)

A. There are imposed upon the businesses, trades, professions, callings and occupations specified in this chapter license fees in the amount hereinafter prescribed. It is unlawful for any person to 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, or without complying with any and 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 city if such requirement conflicts with applicable statutes of the United States or of the state of California.

(Ord. 629 § 4 (part), 1986)

A separate license must be obtained for each branch establishment or location of the business transacted and carried on and each license shall authorize the licensee to transact and carry on the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business license under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.

(Ord. 629 § 4 (part), 1986)

If two or more businesses are conducted on the same premises by the same person and such businesses are within the same classification as designated hereafter in Section 5.02.300 only one license shall be required. Conversely, if the businesses are within several classifications, one license shall be required for each business not within the same classification.

(Ord. 629 § 4 (part), 1986)

Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States of America or of the state of California from payment of such fees as are herein prescribed.

(Ord. 629 § 4 (part), 1986)

No public utility, making franchise payments to the city under the provisions of an unexpired franchise, shall be subject to the provisions of this chapter with respect to the business or activity conducted pursuant to the terms of such unexpired franchise.

(Ord. 629 § 4 (part), 1986)

Exemptions from business licensing requirements and fees are granted to residents who market handmade craft items and food items while participating in festivals and bazaars sponsored by nonprofit and service organizations.

(Ord. 732 § 1, 1996)

No license issued pursuant to the provisions of this chapter shall be transferable; provided, however, that where a license is issued authorizing a person to transact and carry on a business at a particular location, such licensee may upon written application therefor, and after paying a fee for location transfer as set by resolution of the city council, have the license amended to authorize the transacting and carrying on such business under such license at the location to which the business has transferred.

(Ord. 629 § 4 (part), 1986)

A duplicate license may be issued by the finance director, or his assistant(s) to replace a license which has been previously issued and which license has been lost or destroyed or if a particular business requires a second copy, provided a written statement is filed stating such fact and upon payment of a duplicate license fee as set by resolution of the city council.

(Ord. 629 § 4 (part), 1986)

A. A license which is issued for the transacting of business at a fixed location must be posted in a conspicuous place at the location for which it is issued.

B. A license which is issued for the transacting of business for other than a fixed location must be kept in the possession of the person transacting business for which the license is issued.

(Ord. 629 § 4 (part), 1986)

A. The determination of which business(es) or class of business(es) in which a licensee or applicant for a license is engaged shall be an administrative function of the finance director or his assistant(s).

B. If an applicant for a license believes that he is placed in the incorrect classification he may, within three months from the date of issuance of a license, file an appeal with the finance director who will cause an investigation to take place and shall notify the person filing the appeal within thirty days of his decision.

(Ord. 629 § 4 (part), 1986)

Should it appear that a licensee has overpaid the amount of business license fee to which the city is entitled under the provisions of this chapter, such overpayment shall be applied against any subsequent liability hereunder, or at the written request of the licensee such overpayment may be refunded.

(Ord. 629 § 4 (part), 1986)

A. Every person, firm, corporation or company required to have a license under the provisions of this chapter shall make application for same on a form provided by the license department and upon approval of the application shall pay the prescribed fees as determined by the finance director or his assistant. The license shall contain the following information:

1. The name of the business licensed;

2. The address where the business will be transacted;

3. The date of expiration of such license; and

4. Such other information as the finance director deems necessary and appropriate.

B. No license shall be issued until all required fees have been paid.

(Ord. 629 § 4 (part), 1986)

Upon application for the first license to be issued for a new business the license fee shall be divided by twelve and the fee for the new business shall then be determined by multiplying that number by the number of months remaining in the calendar year. There shall be no other prorating of fees.

(Ord. 629 § 4 (part), 1986)

Any person aggrieved by a decision of the finance director or his assistant(s) with respect to the classification of such person's business, or with respect to the issuance or refusal to issue a license, may appeal to the city manager in writing for a review and decision. Said appeal must be filed within thirty days of either the issuance of a license or, in the case of denial, within thirty days of notice of the denial is placed in the mail. If further appeal is required the person shall file a notice of appeal with the city clerk within fifteen days of the city manager's decision. The city clerk shall present the notice to the city council and the council shall set a time and place for hearing such appeal.

(Ord. 629 § 4 (part), 1986)

Unless otherwise specifically provided, all license fees required under the provisions of this chapter shall be due and payable as follows:

A. Annual license fees shall be due on January 2nd of each year; provided, however, that license fees for new businesses starting operation after January 2nd shall be due and payable prior to the start of business of said new business.

B. Monthly license fees shall be due the first day of the month for which they are issued.

C. Daily license fees shall be due prior to or on the day for which it is issued and prior to the commencement of business.

(Ord. 629 § 4 (part), 1986)

If said license fees as provided by this chapter are not paid within thirty days from the due date there shall be added a ten percent penalty on the thirty-first day after the date due and an additional ten percent penalty on the first of each month thereafter until paid provided that such combined penalty shall not exceed fifty percent of the license fee to which it is added.

(Ord. 629 § 4 (part), 1986)

License fees which are required by this chapter shall be set by resolution of the city council.

(Ord. 629 § 4 (part), 1986)

For the purpose of determining the license fee payable businesses, trades and professions are classified as follows:

Class A. Personal services, professional services, medical services;

Class B. Print shops;

Class C. Building trade contractors;

Class D. Equipment sales, car sales, lumber yards, building materials sales, hardware stores;

Class E. Entertainment and recreational facilities, except skating rinks;

Class F. Skating rinks;

Class G. Mobile home, recreational vehicle spaces;

Class H. Hotels, motel, boarding houses;

Class I. Retail sale businesses unless expressly provided for elsewhere in this section including restaurants, cocktail lounges;

Class J. Pharmacy/drug stores;

Class K. Taxicabs, human transportation services;

Class L. Card tables;

Class M. Pool tables;

Class N. Vending machines, amusement games and devices when not owned by a firm whose business is limited exclusively to renting, leasing or operating coin-operated vending machines as provided for elsewhere in this code;

Class O. Juke boxes when not owned by a firm whose business is limited exclusively to renting, leasing or operating coin-operated vending machines as provided for elsewhere in this code;

Class P. Circuses, carnivals, arcades, tent shows and similar events;

Class Q. Secondhand stores/dealers;

Class R. Amplifier installation or television multipliers;

Class S. Transient merchants except meat and fish sales;

Class T. Transient merchants—meat and fish sales;

Class U. Photographers;

Class V. Bankruptcy/fire sales;

Class W. Businesses not otherwise classified;

Class X. Transient single amusement ride operators;

Class Y. Special event facility.

(Ord. 762 § 1, 2000; Ord. 733 § 1, 1997; Ord. 629 § 4 (part), 1986)

The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city and any person carrying on any business without first having procured a license from the city so to do shall be liable to an action in the name of the city in any court of competent jurisdiction, and for the amount of the license fee and penalties imposed upon such business.

(Ord. 629 § 4 (part), 1986)

A sign or advertisement kept, exhibited or published indicating that any person is engaged in a business, trade or profession for which a license is required hereunder, or shall hereafter be required or for the performance of services for which a charge is made or compensation accepted, shall be prima facie evidence that such person is engaged therein.

(Ord. 629 § 4 (part), 1986)

The city council may suspend, revoke, withdraw or discontinue any license granted under the provisions of this chapter whenever it has reason to believe that the business conducted thereunder by the licensee, his, their or its servants or employees, is a nuisance, a menace to public health, or detrimental to the peace and morals of the city, or that violations of the laws of the state or the city have been committed or are being permitted to be committed upon the premises where such business is being conducted. Such suspension, revocation, withdrawal or discontinuance shall be by resolution of the city council.

(Ord. 629 § 4 (part), 1986)

All remedies prescribed hereunder 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 of this chapter.

(Ord. 629 § 4 (part), 1986)

A. It shall be the duty of the finance director to enforce each and all of the provisions of this chapter and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the finance director and/or the city council.

B. The finance director, his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein and demand an exhibition of its license. Any person having such license in his possession, or having access to such license, who wilfully fails to exhibit the same on demand shall be guilty of a misdemeanor.

(Ord. 629 § 4 (part), 1986)