Kern County Municipal Code Ch. 5.04 Business Licenses Generally

It is unlawful for any person to maintain, conduct, operate or carry on within the unincorporated area of the county any business or occupation for which a license is required by this title unless such person has a valid license for such business.

(Prior code § 6000)

Licenses shall be required to operate or maintain the following businesses, or to pursue the following occupations:

A. Loose vehicle parts dealer. "Loose vehicle parts dealer," as used in this chapter, means any person who handles or deals in used loose vehicle parts and accessories as an incident to his regular business or whose principal business consists of buying and selling used loose vehicle parts and accessories;

B. Carnival;

C. Circus;

D. Fortuneteller, clairvoyant, palm reader, spiritualist, medium or other prognosticator for a fee, donation or other consideration;

E. Itinerant peddler. "Itinerant peddler" means any person other than a secondhand oil well supply dealer, an automobile sales agency or a street vendor as defined in subsection (O) of this section, not having a fixed place of business in the county, who continuously goes about from house to house or place to place without establishing or setting up a stand or other apparatus which fixes a place from which the business is conducted for more than one (1) hour, and who gathers, receives, collects, buys, sells, disposes of, or otherwise deals in new or used articles, goods, wares or merchandise of any type or description;

F. Locksmith;

G. Weapons dealer as defined in and insofar as required by Penal Code Sections 12070 and 12071 as they now read or as they may be amended;

H. Taxicab service;

I. Shooting galleries, doll racks, or games of skill;

J. Swap meets, as defined in Section 21661 of the Business and Professions Code (graffiti prevention regulation: Section 5.04.270);

K. Reserved for future use;

L. Taxicab driver;

M. Commercial photographers without fixed place of business as defined in Section 5.24.010 of this code;

N. Temporary business. A "temporary business" means a retail business operated primarily from a fixed place of business set up with the intent or plan not to conduct such business in the same general area of the county for more than ninety (90) days. A business is a prima facie temporary business if the business premises is a motel or hotel room;

O. Street vendor. "Street vendor" as used in this chapter, means any person other than a secondhand oil well supply dealer, an automobile sales agency or an itinerant peddler as defined in subsection (E) of this section, not having a fixed place of business in the county, who goes about from place to place establishing or setting up at each a stand or other apparatus which fixes a location from which the business is conducted for more than one (1) hour, and who gathers, receives, collects, buys, sells, disposes of, or otherwise deals in new or used articles, goods, wares or merchandise of any type or description.

P. Massage establishment. "Massage establishment" means a fixed place of business where any person engages in, conducts or carries on a business providing massage or related services. In order to obtain a business license, a massage establishment must have first obtained a "massage establishment permit" in accordance with Chapter 8.70 of this code.

(Ord. G-6674 § 2, 2000; Ord. G-6569 § 2, 1999; Ord. G-6509 § 2, 1998; Ord. G-6439 § 2, 1997; Ord. G-6275 § 2, 1996; Ord. G-6239 § 4, 1995: Ord. 6219 § 2, 1995: Ord. G-5837 §§ 11, 23, 1992; Ord. G-4706 § 2, 1988: prior code § 6000.1 (part))

(Ord. No. G-7859, § 3, 4-28-09; Ord. No. G-8730, § 3, 8-22-17)

A. Any persons or occupations made exempt by the provisions of Chapter 2 of Part I of Division 7 (comprising Sections 16100 through 16104) of the Business and Professions Code, as they now read or as they may be amended, shall be exempt from the requirements of this chapter to the extent therein provided.

B. Taxicab services and drivers which possess a valid current license from any city in the county shall be exempt from the provisions of this chapter.

C. Businesses, including nonprofit users, operating a business on local, state or federal property, when said operation is conducted with the written consent or the statutory authority and regulation of the governmental entity that owns or controls the property where the business is being conducted, shall be exempt from the provisions of this chapter.

(Ord. G-7382 § 2, 2006; Ord. G-6674 § 3, 2000; Ord. G-5837 §§ 12, 24, 1992: Ord. G-4706 § 3, 1988: prior code § 6000.2)

The following words and phrases, as used in this chapter, shall have the following meanings:

A. "Applicant" means the individual, partnership, association or corporation that will operate and conduct a business for which a license is required pursuant to the provisions of this chapter.

B. "Association" means every club, syndicate, joint venture and every other group of individuals who are united together for some common purpose but are not organized as a partnership or a corporation.

C. "Business" means the operation or carrying on of any activity, whether for profit or gratuitously, for which a license is required by this chapter.

D. "Business premises" means office, building, location or place in which or from which the business is conducted or carried on.

E. "Conviction" has the meaning set forth in Business and Professions Code Section 480(a)(1) as it now reads or as it may be amended.

F. "Fixed place of business," as used in this chapter and in Section 5.48.010 means a structure which was or should have been constructed on a permanent foundation pursuant to and in accordance with a building permit issued by the county and from which the business for which the license is applied is conducted regularly.

G. "Investigating officers" means the county officers, department heads and their duly authorized representatives, who are designated in this chapter as the persons who shall conduct an investigation of the applicant or his business premises.

H. "Licensee" means the individual, partnership, association or corporation to whom the license has been issued pursuant to the provisions of this chapter.

I. "Nonprofit user" shall mean any governmental entity, or a club, association, corporation or group, which is exempt from income taxation pursuant to Section 501(a) of the Internal Revenue Code of 1986, as amended, or corresponding provisions of the California Revenue and Taxation Code.

1. If the net proceeds and/or benefits from the sales of goods or services will serve solely charitable or community purposes, the entity or group in question shall be considered a "nonprofit user," irrespective of its status otherwise.

2. "Community purposes" shall mean any recreational, athletic, or educational activities or other fund raising activities that benefit the community, which are available to all persons on an equal basis, and no part of the earnings from which inure to the benefit of any private person, group, corporation or partnership or for a political purpose which would cause an exempt organization to lose its exemption from taxation under federal or state laws. The determination whether an applicant's proposed activity, goods or services are for "community purposes" shall be made by the sheriff, subject to the appeal provisions of this chapter.

(Ord. G-7382 § 4, 2006; Ord. G-4706 § 4 (part), 1988: prior code §§ 6000.1 (part), 6001)*

* Editor's Note: Ordinance G-4706 contained two sections numbered "4." The other Section 4 is codified at Section 5.04.060.

A. The application for a license shall be made in the name of the applicant. If an individual will operate and conduct a business as the sole proprietor, he shall file the application. If the business will be operated and conducted by a partnership, association or corporation, the application shall be filed, on behalf of the applicant, by one of the partners, an officer of the association, or by an officer or managing employee of the corporation; The application for a license shall be filed with the sheriff on an application form furnished by the sheriff, which shall require the following information:

1. The name and address of the applicant;

2. If the business will be operated and conducted by a partnership, the names and addresses of all partners shall be listed. If the business will be operated and conducted by an association, the names and addresses of all members of the association shall be listed; provided, however, that if there are more than ten (10) members of the association, only the names and addresses of all the officers of the association shall be listed. If the business will be operated and conducted by a corporation, the names and addresses of all the officers of the corporation and the name and address of the managing employee shall be listed;

3. The address, legal description or other sufficiently identifying description of the business premises or the place or places the business is to be conducted;

4. The name and address of the person who shall serve as the authorized agent of the applicant and of the licensee if a license is issued for the purpose of receiving any notice to be given pursuant to this chapter;

5. All pertinent details concerning every felony of which the applicant, the managing employee, and the persons referred to in subsection (A)(2) of this section have been charged and convicted at any time, and every misdemeanor of which they have been convicted within the previous five (5) years;

6. The name and address of the person who is to manage the business to be engaged in;

7. The written permission of the owner or person in legal possession of any property on which the business is to be conducted if the owner or person in legal possession of the property is other than the applicant;

8. A general description of the types of goods to be dealt in; if new, the identity of the supplier; and whether they are new, used, secondhand, or scrap or salvaged;

9. A copy of the sales tax permit if required by Revenue and Taxation Code Section 6066;

10. Any additional information that is required under the pertinent sections of this title, relating to the particular license for which the application is made; and

11. Such additional information as may be required by the sheriff and by the investigating officer to facilitate any required investigation.

B. The person filing the application shall sign a statement under penalty of perjury that the facts stated in the application are true and correct and that all information required has been set forth in the application. The sheriff shall forward a copy of the application to each of the investigating officers.

C. Application forms for a secondhand dealer's license shall be in the form provided by the Department of Justice as required by the Business and Professions Code.

D. No application for any license under this title to sell any type of "tangible personal property" as defined in Revenue and Taxation Code Section 6016, including, but not limited to, any substance sold for human consumption, shall be approved by any county department until the county department verifies that the permit required by Revenue and Taxation Code Section 6066 has been issued to the applicant.

(Ord. G-6408 § 2, 1997; Ord. G-5428 § 2, 1990: Ord. G-4706 § 4 (part), 1988; prior code § 6002)*

* Editor's Note: Ordinance G-4706 contained two sections numbered "4." The other Section 4 is codified at Section 5.04.060.

The sheriff may require the applicant, the managing employee and any of the persons referred to in subsection (A)(2) of Section 5.04.040 of this chapter to be fingerprinted and photographed by the sheriff. The sheriff may also require employees, agents and representatives of any kind of itinerant peddlers, street vendors and food peddlers licensed under this code who are listed on the license and operate under the authority of the license to be fingerprinted and/or photographed and to be subject to a background investigation in accordance with the provisions of this chapter.

(Ord. G-6822 § 2, 2001: Prior code § 6003)

A. The sheriff shall investigate the background of the applicant, the managing employee and the person referred to in subsection (A)(2) of Section 5.04.040 of this chapter as applicable, and shall determine if such person is subject to disqualification under the standards set forth in Business and Professions Code Sections 480 and 493 and subdivision (c) of Business and Professions Code Section 475 as each now reads or as each may be amended and, if so, shall provide a report articulating all facts in support of such finding. Except as provided for in subsection (C) of Section 5.04.140 of this chapter, the sheriff shall either approve or disapprove the application and shall not make his approval conditional. In addition to the other requirements of this section, respecting secondhand dealers, the sheriff shall follow the dictates of Business and Professions Code Section 21641 as it reads as of the effective date of the ordinance codified in this section, or as it may be amended.

B. In accordance with subdivision (b) of Penal Code Section 11105 and subdivision (b) of Penal Code Section 13300, in all cases where state or local summary criminal history information is gathered under Penal Code Sections 11105(b)(10) and 13300(b)(10), the provisions of Business and Professions Code Sections 481, 482 and 486 as they now read as of the effective date of the ordinance codified in this section, and as they may be amended, shall be followed.

(Ord. G-5428 § 3, 1990: Ord. G-4706 § 4, 1988: prior code § 6004)*

* Editor's Note: Ordinance G-4706 contained two sections numbered "4." The other Section 4 is codified at Sections 5.04.030 and 5.04.040.

No license for any of the businesses specified in this title shall be issued until it is determined that the appropriate zoning ordinance and regulations and the provisions of the Uniform Fire Code have been or will be complied with. It shall be the duty of the director of planning and community development, the county health officer, and the fire marshal to conduct the appropriate investigation, and for that purpose said persons and departmental employees are "investigating officers" as that term is used in this title. To assure compliance with the applicable ordinances, rules, and regulations, such investigating officers may attach conditions to their respective approvals and may conduct follow-up investigations to assure compliance and to determine that the conditions are being observed.

(Prior code § 6005)

(Ord. No. G-8035, § 16, 4-20-10)

By filing an application, the applicant, the managing employee and the persons referred to in subsection (A)(2) of Section 5.04.040 shall be deemed to have waived any and all objections to, and to have thereby authorized: (1) any and all investigations concerning their criminal records, business history, past employment, property ownership, financial qualifications which the investigating officers may deem necessary and which are substantially related to the carrying out in a lawful manner the business or occupation for which the license is applied; and (2) the reproduction, publication, circulation and other use of information gained from or about them which the investigating officers may deem necessary in conducting their investigation and which is substantially related to the carrying out in a lawful manner, the business or occupation for which the license is applied. The application form shall contain a statement of the provisions of this section which shall be signed by the applicant.

(Ord. G-4706 § 5 (part), 1988: prior code § 6006)

A. The investigating officers shall prepare and retain for five (5) years a written report of the findings which they have made as a result of the investigations required in this chapter. Each investigating officer shall forward only his recommendation to the sheriff. If the investigating officers conclude that the license shall be issued without conditions, the sheriff shall thereupon issue the license in accordance with Section 5.04.140 of this chapter. If the investigating officers determine that no license shall be issued or renewed or that conditions should be attached to such license, the sheriff shall, by regular United States mail, postage prepaid, inform the applicant of the decision of the investigating officers; such notice shall be effective for all purposes three (3) days after deposit in the United States mail.

B. Except as provided in Section 5.04.060 of this chapter, no investigator shall recommend denial of a license or renewal or issuance of a license with conditions unless such denial or condition imposed is based upon a written report containing articulated facts which show that the applicant failed to meet the requirements for a license under the standards set forth in this chapter or the business or occupation, either because of the manner or place it is to be conducted or carried out, would be detrimental to an appreciable degree to the health, safety or general welfare of citizens in proximity to or coming in contact with the business.

(Ord. G-5428 § 4, 1990: Ord. G-4706 § 5 (part), 1988: prior code § 6007)

Any license required under this chapter shall be issued subject to any reasonable conditions that may be required by the investigating officers in order to ensure the protection of the public health, safety and welfare. The sheriff shall set forth any such conditions upon the face of the license. The imposition of such conditions is subject to review by the board of supervisors as provided in this chapter.

(Ord. G-5428 § 5, 1990: prior code § 6008)

The action of the investigating officers in denying or refusing to renew the business license or imposing conditions shall be subject to appeal to the board of supervisors. Notice of such appeal shall be filed with the clerk of the board of supervisors within twenty (20) days after the sheriff notifies the applicant of the actions of the investigating officers. Upon failure to file such notice within the twenty (20) day period, the action of the investigating officers denying such license or imposing conditions shall be final and conclusive. In the event such appeal is filed, the board of supervisors shall, within thirty (30) days after actual receipt of the notice of appeal, hold a public hearing to determine whether the actions of the investigating officers were justified. The hearing may be continued from time to time as the board of supervisors determines. The applicant or his agent shall be present at said hearing or shall be deemed to have withdrawn the appeal. The investigating officer or his duly authorized representative shall be present at said hearing. The applicant and the investigating officer shall present such evidence as the board of supervisors deems reasonable and relevant to determine whether the license should be issued and, if so, the conditions shall be attached to the issuance of such license. There shall be a presumption affecting the burden of proof that the investigating officers have regularly performed their duties and the provisions of Business and Professions Code Section 493 as it now reads or as it may be amended shall apply.

(Ord. G-5428 § 6, 1990: prior code § 6009)

A. The notice of appeal shall be written and, if sent by United States mail, shall be sent registered mail, postage prepaid, and shall contain the following:

1. The name and address of the person filing the appeal;

2. The name and address of the person to whom the notice of hearing is to be sent;

3. The name of the investigating officer whose action is being appealed;

4. A statement in concise terms setting forth the basis of the appeal;

5. A statement that the person filing the appeal, or his agent, has discussed the actions of the enforcing officer with such officer.

B. Upon receipt of the notice of appeal, the clerk of the board shall set a time and place of hearing as determined by policy of the board of supervisors; forward a copy of the notice of appeal together with the clerk's notice of time and place of hearing to the appellant and each affected investigating officer and file the original of the notice of appeal, together with the clerk's notice of hearing, with the board of supervisors at their next regular meeting.

(Ord. G-5428 § 7, 1990: prior code § 6010)

A. Each license, except a license to be a concealed weapons dealer, shall contain the following information:

1. The nature of the business which is licensed;

2. Name and address of the licensee;

3. The address(es) of the business premises, if at a fixed location, and, if not, a description, with as much specificity as may be practical, of the area(s) or place(s) in or from which the business is to be conducted;

4. The dates of issuance and expiration of the license;

5. The amount of the license fee;

6. The conditions, if any, to which the license is subject;

7. A statement that the license is subject to investigation, suspension, cancellation or revocation by the board of supervisors as provided for in this chapter.

B. Licenses for concealed weapons dealers shall be in the form prescribed by the Attorney General in accordance with Penal Code Section 12071.

C. To avoid unnecessary delay, all licenses shall be issued as soon as practically possible. When necessary for the benefit of the applicant, a license may be issued which provides that it is conditioned upon receipt by the sheriff of a satisfactory report from the State Department of Justice. If in any such case such a report is unsatisfactory under the standards set forth in Section 5.04.060 of this chapter, the license shall be deemed denied, and shall be repossessed by the sheriff forthwith. Pursuant to the provisions of Business and Professions Code Section 21641, no license for a secondhand dealer shall be issued before thirty (30) days after the application is submitted to the State Department of Justice.

D. The license shall also include a list of all employees, agents and representatives of any kind of itinerant peddlers, street vendors and food peddlers licensed under this code who operate under the authority of the license. The licensee shall, within five (5) business days of a change, inform the sheriff's vice-licensing unit of the name of any new employee, agent or representative that will be acting under the authority of the license and of the name of any employee, agent or representative that has ceased to act under the authority of the license. The sheriff shall modify the license accordingly.

(Ord. G-6822 § 3, 2001; Ord. G-4706 § 6, 1988: prior code § 6011)

A license shall not be issued under the provisions of this chapter until the license fee, in the amount prescribed in this chapter relating to the license for which the application has been filed, has been paid to the tax collector.

(Prior code § 6012)

A. The fees for the various licenses issued pursuant to this chapter, each of which is an application processing and enforcement fee, are as set out in Table 5.04.160.

B. In the event any license or renewal is for any reason not issued, the sheriff shall refund the portion of the fee allocated to pay for post-issuance or renewal enforcement. The sheriff's department shall implement this provision.

(Ord. G-6674 § 6, 2000; Ord. G-6569 § 4, 1999; Ord. G-6439 § 4, 1997; Ord. G-6239 § 5, 1995: Ord. G-5837 § 13, 1992; Ord. G-5703 § 2, 1991; Ord. 5428 § 8, 1990: Ord. G-4920 § 2, 1989: Ord. G-4706 § 7, 1988: prior code § 6013)

Table 5.04.160 Business License Fees

(Ord. G-7859, § 4, 4-28-09; Ord. No. G-8730, § 4, 8-22-17)

The annual fees for 1971 or any business validly licensed in 1970 under any ordinance of the county shall be the same as the annual renewal fee shown in Section 5.04.160.

(Prior code § 6013.1)

Any unpaid license for any amount which shall be by virtue of this chapter payable by any person shall be recoverable in a civil action brought by the county for such purpose.

(Prior code § 6014)

Applications for annual renewals shall be as provided in this chapter. The form of such renewal applications shall be generally the same as the form of initial application and shall be designated "Renewal Application for Business License," and all of the information required on an initial application shall be supplied in each renewal application, either on such renewal application or, in the event the information to be supplied is the same as that contained in a prior application, by making specific reference to such prior application and stating "no change" where applicable. The sheriff shall forward a copy of the renewal application to each investigating officer, who shall make such investigation, determination, and recommendations as such officer deems reasonable under the circumstances in accordance with the standards set forth in this chapter.

(Ord. G-5428 § 9, 1990: Ord. G-4706 § 8, 1988: prior code § 6015)

All licenses and renewals issued pursuant to this chapter shall terminate on one (1) year after the date of issuance. Renewal applications with the required fee may be filed within sixty (60) days prior to the expiration of the license. The renewal fee shall be the amount shown in Section 5.04.160.

(Ord. G-5703 § 3, 1991: prior code § 6016)

All licenses issued under this chapter shall be subject to investigation, suspension, cancellation and revocation.

(Prior code § 6017)

The board of supervisors, at any time on their own motion, and upon the filing of a complaint in writing, shall cause an investigation to be made of any business for which a license has been issued in accordance with the provisions of this chapter, and shall fix a time for the hearing of all matters in connection therewith, and shall give twenty (20) days notice in writing of such hearing to the person, firm, association, club or corporation against whom such complaint has been made, and such public notice as the board of supervisors deems appropriate of the time and place of the hearing. If charges have been filed pursuant to this section, a copy of the charges shall be served on the licensee with the notice of hearing.

(Prior code § 6018)

A. If it should appear at such hearing to the board that the person, firm, association, club or corporation to whom any license has been issued under this chapter, or any of their agents, clerks, servants, employees, members, officers or representatives in any way connected with conducting or carrying on the business for which a license has been issued, has been conducting or carrying on such business in such manner as to be appreciably detrimental to the health, safety or general welfare of the public or in violation of any state or local law or regulation applicable thereto, or if it is determined that a nuisance has been created either by dust, noise, litter, excessive road or pedestrian traffic, or other reason, or if it is determined that the license should not have been issued or would not be issued at the time of the hearing under the standards set forth in this chapter, or if it is determined that conditions should have been attached to the license, or if the holder of such license wilfully fails or refuses to appear and answer all pertinent questions of the board or any member thereof, in relation to how the business has been carried on or conducted, the board of supervisors may attach conditions or suspend, cancel or revoke the business license. The provisions of Sections 490 and 493 of the Business and Professions Code as they now read, or as they may be amended, shall also be applicable.

B. In addition to any grounds set forth in subsection (A) of this section, a license issued to a concealed weapons dealer may be canceled, suspended, revoked or conditioned on any ground set forth in Penal Code Section 12071 as it reads as of the effective date of the ordinance codified in this section, or as it may be amended, the text of which is incorporated in this section by reference.

C. In accordance with subdivision (b) of Penal Code Section 11105 and subdivision (b) of Penal Code Section 13300, in all cases where state or local summary criminal-history information has been gathered under Penal Code Sections 11105(b)(10) and 13300(b)(10) in connection with proceedings to suspend or revoke any license issued under this chapter, the provisions of Business and Professions Code Sections 481 and 491 as they read as of the effective date of the ordinance codified in this section, and as they may be amended, shall be followed.

(Ord. G-5428 § 10, 1990: Ord. G-4706 § 9, 1988: prior code § 6019)

If such license is canceled or revoked, no other license under this chapter shall be granted or issued to such person, firm, association, club or corporation within one (1) year. If such license be suspended, the period of suspension shall be for such time as the board may direct. It shall be unlawful for any person, firm, club, association or corporation to conduct or have any interest in such business after the date of such suspension or revocation without having again procured a license.

(Prior code § 6020)

Licensees shall post, display and carry any license issued under this title as follows:

A. If there is a fixed place(s) of business, the license shall be prominently posted at such location(s) and a copy thereof shall be displayed in any vehicle used in connection with such business.

B. If the business licensed is conducted only from a vehicle or vehicles, the license or a copy thereof shall be prominently displayed from each such vehicle.

C. If the business is not conducted from a fixed place of business or a vehicle, the license shall be carried by the licensee at all times while business is being conducted under the license and shall be displayed to any person on request.

D. No license shall be posted, displayed or carried after its expiration date.

(Ord. G-6408 § 3, 1997: prior code § 6021)

No licensee issued a license under this chapter to conduct a swap meet shall conduct or continue to conduct a swap meet unless the following conditions are met:

A. No aerosol paint container or marker pen with a tip exceeding six (6) millimeters in width and containing anything other than a solution which can be removed with water after it dries shall be sold or exhibited on the premises at which and during the time which a swap meet is being conducted, unless any such aerosol container or marker pen is accessible only with the assistance of the person selling or exhibiting the item or an agent of such person.

B. All persons in any way authorized by the licensee to offer anything for sale or exchange at a swap meet shall comply with the provisions of Section 9.30.050 of this code.

C. Violation of this section shall be grounds for the sheriff to temporarily suspend the license issued under this chapter until the requirements of this section are met.

(Ord. G-1629 § 3, 1995)

No county department shall issue any license under this title until the department has determined that all other state and local licenses or permits that may be required for the business to be licensed have been applied for and approved by the appropriate public agency.

(Ord. G-6408 § 4, 1997)

Unless a different amount is specifically provided for in this title, the minimum fine for the first violation of Section 5.04.010 shall be three hundred percent (300%) of the fee for issuance of the license as provided for in this title. The maximum fine and the fines and penalties for subsequent violations of Section 5.04.010 shall be as set forth in Section 21645 of the Business and Professions Code as it now reads or as amended.

(Ord. G-6408 § 5, 1997)