Ceres Municipal Code Ch. 04 Enforcement of Licenses and Permits

A. A new business determined to be operating without a business license or permit shall have ten calendar days to obtain the necessary business license or permit. If a completed and legible application is not received by the end of the ten calendar-day period, the applicant shall be subject to a penalty of 50 percent of the application fee(s). If the business continues to operate beyond the ten-day period, the business may be subject to additional late fees or penalties as determined by resolution of the City Council and may be subject to penalties authorized under this title or title 19.

B. Payment for renewal of a business license or permit will be deemed late and subject to a penalty of 50 percent of the processing fee if the complete application, including all fees, is not received within 60 days of the date of expiration of the immediately preceding license or permit. If the business continues to operate without a valid license, the business may be subject to penalties authorized under this title, title 19, or other penalty established by resolution of the City Council.

C. Operating a business without a business license or permit in violation of this chapter, after written notice of violation and order to cease operations, is deemed to be a public nuisance.

D. Violations of this title shall be misdemeanors, unless otherwise indicated. Where the conduct constituting the violation is of a continuing nature, each calendar day that the conduct continues shall be deemed a separate and distinct violation.

E. Any person who knowingly makes any false statement or misrepresentation of material fact in any application for a business license, in any report or document required under this chapter, or to any officer or employee of the City is guilty of an infraction and may be punished as provided for in title 19.

F. It is unlawful for any person to operate a business after denial of an application, summary suspension of a permit, or after revocation of a license.

G. The City may use one or more of the remedies prescribed in this chapter and the use of one remedy shall not bar the use of any other remedy for the same violation of this chapter.

I. Should court action be required to collect any license or permitting fees or penalties, an additional penalty shall be charged equal to costs of suit, including reasonable attorney's fees. The penalties shall be added to the delinquent fees and they shall become due and payable and collected along with the outstanding fees at the conclusion of the court action.

J. Any person issued an administrative citation due to a violation of this chapter may appeal the administrative citation pursuant to title 19.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Notwithstanding any provision to the contrary, no license, permit, or land use entitlement shall be issued for any use or business which is unlawful under the terms of any applicable federal, State, or local law. Notwithstanding chapter 5.22, this prohibition includes, but is not limited to, uses or businesses that distribute, possess or use any prohibited or unlawful substance under the terms of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Controlled Substances Act," 21 U.S.C. section 801 et seq.).

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Collector reserves the right to revoke any license or permit issued under this title on good cause. Good cause includes, but is not limited to:

1. Any fraudulent, misleading, or false statement of material fact contained in the application;

2. Violation of this title, any City ordinance, or any other laws relating to the permitted business;

3. Conviction of the permittee of a felony or of a misdemeanor involving theft, embezzlement, or moral turpitude which has not been expunged;

4. Publishing, utterance, or dissemination of any false, deceptive, or misleading statements or advertisements in connection with the operation of the licensed business;

5. Refusal or failure to provide any records relating to the permitted business which are deemed necessary for the enforcement of this title to the City Manager or other individual designated to accept the permit application;

6. Conducting the business permitted under this title in any unlawful manner or in contravention to any rule or regulation adopted by City Council relating to the licensee's business; or

7. Conducting the business in such manner that is injurious to the health, safety or general welfare of the public.

B. If the applicant or permittee submits a timely request for a hearing, the license or permit shall not be revoked until after a hearing before the City Council, which is governed by chapter 5.05, unless otherwise stated by another provision of this Code or by applicable state or federal law. Upon revocation of a license, the City Council may, in such cases as it deems proper, order refunded to the person whose license is revoked any prepaid license fees of such person.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Upon determining the existence of any of the grounds for fines or denial, suspension, or revocation, the Collector shall issue a notice of decision to fine or deny, suspend, or revoke the license or permit. The notice of decision shall state the grounds and reasons upon which the fine or denial, suspension, or revocation is based.

B. The notice of decision shall be mailed to the applicant, licensee, or permittee, by personal service or certified mail, with proof of service attached, at the address stated on the application or permit.

C. The notice of decision shall advise that the fine or denial, suspension, or revocation shall become final unless the applicant or permittee files a written request for hearing within the time period specified pursuant to Section 5.05.060.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. If the Collector, Police Chief, Fire Chief, or other duly authorized personnel finds that a license or permit holder's activity is a public health risk, or subjects any individual, or the community, to imminent danger, he or she may suspend the license or permit, effective immediately, prior to any revocation hearing. The Collector's finding that there is an imminent threat to the public health, safety, or welfare shall be based on one or more of the following:

1. There is an urgent need to take immediate action to protect the public from a substantial threat of serious bodily injury or death existing on or within 150 feet of the licensed or permitted premises; or

2. There has been a violation of a permit or license condition or other requirement of this title that creates an imminent danger to the public health, safety or welfare on or within 150 feet of the licensed or permitted premises; or

3. The licensee or permittee has conducted the licensed or permitted activity in a manner that creates or results in a public nuisance.

B. The summary suspension shall take effect immediately upon service of a written notice of suspension by the Collector. Notice given to the licensee or permittee shall include the following information:

1. The effective date and time period of the summary suspension;

2. The grounds and reasons upon which the summary suspension is based;

3. The licensee or permittee who wishes to challenge the summary suspension may request a hearing before the Collector;

4. The method for requesting a hearing before the Collector; and

5. The notice of summary suspension shall become final unless the Collector receives a written request for a hearing from the permittee or licensee within the time period specified in this chapter.

C. Summary suspension shall be subject to the appeal procedures established in this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)