Clearlake Municipal Code Art. 6-2 General

This section shall be known and may be cited as the “Business License Ordinance.” (Ord. #42, S1)

The purpose of this section is to raise revenue for municipal purposes. (Ord. #42, S2)

As used in this Chapter: BUSINESS shall include professions, trades, and occupations and all and every kind of calling whether or not carried on for profit. BUSINESS LICENSE shall mean and include any and all of the following types of license: a. General business license shall mean a license issued to the proprietor of a business located at a fixed address within the City limits, not requiring a special license, and not engaged in door-to-door sales or solicitations. b. Secondary business license shall mean a license issued to the proprietor of more than one business, where one business has a general business license, and the second or other businesses meet all of the following criteria: (1) The business is operated solely by the proprietor and/or his/her immediate family. For the purpose of this subsection, immediate family shall be limited to spouse, children and/or parent(s). (2) The secondary business is conducted either at the address of the business which has a general business license or conducted at the licensee’s house or is conducted at a location outside the City limits. Each such business must have a business license if it is otherwise required to be licensed under this section. More than one secondary license may be issued, provided that the licensee possesses one general license. c. Seasonal business license shall mean a license issued to a seasonal business such as the selling of Christmas trees, pumpkins, and similar type sales or businesses that open and operated on a seasonal or short term basis. d. Special event business license shall mean a license issued to a business that provides recreational activities that are transient such as a circus or carnival. FIXED PLACE OF BUSINESS shall mean having a physical location within the boundaries of this City from which business is transacted for a period of not less than thirty (30) consecutive days. TRANSACTING. Except as expressly provided herein, TRANSACTING shall mean the carrying on or engaging in, within the City, any business, trade, profession, calling, or occupation and shall include within its meaning, all or any part of the operations necessary and incidental to the conduct of any business, including but not limited to any one or a combination of the following: The taking of orders, excluding the taking of orders for resale; delivery of products, excluding deliveries for resale; performance of services; maintenance of business office facilities; or the actual conduct of the work. (Ord. #42, S3; Ord. #52-94, SS1-4)

The following forms of business are excluded from the provisions of this section, provided that the proprietors obtain the appropriate permit: a. Sales from a booth or stand located within a duly licensed flea market, swap meet or similar type of business. b. The rental or leasing on a month-to-month or longer term basis of not more than five (5) dwelling units. c. The rental or leasing of one non-residential unit. d. The sale by the owner of fewer than five (5) parcels of real property in any twelve (12) month period. The simultaneous sale of two (2) or more adjacent undeveloped lots to the same buyer shall count as a single sale. (Ord. #42, S3)

The following forms of business are expressly included within the provisions of this section: a. Auctions and liquidation sales; b. Any work done on real property located within the City, including, but not limited to, construction, repairs, alterations, pest control, chimney sweeping, landscaping, janitorial service and liquefied petroleum gas sales and service; c. The services of a real estate licensee in connection with the proposed sale or rental of any real property within the City; d. Flea markets and swap meets, and outdoor festivals. c. The rental or leasing of any real or personal property located within the City limits for any term shorter than thirty days; f. Five (5) or more sales of real property located in the City by the owner in any twelve month period. g. The rental or offering for rent of more than one non-residential unit located within the City limits in any twelve (12) month period. (Ord. #42, S3)