Duarte Municipal Code Ch. 5.04 Licenses and Permits Generally

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, the words and phrases used herein shall have the following meaning:

(a) LICENSE OR LICENSEE. "License" or "licensee" as used generally herein means and includes respectively, the words "permit," or "permittee" or the holder for any use or period of time of any similar privilege wherever relevant to any provision of this title or other ordinance.

(b) PREMISES. "Premises" means and includes all lands, structures, places and the equipment and appurtenances connected or used therewith in any business, and also, any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.

(Ord. 71 § 1, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

No person shall engage in any business which is subject to a license fee under this title without having procured a proper license as prescribed in this title and without complying with all regulations of such business contained in this title and other ordinances.

(Ord. 71 § 2, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

No license shall be issued to engage in any business when the provisions of this title, or other ordinance of this city, require a permit to be obtained as a prerequisite to engaging in such business, until such permit is first obtained. Any license issued in violation of this section shall be void.

(Ord. 71 § 3, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

All licenses shall be prepared and issued by the director of finance appointed by the city council or by a person duly appointed to do so by the director of finance. Each license shall state upon its face at least the following:

(a) The person to whom issued;

(b) The kind of business licensed thereby;

(c) The location of such business;

(d) The effective date of such license;

(e) The expiration date of such license;

(f) Such other information as shall be deemed necessary by the director of finance.

(Ord. 71 § 4, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

The duration of any license issued under the provisions of this title shall be limited as follows:

(a) Except as otherwise provided in this title, if the license fee is any annual license fee, the license shall expire on the last day of the eleventh month following the issuance of the license. For example, a license issued during the month of November shall expire on October 31st of the following year.

(b) Nine month licenses shall be in effect from the day on which the license is issued to and through nine months and shall expire exactly nine months after the day the license is issued. Six month licenses shall be in effect from the day on which the license is issued to and through six months and shall expire exactly six months after the day the license is issued. Three month licenses shall be in effect from the day on which the license is issued to and through three months and shall expire exactly three months after the day the license is issued. For example, a three month license issued on November 15th would expire on February 15th.

(c) If the license fee is a daily license fee, the license shall expire twenty-four hours from the time it becomes effective.

(d) All license fees which apply to business categories not falling within the scope of the above subsection shall be governed by the specific expiration dates set forth in the applicable sections.

(Ord. 414 § 1, 1977; Ord. 71 § 5, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

No license for any ensuing, 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 required to be paid under the provisions of this title.

(Ord. 71 § 6, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

No license issued under this title shall be transferable; provided, however, that where a license is issued authorizing a person to conduct a business at a particular place, such licensee may, upon application to the director of finance, have the license previously issued amended so as to authorize the conduct of such business at another location by the same licensee.

(Ord. 71 § 7, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

All licenses must be kept and posted in the following manner:

(a) Any licensee transacting business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is located.

(b) Any licensee transacting business, but not operating in a fixed place of business in the city, shall keep the license upon his person at all times while transacting such business within the city.

(c) Every vehicle for which a license is required shall display such license in a conspicuous place on the right side of the operator's compartment, so that it is clearly visible from outside the compartment.

(Ord. 71 § 8, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

A duplicate license may be issued by the director of finance to replace any license previously issued under the provisions of this title which has been lost or destroyed upon the licensee filing an affidavit to such fact, and at the time of filing such affidavit paying to the director of finance a fee established by resolution of the city council.

(Ord. 781 § 1 (part), 2006; Ord. 71 § 9, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

Every person claiming to be entitled to exemption from the payment of any license provided for in this title upon the ground that such license casts a burden upon his right 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 director of finance 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 name under which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state of California, 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 director of finance.

If it appears to the director of finance that the applicant is entitled to such exemption, the director of finance shall forthwith issue a free license. In case of dispute the decision of the city attorney shall be final.

(Ord. 71 § 10(a); May 31, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

Every person claiming to be entitled to an exemption from payment of any license fee provided for in this title under state law shall file a verified statement with the director of finance disclosing the character of the business entitling such exemption. Said statement shall state the name and location of the company or firm claiming the exemption, the statutes relied upon, if any, the type of business conducted and facts establishing that the person, organization or firm is exempt under state law. Additional information shall be supplied to the director of finance upon request in order to ascertain whether or not the claimant is exempt under state law. In case of dispute, the decision of the city attorney shall be final.

(Ord. 71 § 10(b); May 31, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

A disabled war veteran shall not be charged a license fee under the terms of this title for engaging in the business of peddler or solicitor, provided such disabled war veteran first furnish to the director of finance satisfactory evidence of honorable discharge from the United States Armed Forces, and furnishes like satisfactory evidence that he or she is unable to obtain a livelihood by manual labor and is a resident of the State of California. However, nothing contained herein shall relieve a disabled war veteran of the necessity for obtaining a license, even though such license may be obtained without fee.

(Ord. 760 § 1, 2001: Ord. 71 § 10(c); May 31, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

All public utilities or privately owned public utilities serving customers within the city of Duarte shall be exempt from the provisions of this title.

(Ord. 71 § 10(d); May 31, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

When any person is engaged in any business licensed under the provisions of this title and as an incident to this 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, and the doing of such acts shall not be considered as dealing in secondhand merchandise.

(Ord. 71 § 10(e); May 31, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

Whenever the director of finance shall issue any license granting any exemption provided for in this title, the person to whom such license is issued shall endorse thereon his signature in ink in the presence of the director of finance, city clerk or deputy city clerk, and no such license shall be transferable.

Any such exempt license shall be issued by the director of finance 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. 71 § 10(f), 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

Minors under the age of eighteen years shall be entitled to a free license for engaging in part-time activities coming within the definition and license requirements of this title, but they shall be subject to all permit and registration procedures.

(Ord. 71 § 10(g), 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

The provisions of this title shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, occupation or activity from any institution or organization which is 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 individual; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the city whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church, nonprofit school, hospital or to any religious or benevolent purpose; nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, nonprofit educational, military, nonprofit service club, 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 purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this title requiring a permit to conduct, manage or carry on any profession, trade, calling or occupation.

(Ord. 71 § 10(h), 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

Any person claiming an exemption pursuant to Sections 5.04.100 to 5.04.170 shall file a verified statement with the director of finance stating the facts upon which exemption is claimed.

(Ord. 71 § 10(i), 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

The director of finance shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption under Sections 5.04.100 to 5.04.170 without payment to the city of the license fee required by this title.

(Ord. 71 § 10(j), 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

The director of finance, after giving notice and a reasonable opportunity for a hearing to a licensee, may revoke any license granted pursuant to the provision of Sections 5.04.100 to 5.04.170 upon information that the licensee is not entitled to the exemption as provided.

(Ord. 71 § 10(k), 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

The conviction and punishment 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 due and unpaid at the time of such conviction, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this title. All remedies prescribed hereunder shall be cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this title.

(Ord. 71 § 11, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

If approved by resolution of the city council, all license fee amounts shall be adjusted annually in accordance with the formula set forth in this section. On April 30th of each year, commencing in 1976, the city clerk shall determine the level on that date of the cost-of-living standard ("the index") of the United States Department of Labor, Bureau of Labor Statistics, for the Los Angeles-Long Beach standard metropolitan area. On April 30, 1976, such level shall be compared with the level as it was on May 31, 1975. On April 30th of each succeeding year, such level shall be compared with the level as it was on the date one year preceding.

The percentage increase or decrease in the level shall be applied to all of the applicable license fees specified in this title, as they may previously have been adjusted by application of this section or otherwise. Such rates shall be adjusted in accordance with the percentage increase or decrease so determined and the result shall be rounded off to the nearest dollar. The rates so determined shall be the rates in effect for the following fiscal year.

(Ord. 394 § 1, 1976: Ord. 374 § 1, 1974)

(Ord. No. 926, Exh. A, 11-12-2024)

The amount of any license fee and penalty imposed by the provisions of this title shall be deemed a debt to the city of Duarte. An action may be commenced in the name of the city in any court of competent jurisdiction, for the amount of any delinquent license fee and penalties.

(Ord. 71 § 12, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

No person shall knowingly or intentionally misrepresent to any officer or employee of the city any material fact in procuring the licenses or permits provided for in this title.

(Ord. 71 § 13, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

(a) Any license or permit granted or issued under the provisions of this title may be revoked or suspended by the finance director if the finance director or his or her designee determines, after a hearing pursuant to Section 5.04.250 of this code, that:

(1) The holder of the license or permit has obtained the license or permit by misrepresentation;

(2) The holder of the license or permit has failed to comply with one or more of the specific provisions of this code or any other resolution or ordinance of this city;

(3) The license or permit is being used in contravention of any state or federal law or regulation;

(4) The holder of the license or permit has not obtained or does not currently hold each and every one of the additional governmental approvals or entitlements required in order to lawfully operate the business, or alternatively, that the holder of the license or permit did not identify, on the application, certain required government approvals or entitlements that the licensee does not have;

(5) The premises wherein any business described in this title is conducted are not in good and sanitary condition, or have become dangerous to or adversely affect the public health, safety, welfare, morals or peace;

(6) The business of the person to whom such license or permit was issued has been conducted in a manner that is dangerous to or adversely affects the public health, safety, welfare, morals or peace; or

(7) The license or permit is being used for a purpose different from that for which it was issued.

(b) SALE OF SYNTHETIC DRUGS PROHIBITED. No person owning or operating a business in the city, and no business holding a business license may sell or offer to sell "synthetic drugs" as that term is defined under Section 6.21.020(1) of this code or engage in any other conduct that is prohibited under Sections 6.21.030, 6.21.040, or 6.21.050 of this code.

(c) REVOCATION OF BUSINESS LICENSE FOR SYNTHETIC DRUG SALES. In addition to any other penalty authorized by law or this code, the penalty for selling, or offering to sell "synthetic drugs" as that term is defined under Section 6.21.020(1) of this code or engaging in any other conduct that is prohibited under Sections 6.21.030, 6.21.040, or 6.21.050 of this code shall be as follows:

(1) FIRST VIOLATION. When a person or business is found to violate this section, that person or business shall be issued a formal, written warning from a city code enforcement officer to cease the prohibited activity.

(2) SECOND VIOLATION. When a person or business is found to violate this section after being issued a formal, written warning for a previous violation, that person or relevant agent for the business shall be given a written notice of violation directing that a management level representative must attend an education course of not less than one hour, on the topic of (and taught by a person reasonably knowledgeable in) the identification and consequences of using synthetic drugs, along with information on how to register for such a course. Formal documentation of the completion of this course shall be provided to the city's code enforcement officer within four weeks of a second violation, and failure to provide such documentation shall result in the code enforcement officer moving forward with summary revocation of the relevant business license as set forth in the following subsection (c)(3).

(3) THIRD VIOLATION. When a person or business is found to violate this section or Chapter 6.2l of this code for a third time, or if a person or business that has violated this section twice fails to timely complete the required education course pursuant to subsection (c)(2) above, that person or business shall be given written notice by the code enforcement officer that its business license for the premises in question is immediately and summarily revoked, and that continued operation of the business in question thereafter shall be deemed a violation of the city's municipal code. A copy of such notice shall be posted at a prominent location upon the property in question. An action to revoke a business license under this section may be appealed within ten days of the date of the written notice of the summary revocation, pursuant to the procedure set forth in Section 5.04.260 of this code. Notwithstanding any provision of the municipal code to the contrary, and because the city council has declared that a business operating in violation of this section poses an immediate threat to public health, safety and welfare, the filing of an appeal in connection with the immediate, summary revocation of a business license under this section shall not stay the effectiveness of the revocation during the pendency of an appeal.

(Ord. 71 § 14, 1960)

(Ord. No. 848, § 1, 6-24-2014; Ord. No. 926, Exh. A, 11-12-2024)

(a) AUTHORITY OF FINANCE DIRECTOR. The director of finance upon hearing, after giving the licensee five days' notice of the grounds for revocation or suspension, and the time and place of hearing, and requiring him to show cause why his license or licenses should not be revoked, may revoke or suspend any one or more of the licenses held by such licensee. Within three days after the decision, the director of finance shall notify the licensee thereof.

(b) APPEAL. Any person aggrieved by the decision of the director of finance may appeal therefrom to the city council in the manner provided in Section 5.04.260.

(c) FAILURE TO APPEAL. In the event no appeal is taken by the licensee, the decision of the director of finance revoking or suspending such license shall become final and conclusive on expiration of the time herein fixed for appeal.

(Ord. 71 § 15, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

Unless a different appeal procedure for specific grievances is provided elsewhere in this title, the following procedures shall apply:

Unless a different appeal procedure for specific grievances is provided elsewhere in this title, the following procedures shall apply:

(a) Any person aggrieved by any decision of the director of finance or of any other officer of the city made pursuant to the provisions of this title may appeal therefrom to the city council within fifteen days after notice thereof, by filing with the city clerk a written notice of appeal, briefly stating in such notice the grounds relied upon for appeal. If such appeal is made within the time prescribed, the city clerk shall cause the matter to be set for hearing before the city council to be held within thirty days from the date of receipt of such notice of appeal, giving the appellant not less than ten days' notice in writing of the time and place of hearing. The findings and determination of the city council at such hearing shall be final and conclusive, and within five days after such findings and determination are made, the city clerk shall give notice thereof to the appellant.

(b) In the event no appeal is taken by the permittee, the decision of the director of finance or other city officer shall become final and conclusive on expiration of the time herein affixed for appeal.

(Ord. 71 § 16, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

The payment of a license fee required by the provisions of this title, and its acceptance by the city and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he has complied with all of the requirements of this title and the city zoning ordinance and all other applicable laws and ordinances, nor to carry on any business in any building or on any premises designated in such license in the event such building or premises are situated in a zone, or locality in which the conduct of such business is in violation of any law.

(Ord. 71 § 17, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

No business license for a new business at any location or an old business at a new location, or a transfer of ownership or management at the same location shall be issued until the building inspector has inspected such premises and given his written statement to the director of finance that the building or buildings are in compliance with the building regulations of the city of Duarte.

(Ord. 72 § 103, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

It shall be the duty of the director of finance, and he is directed to enforce each and all of the provisions of this title, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the director of finance and the city council or either of them.

The director of finance or his deputies in the exercise of the duties imposed upon him hereunder, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this title have been fully complied with.

The director of finance and all of his deputies or any police officer shall have the power and authority to enter, free of charge at any reasonable time, any place of business required to be licensed herein, and demand the exhibit of the license certificate. Any person having such license certificate theretofore issued in his possession or under his control, who willfully fails to exhibit the same is guilty of a misdemeanor and subject to the penalties provided for by the provisions of this title. It shall be the duty of the director of finance and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of the provisions.

(Ord. 71 § 38, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

In addition to all other power conferred upon him, the director of finance shall have the power for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the council, to compromise any claim as to amount of license fee due. Negligence of the applicant above shall not be sufficient cause.

(Ord. 71 § 39, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

Any person violating any of the provisions of this title is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Section 1.04.100 of this code.

(Ord. 72 § 104, 1960)

(Ord. No. 926, Exh. A, 11-12-2024)

(a) Notwithstanding any other provision of this code to the contrary, no license under this title shall be issued for, or if issued shall not be interpreted or construed as authorizing or permitting the conduct of or continuance of, any illegal or unlawful business or practice, including but not limited to, the furnishing, sale, or provisioning of any service, good, or product that is illegal or unlawful under this code or under any state or federal law or regulation.

(b) Should any license under this title be issued for any illegal or unlawful business or practice, such license shall be null and void ab initio, no refund shall be issued for any license fee paid, and the provisions of Section 5.04.250 shall not apply thereto.

(c) Nothing in this section shall limit the authority of the city to enforce any other provision of this code.

(Ord. 789 § 1, 2007)

(Ord. No. 926, Exh. A, 11-12-2024)