Los Alamitos Municipal Code § 5.04.290 Enforcement authority

A. License Collector. The city clerk, or his designee, shall be the license collector. It shall be the duty of the license collector to issue a business license to every person required to pay a business license tax under this chapter; to investigate the applicant's trade, calling, profession, occupation or business and to determine the class to which it belongs. No business license shall be knowingly issued for any trade, calling, profession, occupation or business which is prohibited by this chapter or any other ordinance of the city. The license collector shall not issue a business license for any trade, calling, profession, occupation or business until receiving the approval, if required, of the departments, or city council to which the application may have been referred, indicating clearance on such matters as, but not limited to, zoning regulations, building and fire codes, certificate of occupancy, food handling permit and such other matters requiring compliance with applicable regulations and ordinances. The license collector shall have the power, for a good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued; and shall have the power to compromise any claim up to the amount of license tax due. The license collector may make rules and regulations consistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions of this chapter.

B. Report of Collections. The license collector shall cause periodic collection reports to be made to the city clerk, indicating the amount of business licenses taxes collected under the provisions of this chapter. The report shall set forth the amount of business license taxes collected and attributed to the activities of the license inspector by citation and personal contract.

C. License Inspector. The city clerk shall appoint a license inspector who shall be a deputy under the direction of the city clerk.

D. Duties and Powers. The license collector and all police officers of the city are appointed as license inspectors and are authorized to investigate all places of business and all persons engaged in or carrying on any business in the city, and shall have and exercise the following powers and duties:

1. To enter free of charge, at a reasonable time, any place of business for which a business license is required under the provisions of this chapter, to require exhibition of such license for the current term, by any person in charge of such place of business, and if such person shall then and there fail to exhibit such license upon demand, then the person carrying on or engaging in such business shall be liable to the penalty provided for the violation of any of the provisions of this chapter;

2. To cause the arrest of person violating the provisions of this chapter;

3. To cause citations or complaints to be issued against all persons violating any of the provisions of this chapter.

E. License Inspector—Additional Power. The license inspector, in the discharge and performance of his duties under this chapter, shall have and exercise the power to inspect the current payroll records of any person when such information is necessary to determine whether any employees are working for wages or may be performing contracting or subcontracting work. Such persons shall be able to furnish conclusive proof that they are receiving a specific wage, that proper federal income tax, Social Security and unemployment deductions are being withheld from their wages, and that they are not engaged unlawfully in contracting or subcontracting work without a city business license.

(Ord. 354 § 11, 1977)

Any person who shall commence, transact, engage or carry on any trade, calling, profession, occupation or business within the city without first having procured a business license from the city to do so, shall be assessed a penalty of ten percent of the license fee for each month that such license fee has not been paid to a maximum of doubling the original license fee. In the event that such license is to be issued for a period shorter than one year, such as, daily, weekly or monthly, then such ten-percent penalty shall be assessed for each such period during which the license should have been in effect.

(Ord. 354 § 5, 1977)

The amount of any business license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the city and any person carrying on any business without having first procured a business license from the city to do so shall be subject to an action in the name of the city in any court of competent jurisdiction for the amount of business license tax and penalties imposed on such business.

(Ord. 354 § 8, 1977)

Violation of the provisions of this chapter shall constitute a misdemeanor, and upon conviction, shall be punishable by a fine not to exceed $1,000 or imprisonment in the county jail for a period not to exceed six months. The criminal prosecution of any person for engaging in any business without first obtaining a business license to conduct such business shall not relieve such person from paying the business license tax to conduct such business, nor shall the payment of any business license tax prevent a criminal prosecution for the violation of any of the provisions of chapter. All remedies prescribed under this chapter 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 provisions of this chapter.

(Ord. 354 § 9, 1977)

No business license for any succeeding, current or unexpired license period shall knowingly be issued to any person who, at the time of making applications for any business license, is indebted to the city for any unpaid balance.

(Ord. 354 § 10, 1977)

A. Delinquency. There shall be added, to all business license taxes becoming delinquent as provided in this chapter, a penalty of ten percent, or a sum of $5, whichever is greater, on the first day of each calendar month after the due date thereof; provided, that the amount thereby added shall in no event exceed 100% of the business license tax due during any single year.

B. License Void Thirty Days after Becoming Delinquent. The current business license shall become void 30 days after becoming delinquent and no business license shall be issued by the license collector until the delinquent license tax, and the penalties added thereto have been paid in full.

(Ord. 354 § 17, 1977)

A. Violation of Building Codes. When a business violates building codes, the licensee's business license may be suspended by the license collector for not more than five days based upon a recommendation from the building department. The license may be suspended for a longer period of time upon the conclusion of hearing conducted before the city manager.

B. Other Revocations. Upon written statement by the city manager filed with the city council alleging that a business license is being used in contravention of the city code, a city ordinance, or any federal or state law, the city council shall fix a date for a hearing of the statement. The city council shall cause written notice of the time and place of the hearing to be served on the person to whom the license has been issued, or to the manager or any other person named on the license. Service of this notice shall be accomplished by either serving such person personally at least ten days before the hearing or by depositing it in the United States Post Office, Los Alamitos, California. The postage shall be prepaid and the notice shall be sent by either certified or registered mail addressed to such person and address as it appears on the license at least ten days before the hearing date. The licensee shall be given an opportunity to be heard and to present evidence on his behalf.

If after such hearing the city council finds that the licensee is operating the subject business in:

1. Contravention of the city code, this chapter or state or federal law; or

2. That the business has become dangerous to or adversely affects the public health, safety of welfare; or

3. That the business has been conducted in such a disorderly manner that the peace of the surrounding area is being unreasonably disturbed; or

4. That any person operating a business within the city is unfit to operate same; or

5. That the purpose for which the license has been issued is being abused to the detriment of the public; or

6. That license is being used for a purpose not stated in the license application;

(Ord. 354 § 19, 1977)

Any person who shall deem him or herself aggrieved by any decision of the license collector or license inspector, regarding the issuance or refusal to issue a license under this chapter, or suspension of such license by the city building official may appeal to the city council by filing notice of appeal with the city clerk. The city council shall thereupon fix a time and a place for hearing such appeal. The city clerk shall give notice to such person of the time and place of hearing by serving it upon him personally or by depositing it in the United States Post Office at Los Alamitos, California, postage prepaid, addressed to such person at the address stated in the application. Such notice shall be served or deposited in the mail at least ten days prior to the hearing. At such hearing the applicant shall be given an opportunity to be heard and to present evidence on his behalf. At the conclusion of the hearing, or any continuation thereof, the city council shall make written findings and conclusions setting forth the basis for its discretion.

(Ord. 354 § 20, 1977)