Monte Sereno Municipal Code Ch. 7.01 Business, Professions and Licensing

The provisions of this Chapter shall be known and cited as "The Business, Professions and Trades License Revenue Code". The purpose of this Chapter is revenue and not regulation.

The various businesses, trades, professions, occupations, callings and activities herein referred to shall be defined in accordance with the meanings and connotations generally given them by those engaged in such activities and as recognized generally by the public.

The provisions of this Code shall not be deemed or construed to require the payment of a license fee to conduct any business or require the payment of any license fee-from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly by any individual, firm or corporation; nor shall any license be required for conducting of any entertainment, dance, concert, exhibition, or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts from the same are to be appropriated to any church or school, or to any religious or benevolent purpose within the City; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture whenever the receipts from the same are to be appropriated for the purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation. Nothing in this section shall be deemed to except any such institution or organization from complying with the provisions of this Code requiring such institution or organization to obtain a permit from the City Council or proper officer to conduct any business.

The license taxes provided for by the provisions of this Chapter shall not be so applied as to occasion an undue burden upon interstate commerce or upon intercity commerce. In any case where a license tax is believed by a licensee or an applicant for a license to place an undue burden upon interstate commerce or upon intercity commerce, he may apply to the City Clerk for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six (6) months after the close of the fiscal year for which the prescribed license tax was paid. The applicant shall, by affidavit and supporting testimony, show his method of business, and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden on interstate commerce, or upon intercity commerce. Any person not satisfied with the determination of the City Clerk may appeal to the City Council within ten (10) days following the making of the determination. The City Council shall hear and determine the appeal at its next regular meeting.

Every person operating under a franchise granted by the City shall be exempt from the provisions of this Chapter. Every person engaged as a public utility not operating under such franchise shall pay an annual license fee of One Hundred Dollars ($100.00).

The provisions of this Chapter shall not be construed as requiring farmers, dairymen, poultrymen, or horticulturists to procure a license hereunder for the privilege of selling exclusively their own produce. This exemption shall not apply to establishments who buy goods for resale as well as selling their own produce.

The provisions of this Chapter shall not be deemed or construed to require the payment of a license fee to conduct any boarding house, lodging house or apartment house containing less than four (4) sleeping rooms, or any private boarding house or other place where meals are sold having less than four (4) boarders.

Nothing in this Chapter shall be deemed or construed to apply to any person conducting any business except by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment to municipal corporations of fees as are herein prescribed.

Any person claiming an exemption shall file a verified statement or sworn affidavit with the City Clerk stating the facts upon which exemption is claimed.

The City Clerk shall, upon a proper showing contained in the verified statement or sworn affidavit, issue a license to such person claiming exemption without payment to the City of the license tax required by this Chapter.

In all cases of doubt as to any application being entitled to an exemption from any license tax, or from the application of any of the provisions of this Chapter, the burden of establishing the right of such exemption shall be upon the applicant. All applications for exemption in such cases shall be referred to the City Council which shall consider and act upon the same and grant or refuse such exemption as in the use of its discretion it shall deem just.

Every person required to have or obtain a license hereunder shall, within a period of thirty (30) days prior to the effective date of such license, apply to the City Finance Director for such license and pay or tender to the City Finance Director the amount of the fee as set by the City Council pursuant to resolution adopted from time to time. Upon receipt of such application and such fee, the City Finance Director shall prepare and issue to every such person a license in such form as the City Finance Director shall provide, which license shall state the amount of the license fee paid therefor, and the duration of the license, the name of the person to whom issued, the nature of the business licensed and the location or place where such business is to be carried on. The duration of the license shall be that set forth in the resolution.

In no event shall any mistake made by the City in stating the amount of the license fee, or in receiving the license fee, prevent or prejudice the collection by the City of the amount actually due, together with all the costs of collection, from any person for conducting any business without a license or for refusing to pay the license fee specified therein.

Annual licenses shall date from the first day of July of each fiscal year.

All license fees, under the provisions stated herewith, shall be due and payable in lawful money of the United States in advance on the first day of July of each fiscal year. Any person doing business for less than the full year and for which business an annual license fee is provided in this Chapter shall be required to pay the amount of the license fee for a full year, except that the fee for any such license issued on or after January first of any year for the remainder of such fiscal year to a person never previously licensed or subject to be licensed by the City for the conduct of such business shall be fifty percent (50%) of the annual license fee prescribed for such business.

The amount of any license fee imposed by this Chapter shall constitute a debt to the City and any person engaging in business in the City without having a license from the City to do so, shall be subject to an action in the name of the City in any court of competent jurisdiction for the collection of the amount of the license fee imposed by this Chapter.

The conviction and punishment of any person having engaged in business without a license shall not excuse or exempt such person from the payment of any license fee due or unpaid at the time of such conviction, and nothing herein shall prevent criminal prosecution for any violation of any provisions of this Chapter.

A duplicate license may be issued by the City to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact, and at the time of filing such affidavit paying the City a duplicate license fee of Three Dollars ($3.00).

Where a license is issued authorizing a person to conduct a business at a particular place such licenses may, upon application therefor and paying a fee of Three Dollars ($3.00), have the license amended to authorize the conduct of such business under said license at some other location to which said business has been or is to be moved.

Where there has been a change in ownership of a previously licensed business and said change consists solely of either the addition of owners or the withdrawal of an owner, an amended license shall be issued in respect to said business upon the payment of the fee of Three Dollars ($3.00).

Where a license has been issued by the City for any business and the tax or fee paid therefor under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license fee prescribed for said business by this Chapter shall not be payable until the expiration of the term of such unexpired license.

No license hereunder shall be transferred or assigned nor shall such license be construed as authorizing any person other than the licensee to engage in the licensed business.

Every person conducting or doing business within the City limits of the City of Monte Sereno and coming within the following classifications shall pay an annual license fee in the amount set by resolution of the City Council from time to time.

A. Any business or person with a fixed place of operation, inside or outside of the City, and bringing bulk building or paving materials into the City.

B. Any business or person with a fixed place of operation, inside or outside of the City, and bringing goods or materials other than bulk building or paving materials into the City.

C. Any business or person with a fixed place of operation, inside or outside the City, soliciting, order taking, or house to house canvassing within the City.

D. Any business or person with a fixed place of operation, inside or outside the City which is professional, semi-professional, business headquarters, trade, occupation or calling, except emergency or house calls by the medical professions and domestic and gardening help, doing business or rendering services for profit within the City.

E. Where there is no fixed place of business, a fee shall be added to the fees in the classification in subsections A through D above.

The provisions of this Code shall not be construed as requiring a license hereunder for a home occupation meeting all of the following requirements:

The occupation is conducted entirely within a dwelling or permitted accessory building associated with the dwelling, the occupation being clearly incidental and secondary to the use of the building for residential purposes.

A. No persons other than the inhabitants of the household shall be employed.

No sign, poster or other outdoor advertising, or any other outward evidence of the occupation shall be posted or displayed on the property or premises, except for one sign which may be posted on the premises not larger than one (1) square foot in area, giving only the name of the owner and the nature of the occupation is permitted. Artificial illumination of such sign is prohibited.

Any person engaged in more than one business, trade or profession required to pay a license fee under this Chapter shall be required to pay only the license tax of the business, trade, calling or occupation upon which the highest tax is placed herein, unless otherwise expressly provided in this Chapter.

The operation of a business, trade or profession in a district not zoned for the operation of said business, trade or profession shall not excuse or exempt the operator from the payment of the license fees imposed herein, nor shall the issuance of a license be deemed to be a consent or permit for the operation of such a business, trade or profession in said district.