Hawaiian Gardens Municipal Code Ch. 5.04 Business Licenses Generally

A. There are imposed upon the businesses, trades, professions, callings and occupations specified in this title license fees in the amounts hereinafter prescribed. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City without first having procured a license from the City to so do or without complying with any and all applicable provisions of this chapter.

B. This section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or of the State of California.

C. Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States or the State shall not be liable for payment of the fee imposed by this title.

D. Persons or entities required to obtain a license for a card club pursuant to Chapter 5.92 of this title are exempt from the provisions of this chapter.

(Ord. 431 § 7, 1995; Ord. 412 § 3, 1993)

All applications for licenses shall be in writing upon a form issued by the License Collector. The applicant, in addition, shall submit any further information or evidence in writing as required by the License Collector. The application shall be verified or sworn under penalty of perjury by the applicant and shall be filed with the License Collector, his/her designee or the contractual business license agency of the City.

(Ord. 412 § 3, 1993)

If any person fails to file an application statement required by the business license law within the time prescribed, or after demand therefor, made by the License Collector, fails to file a corrected application statement, the License Collector may determine the amount of the license fee due from such person from such information as he/she may be able to obtain and if necessary, may estimate the fee required to be paid hereunder upon the basis of external indices on hand, capital invested, dividends paid, sales, or other taxes paid, number of persons employed or by considering other facts. In such a case, the License Collector shall give notice of the amount so assessed by serving the same personally or by depositing the same in the United States Post Office in the City with postage prepaid thereon, addressed to the person as assessed at his/her last known address. The amount therein set forth shall be assessed as of that date and shall be due and owing as of the first time said amount would have been due and owing under the business license law in the amount set forth in said business license law plus all penalties imposed in said law.

(Ord. 412 § 3, 1993)

Any person who fails to file any required application or written statement shall become liable for the penalty set forth in the business license law from the first date said person should have filed said application or written statement, and said penalty shall be added to the amount of license fee. The License Collector determines the fee said person would have paid if said person had applied and obtained a license as required under the business license law.

(Ord. 412 § 3, 1993)

All applications shall be public record as provided in the Public Records Act of the California Government Code Section 6254.

(Ord. 412 § 3, 1993)

All new businesses as well as existing businesses shall comply with all applicable State laws and County ordinances, as well as City ordinances, regulating the type of business for which persons are engaged. Proof of such compliance may be required at any time.

(Ord. 412 § 3, 1993)

No business license or permit shall be issued for the conducting of any business and no person, firm or corporation shall use, maintain or operate any business or structure unless said business or structure has been inspected and approved by the Fire Prevention Bureau. Said approval shall be reported in writing to the License Collector.

(Ord. 412 § 3, 1993)

A. It shall be the duty of the License Collector and he/she is directed to enforce each and all of the provisions of this title, and the Chief of Police shall render such assistance in the enforcement of this title as may from time to time be required by the License Collector or the City Council.

B. The License Collector in the exercise of the duties imposed upon him/her under this title, and acting through his/her deputies or duly authorized assistants, shall examine or cause to be examined all places of business, records of business and persons within their respective territory in the City to ascertain whether the provisions of this title have been complied with.

1. To enter free of charge, at any time, any place of business for which a license is required, and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business.

2. To require the holder of any exempt license to write his/her signature for purposes of comparison with that appearing on the original application.

C. Any failure on the part of any person licensed under this business license law to exhibit to and allow examination by an authorized person shall constitute a violation of this Code.

(Ord. 412 § 3, 1993)

Except in cases specifically provided for otherwise in this title, the license term for licenses issued hereunder shall be for a term of 12 months, commencing the first day of January and terminating on the last day of December.

(Ord. 412 § 3, 1993)

When any business shall be commenced more than three months after the beginning of the license year, applicant shall pay three-fourths of the annual license fee as provided in this title. If commenced more than six months afterward, the applicant shall pay one-half of the fee provided, and if commenced more than nine months afterward, one-fourth of such fee. In no case shall any license fee be less than $30.00. This section shall not apply to businesses that, by Code, are limited to a duration other than that established by Section 5.04.090.

(Ord. 412 § 3, 1993)

Except as specifically provided elsewhere in this title, a separate license must be obtained for: (1) each branch establishment; (2) location of the business transacted; and (3) each separate type of business at the same location. Each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license. However, warehouses and distributing plants used in connection with and incidental to a business licensed after the provisions of this title shall not be deemed to be separate places of businesses or branch establishments.

(Ord. 412 § 3, 1993)

No person charged with the enforcement of any of the provisions of the business license law shall knowingly accept or receive any sum for any license which is less than or greater than the amount actually to be paid under the provisions of the business license law. The City Council shall set the amount of the application maintenance fees to be paid by resolution.

(Ord. 412 § 3, 1993)

All license fees shall be paid in advance to the License Collector in lawful money of the United States. The amount to be paid shall be determined in the discretion of the License Collector and in accordance with the terms and provisions of the business license law.

(Ord. 412 § 3, 1993)

The City Administrator shall investigate all applications to the extent he/she deems necessary for him/her to perform his/her duties hereunder. Upon request by the City Administrator, the applicant shall make available for inspection all of the applicant's financial books, records and papers at any reasonable time before the application is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the determination of factual accuracy of the information contained in the application. Failure to make any such information available within ten days at the City Administrator's request to inspect same shall automatically result in revocation of the permit.

(Ord. 412 § 3, 1993)

The amount of any license fee and penalty imposed by the provisions of this title shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent license fee and penalties.

(Ord. 412 § 3, 1993)

Unless specified otherwise in the business license law, or in any special permit or license, all licenses shall be subject to renewal upon the first day of January each calendar year. The license and the fee for the license shall be then immediately due and owing. Every person failing to pay the license fee on the due date shall become subject to a penalty of ten percent of the amount of such license fee for each month thereafter, provided that the delinquent fee shall not exceed one-half of the license fee originally due for each calendar year that said license fee and any delinquent fee(s) incurred remain unpaid.

(Ord. 576 § 1, 2018; Ord. 412 § 3, 1993)

Persons required to pay a license fee for transacting and relieved from the payment of any license fee for the privilege of doing such business required under any other ordinance of the City, and shall remain subject to the regulatory provisions of other ordinances.

(Ord. 412 § 3, 1993)

All licenses must be kept and posted in the following manner:

A. 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 where such business is carried on.

B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the City shall keep the license upon his or her person at all times while transacting and carrying on such business.

C. Vehicles, carts, baskets. As directed by the License Collector or his/her designee, each person driving, operating or having control of any wagon, cart or other vehicle, or using or controlling any tray, basket or other receptacle, or controlling, possessing or operating any machine, device or equipment, including vending machines, where a license law is required under the provisions of the business license law, shall fix thereon a license tag or plate or decal as issued by the License Collector and at the place directed by the License Collector, or if the License Collector so directs, shall procure a license holder and fix thereon for the purpose of holding the City License, or if the License Collector so directs, shall carry a license, or identification card as directed by the License Collector upon his/her person. Any license plate or tag or decal shall be placed so that it is always plainly visible. No person shall keep any license or plate or tag or identification card from the person lawfully entitled to the same or remove from the place where posted or fixed. (Also see Chapter 5.30.)

D. Identification cards. All junk dealers, junk collectors, secondhand dealers and collectors, solicitors, peddlers, hawkers, vendors and employees as defined in this title engaged in business within the City at a place other than a fixed place of business shall at all times while so engaged in said business within the City carry upon their person an identification card issued by the License Collector setting forth the name and address of the licensee as well as the name and address of the employee if the person so engaged in said business is one other than the licensee and in addition, setting forth such other identification matter deemed necessary by the License Collector.

(Ord. 412 § 3, 1993)

Duplicate licenses may be issued by the License Collector or his/her designee to replace any license previously issued which has been lost or destroyed, upon applicant therefor filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the License Collector or designee a fee that shall be set by City Council resolution.

(Ord. 412 § 3, 1993)

No license issued pursuant to this business license law shall be transferable without obtaining approval by the License Collector. A license may be amended to transfer from:

1. Location to location;

2. Person to person, provided that such licensee files an application to have the license previously issued amended therefor.

Any amendment shall require paying the fees set by City Council resolution.

(Ord. 412 § 3, 1993)

No license issued under the provisions of the business license law shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business.

(Ord. 412 § 3, 1993)

A. Violations of this chapter shall be a misdemeanor. Any person violating any provision of this chapter shall be subject to criminal and/or administrative citations or civil actions, pursuant to Chapters 1.12 and 1.13 of the Hawaiian Gardens Municipal Code.

B. Whenever any person fails to comply with any provision of this chapter pertaining to business license taxes or any rule or regulation adopted pursuant thereto or with any other provision or requirement of law, including, but not limited to, this Municipal Code, or any other County, State, or Federal law, and any grounds that would warrant the denial of initial issuance of a license hereunder, the City's Community Development Director ("Director"), upon hearing, after giving such person ten days' notice in writing specifying the time and place of hearing and requiring him or her to show cause why his or her license should not be revoked, may revoke or suspend any one or more licenses held by such person. The notice shall be served in the same manner as notices of assessment. The Director shall not issue a new license for one calendar year after the revocation of a license unless he or she is satisfied that the registrant will thereafter comply with the business license tax provisions of this chapter and the rules and regulations adopted thereunder, the provisions of the Municipal Code, and until the Director collects a fee, the amount of which shall be determined by Director in an amount to recover the actual costs of processing, in addition to any other taxes that may be required under the provisions of this chapter.

C. Any person who engages in any business after the business license issued therefor has been suspended or revoked, and before such suspended license has been reinstated or a new license issued, shall be guilty of a misdemeanor.

D. No refund or rebate of business license taxes shall be allowed by reason of the fact that the business license holder discontinues an activity for which a business license tax is required, or because the business license is suspended or revoked.

E. The Director may refuse to issue a license, suspend, revoke or refuse to renew a license to conduct business in the City upon recommendation by the Community Development Department based on any violation that has occurred.

F. Any refusal to issue, refusal to renew, suspension, or revocation shall be in accordance with the procedures set forth in Chapter 1.14.

(Ord. 565 § 1, 2016; Ord. 412 § 3, 1993)

Any person aggrieved by a decision of the License Collector with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal pursuant to Chapter 1.14.

(Ord. 412 § 3, 1993)