Irwindale Municipal Code Ch. 5.04 General Regulations

A. "Businesses, professions and trades," as used in Chapters 5.04 through 5.16, includes all businesses, professions, trades and occupations of all and every kind of calling carried on within the city for the purpose of earning a profit or livelihood, whether or not a profit or livelihood is actually earned thereby. "Businesses, professions, and trades" includes, but is not limited to, commission merchants, salesmen, brokers, retailers, wholesalers, vendors, suppliers, the renting or supplying of living quarters, or rooms, or board, or both, for four or more guests, tenants, or occupiers, and any other type of endeavor entered into within the city for the purpose of earning of livelihood or profit, whether paid for in money, goods, labor or otherwise and whether or not said business, profession or trade has a fixed place of business in the city.

1. Place of Business. Chapters 5.04 through 5.16 shall apply to all persons conducting a business, profession or trade within the city, whether or not such person maintains a fixed place of business in the city and whether or not said person may primarily conduct his business, profession or trade elsewhere. A person shall be deemed to be conducting a business, profession or trade within the city if he, or his agents, or employees, offer, solicit, sell, contract, construct, make, deliver or repair, or perform acts or services in respect to said business, trade or profession within the city.

2. Employees. The term "businesses, professions and trades" shall not apply to any person engaged in the business, profession or trade solely as an employee of any other person conducting, managing, or carrying on any such business in the city.

B. "Employee" means all persons engaged in the operation or conduct of any business, and includes any member of the owner's family, agent, manager, solicitor, and any and all other persons employed or working in said business.

C. "Person" as used in Chapters 5.04 through 5.16 includes individuals, associations, partnerships, and corporations, etc., unless otherwise specifically indicated.

(Ord. 91 § 1(h)(part), 1960: prior code §§ 6237, 6238, 6239, 6240, 6241).

A. No person shall commence or carry on any business, profession or trade or occupation of any kind, nature, or calling within the city, whether or not said person has a fixed place of business within the city or elsewhere, and where the business, profession and trade and/or occupation is not otherwise exempt from the provisions of license requirements hereunder by federal or state law or by the provisions of Chapters 5.04 through 5.16 without first having procured a license and/or permit, as required by Chapters 5.04 through 5.16, from the city to do so and without first complying with any and all regulations contained in Chapters 5.04 through 5.16. The carrying on of any business, profession, trade and/or occupation without first having procured a license from the city to do so, or a permit where required, or without complying with any and all regulations pertaining to the business as provided in Chapters 5.04 through 5.16, shall constitute a separate violation of Chapters 5.04 through 5.16 for each and every day the business, profession, trade and/or occupation is so carried on.

(Ord. 91 § 1(h)(part), 1960: prior code § 6200).

No license issued under the provisions of Chapters 5.04 through 5.16 shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business.

(Ord. 91 § 1(h)(part), 1960: prior code § 6201).

Any sum required to be paid under Chapters 5.04 through 5.16 shall be deemed a debt to the city and any person who engages in any business required to be licensed, without obtaining a license to do so, shall be liable to an action by and in the name of the city in any court of competent jurisdiction for the recovery of any such amount.

(Ord. 91 § 1(h)(part), 1960: prior code § 6202).

The city clerk or his or her authorized designee shall serve as license collector and shall be the custodian of all funds collected thereunder until transferred to the city treasurer. All references to the city clerk throughout this chapter shall mean and refer to the city clerk or his or her authorized designee. All funds collected by the license collector under Chapters 5.04 through 5.16 shall be deposited daily with the city treasurer.

(Ord. 91 § 1(h)(part), 1960: prior code § 6203).

(Ord. No. 767, § 2, 3-22-23)

The city clerk shall have, in addition to all other powers conferred upon him, for good cause shown, the power to extend the time for filing any statement required for a period of not to exceed thirty days, and in such case waive any penalty that would have otherwise accrued, and, with the approval of the council and the written approval of the city manager, to compromise any claim for license fee subject to the provisions of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6222).

(Ord. No. 767, § 3, 3-22-23)

All applications for license shall be in writing upon a form approved by the city attorney and issued by the city clerk. The applicant, in addition, shall submit any further information or evidence in writing as required by the city clerk or the city manager, or other designated agency of the city. The application shall be verified by the applicant and shall be filed with the city clerk or his or her designee. The city clerk shall send copies of the application to those officers and departments designated in Chapters 5.04 through 5.16, and to any other that may be designated by the city council.

(Ord. 91 § 1(h)(part), 1960: prior code § 6218).

(Ord. No. 767, § 4, 3-22-23)

Every officer and department to which an application for a license is referred shall be furnished with such additional information and the filing of such additional forms as he or it deems necessary.

(Ord. 91 § 1(h)(part), 1960: prior code § 6218.1).

Every officer and department to which an application is referred shall, in writing, advise the city clerk of all material facts necessary to determine whether the license should be granted or denied, and of its approval or disapproval.

(Ord. 91 § 1(h)(part), 1960: prior code § 6218.2).

If any person fails to file any application statement required by Chapters 5.04 through 5.16 within the time prescribed, or, after demand therefor made by the city clerk, fails to file a corrected application statement, the city clerk, with the consent of the city council first obtained, may determine the amount of the license fee due from such person from such information as he may be able to obtain. In case such determination is made, the city clerk shall give notice of the amount so assessed by serving the same personally, or by depositing same in the United States post office in the city, with postage prepaid thereon, addressed to the person so assessed at his last known address. Such person may, within ten days after the mailing or serving of such notice, make application in writing to the city clerk for hearing on the amount of the tax. If such application is not so made within the time prescribed, the assessment shall become final. After such an application is filed, the city clerk must cause the matter to be set for hearing within fifteen days before the city council. The city council shall consider all evidence produced and shall make written findings thereon, a copy of such findings to be served upon the applicant in the manner prescribed above for service of notice of assessment. Such findings shall become final at the expiration of five days from the date of service, within which time exceptions may be filed by the applicant with the city clerk. If filed, the city council shall consider the same and make such modification as may be deemed necessary; thereupon the final assessment shall be made.

(Ord. 91 § 1(h)(part), 1960: prior code § 6223).

Any person who fails to file any required application statement [2], or fails to pay the amount required under Chapter 5.08 within the time fixed by Chapters 5.04 through 5.16 shall be assessed the same penalty provided in Section 5.04.300 for failure to pay a license fee before it becomes delinquent, which sum shall become a part of the license fee required to be paid under Chapter 5.08. No statement shall be conclusive as to the matters set forth herein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable under Chapter 5.08. Such statement and each of the several items therein contained shall be subject to verification by the city clerk.

(Ord. 91 § 1(h)(part), 1960: prior code § 6221).

Footnotes:

--- (2) ---

* For power of city clerk to extend the time of filing, see Section 5.04.060.

All applications filed pursuant to the provisions of Sections 5.04.070 through 5.04.110, for the purpose of ascertaining business license fees, shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the city clerk to preserve and keep said statements so that the contents thereof may not become known except to the persons required by law with the administration or enforcement of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6224).

No person shall make any false, misleading or fraudulent statement or misrepresentation of any fact in any application for a license or permit required to be filed with the city council, or with any board, commission, or authorized person of this city. In addition to any other penalties provided in any section of Chapters 5.04 through 5.16, such conduct shall be grounds for suspending or revoking any license or permit issued to such person.

(Ord. 91 § 1(h)(part), 1960: prior code § 6235).

A. Each license issued under Chapters 5.04 through 5.16 shall state upon the face thereof the following:

1. The person to whom the same is issued;

2. The kind of business licensed thereby;

3. The amount paid therefor;

4. The location of such business;

5. The date of expiration of such license.

B. In no case shall any mistake of the city clerk in stating the amount of a license prevent or prejudice the collection by the city of what should be actually due from any person carrying on a business subject to a license under the provisions of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6204).

Except in cases specifically provided for otherwise in Chapters 5.04 through 5.16, the license term for licenses issued under Chapters 5.04 through 5.16 shall be from July 1st to June 30th of each year. Subject to other provisions of this title, the license fee required to be paid under this title shall be due and payable on the first day of July of each year, and shall be delinquent thirty days after the same becomes due.

(Ord. 98 § 1(b), 1961; Ord. 91 § 1(h)(part), 1960: prior code § 6219).

No license issued pursuant to Chapters 5.04 through 5.16 shall be transferable; provided, that where a license is issued authorizing a person to conduct a business at a particular location, such licensee may, upon application therefor and paying a fee of five dollars, have the license previously issued amended so as to authorize the conduct of such business from such other location.

(Ord. 91 § 1(h)(part), 1960: prior code § 6207).

A separate license must be obtained for each branch establishment or separate place of business in which the business, profession or trade is carried on, and each license shall authorize the person obtaining it to carry on, pursue or conduct only that business, profession or trade described in such license, and only at the location or place of business which is indicated therein.

(Ord. 91 § 1(h)(part), 1960: prior code § 6216).

A duplicate license may be issued by the city clerk to replace any license previously issued which has been lost or destroyed, upon applicant therefor filing an affidavit attesting to such fact, showing proof to the city clerk that the loss of such license, license tag, or decal has been reported to the police department, and at the time of filing such affidavit paying to the city clerk a fee of one dollar therefor.

(Ord. 91 § 1(h)(part), 1960: prior code § 6208).

Except as otherwise specifically provided by the provisions of Chapters 5.04 through 5.16, all licenses must be kept and posted in the following manner:

A. Subject to other provisions of Chapters 5.04 through 5.16, any licensee engaged in business at a fixed place of business shall keep the license issued posted in a conspicuous place upon the premises where such business is conducted.

B. Any person engaged in business in the city, but not operating from a fixed place of business, shall keep the license issued to him upon his person at all times while engaged in such business.

C. Vehicles, Carts, Baskets. As directed by the city clerk, 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 is required under the provisions of Chapters 5.04 through 5.16, shall fix thereon a metal license tag, plate, or decal as issued by the city clerk and at the place directed by the city clerk, or, if the city clerk so directs, shall procure a license holder and fix thereon for the purpose of holding the city license, or, if the city clerk so directs, shall carry a license or identification card as directed by the city clerk upon his person. Any license plate, tag or decal shall be placed so that it is always plainly visible. No person shall keep any license, or plate, or tag, or decal, or identification card longer than thirty days after the expiration of the term for which the license is issued, and no person, except the licensee or his authorized agent, shall take or remove any license, plate, tag, or decal, or identification card from the person lawfully entitled to the same or remove from the place where posted or fixed.

(Ord. 91 § 1(h)(part), 1960: prior code § 6209).

No license for any succeeding current or unexpired license period shall knowingly be issued to any person who at the time of making application for any license is indebted to the city for any unpaid license fee; provided, that the city clerk, or his duly authorized deputy, may enter into an agreement with any person indebted to the city for nonpayment of license fees for any past license period, agreeing with such person that such person may pay delinquent license fees for any past license period in equal installments extending over a period not to exceed one year. In such agreement such debtor shall acknowledge its debt to the city and agree, in case default is made in the payment of any installment agreed to be paid thereunder, that the whole amount agreed to be paid shall become immediately due and payable and, that in case suit be brought to enforce collection of the amount agreed to be paid under such agreement, that the debtor will pay all costs of suit incurred by the city. In case such agreement is executed, licenses for any current or ensuing license period may be issued to any such person paying the fee prescribed for the current or ensuing license period, together with penalties, if any.

(Ord. 91 § 1(h)(part), 1960: prior code § 6206).

Any license, permit, or certificate issued by the city to any person to carry on any business under the provisions of Chapters 5.04 through 5.16 may be revoked or suspended by the city council in the following manner:

A. The city council may, upon its own motion, or upon the written charges filed by the city clerk or the city manager, give notice to any licensee or permittee to appear before the city council at a time and place set for such hearing to show cause, if there may be any, why the license or permit issued to the licensee or permittee shall not be revoked or suspended. The notice shall state the grounds for complaint or reasons for suspension in clear and concise language.

B. Such notice shall be served upon the licensee or permittee not less than five days and not more than ten days prior to the date set for the hearing. Upon good cause being shown, the licensee shall be entitled to a continuance until the next meeting of the city council.

C. On revocation of a license, no part of the money paid to the city therefor shall be returned, but the license shall be forfeited to the city.

(Ord. 91 § 1(h)(part), 1960: prior code § 6226).

(Ord. No. 767, § 5, 3-22-23)

The city council, upon its own motion, may suspend any license or permit without previous notice pending a hearing; provided, that:

A. It appears to the city council that the immediate suspension of any license or permit is necessary for the immediate preservation of the public health, morals, safety, and general welfare;

B. At the time of the suspension of any license or permit the licensee or permittee shall be served with a written statement containing the reasons for such suspension;

C. Within twenty-four hours after the suspension of any license as heretofore provided in this section, and unless said license is sooner restored, the licensee or permittee must be served with a notice of hearing to show cause in the form as provided in subsection A of Section 5.04.210;

D. In all cases where a license has been suspended as provided in this section, the hearing of the charges upon which revocation of license is sought shall be held not earlier than the third day nor later than the fifth day after service of the notice, except at the request and with the consent of the licensee or permittee.

(Ord. 91 § 1(h)(part), 1960: prior code § 6227).

A. At any hearing provided in Chapters 5.04 through 5.16 the licensee or permittee shall be given an opportunity to appear either personally or by counsel, and to be heard and to defend himself, and he may call witnesses on his behalf.

B. The council may continue such hearing from time to time upon good cause being shown therefor; provided, however, that if the license has been suspended prior to the hearing, the same must be completed within two days, including the first day of hearing.

(Ord. 91 § 1(h)(part), 1960: prior code § 6228).

After conducting such hearing as provided for in Section 5.04.230, the city council may revoke, suspend or reinstate any such license or permit upon such terms and conditions as in the exercise of a reasonable and sound discretion it shall determine. The order of the council revoking, suspending or reinstating the license or permit shall be final and conclusive.

(Ord. 91 § 1(h)(part), 1960: prior code § 6229).

The city council, after revoking or suspending any such license or permit, shall notify the city clerk of such fact, and thereafter no license shall be issued by the city clerk to any licensee or permittee to carry on any business or do any act for which such license or permit was granted until a new license or permit has been granted therefor by the city council.

(Ord. 91 § 1(h)(part), 1960: prior code § 6233).

No person whose license or permit has been revoked or suspended pursuant to Chapters 5.04 through 5.16 shall engage in or carry on any business, or do any act permitted to be done pursuant to such license or permit during the period of suspension, or after revocation thereof, until a new license or permit has been granted.

(Ord. 91 § 1(h)(part), 1960: prior code § 6234).

A. All license fees shall be paid in advance to the city clerk in lawful money of the United States. The amount to be paid shall be determined by the city clerk in accordance with the terms and provisions of Chapters 5.04 through 5.16. In case of dispute, the decision of the city manager as to the amount to be paid pursuant to the provisions of Chapters 5.04 through 5.16 shall be final.

B. Whenever any license fee is measured in whole or in part by gross receipts, it shall be computed upon the gross receipts of the preceding calendar year. If the business was in operation within the city during only a portion of the preceding year, the gross receipts shall be computed for the entire year at the same rate as the actual gross receipts are computed for the portion of the year during which the business was in operation. For the first year of operation of a business within the city, the gross receipts shall be estimated and the license fee computed and paid thereon, by apportioning the gross receipts so estimated and computing the license fee payable for only the remainder of the year, and adjustment shall be made by refund or additional payment based upon the actual gross receipts during said calendar year within thirty days after the close of the calendar year during which the business commences operation. A certified true statement of gross receipts during each month shall be filed with the city clerk within thirty days after the close of such month.

(Ord. 141 § 1, 1964; Ord. 91 § 1(h)(part), 1960: prior code § 6214).

(Ord. No. 767, § 6, 3-22-23)

Except as otherwise provided for in Chapters 5.04 through 5.16, licenses required under Chapters 5.04 through 5.16 shall be due and payable at the following times:

A. Annual license, first day of July of each year;

B. Semiannual license, on the first day of July and the first day of January of each year;

C. Quarterly license, on the first day of July, first day of October, first day of January, first day of April of each year;

D. Monthly license, on the first day of each and every month;

E. Weekly license, on the first day of the first week that business is commenced and every subsequent week thereafter, in advance;

F. Daily license, in advance, on each day;

G. License for new business, within ten days from the first day the business begins operating.

(Ord. 141 § 2, 1964; Ord. 98 § 1(a), 1961: prior code § 6215).

In cases where a portion of the license period or term has lapsed prior to application for a license, the amount of the fee payable shall be apportioned on a quarterly basis and applicant shall pay three-fourths, two-fourths or one-fourth, as the case may be, of the total license fee, but in no case less than five dollars.

(Ord. 91 § 1(h)(part), 1960: prior code § 6220).

A. If a monthly, quarterly, semiannual, or annual license mentioned or provided for in this Chapter remains unpaid at the close of the month in which the license is due and payable, a penalty of ten percent of the amount of such license shall be added and an additional five percent shall be added each thirty days thereafter until the license and penalties are paid, and the penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced.

B. If any daily license remains unpaid at the close of twenty-four hours after the same becomes due and payable, a penalty of ten percent of the amount of such license shall be added and the penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced.

C. If any weekly license remains unpaid at the close of forty-eight hours after the same becomes due and payable, a penalty of ten percent of the amount of such license shall be added and the penalty shall be collected and payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced.

D. No greater or less amount of money shall be charged or received from any license than is provided in Chapters 5.04 through 5.16, and no license shall be sold or issued for any period of time other than provided in Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6205).

If a license is denied or an application therefor withdrawn, the city clerk may retain ten dollars of such license fee to partially defray the cost of investigation and processing by the city.

(Ord. 91 § 1(h)(part), 1960: prior code § 6236).

Any notice required to be given under Chapters 5.04 through 5.16 may be given either by personal delivery thereof to the licensee or permittee by personal delivery thereof to any employee of such licensee or permittee at his place of business mentioned in the license or permit, providing such licensee or permittee is absent from the place of business, or by depositing in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified in the license, or in other public records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(Ord. 91 § 1(h)(part), 1960: prior code § 6230).

Proof of giving any notice provided in Chapters 5.04 through 5.16 may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6231).

The city council shall orally or in the manner provided for in Section 5.04.320 for giving notice, notify the licensee or permittee of any finding, suspension, revocation, or reinstatement made by it, or any conditions attached thereto.

(Ord. 91 § 1(h)(part), 1960: prior code § 6232).

The provisions of Chapters 5.04 through 5.16 shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business or require the payment of any license of any institution or organization so conducted, managed or carried on fully for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any person; nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose in the city; nor shall any license be required for the conducting of any recreation, entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objectives for which such organization or association was formed and from which profit is not derived either directly or indirectly by any person, or whenever any such entertainment, dance, concert, exhibition or lecture is limited to the members of any such organization or association, including their respective spouses. The provisions of Chapters 5.04 through 5.16 shall not be deemed or construed to require the payment of a license by any religious, charitable, fraternal, educational or military organization or association conducting casual sales, concerts, dances, entertainment, exhibitions or lectures or other activities for fund-raising purposes and where the funds so derived are retained strictly for charitable, religious, educational, fraternal or military purposes and do not go to the benefit or use or profit of any person; provided, however, that nothing contained in this section shall be deemed to exempt any such organization or association in complying with the provisions of Chapters 5.04 through 5.16, requiring such institution or organization to obtain a permit from the city council or proper officer to conduct, manage or carry on any business.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(a)).

Nothing contained in Chapters 5.04 through 5.16 shall be deemed as applying to any person managing or carrying on or engaging in any business exempt from taxation by municipal corporations by Article 13, Section 14, of the Constitution of the state, the laws of the state, and the Constitution of the United States.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(b)).

Every honorably discharged or honorably relieved soldier, sailor or marine of the United States, who served in any Indian war, the Spanish American War, any Philippine insurrection, the Chinese Relief Expedition, World War I, World War II, or the Korean conflict, who is physically unable to obtain a livelihood by manual labor and who is a registered voter of the state, may distribute circulars and hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license fees or tax whatsoever, and shall be granted an exempt license by the city clerk upon filing with the city clerk the proper application and evidence of eligibility approved by the city clerk.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(c)).

No blind person who is certified as blind by the Bureau of Vocational Rehabilitation, Department of Education, State of California, and engaged in retail sales, wholesale merchandising or manufacturing, shall be required to pay any fee for the license required in Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(d)).

A. Any civic organizations, junior chamber of commerce, chambers of commerce, parent teacher association, veterans group, church group, fraternal organization and other civic, religious or charitable group entitled to exemption and not coming under any part of Chapters 5.04 through 5.16 requiring a license shall be entitled to an honorary license upon application to the city clerk and payment of a fee of one dollar.

B. This section is not intended to be a mandatory requirement for those organizations set forth in subsection A of this section.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(e)).

Any person otherwise coming within the definitions of Section 5.04.010, who does not have a fixed place of business within the city and who is called into the city or called upon to perform a service or act within the city of an emergency nature in order to protect the health, life, property or rights of someone within the city, shall be exempt from the provisions of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(f)).

A. Every person claiming to be entitled to exemption from the payment of any license provided for in Chapters 5.04 through 5.16 upon the ground that such license casts a burden upon his rights to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the city clerk, disclosing the interstate or other character of his business entitling such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods to be delivered, the name from which the same are to be shipped or forwarded, the method of solicitation or taking order, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit for the information of the city clerk.

B. If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a free license. In case of dispute, the decision of the city manager is final.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(g)).

(Ord. No. 767, § 7, 3-22-23)

Every person claiming to be entitled to an exemption from payment of any license fee provided for in Chapters 5.04 through 5.16, upon the ground that such license fee is exempt under state law, shall file a verified statement with the city clerk disclosing the character of the business entitling such exemption. The statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that the person, organization or firm comes within the exemption of state law. Additional information shall be supplied to the city clerk or city manager upon request in order to ascertain whether or not the claimant meets the exemption of the state law. In case of dispute, the decision of the city manager shall be final.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(h)).

(Ord. No. 767, § 8, 3-22-23)

When any person is engaged in any business licensed under the provisions of Chapters 5.04 through 5.16 and as an incident to this business accepts secondhand goods as part payment on any new merchandise, such person shall not be required to obtain a license as a secondhand dealer for the doing of such acts and shall not be considered as dealing in secondhand merchandise, but shall be required to comply with Section 5.04.440.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(i)).

No license or fee under Chapters 5.04 through 5.16 shall be required for the operation of any motor vehicle or equipment along the streets of the city if such operation is merely occasional and incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending within the city upon an average of more than once a week in any quarter, and a business shall be deemed to be conducted within the city if an office or agency is maintained here or transportation business if solicited here.

(Ord. 91 § 1 (h)(part), 1960: prior code § 6225(k)).

The provisions of Chapters 5.04 through 5.16 shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business not requiring the payment of any license or any business granted a franchise by the city council.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(m)).

A. Whenever the city clerk issues any license granting any exemption provided for in Sections 5.04.350 through 5.04.450, the person to whom such license is issued shall endorse thereon his signature in ink in the presence of the city clerk or his deputy, and no such license shall be transferable.

B. Any such exempt license shall be issued by the city clerk, or his deputy, only for the minimum license period of any such business, and may be renewed for the same period under the same conditions and in the same manner as originally obtained.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(j)).

At any time that it appears to the satisfaction of the council that none of the conditions specified in Sections 5.04.360 through 5.04.460 as meriting exemption from license requirements exists as to any person to whom any such exemption has been allowed, the council may revoke such exemption and the exempt license issued thereunder.

(Ord. 91 § 1(h)(part), 1960: prior code § 6225(1)).

It shall be the duty of the city clerk and/or his authorized deputy or law enforcement agency or contractual representative of the city to enforce each and all of the provisions of Chapters 5.04 through 5.16 including those requiring the payment of any license fee. In addition, the city clerk shall be responsible for the issuance of permits and licenses provided for in Chapters 5.04 through 5.16 and/or for the proper processing as required in Chapters 5.04 through 5.16 of all applications for licenses and/or permits. The sheriff and district attorney of the county, pursuant to contractual arrangement between the city and the county, may render such assistance in the enforcement of Chapters 5.04 through 5.16 as may be arranged by the said agencies and the city. The city attorney shall advise the city clerk and said agencies on the legal effect and application of any provisions of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6210).

A. The city clerk, or his authorized deputy, or the license enforcement agency as defined in Section 5.04.480, shall examine all places of business in the city to ascertain whether or not the provisions of Chapters 5.04 through 5.16 have been complied with. The officer and each and all of his deputies and duly authorized employees shall have the power and authority to enter free of charge and at any reasonable time any place of business required to be licensed by the provisions of Chapters 5.04 through 5.16, and to demand an exhibition of such license.

B. Any person having any such license heretofore or hereafter issued in his possession or under his control who fails to exhibit the same on demand shall be guilty of a violation of Chapters 5.04 through 5.16.

C. It shall be the duty of the city clerk, his deputies or the contractual law enforcement agencies of the city to cause a complaint to be filed against any and all persons found to be violators of any provisions of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6211).

The conviction and/or imprisonment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license fee to conduct such business, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of Chapters 5.04 through 5.16. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the prosecution of violations of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6212).

Deputy license enforcement officers shall be directly responsible to the city clerk and under his control and direction, and shall be appointed and hired by the city manager subject to the approval of the city council if and when needed on a full- time or part-time basis. The sheriff of the county and his deputies, pursuant to contractual arrangements between the city and the county, may act as deputy license enforcement officers. The city clerk and the deputy license enforcement officers, hereinafter sometimes referred to as "his deputy," shall have the power to examine all places of business and persons in their respective territories liable to pay a license, and to see that such licenses are taken out.

(Ord. 91 § 1(h)(part), 1960: prior code § 6213).

No person charged with the enforcement of any of the provisions of Chapters 5.04 through 5.16 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 Chapters 5.04 through 5.16. Notwithstanding the foregoing, the city clerk, in the exercise of discretionary powers, may, within the limits and terms of the provisions of Chapters 5.04 through 5.16, set the amount of the license fee to be paid, based upon the facts before him pursuant to application and/or investigation and in accordance with the terms and provisions of Chapters 5.04 through 5.16.

(Ord. 91 § 1(h)(part), 1960: prior code § 6217).