Monrovia Municipal Code Ch. 5.08 Licensing Procedure

No person shall engage in or conduct any business in the city without first paying the business license tax for such business, in the amounts set forth in this chapter, and obtaining the license therefor, except as expressly provided in Chapter 5.04.

(A) No person shall conduct any business in the city without having a license from the city to do so, valid and in effect at the time, and without complying with any and all regulations pertaining to such business as contained in this code. No person who is an employee or who is the direct representative of a licensee shall be required to obtain such license or pay such tax for the doing of any part of work in the business of such licensee.

(B) Every person who operates any business, whether upon a cost, rental or commission basis, as a concession or upon rented floor space in or upon the premises of any person licensed under this chapter shall be required to obtain a separate license pursuant to the appropriate provisions of this chapter.

(`83 Code, § 5.08.010)

Separate licenses shall be obtained for each branch or separate place of business which is a part of any business licensed, or required to be licensed, under this chapter; provided, that only one tax shall be imposed upon such business, but a $5 filing and processing fee shall be paid to the city by such persons for each such separate license.

(`83 Code, § 5.08.020)

In the event any person is conducting, managing or carrying on, at one location, more than one business required to be licensed under this chapter, which is classified in one or more categories under this chapter, such person shall obtain a separate license for such business and shall pay a tax equal to the highest of the taxes imposed thereon.

(`83 Code, § 5.08.030)

No license issued pursuant to this chapter shall be transferable. Where a license is issued to a person at a particular place, such license may, upon application therefor, and payment of a filing and processing fee in the sum of $5, be amended so as to authorize the transacting and carrying on of such business under said license at a different location. A new license shall be obtained, and the tax required therefor shall be paid where an existing licensed business is sold or transferred.

(`83 Code, § 5.08.040)

Where a business license has heretofore been issued to any person by the city and the tax paid therefor under the provisions of any ordinance heretofore enacted and the term of such license has not expired as of the effective date of this chapter, being June 6,1978, a new license for said business shall not be required until the expiration of the term of such unexpired license.

(`83 Code, § 5.08.050)

A duplicate license shall be issued by the License Collector to replace any license previously issued under this chapter which has been lost or destroyed upon the licensee filing an affidavit attesting to such fact and the payment of a filing and processing fee in the sum of $5.

(`83 Code, § 5.08.060)

All licenses shall be kept by the licensee conspicuously posted and located on the premises utilized by the licensee. Any licensee transacting and carrying on business, but not operating at a fixed place of business in the city, shall keep the license upon his person at all times while transacting and carrying on such business. Any licensee to whom a license has been issued by the License Collector, in addition to the license certificate, shall obtain a paper or metal license device, as prescribed by the City Manager. Said device shall at all times during the effective dates thereof be affixed to the vehicle in a location designated by the City Manager. A fee of $2 per device shall be paid in addition to the tax required under this chapter.

(`83 Code, § 5.08.070)

Every person required to have a license under the provisions of this chapter shall make an application therefor, in a form prescribed by the City Manager, to the License Collector of the city. The application shall contain an affirmation by the applicant that the business will not be an illegal or unlawful business or practice, and that it will not furnish or provide any service, good, or product that is illegal or prohibited under the laws of the United States, the laws of the State of California, the federal and state constitutions, this code, or any other applicable law, ordinance, rule or regulation.

Upon the payment of the prescribed tax therefor, the License Collector shall issue to such person a license, which shall contain:

(A) The name of the person to whom the license is issued;

(B) The business licensed;

(C) The place where such business is to be transacted and carried on;

(D) The date of the expiration of such license;

(E) Such other information as may be deemed necessary.

(`83 Code, § 5.08.080) (Ord. 2008-07 § 4, 2008)

The amount of business license taxes to be paid to the city by any person engaged in any business in the city shall be as established by resolution of the City Council using criteria set forth in Chapter 5.12.

(`83 Code, § 5.08.090) (Ord. 93-21 § 3, 1993)

(A) In all cases where the account of business license tax to be paid by any person is based upon the amount of gross receipts, as set forth in this chapter, such person shall, before obtaining a license, submit to the License Collector or his or her guidance, a written statement, a certified copy of state or federal income tax statement of earnings prepared by a certified public accountant showing the total amount of gross receipts, or other facts upon which the License Collector may determine the license tax under the provisions of this chapter, as applied to the particular business involved. Such statement shall be so filed within ten days of the commencement of such business, or within five days after written notice to do so, given to such person by the License Collector.

(B) All statements filed pursuant to the provisions of this section shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the License Collector to preserve and keep such statements so that the contents thereof may not become known to any unauthorized person. The filing of a false statement under this chapter shall be deemed to be a violation of this code.

(C) Such statements shall not be conclusive upon the city or upon any officer thereof as to the matters set forth therein, and the same shall not prejudice the rights of the city to recover any amount that might be ascertained to be actually due from such person. The correctness of all such statements shall be subject to verification by the License Collector of the city, who is hereby authorized and empowered to inspect and audit the books and records of any and all persons licensed to carry on any business in this city for which a tax is imposed.

(D) If any person fails to file any required statement or application within the prescribed time, the License Collector shall assess the maximum license tax prescribed for the business carried on by such person. If such tax is based upon gross receipts, the tax which shall be imposed for the purposes of this section shall be the maximum amount plus property provided for in this chapter. The License Collector shall give the person conducting such business written notice of the determination made pursuant to this chapter, which determination shall be final and conclusive, unless within ten days after the mailing of such notice, such person files with the License Collector a written statement showing good cause, i.e. GOOD CAUSE, for the purpose of this section, shall mean mistake, inadvertence, surprise or excusable neglect, resulting in a failure to timely file such statement. If good cause is shown, the License Collector shall permit the late filing of such statement.

(`83 Code, § 5.08.100)

Annual licenses shall date from the day of issue thereof and shall be in effect for a period of one year thereafter.

(`83 Code, § 5.08.110)

All annual license taxes imposed under this chapter shall be due and payable in lawful money of the United States, in advance, not later than the anniversary of the date of issuance of such license.

(`83 Code, § 5.08.120)

(A) Except as otherwise provided in this chapter, license tax fees other than annual, required under this chapter, shall not be prorated and shall be due and payable in advance in lawful money of the United States as follows:

(1) Quarterly license fees on the first day of January, April, July and October of each year;

(2) Monthly license fees on the first day of each and every calendar month;

(3) Weekly license fees on Monday of each week;

(4) Daily license fees each day in advance.

(B) No license shall be issued or authorized for any period of time other than those provided in this chapter.

(`83 Code, § 5.08.130)

(A) Concurrently with the issuance of a license for a mechanical amusement device and/or vending machine, the License Collector shall issue and furnish an identification card or device, as prescribed by the City Manager, for each such machine so licensed. Such identification card or device shall be and remain attached to said device or machine at all times. Such identification cards or devices shall be issued by the License Collector for new or replacement machines upon the payment of a filing and processing fee of $2 each. Such identification devices shall be valid so long as a license allowing such business is in full force and effect.

(B) Each person owning or operating either mechanical amusement devices or vending machines shall file with the License Collector a complete list of all such machines or devices owned by him or under his control and operated within the city, including the kind of machine or device, its serial number, the location where each machine or device is to be operated, and such other information as the license collector deems necessary, upon a form to be provided by the License Collector. The owner or person in control of the business establishment wherein the machine or device is located shall be responsible for the full amount of the business license tax required under this chapter if the owner of the machine or device has not paid the license tax due and payable thereon.

(`83 Code, § 5.08.140)

(A) The License Collector shall seal the coin opening or slots in a manner which will render inoperative the coin-operating device upon any vending machine or any mechanical amusement device which is available to the public for operation, and to which no city identification card or device is attached as required by this code.

(B) A filing and processing fee in the amount of $10 shall be paid to the license collector by the owner or operator of any such vending machine or mechanical amusement device so sealed for the removal of any such seal. No person shall operate or permit the operation of any machine so sealed without first submitting evidence to the license collector that a valid business license is in effect and that the filing and processing fee has been paid. It shall be unlawful for any person other than the license collector to break or remove any such seal.

(`83 Code, § 5.08.150)

(A) In addition to such other licenses and permits required by this code, any retail dealer of pistols, revolvers and other firearms capable of being concealed upon the person shall obtain a license under this section.

(B) The Chief of Police shall be the licensing authority of the city for purposes of this section.

(C) The Chief of Police may grant licenses permitting the licensee to sell within the city pistols, revolvers, and other firearms capable of being concealed upon the person. If the license is granted it shall be in the form prescribed by the Attorney General, or if no such form exists, in the form prescribed by the Chief of Police. The license shall be effective for not more than one year from the date of issue, and shall be subject to the provisions of Cal. Penal Code § 12071, as now codified or later amended, or any successor statute of like subject matter. License applications shall be in the form prescribed by the Chief of Police.

(D) In determining whether to issue such license, the Chief of Police may conduct a physical inspection of the sales premises and a personal background check of the applicant. Fingerprinting of the applicant may be required prior to the issuance of the license. The factors to be considered in determining if a license should be issued are security of the sales premises, criminal history of the applicant, reputation of the applicant for honesty and integrity, and the number of local dealers presently in operation.

(`83 Code, § 5.08.160) (Ord. 84-26 § 1, 1984)