Los Banos Municipal Code Art. 1 General Provisions

The purpose of this chapter is to provide a regulatory mechanism for the reasonable regulation of lawful businesses doing business within the City in the interest of the public health, safety and welfare of the people of the City. The primary focus of the City's business license regulations is to provide reasonable assurance that businesses operating in the City are doing so in compliance with city, State, Federal, or otherwise applicable codes, rules, regulations or laws; to maintain an accurate record or database of businesses conducting business in the City for statistical purposes; to identify all businesses operating in the City; to enhance the efficiency of business retention efforts; to protect the public; to prevent disturbances of neighborhoods; to prevent the creation of nuisances; to assist in zoning, building, and fire code compliance; and to otherwise protect the health, safety and welfare of the people of the City. The business license program is not designed to raise revenue, nor is it a substitute for land use regulations.

(§ 1, Ord. 1163, eff. May 4, 2018)

The terms used in this chapter have the meaning set forth below:

"Business"

shall mean and include professions, trades, vocations, the rental or lease of multi-family residential with four or more units, enterprises, establishments and occupations, or other activity, for gain, profit, compensation, or livelihood, including, but not limited to, providing goods or services, whether or not the business has a fixed place of business in the City.

"Director"

shall mean the Community and Economic Development Director or any other person the City Manager may designate to administer the business license program.

"Engaged in business"

shall mean the commencing, conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities.

"Person"

shall mean and include any business owner, individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, business trust, club, society, or any other entity or group or combination acting as a unit, other than as an employee.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) No person shall engage in, operate or conduct a business within the City, unless under and by the authority of a valid, unexpired and unrevoked business license issued pursuant to this chapter. Nothing herein shall signify any approval by the City of the qualifications of the holder of the business license to engage in their business nor shall it signify that such holder of the business license has obtained all other required licenses or approvals to engage in such business.

(b) A separate business license shall be obtained for each business location or branch of a business within the City and for each separate business operating at the same location. Only one business license, issued to the sponsoring person or entity, is required for temporary activities where multiple businesses participate, for example, farmers markets, flea markets, craft fairs, and antique shows.

(c) A business license shall not be issued to a business that requires State licensing for the business owner, or for each technician or employee, until satisfactory proof of training or licensing is provided to the City. These businesses include, without limitation, attorneys, certified public accountants, insurance brokers and agents, contractors, physicians, real estate brokers and agents, barbers, cosmetologists, massage therapists, estheticians and manicurists.

(d) Independent contractors shall each obtain a business license without regard to whether they are operating separately or together with other independent contractors at the same location.

(e) When a person by use of signs, circulars, cards, telephone book, newspapers, internet advertising, including, but not limited to, social media, or other form of advertisements, holds out, or represents that such person is engaged in or conducting business in the City, or when a person holds an active license or permit issued by a government agency indicating that such person is in business in the City, then these facts shall be considered prima facie evidence that such person is engaged in conducting a business in the City for purposes of this chapter.

(f) If State or Federal law exempts a business from obtaining a business license, said business shall provide satisfactory proof that the business is exempt from the City's business license requirement.

(g) The Director shall have the authority and discretion to waive the requirement of obtaining a business license for minors under the age of 18 years of age; or community based service clubs and religious, educational, or charitable organizations.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) Every person engaging in business in the City shall pay a business license fee as prescribed by resolution adopted by the City Council as amended from time to time. To the extent the City Council determines to be practical, such fees may vary depending on the type of business for the sole purpose of apportioning relative regulatory costs to parties regulated. The business license fee is not a revenue-raising device, but shall bear a reasonable relationship to the costs incurred by the City in reviewing, processing and acting upon the application and administering this chapter.

(b) When a business license fee is imposed upon any business pursuant to this chapter and such business is conducted at one or more fixed places of business and one or more branch establishments, the fee shall be computed as if each fixed place of business and branch establishment is separate and independent.

(§ 1, Ord. 1163, eff. May 4, 2018)

A person determined to be engaged or operating a business without a valid unexpired business license, when one is required, shall be subject to a late fee penalty of 50% of the applicable business license fee.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) Any business that is exempt from paying fees under the United States Constitution, the California Constitution, or under the laws of the State of California, is required to obtain a business license but shall be exempt from paying the business license fee. However, said business shall be required to pay any applicable State-imposed fees.

(b) Any business of any charitable or non-profit institution, corporation, or association organized or conducted for non-profit purposes only and having non-profit tax exempt status under State or Federal law, when the receipts derived are to be used for the benefit of such organization and not for the private gain of any person is required to obtain a business license but shall be exempt from paying the business license fee. However, said business shall be required to pay any applicable State-imposed fees.

(c) Any person claiming an exemption pursuant to this section shall file a sworn statement with the Director stating the facts upon which the exemption is claimed and shall furnish such information and verification as requested by the Director. The Director shall make a determination on the claim for an exemption within a reasonable time.

(§ 1, Ord. 1163, eff. May 4, 2018)