El Dorado County Municipal Code Ch. 5.14 Special Business License

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Editor's note— See also miscellaneous development requirements, ch. 130.14; temporary use permits, ch. 130.23; commercial districts, ch. 130.32; agricultural districts, ch. 130.36; commercial districts, ch. 130.58.

A. There are certain types of enterprises which require special investigation, review and regulation in order to ensure that the public health, safety and welfare is adequately protected. The necessity to conduct such investigation, review and regulation arises for reasons which include, but are not necessarily limited to, the following:

1. The tendency of certain types of enterprises to engage, whether intentionally or unintentionally, in the promotion of crime, whether through the sale of stolen goods or otherwise;

2. The tendency of certain types of enterprises to be placed where criminal activity occurs either by virtue of the type of clientele attracted or for other reasons;

3. The fact that patrons of particular types of enterprises are vulnerable to fraudulent charging or other practices either because of the nature of the businesses, the type of service or merchandise offered, the circumstances under which the merchandise or service is purchased, or for other reasons;

4. The fact that certain types of enterprises create health or safety risks which require special regulation; and

5. The fact that certain types of enterprises require access to private property, particularly residential property, or frequent residential neighborhoods, generating high risks to the safety of persons and property.

B. The purposes of this chapter are to establish special regulations applicable to the type of enterprises under this chapter, and to regulate such enterprises through a special business licensing procedure in order to protect and safeguard the health, safety and welfare of the citizens within the unincorporated area of the County.

(Code 1997, § 5.14.010; Ord. No. 3515, § 12(part), 1985)

No person shall, unless under and by authority of a valid, unexpired and unrevoked special business license, conduct or operate within the County, whether singularly or in connection with another type of enterprise, the following:

A. Any enterprise or activity for which a special business license is required by this chapter and Chapter 5.34;

B. Door-to-door soliciting and selling and itinerant tire chain sellers;

C. Fortunetelling;

D. Itinerant businesses;

E. Secondhand dealers and pawnbrokers.

(Code 1997, § 5.14.020; Ord. No. 3515, § 12(part), 1985)

In addition to the information required by the Tax Collector for issuance of a regular business license, each applicant for a special business license shall file with the Sheriff a written sworn application signed by the applicant if an individual, partner if a partnership, or president or secretary if a corporation, showing:

A. The name of the applicant, permanent address, date of birth, height, weight, color, color of eyes and hair, marks or scars, the nature of the applicant's interest in the proposed business, a four-inch by five-inch, full-face photograph of the applicant, and any other information which may be required;

B. The name of the person having the management or supervision of the applicant's business, if applicable, during the time that it will be carried on within any unincorporated area of the County, the local address of such person, such person's capacity and relationship to the business;

C. Complete information regarding the person having the local management and/or supervision of the applicant's business including those items set forth in Subsection A of this section, as well as a description of such person's motor vehicle, number of associates involved in the business for which the license is sought, proposed address where business is to be conducted and length of time it is proposed that the business will be conducted;

D. The type of business to be conducted including, as applicable, the nature, character and quality of the labor to be performed, or goods, wares or merchandise to be sold or offered for sale by the applicant in the County, the invoice value and quality of the goods, wares and merchandise, merchandise, whether they are proposed to be sold from stock in possession and by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery, where the goods or property proposed to be sold are manufactured or produced and where the goods or products are located at the time the application is filed, the names and addresses of all owners of the business and the nature of their interests therein, if a corporation the State in which the business was incorporated;

E. The place other than the permanent place of business of the applicant where the applicant, within six months preceding the application, has conducted the business for which a special business license is sought, giving the post office and street address of any building or office in which the business was conducted;

F. The fingerprints of the applicant and of the person having the local management or supervision of the applicant's business shall be taken by the Sheriff in such manner as he or she may require;

G. The Sheriff may conduct such investigations as he or she deems necessary to ascertain or verify the applicant's qualifications for a special business license. Such investigations shall be completed within 30 days of the filing of the application, and the applicant given notice thereof;

H. The Sheriff may deny issuance of a special business license if he or she finds in writing that:

1. The applicant fails to provide information in connection with the application;

2. The statements made in the application, or in any information submitted supplementary thereto, are false;

3. The applicant, the applicant's partner or majority shareholder or director or officer or member of the applicant's management committee has been convicted of a felony, petit theft or crime involving moral turpitude, and that by reason of the crime or other act involving dishonesty, fraud or deceit with intent to substantially injure another such person would be unlikely to conduct the enterprise in a law abiding manner or would conduct the business in a manner which would subject patrons of the enterprise to risk of harm or criminal, deceitful or otherwise unethical practices;

I. If it is determined by the Sheriff that the application cannot be properly granted, the basis for denial shall be noted on the application and shown to the applicant on demand.

(Code 1997, § 5.14.030; Ord. No. 3515, § 12(part), 1985)

A. Special business licenses shall be valid and current for a term of one year unless revoked sooner, or as specified in this title; except that the special business license issued pursuant to Financial Code § 21300 et seq., and Business and Professions Code § 21640 et seq., for secondhand dealers and pawnbrokers shall be valid and current for a term of two years unless revoked sooner.

B. Licenses may be renewed for a qualified applicant upon submitting such further information and pictures as the Sheriff requires to keep the Sheriff's file on the applicant current.

(Code 1997, § 5.14.040; Ord. No. 3515, § 12(part), 1985; Ord. No. 3737, § 4, 1987)

A separate license shall be obtained by each solicitor or seller, as set forth in this chapter, even though employed by the same business.

A. Nothing in this chapter shall be deemed to permit the soliciting of orders, subscriptions, or sale or offer to sell vehicle tire chains at any location excluded by State law or State permit.

B. This chapter shall not apply to solicitation or sale by organization whose solicitations are not for profit, or are for the solicitation or sale of newspapers.

(Code 1997, § 5.14.050; Ord. No. 3515, § 12(part), 1985)

In addition to a special business license, the Sheriff shall certify that, during a period of three months prior to the application for such license, the applicant has complied with all laws and ordinances requiring reports of the purchase or receipt of secondhand merchandise.

(Code 1997, § 5.14.060; Ord. No. 3515, § 12(part), 1985; Ord. No. 3737, § 5, 1987)

A. No license may be issued without the express authorization of the Board of Supervisors. The Board may limit the number of licenses issued to such number as in its judgment will serve the public health, safety and welfare.

B. Within 30 days after an application is made, the Sheriff shall file a written report with the Board of Supervisors stating his or her recommendations regarding issuance of the license.

(Code 1997, § 5.14.070; Ord. No. 3515, § 12(part), 1985)