Montclair Municipal Code Art. IV Enforcement

Any person engaging in business at a fixed place of business in the City shall keep a business license posted in a conspicuous place upon the premises where the business is carried on. Any person engaging in business, but not operating at a fixed place of business in the City, shall be in possession of a business license at all times while on such business in the City.

(Prior code § 3-1.401)

A. Authority to Enforce. The collector shall have the authority to enforce each of the provisions of this chapter. The police department and other departments of the City shall render assistance in the enforcement of this chapter as may, from time to time, be necessary. The collector shall have the authority to cause a complaint to be filed against any and all persons found to be violating any of the provisions of this chapter.

B. Entry to Inspect. The collector, in the exercise of the duties imposed by this chapter, and every police officer, fire inspector and other officers of the City empowered to enforce the provisions of this Code, shall have the power and authority to enter into or upon, free of charge, and at any reasonable time, the premises of any place of business required to be licensed and demand that any person in charge of such place of business exhibit a license to engage in business. Any person engaging in business in the City who is required to be in possession of a business license shall exhibit such license on demand by the collector or any police officer, fire inspector, or other officer of the City empowered to enforce the provisions of this Code.

(Ord. 99-791 Exh. A (part); prior code § 3-1.402)

A. No application or statement submitted to the collector pursuant to the requirements of this chapter shall be conclusive as to the information it contains. The contents of any application or statement shall be subject to audit and verification by the collector, who is authorized to examine, audit and inspect books and records of any business in the City. Inspection of books and records shall be conducted only to ascertain the amount of the license fee due the City. No licensee or applicant for a license shall refuse to allow the collector or other authorized representative of the City to inspect such books and records at any reasonable time or place.

B. The collector shall establish a business license audit program to perform checks on the accuracy of reported gross receipts or any other measure upon which a business license fee is based. Such program shall not be limited in type or number of businesses audited. Where the collector has found that a person engaging in business in the City has under-reported gross receipts, or any other measure upon which a business license fee is based, the collector shall take action to collect any license fee and/or penalties due the City. The collector shall give notice of the amount assessed by serving such notice personally or by depositing it in the United States Post Office in the City, addressed to the person so assessed at such person's last known address. Such person may, within 15 days after the mailing or serving of such notice, make an application in writing to the City Manager for a hearing on the amount due the City. Upon receipt of such request for a hearing, the City Manager or authorized representative shall set the matter for hearing, and cause notice of the time and place of the hearing to be given to the licensee not less than five consecutive days prior to such hearing. At such hearing, the City Manager or authorized representative shall determine if the amount determined to be due the City is reasonable. Licensee shall have the right to appeal the decision of the City Manager or authorized representative to the City Council pursuant to Chapter 1.08 of this Code. Any person failing to cooperate with the collector in the conduct of the business license audit program shall be guilty of an infraction and shall be liable under the provisions set forth in Chapter 1.12 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 3-1.403)

A. Penalties for Delinquency. Any person engaging in business in the City who fails to pay the appropriate business license fee shall be subject to rile following penalties:

1. For failure to pay a license fee when due, the collector shall add a penalty of 10 percent of such license fee on the day following the last day of each consecutive 30-day interval following the due date while the license fee remains unpaid; provided, that the total amount of the penalty to be added shall not exceed 100 percent of the amount of the license fee due.

2. For failure to secure a license to engage in business, the license fee due and payable shall be that amount due and payable from the first date the person engaged in business, together with applicable penalties provided in subsection (A)(1) of this section.

3. For failure to pay the amount which was actually due, it shall be deemed that to the extent of the deficiency, there was a failure to pay a license fee when due. Penalties provided in subsection (A)(1) of this section shall be assessed on the amount of the deficiency from the date when such amount was first required to be paid. Nothing in this subsection shall be construed to apply to any person when the deficiency is the result of an error by the collector in calculating the amount of the license fee due and when such error is not the result of misrepresented facts supplied to the collector by any such person.

B. Action to Collect. Notwithstanding subsection (A)(1) of this section, should court action be required to collect any license fee and/or penalties, an additional penalty shall be charged equal to the cost incurred by the City for the court action, including attorney fees. All penalties shall be added to the license fee and shall become due and payable along with the delinquent license fee. The City is authorized to collect any such fee as provided in Chapter 1.12 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 3-1.404)

If any person fails to file any statement or fails to provide any information required by the collector to determine the license fee due, or if the collector is not satisfied with the information provided, the collector may determine the amount of the license fee due from such person by means of such information the collector is able to obtain. if such determination is made, the collector shall give notice of the amount so assessed by serving such notice personally or by depositing it in the United States Post Office in the City, addressed to the person so assessed at such person's last known address. Such person may, within 15 days after the mailing or serving of such notice, make an application in writing to the City Manager for a hearing on the amount of the license fee. Upon receipt of such request for a hearing, the City Manager or authorized representative shall set the matter for hearing, and cause notice of the time and place of the hearing to be given to the licensee not less than five consecutive days prior to such hearing. At such hearing, the City Manager or authorized representative shall determine if the license fee fixed by the collector is reasonable. Licensee shall have the right to appeal the decision of the City Manager or authorized representative to the City Council pursuant to Chapter 1.08 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 3-1.405)

The collector shall withhold from any person a license to engage in business when there are pending violations of this Code against such person applying for a license, or when any person owes a debt to the City as a result of a violation of this Code, or when there are pending violations of this Code against the property from which the business is to be conducted.

(Ord. 99-791 Exh. A (part); prior code § 3-1.406)

Any business license issued pursuant to this chapter is accepted by the licensee with the understanding that it may be revoked upon action by the City Council, or upon determination by the City Manager or authorized representative that the license was obtained by false representation of facts or that the licensee is in violation of the relevant provisions of this Code or laws of the City, State or of the United States. The collector may recommend to the City Manager or authorized representative the cancellation of any business license issued pursuant to this chapter. Upon receipt of such recommendation, the City Manager or authorized representative shall set the matter for hearing and cause notice of the time and place of the hearing, and the grounds upon which it is proposed to revoke such license, to be given the licensee not less than five consecutive days prior to such hearing. At such hearing, the City Manager or authorized representative shall determine if the license shall be revoked. Licensee shall have the right to appeal the decision of the City Manager or authorized representative to the City Council pursuant to Chapter 1.08 of this Code. Upon the revocation of a business license, no part of the license fees paid shall be refunded. When a person's license has been revoked, no license to engage in any business shall be issued to such person for a period of six months following the date of revocation.

(Ord. 99-791 Exh. A (part); prior code § 3-1.407)

Any person violating or failing to comply with any of the requirements of this chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code. Any person found guilty of a violation for failing to comply with this chapter shall continue to be responsible for the payment of any license fees, interest, and/or penalties due the City.

(Ord. 06-889 § 4: Ord. 99-791 Exh. A (part); prior code § 3-1.408)

Any person aggrieved by any decision of the collector with respect to the issuance or denial of a business license shall have the right to appeal to the City Council pursuant to the provisions set forth in Chapter 1.08 of this Code.

(Prior code § 3-1.409)

The collector, with the consent of the City Council, may, for good and satisfactory cause shown, order the issuance of a license for less than the fees and/or penalties provided.

(Prior code § 3-1.410)

The collector may make rules and regulations and adjust fees consistent with the provisions of this chapter and the laws of the State of California. Such rules, regulations and fee adjustments shall be established to clarify provisions of this chapter or aid in their enforcement. The body of such rules, regulations and fee adjustments shall be known collectively as the "City of Montclair Business License Policies and Procedures" and shall be placed in written form, and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part); prior code § 3-1.411)

All remedies prescribed under this chapter shall be cumulative, and the use of any one remedy by the City shall not bar the use of any other remedies for the purpose of enforcing the provisions of this chapter.

(Prior code § 3-1.412)