Los Banos Municipal Code Art. 3 Business License Issuance

(a) Upon the approval of a business license as set forth in this chapter, the Director shall issue a business license to the applicant within five business days of said approval.

(b) Annual Licenses. Annual business licenses shall be for a term of 12 months commencing on the operative date of a new business license or business license renewal. The operative date for a new annual business license shall be the date of issuance of the business license, except where an interim license is issued the operative date shall be the date of the issuance of the interim license. The operative date for a business license renewal shall be the date following the date of expiration of the previous year's business license.

(c) Interim Licenses. A person may begin operation of business activities upon issuance of an interim license. An interim license may be used to operate the business until such time as an annual or short-term business license is processed and issued. An interim license will be issued only upon payment of all required fees. The interim business license is valid only until the decision is made to issue or deny an annual or short-term business license or for three months, whichever is shorter. The issuance of an interim license in no way constitutes a promise or guarantee that an annual or short-term business license will be issued. The applicant must cease operation immediately if the annual or short-term business license is denied.

(d) Temporary Licenses. Temporary licenses are licenses issued for a period of three days or less. Temporary licenses may only be issued for vendors, peddlers and solicitors, promoters, or persons or businesses that are operating in connection with a single event for a period of three days or less. Temporary licenses shall be required for each separate location and event. The fees for the specific temporary licenses shall be set by resolution of the City Council. No more than six temporary licenses shall be issued per 12 month period to the same licensee. The operative dates for the temporary license shall be stated on the license.

(e) Short-Term Licenses. Short-term licenses are licenses issued for a period of either three or six months. Short-term licenses may be issued to businesses engaged in business in the City for a limited period of time. The fees for the specific short-term licenses shall be set by resolution of the City Council. No more than one short-term license shall be issued per 12 month period to the same licensee. The operative date for a short-term license shall be the date of issuance of the business license, except where an interim license is issued the operative date shall be the date of the issuance of the interim license.

(§ 1, Ord. 1163, eff. May 4, 2018)

Each business license issued shall contain:

(a) The name and mailing address of the person to whom the license is issued;

(b) The name of business;

(c) The address of the business;

(d) The issuance and expiration dates of the license;

(e) Telephone number of business;

(f) Exact nature of business (business code);

(g) Such other information as deemed necessary by the Director; and

(h) If applicable, conditions of approval shall be attached to the business license.

(§ 1, Ord. 1163, eff. May 4, 2018)

All business licenses issued pursuant to the provisions of this chapter shall be posted and kept in the following manner:

(a) Any persons transacting and carrying on business at a fixed location in the City shall keep such business license posted in a conspicuous place upon the premises where such business is carried on.

(b) Any persons transacting and carrying on business, but not operating at a fixed location in the City, shall keep such business license upon them at all times while transacting and carrying on such business.

(§ 1, Ord. 1163, eff. May 4, 2018)

(a) A separate business license shall be obtained for each branch establishment of the business transacted and carried on. A separate business license is required for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby in the manner designated in such license; provided, however, warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this section shall not be deemed to be separate places of business or branch establishments.

(b) A separate license shall be obtained for each trade name used in the conduct of any business within the limits of the City.

(§ 1, Ord. 1163, eff. May 4, 2018)

All commercial, industrial, and miscellaneous buildings within the City which are going to a house a business requiring a City business license shall have a certificate of occupancy issued by the Building Department before a license to operate such business may be issued. Any existing buildings which are structurally altered to house a business requiring a City business license shall also have a certificate of occupancy issued by the Building Department before a license to operate such business may be issued.

(§ 1, Ord. 1163, eff. May 4, 2018)

No license shall be issued under the provisions of this chapter until the applicant has complied with all of the provisions of the Building Code, the Fire Prevention Code, applicable municipal code provisions, including zoning provisions, and, when applicable, the rules and regulations of State and/or Federal provisions and the Police Department and Health Department.

(§ 1, Ord. 1163, eff. May 4, 2018)

A duplicate license may be issued by the Director to replace any business license previously issued under the provisions of this chapter which has been lost or destroyed. This duplicate business license may be issued by the Director upon receipt of a written statement by the business owner indicating the need for the duplicate license and by paying a duplicate license fee.

(§ 1, Ord. 1163, eff. May 4, 2018)

The assignment of or attempt to assign any business license issued pursuant to this chapter is unlawful and any such assignment or attempt to assign a license shall render the license null and void. Business licenses are non-transferable.

(§ 1, Ord. 1163, eff. May 4, 2018)

A business license issued pursuant to this chapter does not authorize, permit or allow the license holder to do any act or conduct any business of any kind which is otherwise prohibited by City policies, regulations or ordinances; or any State or Federal statute, law, rule, order or regulation.

(§ 1, Ord. 1163, eff. May 4, 2018)

The City shall withhold a business license to engage in business from any person when there are pending violations of any City Code against such person and/or business applying for a business license, or when a debt is owed to the City as a result of a violation of this Code.

(§ 1, Ord. 1163, eff. May 4, 2018)