Fresno County Municipal Code Ch. 6.04 General Provisions

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State Law reference— For statutory provisions authorizing the licensing of businesses by counties for the purpose of regulation, see Bus. & Prof. Code § 16100.

It is unlawful for any person to engage in, conduct or carry on any business, exhibition, game, occupation or activity in this title specified, without first having procured a license to do so, and paid the fee for such license as is set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs.

(Ord. 89-006, § 1; Ord. 565, § 1, 1974; prior code, § 600)

For purposes of this title, all references to "auditor," "controller," "treasurer," "tax collector," "auditor-controller," or "treasurer-tax collector" shall be construed as references to the Fresno County Auditor-Controller/Treasurer-Tax collector.

(Ord. No. 13-021, § 1, 10-22-2013)

A license must be procured immediately before the continuance or the commencement of any business, exhibition or occupation, or the doing of any act requiring a license as provided in this title, from the license collector of this county, which license shall authorize the party obtaining the same to transact the business described in such license for the period and at the location named therein. A separate license must be obtained for each branch establishment or separate house or place of business located in the county.

(Ord. No. 13-021, § 1, 10-22-2013; Ord. 565, § 2, 1974; prior code, § 617)

Immediately upon receipt of a proper application, the license collector shall furnish copies thereof to the approving agencies as required in each chapter, each of which shall make investigation as hereinafter specified and report back to the license collector within ten days after the receipt of such application with a recommendation thereon.

(Ord. 598, § 3, 1978)

A. All sums of money for licenses provided for in this title are due and payable in advance at the office of the license collector, and, except as otherwise specifically provided in this title, no license shall be issued to expire later than June 30 th or one year from the date of issuance, whichever is earlier, and provided that no license shall be issued to expire earlier than the end of the period for which the license fee is fixed. Each license issued shall state the name of the person to whom issued and the nature of the business, the location for which same is issued, the date of issuance, the license period for which issued, the amount received therefor, and refer to this title and be signed by the license collector. Each license shall expire at the time fixed in the license issued by the license collector.

B. The periods of all monthly licenses shall begin on the first day of each calendar month, and the periods of all quarterly licenses shall begin on the first days of January, April, July and October, and, where a new license is issued after the beginning of any quarter, a pro rata deduction shall be made in the amount of the fee therefor for each whole calendar month that has expired since the beginning of such quarter up to the time when the licensed business was commenced.

C. Applications for licenses under this title shall be made in writing and filed with the license collector. Each application shall be accompanied by a predetermined nonrefundable fee.

D. Each license under this title shall be issued to a specific business or person and shall in no event be transferable from one person to another.

(Ord. No. 13-021, § 1, 10-22-2013; Ord. 598, § 2, 1978; prior code, § 618)

The licensing provisions of this title shall fully apply to nonprofit organizations; however, any license required by the provisions of this title may be issued by the license collector without the payment of a license fee upon the application of any nonprofit organization that is exempted from taxes by chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyman, Christian Science practitioner, rabbi, or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section, when such exemption is made to appear to the license collector by affidavit of the applicant or, if the applicant is an organization, of any authorized officer of such organization.

(Ord. No. 13-021, § 1, 10-22-2013; Ord. 565, § 3, 1974)

Except as otherwise provided in this chapter, the county auditor-controller shall control the form and numbering of licenses provided in this title, by one of the following methods:

A. Maintaining an electronic system that allows licenses to be printed and uniquely numbered on demand, and includes a method of accounting for fees received; or

B. Preparing and having printed in proper form blank licenses of all classes mentioned in this title for the term of one month, or such other terms as are herein authorized to be issued, with stubs attached and to be returned to the auditor-controller, showing to whom, for which business, at what place, and the date and time for which such license is issued, and the amount received therefor.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, § 618.1)

A. If the auditor-controller controls the form and numbering of licenses by the method described in section 6.04.040 B., he or she must number and sign all licenses from time to time, deliver them to the license collector of the county in such quantities as may be required by him or her, taking a receipt therefor from the license collector, and charging such treasurer-tax collector with the same, making an entry of the numbers, classes and amounts thereof.

B. The auditor-controller must keep the necessary and proper books, which may be in electronic form, in which, he or she must keep the accounts of the license collector of all licenses printed on demand by or delivered to the license collector and of all licenses issued or returned by the license collector. A correct statement of the license collector's account must be certified to the county treasurer-tax collector on the first Monday of each month by the auditor-controller.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, §§ 619, 619.1)

A. For licenses issued to sellers of firearms and to secondhand dealers, the sheriff is the license collector of the county. For all other licenses under this title, the treasurer-tax collector is the license collector of the county.

B. It shall be the duty of the license collector to collect all license fees under this title, and to perform such other duties as are by this chapter prescribed.

C. It shall be the duty of the license collector to cause suit to be brought in the name of the county as plaintiff for the recovery of any license fee herein imposed against any person required by this title to first procure a license before engaging in any business, as herein defined, who carries on or attempts to carry on such business without such license.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, §§ 620, 620.1)

A. On the first business day of each month the license collector shall make a report to the auditor-controller of all license money collected by him or her for the preceding month.

B. The auditor-controller shall reconcile said report with the records of licenses actually issued.

C. The license collector must deposit the money so collected with the county treasurer-tax collector, according to the procedures established for such deposits. The auditor-controller shall account for and distribute the money so collected as required by law.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, § 62l)

Except as otherwise provided in this title, every license granted under this title or any section thereof, is granted and accepted by all parties receiving such license with the express understanding that the board of supervisors may revoke the same, or the order for the issuance thereof, at any time when it appears to the board of supervisors that any state of facts exists upon which it would be authorized to deny an application for such license, or that the person to whom such license was issued or any of his or her agents, servants or employees or any other person in charge of or employed about the business for which such license was issued, has violated or been convicted of violating any of the conditions of the license or terms of this code, or of any law of the state, now or hereafter in force, regulating the occupation or business for which such license is issued, or that the license was obtained by fraudulent representations, or that the holder of the license is an unfit person to be trusted with the privileges granted by the license, or has conducted his or her business in an immoral or disorderly manner; provided, however, that no license shall be revoked without giving the holder thereof an opportunity to appear before the board of supervisors in his or her own behalf. On the revocation of the license no part of the money in the hands of the license collector or the treasurer-tax collector shall be returned, but such license fee shall be forfeited to the county. Notice of such revocation shall be given to the treasurer-tax collector by the clerk of the board. When a license of any person is revoked for any cause, no new or other license for the same business, occupation or exhibition shall be granted to the same person within six months from the date of such revocation.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, § 622)

Every person, having a license under the provisions of this title and carrying on a business, exhibition or occupation at a fixed place of business, shall keep such license posted and exhibited, while in force, in some conspicuous part of said place of business. Every person having such a license, and not having a fixed place of business, shall carry such license with him or her at all times while carrying on the business, exhibition or occupation for which the same was granted. Every person, firm or corporation having a license under the provisions of this title shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any peace officer or officers authorized to issue, inspect or collect licenses.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, § 623)

A. Where an order of the board of supervisors is necessary to the issuance of a license, such order, when made, unless expressly rescinded, shall continue in force and apply to each subsequent daily, monthly or quarterly license until the first day of April next thereafter, and no longer.

B. All licenses issued upon order of the board of supervisors shall mature and terminate on the first day of April of each year; and a party desiring to renew such license at the same location shall file a new application on or before the 15th day of March preceding, which may be acted on by the board without notice, and upon the approval of the application and bond by the board of supervisors the license collector shall be ordered to issue a new license unless, in the judgment of the board of supervisors, for any reason, a rehearing is required, in which case the parties will be notified to appear for hearing as in case of an original application.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, § 624)

Upon the expiration of a license issued pursuant to this title, the holder thereof shall, upon the payment of the required license fee, be entitled to a new license for the ensuing period without making a new application therefor, provided the required license fee is paid prior to the expiration of the license. If not renewed and the fee paid prior to expiration, a penalty of fifty percent of the license fee shall apply for the first thirty days, after which a new application shall be processed and fees therefor be charged as upon an original application, together with the penalty.

(Ord. No. 13-021, § 1, 10-22-2013; Ord. 598, § 3, 1978)

Any peace officer, the license collector, the director of public works or his representative, the health officer or his representative and the auditor-controller may enter upon any premises at any reasonable time for the purpose of enforcing the provisions of this title, and it is unlawful for any person to interfere in any way with such person in the performance of his or her duties.

(Ord. No. 13-021, § 1, 10-22-2013; Ord. 598, § 3, 1978)

When the terms used in this title designate the principal, the same shall be construed to mean and include the clerks, agents, servants, representatives and employees of such principal, it being the intention to license the business and not separate or individual acts, except herein otherwise provided.

(Prior code, § 625)

No person who has been once refused a license or has failed to prosecute the application therefor by reason of a protest being filed shall be granted a license for the same business, occupation or exhibition upon a second application made within six months after the first application. No person shall be granted a license upon any application after having been twice refused by reason of such protest. Any applicant for a license may be examined under oath and any competent evidence may be adduced as to who is the real party in interest; and if the board of supervisors is satisfied that the application is not in the interest of the party in whose name the application is made, it may refuse to grant the license, and if found to be in the interest of one who has already been refused a license, it may treat the application as if made by the real party in interest, and the application shall have the same effect against any future application as if it had been made in the name of the real party in interest.

(Ord. No. 13-021, § 1, 10-22-2013; prior code, § 626)

Violation of any of the provisions of this title constitutes a misdemeanor, and each and every day such violation continues constitutes a separate offense.

(Prior code, § 627)