Coachella Municipal Code Art. III Procedure for Issuance

A. Every person required to have a license under the provisions of this chapter shall make application for the same to the director of finance of the city. Such application shall be a written statement upon a form provided by such director of finance and shall be written by the applicant under penalty of perjury or sworn to by the applicant before a person authorized to administer oaths. The application shall set forth such information as may be necessary properly to determine the amount of the license tax to be paid by the applicant.

B. If the amount of the license tax to be paid by the applicant is based upon gross receipts, such application shall set forth the gross receipts for the applicable period as provided in Section 5.04.020 of this chapter.

(Prior code § 13-37)

Applicants for licenses to commence, manage, engage in, maintain, conduct or carry on the business described in Section 5.04.380(Q) and Section 5.04.380(R) as "peddling" or "soliciting" shall furnish to the director of finance the following additional information:

A. Name and description of applicant;

B. Permanent home address and full local address of applicant;

C. A brief description of the nature of the business and the goods to be sold;

D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;

E. The length of time for which the right to do business is desired;

F. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced; where such goods or products are located at the time such application is filed; and the proposed method of delivery;

G. Photograph of applicant and photograph of any vehicle used in such peddling or solicitation taken within sixty (60) days immediately prior to the date of filing application; the picture of the applicant shall be two inches by two inches, showing the head and shoulders of applicant in a clear and distinguishing manner;

H. The names of at least two reliable property owners of the county of Riverside, state of California, who will certify as to the applicant's good character and business respectability or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;

I. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;

J. A statement by a reputable physician of the city, dated not more than ten (10) days prior to submission of application, certifying the applicant to be free of contagious, infectious or communicable diseases;

K. Present a valid and unexpired certification issued by Riverside County Department of Health certifying the storage and maintenance facilities for any perishable foods and/or food products have been inspected and meet Riverside County health and safety regulations for food handling;

L. Meet all additional requirements as described in Section 5.04.380(Q) and Section 5.04.380(R);

M. A valid and current policy or sufficient certificate or certificates evidencing the policy or policies of liability insurance, covering all operations of the applicant and his or her agent, and employees. The policy or policies shall contain an endorsement naming the city as additional insured, shall provide that the city will be given thirty (30) days' written notice prior to cancellation or material change, shall be in the minimum amount of five hundred thousand dollars ($500,000.00) and shall be obtained at the licensee's cost and expense;

N. If peddling is done through the use of a pushcart, the applicant shall furnish the following additional information:

1. The number of pushcarts owned, operated, leased, or controlled by the applicant, that will be used in the city.

2. A description of the logo, color scheme; insignia, and any other distinguishing characteristics of the applicant's pushcarts, accompanied by a color photograph of each pushcart to be used in the city; if the pushcarts to be used are identical, one color photograph may be submitted.

3. The character, location, hours and routing of pushcart operations; and

O. Such other information as the director of finance of the city deems appropriate.

When any change occurs regarding the written information required by this section, prior to or after issuance of a business license, the applicant shall give written notification of such change to the business license division within two weeks of such change.

(Prior code § 13-38)

Any person engaged in or carrying on any profession, trade, calling, occupation or business which is regulated or licensed by the state shall make presentation of a valid unexpired state license as prima facie evidence that such person is so licensed by the state.

(Prior code § 13-39)

Each license shall be issued for a specific location or premise except where this chapter expressly allows otherwise.

(Prior code § 13-40)

A. Every person making application for first business license shall, prior to such application, have a determination made by the planning division of the city community development department that such profession, trade, calling, occupation, or business conforms to city zoning ordinances. Any license issued contrary to the provisions of this section shall be void and of no effect.

B. Every person making application for first business license shall, prior to approval of such application, obtain all necessary inspections, as required by city ordinances, from the building division of the city community development department, the Coachella fire protection district, and the city police department. Any license issued contrary to the provisions of this section shall be void and of no effect.

C. Every person making application for a first license shall estimate the gross receipts, the number of tables, alleys, machines, devices or other applicable basis for the period to be covered by the license to be issued. Such estimate, if accepted by the director of finance as being reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the director of finance with a sworn statement upon a form to be provided by such director of finance setting forth such information as may be therein required and showing, during the period of such license, the gross receipts, the number of tables, alleys, machines, devices or other applicable basis. The license tax shall be ascertained and paid upon such applicable basis, credit being given for the tentative license tax previously paid.

(Prior code § 13-41)

A. In all cases, the applicant for the renewal of a license shall submit to the director of finance, for his or her guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by such director of finance, written under penalty of perjury or sworn to before a person authorized to administer oaths. Such form shall set forth such information concerning the type of the applicant's business and the gross receipts derived therein or other applicable basis during the preceding licensing period as may be required by the director of finance to enable him or her to ascertain the amount of the license tax to be paid by such applicant pursuant to the provisions of this chapter.

B. The director of finance shall determine the average monthly gross receipts, the number of tables, alleys, machines, devices or other applicable basis and compute the license fee payable for twelve (12) months. The license fee payable for the next period shall be the amount based upon the computed twelve (12) months of applicable base. For the purpose of this section, a fractional part of a month shall be considered as a full month.

(Prior code § 13-42)

No statement shall be conclusive as to the matters set forth in this chapter, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable as stated in this chapter. The director of finance of the city shall have the right, to be exercised by himself or herself or a member of his or her department, to inspect the books of any person engaged in or carrying on any profession, trade, calling, occupation or business within the city for the purpose of ascertaining the true license tax of such person. This right can be exercised after five days' written notice to such person. If any person required to make such statement referred to in this section shall fail to do so, such person shall be required to pay a license tax at the amount to be determined by the director of finance for the profession, trade, calling, occupation or business carried on by such person and such person shall be guilty of a violation hereof and be punishable therefor as provided by the code of the city.

(Prior code § 13-48)

A. The information furnished or secured pursuant to the provisions of this chapter shall be deemed confidential in character, and shall not be subject to public inspection, and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this chapter.

B. Unless in compliance with judicial order, or as may be required for the proper administration of this chapter, the director of finance, his or her agents and employees, shall not divulge facts or information obtained in the administration of this chapter.

(Prior code § 13-44)

A. If any person fails to file any required statement within the time prescribed, or if, after demand therefor has been made by the director of finance, he or she fails to file a corrected statement within fifteen (15) days after notification so to do, or it appears to the satisfaction of the director of finance that a statement filed does not set forth the true facts of the business for which the license is required, the director of finance shall determine the amount of license tax due from such person by means of such information as it may be able to obtain.

B. In case such determination is made, the director of finance shall give notice of the amount so assessed by serving it personally or by depositing it in the U.S. Post Office at Coachella, California, postage prepaid, addressed to the person so assessed at the address appearing on his or her last license or application. Such person may, within ten (10) days after the serving or mailing of such notice, make application in writing to the director of finance for a hearing on the amount of the license tax. If such application is made, the director of finance shall give not less than five days' written notice in the manner prescribed in this chapter to the licensee to show cause, at a time and place fixed in such notice, why said amount specified therein should not be fixed for such license. At such hearing the licensee may appear and offer evidence why such specified tax should not be fixed as the license tax. After such hearing, the director of finance shall determine the proper tax to be charged and shall forthwith give written notice to the licensee in the manner prescribed herein of such determination and the amount of such tax.

C. If application by the licensee for a hearing is not made within the time prescribed, the license tax determined by the director of finance shall become final and conclusive.

(Prior code § 13-45)

A. Any person aggrieved by any decision of an administrative officer or agent with respect to the issuance or refusal to issue a license, or the amount of a license tax, may appeal to the council by filing a notice of appeal with the director of finance within fifteen (15) days of such decision. The council shall fix a time and place for hearing such appeal and the director of finance shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the U.S. Post Office at Coachella, California, postage prepaid, addressed to such persons at the address appearing on his or her last license or application. The findings of the council shall be final and conclusive and shall be served upon the applicant in the manner prescribed above for service of notice of hearing.

B. The amount of any license tax finally determined as provided in Section 5.04.250 shall be due and payable as of the date the original license fee was due and payable, together with any penalties that may be due thereon.

(Prior code § 13-46)

Rules and regulations supplementing the provisions of this division shall be established from time to time by resolution of the city council.

(Prior code § 13-47)