Lakeport Municipal Code § 5.04.010 Definitions

A. For the purpose of this chapter, words used in this chapter in the singular include the plural and the masculine includes the feminine. The word "persons," whenever used in this chapter, applies to and includes firm, corporation or association of persons, and is also deemed to refer to those who travel about with goods, wares or merchandise which they sell, or who solicit and/or deliver at the same time, or who deliver and distribute goods for others.

B.

A "contractor,"

within the meaning of this chapter, is defined as a person, firm or corporation who, for a fixed sum or other compensation except wages, undertakes with another for the construction, alteration, repair, addition to, or improvement of any building, structure, project, development or part thereof, other than personal property, and the term "contractor," as used in this. chapter, includes subcontractor, but does not include any owner constructing a building by day labor for his own use. Any person holding a state license and registered with the Director of the Department of Professional and Vocational Standards of the state shall be considered a "contractor" under the terms of this chapter.

C. For the purpose of this chapter, a "peddler," is defined to be and include every person not having a regular established place of business in the city, who travels from place to place, or has a stand upon a public street, alley or other public place, doorway or any unoccupied room or building, who sells, or offers for sale, any goods, wares or merchandise in his possession and any such peddler shall pay a license tax of twenty dollars per day.

(Ord. 365 §§ 1, 13, 19, 1959)

It is unlawful for any person, whether as principal, or agent, or owner, or employee, to commence, engage in, transact or carry on, within the corporate limits of the city, any business, trade, calling, profession or occupation specified in this chapter, without first procuring a license to do so as provided in this chapter.

(Ord. 365 § 2(part), 1959)

The city council may approve or reject any applications for a license and may revoke any license that may be granted provided that such applicant or licensee is not subject to regulations of the state or the federal government, upon a showing that the business conducted thereunder is being carried on in violation of the Constitution or laws of the state, or any ordinance of the county, or of the city; provided, however, that no license shall be revoked except upon written complaint and after a hearing by the city council at a regular meeting, of which the licensee shall have had two weeks' notice in writing.

(Ord. 365 § 2(part), 1959)

When a complaint has been filed, the city clerk shall prepare a notice of the time and place of the hearing of said complaint and shall personally serve the licensee or cause the licensee to be personally served with the notice and copy of the complaint, and if unable to make personal service, shall mail the same by registered or certified mail addressed to the licensee at the place of business of the licensee as set forth in the license, with return signature card, which card shall serve as evidence that service was made.

(Ord. 365 § 2(part), 1959)

No license shall authorize any person, firm or corporation, other than the one named in the license, his agents or employees, acting on behalf of the licensee, to transact or carry on such business or calling, nor shall any business or calling be conducted under any one classification other than the one or more named in such license.

(Ord. 365 § 9, 1959)

A. It shall be the duty of the city clerk to prepare and issue a license to every person whose application has been approved by him, and his fee therefor paid, the license to show the fee charged therefor, period of time covered thereby, the name of the person to whom issued, the business, trade, calling, profession or occupation licensed, and the location where same is to be carried on, together with the number of automobiles, trucks, or other delivery vehicles to be used in the business. If the applicant does not have a fixed place of business and carries on his business from an automobile, truck or other vehicle, the license shall state the make of such vehicle, the engine number and license number thereof.

B. In case of every business which vehicles are used, the city clerk shall also issue to the licensee a tag for each vehicle used in the business, which must be displayed in the cab of the vehicle so that any officer may readily see the same.

C. If any license or license tag is lost or misplaced, the licensee may apply for a duplicate to the city clerk, and upon payment of one dollar, the city clerk shall issue a duplicate license or tag.

(Ord. 365 § 3(part), 1959)

A. Every person having a license under the provisions of this chapter and carrying on a trade, calling, profession or occupation at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of said place of business.

B. Every person having such a license and not having a fixed place of business, but who carries on his business from any truck, auto or other vehicle, shall carry such license with him at all times while carrying on the trade, calling, profession or occupation for which the same was granted and shall also place the truck tag in a conspicuous place in the cab of such vehicle so that the traffic officer can readily see the same.

C. Every person having a license under the provisions of this chapter shall produce and exhibit the same whenever requested to do so by any police officer, or by any officer authorized to issue, inspect or collect licenses.

(Ord. 365 § 7, 1959)

A. The chief of police is appointed as inspector and ex officio license collector and shall pay over all moneys collected by him to the city clerk. In addition to his several duties, as chief of police, he is required to examine all places of business and persons liable to pay a license, and to see that such licenses are taken out, and shall have and exercise the power:

1. To make arrests for the violation of any provision of this chapter;

2. To enter free of charge at any time, any place of business for which a license is required by this chapter and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business, and if such person then and there fails to exhibit such license, such person shall be liable for the penalty provided for a violation of this chapter.

B. It is made the duty of the chief of police to cause complaints to be filed against all persons violating any of the provisions of this chapter.

C. Such chief of police as such inspector of licenses shall make out once a month a list of persons, firms or corporations carrying on business within the municipality and having no license, with their addresses, and deliver such list to the city clerk and also report to the city clerk the names of all such persons doing business without a license immediately upon the fact coming to his knowledge.

D. Any chief of police failing or neglecting for more than thirty days to report any person, firm or corporation who or which is engaged in carrying on business within the city without first having paid the required license shall be guilty of neglect of duty and be either suspended from duty or dismissed from office, in the discretion of the city council.

(Ord. 365 S3(part), 1959)

A. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than three hundred dollars or by imprisonment in the county jail for a period of not more than three months, or by both such fine and imprisonment.

B. Every person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided by this chapter.

(Ord. 365 § 24, 1959)