Calexico Municipal Code Ch. 5.24 Enforcement

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

A. Make arrests for the violation of any of the provisions of Chapters 5.04 through 5.24;

B. Enter, free of charge, at anytime any place of business, show, exhibition or game for which a license is required by Chapters 5.04 through 5.24, and to demand for inspection such license for the current term for any person, firm or corporation engaged or employed in the transaction of such business. If such persons shall then and there fail to exhibit the license, such persons shall be liable for the violation of Chapters 5.04 through 5.16 and 5.24.

(Prior code § 2151)

The conviction and punishment of any person, firm or corporation having transacted 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. Nothing contained in this chapter shall prevent a criminal prosecution for any violation of Chapters 5.04 through 5.24.

(Prior code § 2152)

A. In all cases where an amount of license to be paid by any person, firm or corporation is based upon the amount of receipts or sales of the business transacted, or upon the number of persons employed, or upon the number of vehicles used, or upon the number or rooms or beds used in such business, or upon the amount of the maximum admission fee charged, such person, firm or corporation shall, before obtaining a license for his or its business and within ten days after the beginning of each license period after 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, firm or corporation a written statement sworn to before some officer authorized to administer oaths which shows:

1. The total amount of receipts of sales or of business transacted during the calendar year next preceding the date of such statement; or

2. The average daily number of persons employed by such person, firm or corporation during the license period or next preceding the date of such statement; or

3. The number of vehicles used, or the amount of the admission fee charged by such person, firm or corporation, or the number of rooms or beds contained in such building, or in such business at the time of such statement.

B. Where a quarterly or monthly license to be paid under any section of Chapters 5.04 through 5.24 is based upon the gross annual receipts of the business transacted, only one such statement need 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 said statement is filed shall be determined by and based upon the statement filed at the time the first quarterly license is procured.

(Prior code § 2153)

No such statement as required by Section 5.24.030 shall be conclusive upon the city, or upon any officer thereof, as to matters 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, firm or corporation in addition to the amount shown by such statement, in case such statement should be found to be incorrect.

(Prior code § 2154)

If any person, firm or corporation required to make any such statement as required by Section 5.24.030 fails to do so, such person, firm or corporation shall pay a license fee at the maximum rate prescribed in this title for the business, show, exhibition or game carried on by such person, firm or corporation and shall be guilty of a violation of Chapters 5.04 through 5.24 and be punishable therefor as provided in this code.

(Prior code § 2155)

If a license provided for in this chapter is not paid on or before the thirty-first day of January following the date when it becomes due, as provided in this chapter, then a penalty in an amount equal to ten percent of the license fee due and payable shall be added effective February 1 of that year. An additional ten percent will be added on the first day of each additional month the fee remains unpaid, but in no case will the penalty exceed fifty percent of the amount of the license fee due. No license shall be issued until such penalty has been paid. In addition thereto, such delinquent licensee shall be liable for prosecution and the penalty provided for failure to pay the license as required by this chapter.

(Ord. 1040 § 2, 2006: prior code § 2156)

(Ord. No. 1124, § 2, 11-16-10)

The city license collector shall deposit daily with the finance director/city treasurer all moneys collected by him or her for licenses issued and shall, on or before the seventh day of each month, report the amount thereof together with the amount of delinquent and uncollected licenses for the preceding month to the city council.

(Prior code § 2157)

(Ord. No. 1145, § 1(FF), 10-2-2012)