Los Banos Municipal Code Art. 2 Application and Renewal Procedures

(a) It shall be the sole responsibility of every person required to obtain a business license to file an application with the City on an approved form and pay all applicable licensing fees, unless otherwise exempt. The application must include a detailed, specific description of all activities to be conducted and/or services or goods to be provided at the business. An application for a new business license shall be filed prior to the date the applicant intends to begin transacting business in the City. If the application is filed after the date the applicant has already begun transacting business in the City or after the expiration of the 30 day renewal period the applicant shall be subject to a penalty of 50% of the application fee and may also be subject to other penalties and enforcement authorized by this chapter for operating without a valid and unexpired business license.

(b) If the applicant is not the owner of the premises where the proposed business will be conducted, the applicant, if required by the Director, shall submit a copy of a lease, rental agreement or other documentation that establishes the applicant has the property owner's authorization to conduct such business.

(c) The Director may request such other additional information and/or documentation as deemed necessary to determine whether the proposed business operations and premises comply with applicable local, State or Federal laws.

(d) Upon submittal of a complete application and payment of all applicable licensing fees, the business license application shall be reviewed by the Director and may be reviewed by any City department or any governmental agency deemed necessary by the Director, to determine if the business operations and premises to be occupied meet the requirements of Federal, State, or local laws. The Director may also refer to any governmental agency any information submitted by persons subject to the provisions of this chapter in connection with the conduct of a business regulated, or supervised, or otherwise the concern of any such agency, including agencies concerned with health regulations, zoning conformance, fire safety, police considerations or any other safeguard of the public interest. City personnel may investigate and inspect the premises of the business for the purpose of assuring that the premises comply with all applicable local and State laws.

(e) The Director shall make a determination to approve, conditionally approve or deny the license within a reasonable period of time after submittal of a complete application, payment of all applicable fees, and completion of any required inspections.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) Every person desiring to continue in business after the expiration of their business license period shall pay the required renewal fee prior to the date of expiration of their current license. In the case of a business activity having a fixed location, application for a license for a different location is not a renewal and shall be deemed a new license application and subject to the provisions of Section 11-1.201.

(b) Renewal fees shall be subject to a 50% late penalty if paid within 30 days after the expiration of the current license ("grace period"). If the business continues to operate beyond the 30 day grace period, the business shall be required to submit a new business license application as set forth in Section 11-1.201 and shall be required to pay the new license application fee and the 50% late penalty and may also be subject to other penalties and enforcement authorized by this chapter for operating without a valid and unexpired business license.

(c) As part of the renewal process and prior to the issuance of a renewed license the Director may: (1) request that the licensee update the licensee's application; (2) request from the licensee such other additional information and/or documentation as deemed necessary to determine whether the business operations and premises comply with applicable local, State or Federal laws; and/or (3) request that City personnel investigate and inspect the premises of the business for the purpose of assuring that the premises comply with all applicable local and State laws.

(d) The Director shall make a determination to approve, conditionally approve or deny the renewal license within a reasonable period of time after submittal of the required renewal fees including any late penalties, and, if required, the submittal of a completed updated application and completion of any required inspections.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) The Director may impose conditions on a new or renewal license as are necessary to ensure public safety and prevent the business from disturbing the peace and tranquility of the neighborhood in which it is located or if he or she determines that the business may have or is having an adverse impact on neighboring properties or the community at large and/or may require or is requiring a greater use of City law enforcement and other resources than other businesses, whether due to its location, type of business or other reasons, and further determines that such conditions are reasonably necessary to mitigate those impacts. The conditions may include, but are not limited to, the following:

(1) Limitations upon hours or days of operation, when required in order to prevent disturbance of the peace and quiet of a neighborhood caused by the business or the patrons of the business;

(2) Requirement that the business provide licensed or other qualified security personnel for the exterior or interior of the business during operating hours;

(3) Requirement that the business fund any additional law enforcement services required as a result of the operation of the business;

(4) The installation of on-site improvements required to prevent operation of the business from disturbing its neighbors at a particular location; or

(5) Other conditions related to operations or improvements demonstrated under the particular circumstances to be necessary in order to prevent hazards; disturbance of the peace, quiet or safety of the neighborhood; or other nuisance.

(b) Such conditions may be imposed at the time a business license is initially issued, upon renewal of the license, or at any time during the term of the license.

(c) The Director may eliminate or modify a condition previously placed on a license upon receipt of written request by the business owner if, after investigation, the Director makes the determination that the reason for the original imposition of a condition has been corrected or no longer exists.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) The Director shall provide written notice of conditions imposed on the business license to the applicant or holder.

(b) Conditions imposed at the issuance of an initial business license become effective immediately upon issuance. The holder of the business license is entitled to appeal the conditions within the time and manner prescribed; however, the business license shall not be effective until the appeal is finally determined.

(c) Conditions imposed at the time of renewal or during the term of the business license become effective 14 days following issuance; however, if an appeal is filed within the time and in the manner prescribed, the conditions shall not become effective until the appeal is finally determined.

(§ 1, Ord. 1163, eff. May 4, 2018)