Compton Municipal Code § 9-1 License Procedure

[Added by Ord. #1342; Ord. #856, §§ 6100 — 6100.42; Ord. #933; Ord. #990; Ord. #1018; Ord. #1086; Ord. #1361; Ord. #1391; Ord. #1732, § 4; Ord. #2243, § 1]

As used in this Chapter:

ADVERTISING

Shall mean and include:

a.

Operating any shop for the purpose of manufacturing or painting of show cards of any kind whatsoever.

b.

Affixing or displaying bills, cards, signs or other advertising matter in or upon trucks, wagons, trailers, or other vehicles, using the public street. Provided, nothing in this section shall be construed as applying to any sign or advertisement advertising the person owning the trucks, wagons, trailers, or other vehicles, provided the trucks, wagons, trailers or other vehicles are used primarily in the conduct of the business of said person.

c.

Installing or maintaining flags, banners or other decorative advertising displays over or upon any street or other public place.

ADVERTISING BY BILLBOARDS

Shall mean and include every person erecting, installing, maintaining billboards, or operating any other advertising sign, sign device, design or statuary erected to attract the attention of the public and visible from any street or other public place.

ADVERTISING BY DISTRIBUTING HANDBILLS

Shall mean and include every person operating the business of distributing handbills, samples, dodgers, circulars, booklets, or other notices of advertisements. No additional fee shall be required for employees or agents of such licensee engaged in the performance of their duties as employees or agents of such licensee; provided, the employees or agents carry upon their persons at all times while engaged in such business an identification card furnished by the licensee, endorsed by the License Collector.

ADVERTISING BY POSTING

Shall mean and include every person operating the business of advertising by posting, sticking, tacking, affixing or painting bills or signs to or upon posts, fences, buildings or other structures, except billboards or advertising sign boards; provided, that nothing in this section contained shall be construed to affect or apply to any person who shall be liable for and who shall pay a license under any provisions of this Chapter and who shall post, stick, tack, affix upon or erect any such signs on the premises or buildings occupied and used in the business of that person and which sign advertises the goods of the business of the person only.

ADVERTISING BY SEARCHLIGHT

Shall mean and include carrying on the business of advertising by means of a searchlight, stereoscope, biograph, moving picture or any similar device; provided that nothing in this section contained shall be construed to affect or apply to any person who shall be liable for and shall pay the license under any provision of this Chapter, and who shall use a stereoscope, biograph or moving picture or any similar device for the purpose of advertising goods, wares, or merchandise of the business of that person only.

ADVERTISING BY SOUND TRUCKS

Shall mean and include every person operating the business of advertising by means of any vehicle containing amplifiers, phonograph, loud speaker, microphone, broadcasting radio, or a device for public address, or carrying advertising signs, and which is used for announcing or advertising upon the public streets or public grounds in the City.

AUCTION ESTABLISHMENT

Shall mean a fixed place of business where any goods, wares or merchandise are sold or offered for sale or trade by public outcry or public auction, five or more days each year.

AUTO WRECKER

Shall mean and include any person who buys any motor vehicle as the term "motor vehicle" is defined in the California State Vehicle Code, for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles.

BANKRUPT STOCKS

Business includes every person engaged in the business of selling any goods, advertised or designated as sheriff's, assignee's creditor's, bankrupt's, consignee's, trustee's, receiver's, or special sale of damaged goods, damaged by fire, water or otherwise.

Provided, however, that this section shall not apply to sale of goods which are actually in good faith in the possession of the sheriff or trustee in bankruptcy or in possession of any court of the state or of the United States; or the goods belonging to an established business, paying a license, which have been damaged within the City and which are being disposed of in good faith by the person engaged in said business to close out the same.

Except that such sales provided in this section shall be certified to by the City License Collector that such sale is a bona fide sale held by an established licensee to conduct such business in the City and provided further that an inventory of merchandise to be sold at such sale shall be furnished the City License Collector and the Chief of Police and provided further that permission to hold such sale shall not include the right to increase the stock of merchandise or inventory after the sale has been publicly advertised.

BEAUTICIAN

Shall mean and include every person engaged in the business of giving beauty treatments, massage, manicuring, shampooing, or hairdressing, or removing or eradicating surplus hair, moles, warts, or other facial blemishes, by going from house to house or place to place, and if such person be connected with or be operating from an established shop or place of business in the City the license fee specified shall be in addition to any and all fees required of the owner or operator of such shop.

BEAUTY PARLOR

Shall mean and include operating a manicuring, shampooing, hairdressing, facial massage, or beauty parlor, or any establishment where surplus hair, moles or other facial blemishes are removed or eradicated.

BUSINESS

Shall mean and include "professions," "trades," and "occupations," and all and every kind of calling carried on for profit or livelihood.

BUSINESS AND PROFESSIONS GENERALLY

Shall mean and include, but shall not be limited to commission merchants, brokers, hotels containing eight or more guest rooms and intended for occupancy by eight or more guests whether rent is paid in money, goods, labor, or otherwise; and motels including but not limited to any structure which is occupied or intended for occupancy by persons for limited periods of time.

BUSINESS, PROFESSION OR OCCUPATION

Shall not apply to any person engaged in any of the professions or occupations hereinabove enumerated, solely as an employee of any other person conducting, managing or carrying on any such business in the City.

CARNIVAL

Shall mean any fair, festival, or like activity of a temporary nature having a collection of games, rides, booths, or concessions.

CIRCUS

Shall mean and include any tent or canvas enclosure wherein are exhibited any feats of horsemanship, trained animals, clowns, acrobats, trapeze performances, or such other forms of skill or amusement as are commonly given in rings and combinations of entertainments.

CONCESSION

Shall mean and include every person, regularly licensed under this Chapter for the conduct of any business, who rents or leases floor space or a concession to one or more persons in his regular place of business on a cash rental or commission basis, or otherwise.

CONTRACTOR

Shall mean a person who, for a fixed sum, price, fee, percentage, or other compensation other than wages, undertakes with another for the construction, alteration, repair, addition to, or improvement of any building or other structure, project, development, or improvement. "Contractor" shall include "subcontractor" but shall not include anyone who merely furnishes materials or supplies without fabricating the same, or consuming the same, in the performance of the work of the contractor.

EMPLOYEE

Shall mean all persons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, or solicitor, and any and all other persons employed or working in such business.

FORTUNE-TELLING

Shall mean and include operating the business or art of astrology, palmistry, phrenology, life reading, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mesmerism, mediumship, prophecy, augury, divination, magic necromancy, or any occult science and who demands or receives a fee for the practice or exhibition of his business or art, or who practices or gives an exhibition of his business free, or who practices or gives an exhibition of his business as a bonus, prize, or free with the sale of any book or other article, or who gives an exhibition thereof at any place where any admission is charged or received.

FORTUNE-TELLING ADVERTISING

Shall mean and include every person advertising by oral word, sign, circular, handbill, newspaper, periodical, magazine, or other publication, or by any other means whatsoever, fortune-telling or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, for or without pay, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepath, or other crafty art, science, cards, talismans, charms, substances, gypsy cunning or foresight, crystal gazing, oriental mysteries, or magic of any kind or nature.

GASOLINE DELIVERY

Shall mean and include the selling or delivering of kerosene, gasoline, benzene, energine, distillate, stove distillate, furnace distillate, or any other petroleum product by means of a tank wagon, tank truck, or other vehicle.

GROCERY BUS BUSINESS

Shall mean and include every person who sells upon the public streets, from any vehicle commonly known as a traveling grocery store or bus, a general line of groceries or other articles usually carried for sale in grocery stores but shall not include any person peddling fruits, vegetables, poultry, butter, eggs, or other farm produce grown, raised, or produced by himself or by any person whose fees for peddling are otherwise specifically provided for in this Chapter.

GROSS RECEIPTS

Shall mean the gross receipts of the calendar year and is defined as the total amount of the sales price of all sales or the total amount charged or received for the performance of any act, service, or employment of whatever nature it may be, whether such service, act, or employment is done as a part of, or in connection with, the sale of goods or not, for which a charge is made or credit allowed, including all receipts, cash credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included, and this Chapter shall not be construed to impose any tax upon any business or transaction which the City is not authorized to license or tax under any law of the state or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining the gross receipts hereunder.

INVALID COACH

Shall mean a vehicle used to transport the sick and infirm from place to place, but which vehicle is not an emergency vehicle.

ITINERANT VENDOR

Shall mean any person who engages in a temporary business for the sale of goods and who for such purpose hires or occupies any building or structure or portion thereof within the City.

JUNK DEALER

Shall mean and include any person engaged in the business of selling, either wholesale or retail or storing on premises any rags, sacks, bottles, cans, papers, metals, or any articles of junk.

LAUNDRY

Shall mean a place where clothes, wearing apparel, household linen, or other similar articles are washed or ironed, or both washed and ironed, for a fee or compensation.

LINEN SUPPLY

Shall mean a plant operated for the purpose of leasing, renting, or otherwise furnishing clean or laundered table linens, towels, aprons, jackets, overalls, wiping rags, and articles of like nature for a fee.

MONEY LENDER

Shall mean and include every person carrying on the business of loaning money upon personal security, upon evidence of debt, assignments of salary, salary warrants, salary demands, or any personal property, or purchasing for himself or for any other person, commercial paper, evidence of debts, assignment of salary, salary warrants, salary demands, time checks or other evidence of salaries due, or to become due.

Nothing in this section contained shall be deemed or construed to apply to the holder of a bond broker's license, or to any person conducting a banking business under the laws of the state.

PATROL SYSTEM

Shall mean and include any private service or private system which purports to furnish or does furnish to members or subscribers, any watchman or guard, either uniformed or otherwise, to patrol any part of the City or to guard or watch any property, including guarding against theft, fire, or both, or to perform any service usually and customarily performed by the Chief of Police in his capacity as a peace officer.

It does not include the guarding of property of a single owner while such property is not open to public by one or more individuals whose entire salary or wage is paid by such owner, irrespective of whether such salary or wage be paid direct to the individuals performing such guard duty or to another, or service of any nature performed by an employee whose main or principal duty is not that of guarding or protecting property.

PATROLMAN

Shall mean an individual engaged in the act of guarding property as the owner, member, or employee of a period system.

PEDDLER OF NOTIONS

Shall mean and include every person traveling from place to place operating the business of a peddler of food or beverages, flags, banners, balloons, canes, horns, trumpets, musical or noisemaking instruments of any kind, toys, badges, buttons, or souvenirs of any kind. The license referred to in this section shall not entitle the licensee to operate in the Central Business District of the City. Operation shall be limited to licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.

PUBLIC TRANSPORTATION

Shall mean the transportation of persons by motor bus or other motor vehicle over a specified route upon the public streets, irrespective of whether such route lies wholly within the City or has its point of origin and destination wholly within or without the City.

PUSHCART

Shall mean, unless otherwise specified, any wagon, cart, or similar wheeled container, which is not a "vehicle" as defined in the Vehicle Code of the State of California, from which food, beverage or non-food products are offered for sale to the public.

REAL ESTATE BROKER

Shall mean a person who, for compensation, sells or offers for sale, buys or offers to buy, lists or solicits for prospective purchasers, or negotiates the purchase or sale of real estate, or solicits prospective purchasers of real estate, or negotiates loans on real estate, or leases, or negotiates the sale, purchase, or exchange of leases, or offers to lease, rent, or place for rent any real estate or improvement thereon.

REAL ESTATE SALESMAN

Shall mean a natural person who, for compensation, is employed by a licensed real estate broker to sell, or offer for sale, or to list, or to buy, or to offer to buy, or to negotiate the purchase or sale or exchange of real estate, or to solicit prospective purchasers of real estate, or to negotiate a loan on real estate, or to lease or negotiate the sale, purchase, or exchange of leases, or offer to lease, rent, or place for rent any real estate, or improvement thereon.

SOLICITING

Shall mean and include any person who engages in the business of going from house to house and place to place, or at or along the streets, selling or taking orders for, or offering to sell or take orders for, goods or other things of value for future delivery or for services to be performed in the future.

SWAP MEET

Shall mean the act or practice of carrying on, on a single location or premises, the exchange, barter, trade, sale, or purchase of personal property among or between 25 or more persons, not otherwise licensed to do business in the City, less frequently than six times per week.

SWAP MEET OPERATOR

Shall mean that person or group of persons who organizes or administers any swap meet.

SWAP MEET PARTICIPANT

Shall mean that person or group of persons who sets up a table or booth or establishes any location within swap meet premises to exchange, sell, or purchase goods.

THEATER

Shall mean and include a moving picture theater or drive-in theater where moving or motion pictures or legitimate theater or vaudeville shows are exhibited and a fee is charged, collected, or received.

For the purpose of licensing drive-in theaters, seating capacity shall be calculated on the basis of 2 1/2 seats per automobile space provided in such theaters.

VEHICLE

Shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

VEND OR VENDING

Shall mean, unless otherwise specified, selling, or offering to sell, any food, beverage or non-food products of any kind from any vehicle, motor vehicle, transporting mechanism (motorized or nonmotorized), stationary mechanism (e.g., stand or booth), portable box, bag or similar container.

VENDING MACHINES; AMUSEMENT

Shall mean and include each board, set of numbers, alley, wheel, or any individual device whereby a player manipulates the game, device, machine, or other instrument, and each thereof shall be deemed a separate device, machine, or instrument requiring an additional license fee.

VENDING VEHICLE

Shall mean, unless otherwise specified, any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for the selling or offering to sell of any type of food, beverage or non-food products directly to any consumer. Vending vehicle includes, but is not limited to, catering trucks, ice cream trucks, and mobile vendors of stationary dining establishments, but shall not include a vehicle that only delivers food, beverage or non-food products ordered by home delivery customers.

VENDOR

Shall mean, unless otherwise specified, any person who vends or engages in the act of vending.

[Ord. #856, § 6101]

No person shall commence or carry on any business in the City without first having procured a license from the City so to do or without complying with any and all regulations of such business contained in this Chapter; and the carrying on of any business without first having procured a license from the City so to do, or without complying with any and all regulations of such business contained in this Chapter, shall constitute a separate violation of this Chapter for each and every day such trade, calling, profession, or occupation is so carried on.

[Ord. #856, § 6102]

No license issued under the provisions of this Chapter shall be construed as authorizing the conduct of, or continuance of, any illegal or unlawful business.

[Ord. #856, § 6103]

Any sum required to be paid under this Chapter shall be deemed a debt to the City, and any person who engages in any business required to be licensed without obtaining a license so to do shall be liable to an action by and in the name of the City in any court of competent jurisdiction for the recovery of any such amount.

[Ord. #856, § 6104; Ord. #1242]

Each license issued pursuant to the provisions of this Chapter shall state upon the face thereof the following:

a. The person to whom the license is issued;

b. The kind of business licensed thereby;

c. The location of such business; and

d. The date of expiration of such license.

[Ord. #856, § 6105; Ord. #1018; Ord. #1824, #1, A]

To every license mentioned or provided for in this Chapter remaining unpaid 30 days following its date of expiration, whether it be a monthly, quarterly, semi-annual or annual license, a penalty of 25% of the amount of such license shall be added and an additional 10% shall be added each 30 days thereafter until paid, and the penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced.

No greater or less amount of money shall be charged or received from any license than is provided in this Chapter, and no license shall be sold or issued for any period of time other than is provided in this Chapter.

Daily license remaining unpaid at the close of 24 hours after the same becomes due, shall have a penalty of 10% of the amount of such license added and the penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced.

Weekly license remaining unpaid at the close of 48 hours after the same becomes due, shall have a penalty of 10% of the amount of such license added and the penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced.

[Ord. #856, § 6106]

No license for any succeeding current or unexpired license period shall knowingly be issued to any person who at the time of making application for any license is indebted to the City for any unpaid license fee; provided that the License Collector, or his duly authorized deputy, may enter into an agreement with any person indebted to the City for the non-payment of license fees for any past license period, agreeing with such person that such person may pay delinquent license fees for any past license period in equal installments extending over a period not to exceed one year. In such agreement such debtor shall acknowledge its debt to the City and agree in case default be made in the payment of any installment agreed to be paid thereunder that the whole amount agreed to be paid shall become immediately due and payable and that in case suit be brought to enforce collection of the amount agreed to be paid under such agreement that the debtor will pay all costs of suit incurred by the City. In case such agreement is executed, licenses for any current or ensuing license period may be issued to any such person paying the fee prescribed for the current or ensuing license period, together with penalties, if any.

[Ord. #856, § 6107]

No license issued pursuant to this Chapter shall be transferable; provided that where a license is issued authorizing a person to conduct business at a particular location, such licensee may upon application therefor and paying a fee of $1 have the license previously issued amended so as to authorize the conduct of such business from such other location.

[Ord. #856, § 6108]

Duplicate license may be issued by the License Collector to replace any license previously issued which has been lost or destroyed, upon applicant therefor filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the License Collector a fee of $1 therefor.

[Ord. #856, §§ 6109 — 6109.1]

Except as otherwise specifically provided by the provisions of this Chapter, all licenses shall be kept and posted in the following manner:

a. Subject to other provisions of this Chapter, any licensee engaged in business at a fixed place of business shall keep the license issued posted in a conspicuous place upon the premises where such business is conducted.

b. Any person engaged in business in the City, but not operating from a fixed place of business, shall keep the license issued to him upon his person at all times while engaged in such business.

c. License Holders Required for Vehicles. Each person driving, operating or having control of any wagon, cart or other vehicle or using or controlling any tray, basket or other receptacle for which a license is required under the provisions of this Chapter, shall procure a device, herein designated as a license holder, which shall be of such size that the ordinary license issued under the provisions of this Chapter may be inserted and held therein under a transparent face. Such license holder shall be firmly attached to and the license or tag carried therein on the outside rear end of the wagon or vehicle in such manner that the license inserted therein shall be plainly visible whether the vehicle is in motion or not and whether the receptacle is being carried or is stationary.

When a license holder is required by the provisions of this Chapter to be attached to any wagon, cart, tray, basket or other vehicle or receptacle, the current license for such wagon, cart, tray, basket or other vehicle, or receptacle, shall be inserted and kept in such license holder at all times during the term of the license as specified therein and while the person to whom the same is issued shall continue to carry on such business.

d. Expiration of License. No person shall place or keep any license in such license holder longer than 30 days after the expiration of the term for which such license is issued and no person, except the licensee, or his authorized agent, shall take or remove from any such license holder any license therein contained.

e. License Affixed to Machine. Whenever in this Chapter a license tag is required and issued to the licensee, the same shall be affixed to the machine, object or article for which the license was issued.

[Ord. #856, § 6110; Ord. #1732, § 4]

It shall be the duty of the License Collector, and he is hereby directed, to enforce each and all of the provisions of this chapter and of any other Chapter of this Code requiring the payment of any license fee, and the Chief of Police shall render such assistance in the enforcement of this Chapter as may be required by the License Collector and the Council.

The License Collector in the exercise of the duties imposed upon him, and acting through his deputies or duly authorized employees, shall examine all places of business in the City to ascertain whether or not the provisions of this Chapter have been complied with.

The License Collector and his deputies and duly authorized employees shall have the power to examine all necessary books and records of all persons doing business in the City required to be licensed by the terms of this Chapter, for the purpose of ascertaining the amount of license fee required to be paid by the provisions hereof. The officer and each and all of his deputies and duly authorized employees shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed by the provisions of this Chapter, demand an exhibition of such license. Any person having any such license theretofore issued in his possession or under his control, who fails to exhibit the same on demand, shall be guilty of a violation of this Code. It shall be the duty of the License Collector and each of his deputies to cause a complaint to be filed against any and all persons found to be a violator of any of the provisions of this Chapter.

a. Accountant May Be Deputized. For the purpose of the enforcement of this Chapter, the License Collector may with the prior consent of the Council deputize a qualified accountant to examine the necessary books and records of any person doing business in the City. Any failure on the part of any person licensed under this Chapter to exhibit to and allow examination by an accountant so deputized shall constitute a violation of this Code.

The conviction and imprisonment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license fee to conduct such business, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this Chapter. All remedies prescribed by the provisions of this Chapter shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the prosecution of violations of this Chapter.

b. Illegally Sold Merchandise Confiscated. When a peddler is selling illegally in the City he will be cited and his merchandise confiscated by the License Inspector. Perishable items will be disposed of. Nonperishable items will be inventoried and stored pending outcome of Court appearance. If the Court does not stipulate returning merchandise to peddler, the merchandise will be included in the auction conducted by the Police Department.

[Ord. #856, § 6111; Ord. #1206; Ord. #1322; Ord. #1481]

All license inspectors are hereby vested with the powers of the License Collector.

[Ord. #856, § 6112; Ord. #990; Ord. #1206]

All public safety members of the Police Department, Building Inspectors, and Electrical Inspectors are hereby appointed Deputy License Collectors and, in addition to their several duties to which they are regularly assigned, are hereby required to examine all places of business and persons in their respective territories liable to pay a license and to see that such licenses are taken out; provided, however, the Chief of Police shall, in addition to the above inspections provided for, cause a license survey to be made of the entire City when instructed to do so by the City Manager. Such Deputy License Collectors shall have and exercise the power:

a. To make arrests for the violation of any of the provisions of this Chapter; and

b. To enter free of charge, at any time, any place of business for which a license is required by this Chapter and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business. If such person shall then and there fail to exhibit such license, such person shall be liable to the penalties provided for violations of the provisions of this Chapter.

[Ord. #856, § 6113; Ord. #896]

All license fees shall be paid in advance to the License Collector in lawful money of the United States.

Whenever the amount of any business license to be paid under this Chapter is to be determined in accordance with the provisions of Subsection 9-2.1a17, and there has been no previous business experience of the same kind or character by the person obligated to pay the license fee on which to base the amount of the tax, the License Collector, if in his opinion the gross receipts of such business will exceed $10,000, may require a deposit of an amount which in his opinion will cover the amount of the business license to become due under Subsection 9-2.1. Such deposit shall be applied upon any tax ultimately due under the provisions of this Chapter if the deposit is less than the amount of the tax due. If the deposit is greater than the amount of the tax due, the excess of the deposit over the tax due shall be refunded by the License Collector to the person making the deposit.

[Ord. #856, § 6114]

Separate licenses shall be obtained for each branch establishment or location of the business engaged in, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided, however, warehouses and distributing plants used in connection with and incidental to a business licensed pursuant to the provisions of this section shall not be deemed to be separate places of business or branch establishments.

[Ord. #856, § 6115; Ord. #937]

Except as herein otherwise provided, licenses required hereunder shall be due and payable at the following times:

a. Annual licenses on the first day of July of each year, except licenses for those persons or businesses who or which also are licensed by the Contractor's State License Board, pursuant to Chapter 9, Division 3, of the Business and Professions Code of the State of California, which licenses shall be due and payable on the day following the date of their expiration.

b. Semi-annual licenses on the first day of January and the first day of July of each year.

c. Quarterly licenses on the first day of January, April, July and October of each year.

d. Monthly licenses on the first day of each and every month.

e. The weekly licenses in this Article provided shall be due and payable to the City on Monday of each week in advance.

f. Daily licenses in advance on each day.

[Ord. #856, § 6116]

No person charged with the enforcement of any of the provisions of this Chapter shall knowingly accept or receive any sums for any license which is less than or greater than the amount actually required to be paid under the provisions of this Chapter.

[Ord. #856, § 6117; Ord. #937]

In all cases where the license fee is based upon the number of tickets sold, the applicant at the time of applying for license, and monthly thereafter, shall file with the License Collector a verified written statement, sworn to before an officer authorized to administer oaths, showing the number of tickets sold during the preceding month.

When the license fee is based upon the number of persons employed, the applicant at the time of applying for a license shall file a written statement showing the average number of persons employed during the preceding six months. Such written statement shall be made on a form provided by the License Collector.

Unless otherwise provided for in this Chapter the license period for licenses hereunder shall be the fiscal year of the City, beginning July 1 and ending June 30. Subject to the provisions of this Chapter the license fees required to be paid hereunder shall be due and payable on July 1 of each year and shall be delinquent 30 days after same become due. In the event a portion of the license period has lapsed prior to the application for a license, the amount of the fee payable shall be apportioned on a quarterly basis and applicant shall pay 3/4, 2/4, or 1/4, as the case may be, of the total annual license fee.

The license period for all licenses issued to persons or businesses who or which also are licensed by the Contractors State License Board pursuant to Chapter 9, Division 3 of the Business and Professions Code of the State of California, shall be for a calendar year from the date of issuance and the license fee required to be paid hereunder shall be due and payable on the day such license is issued and thereafter on the date following the expiration date of such annual license.

[Ord. #856, § 6117.1]

Where the license fee is based upon the number of persons employed and applicant has not previously been engaged in business required to be licensed hereunder in the City, or has been engaged therein for a period of less than six months immediately preceding his application, he shall file a written statement setting forth the estimated total number of persons he intends or expects to employ for the ensuing six months. Such written statement shall be made on forms provided by the License Collector and shall be sworn to before an officer authorized by law to administer oaths. Such persons shall pay annually a license fee of $12, plus a sum of money equal to $1 per annum per employee for the estimated number of employees. At the end of said six months the licensee shall file with the License Collector a statement sworn to before an officer authorized by law to administer oaths, showing the average number of persons employed by him for the preceding six months. If the average number of persons employed exceeds the number estimated at the time the license was issued, the licensee shall be required to pay an additional sum equal to $1 for each employee in excess of the number estimated. If the average number of persons employed is less than the number estimated at the time the license was issued, the licensee shall be entitled to receive from the City a refund of a sum of money equal to $1 for each estimated employee in excess of the average number employed.

[Ord. #856, § 6117.2]

Any person who fails to file any required statement, or fails to pay the amount required hereunder within the time fixed by this Chapter shall be assessed the same penalty provided in this section for failure to pay a license fee before it shall become delinquent, which sum shall become a part of the license fee required to be paid hereunder. No such statement shall be conclusive as to the matters set forth therein, nor shall the filing of such statement preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the License Collector, who is hereby authorized to examine, audit, and inspect such books and records of any licensee or applicant for a license as may be necessary in this judgment to ascertain the correct amount of license due. All licensees, applicants for licenses, and persons engaged in business are hereby required to permit the examination of such books or records for such purposes. The information or data obtained from such examination or audit or from any statements required hereunder shall be used for the purpose of enforcing the provisions of this section and for no other purpose.

[Added by Ord. #1468, § 6117.3]

Any person who carries on any business without first obtaining a license therefor shall pay a penalty of 10% of the prescribed license fee. An additional 1% of the license fee due shall be added to the license fee for every three days or fraction thereof that the license fee is delinquent; provided, however, the total amount of such penalty to be added shall in no event exceed 50% of the amount due. Such penalty shall be collected and the Code enforced in the same manner as other business license fees are collected and payment enforced.

[Ord. #856, § 6118]

The License Collector shall have, in addition to all other powers conferred upon him, for good cause shown, the power to extend the time for filing any such statement for a period not to exceed 30 days and, in such case, to waive any penalty that would have otherwise accrued, and, with the approval of the Council and the written approval of the City Attorney, to compromise any claim for a license fee subject to the provisions of this Chapter.

All moneys collected by the License Collector under this Chapter for licenses shall be remitted to the City Treasurer daily.

[Ord. #856, § 6119]

If any person fails to file any statement required by this Chapter within the time prescribed hereby or, after demand therefor made by the License Collector, fails to file a corrected statement, the License Collector, with the consent of the Council first obtained, may determine the amount of the license fee due from such person from such information as he may be able to obtain and if necessary may estimate the fee required to be paid hereunder upon the basis of external indices on hand, capital invested, dividends paid, sales or other taxes paid, number of people employed, or by considering other facts. In case such a determination is made, the License Collector shall give a notice of the amount so assessed by serving the notice personally or by depositing the notice in the United States Post Office in the City, with postage prepaid thereon, addressed to the person so assessed at his last known address. Such person may, within 10 days after the mailing or serving of such notice, make an application in writing to the License Collector for a hearing on the amount of the tax. If such application is not so made within the time prescribed, the assessment shall become final. After such an application is filed, the License Collector shall cause the matter to be set for hearing, within 15 days, before the Council. The Council shall consider all evidence produced and shall make written findings thereon, and a copy of such findings shall be served upon the applicant in the manner prescribed in this section for the service of the notice of assessment. Such findings shall become final at the expiration of five days after the date of service, within which time exceptions may be filed by the applicant with the City Clerk. If filed, the Council shall consider such exceptions and make such modifications as may be deemed necessary, and thereupon the final assessment shall be made.

[Ord. #859, § 6119.1 and 2; Ord. #968]

a. In all cases where the amount of license to be paid by any person under any provision of this Chapter is based upon the amount of receipts or sales or of business transactions, or upon the number of wagons or other vehicles used, or upon the number of chairs in any barber shop, or upon the number of rooms in any building, such person, before obtaining a license for his business, shall render to the License Collector, for his guidance in ascertaining the amount of license to be paid by such person, a written statement, under penalty of making a false statement, showing the schedule or bracket of license fee, as set forth in this Chapter, required to be paid on the total amount of receipts or sales or of business transactions during the calendar year next preceding the date of such statement in which such business falls by virtue of the total amount of receipts or sales or of business transactions made or done during said calendar year by such business, or the number of wagons or other vehicles used, or the number of chairs in such barber shop, or the number of rooms contained in such building; provided, however, where the quarterly or semiannual license to be paid under any section of this Chapter is based upon the gross annual receipts of the business transacted, or the gross annual commissions, fees, or compensation received or collected, only one such statement need be filed during any calendar year, which statement shall be filed at the time the first quarterly or semiannual license is procured, and the license to be paid during the next preceding quarterly or semiannual period of the year shall be determined by and based upon the statement filed at the time the first quarterly or semiannual license is procured.

b. No such statement shall be conclusive upon the City, or upon any officer thereof, as to the matters therein set forth, and the same shall not prejudice the right of the City to recover any amount that may be ascertained to be due from such persons in addition to the amount shown by such statement to be due in case such statement shall be found to be incorrect.

If any person hereby required to make such statement shall fail so to do, such person shall be required to pay a license at a maximum rate herein prescribed for the business carried on by such person and shall be guilty of a violation of this section and be punishable therefor as herein provided; provided, however, in any case where the first license is to be issued for any newly established business, no statement need be made, at the time such first license is issued, of the amount of receipts, sales, or business transacted, and the minimum rate prescribed herein shall be paid at the time such first license is issued for any such newly established business, the amount of the license for which is regulated by the amount of the receipts, sales, or business transacted, and, at the termination of the license period during which the operation of such business is commenced, the license shall be ascertained for such license period and paid in the manner provided in this section for ascertaining and payment of licenses for other license periods, after deducting from the amounts so found to be due the amount paid at the time such first license was issued.

All statements filed pursuant to the provisions of this subsection shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the License Collector to so preserve and keep such statements that the contents thereof may not become known except to the person charged by law with the administration of this section.

[Ord. #856, §§ 6120 — 6120.2; Ord. #899; Ord. #990; Ord. #1107; Ord. #1260]

a. The provisions of this Chapter shall not be deemed or construed to require the payment of a license to conduct, manage, or carry on any business, or require the payment of any license from any institution or organization so conducted, managed, or carried on wholly for the benefit of charitable purposes, or from which profit is not derived, either directly or indirectly, by any person; nor shall any license be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects whenever the receipts of such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school, or to any religious or benevolent purpose within the City; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any person; provided, however, nothing in this section contained shall be deemed to exempt any such association or organization from complying with the provisions of this Code requiring such institution or organization to obtain a permit from the Council or proper officer to conduct, manage, or carry on any business; provided, further, that no business referred to or included within the provisions of this section shall be exempt from the requirement of obtaining a license and the payment of the fee therefor, as provided in this Chapter, if such business is to be conducted from premises situated within an area bounded on the east by Alameda Street, the south by Almond Street, the west by Willowbrook Avenue, and the north by Elm Street, and on more than a casual basis. "Casual basis," as herein used, is defined to mean the conduct of such business for periods of time not in excess of seven days in any one calendar year at any one or more premises situated within the area above described.

b. Nothing in this section contained shall be deemed or construed as applying to any person managing, or carrying on, or engaging in any business exempt from taxation by municipal corporations by virtue of Section 14, Article 13 of the Constitution of the State or by the Constitution of the United States.

c. Licenses for Infirm or Poverty Stricken. The Council may, upon written evidence received from the Associated Charities, License Inspector, or other competent source, that any person, by reason of physical infirmity, unavoidable misfortune, or unavoidable poverty, merits exemption from the operation of any license required by any provision of this Chapter, allow such person an exemption of $15 on one license for the conduct of any one business licensed by any provisions of this Chapter, or a free license to peddle or solicit within the City.

d. Licenses for Veterans.

1. Any veteran or widow of any veteran of the Mexican War, Civil War, Spanish-American War, World War I or II, or the Korean Conflict who is a bona fide resident of the City may be exempt from payment of the first year's license fee or an amount not to exceed $15 from the fees required by this Chapter. No such exempt license shall be granted by the License Collector until an application has been made and satisfactory evidence of eligibility has been filed with and approved by the License Collector.

2. In addition to the first year's license, a renewal of such exempt license may be granted by the License Collector provided the gross income from such business does not exceed $5,000 per year; and it is further provided that a statement of the gross income from such business, duly sworn to before a notary public or one authorized by law to take oaths, shall be filed with the License Collector before such renewal shall be granted.

3. Any person exempted from license charges under Section 16001 of the Business and Professions Code of the State of California is hereby exempted from the payment of City license fees for engaging in the type of exempted operations covered by that section.

[Ord. #856, § 6121]

Whenever the License Collector shall issue any license granting any exemption provided for in this section, the person to whom such license is issued shall endorse thereon his signature in ink in the presence of an employee of the License Collector, and no such license shall be transferable.

Any such exempt license shall be issued by the License Collector only for the minimum license period of any such business and may be renewed for the same period under the same conditions and in the same manner as originally obtained.

[Ord. #856, § 6122]

At any time that it shall appear to the satisfaction of the Council that none of the conditions specified in this section as meriting exemption from license requirements exist as to any person to whom any such exemption has been allowed, the Council may revoke such exemption and the exempt license issued thereunder.

[Ord. #856, § 6123]

Every person who operates any business, whether upon a cost, rental, or commission basis, as a concession or upon rented floor space in or upon the premises of any person licensed under any provisions of this Chapter shall be required to obtain a separate and independent license pursuant to the appropriate provisions of this Chapter and shall be subject to all the provisions of this Chapter, regulatory, directive, or penal.

[Ord. #856, § 6124]

Every person claiming to be entitled to exemption from the payment of any license provided for in this Chapter upon the ground that such license casts a burden upon his rights to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the License Collector, disclosing the interstate or other character of his business entitling such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods to be delivered, the place from which the goods are to be shipped or forwarded, the method of solicitation or taking orders, the location of any ware-house, factory, or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit for the information of the License Collector.

If it appears that the applicant is entitled to such exemption, the License Collector shall forthwith issue a free license.

[Ord. #856, § 6125]

When any person is engaged in any business licensed under the provisions of this chapter and, as an incident to such business, accepts secondhand goods as part payment on any new merchandise, such person shall not be required to obtain a license as a secondhand dealer, for the doing of such act shall not be considered as dealing in secondhand merchandise.

[Ord. #856, § 6126; Ord. #1453]

Any license, permit, or certificate issued by the City to any person to carry on any business under the provisions of this Code may be revoked or suspended by the Council or suspended by the Chief of Police or the Health Officer as follows:

a. The Council may, upon its own motion, or upon written charges filed by the Chief of Police or the Health Officer, give notice to any licensee, permittee, or certificate holder to appear before the Council at a time and place set for such hearing to show cause, if any there may be, why the license, permit, or certificate issued to such licensee, permittee, or certificate holder should not be revoked or suspended. Such notice shall state the grounds for complaint or reasons for the revocation or suspension in clear and concise language.

Additionally, the Chief of Police or the Health Officer may serve a notice to such licensee, permittee, or certificate holder to appear before the Council at a time and place set for such hearing to show cause as described in this subsection and shall file a copy of such notice with the City Clerk within two working days after the service of said notice. The City Clerk, upon the request of the Chief of Police or the Health Officer, shall set the hearing to show cause for a time in compliance with the notice requirements set forth in Paragraph b of this subsection.

b. Hearings for persons whose licenses have been suspended shall be set within 15 days after the date of the suspension. The licensee, permittee, or certificate holder may be granted a continuance of the hearing if he is served with a notice thereof less than five days prior to the hearing date.

[Ord. #856, § 6127; Ord. #1453]

a. The Chief of Police, the Health Officer, or the Council, upon its own motion, may suspend any license, permit, or certificate without previous notice and pending a hearing when it appears to the Chief of Police, Health Officer, or Council that the immediate suspension of any license, permit or certificate is necessary for the public health, morals, safety, and general welfare.

b. At the time of the suspension of any license, permit, or certificate, the licensee, permittee, or certificate holder shall be served with a written statement containing the reasons for such suspension.

c. Within five working days after such suspension of any license, unless such license is sooner restored, such licensee, permittee, or certificate holder shall be served with a notice of hearing to show cause in the form set forth in Paragraph a of Subsection 9-1.31.

[Ord. #856, § 6128]

At any hearing provided for in this Chapter the licensee, permittee, or certificate holder shall be given an opportunity to appear, either personally or by counsel, and to be heard, and to defend himself and he may call witnesses on his behalf.

The Council may continue such hearing from time to time upon good cause being shown therefor, providing, however, that if the license has been suspended prior to said hearing the same must be completed within two days including the first day of hearing.

[Ord. #856, § 6129]

After conducting such hearing as hereinabove provided for, the City Council may revoke, suspend or reinstate any such license, permit or certificate upon such terms and conditions as in the exercise of a reasonable and sound discretion it shall determine. The order of the Council revoking, suspending, or reinstating said license, permit or certificate shall be final and conclusive.

[Ord. #856, § 6130]

Any notice required to be given under this Chapter may be given either by personal delivery thereof to the licensee, permittee or certificate holder, by personal delivery thereof to any employee of such licensee, permittee or certificate holder at his place of business mentioned in the license, permit or certificate providing the licensee, permittee or certificate holder is absent from the place of business, or by depositing in the United States Mail in a sealed envelope, postage prepaid addressed to such person to be notified at his last known business or residence address as the same appears in the license, or in other public records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of the deposit in the Post Office.

[Ord. #856, § 6131]

Proof of giving any notice herein provided may be made by the certificate of any officer, or employee of this City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this section.

[Ord. #856, § 6132]

The City Council shall orally or in the manner hereinbefore provided for giving notice, notify the licensee, permittee or certificate holder of any finding, suspension, revocation or reinstatement made by it, or any conditions attached thereto.

[Ord. #856, § 6133; Ord. #990; Ord. #1,773, § 1]

The Chief of Police or the Health Officer after suspending and the City Council after revoking or suspending any such license, permit or certificate shall notify the City Clerk and the City License Collector of such fact, and thereafter no license shall be issued to the licensee whose license was revoked or to any new license applicant who seeks a license at the location (address of business at the time of the license revocation) by the City License Collector to any licensee, permittee or certificate holder to carry on any business or do any act for which such license, permit or certificate was granted until a new license, permit or certificate shall have been granted therefor by the City Council.

[Ord. #856, § 6134]

No person whose license, permit or certificate has been revoked or suspended pursuant to this Chapter shall engage in or carry on any business, or do any act permitted to be done pursuant to such license, permit or certificate during the period of suspension, or after revocation thereof, until a new license, permit or certificate shall have been granted.

[Ord. #856, § 6135]

No person shall make any false, misleading or fraudulent statement, or misrepresent any fact in any application for a license, permit or certificate required to be filed with the City Council, or with any Board, Commission or authorized person of this City. In addition to any other penalties provided in any Chapter of this Code, such conduct shall be grounds for suspending or revoking any license, permit or certificate issued to such person.

[Added by Ord. #1054, § 6136; Ord. #1062]

No new license to conduct a business, occupation, profession, manufacturing or industrial use at a particular address in the City of Compton shall be issued by the City License Collector until a Certificate of Occupancy has been issued by the Planning Department pursuant to requirements of § 30-33, except that the City License Collector may issue a temporary license, pending the issuance of a Certificate of Occupancy. Any temporary license issued in accordance with this section is revocable at any time by the City License Collector upon 10 days' written notice to temporary licensee.

[Ord. #1846, § 1]

a. Every individual business that has a business license in Compton for the sale of merchandise, where a sales tax is collected, shall have a cash register or some form of recording device which dispenses a receipt and records a purchase for each item sold.

b. Every employer, employee or anyone selling merchandise as described above shall offer a receipt to all purchasers of goods.

[Ord. #1977, § 1]

a. Whenever delinquent business license fees and appropriate penalties cannot be collected after proper notification to the property/business owner, the total uncollected amount including penalties and administrative fees shall become assessments, and the City Treasurer shall compile a list of such assessments together with parcel number designations and addresses upon which the assessments are being fixed, and forward them to the City Clerk.

1. Proper Notification to the Property/Business Owner:

(a) A letter will be sent to each delinquent business owner giving him or her 30 days to appeal this action in writing to the Treasurer's Office.

(b) The City Treasurer will review the appeal upon receipt.

(c) If no appeal is received within the prescribed number of days, it will be considered a waiver of right to further appeal, and we will proceed with the proposed action.

b. The City Clerk shall file such assessments with the auditor of the County of Los Angeles, State of California, directing that all unpaid business license fees, penalties and administrative fees be entered as lien charges against said property as it appears on the current assessment rolls. Liens will be collected at the same time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of Compton are collected. The City Clerk shall present for recording appropriate notices of the imposition of these liens with the County Recorder.