Ceres Municipal Code Ch. 02 Business License Application

An application for a business license under this title shall be deemed complete upon the submission of the following items to the Collector:

A. An application on a form provided by the Collector setting forth the following information:

1. The exact nature or kind of business for which a license is requested;

2. The place where the business is to be carried on, or the owner's place of residence if the business has no permanent or fixed location;

3. The names, contact information, and a copy of a government-issued identification card of the person(s) owning the business;

a. In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residence of those owning the business;

b. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;

4. The names, contact information, and a copy of a government-issued identification card of any person(s) operating or managing the business if such person is not also the owner;

5. Any further information which the Collector may require to enable him or her to issue the type of license applied for, and for the Collector to properly determine the amount of the license tax to be paid by the applicant where the amount of the license tax to be paid is measured by gross receipts;

6. For business license renewals, the applicant shall submit a sworn statement setting forth such information concerning the applicant's business during the preceding year as may be required by the Collector to enable him or her to ascertain the amount of the license tax to be paid by the applicant pursuant to section 5.01.140;

7. A written and dated statement by the applicant swearing to and certifying that all information contained in the application is true and correct, and that he or she has received a copy of this chapter and understands its contents.

B. An initial application fee to the Collector as set pursuant to section 5.01.140.

C. The payment of the business license tax, as set pursuant to section 5.01.140.

D. Annual registration tax.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No application shall be conclusive as to the matters set forth in the application, nor shall the filing of the same preclude the City from collecting by appropriate action such tax as is actually due and payable under this title. Each application, and all statements and information contained within each application, may be subject to review, audit and verification by the City Manager, his or her designee, or other authorized employee of the City at any time.

B. All licensees, license applicants, and persons engaged in activity regulated by this title in the City are required to permit examination of their books, records and papers for the purposes of this title. The information or data obtained from such examination or audit, or from any application required under this title, shall be deemed to be confidential, except that such may be used for the purpose of enforcing the provisions of this title.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Collector or any person charged with an administrative duty pursuant to this chapter is authorized to inspect and examine any and all statements, applications, records and equipment of any person required to obtain a license or pay a license tax, for purposes of enforcement of this title.

B. It is unlawful for the Collector or any person charged with an administrative duty pursuant to this chapter, to deliberately or negligently disclose in any manner, information obtained as a result of an investigation of records or equipment of any person required to either obtain a license or pay a license tax, or of any person visited or examined in the discharge of official duty by a City official.

C. It is also unlawful for the Collector or any person charged with administrative duty pursuant to this chapter, to deliberately or negligently disclose in any manner, information regarding the amount(s) or source(s) of income, profits, losses, expenditures, as set forth in a statement or application filed pursuant to this chapter.

D. The Collector or a person charged with an administrative duty pursuant to this chapter, shall take reasonable measures to prevent any person other than the Collector, the applicant(s), or the person charged with an administrative duty, from seeing or examining any statement or application, or a copy of either, or of any book containing information prohibited from disclosure pursuant to this section.

E. Nothing in this section shall be construed to prevent:

1. The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting taxes imposed hereunder;

2. The disclosure of information to, or the examination of records by, Federal or State officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;

3. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City;

4. The disclosure after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Collector may refuse to make any disclosure referred to in this paragraph when in his opinion the public interest would suffer thereby;

5. The disclosure of the names and business addresses of persons to whom licenses have been issued, and the general type or nature of their business;

6. The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the City for license taxes, or when acting upon any other matter; and

7. The disclosure of general statistics regarding taxes collected or business done in the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Collector, or his or her designee, shall grant, deny the application within 30 calendar days of receipt of a completed application. If the Collector fails to take action on the application within 30 calendar days after a properly completed application is stamped as received, the application shall be deemed granted, subject to strict compliance with this chapter.

B. The Collector, upon reading the application, may deny the application in the following instances:

1. Where the Collector is of the opinion that granting the license would endanger the public health or safety of the City.

2. The Collector or police staff determines that the applicant made fraudulent, false, or misleading statements on the application;

3. The application is incomplete or illegible;

4. The applicant has been convicted of a crime that is substantially related to the qualification, functions, or duties associated with the license or permit and the time for appeal has elapsed, provided, however, an applicant shall not be denied a permit solely on the basis that he or she has been convicted of a crime if he or she has obtained a certificate of rehabilitation under California Penal Code section 4852.01; or

5. The applicant failed to meet any of the requirements of this chapter and any chapter relevant to the specific business permit at issue.

C. The Collector may modify, add, or delete any license condition to protect the public peace, health, safety, morals, or welfare.

(Ord. No. 2020-1057, § 1, 3-23-2020)

In addition to all other powers conferred upon him or her, the Collector shall have the power to extend the time for filing any required sworn statement or application for a period not exceeding 30 days, and in such case to waive any applicable penalty related to the deadline for filing a sworn statement or application.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon approval of a complete business license application, payment of the application fee prescribed in 5.02.010, payment of the prescribed license taxes in 5.01.140, and completion of any other requirement pursuant to this title, the Collector shall issue to the applicant a business license containing the following information:

A. The name of the person to whom the license is issued;

B. The name and description or activity of the business licensed;

C. The place where such business is to be transacted and carried on;

D. The date of the expiration of such license; and

E. Such other information as may be necessary for the enforcement of the provisions of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No license shall be issued under this title for a term in excess of one year. All annual licenses shall expire on April 1 of each year.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any license under this title may be renewed subject to payment of a renewal fee to the Collector, in an amount as established by resolution of the City Council.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It shall be within the authority of the Collector to enforce the provisions of this chapter. The Chief of Police shall assist in the enforcement of this chapter as may from time to time be required by the City Manager.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any person possessing an issued license certificate who willfully fails to display it shall be guilty of an infraction.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Collector may establish rules and regulations consistent with the provisions of this chapter.

B. The Collector, in the exercise of the duties imposed upon him pursuant to this chapter and acting through his or her designees or duly authorized assistants, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this chapter have been complied with.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Whenever the Collector receives any payment, statement, report, request, or other communication after the time prescribed by this chapter, but is in an envelope bearing a postmark showing that it was mailed prior to the time prescribed in this chapter the Collector may regard such payments, statement, report, request or other communication as having been timely received.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Licenses issued pursuant to this title are not transferable.

B. Where a license is issued authorizing a person to carry on a business at a particular place, the licensee may, upon approval of an application and payment of a fee, in an amount as established by the City Council by a resolution, have the license amended to authorize the carrying on of the business at some other location.

C. Transfer of an issued license, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership of the license after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships, or other persons holding an interest in a corporation or other entity as defined in section 5.01.010 to be a person are regarded as having the real or ultimate ownership of such corporation or other entity.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A duplicate license may be issued by the Collector to replace any license previously issued under this chapter which has been lost or destroyed upon the licensee filing a statement of such fact and paying to the Collector a fee for the duplicate license pursuant to section 5.02.010 of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No permit granted pursuant to this title shall confer any vested right to any person or business for more than the permit period.

(Ord. No. 2020-1057, § 1, 3-23-2020)