Citrus Heights Municipal Code Div. 2 General Business Licenses

The purpose of a general business license is to regulate businesses in order to promote improved enforcement of city, state, federal, or otherwise applicable codes, rules, regulations or laws, at lower public cost, with a higher level of protection of the public. Licensing helps protect the public against threats to public peace, health, safety and welfare, by ensuring compliance with city ordinances, including those designed to ensure building safety and discourage public nuisances.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) Unless specifically exempt by this chapter, no person shall operate or conduct a business within the city, unless under and by the authority of a valid, unexpired and unrevoked general business license issued pursuant to this chapter.

(b) A person shall be deemed to operate or conduct an enterprise and violate this section if the person, without a required general business license in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the enterprise for which the license is required.

(c) Without limiting the generality of the foregoing, this section shall apply to persons who engage in vending, as defined in section 106.80.020 of the zoning code.

(Ord. No. 2008-09, § 3, 5-8-2008; Ord. No. 2016-006, § 1, 8-11-2016)

A general business license shall not be required for and the provisions of this chapter shall not be otherwise applicable to, those businesses described by this section. Unless the context dictates otherwise, the uses, activities and facilities described by this section shall be ascribed those definitions for like uses, activities and facilities contained in the city's zoning code. The following businesses are exempt from the requirement to obtain a general business license:

(1) Financial institutions. Banks, savings and loans, credit unions, loan and similar financial institutions, as defined in California Business and Professions Code § 17351. However, this exemption does not apply to "check cashers," as that term is defined in California Civil Code § 1789.31, including but not limited to, engaging in the business operation of "deferred deposits" as defined therein.

(2) Residential facilities. The following types of residential facilities, as defined by the city's zoning code:

a. Apartments, rooming houses, duplexes, and other residential facilities in which living units are rented or leased solely on a term of more than 30 days;

b. Residential care homes for adults or children; and

c. Family day care homes.

(3) Meeting facilities. Meeting facilities, as defined by the city's zoning code, and activities directly conducted by the organization that use the meeting facility.

(4) Agriculture. The following agricultural activities are exempt: agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce, and the marketing of farm products; provided, however, that a general business license shall be required in connection with any wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution.

(Ord. No. 2008-09, § 3, 5-8-2008; Ord. No. 2022-003, § 1, 4-14-2022)

Unless specifically exempt elsewhere in this chapter, a general business license shall be required for any business or activity operated or conducted as a home occupation, as home occupation is defined by the city's zoning code.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The finance director shall refer the application to the relevant city departments for review. Each department shall examine the application to determine whether any conditions should be attached to issuance of the license. Inspection of the site shall be conducted as necessary to determine applicability, compliance with, or the adequacy of corrections to achieve compliance with city, state, federal, or otherwise applicable codes, rules, regulations or laws.

(b) The finance director shall issue the general business license not later than 60 days after the date a complete application is filed, unless grounds for denial established in this chapter exist.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The finance director may issue the general business license upon such conditions as are necessary to ensure safety and prevent the business from disturbing the peace and tranquility of the neighborhood in which it is located. The conditions may include, but are not limited to, the following:

(1) Limitations upon hours or days of operation, when required in order to prevent disturbance of the peace and quiet of a neighborhood caused by the business or the patrons of the business;

(2) Requirement that the business provide licensed or other qualified security personnel for the exterior or interior of the business during operating hours;

(3) Requirement that the business fund any additional law enforcement services required as a result of the operation of the business;

(4) The installation of on-site improvements required to prevent operation of the business from disturbing its neighbors at a particular location; or

(5) Other conditions related to operations or improvements demonstrated under the particular circumstances to be necessary in order to prevent hazards; disturbance of the peace, quiet or safety of the neighborhood; or other nuisance.

(b) Such conditions may be imposed at the time a general business license is initially issued, upon renewal of the license, or at any time during the term of the license.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The city shall provide written notice of conditions imposed on the general business license and the reasons for the conditions to the applicant or holder.

(b) Conditions imposed at the issuance of an initial general business license become effective immediately following the date of service of the notice thereof. The holder of the business license is entitled to appeal the conditions within the time and manner prescribed; however, the business license shall not be effective until the appeal is finally determined.

(c) Conditions imposed at the time of renewal or during the term of the general business license become effective 15 days following the date of service of the notice thereof; however, if an appeal is filed within the time and in the manner prescribed, the conditions shall not become effective until the appeal is finally determined.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) At least 60 days prior to expiration of a general business license, the finance director shall mail the licensee an application for renewal. The application for renewal shall be on such a form, and shall include such information, as prescribed and required by the finance director, including the following:

(1) A description of any change in the type of business conducted on the premises since the last license was issued; and

(2) A description of any and all improvements which the applicant has made upon the premises since the last license was issued.

(b) The licensee shall file the application for renewal, and any required fees, with the finance director prior to the expiration of the immediately preceding license.

(c) The finance director shall investigate and process an application for renewal of a general business license in the same manner as an initial application for a general business license. Within 60 days of receiving a complete application, the finance director shall issue the general business license unless grounds for denial identified in this chapter exist.

(d) With respect to any application for renewal which is filed on or before the date of expiration of the immediately preceding license, the finance director shall extend the term of the immediately preceding license, without charge, during the period of any investigation required in order to determine whether the license should be renewed.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) A business determined to be operating without a general business license, when one is required, shall have ten days to obtain the necessary general business license. If a complete application is not received by the end of the ten-day period, the applicant will be subject to a penalty of 50 percent of the application fee. If the business continues to operate beyond the ten-day period, the business may also be subject to other penalties authorized by the City Code.

(b) An application for a renewal of a general business license will be deemed received late and subject to a penalty of 50 percent of the processing fee if the complete application, including all fees, is not received by the finance department within 60 days of the date of expiration of the immediately preceding license. If the business continues to operate without a valid license, the business may be subject to all other penalties authorized by the City Code.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The finance director shall deny an initial application or application for renewal of a general business license if the finance director finds in writing:

(1) The applicant failed to provide sufficient or adequate plans or information necessary to permit determination as to whether the business complies with all city, state, federal, or otherwise applicable codes, rules, regulations or laws;

(2) The finance director determines the business, or the property or building in which the business is housed, violates city, state, federal, or otherwise applicable codes, rules, regulations or laws;

(3) With respect to a business required to obtain a special business license, the special business license has not or will not be issued;

(4) Pursuant to Business and Professions Code § 16000(c), the applicant or business fails to hold a valid, unexpired, unsuspended, unrevoked contractor's license issued by the State of California, Contractor's State License Board; or

(5) That, based on specific facts identified by the chief of police, the chief of police reasonably concludes that the operation of the proposed business would pose a risk to the public, that the applicant would not conduct the business in a law abiding manner, and/or that the operation of the proposed business would subject patrons of the business to a risk of harm or criminal, deceitful or otherwise unethical practices.

(b) The finance director shall also deny an application for renewal of a business license if he/she determines that one or more conditions applicable to the previous license have been violated and, pursuant to section 22-77, it is determined that such conditions are also applicable to the renewed license.

(Ord. No. 2008-09, § 3, 5-8-2008; Ord. No. 2016-010, § 1, 9-22-2016)

(a) The finance director's denial of an initial application or application for renewal of a general business license shall be in writing, with the reasons stated therefor. The finance director's written notice of denial and a copy of this division, shall be served upon the applicant.

(b) Denial of an initial application or application for renewal of a general business license shall relate solely to the location at which the enterprise is proposed and shall not affect the conduct of such enterprise at another location within the city.

(c) With respect to denial of an application for renewal immediately preceding general business license shall be deemed to be in full force and effect for a period of 15 days following the date of service upon the applicant of the notice of denial. If the holder of the license files an appeal within the time and manner prescribed, the license shall remain in effect until the appeal is finally determined.

(Ord. No. 2008-09, § 3, 5-8-2008)

A general business license may be revoked for any of the following reasons, if the finance director finds in writing:

(1) The business is operated in a manner or is housed on premises or within a building which violates or is in violation of any city, state, federal, or otherwise applicable codes, rules, regulations or laws; or

(2) The holder of the license has violated one or more conditions upon which the license has been issued; or

(3) Pursuant to the Business and Professions Code § 16000(c), the applicant or business no longer holds, a valid contractor's license issued by the State of California, Contractor's State License Board.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The finance director may revoke a general business license by issuing a written notice of revocation, stating the reasons therefor, and serving the notice, together with a copy of this division, upon the holder of the license.

(b) The revocation shall become effective 15 days following the date of service upon the applicant of the notice of revocation. If the holder of the license files an appeal within the time and manner prescribed, the license shall remain in effect until the appeal is finally determined.

(c) A general business license or employee permit may be temporarily suspended pending expiration for the time of appeal, if the finance director finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health, safety or welfare of the public caused by exercise of the license or permit. If the finance director orders a temporary suspension, the notice of suspension shall be delivered to each place of business licensed or to which the permit relates, served upon the licensee or permittee, and shall contain the following:

(1) The finding justifying the temporary suspension;

(2) The time, date and place at which the licensee or permittee may appear in advance of the commencement of the temporary suspension for the purpose of showing cause to the hearing officer as to why the suspension is not necessary; and

(3) The time and date on which the temporary suspension commences, which shall not be earlier than 24 hours following the time and date of delivery of the notice.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The holder of a general business license or applicant for a general business license may file an appeal from the following:

(1) The denial of an initial application for or application for renewal of a general business license; or

(2) The imposition of conditions on the general business license at the time of issuance; or

(3) The imposition of conditions on the general business license at the time of renewal of the license or during the term of the license; or

(4) The revocation of a general business license.

(b) An appeal pursuant to this section shall be in writing, shall state the specific reasons for the appeal and the grounds asserted for relief, and be accompanied by a non-refundable appeals processing fee set by city council resolution. The appeal shall be filed with the finance director, no later than 15 days after the date of service of the notice providing the grounds for appeal. The failure to file an appeal within the time or in the manner prescribed in this section, or to include the appeal processing fee, waives the right to appeal.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) No later than 30 days following the filing of a timely appeal, a hearing shall be held to determine whether the appeal should be granted. The city shall provide the appellant written notice of the time, date, and place of the hearing no later than ten days before the hearing date.

(b) The finance director shall have the burden of proof during the hearing. The provisions of the California Administrative Procedure Act (Government Code § 11500 et seq.), and the formal rules of evidence do not apply at the hearing. At the conclusion of the hearing, the Hearing Officer shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions of law. The written decision shall be filed with the finance director not later than 10 days following the date on which the hearing is closed. The finance director shall, within five days of the filing of such decision, serve the applicant or licensee with notice and copy of the written decision.

(c) With regard to an appeal from the imposition of conditions on a new license, during the term of a general business license, or on an application for renewal of a general business license, the finance director must demonstrate by substantial evidence the necessity of the conditions. If the conditions are upheld, the hearing officer's decision shall provide findings regarding the evidence within the record supporting the determination.

(Ord. No. 2008-09, § 3, 5-8-2008; Ord. No. 2016-010, § 1, 9-22-2016)

(a) With respect to appeals from the denial of an initial application for a general business license or the imposition of conditions on an initial application for a general business license, the hearing officer's decision is final upon service of the hearing officer's decision on the appellant.

(b) With respect to an appeal from the denial of a renewal of a general business license, from the imposition of conditions on a general business license at renewal or during the term of a business license, or from the revocation of a business license, the hearing officer's decision is final 15 days after service of the hearing officer's decision on the appellant, unless city council review is requested either by the finance director or appellant.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) To request city council review of the hearing officer's decision, the applicant for a license, license holder, or finance director shall file a written request with the city clerk within 15 days following the date of service of the hearing officer's decision. The request for review shall state in detail the reasons for review and the error alleged in the hearing officer's decision, and include a copy of the hearing officer's decision attached to the request for review, and an appeals processing fee as set by city council resolution.

(b) Upon receipt of a request for review by city council, the city clerk shall schedule city council review not later than 30 calendar days following the date of filing of the notice of appeal. The city clerk shall provide notice of the time and date of the hearing to the appellant at least ten days in advance. The city council shall be authorized to deny the introduction of evidence and decide the matter after oral argument presented during the hearing, to admit supplementary evidence with respect to challenges or particular findings, or reject the findings and conclusions and conduct a de novo hearing. The determination by the city council granting or denying the appeal shall be final and shall be accompanied by findings of fact and conclusions, which may consist of an adoption by reference of those by the hearing officer.

(c) The city council is authorized to order the issuance or renewal of a license, may order the revocation of the license, suspend the license or order the license to remain in effect upon such terms and conditions as in the discretion of the city council are necessary and appropriate.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) With respect to any business required to have a special business license, revocation of the special business license shall automatically revoke the general business license issued for the licensed activity at that same location.

(b) Revocation of a general business license for a business that is required to possess a special business license shall automatically also revoke the special business license issued for the same business.

(c) With the exception in subsection (a) of this section, revocation of a general business license shall terminate only the privilege of doing business at the location to which the license relates.

(Ord. No. 2008-09, § 3, 5-8-2008)

Any administrative remedy, including an appeal procedure, shall be exhausted prior to having a right to judicial review.

(Ord. No. 2008-09, § 3, 5-8-2008)