Citrus Heights Municipal Code Div. I Generally

The purpose of this chapter is to regulate businesses within the city in order to:

(1) Ensure compliance with city, state, federal, or otherwise applicable codes, rules, regulations or laws;

(2) Protect the public;

(3) Prevent disturbances of neighborhoods and nuisances; and

(4) Otherwise protect the health, safety and welfare.

(Ord. No. 2008-09, § 3, 5-8-2008)

As used in this chapter, the following terms and phrases shall have the indicated meanings:

Chief of police means the Citrus Heights Police Department Chief of Police or his/her designee.

Community development director means the community development director or his/her designee.

Convicted and conviction, in relation to the outcome of criminal charges, including a plea of nolo contendere.

Employee permit means a permit issued by the chief of police to certain personnel retained as employees, independent contractors or otherwise retained to perform specified duties or functions by particular businesses required to have a special business license for the purpose of ensuring protection of the public health, safety or welfare.

Engaged in business means the commencing, conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant or otherwise, whether operating from a fixed location in the city or coming into the city from an outside location to engage in such activities.

Finance director means the finance director or his/her designee, or such other individual designated by the city manager.

General business license means a business license issued by the finance director and required of all businesses operating within the city.

Hearing officer means a person to whom the city manager has assigned the responsibility for conducting a hearing required by this chapter. The city manager shall be authorized to assign hearing responsibilities to any person that the city manager finds that, by training and experience, is qualified to act as a hearing officer, including, but not limited to: City management personnel and individuals retained by contract to conduct hearings, such as attorneys or administrative law judges.

Person means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual or entity carrying on a business, whether or not for profit, non-profit or not-for-profit, for which a permit or license must first be obtained, and includes any officer, employee, agent or other representative by or through whom the business is operated or conducted, and charitable, philanthropic and other non-profit entities and enterprises as well as those which are for profit. The term "person" does not include a public agency or any officer, employee or agent thereof while acting in the capacity as such.

Special business license means a license issued by the finance director and required pursuant to this chapter, and other provisions of this Code, for specified types of businesses which are potentially injurious to the public interest; are not regulated by the state in such a manner as to preempt local regulation; and which the health, safety and welfare of the community demand be operated by responsible persons in compliance with all laws, including any special regulations applicable to such businesses.

(Ord. No. 2008-09, § 3, 5-8-2008; Ord. No. 2017-006, § 3, 9-28-2017)

(a) The finance director and the chief of police are responsible for enforcing this chapter and inspecting businesses which are licensed and/or regulated by the city. The finance director and chief of police may enter any business subject to this chapter for the purpose of inspecting for compliance with this Code.

(b) The finance director may, during the term of a license, require the licensee to complete a license information update form for the purpose of ensuring continued compliance with this Code. The licensee shall, within 15 calendar days of the date of mailing of such an information form by the finance director, return the completed form to the finance director.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) No person shall engage in, 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. 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, directs, organizes, manages or controls or is in any way responsible for or in charge of the business for which the license is required.

(b) Businesses required to obtain a special business license pursuant to this chapter, or other provisions of this Code, must also obtain a special business license.

(c) Neither the issuance nor receipt of a general or special business license shall be deemed to constitute a representation that the business complies with all city, state, federal, or otherwise applicable codes, rules, regulations or laws, or that the business is housed on property or premises that complies with all such laws; nor shall the existence of such an unrevoked license be deemed to preclude any criminal or civil remedy for violation of such ordinances or laws, including but not limited to revocation of the business license. The possession of either a general business license or special business license shall not be deemed to relieve the licensee of the requirement to obtain any other licenses or permits required by city, state, federal, or otherwise applicable codes, rules, regulations or laws, including but not limited to special business licenses required by this chapter.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) A separate general business license, and if applicable special business license, is required for each location or branch of a business within the city. A general or special business license issued for a fixed location is only valid for the location listed on the license.

(b) When space within an office building, shopping center, warehouse, department store or other structure or property is leased for business or commercial use, each tenant of the premises operating a business required to be licensed under this chapter shall apply for and obtain a separate general license, and special license when applicable.

(c) Only one general business license, issued to the sponsoring person or entity, is required for temporary activities where multiple businesses participate, for example, farmers markets, craft fairs and antique shows.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The application for a general or special business license shall be filed on a form and shall contain such information as prescribed by the finance director.

(b) Applications for general or special business licenses shall be filed in the office of the finance director. The finance director shall collect any fees required for the application, including processing fees and license fees, ensure the application is complete and refer the application to the relevant city departments for review.

(c) An application is deemed complete and validly filed when the finance director has received all information required by the business license application and this Code, and has received any fees associated with the application or application processing. However, where a building permit is necessary as a prerequisite to occupancy of a building, the business license application is not complete and validly filed until proof of the application for a building permit is provided to the finance director.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The finance director shall impose nonrefundable fees to recover the administrative costs of processing applications; issuing and renewing general business licenses, special business licenses and employee permits; and administrating this chapter. Such fees shall be established by resolution of the city council, amended from time to time. To the extent the city council determines to be practical, such fees may vary depending on the type of license, permit, or business for the sole purpose of apportioning relative regulatory costs to parties regulated.

(b) All fees for the issuance, processing, and renewal of permits and licenses shall be paid at the time of filing the application with the finance director. All fees for an appeal shall be paid at the time of and with the filing of the appeal. No application or request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) Neither a general business license nor a special business license shall be transferable or assignable from one person to another, or from one location to another.

(b) Each business license shall automatically terminate and have no further force or effect upon a change of the primary function or operation for which the license has been issued.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) The contents of each general business and/or special business license shall include, but need not be limited to, the following:

(1) A complete description of the business authorized by the license;

(2) The name of the business or person licensed;

(3) The date of issuance and date of expiration of the license;

(4) A description of any and all conditions upon which the license was issued.

(b) The original business license issued to the business or its employees, with any applicable conditions, shall be posted conspicuously on the premises in full public view. Original, for purposes of this section, shall not include photocopies or reproductions of the license issued by the city.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) General and special business licenses expire one year from the date of issuance, or sooner if the person to whom the license is issued ceases operations authorized by the license or the license is revoked.

(b) Employee permits expire one year from the date of issuance.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) Except as otherwise provided, the finance director is responsible for administering general and special business licenses and is authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this Code.

(b) No rules or regulations promulgated by the finance director, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the proposed rules or regulations are filed with the city clerk.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) Any notice or writing issued pursuant to this chapter shall be deemed served and effective on the date when the notice is either personally delivered to the party to whom it is directed or is addressed to the party and deposited in the United States mail, postage prepaid. When any notice or other writing is authorized or required to be filed, it shall not be deemed to have been filed until it is received in the office of the official with whom filing is required.

(b) Any notice or writing sent to a licensee or applicant regarding a business license or business license application, including but not limited to, denial of an application, conditions imposed on a license, or revocation of a license, shall also be sent to the property owner of the building or premises where the business is housed. However, failure of the property owner to receive or respond to such notice shall not affect the validity of the application or any proceedings under this chapter.

(Ord. No. 2008-09, § 3, 5-8-2008)

(a) Operating a business without a general business license or special business license (if applicable; including licenses to operate massage establishments, adult oriented businesses, bingo halls) in violation of this Code, after service of written notice advising of the violation and ordering a cessation of operations, shall constitute a misdemeanor.

(b) Except as otherwise specifically provided, any violation of this chapter shall constitute an infraction subject to punishment as provided in section 1-21.

(c) The city may use all available legal means to enforce this chapter, including but not limited to, injunctions or other civil proceedings.

(Ord. No. 2008-09, § 3, 5-8-2008)