Imperial County Municipal Code Ch. 5.01 General Business Licenses

The intent and purpose of this chapter is to regulate business within the unincorporated area of the county of Imperial to ensure compliance with county ordinances, state laws and to protect the public health, safety and welfare. Any applicable regulatory fees are authorized under California Business and Professions Code Section 460. Unless expressly otherwise provided for by the provisions of other chapters of this title, the provisions of this chapter are intended to apply to all types of business being conducted in the unincorporated area of the county of Imperial. Business license fees charged under the provisions of this ordinance shall be revenue neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the business registration and licensing program. No business license fee charged under the provisions of this ordinance shall be construed as a business license tax.

(Ord. No. 1486, § 2, 12-18-12)

A. "Business" shall mean and include professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are conducted, transacted, or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor or otherwise. This definition shall apply to business establishments located within the unincorporated area of Imperial County that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile-operator as defined herein.

B. "County" shall mean the county of Imperial and its respective departments and agencies.

C. "License inspector" shall mean an employee, agent, representative or contractor designated by the Imperial County Fire Marshall through the Imperial County Fire Department to carry out license inspections under the provisions of this ordinance.

D

"Local law enforcement or government entities" shall mean any city, charter city, county, or city and county, or the respective agencies and departments thereof, in the state of California.

E. "Mobile-operator" shall mean and refer to those businesses that operate on a mobile basis utilizing a motor vehicle to visit customer locations to carry out business-related services. This term includes, but is not limited to, those mobile operated businesses involving: mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture/upholstery cleaning; concrete cutting or mixing; masonry; painting and coating; landscaping; pool/fountain cleaning; and Port-a-Potty or other portable toilet servicing.

F. "Nuisance" shall have the same meaning as set forth in California Civil Code section 3479.

G. "Person" shall mean and include all domestic and foreign corporations, organizations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, common-law trusts, societies, and individuals conducting, transacting, or carrying on any lawful business within the unincorporated area of Imperial County other than as an employee.

H. "Sworn statement" shall mean a written affidavit, declaration or statement made under the penalty of perjury under the laws of the state of California.

(Ord. No. 1486, § 2, 12-18-12)

A. No person, whether individually or as an agent of another, shall engage in any business in the unincorporated portion of the county of Imperial without first having obtained a business license from the treasurer-tax collector, or having obtained an exemption for licensure. Application must be made with the treasurer-tax collector not less than thirty (30) calendar days prior to the date in which applicant intends to begin conducting the subject business. Failure to make such an application is a violation of this chapter as described in Section 5.01.200, below.

B. If a person or business enterprise is conducting business from more than one physical location within the unincorporated area of Imperial County, the business is required to file a separate application for each such business location. Each business location shall be required to possess and display a separate business license.

(Ord. No. 1486, § 2, 12-18-12)

The following classifications are exempt from the business license process:

A. Wholesale delivery is exempt from the license process. Any commercial vendor whose business is limited to delivery of wholesale goods, wares, and merchandise being delivered to retailers in the county of Imperial which does not operate from a physical location within the county.

B. Cable communications franchises are exempt from the license process. Any cable communications entity that has been granted a franchise by the county of Imperial and that also meets the financial requirements of maintaining such franchise.

C. Any applicant seeking a swap meet license pursuant to Chapter 5.60 is exempt from the general business license process.

D. Federal or state law business transactions are exempt from the license process. The provisions of this ordinance shall not apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States of America, or of the state of California from the payment of regulatory business license fees charged by this ordinance.

E. Any agricultural operation, as defined in Section 5.56.020 of this code, that is currently registered with the county agricultural commissioner under the provisions of Section 14006.5 of the Food and Agricultural Code relating to restricted materials permits; Section 6622 of Title 3 of the California Code of Regulations relating to operator identification numbers, or Section 46013.1 of the Food and Agricultural Code relating to certified organic farming shall pay a process fee of twenty-five dollars ($25.00) to register their businesses, otherwise are exempt from the license process.

(Ord. No. 1486, § 2, 12-18-12; Ord. No. 1515, § 1, 4-26-16)

The treasurer-tax collector shall be responsible for performing the duties as license processor for the county pursuant to the provisions of Government Code Section 27400. In this capacity, the treasurer-tax collector shall be responsible for the receipt of applications, the collecting of the license and processing fee, for initiating an investigation concerning applicants and licensees, and for issuing, suspending, revoking or renewing licenses, except in those instances where other county officers are expressly provided one or more of these responsibilities pursuant to any other provision of this title.

(Ord. No. 1486, § 2, 12-18-12)

Every licensee to whom a license is issued shall display the license at a place that is readily visible to public and county inspectors at all times during the conduct of that business at the approved location. The business license shall contain the following information:

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

B. The name of the business licensed;

C. The physical location where such business is to be transacted and carried on;

D. The date issued and date of expiration of such license;

E. The serial number of the license;

F. The type of merchandise sold or service provided;

G. Emergency contact information for licensee; and

H. Such other information as may be necessary for the enforcement of the provisions of this ordinance.

(Ord. No. 1486, § 2, 12-18-12)

A. Regular License. The license fee for a regular license shall be two hundred and fifty dollars ($250.00) and shall be issued for a period of one year. The license year is defined as beginning on the first day of issuance by the treasurer-tax collector and ending three hundred and sixty-five (365) days from said date of issuance.

B. Short Term License. The license fee for a short term license shall be fifty dollars ($50.00). The short term license is issued for a period of one or more consecutive days, up to and including as many as thirty (30) days. A person or business wishing to conduct business for a period of more than thirty (30) days, but less than one year, may apply for a short term business license for as many as four consecutive thirty-day periods. A short term business license expires at the end if its original term and anyone wishing to continue conducting business beyond that period is required to reapply in the same manner as prescribed for a new license.

C. Processing Fee. There shall be a twenty-five dollar ($25.00) non-refundable processing fee charged for every application, excepting applicants who meet the qualifications of Section 5.01.070(A). This fee shall also be charged at any time a license is to be renewed for any reason, or upon reinstatement after suspension, or because the applicant had submitted a non-negotiable returned check.

D. Additional Fees. In addition to the above fees, the applicant may be required to pay any additional fees to the county of Imperial or its departments for inspections, background investigations or services that may be charged by those departments.

E. No Proration or Refund of Fees. There shall be no prorating of any license or processing fee and no refunds issued if the business discontinues operating prior to the expiration date of the license.

(Ord. No. 1486, § 2, 12-18-12)

A. Pursuant to California Business and Professions Code Section 16102, every applicant who has received an honorable discharge or a release from active duty under honorable conditions from military service may receive a business license without paying any license fee whatsoever, except for a license to peddle or vend liquor. The veteran applicant must provide form DD-214 or a similar form to claim such veteran exemption.

B. Non-Profit Organizations. Any non-profit organizations that are legally recognized as tax-exempt pursuant to 26 U.S.C. Section 501(c)(3)/California Revenue and Taxation Code Section 23701, et seq., are exempt from paying the applicable license fee. However, the nonprofit organization shall not be exempt from paying the twenty-five dollar ($25.00) non-refundable processing fee. The applicant requesting the fee exemption must present proof of current nonprofit status.

C. Churches, Temples or Other Places of Worship. Churches, temples or other places of worship, to the extent of their use for worship, religious education or the social affairs of the religious body are exempt from licensure. This exemption shall not apply to other activities, which are not undertaken for the religious group, including, but not limited to, social services programs, day schools, or religious owned or operated business.

(Ord. No. 1486, § 2, 12-18-12)

Applications for a business license shall comply with requirements as to form and content as adopted by the treasurer-tax collector. The applicant should be aware that certain licenses may need other or additional information.

(Ord. No. 1486, § 2, 12-18-12)

A. The treasurer-tax collector shall investigate each application and retain the original of the application and forward copies (either in hard copy or electronic format) to the sheriff, the public health department, the department of public works, the fire marshal and the planning director. The sheriff, the public health department, the department of public works, the planning director, and the fire marshal shall conduct appropriate investigations pertinent to each application and file a joint report with the treasurer-tax collector. Each officer may request additional information from the applicant or may require the filing of additional forms as deemed necessary for an adequate review of said application. Each such officer may require any inspection to insure legal compliance with building code requirements, health code requirements, zoning restrictions, fire codes and all laws of the state of California or ordinances of the county of Imperial applicable to such business operation. These agencies may require that the applicant pay separate fees as prescribed by their respective fee ordinances as described in section 5.01.060(D), above.

B. Each such investigation report shall recommend that the license be granted, be granted with conditions, or be denied. If a license application is granted with conditions, the report must state the specific conditions and the reason or reasons for same. The investigation report shall be filed with the treasurer-tax collector within thirty (30) days of the date the application was originally submitted to the treasurer-tax collector. However, if circumstances concerning the application or applicant arise during the course of the investigation that make it unreasonable to complete the process within the thirty-day period, an investigating agency will notify the treasurer-tax collector. The agency must state the reason for the extended period and an estimated completion date. The treasurer-tax collector shall then notify the applicant of the status of the application based on the information from the agency.

(Ord. No. 1486, § 2, 12-18-12)

The following procedures apply whenever the applicant wishes to set a matter for a public hearing before the board of supervisors. This hearing procedure applies whenever the treasurer-tax collector grants a license with conditions, denies a license, denies a renewal of a license, modifies a license, revokes a license, or suspends a license except for suspension based upon non-payment of fees.

A. The treasurer-tax collector shall notify the applicant of the procedure to appeal in a public hearing before the board of supervisors. Any license applicant wishing to appeal may, within thirty (30) days from the date of the notice of such action, file an appeal by making written request for a public hearing before the board of supervisors. The appeal shall be filed with the clerk of the board of supervisors, who shall set the matter for public hearing.

B. The clerk of the board of supervisors shall set the matter for a hearing and shall give ten (10) calendar days written notice of the date of such hearing to the applicant or licensee and to all county departments involved in the licensing process. The hearing date shall be no later than thirty (30) days from the date of the filing of the appeal.

C. The board of supervisors shall, based upon the reports of the interested county departments and on the testimony of witnesses and evidence presented at the public hearing, grant the application, grant the application with conditions, or deny the application. Upon conducting a public hearing concerning the modification or revocation of a license, the board of supervisors shall authorize continuation of the license as granted, grant the license with conditions, modify or revoke the license.

D. Unless the board of supervisors announces its decision at the close of the hearing, it shall notify all parties of its decision within thirty (30) days of the hearing date.

(Ord. No. 1486, § 2, 12-18-12)

A. Every person or business wishing to continue business activity beyond the expiration of a current license shall file an application for renewal not less than thirty (30) days prior to the expiration of said license. All renewal applications shall be accompanied by a copy of the applicant's current license, any additional documents deemed necessary, and the required license and processing fee. Any business that has not applied for a renewal within thirty (30) days after the expiration date of a license shall be subject to the new license application procedures. Failure to renew is a violation of this chapter as described in Section 5.01.200, below. All short term business licenses expire at the end of their original term and any business choosing to continue operating shall reapply in the same manner as for a new license.

B. On all renewal applications, the treasurer-tax collector shall investigate the applicant in the same manner as for new licenses. If any one or more of the departments investigating such license renewal recommends granting the license with conditions or denial of the license, the same procedure will be followed by the treasurer-tax collector as in considering a new license. The same procedure as in Section 5.01.100, above, shall be followed as to any appeal by the applicant.

(Ord. No. 1486, § 2, 12-18-12)

A. If any county officer finds facts for which any license should not be granted or renewed, or should be granted or renewed subject to conditions, or because of which any granted license should be revoked, modified or suspended, or finds that an activity requiring a license from the county is being conducted without having obtained such a license, each such officer shall promptly notify the treasurer-tax collector in writing. The reporting officer shall give the specific reasons for the recommended denial, addition of conditions, modification, suspension or revocation, or other enforcement action. Any person or member of the public may also notify the treasurer-tax collector, in writing, of any circumstances they deem important or of concern for public health, safety or welfare as they relate to a business or licensee.

B. Upon receipt of any such written report, the treasurer-tax collector shall immediately take appropriate action. After evaluation of such a report, the treasurer-tax collector, in his or her discretion, may determine that no action is necessary. If the treasurer-tax collector determines that some type of civil action is necessary, he or she shall ask the clerk of the board of supervisors to set the matter for a public hearing following the procedure for a public hearing described in section 5.01.100, above. If the matter concerns complaints of a criminal nature, the matter will be referred to the sheriff and the district attorney for investigation.

(Ord. No. 1486, § 2, 12-18-12)

The following shall constitute grounds for denial of any license. Once an applicant has been denied, the treasurer-tax collector shall not accept a new application for a license for the same activity, at the same location, from the same person or business within one year from the date of such denial, unless that application affirmatively shows, and the treasurer-tax collector confirms that the grounds upon which the original application was denied, no longer exist.

A. The business sought to be licensed is prohibited by any local, state or federal law, statute, rule or regulation, or prohibited in the particular location by any law, statute, or rule;

B. The building, structure, equipment, or location of such business sought to be licensed fails to meet all of the health, zoning, fire and safety requirements or standards of federal or state laws or ordinances of the county of Imperial applicable to such business operation;

C. The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license or in any report or record required to be filed with any county officer or department;

D. The applicant, his or her agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a license or had a license revoked by the county, or by any other public agency as defined below on any ground, or has been an officer, director, member, partner, or manager of any person, corporation, or other business entity of whatever form, which has been refused a license or had a license revoked by the county or by any other public agency. "Public agency" as used in this section means the United States or any federal department or agency thereof this state, any other state, or any state department or agency of either, a county, city and county, parish, city, public corporation or public district of this state or of any other state.

E. The business sought to be licensed has been or is a public nuisance; or

F. The business will in any way be detrimental to the public interest.

G. Non-payment of any tax obligation described by the California Revenue and Taxation Code or the codified ordinances of the county of Imperial which are owed to the county of Imperial by the applicant, including, but not limited to, real property tax, personal property tax and transient occupancy tax.

(Ord. No. 1486, § 2, 12-18-12)

The following shall constitute grounds for revocation, suspension or modification of any business license required by the county of Imperial:

A. Subsequent to the granting of the license by the county of Imperial, the licensee, his or her agent or employee or any person connected or associated with the licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the licensee has:

1. Knowingly made any false, misleading, or fraudulent statement of a material fact in any report or record required to be filed with any county officer or department, or with any other public agency;

2. Violated any condition or restriction of the license;

3. Committed any act constituting dishonesty or fraud;

4. Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a licensed business;

5. Been convicted of any violation of any statute involving the maintenance of a nuisance, arising from any act performed in the exercise of any rights granted by the license; the revocation of which is under consideration;

6. Violated any provision of this or any other ordinance or of any statute relating to his or her permitted activity; or

7. Conducted the licensed business in a manner contrary to, or failed to observe or comply with, any lawful requirements respecting public peace, health or sanitation, safety, housing, zoning or other requirements for the general welfare of the public lawfully imposed by general law or county ordinance.

(Ord. No. 1486, § 2, 12-18-12)

A. The treasurer-tax collector may suspend a license without public hearing in cases where his or her department, or any other department involved in the investigation and inspection process, has received notice from a financial institution that the remittance received for payment of any applicable fee or fees has been returned to the department as an unpaid non-negotiable item. Such departments are authorized to charge a return item fee, as prescribed by their respective fee ordinances. In cases where the return has been received by any department other than the treasurer-tax collector it is the responsibility of that department to notify the treasurer-tax collector so they can properly initiate the license suspension process.

B. When a license is suspended due to a non-negotiable item return as provided herein, the person or business may, upon timely settlement with the department affected by the return, resume business only after first having received an official notice of reinstatement from the treasurer-tax collector. In addition to the non-negotiable item return charge, the licensee must pay an additional license processing fee as prescribed above prior to reinstatement of the earlier suspended license. Any non-negotiable item return not settled within the ten-day period required will cause the license to be revoked.

C. Suspension for nonpayment of fees is not subject to appeal.

(Ord. No. 1486, § 2, 12-18-12)

Every person having a license issued pursuant to this chapter shall be responsible for notifying the treasurer-tax collector, in writing, within ten (10) calendar days of the date in which any changes in the facts required on their application have occurred. This applies to all factual information that is prescribed in this chapter or any other applicable chapter of this title, including, but not limited to, changes in name or designation.

(Ord. No. 1486, § 2, 12-18-12)

No license issued pursuant to this title may be transferred from one person to another person or from one location to another location. Likewise, no license issued pursuant to this title may be transferred from one business entity to another business entity.

(Ord. No. 1486, § 2, 12-18-12)

The board of supervisors expressly finds that it is necessary for the sheriff to have access to criminal history information to fulfill his or her licensing investigation and reporting obligations pursuant to the provisions of this title, and expressly authorizes the sheriff to obtain access to all criminal history information maintained by federal, state or other local government law enforcement agencies as necessary for purposes of conducting appropriate investigations of applicants for licenses and licensed businesses and activities. The sheriff is further authorized to utilize all such criminal history information in making written investigation reports and recommendations concerning such applicants, licensees, and licensed businesses and activities; provided however, that the use of such criminal history information shall be restricted to the specific types of criminal conduct which constitute grounds for denial or revocation of licenses pursuant to the provisions of all chapters of this title.

(Ord. No. 1486, § 2, 12-18-12)

A. It is the intent of the board of supervisors that all applications, written investigations and other reports of county departments, and written statements of complaints filed by any other person pertaining to applications for licenses and reviews of licensed activities, and all additional reports, statements and data furnished to county officers by applicants and licensees, shall be public records open to inspection by the public during normal business hours, except as hereinafter provided.

Nothing in this section shall be construed as requiring the disclosure of records that are records of complaints involving criminal activities to or investigations conducted by, or records of intelligence information or security procedures of, the office of the state attorney general or the state department of justice, or any state or local police agency, including the sheriff or any such investigatory or security files compiled by any other state or local agency for correctional, law enforcement or licensing purposes. The sheriff and the treasurer-tax collector maintain all such confidential investigation reports on file and such reports shall be open to inspection by any peace officer, and by any county officer as necessary to the proper administration of the county's licensing programs, but shall not otherwise be open to public inspection.

B. If any application for a license requires a public hearing by the board of supervisors and the sheriff's investigation report relating to such application or applicant contains or makes reference to information from records involving complaints or investigations concerning criminal activities, the sheriff's investigation report shall be made a public document at the public hearing and the sheriff may be required to disclose such additional relevant information from his or her records as may be necessary to insure a fair hearing to the applicant.

C. Prior to conducting any public hearing at which such an investigation report or other criminal activity information are required to be made public, the applicant shall be provided a copy of the sheriff's investigation report, be informed in writing by the sheriff of the additional information the sheriff intends to disclose at the public hearing, and be given an opportunity to discuss these matters with the sheriff. After such discussions with the applicant, the sheriff, in his or her discretion, may amend his or her investigation report and recommendation and notify the applicant of his or her intent to disclose new or different information at the public hearing. The applicant shall agree to the public disclosure of such information and waive any and all claims that he or she may have against the county or any of its officers. This agreement shall be in writing to the sheriff and shall be relative to the public disclosure of such in formation at the hearing and the use thereof in acting upon the license application. If such applicant fails or refuses to provide such a written agreement and waiver, the public hearing shall be cancelled, and the application for a license shall be deemed denied by the board of supervisors.

(Ord. No. 1486, § 2, 12-18-12)

Any person violating this chapter shall be punishable by an infraction or fine as specified:

1. An infraction, punishable by a fine not exceeding one hundred dollars ($100.00), for a first violation as to the business enterprise;

2. An infraction, punishable by a fine not exceeding two hundred fifty dollars ($250.00), for a second violation as to the same business enterprise;

3. Either an infraction or a fine for a third violation and any additional violations as to the same business enterprise. lf an infraction, it is punishable by a fine not exceeding five hundred dollars ($500.00).