Fresno Municipal Code Art. 12 Business Licenses—license Fees

Business license fees shall be paid by every person conducting, carrying on or managing any business or profession within the City of Fresno. (Orig. Ord. 4603; Am. Ord. 80-115, § 23, eff. 8-8-80).

(a) Every person conducting, carrying on or managing any business or profession, not otherwise specifically licensed by or exempted by other sections of this chapter, shall pay a quarterly license fee based on the applicable gross receipts schedule(s) designated in the Master Fee Resolution, whether retail, wholesale or both. License fees shall be based upon the total [gross] sales and service from business transactions within the city as recorded on the records of the business.

(b) The maximum retail and wholesale license fees shall escalate on November 1, 1990; and thereafter shall escalate annually, on July 1 of each year commencing on July 1, 1991, automatically without further action by this Council, by the percentage increase in the Consumer Price Index (Los Angeles-Anaheim-Riverside City Average for urban wage earners and clerical workers—all items, as published by the Bureau of Labor Statistics of the United States of America) between March of said year and March of the preceding year, whichever is greater, unless the Council shall determine prior to July 1 of any year that all or part of the increase shall be deferred.

(Orig. Ord. 4603; Am. Ord. 5247, 1958; Am. Ord. 5284, 1958; Am. Ord. 5358, 1958; Am. Ord. 5868, 1961; Am. Ord. 6645, 1965; Am. Ord. 68-110, 1968; Am. Ord. 69-58, 1969; Am. Ord. 75-80, § 1, eff. 8-31-75; Am. Ord. 80-115, § 24, eff. 8-8-80; Am. Ord. 90-119, § 1, eff. 10-30-90; Am. Ord. 2008-13, § 2, eff. 3-14-08).

"Gross receipts" shall include the total of amounts actually received from sales and the total of amounts actually received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses, or other expense whatsoever. Excluded from "gross receipts" shall be the following:

(a) Cash discounts allowed and taken on sales.

(b) Any tax collected from the consumer or purchaser and which is separately stated at time of sale.

(c) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.

(d) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the Director with the names and addresses of the others and the amounts paid to them.

(e) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded.

(f) As to a retail gasoline dealer, a portion of his receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the State of California.

(g) As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code if paid by the dealer or collected by him from the consumer or purchaser. (Added Ord. 68-110, 1968; Am. Ord. 80-71, § 1, eff. 6-6-80).

(a) For every person conducting, carrying on or managing the business of a lodging or rooming house consisting of four or more rooms available for rent, the license fee shall be determined by the retail gross receipts schedule designated in the Master Fee Resolution.

(b) If any person conducting, carrying on or managing a lodging or rooming house shall use or permit to be used such lodging or rooming house for the purpose of lewdness, assignation or prostitution, and shall be convicted for such offenses or any of them in any court of the State of California, then and in either event the license, as provided herein, for such lodging or rooming house shall be revoked and shall not hereafter be renewed for a period of one year from and after the date of the final judgment of such conviction. (Orig. Ord. 4603; Am. Ord. 80-115, § 25, eff. 8-8-80).

(a) For every person conducting, carrying on or managing the business of apartments, flats or courts consisting of four or more individual living units available for rent or lease at one location, the license fee shall be determined by the retail gross receipts schedule designated in the Master Fee Resolution.

(b) For the purpose of this section, "one location" is defined to mean one or more lots that are contiguous. (Orig. Ord. 4674; Am. Ord. 80-115, § 26, eff. 8-8-80).

(a) For the purpose of this section, the term "contractor" shall include contractor, subcontractor, specialty contractor and builder, and the term "sales and service" shall include only receipts from jobs or projects located within the city.

(b) Every person who is required to have a state contractor's license and who is conducting, carrying on or managing the business of a contractor in the city shall be required to have a city contractor's business license.

(c) The contractor's license fee shall be paid annually. At the beginning of each license period, the applicant shall pay the minimum amount designated in the Master Fee Resolution. At the expiration of each license period, before obtaining a license from any subsequent license period, the licensee shall file a statement setting forth the particulars required by the application referred to in Section 7-1008. At such time, the licensee shall pay any additional sums found to be due based on gross sales and service during the license period then expiring, according to the contractor's business license schedule designated in the Master Fee Resolution.

(d) For the purpose of this section, that portion of the receipts of a general contractor which represents payments to other state licensed contractors shall be excluded from his gross sales and service, provided that the other state licensed contractor has or is required to have a contractor's business tax certificate and the contractor has furnished the Director with an acceptable listing of the names and addresses of the other contractor(s), the contractor number of each and the total amount(s) paid to each. An acceptable listing is defined as one which is typed, complete and which contains only exclusions allowed by this subsection.

(e) The maximum contractor's license fee shall escalate on November 1, 1990; and thereafter shall escalate annually, on July 1 of each year commencing on July 1, 1991, automatically without further action by this Council, by the percentage increase in the Consumer Price Index (Los Angles-Anahaim-Riverside City Average for urban wage earners and clerical workers—all items, as published by the Bureau of Labor Statistics of the United States of America) between March of said year and March of the preceding year, whichever is greater, unless the Council shall determine prior to July 1 of any year that all or part of the increase shall be deferred. (Orig. Ord. 4603; Am. Ord. 4921, 1956; Am. Ord. 69-58; Am. Ord. 80-71, § 2, eff. 6-6-80; Am. Ord. 80-83, §§ 2, 3, eff. 6-27-80; Am. Ord. 80-115, § 27, eff. 8-8-80; Am. Ord. 80-132, § 2, eff. 10-3-80; Am. Ord. 85-88, § 1, eff. 7-12-85; Am. Ord. 88-25, § 1, eff. 3-18-88; Am. Ord. 90-118, § 1, eff. 10-30-90).

(a) Every person primarily conducting, carrying on or engaged in a profession in the private sector shall pay the annual license fee designated in the Master Fee Resolution, except that where the professional is an employee in an employment relationship then the employer shall pay the employee's designated annual license fee unless the employer pays a license fee under Section 7-1202 or Section 7-1208. For purposes of this subsection the term "employee" means an employee whose wages are reported by the employer on a Form W-2 Wage and Tax Statement.

(b) The term "profession" is defined to mean a calling requiring specialized knowledge, training or academic preparation, and certification or licensing, and shall include, but shall not be limited to, the following: accountant, actuary, analyst, archaeologist, attorney at law, audiologist, bacteriologist, certified shorthand reporter, chiropractor, consultant, counselor, dentist, dental hygienist, insurance adjuster, insurance broker, landscape architect, mortician, metallurgist, nurse, oculist, optometrist, osteopath, osteopathist, pharmacist, physical therapist, physician, podiatrist, psychologist, psychiatrist, real estate licensee, speech pathologist, surgeon, surveyor, veterinarian, X-ray technician, or other professions determined by the Director to be similar thereto.

(c) Said license fee shall be established as $328 per individual professional per year and the maximum annual fee per firm shall be $5,260 on November 1, 1990; and thereafter annually, on July 1 of each year commencing on July 1, 1991, said fees shall escalate automatically without further action by this Council, by the percentage increase in the Consumer Price Index (Los Angeles-Anaheim-Riverside City Average for urban wage earners and clerical workers—all items, as published by the Bureau of Labor Statistics of the United States of America) between March of said year and March of the preceding year, whichever is greater, unless the Council shall determine prior to July 1 of any year that all or part of the increase shall be deferred.

(d) The term "private sector" as used in subsection (a) is defined to mean (i) anyone who is not an employee of a public entity as defined in Government Code Section 811.2 receiving a salary and benefits directly from said agency, or (ii) anyone not working exclusively for a public entity.

(e) If any sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have passed this ordinance and adopted this section and each sentence, clause or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Orig. Ord. 4674; Am. Ord. 5480, 1959; Am. Ord. 68-95, 1968; Am. Ord. 78-52, § 1, eff. 4-28-78; Am. Ord. 79-33, § 1, eff. 3-16-79; Am. Ord. 80-115, § 28, eff. 8-8-80; Am. Ord. 83-88, § 1, eff. 7-15-83; Am. Ord. 83-104, § 1, eff. 8-12-3; Am. Ord. 83-136, § 1, eff. 11-11-83; Am. Ord. 85-118, § 1, eff. 9-13-85; Am. Ord. 90-117, § 1, eff. 10-30-90; Am. Ord. 2008-13, §§ 3, 4, eff. 3-14-08).

(a) In any fiscal year, any person required to pay a license fee under Section 7-1207 may elect instead to pay a quarterly license fee measured by the gross receipts from business done in the city, according to the tax rate, minimum fee, and change of information fee designated in the Master Fee Resolution. An election may be made only once within any fiscal year. A person established in business shall make the election before July first of the fiscal year, and persons entering business shall make the election within ninety days of the date of commencement of business. The Director may allow such an election at any other time if the election is in the public interest. No such election shall change any due date, tax period, or other period or date provided for.

(b) In lieu of the license fees prescribed under Section 7-1207, any corporation, partnership or other association of professionals may elect instead to pay the quarterly license fee under subsection (a), except that the minimum fee specified shall also apply to each person required to pay a license fee under Section 7-1207.

(Added Ord. 83-136, § 2, eff. 11-11-83).

Any person conducting two or more such businesses, occupations, or professions mentioned in Section 7-1207 at the same location shall be required to procure but one license, provided that the highest license fee applicable to any of the included businesses shall apply. The license shall specify the several businesses, professions, or occupations for which the license is issued.

(Added Ord. 68-111, 1968).

For every real estate broker who does not maintain an office or place of business within the city but who engages in the activities of acting as a real estate broker in the sale or lease of any property within the city, the license fee shall be as provided by Section 7-1207 of this Code. (Orig. Ord. 4674; Am. Ord. 68-112, 1968).

Business license fees to be paid by any person conducting, carrying on or managing the occupations included in the following definitional sections of this article shall be designated in the Master Fee Resolution. (Added Ord. 80-115, § 30, eff. 8-8-80).

A broker in securities and commodities is defined as any person operating independently as a broker dealing in stocks, bonds, notes, securities or other commodities, including farm or ranch products, except that this section shall not apply to real estate brokers. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 31, eff. 8-8-80).

A manager of a public market is defined as any person conducting, carrying on or managing a public market with a minimum of five stalls, booths or spaces leased or rented to peddlers. (Added Ord. 69-59, 1969, based on former Secs. 6-401, 6-402, 6-403; Am. Ord. 80-115, § 32, eff. 8-8-80).

(a) For the purpose of this section, a transient photographer is defined as a photographer who has no lease on a studio or place of business in the County of Fresno, and who takes photographs on a house-to-house basis, or in a studio or building, or in or upon any street, alley or other public place, whether unenclosed or upon a vacant lot or parcel of land within the city, regardless of whether the actual sale of photographs is made upon such premises or elsewhere, or whether sittings are taken.

(b) Prior to engaging in business in the city, a transient photographer shall procure and file with the Controller a surety bond in the sum of one thousand dollars ($1,000.00), to be approved by the City Attorney, as security for compliance with each and all of the terms of this Code applicable to such business.

(c) Each and all of the provisions of this section shall be applicable to any person who establishes a temporary business with an established merchant doing business in the city.

(d) Whenever a transient photographer presents to the Department of Finance a bona fide lease for a studio or place of business in the city for a period of more than three months, then the license fee for such photographer shall be governed by the provisions of Section 7-1202 and not this section. (Orig. Ord. 4603; Am. Ord. 5308, 1958; Am. Ord. 5308, 1958; Am. Ord. 69-58, 1969; Am. Ord. 72-152, 1972; Am. Ord. 80-115, § 33, eff. 8-8-80).

(a) A manager of an auction sale is defined as any person conducting, carrying on or managing the business of an auctioneer.

(b) If the person by or for whom the auctioneering is done is an itinerant merchant or itinerant vendor of goods, wares or merchandise, the license fee shall be higher, as designated in the Master Fee Resolution. For the purpose of this section, an itinerant merchant or itinerant vendor of goods is defined as a person, whether as principal or agent, who engages in a temporary or transient business in the city, selling goods, wares or merchandise, and who for such purpose leases or occupies a room, store building, structure or place in the city for the exhibition or sale of such goods, wares or merchandise. Such person shall not escape the payment of the higher license fee by temporarily associating himself with any local dealer, tradesman, merchant or auctioneer, or by conducting such temporary or transient business in connection with, or as part of, or in the name of, any local dealer, tradesman, merchant or auctioneer.

(c) Any person who has received a license as auctioneer shall not permit another person to conduct an auction under his license. (Orig. Ord. 4603; Am. Ord. 68-30, 1968; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 34, eff. 8-8-80).

A directory salesman is defined as every person conducting, carrying on or managing the business of soliciting for or selling directories, such as a city or business directory. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 35, eff. 8-8-80).

A manager of a public entertainment is defined as any person conducting, carrying on or managing any theater, moving picture show, opera, concert, minstrel show, band concert, musical performance or exhibition, lecture, or other public exhibition or entertainment, where a charge is made for admission, seats or standing room. If the entertainment lasts longer than one month, the license fee shall be determined by the retail gross receipts schedule designated in the Master Fee Resolution. This section shall not apply to dances, circuses, fairs or carnivals. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-12, § 1, eff. 2-29-80; Am. Ord. 80-115, § 36, eff. 8-8-80).

(a) A circus manager is defined as every person conducting, carrying on or managing a circus or other similar exhibition.

(b) Any person conducting, carrying on or managing any circus, circus parade, or side show, after show or concert to a circus shall pay the license fee designated in the Master Fee Resolution.

(c) For the purpose of this article, a circus is defined as an exhibition or entertainment at which feats of horsemanship, acrobatic feats, or trained or wild animals are exhibited or displayed. This section shall not apply to fairs. (Orig. Ord. 4603; Am. Ord. 68-146, 1968; Am. Ord. 69-58, 1969; Am. Ord. 80-12, § 2, eff. 2-29-80; Am. Ord. 80-115, § 37, eff. 8-8-80).

(a) For the purpose of this article, an agricultural fair is defined as a competitive exhibition of farm products with accompanying entertainment and amusements similar to those found at carnivals and other commercial booths and exhibits.

(b) The license fee for each concessionaire who operates the entertainment and amusements similar to those found at carnivals shall be as prescribed in Section 7-1220.

(c) The license fee for each other concessionaire at the fair shall be as designated in the Master Fee Resolution.

(d) For the purpose of this article, a commercial booth or exhibit is defined as each separate stall, stand or unenclosed location used for the sale of, or taking orders for, goods or services.

(e) No concessionaire who possesses a valid city business license shall be subject to separate licensing pursuant to this section.

(f) As an alternative to the above individual licensing provisions, the person or organization conducting, promoting or organizing an agricultural fair may pay the flat license fee designated in the Master Fee Resolution.

(g) Whenever the license prescribed by subsection (f) of this section is obtained and the fee paid therefor, no concessionaire operating a commercial booth or exhibit at the fair shall be subject to licensing or the payment of license fees for the fair. (Added Ord. 80-12, § 3, eff. 2-29-80; Am. Ord. 80-115, §§ 38, 39, eff. 8-8-80).

(a) A carnival manager is defined as every person conducting, carrying on or managing a street carnival.

(b) For the purpose of this article, a carnival is defined as a group of two or more shows, entertainments, games, devices, amusements, vaudeville, dramatic or minstrel performance, or games, tricks, devices or wheels, the result of the operation of which is dependent upon chance or skill, and as a result of the operation of which things or representatives of value are given or paid, which are conducted in tents or temporary structures upon the public streets, parks or upon vacant lots. This section shall not apply to circuses or fairs.

(c) Nothing in this section shall be construed to license or authorize the conduct of any game or device prohibited by the laws of California or by the provisions of this Code. (Orig. Ord. 4603; Am. Ord. 69-81, 1969; Am. Ord. 80-12, § 4, eff. 2-29-80; Am. Ord. 80-115, § 40, eff. 8-8-80).

Editor's note— Ord. 2024-017, § 1, effective July 27, 2024, repealed § 7-1221, which pertained to exhibitor of feats of chance or skill and derived from Ord. 4603; Ord. 69-58, effective 1969; Ord. 80-12, § 5, effective February 29, 1980; Ord. 80-115, § 41, effective August 8, 1980.

Editor's note— Ord. 2024-017, § 1, effective July 27, 2024, repealed § 7-1222, which pertained to manager of merry-go-rounds and similar amusement devices and derived from Ord. 4603; Ord. 69-58, effective 1969; Ord. 80-12, § 5, effective February 2, 1980; Ord. 80-115, § 41, effective August 8, 1980.

A pawnbroker is defined as any person conducting, carrying on or managing a pawnshop, or acting as a pawnbroker. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 43, eff. 8-8-80).

A supplier of financing is defined as every person loaning money, advancing credit, or loaning credit, whether security of any kind is taken for such loan or advance or not, or purchasing or discounting of any obligation of money due or to become due, or any evidence of any obligation of money due or to become due, whether such obligation is secured or guaranteed, or not. Nothing in this section shall be deemed or construed to apply to any person conducting a banking business or financial corporation exempt under the laws of California, or to the holder of a pawnbroker's license. (Added Ord. 4809, 1956; Am. Ord. 69-58, 1969; Am. Ord. 80-35, § 1, eff. 4-11-80; Am. Ord. 80-115, § 44, eff. 8-8-80).

A manager of a shooting gallery is defined as any person conducting, carrying on or managing a range equipped with targets for practice with firearms. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 45, eff. 8-8-80).

A billboard advertiser is defined as every person conducting, carrying on or managing the business of bill posting or sign advertising, by means of billboards or advertising signboards, fences, posts, buildings or other structures, or advertising by means of posting, hanging or otherwise affixing or displaying bills, signs or other advertisements in or upon buses. This section shall not apply to bulletin boards of newspapers, nor to signs posted on any building by the person conducting business therein, advertising his own business, or to owners of real estate or their agents, advertising their property for sale or lease, when posted upon the property advertised for sale or lease. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 46, eff. 8-8-80).

(a) A handbill advertiser is defined as any person conducting, carrying on or managing the business of advertising by means of distributing dodgers, handbills, circulars, printed advertisements, cards, tickets, or advertising samples of merchandise.

(b) For the purpose of this section, the words "conducting, carrying on or managing the business" are defined to be and shall be construed to mean the doing of any act or series of acts of distributing or advertising by means specified in this section, but are not to be construed to include any merchant or employee of the merchant distributing advertisements which advertise his own wares. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 47, eff. 8-8-80).

A general advertiser is defined as every person conducting, carrying on or managing the business of writing, placing, designing or soliciting advertisements for others, if not included in Sections 7-1226 and 7-1227. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 48, eff. 8-8-80).

A house mover is defined as every person conducting, carrying on or managing the business of housemoving along or over the public streets of the city. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 49, eff. 8-8-80).

A merchandise peddler is defined as every person conducting, carrying on or managing the business of traveling from place to place, and selling or offering for sale any food, goods, wares, merchandise or articles of personal property in his possession, if the offer for sale occurs in or upon any public street, alley or other public place, whether the actual sale of such commodities is made upon such premises or elsewhere. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 72-117, 1972; Am. Ord. 75-91, § 1, eff. 10-5-75; Am. Ord. 80-115, § 50, eff. 8-8-80).

A stock and bond peddler is defined as every person conducting, carrying on or managing the business of peddling, soliciting, or taking orders for or selling stocks, bonds or securities, who does not maintain a fixed place of business in the city. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 51, eff. 8-8-80).

For the purpose of this section, the word "solicitor" shall include, but not be limited to, every person conducting, carrying on or managing the business of going from house to house, place to place, or in or along the streets, within the city, taking orders for or offering to take orders for goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 52, eff. 8-8-80).

A shoeshiner is defined as every person conducting, carrying on or managing the business of shining boots or shoes. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 53, eff. 8-8-80; Am. Ord. 2024-017, § 5, eff. 7-27-24).

A dance manager is defined as every person conducting, carrying on or managing the business of giving dances, where a charge is made for admission, seats or the privilege of dancing. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 54, eff. 8-8-80).

Any fraternal, social or charitable organization having a state convention in the city shall be given, upon payment to the Controller of the designated license fee, the exclusive right to hawk, vend or peddle upon the streets of the city during the period of such state convention, and for a period of two days prior thereto. (Orig. Ord. 4603; Am. Ord. 5308, 1958; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 55, eff. 8-8-80).

A junk dealer is defined as every person conducting, carrying on or managing the business of buying or collecting junk, furniture, bedding, carpets, clothing, books, rags, iron, copper, brass, papers or other secondhand goods. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 56, eff. 8-8-80).

Editor's note— Ord. 2024-017, § 1, effective July 27, 2024, repealed § 7-1237, which pertained to manager of boxing and wrestling matches and derived from Ord. 4603; Ord. 5311, effective 1958; Ord. 69-58, effective 1969; Ord. 80-115, § 57, effective August 8, 1980.

Editor's note— Ord. 2024-017, § 1, effective July 27, 2024, repealed § 7-1238, which pertained to museum manager and derived from Ord. 4603; Ord. 69-58, effective 1969; Ord. 80-115, § 58, effective August 8, 1980.

For the purpose of this section, an itinerant dealer is defined as every person, whether as principal or agent, who engages in a temporary business in the city, buying, selling or otherwise dealing in goods, wares or merchandise, with the intention of continuing said business for a period of not more than ninety days, and who for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or other location for the purchase, exhibition or sale of such goods, wares or merchandise. The person so engaged shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, tradesman, merchant or auctioneer, or by conducting such temporary business in connection with, or as a part of, or in the name of, any local dealer, tradesman, merchant or auctioneer. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 59, eff. 8-8-80; Am. Ord. 81-2, § 1, eff. 2-20-81).

A person transporting passengers for hire is defined as:

(a) Every person conducting, carrying on or managing the business of the transportation of passengers from a point within the city to a point without the city, where a charge is made, or

(b) Every person conducting, carrying on or managing the business of running or operating any automobile or motor-propelled vehicle for the transportation of passengers or freight for hire, over a defined route from a terminus or termini in the city to a terminus outside the city, and which does not receive or discharge passengers or freight along said route within the city, and which vehicle does not do local business as a jitney bus. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 60, eff. 8-8-80).

A paid promoter is defined as every person, and each agent or representative of such person, conducting, carrying on or managing, for any compensation whatsoever, the business of selling tickets for, or promoting by advertising or otherwise, any charitable, political, social or benevolent activity within the city for which a paid admission is charged or collected. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 61, eff. 8-8-80).

A person maintaining regular delivery routes is defined as every person who, without having a fixed place of business within the city, and not being herein otherwise licensed or classified, maintains a distribution system for the delivery of any goods, wares or merchandise, and who makes three or more deliveries a quarter in the city. The provisions of this section shall not apply to producers of foodstuffs who offer their own products. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 62, eff. 8-8-80).

A stock or produce exchange is defined as a stock exchange or other company engaged in buying or selling any stocks, bonds, notes, securities or other commodities, including farm or ranch products. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 63, eff. 8-8-80).

A water supplier is defined as every person conducting, carrying on or managing the business of supplying the city or any of its inhabitants with water. (Orig. Ord. 4603; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 64, eff. 8-8-80).

If any person is conducting, carrying on or managing two or more businesses licensed by this chapter at the same location and under the same management, the license fee to be paid as provided in Section 7-1202 shall be determined by and be based upon the gross sales and service received or derived from only such businesses as are not otherwise specifically licensed by any other section or sections of this chapter. (Orig. Ord. 4603; Am. Ord. 80-115, § 65, eff. 8-8-80).

If two or more businesses which would be subject to separate provisions of this chapter are conducted, carried on or managed at the same location, but under different management and control, the Controller may elect to avoid the multiplicity of licensing each and every individual business by entering into a written agreement with the owner of the property upon which such businesses are located, or with one or more of the persons operating any one or more of such businesses, whereby such owner or other person or persons shall be responsible for the collection and payment of the business license fees applicable to all such businesses, in an amount to be determined by the Controller pursuant to this chapter and the Master Fee Resolution.

(Added Ord. 77-104, § 1, eff. 8-30-77; Am. Ord. 80-115, § 66, eff. 8-8-80).

A commercial promoter is defined as a person or organization conducting, promoting or organizing a commercial trade show or similar exhibition. Shows and exhibitions conducted in connection with an international, national, state or regional convention session which is a convention of record with the International Association of Convention Bureaus or the Fresno Convention Bureau, and to which the general public is not admitted shall not be considered trade shows or exhibitions, and neither the promoter thereof nor any exhibitor therein shall be subject to licensing or the payment of license fees under this article. Whenever the license prescribed by this section is obtained and the fee paid therefor, neither the promoter nor any exhibitor shall be deemed to be an itinerant merchant under this article.

(Added Ord. 67-105, 1967; Am. Ord. 69-58, 1969; Am. Ord. 80-115, § 67, eff. 8-8-80).

When any person shall by use of signs, circulars, cards, telephone books, or newspapers advertise, hold out, or represent that he is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the city, and such person fails to deny by a sworn statement given to the Director that he is not conducting a business in the city, after being requested to do so by the Director, then these facts shall be considered prima facie evidence that he is conducting a business in the city.

(Added Ord. 68-110, 1968).

(a) Purpose. This chapter is adopted for the purpose of requiring the owner or owners of a residential dwelling unit that is used as a short-term rental, as defined herein, to apply for and secure a permit authorizing such use in the manner provided for by this chapter.

(b) Definitions.

(1) "Owner of a short-term rental" means the person or persons holding fee title to a dwelling unit operated and used as a short-term rental, or a person or persons holding the lease estate to a dwelling unit and operating and using the leased dwelling unit as short-term rental, or the agents of any such persons.

(2) "Short-term rental" means a dwelling unit, rented in whole or in part, to any persons(s) for transient use of 30 consecutive days or less. A dwelling unit within a hotel, motel, or bed and breakfast shall not be considered a short-term rental.

(3) "Hosting platform" means a person who participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

(c) Permit required. No owner or owners of a short-term rental shall rent, offer to rent, or advertise for rent the short-term rental to another person without a permit approved and issued in the manner provided for by this chapter.

(d) Permit application. Permit applicants will be provided a provisional status to operate a short-term rental once they have filed a permit application with the City, and that status shall expire upon the City's issuance or denial of the application. The short-term rental permit application shall be as concise as possible and shall be authorized within the City, provided the owner of a short-term rental complies with each of the following requirements:

(1) Collects and timely remits Transient Occupancy Tax ("TOT"), in coordination with any hosting platform if utilized, to the City and complies with all City TOT requirements as set forth in Article 6 of Chapter 7 of this Code. All TOT collected, pursuant to this Chapter, will be designated for code enforcement matters related to short-term rentals.

(2) Provides current contact information, including but not limited to, the phone number(s) for all owner(s) of the short-term rental and/or property manager who can be reached at all times.

(3) Takes responsibility for and actively prevents any nuisance activities that may take place as a result of short-term rental activities. The owner shall keep accurate records for a minimum of 3 years regarding all short-term rentals, including but not limited to, the name of the individual(s) who reserved the rental, duration of the stay, and amount paid for the rental.

(4) Shall include in all offers or advertisements for the short-term rental the City-issued permit number. The permit number shall be printed in the same size type as the largest type used in the main body of the offer or advertisement.

(5) Shall only advertise on a hosting platform that was listed on the owner's short-term rental permit application form, unless the owner has submitted a written request and received written approval from the Finance Department to list another housing platform.

(6) Complies with all applicable laws, including the Noise Ordinance of the City of Fresno, all health, safety, building, and fire protection laws.

(7) Consents to receive all City notices and citations regarding their short-term rental permit by U.S. Mail and electronic mail.

(e) Prohibitions.

(1) No owner of a short-term rental shall offer, advertise, book, facilitate, or engage any short-term rental that does not comply with Section 7-1249 of this Code.

(2) No owner of a short-term rental shall offer, advertise, book, facilitate, or engage in a short-term rental for a non-residential approved building, including but not limited to, a vehicle parked on the property, a storage shed, trailer, or any temporary structure, including but not limited to, a tent.

(f) Expiration and Renewal. A short-term rental permit is valid for one year from the date of issuance. The permit may not be transferred or assigned and is valid only for the address named in the short-term rental permit application. A short-term rental permit may be renewed annually if the owner:

(1) Pays the renewal fee;

(2) Has complied with the provisions of Section 7-1249 of this Code and all permit conditions for the past year; and

(3) Provides information concerning any changes to the previous application for, or renewal of, the short-term rental activity, including but not limited to, the current contact information for the owner of the short-term rental or property manager who can be reached at all times.

A renewal may be denied if a short-term rental permit issued to the applicant or for the property has been suspended or revoked in the prior 12 months at that location.

(g) Violation. In the event that a short-term rental permit holder violates this Chapter, a written warning shall be provided to the permit holder for the first nuisance violation. For all subsequent violations, the short-term rental permit holder may be subject to revocation as set forth in Section (h) below.

(h) Revocation. A short-term rental permit issued pursuant to this chapter may be suspended, modified, or revoked for violations of this Chapter, for violation of any other law on the premises of the short-term vacation rental, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety. Any revocation of a short-term rental permit shall be only as to the location that has committed a violation of this Chapter, and will have no effect on additional locations that are permitted by the same owner. Revocation proceedings may be initiated by the City Attorney and shall be conducted pursuant to the procedures set forth in Chapter 1, Article 4 of this Code and a violation may result in a suspension of up to 12 months. A permit that is suspended or revoked is eligible to submit a renewal application for that location after the required time period has expired.

(i) Enforcements; Penalties. Notwithstanding the City's ability to suspend or revoke a permit, if an owner of a short-term rental violates its obligations under this Section 7-1249 or the owner's permit, the City may pursue all remedies available under law. Any violation of this Section 7-1249 or a permit, by an owner of a short-term rental, shall be subject to administrative citations as set forth in the Master Fee Schedule. In any action or proceeding brought by the City to enforce this Chapter, the City shall be entitled to recover its attorney's fees and costs as a prevailing party.

(j) Appeal. An appeal of a citation issued under this Chapter may be made to the Administrative Hearing Officer in the manner provided in Chapter 1, Article 4 of this code.

(k) Misdemeanor. Alternatively, the City Attorney may, in his or her discretion, prosecute violations of this Chapter as a misdemeanor.

(Added Ord. 2019-032, § 1, eff. 10-31-19).