Chapter 5.01 — BUSINESS LICENSES

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) “Business” means professions, trades, or occupations including but not limited to, contractors and subcontractors of all and every kind or calling which may be engaged in for the purposes of earning, in whole or in part, a profit or livelihood, whether a profit or livelihood is actually earned, and whether paid for in money, goods, waiver or otherwise. “Business” includes, but is not limited to, professions, trades or occupations which have a fixed location within the City

as well as those which do not have a fixed location within the City but are doing business within the City, including but not limited to mobile operators and home occupations as defined here.

(b) “City Manager” shall mean the City Manager of the City of Canyon Lake or his or her designee(s).

(c) “Employee” shall mean either 1) any person engaged or employed by any business which business withholds, or is required to withhold, compensation for the purpose of paying State or Federal taxes as required by the Franchise Tax Board or Internal Revenue Service; or 2) any person who is regarded as the employee of any business for

purposes of the Worker’s Compensation laws or other laws of the State of California, including (without limitation) a real estate agent working for, or engaged by, a real estate broker and which business is subject to the provisions of this Chapter.

(d) “Home occupation” means those uses customarily conducted in a residence incidental and secondary to its use as a residence as defined in the Canyon Lake Land Use Ordinance No. 348, Section 21.36.

(e) “Mobile operator” means a business operated on a mobile basis using a vehicle to visit customer locations and includes mobile vehicle washing; pest control; carpet, drape or furniture cleaning; concrete mixing; masonry; painting or coating; landscaping; pool or fountain cleaning; port-a-potty delivery, dog or other animal grooming or related service, or similar services provided on a regular basis. It excludes one-time deliveries such as those for furniture, items ordered on-line.

(f) “Person” means a natural individual, corporation, whether foreign or domestic, joint venture, association, partnership, estate or trust, or any combination thereof, acting as a unit and engaged in any business in the City, other than as an employee, and specifically includes an independent contractor and a sole proprietorship.

(g) “Professional associate” or “Associate” means a professional separately licensed by the State, including but not limited to realtors, attorneys, beauticians, barbers, manicurists, dentists, dental hygienists, veterinarians, doctors, podiatrists, and chiropractors.

(Ord. 236, passed 11-8-2023)

Unless exempted pursuant to Section 5.01.120, no person shall engage in any business within the City without a valid business license issued pursuant to this Chapter and without complying with all regulations applicable to such business.

(Ord. 236, passed 11-8-2023)

A separate business license shall be required for each fictitious business name statement for a person or business doing business within the City from separate fixed locations. A separate business license shall be required for each location of a business within the City.

(Ord. 236, passed 11-8-2023)

(a) An application for a business license shall be filed utilizing a form provided by the City. The permit application shall not be deemed filed unless the applicant has filled out the form completely and accurately. The applicant shall be the person desiring to engage in the business or such person’s duly authorized representative.

(b) All applications shall be accompanied by a filing fee in an amount established by resolution of the City Council or a request for a waiver of such fee pursuant to this Chapter. Additional fees shall be owed for late applications or repeated failure to file for a license.

• (c) The application shall contain the following:

(1) The name, business address, mailing address, cell and/or business telephone numbers, email, and fax number (if any) of the person or entity who will engage in the business (the “applicant”); if different, the name, business and mailing address, telephone number and fax number and after-hours emergency; and the person authorized to accept service of process.

(2) If the business is advertised to the public by name or designation other than the name of the applicant, that name or designation and proof of filing of a fictitious business name statement.

(3) A detailed description of the nature of the business, including, but not limited to, a listing of all Federal, State, County and other required permits or licenses, including any contractor’s State permit or license number and category.

(4) An employer shall disclose on the application the number of professional associates as defined herein as of the date of the license application or renewal and the type of license held by each such person. An additional fee shall be payable annually for each associate. The employer also shall disclose on the application the total number of employees of the business as of the date of the application.

(5) A statement whether the business is a mobile vendor providing services from its vehicle(s) and the number of vehicles providing services within the City.

(6) The signature of the applicant or corporate agent acknowledging under penalty of perjury that the information provided on the application is true and correct to the best of that person’s knowledge and that the applicant or corporation is responsible for all applicable fees; and such other and further information as the City Council or City Manager may deem necessary.

(7) The application shall not be deemed filed unless the form has been filled out completely and accurately and all applicable fees paid.

(8) It is a violation of this Code intentionally to give any false or misleading information on the business license application.

(Ord. 236, passed 11-8-2023)

(a) The first business license obtained by a business shall be good through December 31 of each year no matter on what date it was obtained.

(b) Thereafter, a business license shall be valid from January 1 through December 31 of each year. There shall be no refund if the business closes or the number of associates decreases during any year; there shall be no additional charge during that year if the number of associates increases.

(c) The license shall be renewed annually by the filing of a renewal application, accompanied by payment of the appropriate fee as set by Resolution of the City Council from time to time. The renewal and fee shall be delinquent after January 31 of each calendar year. Failure to renew or failure to indicate that your business is not renewing shall result in payment of late fees. The business is not allowed to apply for a new business license to avoid late penalties. (d) The City may send a notice of renewal to each person holding a business license on or about December 31 of each year. The notice shall be sent to the business mailing address and/or email address set out in the application and shall remind the person of the requirement to renew his or her business license and how to do so. Failure of the City to send or the person to receive a renewal notice shall not waive the renewal requirement.

(e) An application for renewal and payment must be received on or before July 1 of the year following the expiration date, otherwise the business must file an application and payment for a new business license. Any business filing an application and payment for a new business license because of failure to file a renewal on or before July 1 shall not be entitled to the proration authorized by Section 5.01.130.

(Ord. 236, passed 11-8-2023)

Every business license shall be posted in a conspicuous place upon the premises where such business is conducted or, for a home occupation or mobile operator, the license shall be readily available and produced in response to a request from the City Manager, duly authorized law enforcement officers and City code enforcement officers. (Ord. 236, passed 11-8-2023)

(a) The business license shall be prepared and issued upon approval by the City Manager.

(b) The license shall be deemed null and void if the license application is determined to contain any false or misleading information.

• (c) Each license shall state on its face the following:

• (1) The name of the business or person to whom the license is issued;

• (2) The location of the business;

• (3) The date of the issuance of the license;

• (4) The date of the expiration of the license;

• (5) The license control number, unique to each license;

• (6) The official seal of the City;

• (7) All other required permits or licenses including but not limited to contractor’s licenses;

• (8) The number of associates, if any, which the business had; and

• (9) Such other and further information as the City Council or City Manager shall deem appropriate.

• (Ord. 236, passed 11-8-2023)

(a) The City Manager may enforce the provisions of this Chapter with duly authorized law enforcement officers or City enforcement officers all of whom shall have the authority to enter, examine all places of business within the City and their business license records or business vehicles to confirm compliance with this Chapter. Any such entry shall comply with applicable constitutional requirements.

(b) The City Manager performing the duties of the license collector shall have access to State and local summary criminal history information to fulfill his or her duties regarding licensing. Penal Code Section 432.7, Stats. 1974 and

Ch. 1321 shall apply to such information.

(c) The City Manager at a minimum shall keep a record of all licenses, the term, to whom issued, the location of the business, the amount of the fee paid and any other necessary information.

(Ord. 236, passed 11-8-2023)

(a) When a business is transferred from one location to another location within the City, the current license may be amended by the City Manager authorizing the conduct of the business at the new location upon submittal of such request to the City in writing.

(b) Otherwise, application for any transfer or assignment shall be filed on a form provided by the City for that purpose prior to the effective date of the transfer or assignment. The transfer application shall not be deemed filed unless the licensee or such person has filled out the form completely and accurately duly authorized representative and the fee paid. A transfer or assignment may not be from one person to another.

(Ord. 236, passed 11-8-2023)

(a) The fact that a business license has been issued does not authorize or legalize any business or business activity which violates any Federal, State, or local governmental ordinance or regulation, nor shall the issuance of a business license be construed as permitting a business in a zone or land use district where such business otherwise is not permitted.

(b) In any trade or profession where a City, County, State or Federal license or permit is required, such license or permit shall first be exhibited to the City Manager before a City business license is issued. However, the City shall not be responsible for verifying or confirming the validity of any other license, permit or requirement.

(c) A City business license shall not modify any requirement for a business to obtain any necessary City land use entitlements or City building permits prior to operating the business in and at its location. In applying for a building permit or other entitlement for a business, the applicant shall provide the license control number.

(d) Nothing in this Subsection shall preempt any Property Owner’s Association and/or CC&R requirements or restrictions that must be met separately.

(Ord. 236, passed 11-8-2023)

The following circumstances shall be considered evidence that a person is conducting business within the City. (a) The person consistently represents, holds out or advertises in any sign advertising, card, brochure, website or other on-line listing, telephone book, magazine, newspaper or otherwise that he/she/it is doing business in the City.

(b) The person holds a current license or permit issued by a governmental entity indicating the person is doing business within the City.

(c) The person is observed by reliable witnesses regularly providing services to those within the City.

(d) Real estate agents or brokers who post signs within Canyon Lake even without an office location in the City are doing business in the City.

(e) Notwithstanding, a person may provide to the City a sworn statement, acceptable in form to the City, stating that he or she is not doing business within the City. The City may determine whether or not to accept such statement. (Ord. 236, passed 11-8-2023)

No business license (either application or fee) shall be required of or for:

(a) Places of worship to the extent used for the exercise of religion (not including schools, housing, or businesses);

(b) Occasional garage sales, including, but not limited to, yard, lawn, attic, patio, moving or rummage sales held to sell, exchange, trade or dispose of surplus household or personal goods belonging to those conducting the garage sale on their own residential premises, which sales may not be conducted for more than three 48-hour periods per calendar year;

(c) Occasional, seasonal, or sporadic temporary bazaars, carnivals or other sales conducted by charitable or public service organizations (IRC Section 501(c)(3), (4) or (6), or California nonprofit public benefit corporations or similar unincorporated associations) for fund raising purposes were conducted with a temporary use permit or where no temporary use permit is required;

• (d) Minors selling goods to raise funds for schools or for established non-profit public service organizations such as Boy Scouts, Girl Scouts, Camp Fire Girls and so forth;

• (e) Group homes of six persons or fewer or similar facilities exempt under State or Federal law;

• (f) Churches when engaging in religious activities (not including operation of a school);

• (g) Domestic household help in the employ of an individual homeowner, or a small or large family daycare home as that term is defined in Health & Safety Code § 1597.45; or

• (h) Other businesses that the City may not regulate.

• (Ord. 236, passed 11-8-2023)

(a) The City Council by resolution shall determine and adopt a schedule of fees to cover the cost of business licensing and regulation. Additional fees shall be charged for late applications or failure to file for a license. Such fees shall be a personal debt of the applicant. Businesses commencing at any time during the second half of an annual licensing period (July 1 through December 31) shall pay 50% of the minimum annual license fee.

(b) Single day vendor permit is available for special events. Vendors may qualify for a single-day special event vendor permit for a reduced fee as adopted by the City Council. This fee will only cover the community event date referred to on the submitted and approved application.

(Ord. 236, passed 11-8-2023)

(a) The City may enforce the requirements of this Chapter in any manner legally available, including but not limited to administrative citations.

(b) Any person who violates any provision of, or fails to comply with any requirement of, this Chapter is guilty initially of an infraction and, upon conviction thereof, shall be punished in accordance with Canyon Lake Municipal Code Section 1.01.200. A third violation shall be a misdemeanor and shall be punished as set out therein.

(c) Any violation of this Chapter is deemed a public nuisance.

(Ord. 236, passed 11-8-2023)