Fillmore Municipal Code Ch. 7.04 Business Licenses Generally

(a) It is unlawful for any person, whether as principal or agent, clerk or employee, either for himself, or for any other person, any body corporate, or as an officer of any corporation, or otherwise, to commence or carry on any business in this chapter specified, in the city, without a license having been first procured so to do, and without complying with all regulations of such business contained in this chapter; and the carrying on of any such business mentioned in this chapter without first having procured a license to do so, or without complying with all regulations of such business contained in this chapter, shall constitute a separate violation of this chapter for each day that such business is so carried on. The single word "business" includes trade, calling, profession, and occupation. "Person" includes firm, corporation, association, and co-partnership. The singular includes the plural, and the plural the singular. Each of the masculine, feminine, and neuter includes the other genders.

(b) As used in this chapter, "itinerant vendor" means every person, whether acting as principal or agent, who engages in a business in the city of selling, contracting to sell, taking orders for, or offering to sell or take orders for goods, wares or merchandise, with the intention at the time of engaging in the business or continuing the same for a period of not more than ninety days, and who, in conducting or carrying on the same, leases, subleases or occupies any room, building or structure, or part of any room, building or structure, for the purpose of storing, exhibiting or displaying such goods, wares or merchandise or samples thereof; provided that any person who so engages in such business shall not be excluded from the operation of this section by reason of associating with any local dealer, trader, merchant or auctioneer; provided further, that the provisions of this section shall not apply to commercial agents selling goods, wares or merchandise to, or soliciting orders therefor from retail dealers.

(c) As used in this chapter "solicitor" means every person who engages in the business of going from house to house, place to place, or in or along the streets, within the city, selling or taking orders for or offering to sell or take orders for goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future.

(Ord. 194 § 1, 1947)

The amount of any license fee imposed by this chapter shall be deemed a debt to the city and any person carrying on any business mentioned in this chapter without having procured a license so to do, shall be liable to an action in the name of the city for the amount of license fee by this chapter imposed on such business, in addition to prosecution under the penal provisions hereof.

(Ord. 194 § 2, 1947)

All licenses shall be prepared and issued by the business license officer upon the payment of the sum required to be paid under this chapter; and the business license officer in fixing the license fee, shall do so according to the best information and belief, and to that purpose may require any person to file an affidavit as to which tier he or she may belong, and may require a similar affidavit from a member of a copartnership, or an officer of a corporation. Each license so issued shall state upon the face thereof the following:

(1) The person to whom the same is issued;

(2) The kind of business license thereby;

(3) The amount paid therefor;

(4) The location of such business;

(5) The date of expiration of such license.

In no case shall any mistake of the business license officer in stating the amount of the license prevent or prejudice the collection by the city of what should be actually due from any person carrying on a trade, calling, profession, or occupation subject to the provisions of this chapter. No license issued shall be transferred without the written consent of the business license officer endorsed thereon. The business license officer shall consent to such transfer where the same business is to be carried on at the same location, by one other than the licensee, or by the licensee at a new location, unless it be a business requiring the approval of the planning commission and/or city council as a prerequisite to engaging therein, in such event the business license officer shall not consent until the required approval has been procured. The fee for transfer of a business license shall be as set from time to time by resolution of the city council.

Upon the payment of the fee as established from time to time by resolution of the city council, the business license officer is authorized to issue a duplicate license to replace a license lost or destroyed.

(Ord. 732 § 1, 1998: Ord. 194 § 3, 1947)

Except by an affirmative vote of a majority of the members of the city council no refund shall be made on account of any license issued in accordance with the provisions of this chapter, unless the carrying on of the business becomes unlawful, or the license is revoked in the interest of the public health, morals, safety or general welfare because of circumstances not induced or occasioned in whole or in part by the licensee, or when the amount refunded has been erroneously paid.

(Ord. 194 § 4, 1947)

Unless otherwise specifically provided, all annual license fees, under the provisions of this chapter, shall be due and payable in advance on the first day of July of each year. New businesses which commence operations during the year shall pay a business license fee for the remaining quarters or quarter of the year, whichever is greater. The license fee for any annual business license issued in July, August or September shall be one hundred percent of such fee; for any annual business license issued in October, November or December, seventy-five percent of such fee; for any annual business license issued in January, February or March, fifty percent of such fee; and for any annual business license issued in April, May or June, twenty-five percent of such fee.

Except as otherwise provided in this chapter, license fees, other than annual, required under this chapter shall be due and payable as follows:

(1) Semiannual license fees: On the first day of January and the first day of July of each year;

(2) Quarterly license fees: On the first day of January, April, July and October of each year;

(3) Monthly license fees: On the first of each and every month; and

(4) Daily license fees: Each day in advance. Any portion of a day shall be deemed a whole day.

Any license fee provided for in this chapter (except daily license fees) shall become delinquent thirty days after the date it is due and payable. Daily license fees are deemed delinquent if not paid a day in advance.

For failure to pay a license fee before delinquency, the business license officer shall add a late fee equal to twenty-five percent of the license fee, which shall be due and payable the day following the delinquency date, and there shall be added to the license fee and late fee interest at the rate of six percent per year from the date of delinquency until payment is received by the business license officer.

A separate license must be obtained for each branch establishment or separate place of business in which the business described in such license is carried on, and such license shall authorize the carrying on of such business only at the location designated.

(Ord. No. 10-819, § 1, 6-8-2010)

Editor's note— Ord. No. 10-819, § 1, adopted June 8, 2010, repealed § 7.04.050 in its entirety and enacted new provisions to read as herein set out. Prior to this amendment, § 7.04.050 pertained to similar subject matter. See Ordinance List and Disposition Table for derivation.

Every licensee under the provisions of this chapter carrying on a business at a fixed place shall keep his license conspicuously posted thereat.

Every licensee not having a fixed place of business shall carry such license with him at all times while carrying on the business licensed.

Every licensee shall produce his license when applying for a renewal thereof, and whenever requested to do so by any person authorized to issue, inspect or collect licenses.

(Ord. 194 § 6, 1947)

It shall be the duty of the city manager, and he is directed to enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in the enforcement of this chapter as may from time to time be required by the city manager and/or the city council.

The city clerk in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this ordinance have been complied with.

The city clerk and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on demand, is guilty of a misdemeanor and subject to the penalties provided for by the provisions of Chapter 1.08. It shall be the duty of the city clerk and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions.

(Ord. 194 § 7, 1947)

When any person is found carrying on a business at a fixed place of business in the city without the license required under the provisions of this chapter, the investigating officer shall, upon satisfactory evidence of the identity of the person, take the name, address, and license classification, and shall notify the person in writing. 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 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 under 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 provisions of this chapter.

Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring a business license shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.08.

(Ord. No. 10-819, § 2, 6-8-2010)

Editor's note— Ord. No. 10-819, § 2, adopted June 8, 2010, repealed § 7.04.080 in its entirety and enacted new provisions to read as herein set out. Prior to this amendment, § 7.04.080 pertained to similar subject matter. See Ordinance List and Disposition Table for derivation.

The provisions of this chapter shall not be deemed to require the payment of a license fee by any grower or producer of ranch products who sells produce produced or grown by him, but such persons shall be entitled to a license without fee, provided however, such grower or producer shall first file with the city clerk an affidavit setting forth his name and address, the amount and variety of produce he proposes to sell, the place where said produce was grown or produced, and that said produce was grown or produced by him.

(Ord. 194 § 9, 1947)

The city council from time to time shall set business license related application and other administrative or enforcement fees by resolution to recover costs associated with administering the provisions of this chapter.

(Ord. 732 § 3, 1998: Ord. 235 § 1, 1953; Ord. 199 §§ 1, 2, 1947; Ord. 194 § 10, 1947)

In the event that any person is conducting two or more businesses subject to a business license under the ordinances codified in this chapter or any other ordinance of the city, at the same location and under the same management, then such person shall pay the highest license fee so established for the principal business, and an additional fee of four dollars for each secondary classification.

(Ord. 194 11, 1947)