Chapter 3.64 — ENFORCEMENT — Palm Springs Municipal Code

§ 3.64.010. Cumulative remedies—Punishment—Collection.¶

The conviction and punishment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license fee due and unpaid at the time of such conviction, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this code. Any business violating any of the provisions or failing to comply with any of the provisions of the Palm Springs Municipal Code or any Emergency Order shall be subject to business license revocation proceedings, pursuant to Chapter 3.64 of this code. All remedies prescribed hereunder shall be cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this title, or any other provisions of this code. Nothing contained in this Code shall be deemed to create a mandatory duty on the part of the City or any of its officers or employees to enforce this Division or enforce it in any particular manner.

(Prior code § 2141; Ord. 908 § 2, 1971; Ord. 2026 § 13, 2020)

§ 3.64.020. Criminal prosecution.¶

Nothing herein shall prevent a criminal prosecution for any violation of the provisions of this code.

(Prior code § 2142; Ord. 908 § 2, 1971)

§ 3.64.030. Showing of license.¶

Every person having a license 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. (Prior code § 2143; Ord. 908 § 2, 1971)

§ 3.64.040. Posting and keeping of licenses.¶

All licenses shall be kept and posted in the following manner; and no person having a duty to do so, shall fail, refuse or neglect to comply with the following regulations:

(1) Any licensee transacting and carrying on a business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on;
(2) Any licensee transacting and carrying on business, but not operating in a fixed place of business in the city, shall keep the license upon his person at all times while transacting and carrying on such business within the city;
(3) Any licensee using a motor vehicle in connection with his business shall affix decal to the right hand lower corner of the windshield of such vehicle; said decal to be furnished by the city, showing that a license has been issued.
(Prior code § 2144; Ord. 908 § 2, 1971)

§ 3.64.050. Error in tax nonprejudicial.¶

In no case shall any mistake by any officer or employee of the city in stating the amount of a

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City of Palm Springs, CA § 3.64.050

REVENUE AND FINANCE

§ 3.64.070

license tax prevent or prejudice the collection by the city of what should be actually due from any person carrying on a business subject to a license under the provisions of this title. (Prior code § 2145; Ord. 908 § 2, 1971)

§ 3.64.060. Error in issuance of license.¶

The city shall not be bound by the mistake of any officer or employee of the city in issuing a license contrary to the terms of this title.

(Prior code § 2146; Ord. 908 § 2, 1971)

§ 3.64.070. Modification, suspension, or revocation.¶

Any business license issued by the city may be conditioned, modified, suspended, or revoked for cause by the Collector pursuant to this section.

A. A hearing to determine whether or not an existing license should be conditioned, modified, suspended, or revoked shall be initiated by a written statement of charges. Such statement may be initiated by any department authorized to regulate the licensed activity for compliance with city laws and regulations. Such statement shall be submitted to the Collector.
B. If the Collector determines that a hearing is warranted, notice of said hearing, including the date, time and location, shall be made to the licensee as follows:
1. Notice shall be mailed, postage prepaid, to the business.
2. If the business maintains a physical location within the City, notice of the hearing shall be posted on the site at which the business is located.
C. A revocation hearing shall include the following procedure:
1. The hearing shall be heard by the Collector or the Collector's designee.
2. The licensee or legal representative of the licensee shall have the right to bring witnesses to testify on his or her behalf.
3. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.
4. The collector shall issue his or her decision by written decision. The decision shall contain a determination of the issues presented.
D. The Collector may condition, modify, suspend, or revoke a business license for any business activity required to be licensed under this division if the Collector finds one or more of the following:
1. That the building, structure, or equipment used in the conduct of the business does not comply with or fails to meet any health, zoning, fire, and building and safety laws of the state of California or any City ordinances;
2. That the licensee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record to be filed with the City;

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 3.64.070

That the licensee has violated any provision the Palm Springs Municipal Code or any Emergency Order;
That the licensee has violated any conditions or restrictions of the license;
That the licensee has been held liable or convicted of any offense involving the maintenance of a nuisance resulting from any act performed in the exercise of any rights permitted by the issuance of the subject license;
That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee's business;
That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public.

E.
- Business license suspension or revocation shall have the following effects:

No business license fee refunds shall be issued to any licensee upon revocation of a business license.
1. Upon revocation of any business license for cause under this chapter, no business license to operate the same business activity shall be granted to the same person or business within one year after such revocation.
2. Whenever a license is suspended or revoked, the collector shall take into possession the business license for the subject business activity. The licensee shall surrender the business license, license stickers, or similar evidence of a license to the collector.
3. Upon revocation or suspension of a business license, the licensee shall cease operation of the business activity immediately, and any further operation shall be unlawful. Except as otherwise provided, in the event that the license is suspended, the licensee may resume operation once the suspension period has expired.

(Ord. 2026 § 14, 2020)

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City of Palm Springs, CA

REVENUE AND FINANCE

§ 3.68.010

CHAPTER 3.68 APPEALS