Sec. 15.2. - Business license requirements.

(1)

Business license required; compliance with regulations. It is unlawful for any person (whether as principal or agent, clerk or employee, either for him/herself of [or] any other person, or for a corporation, or as officer of any corporation, or as member of any firm, or co-partnership, or otherwise) to commence, practice, transact or carry on any trade, calling, profession, occupation or business in this chapter specified without having first procured a license from the City of Oceanside so to do; or without complying with any and all regulations of such trade, calling, profession, occupation or business designated and contained in this chapter.

(2)

Compliance of state laws or regulations. As a prerequisite to initial issuance of a business license, an applicant shall be in compliance with all state laws or regulations relating to the public welfare and in compliance with all applicable city building, fire and health codes, urban run off and discharge control regulations and requirements and ordinances. For the purposes of this chapter, the term "building code" shall include the city electrical, mechanical and plumbing codes.

(3)

Application; first license. Upon a person making application for the first license to be issued hereunder or for a newly established business, such person shall furnish to the business license division a sworn statement, upon a form provided by the business license division, setting forth the following information:

(a)

The exact nature or kind of business for which a license is requested; name of owners partnership or Inc.;

(b)

The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same;

(c)

In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning said businesses;

(d)

In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;

(e)

The urban runoff information form shall be currently completed and signed;

(f)

Any further information, which the business license division may require to enable the business license division to issue the type of license applied for. The business license division shall not issue to any such person a business license, until such person shall have furnished the sworn statement and paid the business license tax and fees as herein required.

(4)

Renewal license. In all cases, the applicant for the renewal of a license shall submit to the business license division, the amount of the license tax to be paid by the applicant, and a sworn statement, upon a form to be provided by the business license division, setting forth such information concerning the applicant's business during the preceding twelve-month accounting period as may be required by the business license division to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this chapter. If there is any change in the information provided in the application or urban runoff information form on file with the city, a new application or urban runoff information form shall be completed and signed.

(5)

License fee and license tax; does not permit business otherwise prohibited. Anyone who applies for or renews a business license shall pay an administrative fee for the license as prescribed by this chapter. The license tax prescribed by this chapter is for revenue purposes. The payment of a license fee and a license tax required by the provisions of this chapter and its acceptance by the city and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he/she has complied with all the requirements of this Code and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law.

(6)

Separate licenses for branches; scope of licenses. A separate license must be obtained for each branch establishment or separate place of business in which any trade, calling, profession, occupation or business is practiced, transacted, or carried on; and each license issued shall authorize the person, firm, company or corporation obtaining it to practice, transact, carry on, pursue or conduct only that trade, calling, profession, occupation or business described in such license, and only at the location or place of business therein described.

(7)

Businesses conducted together; gross receipts. Whenever two (2) or more businesses or occupations are conducted in the same location and under the same management and the amount of the license tax herein provided to be paid on said business or occupation is based on the gross sales thereof, only one license shall be required, and the amount of the license tax shall be computed and paid on the total gross receipts.

(8)

Posting of license. Every person, firm, company or corporation having a license under the provisions of this chapter, and carrying on a trade, calling, profession, occupation or business at a fixed place of business, shall keep such license posted and exhibited, while in force, in some conspicuous part of said place of business.

(9)

Carrying of license. Every person having such a license, and not having a fixed place of business, shall carry such license with him/her at all times while carrying on the trade, calling, profession, occupation or business for which the same was granted.

(10)

Exhibition of license upon renewal or request. Every person, firm, company or corporation having a license under the provisions of this chapter shall produce and exhibit the same whenever requested to do so by any police officer or by any officer authorized to issue, inspect or collect licenses.

(11)

Display of the decal on vehicle. Every vehicle for which a decal is required shall display said decal, issued by the city, on the lower right side of the passenger windshield. The decals shall be in the form and color as determined by the business license division.

(12)

Decals for subsequently acquired vehicles. If, subsequent to the issuance of any business license and prior to its expiration date, any licensee shall acquire a vehicle to replace the vehicle for which a decal had been issued, he/she shall procure a decal for the new vehicle from the business license division. Such decals shall be furnished without cost upon satisfactory proof of ownership of such vehicle by the licensee and proof that the new vehicle replaces the previously decaled vehicle.

(Ord. No. 02-OR674-1, § 1, 10-9-02)