Murrieta Municipal Code Ch. 5.04 Business Licenses Generally

For the purpose of this chapter, unless the context clearly requires otherwise, the words, and phrases used in this chapter shall have the following meanings:

"Business" means profession, trade, occupation, gainful activities, and all and every kind of professional, commercial, and industrial calling whether or not carried on for profit.

"Business license officer" means the director of finance and general services of the city, or the designee of such person.

"Employed" means engaged in the operation or conduct of a business, or related activity, whether as a proprietor or otherwise.

"Employee" means any person who provides services or labor within the city for an employer for wages or any other remuneration. An independent contractor is not an employee for the purpose of this chapter.

(Ord. 466 § 1, 2011: Ord. 447 § 1, 2010: Ord. 3 § 1 (part), 1991: prior code § 5.02.001)

There is imposed, upon each business conducted within the city, a business license fee in the amount hereinafter prescribed. It is unlawful for any person to conduct any business within the city without first having procured a license from the city to do so and paid the license fee therefor and without complying with all applicable provisions of this chapter.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.003)

When any person by use of signs, circulars, cards, telephone book, or newspapers, advertises, holds out, or represents that such person is conducting a business within the city, or when any person holds an active license or permit issued by a governmental agency indicating that such person is in business within the city, and such person fails to deny by a sworn statement given to the business license officer that he or she is not conducting a business within the city, after being requested to do so by the business license officer, then the foregoing facts shall be considered prima facie evidence that such person is conducting a business within the city. (Ord. 3 § 1 (part), 1991: prior code § 5.02.005)

The city council from time to time shall set business license fees and related application and other administrative fees by resolution. The city council may differentiate in the amount of fees to be charged on the basis of gross receipts and may utilize the business categories established by Section 5.04.370 to differentiate between businesses as to the basis of the business license fee which will be charged. When it deems such action to be appropriate, the city council may establish flat-rate business license fees for specific types of businesses or units thereof.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.007)

A. Every person who engages in business within the city shall pay a license fee in the amount or at the rate which the city council may from time to time set by resolution.

B. This section shall not be construed to require any person to pay a license fee prior to conducting business within the city if such requirement conflicts with applicable state or federal law.

C. Persons not required to pay a license fee prior to conducting business within the city because of conflict with applicable state or federal law shall nevertheless obtain a business license upon the commencement of business within the city.

D. Any person claiming exemption pursuant to this section shall file a sworn statement with the business license officer, stating the facts upon which exemption is claimed.

E. The business license officer shall upon a proper showing contained in the sworn statement, issue a license to a person claiming exemption under this section. Issuance under this subsection shall be without payment to the city of any license fee required by this chapter.

F. The business license officer, after giving notice and reasonable opportunity for hearing to the affected licensee, may revoke any license granted pursuant to the provisions of this section upon a showing that the licensee is not entitled to the exemption as provided in this chapter.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.009)

A business license shall be issued but the provisions of this section shall not be deemed or construed to require the payment of a business license fee:

A. For conducting any business by any nonprofit institution, corporation, organization, or association organized or conducted for nonprofit purposes only, when the receipts derived are to be used wholly for the benefit of the organization, and, except for wages paid to employees of such organization, not in whole or part for the private gain of any person. The exemption provided for in this section shall not apply to promoters employed by the nonprofit institutions, corporations, organizations or associations.

B. For conducting any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts thereof are to be distributed to any church or school or to any religious or benevolent purpose within the city.

C. For conducting any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts thereof are to be for the purpose and objects for which such organization or association was formed, and from which profit is not derived either directly or indirectly by any person. This provision also applies to the Murrieta chamber of commerce.

D. By any business which is exempt from payment of the business license fee to municipal corporations under, on account, or by virtue of the provisions of the constitution or laws of the United States of America or of the state of California.

E. Any disabled veteran having honorable discharge papers showing disability incurred while in service who is unable to earn a livelihood by manual labor, who is a qualified elector of this city at the time of the application for a license and who shall have been a bona fide resident of this city for thirty (30) days immediately preceding the date on which application for such license is made shall be exempt from the business license fee. This exemption applies to the veteran personally and shall not apply to a distributing or other business conducted by such veteran in which others are employed.

F. By any person furnishing full or part time day care service to not more than fourteen children.

G. When a business, otherwise exempt pursuant to this section, is conducted by a nonexempt person on behalf of such business, the exemption shall be applicable only with regard to the exempt business, and shall not be applicable with regard to the business or gross receipts of the nonexempt person.

H. Nothing in this section shall be deemed to exempt any person from complying with other provisions of this code, or any other law or regulation requiring a permit or other approval from the city council, or any other public officer or body to conduct any business.

(Ord. 557 § 2, 2020; Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.011)

A. Any person claiming an exemption from licensure requirements under this chapter shall file a sworn statement with the business license officer stating the facts upon which exemption is claimed. In the absence of such a statement substantiating the claim, such person shall be liable for the payment of the fees imposed by this chapter.

B. The business license officer shall, upon a proper showing contained in the sworn statement, and in such supplement thereto as may be required by the business license officer, issue a license to the person claiming exemption under this section without payment to the city of the license fee required in this chapter.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.013)

A. None of the license fees provided for in this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitution of the United States or of the state.

B. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, such person may apply to the business license officer for an adjustment of the fee. Such application may be made before, at the time of, or within six months after, payment of the prescribed license fee. The applicant or licensee shall, by sworn statement and supporting testimony, show his or her method of business and the gross receipts or estimated gross receipts of such business and such other information as the business license officer may deem necessary in order to determine the extent, if any, of undue burden or violation. The business license officer may then conduct an investigation, and fix as the license fee for the applicant or licensee an amount that is reasonable and nondiscriminatory. If the license fee has already been paid, the business license officer shall order a refund of the amount over and above the license fee so fixed. In fixing the license fee to be charged, the business license officer shall have the power to base the license fee upon any measure which will assure that the license fee assessed shall be uniform with that assessed upon businesses of like nature. Any adjusted fee fixed pursuant to this section shall not exceed the license fee prescribed for similar businesses as to which no adjustment has been made pursuant to this section.

C. The business license officer may require the applicant or licensee to submit, either at the time of termination of the applicant's or licensee's business in the city, or at the end of each three-month or longer period, a sworn statement of the gross receipts from sources within the city upon which the license fee adjustment has been based; provided that no additional license fee during any one licensing year shall be required after the licensee shall have paid an amount equal to the annual license fee prescribed for businesses as to which no adjustment has been made pursuant to this section. (Ord. 3 § 1 (part), 1991: prior code § 5.02.015)

Any person required to pay a license fee for conducting a business under this chapter shall not be relieved from the payment of any license fee for the privilege of conducting such business required under any other provision of this code or any other ordinance or regulation of the city or other agency, and such person shall remain subject to such other provisions.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.017)

Unless otherwise specifically or by necessary implication provided in this chapter, neither the adoption of this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for the violation of any other ordinance committed prior to the adoption hereof, nor be construed as a waiver of any license requirement or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect for the term prescribed therein.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.019)

A. Where a license fee is imposed upon any business pursuant to this chapter, and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business.

B. A separate license shall be obtained for each branch establishment or location of the business and for each separate type of business at the same location. Each license shall authorize the licensee to transact and carry on only the business licensed thereby, at the location specified in the license, and in the manner designated in such license.

C. Warehouses and distributing plants used in connection with and incidental to a business shall be deemed to be separate places of business or branch establishments.

(Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.021)

Whenever a business may reasonably be classified under two or more separate categories established by the city council, with differing bases for fee computation, the fee shall be computed using the basis which will result in the highest fee.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.023)

Persons required to pay a license fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any fees for the privilege of carrying on any similar or related activity required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances and laws.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.025)

The business license officer may refer to any governmental agency any statement and all other information submitted by persons subject to the provisions of this chapter in connection with the conduct of a business regulated or supervised or otherwise the concern of any such agency, including agencies concerned with health regulations, zoning conformance, fire safety, police considerations, or any other safeguard of the public interest. Failure to comply with conditions required by other agency review shall result in revocation of the license once granted.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.027)

A. Certain business practices have historically been subject to abuse by certain unscrupulous practioners and convicted criminals using the practice to commit fraud, larceny and other criminal acts upon clients. It is the purpose of this section to regulate the practice in such a manner as to reduce the risk of fraud and larceny to clients, while allowing businesses to provide their services to clients with only minimal restrictions.

B. The chief of police has the discretion to require police background checks for certain business practices. The fee for this background check will be established by the city council and set by resolution.

C. Upon filing of the business license application and payment of the applicable fees, the police department will investigate, report and recommend approval of the license. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the business license officer within thirty (30) days after the filing of the application and contacting the Murrieta police department support division supervisor for a background investigation interview, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

(Ord. 279 § 2 (part), 2003)

The granting of a license for a business shall not be deemed a permit to conduct the same in an unlawful manner or on premises where such business is prohibited by law.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.029)

A. Initial business license fees are due and payable prior to issuance of the license for which application is made. The fee for the business license application and for new licenses shall be established by resolution of the city council. The payment of such fees shall not in any way constitute a right or permission to begin the operations of said business.

B. Unless otherwise specifically provided in this chapter, all fees for renewal of a business license under the provisions of this chapter shall be due and payable on the day of the anniversary date on which the license expired. The annual license fee shall become delinquent on the thirtieth day after the due date.

(Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.031)

A. For failure to pay a gross receipts license fee by five p.m. on the day due, the business license officer shall add a penalty of twenty-five (25) percent of the license fee on the day following the due date thereof, plus interest at the rate of one and one-half percent per month from the due date until paid.

B. Any flat-rate license fee which has not been paid by five p.m. on the day due shall have added to the amount thereof a penalty of twenty-five (25) percent, plus interest at the rate of one and one-half percent per month from the due date until paid.

C. Any daily license fee which has not been paid by five p.m. on the day due shall have added the amount thereof a penalty of twenty-five (25) percent, plus interest at the rate of one percent per additional day of delinquency thereafter.

D. If any person has failed to apply for and secure a valid license to operate a business, the business license fee due shall be that amount due and payable from the first date on which the person was employed in business in the city, together with applicable penalties and interest.

E. Where an audit or inspection of the books or records of a business reveals that the amount of license fee paid for any license period is less than the amount which was actually due pursuant to this chapter, it shall be deemed for the purposes of this section that, to the extent of such deficiency, there was a failure to pay a license fee when due. Penalties and interest as provided in this section shall be assessed from the date when the deficiency should have been paid pursuant to this chapter.

F. Should court action be required to collect any license fee or penalties or interest, an additional penalty shall be charged equal to costs of suit, including reasonable attorneys' fees. Such penalty shall be added to the license fee and shall become due and payable as of the date of final judgment in such action.

G. Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring a license provided for in this chapter shall be deemed guilty of a misdemeanor.

(Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.033)

A civil penalty of one hundred (100) percent of the prescribed license fee shall be added to the license fee for any person who conducts business within the city before applying for and securing a business license from the business license officer.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.035)

The term of any license issued hereunder shall be limited as follows:

A. If the license fee is an annual license fee, the license shall expire on the anniversary of the date on which the license was last issued or renewed or as otherwise designated by the chief finance officer.

B. If the license fee is a daily license fee, the license shall expire at eleven fifty-nine p.m. for the day for which the license was issued; provided, however, that such license may be issued for more than one day at a time. In respect to daily licenses, the license fee for the entire licensure period shall be due and payable in advance prior to issuance of the license.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.037)

A duplicate license may be issued by the business license officer to replace any license previously issued under this chapter which has been lost or destroyed, upon the licensee filing a sworn statement of such fact, and at the time of filing such statement, paying to the business license officer a duplicate license fee as set from time to time by resolution of the city council.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.039)

A. No license issued pursuant to this chapter shall be transferable.

B. Upon the issuance of a license which authorizes a person to conduct a business at a particular place, such licensee may, upon application therefor and payment of the required fee, have the license amended to authorize the conducting of such business under such license at some other location to which the business is to be moved in its entirety. The fee for such amendment shall be set by resolution of the city council.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.041)

All licenses shall be kept and posted in the following manner:

A. Each licensee conducting a business at a fixed place of business within the city shall keep its license posted in a conspicuous place upon the premises.

B. Each licensee conducting a business within the city, but not operating a fixed place of business in the city, shall keep his or her license upon his or her person or in the vehicle from which the business is being conducted at all times while conducting such business. (Ord. 3 § 1 (part), 1991: prior code § 5.02.043)

Whenever an identifying sticker, tag, plate, or symbol has been issued for a vehicle, device, machine, or other piece of equipment as evidence of the issuance of a license pursuant to this chapter, the person to whom such sticker, tag, plate, or symbol has been issued shall firmly affix such symbol upon each such vehicle, device, machine, or piece of equipment and keep it affixed during the term of the related license at such place thereon as is designated by the business license officer. It is unlawful for any person to tamper with, change, or alter any such symbol or to otherwise fail to comply with the provisions of this section.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.045)

Prior to the commencement of any business, each person required by this chapter to obtain a license for such business shall make and file with the business license officer a written application for such license, upon a form prescribed by the business license officer, together with the required application fee. Fees for processing the application shall be based on the cost to the city for verification of the information contained in the application, shall be nonrefundable, and shall be set by resolution of the city council.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.047)

All business license applications shall contain as a sworn statement:

A. The name, home address, and telephone number of each owner, officer, partner, and the applicant;

B. The name, home address, and telephone number of each managing employee, if not included in division 1, of this section;

C. The name, address, and telephone number of the business to be licensed;

D. A detailed description of the business to be conducted; and

E. Such other information as may be required by the application form or requested by the business license officer and convenient for the enforcement of this chapter.

(Ord. 466 § 1, 2011:Ord. 447 §, 1 2010: Ord. 3 §1 (part), 1991: prior code § 5.02.049)

A. In respect to the license to be issued under this chapter for a business, in all cases where the amount of license fee to be paid is measured by gross receipts, the applicant for such license shall furnish to the business license officer for purposes of ascertaining the amount of the license fee to be paid by the applicant, a sworn statement, upon a form provided by the business license officer, setting forth such information as may be therein required and as may be additionally requested by the business license officer to determine the amount of the license fee to be paid by the applicant.

B. If the amount of the license fee to be paid by the applicant for a new business is measured by gross receipts, the applicant shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the business license officer as reasonable, shall be used in determining the amount of the license fee to be paid by the applicant; provided, that the amount of the license fee so determined shall be tentative only, and the licensee shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the business license officer with a sworn statement, upon a form furnished by the business license officer, showing the gross receipts during the period of such license. The license fee for such period shall thereupon be finally ascertained by the business license officer and paid in the manner provided by this chapter for the ascertaining and paying of annual license fees for other businesses, after deducting from the amount of the fee found to be due, the amount paid at the time the license was issued or renewed.

C. The business license officer shall not renew or issue to a licensee, any license for the same or any other business or location, until such licensee shall have furnished to the business license officer the sworn statement and paid all license fees as herein required.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.051)

In addition to all other powers conferred upon him or her by this chapter, the business license officer shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such cases to waive any penalty which would otherwise have accrued. The business license officer shall have the further power, with the advice and consent of the claims board of the city, to compromise any claim as to the amount of license fee due.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.053)

A. Information to determine fee. Every applicant for the renewal of a license shall submit to the business license officer the application fee determined by resolution of the city council therefor, together with a sworn statement, upon a form to be provided by the business license officer, setting forth such information concerning the applicant's business during the preceding year as may be required by the business license officer to enable him or her to ascertain the amount of the license fee to be paid by the applicant pursuant to the provisions of this chapter.

B. New licensing requirements. Whenever a new requirement is added to Section 5.04.250, Conditions of application, after a license has been issued, in order to renew the license, the license-holder must demonstrate compliance with all requirements of Section 5.04.250 in effect when the application for renewal is made.

(Ord. 447 § 1, 2010; Ord. 3 § 1 (part), 1991: prior code § 5.02.055)

A. No statements or applications required hereunder shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sums as are actually due and payable hereunder.

B. The business license officer shall not make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a license or pay a license fee under the provisions of this chapter, or to divulge the amount or source of income, profits, losses, expenditures, or any particular thereof set forth in any statement or application, or to permit any statement or application, or copy of either, or any other document relating thereto which contains specific information as to the amount or source of income or expenditures of any person obtaining a license to be seen or examined by any person; provided, that nothing to this section shall be construed to prevent the disclosure to or examination of records by another city agent for the sole purpose of administering or enforcing any of the provisions of this chapter or auditing of accounts of the business license officer, federal or state officials, or a grand jury or court of law upon subpoena or in a legal or administrative proceeding to determine the existence or amount of any license fee liability of the particular licensee to the city; nor shall the disclosure of the names and addresses of persons to whom licenses have been issued and the general type of their business be prohibited under this section, together with general statistics regarding business fees collected or business done in the city.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.057)

A. If any person fails to file any required statement within the time prescribed, or if, after demand therefor made by the business license officer, any person fails to file a corrected statement, the business license officer may determine the amount of license fee due from such person by means of such information as he or she may be able to obtain or estimate.

B. If such determination is made, the business license officer shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the person so assessed at his or her last known address. Such person may, within fifteen (15) days after the mailing, or serving of such notice, make application in writing to the business license officer for a hearing on the amount of license fee. If such application is made, the business license officer shall cause the matter to be set for hearing within fifteen (15) days. The business license officer shall give at least ten days' notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The business license officer shall consider all evidence produced, and shall make findings and a decision based thereon. (Ord. 3 § 1 (part), 1991: prior code § 5.02.059)

A. It shall be within the authority of the business license officer to enforce each and all of the provisions of this chapter. The chief of police shall render such assistance in the enforcement of this chapter as may from time to time be required by the business license officer.

B. The business license officer, and each and any of his or her assistants, and any police officer, shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed under this chapter, and demand an exhibition of its license. Any person having in his or her possession or control the license for such business, and who wilfully fails to exhibit it on demand is guilty of a violation of this chapter. It shall be within the authority of the business license officer to cause a civil or criminal complaint to be filed in a court of competent jurisdiction against any person found to be violating any provision of this chapter.

C. Each person subject to the provisions of this chapter shall keep complete records of business transactions, including sales receipts, purchases and other expenditures, state and federal income tax returns, including schedules and records included in such returns. Such persons shall retain such records for examination by the business license officer and maintain such records for a period of at least three years after preparation thereof or after the date of the last entry therein, whichever is later. No person required under this section to keep records shall refuse to allow authorized representatives of the business license officer to examine the records at reasonable times and places.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.061)

Any person who violates any of the provisions of this chapter, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.32.010 through 1.32.020 of this code.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.063)

The carrying on of any business without complying with the requirements of this chapter is a separate violation of this code for each and every day that such business is carried on.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.065)

A. Any business license issued pursuant to the provision of this chapter may be revoked by the city council on the basis of any of the following:

1. That the business or activity has been conducted in an illegal or disorderly manner;

2. That any operator of the business or activity has an unfit character;

3. That the purpose for which the permit has been issued is being abused to the detriment of the public;

4. That the permit is being used for a purpose different from that for which it was issued;

5. That the permittee has misrepresented any fact in the application for permit or has not answered each question therein truthfully;

B. Unless otherwise provided in this chapter, in the event a permit is revoked pursuant to the provisions of this chapter, another permit shall not be granted to such person within twelve (12) months after the date of such revocation. The city council's determination following a revocation hearing shall be final and conclusive in the matter.

(Ord. 466 § 1, 2011:Ord. 447 § 1, 2010: Ord. 279 § 2 (part), 2003)

A. Any person aggrieved by the denial of an application for a business license or permit, denial of an application for renewal of a business license or permit, suspension or revocation of a business license or permit, or any other decision of the city with respect to the issuance or refusal to issue a license or permit or the suspension or revocation of such license or permit subject to the appeals provisions of this chapter (“administrative decision”), may appeal the administrative decision by filing an appeal with the office of the city clerk within fifteen (15) calendar days from the date the notice of the administrative decision was mailed to the applicant. If the fifteenth day falls on a Saturday, Sunday or city holiday, the appeal may be filed on the next day city hall is open for business. The appeal document must be received by the office of the city clerk within the applicable time period and not just mailed within such time. This appeal process applies to the denial, suspension or revocation of those permits referenced in sections 5.26 Alcoholic Beverage Sales, 5.18 Massage Business and Massage Therapists and 5.27 Short-Term Vacation Rental. The person who files such an appeal shall be known as the “appellant.” Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by a fee of fifty dollars ($50.00) or such other fee as may be required by other enactment of the city council.

1. The appeal shall set forth the administrative decision being appealed and the reasons why the decision should be reversed or modified. The city clerk shall promptly forward a copy of the appeal to the city manager and administrative hearing officer.

2. In the event an appeal is timely filed, an administrative decision concerning the denial of business license or permit, or the suspension or revocation of a license or permit shall not be effective until a final decision by the administrative hearing officer has been made pursuant to this section. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s right to an appeal. If no timely appeal is filed, the administrative decision shall become effective upon expiration of the period for filing an appeal. In the event a notice of appeal fails to set forth any information required by this section, the city clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five (5) days in which to perfect and refile the notice of appeal.

3. Upon receipt of a timely appeal, the city clerk shall make arrangements for the selection of an administrative hearing officer to conduct the appeal hearing. The administrative hearing officer shall be a person knowledgeable in municipal affairs, including, but not limited to, attorneys, retired judges, a reputable firm providing mediators and arbitrators, local government officials, or the State Office of Administrative Hearings (or its successor office). Not less than fifteen (15) days prior to the appeal hearing, the city clerk shall notify the city manager and the appellant of the name of the hearing officer who has been selected to hear the appeal. The administrative hearing officer shall be fair and impartial and shall have no bias for or against the city or the appellant.

4. Any documents or evidence to be used by the city and/or the appellant during the appeal hearing must be provided to the administrative hearing officer and the other party for review at least ten (10) days prior to the appeal hearing.

5. At the appeal hearing, the administrative hearing officer shall receive oral and written evidence from the city and the appellant.

a. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely in the conduct of serious affairs.

b. The administrative hearing officer shall have broad authority to control the proceedings and to allow for cross examination of witness in a fair and impartial manner. The administrative hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses in support of their case.

c. The city shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based.

d. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The appellant's failure to appear at a hearing shall constitute a waiver of the right to a hearing and a forfeiture of the hearing fee deposit. An appellant's failure to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative decision. Any administrative fine applicable to the administrative decision, and additional hearing fees, if any, shall be immediately due and payable to the city.

e. The administrative hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. The party requesting the continuance shall pay the costs of the hearing officer, if any, for the cancelled hearing.

i. The administrative hearing officer may uphold, modify or reverse the administrative decision of the city.

ii. Within ten (10) days of the conclusion of the appeal hearing, the administrative hearing officer shall render his or her decision and make written findings supporting the decision. The administrative hearing officer shall send the decision to the city clerk. Upon receipt of the hearing officer’s decision, the city clerk shall notify the city manager, the respective department and the appellant of the decision and provide them with a copy of the hearing officer’s decision, along with a proof of mailing.

iii. The administrative hearing officer’s decision shall be final and conclusive as to the city and the appellant and no further administrative appeal from the hearing officer’s decision shall be available. Any legal action challenging the administrative hearing officer’s decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the hearing officer’s opinion, pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure.

f. Any notices which either party may desire to give to the other party in connection with the appeal under this section must be in writing and may be given either by: (1) personal service; (2) delivery by a reputable document delivery service, such as, but not limited to, federal express, that provides a receipt showing date and time of delivery; or (3) mailing in the United States mail, first class mail, postage prepaid, addressed to the address to the city at city hall or to the appellant at the address set forth in the notice of appeal. Notice shall be effective on the date of personal delivery or the date when the notice was deposited in the mail or reputable document delivery service.

g. If the administrative hearing officer overturns the administrative decision or substantially modifies it in favor of the appellant, the appeal fee shall be refunded to the appellant.

h. The city manager shall have the authority to establish all appropriate administrative regulations for the fair and efficient implementation of this section, conducting hearings and rendering decisions pursuant to this section.

i. Notwithstanding the procedures set forth in this section, the city manager shall have the authority to enter into settlement agreements with an appellant that justice may require and that are consistent with the purposes of this title. (Ord. 579, Exhibit A, 2022)

The amount of any license fee, penalty, or interest, or any combination thereof, imposed by the provisions of this chapter shall be deemed a debt to the city. Pursuant to Section 3.04.080 of this code, an action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent fee, penalty, interest, or charge due hereunder.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.069)

All remedies and enforcement measures provided to the city by this chapter shall be cumulative, and the use of one or more such remedies by the city, or its duly authorized officers, shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter, whether such remedy is provided by this chapter or otherwise.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.071)

A. Category I. Category I businesses are businesses which are neither Category II, Category III, nor Category IV businesses. They shall be assessed business license fees on the basis of gross receipts plus fixed-rate fees, if any. The initial application fee and gross receipts assessment shall be established from time to time by resolution of the city council upon recommendation of the business license officer.

B. Category II. Category II businesses are businesses which require a complex inspection or investigation in order to grant a business license. Category II businesses also include businesses which require a greater use or frequency of public services in enforcing the provisions of this chapter. The types of businesses to be placed in Category II, their initial application fee, and gross receipts or other assessment shall be set from time to time by resolution of the city council upon recommendation of the business license officer.

C. Category III. Category III businesses are those businesses which require the most complex inspection or investigation in order to grant a business license. Category III businesses also include those businesses which require the greatest frequency of public services in enforcing the provisions of this chapter. The types of businesses to be placed in Category III, their initial application fee, and gross receipts or other assessment shall be set from time to time by resolution of the city council upon recommendation of the business license officer.

D. Category IV. Category IV businesses are those businesses so designated by resolution of the city council, which, because of the manner in which their business is conducted, indicates a special method of assessment. The business license fee for Category IV businesses shall be set from time to time by resolution of the city council and shall be not less than the minimum business license fee for Category I businesses.

E. Flat Rates. Professional license fees shall be as established as flat rate fees. This category supersedes Section 5.04.120.

F. Exempt. This category includes businesses defined in Section 5.04.060.

(Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.075)

A. An additional business license fee shall be assessed against each business which owns, possesses, or maintains any coin-operated machine used or placed for business purposes. The business license fee prescribed by this section is in addition to any gross receipts business license fee prescribed by this chapter for such business.

B. Nothing contained in this chapter shall be construed to allow or provide for the use or possession of any machine or device prohibited by law.

C. The fee for each type of machine shall be set by the city council by resolution from time to time upon recommendation of the business license officer.

D. The business which owns, operates, or controls one or more coin-operated machines shall, at the time of application for issuance or renewal of a license, advise the business license officer in writing as to the type and location of each such machine which is to be used within the city in the conduct of said business.

E. A sticker, tag, plate, or symbol shall be issued for each machine. One license may be issued for any number of machines to be located at a specific location or premises, with the privilege of substituting machines which are reasonably estimated to have similar gross receipts expectations.

F. The provisions of this chapter relating to business license fees for coin-operated machines shall not be deemed to apply to:

1. Machines such as telephones and metered dispensers utilized in distributing, dispensing, or providing a public utility commodity or service by a public utility subject to regulation by the California Public Utilities Commission, or the United States Interstate Commerce Commission, or the Federal Energy Regulation Commission;

2. Vending boxes or machines for newspapers, magazines, or other periodical publications.

(Ord. 3 § 1 (part), 1991: prior code § 5.02.077)