Mountain House Municipal Code Ch. 1 Business Licenses

The purpose of the provisions of this Chapter is to provide for necessary regulation of lawful businesses being conducted within the City to protect the public health, safety, and welfare of the people of the City. Business license ("license") registration fees shall be revenue-neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the business registration and licensing program. No license fee shall be construed as a business license tax.

(Ord. 2024-25, § 1(Exh. A), 2024)

Certain words and phrases are defined as follows:

(a) Business. Professions, trades, vocations, enterprises, establishments, occupations, including home occupations as defined herein, and all and every kind of calling, any of which are conducted, transacted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether a profit or livelihood is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments located within the City that are operated at a fixed place of business and those that are operated on a mobile basis by a mobile operator.

(b) City. City of Mountain House.

(c) Code. City of Mountain House Municipal Code.

(d) Fixed Place of Business. A business house or premises separate and distinct from any other business or residence, regularly kept open with an agent acting exclusively for such business in attendance, or an outdoors location where a business is regularly carried on.

(e) License. Business License issued under this Chapter.

(f) License Inspector. Any employee, agent, representative, or contractor designated by the City to carry out license inspections.

(g) Mobile Operator. Businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer locations to carry out business-related services; including, but not limited to, those mobile-operated business involving: mobile automobile or other motor vehicle washing; pest control services; food and ice cream vendors; pet grooming; mobile carpet, drape or furniture cleaning; house cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing.

(h) Person. Any natural person or persons, or any partner or partnership, trust, corporation, or other entity.

(i) Reviewing Authority. The Administrative Services Department of the City of Mountain House.

(Ord. 2024-25, § 1(Exh. A), 2024)

Every person conducting or carrying on a business anywhere in the City shall obtain a license. A separate license shall be obtained for each physical location (including branch establishments) or for each business operated, including mobile operator businesses. No person shall establish a new or additional business use of any building or participate in a change of business ownership without first obtaining a new license to operate.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) Federal, State, and Local Law. No license to operate is required of any person who is specifically exempted from local licensing requirements by Section 16001.8 of the Business and Professions Code, by Section 7284.1 of the Revenue and Taxation Code, or by any other provision of law. The provisions of this Chapter shall not be deemed or construed to apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State.

(b) Agriculture. No license to operate is required of any farmer selling his or her own agricultural produce in the City at a fixed place of business.

(c) Manufacturer. No license to operate is required of any manufacturer whose gross sales are less than one thousand dollars ($1,000) annually and who sells his or her own products on his or her own property at retail or wholesale, provided such products are manufactured or produced exclusively within the City.

(d) Non-Profit Organizations. Any non-profit organization that is legally recognized as tax-exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

(e) Mobile Operator within a Temporary Event. Any mobile operator that operates within the City solely as part of a legally permitted temporary event.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) Application Form. An application for any license required by this title must be filed on the form provided by the Reviewing Authority.

(b) Application Content. Applications for a license shall contain the following:

(1) The type of ownership of the business, i.e., whether individual, partnership, or a closely held corporation or otherwise. If the applicant is a closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors and of each stockholder, and the name and address of the agent for service of process.

(2) The name under which the business is to be conducted.

(3) The complete address and all telephone numbers of the business.

(4) The name and address of the manager of the business.

(5) The following personal information concerning the applicant, if an individual; and concerning each stockholder, each officer and each director, if the applicant is a closely held corporation; and concerning each partner, including limited partners, having an ownership interest in the business of more than ten (10) percent, if the applicant is a partnership; and concerning the manager or other person in charge of the operation of the business:

(i) Name, complete current residence address, and residence telephone numbers.

(ii) If the person has resided at the current residence address for less than three (3) years, the previous addresses immediately prior to the present address of the applicant for the last three (3) years.

(iii) The business history experience, including, but not limited to, whether the person in previously operating in this or another city, City, or state under a permit or license has had a permit or license denied, revoked, or suspended and the reasons therefor, and the business activities or occupations after such action of denial, suspension, or revocation.

(iv) All criminal convictions, other than misdemeanor traffic violations and infractions, for any offense, the jurisdiction in which the conviction occurred, and the circumstances thereof.

(6) Any additional information required by the City to issue the license.

(7) Authorization for the Reviewing Authority to seek additional information deemed necessary for a thorough investigation, including verifying the application statements and conducting a criminal history check with the California Department of Justice and other law enforcement agencies.

(8) Verification. A dated and signed statement where the applicant certifies under penalty of perjury that the information provided is true and correct.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) Investigation. Upon receiving the completed application, the Reviewing Authority shall investigate the information required in Section 7-1-104 (application requirements).

(b) Determination. The Reviewing Authority shall decide to approve or deny the license within a reasonable time after the completed application is submitted.

(c) Deficiency. Applicant shall make reasonable and diligent efforts to comply in a timely manner with the requirements imposed by the Reviewing Authority if a deficiency in the application is found. Such efforts shall include, but are not limited to, applying for required permits and completing any necessary repairs or corrections prior to commencing business operations.

(1) If the deficiency is not an imminent hazard, then the applicant shall have thirty (30) days from receipt of written notice of the deficiency to apply for the appropriate permit and to complete any necessary repairs or corrections. Failure to complete such compliance within one hundred eighty (180) days from the date the application was filed shall result in the expiration of the application and the forfeiture of the license fee.

(2) If the deficiency is an imminent hazard, then the applicant shall immediately remove the imminent hazard.

(3) The Reviewing Authority shall give the applicant two (2) weeks written notice that the application is incomplete and due to expire. Failure to receive said notice shall not relieve the applicant from the duty to complete the requirements imposed by this Section.

(d) The application shall also be sent to County Public Health Services.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) All applications for licenses shall be accompanied by the applicable fee as set forth in the schedule of fees established by City Council resolution.

(b) Application Fee. The initial license fee for each license is set forth in subdivision (d) and they may be adjusted from time to time by resolution of the City Council. The full amount of the license fee shall be paid in advance upon the submission of the license application to the Reviewing Authority. License fees will not be prorated, nor will refunds be granted upon the termination of any business. An application filed because of an enforcement proceeding, shall be subject to an application fee two (2) times the normal application fee.

(c) Renewal Fee. The fee for each license to be renewed is set forth in subdivision (d), along with the additional fee for late renewals and requests for duplicate licenses, and they may be adjusted from time to time by resolution of the City Council.

(d) License Fee Schedule.

(Ord. 2024-25, § 1(Exh. A), 2024)

Licenses shall remain in effect for a period not to exceed either one (1) year or three (3) years from date of filing the application. Issued licenses shall be retroactive to the date the application was filed. During this period no additional business locations may be established, no change or expansion in the business use of any new or existing building may be made, and no change in the business ownership may occur, until the Reviewing Authority has been notified thereof and the appropriate fee has been paid. The fee schedule for notification of such changes shall be established by resolution of the City Council. Failure to notify the Reviewing Authority within thirty (30) days of any such change may result in the termination of the existing license and a direction to cease all business operations until a new license is procured.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) Renewal. Upon the expiration of the license, a renewal application shall be submitted no later than the next business day to the Reviewing Authority on forms provided by the City. Any person who has obtained a license shall apply for renewal on or before expiration of the then current license term.

(b) Renewal Fee. Renewal of a license requires a renewal fee. Failure to timely pay the renewal fee shall result in the termination of the right to conduct business operations until a new license is procured. A new license shall issue upon payment of the renewal fee and/or a late fee.

(c) Late Renewal Fee. A late renewal fee applies if the license is renewed one (1) to eighty-nine (89) days after its expiration.

(d) Reapply. Any person renewing greater than ninety (90) days after the expiration date, must reapply for a license as if none were ever issued.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) Every person who has submitted a satisfactory application and who has paid the required fee(s) shall be issued a license with following information:

(1) Name of the person to whom the license is issued;

(2) Name of the business licensed;

(3) Physical location of the business;

(4) License expiration date; and

(5) Other information necessary for the enforcement of this Chapter.

(b) Any person conducting a business licensed under this Chapter shall post his or her license in a conspicuous place at his or her place of business, shall keep it posted until its date of expiration, and shall then remove it upon expiration. No business shall be conducted without the license being posted. License holders must produce and exhibit their license upon request by any code enforcement officer, peace officer, or officer authorized to issue, inspect, or collect licenses.

(c) Any person conducting, transacting, or carrying on a business but not operating at a fixed place of business in the City shall always keep the license on his or her person while conducting business. Such person shall display the license to any code enforcement officer, peace officer, or officer authorized to issue, inspect, or collect licenses upon request.

(Ord. 2024-25, § 1(Exh. A), 2024)

License inspectors may enter any licensed business at any time and demand to see the license.

(Ord. 2024-25, § 1(Exh. A), 2024)

The following circumstances shall be considered prima facie evidence that a person is conducting business in the City: where any person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, shall advertise, hold out or by any other means represent that the person is in business in the City, or when any person holds an active license issued by a governmental agency indicating that the person is in business in the City, and such person fails upon request of the City to sign and provide to the City a sworn statement attesting that such person is not conducting or carrying on a business from the City. The City shall provide a form for the purposes of the sworn statement required by this Section.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter.

(b) The enforcement provisions of Division 2 of Title 1 of this Code shall be applicable in any of the following cases:

(1) Operating a business without first securing a license;

(2) Operating a business where a license has not been renewed; or

(3) Operating a business that is not in compliance with the requirements of this Code.

(c) Each person shall be deemed guilty of a separate offense for every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this Chapter is committed, continued, or permitted by such person, and each instance shall be deemed punishable as provided in this Section.

(d) Each infraction is punishable by:

(1) A fine not exceeding $100.00 for the first violation;

(2) A fine not exceeding $200.00 for the second violation within one (1) year;

(3) A fine not exceeding $500.00 for each additional violation within one (1) year.

(Ord. 2024-25, § 1(Exh. A), 2024)

A license issued may be revoked or suspended after hearing by the City Manager upon proof that the applicant has been convicted during the term of the license of a crime prosecuted in the name of the people of the State of California, provided such conviction is related to the applicant's conduct of his or her business.

(Ord. 2024-25, § 1(Exh. A), 2024)

No license issued shall be automatically transferable; except where a license is issued indicating a person is conducting, transacting, or carrying on a business at a particular place under a particular name, such license holder, upon application therefore, and payment of a change fee may obtain a new license showing some other location and/or name of the business and/or business ownership change. A new license shall be required as provided in Section 7-1-104 if there are any other changes that take place regarding a business.

(Ord. 2024-25, § 1(Exh. A), 2024)

A duplicate license may be issued to replace any which has been lost or destroyed where such license holder submits a statement of such fact and provides payment of a duplicate license fee.

(Ord. 2024-25, § 1(Exh. A), 2024)

The police may conduct a criminal background investigation on any person applying for a license.

(Ord. 2024-25, § 1(Exh. A), 2024)

Every person who makes any false statement or representation in any application for a license is in violation of this Chapter and may have his or her license revoked.

(Ord. 2024-25, § 1(Exh. A), 2024)

No license shall be construed as authorizing the conduct of or continuance of any occupation, use or activity of any kind which is prohibited by this Code, state, or federal law.

(Ord. 2024-25, § 1(Exh. A), 2024)

A license shall not operate to exempt or excuse any person from complying with water quality requirements and inspection fees, Water Code § 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. § 1251 et seq. (Clean Water Act), applicable state or federal regulations promulgated, and related administrative orders or permits issued. Failure to maintain the business premises, grounds, facilities, and structures in compliance with water quality requirements is a violation of this Chapter.

(Ord. 2024-25, § 1(Exh. A), 2024)