Fowler Municipal Code Art. 1 General Provisions

For the purpose of raising revenue for the City, every person conducting, carrying on, or engaging in any business within the City shall pay a fee to the City as set forth in this chapter.

"Person" shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock companies or corporations, partnerships, clubs, Massachusetts business or common law trusts, societies, and individuals.

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

"Amusement machine" shall mean a mechanical, electric, electronic, or video machine used for a person's enjoyment.

"City Manager" shall mean the City Manager for the City of Fowler, or a designee.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

The payment of a license fee and the issuance of a business license pursuant to this chapter shall not, in and of itself, entitle any person to conduct any business in the City if such business requires a permit as a prerequisite to the conduct of such business by any other provision of this Code or other applicable laws. Any license issued in violation of this section shall be void.

(§ 2, Ord. 86-5, eff. December 4, 1986)

Every person required to have a license under this chapter shall make an application with all the information necessary therefor to the City.

(§ 2, Ord. 86-5, eff. December 4, 1986, as amended by § 1, Ord. 93-2, eff. February 18, 1993)

(Ord. No. 2022-04, § 1, 8-2-2022)

Upon submission of an application and the payment of the prescribed license fees, the City Manager shall issue a license which shall contain:

(a) The name of the person to whom the license is issued;

(b) The business licensed;

(c) The place where such business is to be transacted and carried on;

(d) The date of the expiration of such license;

(e) The statement "This license is issued without verification that the licensee is subject to or exempt from licensing by the State of California"; and

(f) Such other information as may be necessary for the enforcement of the provisions of this chapter.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

A separate license shall be obtained for each branch establishment or location of the business transacted and carried on, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location and 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 chapter shall not be deemed to be separate places of business or branch establishments; and provided, further, if two (2) businesses are conducted upon the same premises, the licensee shall pay a license upon that business which provides for the payment of the greatest sum of money.

(§ 2, Ord. 86-5, eff. December 4, 1986)

No license issued pursuant to the provisions of this chapter shall be transferable; provided, however, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may have a license amended to authorize the transacting and carrying on of such business under such license at some other location to which the business is or is to be moved upon an application therefor and paying a fee as established by Council resolution.

(§ 2, Ord. 86-5, eff. December 4, 1986)

Editor's note— Ord. No. 2022-04, § 1, adopted Aug. 2, 2022, repealed § 3-1.107, which pertained to renewal and derived from § 2, Ord. 86-5, eff. December 4, 1986.

Editor's note— Ord. No. 2022-04, § 1, adopted Aug. 2, 2022, repealed § 3-1.108, which pertained to duplicate licenses and derived from § 2, Ord. 86-5, eff. December 4, 1986.

All licenses issued pursuant to the provisions of this chapter shall be posted and kept in the following manner:

(1) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises.

(2) Any licensee transacting, but not operating at a fixed place of business in the City, shall keep the license upon their person at all times while transacting and carrying on such business.

Failure to display. It is unlawful for any person who willfully fails to exhibit a business license certificate issued in accordance with this chapter, upon demand from any City official. Violation of this provision is subject to the penalty provisions of this chapter.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

(a) If any person required to file a statement by this chapter fails to do so, such person shall be required to pay a license fee at the maximum rate prescribed in this chapter for such business and shall be guilty of a violation of this chapter as provided in this chapter.

(b) No statement required by this chapter shall be conclusive upon the City or its officers as to matters set forth therein; nor shall the filing thereof preclude the City from auditing or collecting such sums as are actually due and payable pursuant to the provisions of this chapter.

(c) All personal information or personal finance data provided to the City pursuant to this chapter shall be and remain confidential in nature and not subject to public inspection. The City shall retain custody thereof, and the same shall not be disclosed to other officials except in the performance of their duties under this chapter.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

(a) Failure to file or correct: Determinations. If any person shall fail to file any required statement within the time prescribed, or if, after demand therefor made by the City Manager, any person shall fail to file a corrected statement, the City Manager may determine the amount of license fee due from such person by means of such information as the City Manager may be able to obtain.

(b) Determinations: Notices. If such a determination is made, the City Manager 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 at Fowler, California, postage prepaid, addressed to the person so assessed at their last known address.

(c) Hearings: Applications. Such person, within ten (10) days after the mailing observing of such notice, may make an application in writing to the City Manager for a hearing on the amount of the license fee. If such an application is not made within the time prescribed, the City Manager shall cause the matter to be set for a hearing before the Council within fifteen (15) days.

(d) Hearings: Notices. The City Manager shall give at least ten (10) days' notice to such person of the time and place of the hearing in the manner set forth in this section for the service of notices of assessment.

(e) Hearings: Findings. The Council shall consider all evidence produced and shall make written notice of its findings thereon, which shall be final.

(f) Findings: Notices. A notice of such findings shall be served upon the applicant in the manner set forth in this section for the service of notices of assessment.

(§ 2, Ord. 86-5, eff. December 4, 1986)

The City Manager shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days and in such case to waive any penalty which would otherwise have accrued. The City Manager shall have the further power, with the consent of the Council, to compromise any claim as to the amount of the license fee due.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

All persons doing business within the City shall at all times maintain and keep such books or reports as will enable them to easily and readily furnish such information to the City Clerk as required in order to enforce and collect the license fees required to be paid pursuant to the provisions of this chapter.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

Required license fees for the various businesses shall be established by resolution of the Council after notice and a public hearing thereon. The notice may consist of posting the hearing date at the City Hall or publication in a local or a designated newspaper at least five (5) days prior to the adoption of the resolution setting such fees.

(§ 2, Ord. 86-5, eff. December 4, 1986)

All license fees required by the provisions of this chapter shall be payable in advance.

(a) Annual license fees, on January 1 of each year.

(b) Daily license fees, each day in advance.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

(a) Annual license fees. Every annual license fee which is not paid within a period of thirty (30) days after its due date shall be subject to a penalty fee as set by Council Resolution. If such license fee is not paid within sixty (60) days after its due date, an additional penalty fee shall be collected as set by Council Resolution.

(b) Reserved.

(c) Daily license fees. Every daily license fee which is not paid at the close of business on the day such license fee was due shall be subject to a penalty fee as set by Council Resolution.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the City. It shall be unlawful for any person carrying on any business without first having procured a license from the City. To do shall make the business owner liable to an action in the name of the City in any court of competent jurisdiction for the amount of the license fee and penalties imposed on such business pursuant to this chapter. In addition, there shall be imposed the costs of collection, including reasonable attorney fees to the prevailing party, in any such action.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

Where a license for revenue purposes has been issued to any business by the City, and the fee has been paid for the business for which the license was issued pursuant to the provisions of any law heretofore enacted, and the term of such license has not expired, the license fee prescribed for such business by this chapter shall not be payable until the expiration of the term of such unexpired license.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(a) Duties of the City Manager. It shall be the duty of the City Manager to enforce each and all of the provisions of this chapter. The City Manager shall have the authority to delegate all provisions of this chapter to appropriate staff.

(b) Inspections. The City Manager shall examine all places of business in the City to ascertain whether the provisions of this chapter are being complied with.

(c) Right of entry. The City shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required by the provisions of this chapter to be licensed and demand an exhibition of the license certificate.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

Any business which is not specifically listed by this chapter may be assessed a fee established for a similar type of business which is listed in this chapter. The City Manager shall make the determination, subject to appeal to the Council as provided in this article.

(§ 2, Ord. 86-5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

Any person aggrieved by any decision of a City official or employee with respect to the approval, denial, revocation, or suspension of a business license as required by the provisions of this chapter, may appeal this decision in accordance with the procedures set forth in Fowler Municipal Code section 5-22.201, et seq.

(§ 2, Ord. 86.5, eff. December 4, 1986)

(Ord. No. 2022-04, § 1, 8-2-2022)

If any word, paragraph, provision, or section of this chapter, is held unenforceable or unconstitutional by a court of competent jurisdiction, such invalidation shall not affect the validity or force and effect of the remaining portions of this chapter as the Council finds, declares, and determines that it would have enacted the remainder of this chapter without such invalidated provisions.

(§ 2, Ord. 86-5, eff. December 4, 1986)