Mendota Municipal Code Art. I General Provisions

For purposes of this title, the following terms shall have the following meanings:

"Business" means trades, callings, professions, and occupations of every kind whether or not carried on for profit.

"Motorized itinerant vendor" means a person, other than a sidewalk vendor, engaged in the business of selling food, goods, wares, merchandise, or any other thing of value from a motorized unit.

"Person" or "party" means a firm, corporation, partnership, club, association, or other entity conducting or carrying on a business in the city.

"Sale" means the transfer, in any manner or by any means, of title to real or personal property for consideration, including a transaction whereby the possession of property is transferred and the seller retains legal title as security for payment of the purchase price.

"Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.010)

(Ord. No. 09-08, § 3, 4-14-2009; Ord. No. 19-05, § 5, 5-28-2019; Ord. No. 23-03, § 2, 9-12-2023)

The fees prescribed by this title are for revenue purposes and are not regulatory permit fees. The payment of fees required by this title and the issuance of a license by the city shall not entitle the holder thereof to carry on any business in the city unless the licensee has complied with all requirements of this title and all other applicable provisions of this code. No person may carry on any business in any building or on any premises if such building or premises are situated in a zone or locality in which the conduct of such business is in violation of this code. Nothing in this title shall be construed to authorize any act prohibited by state, federal or local laws, ordinances or regulations.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.020)

A. No new license shall be issued without written verification from the fire department that a fire inspection has been conducted and that all requirements have been met, or that no inspection is required.

B. For uses involving the sale of food and/or beverages, or for any other use listed in Fresno County Code Section 8.50.050, no new license shall be issued without written verification from the Fresno County Public Health Department that a health inspection has been conducted and that all requirements have been met, or that no inspection is required.

C. For uses involving the sale of alcohol, no license shall be issued without written verification from the California Department of Alcoholic Beverage Control (ABC) that the applicant is in possession of the appropriate classification of ABC-issued retail or wholesale license.

D. No license shall be issued for any use until such time as the applicant provides evidence of compliance with Chapter 13.24 of this code, related to installation, testing, and monitoring of backflow preventers.

(Ord. No. 09-12, § 1, 9-22-2009; Ord. No. 10-02, § 1, 2-23-2010)

Editor's note— Ord. No. 10-02, § 1, adopted Feb. 23, 2010, changed the title of § 5.04.025 from "Regulatory agency compliance" to "Regulatory compliance."

No person, whether as principal, agent or employee for any other person, may conduct any business in the city without a license as required by this title. An expired license is the equivalent of no license.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.030)

Conducting business within the city limits of the City of Mendota without a business license as required by this title shall result in a license penalty in the amount of two hundred fifty dollars ($250.00). This license penalty assessment shall constitute a debt to the city and may be enforced either administratively as an infraction (as defined in this code) or in a civil action in a court of competent jurisdiction.

(Ord. No. 09-12, § 2, 9-22-2009)

Persons engaged in or conducting more than one business at the same location shall procure one business license. The license shall specify the several businesses for which the license is issued. When more than one business is conducted from a single location and such businesses are operated by or for separate owners, each business shall have its own separate license. Persons conducting business(es) at two or more separate locations shall have a business license for each location in the city.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.040)

A. Persons conducting or carrying on business(es) without a license shall be liable for the fees imposed by this title. All unpaid fees, including penalties and interest thereon, shall be a debt owed to the city.

B. The city manager is authorized to file suit in the name of the city to collect unpaid fees imposed by this title.

C. The conviction and punishment of a person for conducting a business without a license shall not excuse such person from payment of the fees due and unpaid under this title. Amended during 1995 codification; Ord. 91-05 § 1(part), 1991: prior code § 4.01.050)

A. Persons may apply for a license by completing an application on forms prescribed by the finance department and paying the applicable license fee listed in this chapter or contained in the relevant portions of this Code.

B. Upon the payment of the license fees, the city shall issue a license in such form as the finance department may prescribe. The license shall continue in full force and effect until:

1. The licensee fails to make payments as required by this Code;

2. The license is revoked by the city for violation of any of the provisions of this Code;

3. The business changes its address;

4. The business is discontinued;

5. The business ownership changes; or

6. The date of expiration of the license.

C. A licensee with no permanent business address, such as a sidewalk vendor, shall be issued a license showing the expiration date.

D. No license issued under this title may be transferred or assigned, nor shall it authorize any person, other than the person therein named, to conduct business in the city.

E. A mistake by the finance director in calculating the amount of the license fees shall not prevent or prejudice collection of the correct amount due from the licensee.

F. No license shall be issued to the holder of a delinquent license until all fees and penalties have been paid in full.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.060)

(Ord. No. 19-05, § 6, 5-28-2019; Ord. No. 23-03, § 3, 9-12-2023)

Except as otherwise provided, license fees shall be assessed on an annual basis and shall be due and payable on July 1st annually, or the first business day thereafter, at the office of the finance director.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.070)

Except as otherwise provided, the fees imposed under this title shall be prorated to exclude payment for any expired full month of the license period for which a license was not required.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.080)

Every licensee carrying on a business at a fixed place of business shall keep the license posted and exhibited in a conspicuous place on the premises. Every licensee not having a fixed place of business shall carry such license with them at all times while carrying on the business. Every licensee shall produce and exhibit the license whenever requested to do so by a police officer, person authorized to issue or inspect licenses, or a person authorized to collect license fees for the city.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.090)

(Ord. No. 23-03, § 4, 9-12-2023)

License inspectors may enter free of charge, at any time, any place of business for which a license is required by this title in order to inspect the license.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.100)

A. If an application for a license contains incorrect information which results in incorrect fees, the city shall be entitled to collect the proper fees or refund any excess amounts collected.

B. No statements in the license application shall be conclusive upon the city as to the matters set forth.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.110)

Confidential statements and information provided by a licensee pursuant to this title shall not be subject to public inspection.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.120)

A. Delinquency Penalty. One calendar month after the date license fees are payable, the city clerk shall add a delinquency penalty in the amount of ten (10) percent of the unpaid license classification fee.

B. Interest on Deficiencies. In addition to any penalty or penalties imposed, interest at the rate of one percent per month, or fraction thereof, shall be paid on the amount of the fees, exclusive of penalties, from the date the fees are due until the date of payment.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.130)

Whenever a fee has been paid to the city by mistake, the fee shall be refunded upon written demand. No refund shall be approved more than three years after the fee was paid to the city.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.140)

A person may appeal the amount or imposition of any fee. Appeals shall be in writing to the city council, and shall state all reasons for the appeal. The appeal shall be filed within thirty (30) days after the date when the fee was imposed. The council shall consider the appeal at a regularly scheduled council meeting. The council's decision shall be final.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.150)

It is the intention of the city council that the provisions of this chapter apply to all businesses now in existence and/or operating in the city and also to all businesses which may hereafter commence to operate in the city over which the city may exercise proper jurisdiction for business licensing purposes. A person shall be deemed to have commenced the operation of a business and to be liable for the payment of business license fees by the conduct of any business activities in the city.

(Ord. 91-05 § 1(part), 1991: prior code § 4.01.160)