Escalon Municipal Code § 5.04.060 Business license – Application

A. All applications for a business license shall be made to the finance director on forms furnished by the finance director and shall state all facts necessary and proper to be known and stated for the issuance of such license, including the following:

1. The kind or character of the business or business enterprise;

2. The location of the business or business enterprise;

3. The full name and residence of the proposed licensee;

4. The period of time such business or business enterprise is intended to be continued, or for which the proposed license is to be issued; and

5. Such other facts or information as the finance director may require, including any supplemental paperwork required in accordance with EMC § 5.04.180.

B. If the license fee payable under this chapter is fixed or to be determined by the amount of gross sales or gross receipts, then for new businesses and business enterprises not previously licensed, the application shall state an estimate of the amount of such gross sales or gross receipts anticipated for the period for which the license is proposed to be issued.

C. For established businesses and businesses previously licensed, the application shall state the amount of gross sales or gross receipts for the last preceding license period. All applications for license shall be verified by the applicant.

D. Whenever a license is applied for which must be approved by the chief of police or city council before being issued in accordance with EMC § 5.04.150 or § 5.04.160, or whenever a license is applied for to conduct a business of a temporary nature, the finance director or designee may require the person applying for a license to submit their thumb- and fingerprints supplement to the application therefor.

E. Any application for a new annual license received after November 30th will be processed to include the following calendar year.

(Ord. 585 § 2.1 (Exh. A), 2020)

On receiving proper application therefor and containing the necessary information, it shall be the duty of the finance director to issue a license under this chapter to every person paying a license fee or entitled to such license. The finance director shall determine the business classification of the applicants; provided, that any person may appeal to the city council from the decision of the finance director as to such classification in accordance with EMC § 5.04.140, and the council, after hearing, shall fix and determine the classification and the amount of fee required for such license, and the determination of the council shall be final. In no case shall any mistake by the finance director stating the amount of the license fee prevent the collection of what shall be actually due, with all costs against any licensee, or against anyone commencing or carrying on any business enterprise within the city, without a license.

(Ord. 585 § 2.1 (Exh. A), 2020)

Each license issued under this article shall be upon the forms furnished by the finance director and shall set forth and contain the name of the licensee, or of the business licensed, the address of the licensee, and the location of the business licensed, the period of time covered by such license, and such other information as the finance director may deem necessary or proper.

(Ord. 585 § 2.1 (Exh. A), 2020)

An annual license is effective from January 1st to December 31st of each year. To renew an annual license, the business must submit to the city a renewal application form, the required supplemental documents listed on the renewal application form, and annual license fees in accordance with this chapter. The annual renewal paperwork and license fees shall be due and payable to the city on or before January 1st of each and every year. Any person liable to pay an annual license fee, but intends to conduct business for only a portion of the year, shall nevertheless be required to pay the full annual fee.

(Ord. 585 § 2.1 (Exh. A), 2020)

A. The finance director, chief of police or city council may deny an application for a business license, if the applicant or any agent or representative thereof has:

1. Made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this title;

2. Violated any of the provisions of this chapter or any provisions of any other ordinance or law relating to or regulating said business or occupation;

3. Been convicted of a crime, the nature of which indicates the applicant's unfitness to operate the proposed business. A plea or verdict of guilty, a finding of guilty by a court in a trial without a jury, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction;

4. Failed to obtain or comply with a license, where this code or the laws of the State of California require a person or entity to be licensed under and by virtue of its laws;

5. Proposed to conduct or carry on a business where prohibited by the zoning ordinance or within a structure which does not comply with applicable building code regulations.

B. The denial of a business license may be appealed pursuant to EMC § 5.04.140.

(Ord. 585 § 2.1 (Exh. A), 2020)

Every person having a license under the provisions of this article shall post the license in the place of business of the license, and shall produce and exhibit the license when applying for a renewal thereof; and whenever requested to do so by any police officer or by any officer authorized to issue or inspect licenses or to collect license fees. Every person not having a place of business and required to have a license by this chapter shall carry the license while engaged in the pursuit for which the license is issued. All solicitors and peddlers shall wear self-provided photo identification consisting of the peddler's or solicitor's legal name, and the name, address, and phone number of the business entity represented. This identification must be presented to the city before a business license will be issued. Peddlers and solicitors shall also have on their person proof of business license with the city.

(Ord. 585 § 2.1 (Exh. A), 2020)

No license granted or issued under any provision of this article shall be transferable or assignable, except in the case of bona fide sale of the entire business for which such license was issued; and then only in case such sale is reported to the finance director, a fee set by resolution of the city council is paid, and the consent of the finance director to such assignment is obtained. The licensed business shall be carried on only at or from the place specified in the license unless any change in location is reported to the finance director, and the consent of the finance director to such change in location is obtained.

(Ord. 585 § 2.1 (Exh. A), 2020)

The finance director may revoke or suspend any license issued under this title in any of the following circumstances: (A) the finance director makes any finding necessary to deny a license under EMC § 5.04.100; and (B) the licensee violates any provision of this chapter or this code. The finance director shall provide notice of any decision under this section to be delivered to the licensee personally, or left at their place of business, if they conduct their business in a fixed, bona fide and established place in the city, or by mailing the notice at the mailing address stated on their application. Upon revocation or suspension of a license, the finance director may, in such cases as it deems proper, order refunded to the person whose license is revoked or suspended the prepaid license fees of such person. If the revocation or suspension of license is for violation of the terms and provisions of this title, or other regulatory ordinances of the city, the prepaid license fees shall be forfeited to the city.

(Ord. 585 § 2.1 (Exh. A), 2020)

A. Submission of Appeal.

1. Any person aggrieved by the decision of the city with respect to the issuance or refusal to issue a license or any other determination pursuant to this title may appeal that decision to the city manager within 15 calendar days following service of notice of the action was received or the permit or license was issued.

2. The notice of appeal shall be in writing and signed by the person making the appeal, or his or her legal representative, and shall contain the following:

a. The name, address and telephone number of the appellant;

b. A true and correct copy of the notice of the decision or action issued by the city manager that the appellant is appealing;

c. A specific statement of the reasons and grounds for making the appeal in sufficient detail to enable the city manager to understand the nature of the controversy, the basis of the appeal, and the relief requested;

d. All documents or other evidence pertinent to the appeal that the appellant requests the city manager to consider at the hearing.

3. At the time of filing the appellant must pay the designated appeal fee, which may be established by resolution of the city council.

4. In the event a written notice of appeal is timely filed, the suspension, revocation, or denial is not effective until a final order has been rendered and issued by the city manager. If no timely, proper appeal is filed in the event of a decision of denial, the license expires at the conclusion of the term of the permit. If no timely, proper appeal is filed in the event of a suspension or revocation, the suspension or revocation is effective upon the expiration of the period for filing a written notice of appeal. Failure of the aggrieved person to file a timely and proper appeal is a waiver of the right to appeal the decision of the city and a failure to exhaust all administrative remedies. In this event, the city's decision is final and binding.

B. Hearing Procedure.

1. Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city manager. The city manager will preside over the appeal, hear the matter de novo, and conduct the hearing pursuant to the procedures set forth in this chapter. The city bears the burden of proof to establish the grounds for the suspension, revocation, or denial by a preponderance of the evidence.

2. The appeal must be held within a reasonable time after the date of filing, but no later than 30 calendar days from that date unless the parties agree otherwise. The city must notify the appellant of the date, time, and location of the hearing at least 10 calendar days before the date of the hearing.

3. At the hearing, the appellant may present witnesses and evidence relevant to the decision appealed. Appeal hearings are informal, and the formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. However, rules of privilege are applicable to the extent they are permitted by law; and irrelevant, collateral, and repetitious evidence may be excluded.

C. City Manager's Decision.

1. No later than 15 calendar days following conclusion of the appeal hearing, and after considering all of the testimony and evidence submitted at the hearing, the city manager will determine if any ground exists for the suspension, revocation, or denial of the business license.

2. If the city manager determines that no grounds for the suspension, revocation, or denial exist, the decision shall be deemed canceled.

3. If the city manager determines that one or more of the reasons or grounds exist, the city manager must issue a written decision containing a finding and description of each reason or ground to uphold the city's decision, and any other finding that is relevant or necessary to the subject matter of the appeal. The decision of the city manager is final. The decision must contain the following statement:

4. A copy of the city manager's decision must be served by first class mail on the appellant. Failure of a person to receive a properly addressed city manager's decision does not invalidate any action or proceeding by the city pursuant to this chapter.

(Ord. 585 § 2.1 (Exh. A), 2020)

Whenever any person desires to engage in any business in the city, enumerated in this section, in addition to the application filed with the finance director, such person shall petition the city council for license therefor, which petition shall state the name of the applicant and any other information, which the city council may by resolution require. On consideration thereof, the council may authorize the same to be issued in whole or in part or rejected in whole or in part. No license shall be issued for the conduct of any such business, except as ordered by the council. Such businesses are the following:

A. Circuses;

B. Public card rooms;

C. Carnivals, tent theaters, animal shows, temporary entertainment under tent or temporary structure;

D. Ambulance service.

(Ord. 585 § 2.1 (Exh. A), 2020)

A. No license shall be issued or renewed for the following businesses without prior authorization by the chief of police and a background check as provided by subsections C and D of this section:

1. Adult entertainment establishments;

2. Bathhouses and massage parlors;

3. Bowling alleys, amusement arcades, commercial arcades, ice skating or roller skating rinks;

4. Fortunetelling;

5. Hospitals, sanitariums, rest homes, mortuaries and funeral parlors;

6. Junk dealers or collectors, secondhand dealers, automobile-wrecking and machine-wrecking yards;

7. Mobile vendors;

8. Pawnbrokers and watchmen;

9. Pool and billiard halls;

10. Private police and detective agencies;

11. Solicitors and peddlers, handbill distributors, transient house-to-house personal and miscellaneous services; and any business not already licensed by the state that enters into a resident's home;

12. Taxicabs, vehicles for hire, and transportation network company drivers;

13. Used vehicle lot, including, but not limited to, cars, trucks, recreational vehicles, watercraft or trailers;

14. Bar with or without food service.

B. No license shall be issued for the following businesses without prior authorization by the chief of police and, in the discretion of the chief of police, a background check as provided in subsection C of this section:

1. Kennels and boarding stables;

2. Theaters maintaining fixed place of business in the city.

C. As part of the business license application for the businesses for which a background check is required, applicants shall provide the following:

1. A list of all criminal convictions, including pleas of nolo contendere, within the last eight years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and explanation thereof; and

2. At the applicant's expense, a complete set of fingerprints taken by the police department.

D. Any person holding a license for any of the following businesses must provide a background check every three years:

1. Adult entertainment establishments;

2. Bathhouses and massage parlors;

3. Fortunetelling;

4. Pawnbrokers and watchmen;

5. Solicitors and peddlers, handbill distributors, transient house-to-house personal and miscellaneous services; and any business not already licensed by the state that enters into a resident's home.

E. If, in the judgment of the chief of police, the representations made in the application, or his investigation of the applicant, discloses that the granting of the license applied for may be detrimental to the public peace, health, safety or general welfare or that the applicant has been convicted of any violation of law involving moral turpitude, he shall not authorize the issuance of the license. The finance director shall thereupon advise the applicant that he may appeal to the city manager in the same manner as provided by EMC § 8.20.190.

(Ord. 585 § 2.1 (Exh. A), 2020)

No license shall be issued covering any business, profession, or operation for which a permit or license is required by the state and/or county unless the applicant shall exhibit the license or permit to the finance director.

(Ord. 585 § 2.1 (Exh. A), 2020)

No license shall be issued covering any business, profession, or operation until the supplemental paperwork required and associated with that business type is completed.

(Ord. 585 § 2.1 (Exh. A), 2020)

A. Only one license shall be required for any business where one of the following conditions are found:

1. There is only one physical location for the business in the city;

2. There are two or more physical locations for the business but the entire business is owned by the same one or more persons or business organizations.

B. In the event there are two or more physical locations for the business not meeting the requirements in subsections (A)(1) and (A)(2) of this section, a separate license shall be required for each location of the business.

C. In the event different parts of the business are owned by different persons or business organizations, although the business is conducted at one location, a separate license shall be required for each part of the business.

(Ord. 585 § 2.1 (Exh. A), 2020)

No personal demands or notices to any persons owing any license fee or additions for delinquencies under this article shall be necessary in order that such persons incur or be charged with the penalties of this article.

(Ord. 585 § 2.1 (Exh. A), 2020)

Persons required to pay a license fee for transacting and carrying on any business under this article shall not be relieved from the payment of any license fee for the privilege of doing such business required under any other ordinance of the city, and shall remain subject to the regulatory provisions of other ordinances.

(Ord. 585 § 2.1 (Exh. A), 2020)

Issuance of a license shall not constitute endorsement of the applicant, their employees or product by the city or its employees. Any such claim of endorsement by the applicant or any agent of their business or product may be cause for immediate revocation of the license. No provisions of this article shall ever be held or construed as licensing or permitting the establishment or carrying on of any unlawful business, game or other activity. Every such unlawful business, game or other activity is prohibited and no license shall be authorized or issued therefor. Any business, game and activity shall be considered unlawful pursuant to this section if it violates either federal or state law.

(Ord. 585 § 2.1 (Exh. A), 2020)