Gustine Municipal Code Art. 1 In General

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business means professions, trades, occupations, and each and every kind of calling carried on for profit or livelihood which shall include any person manufacturing products or selling goods, wares, merchandise, or services of any description within the city, either as a sole business or in connection with some other business.

Business enterprise means soliciting or taking orders for, or selling or offering to sell, any goods, wares, merchandise, articles, insurance, advertising, or professional or other services in the city or delivering within the city any goods, wares, merchandise, articles, or papers of any description in the course of business or as a part of a business transaction, whether such transaction was commenced in the city or not.

Fixed place of business means premises occupied for the particular purpose of conducting a business at such premises and which is regularly kept open for that purpose with a competent person in attendance for the purpose of attending to such business, and which premises so used for such business may have been, or may hereafter be, acquired by the owner of such business, either by the ownership of such premises or by a bona fide lease thereon, the owner of such business having a bona fide intention to conduct such business in the city on a permanent, and not a transient, basis.

Manufacturing means every person engaged in the making or processing of animal or other products or materials within the city whose principal outlet for such items is wholesale rather than retail.

Premises for lease means any lot, trailer or mobile home pad, apartment unit, cabin unit, dwelling unit, commercial or industrial unit, or similar type rental unit for which any consideration is received for its use.

(Code 1966, § 3-1.101)

(a) It shall be unlawful for any person to commence, establish, maintain, or carry on any business enterprise whatever in the city without first obtaining a license from the city. The conducting or operation by any person of any business or business enterprise, as defined in section 5-2-1, without having an unrevoked license from the city to do so, fully paid and in effect at the time, and without complying with any and all regulations of such business set forth in this chapter shall be deemed unlawful and a separate violation of the provisions of this chapter for each and every day such business is so carried on.

(b) A license and license taxes are required for the following businesses and business enterprises, if conducted from a fixed place of business:

(1) Every person engaged in selling goods, wares, merchandise, or services of any description in the city.

(2) Every person engaged in any kind of manufacturing in the city.

(3) Every person who delivers goods, wares, or merchandise within the city.

(4) Every person engaged in the leasing of premises consisting of four or more units within the city.

(c) The provisions of subsection (b) of this section shall not be deemed or construed as applying to any person engaged in any business set forth in this section solely as an employee of any other person lawfully conducting business in the city.

(Code 1966, §§ 3-1.102, 3-1.128, 3-1.203)

State Law reference— Exemptions, Business and Professions Code § 16001 et seq.

(a) No person shall be exempt from the necessity of procuring a license to do business in the city. License taxes, however, shall not be charged for licenses for the following persons:

(1) War veterans who are exempt by the laws of the state from payment of a license tax;

(2) Persons transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment to municipal corporations of such license taxes as are prescribed in this chapter;

(3) Persons selling produce grown or manufactured by their own labor within the limits of the city;

(4) Persons soliciting or taking orders for goods, wares, or merchandise as a wholesaler from bona fide retail merchants in the city; and

(5) Persons conducting dances, concerts, lectures, parties, rummage sales, or entertainment when all the receipts are appropriated exclusively for any church, school, or religious, benevolent, patriotic, or other public or beneficial purpose of a local character within the city.

(b) Any person claiming an exemption from the payment of license taxes pursuant to the provisions of this section shall first present satisfactory evidence to the city clerk that such person is entitled to the exemption. Such evidence shall include a written statement, under oath, setting forth such facts and giving such information as the city clerk may require. Such persons shall comply with all the other provisions of this chapter.

(Code 1966, § 3-1.126)

State Law reference— Authority to require business licenses, Business and Professions Code § 16000 et seq.

(a) All applications for licenses shall be made to the city clerk on forms furnished by the city clerk and shall state all the facts necessary and proper to be known and stated for the issuance of such license, including the following:

(1) The kind or character of the business or business enterprise;

(2) The location of the business or business enterprise;

(3) The full name and residence of the proposed licensee;

(4) The period of time such business or business enterprise is intended to be continued or for which the proposed license is to be issued; and

(5) Such other facts or information as the city clerk may require.

(b) All applications for licenses shall be verified by the applicants.

(1) Determinations of business classifications. The city clerk shall determine the business classification of the applicant; provided, however, that any person may appeal to the council from the decision of the city clerk as to the classification. The council, after hearing such appeal, shall fix and determine the classification and the amount of tax required for such license. The determination of the council shall be final.

(2) Form. Each license issued pursuant to the provisions of this chapter shall be upon forms furnished by the city clerk and shall set forth and contain the name of the licensee and of the business licensed, the period of time covered by such license, the amount of the license tax, if any, payable for such license, and such other information as the city clerk may deem necessary or proper.

(c) The information furnished or secured pursuant to the provisions of this section shall be confidential.

(Code 1966, §§ 3-1.103, 3-1.104, 3-1.107, 3-1.108)

(a) Upon receiving a proper application for a license containing the necessary information, it shall be the duty of the city clerk to issue such license to every person paying a license tax pursuant to the provisions of this chapter or to any person entitled to such license. No license shall be issued until there is a showing that the licensee will comply with all laws and ordinances.

(b) Any person aggrieved by any decision of an administrative officer or agency with respect to the issuance or refusal to issue a license may appeal to the council by filing a notice of appeal with the city clerk. The city clerk shall present such notice of appeal to the council at the first meeting of the council after the filing thereof. The council shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to such person of the time and place of the hearing by serving such notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such person at his last known address.

(Code 1966, §§ 3-1.109, 3-1.110)

The licenses for boxing and wrestling matches, carnivals, circuses, dances, dog and pony shows, merry-go-rounds and skating rinks shall not be issued until approval has been given by the city manager. Conditions may apply to such licenses.

Licenses required by the provisions of this chapter expire at the end of the calendar year for which they were issued.

(Code 1966, § 3-1.116)

No license granted or issued pursuant to the provisions of this chapter shall be transferable or assignable.

(Code 1966, § 3-1.112)

Every person having a license issued pursuant to the provisions of this chapter shall produce and exhibit the license when applying for a renewal of such license and whenever requested to do so by any police officer or by any officer authorized to issue or inspect licenses or to collect license fees.

(Code 1966, § 3-1.111)

The city clerk may revoke any license issued pursuant to the provisions of this chapter upon good cause shown. No license shall be revoked until after a hearing before the council, notice of which hearing shall be given the licensee not less than five days in advance of the date of such hearing. The notice shall either be delivered to the licensee personally, be left at his place of business if he conducts his business in a fixed, bona fide, and established place in the city, or be mailed to him at the mailing address stated on his license application. Upon the revocation of a license, the council, in such cases as it deems proper, may order refunded to the person whose license is revoked the cash bond and any prepaid license taxes of such person, but if the revocation of a license is for the violation of the provisions of this chapter or other regulations of the city, the cash bond shall be forfeited to the city, and the refund shall not exceed the amount of the prepaid license taxes.

(Code 1966, § 3-1.113)

It is hereby made the duty of the city clerk, the chief of police, and all other lawfully authorized officers and employees of the city to enforce the provisions of this chapter and to make collections of the license taxes imposed by the provisions of this chapter.

(Code 1966, § 3-1.127)