Butte County Municipal Code Art. I In General

A license must be procured immediately before the continuance or the commencement of any business, exhibition or occupation or the doing of any act liable to license fee as herein provided, from the tax collector of this county, which license shall authorize the party obtaining the same to transact the business described in such license for the period named therein in his particular locality in the county. A separate license must be obtained for each branch establishment or separate house or place of business located in this county provided that nothing herein shall be construed to prevent the board of supervisors from granting any license herein enumerated without charging or collecting a fee therefor.

(Ord. No. 677, § 2)

The licensing provisions of this chapter shall not apply to any business or activity herein referred to, the entire net proceeds of which inure to the benefit of any charity or other wholly nonprofit group or organization.

(Ord. No. 677, § 2)

All sums of money for licenses provided for in this chapter are due and payable in advance at the office of the county tax collector and all licenses herein provided for may be issued for any period not exceeding one year and not less than the period for which a license fee is fixed.

(Ord. No. 677, § 2)

Each license issued shall state the name of the person to whom and the kind of business and the location for which the same is issued, the date of issuance, the license period for which issued and the amount received therefor and refer to this division and be signed by the tax collector. Each license shall expire at the time fixed in such license issued by the tax collector.

(Ord. No. 677, § 2)

The periods of all monthly licenses shall begin on the first day of each calendar month and the periods of all quarterly licenses shall begin on the first days of January, April, July and October and where a new license is issued after the beginning of any quarter a pro rata deduction shall be made in the amount of the fee therefor for each whole calendar month that has expired since the beginning of such quarter up to the time when the licensed business was commenced.

(Ord. No. 677, § 2)

The county auditor must prepare and have printed in proper form blank licenses in triplicate to he used for all county licenses. The triplicate copy shall he returned to the auditor, showing to whom, for what business, at what place and the date and time for which such license is issued and the amount received therefor.

(Ord. No. 677, § 2)

The auditor must number and sign all licenses from time to time, and deliver them to the tax collector of the county in such quantities as may be required by him, taking a receipt therefor from the tax collector, and charging such tax collector with the same, making an entry of the numbers thereof.

The auditor must keep the necessary and proper books, listing therein all licenses delivered to the tax collector and issued or returned by him.

(Ord. No. 677, § 2)

It shall be the duty of the tax collector to collect all license fees, and to perform such other duties as are prescribed by this Code.

It shall be the duty of the tax collector to cause suit to be brought in the name of the county as plaintiff for the recovery of any license fee herein imposed against any person required by this chapter to first procure a license before engaging in any business, as herein defined, who carries on or attempts to carry on such business without such license.

(Ord. No. 677, § 2)

On the first business day of each month the tax collector shall make a report to the auditor of all license money collected by him for the preceding month.

(Ord. No. 677, § 2)

The auditor shall check up the report of fees collected with the unused license blanks filed in the office of the tax collector. The tax collector must deposit the money so collected with the county treasurer and take duplicate receipts therefor one of which he shall file with the auditor. The auditor must thereupon credit the collector and charge the treasurer therewith.

(Ord. No. 677, § 2)

Every license granted under this chapter is granted and accepted by all parties receiving such license with the express understanding that the board of supervisors may revoke the same or the order for the issuance thereof at any time when it appears to the board of supervisors that any state of facts exists upon which it would be authorized to deny an application for such license or that the person to whom such license was issued or any of his agents, servants or employees or any other person in charge of or employed about the business for which such license was issued, has violated or been convicted of violating any of the conditions of the license or terms of this Code, or of any law of the state, now or hereafter in force, regulating the occupation or business for which such license is issued or that the license was obtained by fraudulent representations or that the holder of the license is an unfit person to be trusted with the privileges granted by the license or has conducted his business in an immoral or disorderly manner; provided, however, that no license shall be revoked without giving the holder thereof an opportunity to appear before the board of supervisors in his own behalf. On the revocation of the license no part of the money in the hands of the tax collector shall be returned, but such license fee shall be forfeited to the county. Notice of such revocation shall be given to the tax collector by the clerk of the board.

(Ord. No. 677, § 2)

When a license of any person is revoked for any cause, no new or other license for the same business, occupation or exhibition shall be granted to the same person within six months from the date of such revocation.

(Ord. No. 677, § 2)

Every person having a license under the provisions of this chapter and carrying on a business, exhibition or occupation 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, exhibition or occupation for which the same was granted. Every person having a license under the provisions of this chapter shall produce and exhibit the same when applying for a renewal thereof and whenever requested to do so by any peace officer or officers authorized to issue, inspect or collect licenses.

(Ord. No. 677, § 2)

When the terms used in this chapter designate the principal the same shall be construed to mean and include the clerks, agents, servants, representatives and employees of such principal, it being the intention hereby to license the business and not separate or individual acts, except as herein otherwise provided.

(Ord. No. 677, § 2)

Any applicant for a license may be examined under oath and any competent evidence may be adduced as to who is the real party in interest. If the Board of Supervisors is satisfied that the application is not in the interest of the party in whose name the application is made, it may refuse to grant the license and if found to be in interest of one who has already been refused a license, it may treat the application as if made by the real party in interest and the application shall have the same effect against any future application as if it had been made in the name of the real party in interest.

(Ord. No. 677, § 2)

No person who has been once refused a license or has failed to prosecute his application therefor by reason of a protest being filed shall be granted a license for the same business, occupation or exhibition upon a second application made within six months after the first application and no person shall be granted a license upon any application after having been twice refused by reason of such protest.

(Ord. No. 677, § 2)

Conviction and punishment for transacting any occupation, calling, profession or amusement required to be licensed, shall not excuse or exonerate any such person from the payment of any license unpaid or due at the time of such conviction and nothing herein contained shall prevent a criminal prosecution for the violation of any provision of this section.

(Code 1952, § 93)

All members and officers of the constabulary department of the county are hereby appointed inspectors of licenses and in addition to their several other duties are required to examine all places of business in their respective jurisdiction liable to pay a license and to see that such licenses are taken out and the license fee paid and they shall have and exercise the right to make arrests for the violation of any of the provisions of this section.

(Code 1952, § 93)