Brisbane Municipal Code Ch. 5.12 License Requirements and Exemptions

It is unlawful for any person, whether for himself/herself or for any other person, to commence or carry on any business in the city without first having procured a license from the city so to do, or without complying with Chapters 5.04 through 5.24.

(Ord. 232 § 3-1, 1977).

A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each separate unrelated type of business at the same location, and each license shall authorize the licenses to transact and carry on only 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 licensed under the provisions of Chapters 5.04 through 5.24 shall not be deemed to be separate places of business or branch establishments.

(Ord. 232 § 3-2, 1977).

The provisions of Chapters 5.04 through 5.24 shall not apply to the publication and sale of newspapers intended primarily for the dissemination of news, having a bona fide list of subscribers residing within the city and published at regular intervals of not less than once per month.

(Ord. 232 § 8-1, 1977).

The provisions of Chapters 5.04 through 5.24 shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by an individual; nor shall any license tax be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the city 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; nor shall any license tax 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 whenever the receipts of any such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual.

(Ord. 232 § 8-2, 1977).

Any public utility subject to regulation by the California Public Utilities Commission and making payment to the city under the terms of a franchise, or similar agreement, shall be exempt from the provisions of Chapters 5.04 through 5.24.

(Ord. 232 § 8-3, 1977).

Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in Chapters 5.04 through 5.24 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 collector, 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 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 application for the information of the license collector.

(Ord. 232 § 4-7, 1977).

Provisions of Chapters 5.04 through 5.24 shall not be construed to require a regulatory license or impose a regulatory license fee with respect to cafe musicians to the extent that the city may be prohibited from doing so pursuant to Section 16000.5 of the California Business and Professions Code, nor shall Chapters 5.04 through 5.24 be construed to require a license fee for the privilege of auctioning real estate from any real estate auctioneer, whose business is limited exclusively to auctioning real estate, unless said auctioneer's permanent place of business is located in the city. This latter restriction pertaining to real estate auctioneers is intended to reflect the limitations imposed upon the city by Section 16002.1 of the California Business and Professions Code.

(Ord. 261 § 22, 1980: Ord. 232 § 8-4, 1977).

Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in Chapters 5.04 through 5.24 upon the ground that he is an honorably discharged or released soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor and who is a qualified elector of the state, as provided or hereafter to be provided by Section 16001 of the Business and Professions Code or other law of the state, shall in addition to the information required by Chapter 5.16 also file with the license collector a certificate of a regularly licensed and practicing physician dated within a month of the application, to the effect that the applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of the incapacitation.

(Ord. 232 § 4-8, 1977).