Gilroy Municipal Code Art. IV Fees, Applications and Additional Requirements

The rates of license fees for all businesses in the city shall be fixed and established by council resolution, and the same shall be paid by all persons engaged in business in the city.

(Ord. No. 646, § 20; Ord. No. 85-7, § 17, 2-19-1985)

Every person conducting, managing or carrying on at a fixed place of business in the city any business, trade, profession or calling, whether as a merchant or otherwise, unless specifically licensed by section 13.40 of this article, shall pay as a license tax for revenue purposes only an amount which shall be fixed and regulated by council resolution based upon the gross annual receipts of such business, trade, profession or calling.

(Ord. No. 646, § 21; Ord. No. 679, § 1; Ord. No. 85-7, § 18, 2-19-1985)

The council may by resolution identify specific businesses, trades, professions, or callings, conducted at a fixed place of business in or out of the city, including vending machines, jukeboxes and amusement devices, for which annual license fees may be fixed and established by council resolution.

(Ord. No. 646, § 22; Ord. No. 676, § 1; Ord. No. 679, § 2; Ord. No. 766, § 1; Ord. No. 840, § 1, 1-6-1969; Ord. No. 844, § 1, 2-17-1969; Ord. No. 874, § 1, 11-17-1969; Ord. No. 875, §§ 1, 2, 12-5-1969; Ord. No. 75-9, § 1, 6-16-1975; Ord. No. 80-13, § 1, 4-21-1980; Ord. No. 83-11, § 1, 7-18-1983; Ord. No. 85-7, § 19, 2-19-1985; Ord. No. 91-4, § 10, 3-4-1991)

All peddlers, solicitors, vendors and other transient businesses must comply with the provisions of Chapter 16A of this Code. In addition, the council may by resolution fix and establish license fees for such itinerant merchants on a daily, weekly, monthly or other appropriate basis.

(Ord. No. 646, § 23; Ord. No. 85-7, § 20, 2-19-1985; Ord. No. 91-4, § 11, 3-4-1991)

The council may by resolution fix and establish annual license fees for all businesses, trades or callings with a fixed place of business outside the city which make retail or wholesale deliveries or pickups within the city limits.

(Ord. No. 646, § 24; Ord. No. 85-7, § 21, 2-19-1985)

All business, trades, professions or callings subject to this chapter shall make application for licenses by completing forms provided by the department of finance and furnishing all information required to administer this chapter. Application forms shall be reviewed for compliance by all departments responsible for enforcing federal and state laws and the City Code. If all requirements are met and the appropriate fees paid, the license shall be issued.

Editor’s note: Ord. No. 85-7, § 22, adopted February 19, 1985, amended the Code by adding a new § 13.43 which has been treated as superseding the former provisions of this section. Former § 13.43 was concerned with wholesale vehicle deliveries and derived from Ord. No. 646, § 25.

(Ord. No. 85-7, § 22, 2-19-1985)

(a) Generally. All business, trades, professions and callings shall show compliance with all federal, state and local laws and ordinances which apply to each and shall obtain clearances set forth in section 13.43, prior to issuance of a business license.

(b) Cardrooms. No license for the operation of any cardroom shall be issued without proof of a valid registration under the state Gaming Registration Act.

(c) Carnivals, Circuses, Amusement Rides, Menageries and Fairs. All applications for the business of conducting a carnival or fair, including all manner of shows, exhibitions and entertainments, together with sales stands, or eating stands or places, and the peddling of novelties or notions, and all other activities incident thereto, must be made to the city council, on blanks properly filled out and sworn to, to be procured from the license collector and filed with the city clerk at least thirty (30) days before such occasion. The city council shall have the right to refuse to grant such license if it shall determine that the granting thereof will be contrary to the preservation of the public peace, safety or welfare, or will be unduly detrimental to the persons or property of others. If such license is granted, the city council shall have the right and require what shows, exhibitions or entertainments or activities are proper, or may be permitted, and the city council shall have the right to impose such reasonable restrictions or limitations therein as it may determine shall be necessary to the preservation of the public peace, safety or welfare, or which will tend to protect the life and property of others, and its actions in the premises shall be final and conclusive. In the event that any person to whom such license is granted shall violate or fail to perform any of the restrictions, limitations, terms or conditions of any license granted under this chapter, the city council shall have the right to revoke such license, and its actions in the premises shall be final and conclusive.

(d) Garage Sales. Notwithstanding the provisions of this chapter and the zoning laws of the city, a person may obtain a license to conduct a “garage sale” at his place of residence for a period not to exceed seven (7) days once each year. Such license shall state the name of the licensee, the location or address where the sale is to be conducted, and the permitted dates of sale, and shall be issued for a fee to be established by council resolution. A “garage sale” is defined as a sale conducted entirely within a residence or garage between the hours of 8 a.m. and 8 p.m. by the resident thereof of personal property owned by him for at least one year prior to the date of sale and not acquired for the purpose of resale.

(e) Vending Machines, Jukeboxes and Amusement Devices. Each owner of any type of vending machine, or the owner or proprietor of the premises where such machine is located, shall pay in advance for each and every type of machine operated by such owner or agent.

This provision shall apply to any vending machine which is located upon but is not the principal activity of a licensed business premises. If the vending machines and equipment are the principal business activity conducted on the premises, they shall be, for the purpose of this chapter, considered a part of the operation and carrying on of the business and the license therefor shall be governed by section 13.39 or 13.40.

In addition to other remedies provided by law, the amount due and unpaid on the vending machine license tax, including interest penalties and costs as provided herein, shall be a lien in favor of the city against unlicensed vending machines. If the liability remains unpaid for a period of sixty (60) days, at the written direction of the license collector, the unlicensed machines shall be impounded by the chief of police until the liability is satisfied. If the liability remains unsatisfied for a period of six (6) months after impounding, the city may sell the machines to satisfy the liability.

The city shall issue license stamps which shall be affixed in a conspicuous place by the owner or agent to all vending machines duly licensed hereunder. A penalty of two dollars ($2.00) per day shall be assessed for each failure to affix the required stamp to each machine. Any vending machine to which such a stamp is not affixed may be impounded by the chief of police as provided herein until all provisions of this section have been complied with and all license fees and penalties have been paid.

(f) Private Patrols. No license for the operation of a private patrol, as defined in section 18A.1, shall be issued without proof of valid licensing by the California Bureau of Collection and Investigative Services.

Editor’s note: Ord. No. 85-7, § 23, adopted February 19, 1985, amended the Code by adding a new § 13.44 which has been treated as superseding the former provisions of this section. Former § 13.44 was concerned with substitute delivery vehicles and derived from Ord. No. 646, § 25.

(Ord. No. 85-7, § 23, 2-19-1985; Ord. No. 86-19, §§ 49, 50, 10-6-1986)