Hesperia Municipal Code Ch. 5.04 Business Licenses Generally

Footnotes:

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Editor's note— Ord. No. 2019-10, § 3(Exh. A), adopted August 20, 2019, amended the following sections in Title 5, ch. 5.04 to read as herein set out. Former ch. 5.04, §§ 5.04.010—5.04.220, pertained to business licenses generally, and derived from Ord. 197 Exh. A (SBCC §§ 41.0101—41.0122), 1994; Ord. 210 § 1, 1995; Ord. 218 § 5, 1995; Ord. 246 § 1, 1996; Ord. 250 (part), 1997; Ord. 250 Exh. A (part), 1998.

The purpose of this chapter is to establish regulations that will protect the general public health, safety and welfare under the authority granted to governments by the Constitution of the State of California.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. Issuance of License Not Permission to Operate. The issuance of a license does not provide permission to operate unlawful business.

B. License Issued in Error. Any license issued in error is invalid.

C. License Fees Required. It is unlawful for any person to commence, transact, or operate any business within the city without first having procured a business license from the city and paying all fees as required by this title. It is unlawful for any person to operate with an expired, suspended, or revoked license at anytime, or to violate or fail to comply with any provisions of this title.

D. Use of License. The person named within the business license is hereby granted a license pursuant to the provisions of this chapter to engage in, carry on, or conduct within the city, the business, trade, calling, profession, exhibition, or occupation described by the issued license during the time period indicated on the license.

E. Licenses issued pursuant to Chapter 5.20 or 5.48 of this code shall also be subject to all void, denial, or revocation procedures within those specified chapters.

F. No license shall be issued until such time that all other entitlements, permits, and all other local, state, and federal requirements have been met. The city shall give notice of denial or revocation of a license application by first class mail, return receipt requested, to the applicant at the applicant's address listed in the application.

G. Verification may be required as requested by city that the licensee is subject to or exempt from licensing by the State of California (except as provided for by this chapter or other regulatory agency). Issuance of a city business license shall not be deemed to waive any other applicable state, local, or federal licensing requirements.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. All persons who apply for a business license pursuant to this title for the sole purpose of conducting, managing, or carrying on a charitable activity from which profit is neither directly nor indirectly derived are exempt from the business license fee. Verification of registration as a nonprofit entity may be required by the city.

B. Any public utility operating in the city that is required to make payments under a franchise agreement with the city is exempt from the business license fees.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

Every person desiring to obtain a business license shall submit a complete business license application to the city, together with all required fees and supporting documentation.

A. An application for a license under this title shall require the following information:

1. Business start date.

2. Business name.

3. Business address.

4. Business mailing address.

5. Business telephone number.

6. Federal employer identification number (if business is a partnership or corporation), or owner's name and social security number (for all others).

7. Type of business activity.

8. Ownership Type. Sole proprietorship, partnership, or corporation. If sole proprietorship, owners full name shall be included.

9. A declaration under penalty of perjury that the foregoing is, to the best of applicant's knowledge and belief, true and correct, and that applicant has read the application and understands all the conditions stated therein.

10. Any other supplemental information requested by city.

B. Information provided in the application will become a matter of public record and will be subject to disclosure, with the exception of social security or federal employer identification numbers.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

The city shall issue to any person having met the requirements of this title a license that shall contain the following:

A. The name of the person to whom the license is issued.

B. The name and address of the business.

C. The expiration date of the license.

D. The type of business for which the license is issued.

E. The name of the business.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. The investigation fees, license fees, renewal fees, and late fees for this title shall be as adopted by city council resolution and contained within the adopted City Fee Schedule:

B. Late Fees.

1. Any business license not secured within thirty (30) days of notification by the city shall be assessed a late payment penalty as adopted within the City Fee Schedule.

2. Any business license not secured within forty-five (45) days of notification by the city shall be assessed a second late payment penalty, as adopted within the City Fee Schedule.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. Businesses Located within City Limits. Should a license lapse during anytime period after issuance, the licensee shall be responsible, before issuance of a renewal or new license, for payment of all late fees, fines, and any administrative or civil penalties.

B. Businesses Located Outside City Limits that Conduct Business Intermittently for any Period of Time. Should the license be issued to a business that is not located within the city and that conducts business within the city intermittently, and that license lapses, the licensee shall be subject to the following:

1. If less than one year has passed since the license expiration, the licensee shall be subject to all late fees and the renewal license fee in order to renew the license.

2. If more than one year has passed since the license expiration, and there is no evidence that the licensee has been operating within the city without a valid license, the licensee shall receive a new license and pay the new license fee, the license number shall not change.

3. If there is evidence that the licensee has operated within the city without a valid license at any time, all fees and any fines or penalties shall apply.

C. Conducting of any business whatsoever within the city requires a city business license.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

The amount of any license fee imposed by this title and of any late penalty shall be deemed a debt to the city. Any person commencing or operating any business without having a license to do so shall be liable in an action by the city in any court of competent jurisdiction for the amount of the license fee imposed by this chapter with respect to such business.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. Any license issued in error shall be invalid. No license issued in error entitles any person to conduct a prohibited business at the location for which the business license was issued.

B. Any error in the amount of any license fee may be corrected by the city at any time. Failure to submit any additional due amounts on any license may result in the revocation of the license.

C. No license fee paid under provisions of this title shall be refundable unless it is determined by the city that the fee was collected in error.

D. The business license issued pursuant to the provisions of this title constitutes a receipt for the license fee paid and is a requirement, not a permit, to transact or carry on any business activity within the city. Payment of fees or possession of a license shall not exempt the holder from conforming with all other codes and ordinances adopted by the city and any other applicable state or federal laws.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

No license issued to a business, owner, or location may be transferred to another business, owner, or location, except that a valid license holder operating within the city may move his/her place of business following the submission of a revised application showing the new address. A license issued for a new location is subject to the same review criteria as the original license, and may include additional zoning or operating requirements, including, but not limited to, a certificate of occupancy for the new location. Any license requiring a site investigation shall be subject to a site investigation fee. For businesses located outside of the city, but operating within the city, the operator shall notify the city of any change of mailing address in writing within fifteen (15) days of such change.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

All business licenses must be renewed annually, subject to renewal fees. Applicants for a renewal license shall update the information on the renewal license form if any of the information has changed.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

All businesses shall display business licenses in the following manner:

A. License holders conducting business at a fixed place of business in the city shall post the license in a conspicuous place on the business premises.

B. License holders without a fixed place of business in the city shall keep the original license in his/her immediate possession while conducting business within the city.

C. License holders with one or more vehicles operating in the city shall keep a copy of the original license in each vehicle.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. Any person conducting two or more businesses shall be required to provide licenses for each business. Separate fees shall be charged for each business at the regular fee rate.

B. Any business conducted with separate branches or franchise locations shall be licensed as if each branch or franchise were a separate business. The fee shall be computed for each branch or franchise establishment as a separate and independent business. Warehouses and distributing plants used in conjunction with and incidental to a business shall not be considered a separate place of business.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. All businesses issued a license under the provisions of this title shall at all times be in compliance with all applicable laws of the City of Hesperia, the State of California, and the United States of America. Any business license may be revoked or denied by the city if it is determined that the license holder or applicant for a license:

1. Violated any provision of any state or federal statute relating to the permitted activity; or

2. Does not have all current and valid applicable local, state, and federal permits; or

3. Within the last thirty-six (36) months violated any provisions of Title 16 of the Hesperia Municipal Code related to illegal land use; or

4. Committed any unlawful, false, fraudulent, deceptive, or dangerous act while conducting business that caused injury, or the licensee benefited from the unlawful act; or

5. Conducts business in a manner that is detrimental to the peace, health, safety, and general welfare of the public; or

6. Does not possess a valid driver's license issued by the state of California in the applicable class, if required for the operation of the business; or

7. Has been convicted of more than two violations of any state laws pertaining to the operation of a motor vehicle in any calendar year, if the licensee operates a motor vehicle as a function of the licensed business.

8. Employs a driver who does not have a valid taxicab driver's license if required.

9. The failure to complete, file, and retain the records required by the Business and Professions Code related to pawnbrokers, and secondhand dealers.

10. Committed or caused to be committed, any violation of, or failure to comply with, the mandatory conditions of the home occupation permit, if applicable.

B. Licenses issued pursuant to Chapters 5.20. and 5.48 of this code shall be subject to this section in addition to the revocation procedures within those specified chapters.

C. No license shall be issued until such time that all other entitlements, permits, and all other local, state, and federal requirements have been met. The city shall give notice of denial or revocation of a license application by first class mail, return receipt requested, to the applicant at the applicant's address listed in the application.

D. Any person denied a license, or whose license is revoked, may appeal the denial under the provisions specified in Section 5.04.150, below.

E. The following businesses require a California Department of Justice clearance prior to the issuance or renewal of a business license. The city shall receive the results of the clearance.

1. Massage facility owners who do not have CAMTC license;

2. Ice cream vendors;

3. Taxi cab, shuttle, and limo operators;

4. Commercial cannabis owners, applicants, and shareholders;

5. Solicitors;

6. Peddlers; or

7. Adult business operators.

F. In addition to Section A above, any license requiring a U.S. Department of Justice clearance is revoked effective upon notification to the licensee should the clearance reveal any of the following:

1. The applicant has been convicted of, or entered a plea of guilty or no contest to, a felony or any crime involving theft, embezzlement, or moral turpitude during the preceding thirty-six (36) months, or is currently on probation, parole, or subject to incarceration as a result of such conviction; if the licensee is not an individual, the above information shall apply to any officer, director, manager, or member of the business, or any other person exercising control or management of the business.

2. The person is required to register pursuant to Section 290 of the California Penal Code; and the license type applied for does not allow for any person required to register to receive a license.

3. The person has been convicted of a crime involving soliciting for prostitution or narcotics, unless a period of not less than three years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later;

4. The person has a conviction or guilty/no contest plea of driving a motor vehicle recklessly or under the influence of a controlled substance or alcohol within the preceding three years, if a valid driver's license is required;

5. The person has a conviction or guilty/no contest plea of more than two violations of any state law pertaining to the operation of a motor vehicle in any calendar year, if a valid driver's license is required;

6. Conviction of any violation of state law pertaining to motor vehicles that led to property damage, great bodily harm, or injury, if a valid driver's license is required;

7. The person has a conviction or a guilty/no contest plea of a felony charge within the last seven years which the city believes could be detrimental to the health, safety or welfare of the public, based on the type of license being applied for. In the event of a denial of a license the city will provide the applicant with a written explanation of the denial, sent by first class mail.

G. Any application that is found to contain inaccurate, false, misleading, or fraudulent statements, or that omits material facts regarding the operation of the business, or the application was not accompanied by all required supporting documentation, shall void the license.

H. Should a license become void, the city shall, within ten business days, notify the licensee of such action in writing, first class postage pre-paid at the business mailing address listed on the application.

1. Any applicant who receives notification of a voided license may appeal such action following the appeal process in Section 5.04.150.

I. Any person whose license is revoked may not reapply to operate any business within the city for one year from the date of revocation. Any person whose license is revoked based on failure to pass a background check pursuant to subsection B, above, may not reapply to operate any business within the city for three years from the date of revocation.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

Should any license be revoked, denied, or voided by the city, the licensee shall have the right to appeal the decision. The procedure to appeal shall be as follows:

A. Prior to any revocation, denial or voiding of license, the city shall, by first class mail postage prepaid to the address given on the business license application as the mailing address, give the license holder ten days' notice of the city's intent to revoke such license and shall state the reasons for such revocation.

B. Should the license holder desire to appear before the city council and appeal the revocation, the license holder shall submit the following, in writing, to the city clerk within fifteen (15) days of the date on the notice of revocation:

1. The reason for the appeal, detailing why the license holder believes they are not in violation of law, or were not in violation of law at the time of notice by city of violation.

2. The name of the business.

3. The business license number.

4. The name of the business owner(s).

5. Contact information including mailing address and phone number.

6. The non-refundable appeal fee as adopted by resolution of the city council.

C. Upon receipt of a timely written appeal, the item shall be prepared for the city council, to be heard at a duly noticed public hearing not more than sixty (60) days from the date of the appeal being filed.

D. The city shall notify the license holder of the date, time, and location of the hearing, within ten days of the hearing date.

E. The filing of an appeal stays the action by the city until the city council makes a final decision.

F. The license holder shall have the opportunity to present evidence to the city council at the public hearing regarding why the license should not be revoked. The council shall consider all relevant evidence. If the council finds good and sufficient cause for revocation, denial or voiding, the license shall be revoked. No refund of any license shall be made following revocation, denial or voiding. Revocation, denial or voiding of a license shall be effective upon action of the city council as herein described. The council's decision shall be in writing and shall articulate the council's findings and the factual basis thereof.

G. Within ten days of the hearing, the city shall, by first class, postage prepaid to the mailing address given on the business license application, notify the license holder of the council's decision. The decision shall make reference to Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)

A. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued, and shall be subject to all remedies and enforcement measures authorized by the Hesperia Municipal Code, Title 1.

B. To the fullest extent allowed under state law, any person, whether as principal, employee, agent, partner, director, officer, stockholder, or trustee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months, or by both such fine and imprisonment.

C. The violation of any of the provisions of this title is deemed a public nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. Violations of this title may be also be punishable in accordance with the provisions of Title 1 of this code. Remedies are not exclusive of each other.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-2019)