California City Municipal Code Div. 2 Business Licenses

It shall be unlawful for a person to commence, maintain, conduct, or carry-on a business within the City without having first obtained a license as provided in this Chapter. It shall be unlawful for a person to conduct or assist in conducting such business after the date of such suspension or revocation without having again procured a license to do so as provided in this division.

The following terms are defined for the purposes of this division:

(a) "Business" means that which occupies the time, attention, and labor of a person for the purpose of livelihood or profit.

(b) "Doing business" means the exercise of some of the functions, or the carrying on, of business to the extent of the performance of an act giving rise to some legal obligation. Doing business includes acts which are compensated or reimbursed by donations or contributions in due course where they are the chief source of such livelihood or profit.

(c) "Person" means and includes a person doing business under a fictitious name, association of individuals, partnerships, clubs, firms and corporations.

(a) A person desiring to obtain a business license shall file a written application with the City Clerk. The applicant may request licenses for more than one business if such businesses are to be conducted at the same place. Individual licenses shall be issued for each business. The applicant for a business license shall simultaneously apply for a separate sign permit for each sign associated with the business.

(b) Applications shall contain the following information:

(1) The name and place of residence of the applicant, if a natural person, and the name and business of the applicant, if a corporation;

(2) Where the applicant proposes to conduct such business. If the business will not be conducted at a fixed place, the territory to be covered;

(3) The nature of the business and, if more than one kind of business is proposed, each kind of business the applicant desires to operate;

(4) A statement the applicant is the only person interested in conducting such business;

(5) If known, a statement of the name and address of the owner and the names and addresses of lessees sharing the premises;

(6) A statement whether a license or order authorizing a license formerly issued to such applicant or agent, or person interested in such business has been canceled or revoked by the City;

(7) The applicant's resale tax permit number or numbers, if any;

(8) Every employer who applies for a license or renewal shall provide proof of compliance with workers' compensation laws; and

(9) If the applicant is subject to the licensure requirements of the Business and Professions Code, the applicant shall sign a statement that the applicant is duly licensed under the Business and Professions Code.

(c) Suitable application forms for original applications and renewal forms for the renewal of existing licenses shall be furnished by the office of the City Clerk.

(d) Applications shall be verified by the oath of the applicant, if a natural person, of by the oath of one of the officers of the corporation, if a corporation, in the same manner as pleadings in civil actions in the State are required to be verified.

(Ord. No. 10-686, 3-16-2010)

(a) The City Clerk may make such investigation of the application as necessary. The City Clerk may grant or deny such application.

(b) If the application is denied, the City Clerk shall inform the applicant by mail, setting forth the basis of the denial.

(c) The applicant may appeal the denial of the application by requesting hearing before the City Council, pursuant to Title 1 of this Code.

(a) The license shall distinctly specify it is subject to suspension, cancellation, or revocation and shall distinctly show the date of expiration. The license may be used as an annual license, certifying the payment of the full annual license fee.

(b) Licenses shall be issued for the fiscal year July 1 through June 30, provided in this chapter, or upon the death of the licensee, whichever occurs first.

(Ord. No. 05-628, 7-19-2005)

Licenses shall be renewable on the first day of each fiscal year, without demand. License fees shall be paid to the City Clerk.

The person conducting a business shall post the license in a conspicuous place at the place of business.

(a) The City Clerk shall revoke or suspend the license if the licensee violates this chapter.

(b) After receipt of notice of suspension or revocation of a license by the City Clerk, the licensee may file a written appeal requesting hearing before the City Manager, pursuant to Title 1 of this Code.

(c) If the City Manager determines the licensee or the licensee's agents, employees, officers, or representatives have committed any of the following acts, the City Manager shall sustain the suspension, cancellation, or revocation of the license:

(1) Not been sober or suitable persons to conduct, manage, control, or carry on such business;

(2) Willfully done acts not authorized by the license;

(3) Not kept, conducted, maintained, or carried on in a quiet, orderly, decent, or lawful manner such business;

(4) Willfully or knowingly permitted violations of the provisions of this Code or the laws of the State;

(5) Used fraud or misrepresentation in obtaining the license for such business;

(6) Failed to observe the provisions of this Code or the laws of the State; or

(7) Willfully failed or refused to appeal and answer all pertinent questions of the Council, or member in relation to past conduct and conditions in and about the business premises.

(d) If the license is canceled or revoked, no further license shall be granted or issued to such person within one year. If the license is suspended, the period of suspension shall be for such time as the Council may direct.

(Ord. No. 05-628, 7-19-2005)

(a) This division shall not be construed to require the licensing of:

(1) a business, occupation, or activity carried on wholly for the benefit of a charitable purpose from which profit is not derived, either directly or indirectly, by any person, or to the conduct of any entertainment, dance, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects whenever the receipts from such entertainment, dance, concert, exhibition, or lecture go to any church, school or religious or benevolent purpose within the City, or to a veteran, military, fraternal, or local Chamber of Commerce within the City.

(2) A public utility operating under a franchise from this City and paying a franchise tax is subject to the provisions of this chapter only to the extent of a retail business in which the entity may engage within the City not subject to the franchise tax.

(3) A business, which supplies goods or services for resale.

(4) Persons employed by a licensee.

(5) Independent contractors engaged by a licensee to work on a full-time basis.

(b) Veterans, agents and employees of veterans are exempt from the payment of license fees, but not from the requirement to obtain a license, if the veteran has received an honorable discharge or a release from active duty under honorable conditions from such service and the veteran's business consists in the hawking, peddling or vending of any goods, wares or merchandise owned by the veteran, except spirituous malt, vinous or other intoxicating liquor.

(Ord. No. 99-570, 7-20-1999)

No license shall be transferable where a license authorizes a person to transact business at a particular place, such licensee may be amended to authorize the transacting of such business at some other location to which the business has been moved.

(a) The City Council shall, from time to time, establish the amount required to be paid for annual license fees pursuant to this Chapter.

(b) The entire annual license fee shall be payable in advance at the time of the issuance of the license.

(c) An applicant for a business license for a previously unlicensed business shall pay the fractional portion of the annual business license tax equal to the number of quarters remaining in the fiscal year at the time the application is filed with the City Clerk.

In computing the number of quarters remaining in the fiscal year, the entire quarter in which the application is filed shall be counted.

(d) No license shall be issued unless the place of business and the purposes and methods of conducting such business, conform to health, fire and zoning regulations.

License fees shall be delinquent if not paid on or before July 31 of the year in which the fee is due. For failure to pay a license tax when due, the City Clerk shall add a penalty in an amount from time to time established by the Council.

Unpaid license fee or other amount payable may be recoverable in a civil action brought by the City for such purposes.

The City Clerk shall enforce this chapter. The Chief of Police shall render such assistance in the enforcement of this chapter as required by the City Clerk.

The City Clerk shall examine, or cause to be examined, places of business in the City to ascertain whether this chapter is satisfied. The City Clerk and any police officer acting for the City, may enter, free of charge and at reasonable times, a place of business required to be licensed by this chapter and demand an exhibition of the license. A person having such license in his possession who willfully fails to exhibit such license on demand is guilty of an infraction.

The City Clerk shall cause a complaint to be filed against persons found to be in violation of this chapter.

Persons violating this chapter or knowingly or intentionally misrepresenting to any officer or employee of the City a material fact in procuring the license is guilty of an infraction.