Brawley Municipal Code Art. I In General

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 any body corporate, or as an officer of any corporation, or otherwise, to commence or carry on any business, show, exhibition or game specified by this chapter, in the city without first having procured a license from the city to do so or without complying with any and all regulations of such business, show, exhibition or game contained in this chapter and the carrying on of any business, show, exhibition or game mentioned in this chapter without first having procured a license from the city so to do, or without complying with any and all regulations of such business, show, exhibition or game contained in this chapter shall constitute a separate violation of this chapter for each and every day that such business, show, exhibition or game is so carried on.

(Ord. No. 337, §1.)

The amount of any license imposed by this chapter shall be deemed as a debt to the city and any person carrying on any business, show, exhibition or game mentioned in this chapter without having 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 for the amount of the license imposed by this chapter on such business, show, exhibition or game.

(Ord. No. 337, §2.)

Before any license is issued to any person, such person shall make written application therefor to the city clerk. Such application must state the nature or kind of business, show, exhibition or game for which the license is required, the place where such business, show, exhibition or game will be carried on or conducted, the name of the owner of the business, show, exhibition or game and must be signed by the applicant. In cases where such business, show, exhibition or game is not to be conducted or carried on at a permanent place of business in the city, then such application shall state the residence of the owners of such business, show, exhibition or game.

(Ord. No. 337, §3.)

No license shall be issued to any corporation unless its articles of incorporation, or a certified copy thereof, are filed in the office of the county clerk or in the office of the city clerk.

(Ord. No. 337, §3.)

No license shall be issued to any person conducting or carrying on any business, show, exhibition or game under a fictitious name unless an affidavit be filed in the office of the county clerk or in the office of the city clerk showing the true names of the owners of such business; provided, however, that such license may be issued in the true names of the owners of such business, show, exhibition or game without the filing of such affidavit.

(Ord. No. 337, §4.)

Upon application for a license as provided by section 16.3 of this Code, it shall be the duty of the city clerk to prepare and issue a license under this chapter, and to state in each license the amount thereof, the period of time covered thereby, the name of the person to whom issued, the business, show, exhibition or game licensed and the location or place of business where such business, show, exhibition or game is to be carried on. The city clerk shall deliver all such licenses to the city license collector for collection.

(Ord. No. 337, §4.)

No license granted or issued under any provision of this chapter shall be in any manner transferred or assigned, or authorize any person other than is therein mentioned or named to do business without the written consent of the city clerk endorsed thereon. At the time any such business is assigned or transferred, the person applying for such transfer shall make application for a license as provided for in section 16.3 of this Code.

(Ord. No. 337, §4.)

The city clerk shall make a charge of fifty cents for each duplicate license issued to replace any license issued under the provisions of this chapter which has been lost or destroyed.

(Ord. No. 337, §4.)

In no case shall any mistake made by the city clerk in stating the amount of a license as to prevent or prejudice the collection by the city of what shall be actually due from any person carrying on a business, show, exhibition or game subject to a license under the provisions of this chapter.

(Ord. No. 337, §4.)

The holder of a license for the operation and conduct of any business required to be licensed under the provisions of this chapter may operate and conduct the same type of business as that licensed in different locations or branches under the same license; provided, however, that when the amount of such business license tax is based upon the gross receipts of such business or the number of employees of such business, the gross receipts or the employees of all such locations and branches shall be cumulated for purposes of computing the amount of business license.

(Ord. No. 337, §5; Ord. No. 544, §1.)

All licenses under this chapter shall be paid in advance in lawful money of the United States at the office of the city license collector.

(Ord. No. 337, §5.)

Monthly licenses shall be due and payable to the city clerk on the first of each month, in advance, from all persons who have for the previous month been licensed to carry on the same business, show, exhibition or game and from all persons who have not been licensed for the previous month for the same business, show, exhibition or game.

Quarterly licenses shall be due and payable to the city on the first day of January, April, July and October, and all such licenses shall expire with the last day of March, June, September and December of each year; provided, however, that any person, desiring to do so may pay for and procure all four quarterly licenses at the time the first quarterly license becomes due and payable.

Daily and weekly licenses shall be due and payable to the city in advance.

Semi-annual licenses shall be due and payable to the city at the times specified in this chapter, respectively, or when not so specified, on the first day of January and July of each year.

Annual licenses shall be due and payable to the city at the times specified in this chapter, respectively, or when not so specified, on the first day of January of each year.

No greater or less amount of money shall be charged or received for any license and no license shall be sold or issued for any part of time other than is provided in this chapter.

(Ord. No. 337, §5.)

Every person having a license issued under the provisions of this chapter and carrying on a business, show, exhibition or game at a fixed place of business shall keep such license posted and exhibited while in force in some conspicuous part of the place of business. Every person having such a license, and not having a fixed place of business, shall carry such license with him at all times while carrying on the business, show, exhibition or game for which the same was granted. Every person having a license shall produce and exhibit the same when applying for a renewal thereof and whenever requested to do so by any police officer or any officer authorized to issue, inspect or collect licenses.

(Ord. No. 337, §6.)

Every person driving, operating or having control of any wagon, cart or other vehicle, or using or controlling any tray, basket or other receptacle for which a license is required, shall procure from the city clerk a metal device hereby designated as a "license holder" which shall be of such size that the ordinary license issued under the provisions of this chapter may be easily inserted and held therein under a transparent face.

The city clerk shall make a charge of twenty-five cents for each "license holder" issued under the provisions of this section.

Such "license holder" must be firmly attached to and carried on the right-hand side of the wagon, cart or other vehicle, or on the outside of the tray, basket or other receptacle in such manner that the license inserted therein shall be plainly visible, whether the vehicle is in motion or not, or whether the receptacle is being carried or is stationary.

When a "license holder" is procured from the city clerk and attached to any wagon, cart, tray, basket or other vehicle or receptacle, the current licenses for such wagon, cart, tray, basket or other vehicle or receptacle must be inserted and kept in such "license holder" at all times during the term of the license as specified therein.

It shall be unlawful for any person to place or keep any license in any such "license holder" after the expiration of the term for which the license is granted, and it shall be unlawful for any person except the licensee or his authorized agent to take or remove from any such "license holder" any license therein contained.

(Ord. No. 337, §7.)

All police officers are hereby appointed inspectors of licenses and in addition to their several duties as police officers are hereby required to examine all places of business and persons in their respective beats liable to pay a license and shall see that such licenses are taken out. They shall have and exercise the power:

1. To make arrests for the violation of any of the provisions of this chapter.

2. To enter free of charge, at any time, any place of business for which a license is required by this chapter and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business and if such person shall then and there fail to exhibit such license, such person shall be liable to the penalty provided for a violation of this chapter.

It is hereby made the duty of the police officers to cause complaints to be filed against all persons violating any of the provisions of this chapter.

Such police officers as such inspectors of licenses shall make out once a month a list of persons carrying on businesses within their respective beats and having no license, with their addresses, and shall deliver such list carefully and legibly written to the city clerk and shall also report to the city clerk the names of all such persons doing business without a license immediately upon the fact coming to their knowledge.

Any police officer failing or neglecting for more than thirty days to report any person who is engaged in carrying on business without having paid the required license shall be guilty of neglect of duty, and shall be either suspended from duty or dismissed from the police force, in the discretion of the city council.

(Ord. No. 337, §8.)

The chief of police is hereby directed to carry into effect the provisions of this chapter and he is hereby designated the city license collector.

(Ord. No. 337, §8.)

The city clerk is hereby empowered, authorized and directed to issue a license without cost to all persons properly and legally qualified therefor under the provisions of section 16001 of the Business and Professions Code of the state; provided, however, that the city clerk shall, before issuing any such license, receive the approval therefor of the chief of police, acting as tax and license collector.

(Ord. No. 338, §1.)

5. For state law as to persons exempted from license charges, see B. & P. C., §§ 16001 and 16002.

The conviction and punishment of any person for transacting any business, show, exhibition or game without a license shall not excuse or exempt such person from the payment of any license 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.

(Ord. No. 337, §9.)

In all cases where the amount of a license fee to be paid by any person is based upon the amount of receipts of sales or of business transacted, or upon the number of men employed, or upon the number of wagons or other vehicles used, or upon the amount of the maximum admission fee charged, or upon the number of tables used for any game, or upon the number of rooms in any building, such person shall, before obtaining a license for his business and within ten days after the beginning of each license period, if such business is established or in operation during any part of such ten days, render to the city clerk for his guidance in ascertaining the amount of license to be paid by such person a written statement sworn to before some officer authorized to administer oaths, showing the total amount of receipts of sales or of business transacted during the calendar year next preceding the date of such statement or the average daily number of men employed by such person during the license period next preceding the date of such statement, or the number of wagons or other vehicles used or the amount of the maximum admission fee charged, or the number of tables used for any game by such person or the number of rooms contained in such building, at the date of such statement; provided, however, that where the quarterly license to be paid under any section of this chapter is based upon the gross annual receipts or of business transacted, or the gross annual commission or fees received or collected, only one such statement need be filed during any calendar year, which statement shall be filed at the time the first quarterly license is procured, and the license to be paid for the succeeding quarterly periods of the year in which such statement is filed shall be determined by and be based upon the statement filed at the time the first quarterly license is procured.

No such statement shall be conclusive upon the city or upon any officer thereof as to the matter therein set forth, and the same shall not prejudice the right of the city to recover any amount that may be ascertained to be due from such person in addition to the amount shown by such statement to be due in case such statement should be found to be incorrect. If any person hereby required to make any such statement shall fail to do so, such person shall pay a license at the maximum rate prescribed by this chapter for the business, show, exhibition or game carried on by such person and shall be guilty of a violation of this chapter; provided, however, that in any case where the first license is to be issued for a newly established business, no statement need be made at the time such license is issued of the amount of receipts of sales or business transacted, and the minimum rate prescribed in this chapter shall be paid at the time such first license is issued for any such newly established business, the amount of license for which is regulated by the amount of receipts or sales of the business transacted. At the end of the year during which the operation of such business is commenced, the license tax for the preceding period shall be ascertained and paid. The amount of such tax shall be ascertained by dividing the amount of the gross sales or receipts of such business by the number of days during which such license has been in force and multiplying the result by three hundred sixty-five and applying such result to the license rate applicable thereto to determine the amount of license tax and from this amount deduct the amount previously paid. Such gross receipts so determined shall be the basis of the license tax for the next succeeding year.

(Ord. No. 337, §10.)

The city clerk shall at the hour of 5:00 P. M. of the tenth day of every month, add to all monthly licenses remaining unpaid, a penalty of ten per cent on each delinquent monthly license; at the hour of 5:00 P. M. on the last day of the first month in which any quarterly license may be due, add to all such quarterly licenses remaining unpaid, a penalty of ten per cent, on each delinquent quarterly license; and at the hour of 5:00 P. M. of the last day of the first month in which any semiannual or annual license may be due, add to all such semiannual and annual licenses remaining unpaid a penalty of ten per cent, on each delinquent semiannual or annual license, and shall enter the same upon the licenses and upon his books and shall not issue any such license except on payment of the original license fee plus the ten per cent penalty.

(Ord. Nos. 337, §11; 407, §1.)

The city license collector shall deposit daily with the city treasurer all moneys collected by him for licenses issued, and shall on or before the third Monday of each month report the amount of delinquent and uncollected licenses for the preceding month to the city council.

(Ord. Nos. 337, §11; 407, §1.)

The city council may for good cause remit or refund any license fee collected under the provisions of this chapter either in whole or in part.

(Ord. No. 337, §13.)

Any license issued pursuant to the provisions of this chapter may be revoked for good cause by the city council; provided, that notice by the city clerk requiring him to appear before the city council to show cause why such license should not be revoked, shall have been mailed to such license by the city clerk at the address given on his application for such license at least five days prior to the date therein fixed; provided further, that good cause for the revocation of such license shall be deemed to exist when by reason of unsanitary conditions, noise, disturbances or other conditions, a public nuisance shall be created, or the public health, safety or welfare shall be injuriously affected and the determination of the city council that good cause for revocation of such license exists, shall be deemed conclusive.

(Ord. No. 337, § 115.)

In the event that any person is conducting, managing or carrying on two or more businesses licensed by this chapter at the same location and under the same management, the license tax to be paid by such person shall be the highest tax provided for by this chapter for only one of such businesses; provided, however, that in such cases where the license tax on one or more of such businesses is based upon the gross annual receipts of such business and the license tax on one or more of such businesses is fixed at a definite amount, then the license tax shall be paid according to the provisions of this chapter providing for a license tax based upon such gross annual receipts, and the receipts of the business upon which the license tax is fixed at a definite amount shall be included in the gross annual receipts for the business upon which the license tax is based upon the gross annual receipts, unless the tax upon any one of such businesses be greater in amount than the license tax of the business upon which the license tax is based upon the gross annual receipts and in that event the license tax paid shall be the highest license tax upon any one of such businesses upon which the license tax is fixed at a definite amount; provided further, that in such cases where the license tax upon two or more of such businesses is based upon the gross annual receipts of such business, then separate licenses shall be issued for each such business, and the license tax paid upon each of such businesses in accordance with the amount of gross annual receipts of each such business.

(Ord. No. 337, §113.)

In any event, any person conducting any business licensed under the terms of this chapter providing for the payment of a license tax based upon volume of business, number of persons employed, number of vehicles used or other basis shall make and file the verified statements provided for in this chapter, except as otherwise provided.

(Ord. No. 337, §114.)

The provisions of this chapter shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, occupation or activity, or require the payment of any license from any institution or organization which 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 any individual, firm or corporation; nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school, or to any religious or benevolent purpose within the city.

(Ord. No. 337, §114.)

Upon the issuance of any license under the provisions of sections 16.83, 16.115 and 16.116 of this Code, the applicant therefor shall notify the city clerk of the location of each table, machine, device or game, and in the event of any change in such location, then the licensee shall notify the city clerk or the city license collector of such change.

(Ord. No. 337, §55.)