Chapter 5.22 — BUSINESS LICENSE

The purpose of this chapter is to provide for and establish an annual business license program to promote and protect the health, safety and welfare of the citizens of the town by providing information about business activity being conducted within town limits. This chapter is not intended to impose any form of taxation on the business community nor to collect in fees more money than is necessary to recover the administrative costs of processing an application for the issuance or renewal of a business license certificate.

(Ord. No. 568, § 1, 3-13-2018)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

"Business" means any for-profit, nonprofit (with paid employees and a physical place of business), commercial, industrial, professional operation, occupation, home based business, work, trade, or any other business whether provided in a physical location or by a mobile service within the jurisdiction of the town, except the types of activities identified in Section 5.22.070.

B.

"Doing business" means conducting or carrying on an activity or enterprise by which goods or services are provided to others.

C.

"Home based business" means a home occupation or a residential rental project consisting of two (2) or more units.

(Ord. No. 568, § 1, 3-13-2018)

Notwithstanding any other provision of Title 5, all businesses doing business within the town jurisdiction shall register annually with the town. Existing businesses shall register no later than January 1, 2019. All new businesses shall register before conducting any activities or providing any goods or services within the town. After the initial license, each business shall renew their business license annually. A business operating in another city that has no physical location in town, but provides services to town residents or businesses shall be required to obtain a business license from the town. A business operating in another city which only provides deliveries to town residents or businesses shall be exempt from the requirements of this chapter.

(Ord. No. 568, § 1, 3-13-2018)

The business license required by this chapter shall be in addition to any other business license requirement of Title 5. All businesses shall provide the required information on the application, which shall include, but not be limited to, the following:

• Name of owner;

• Mailing and site address;

• Assessor's parcel number of business site;

• Contact name and phone numbers, including emergency contacts;

• Type of business/specific activities being conducted on premises;

• Alarm company contact (if applicable);

• Building security information (lights, back entries, etc.);

• Whether hazardous materials or chemicals will be used and/or stored at the business location;

• Such other and further information as is deemed necessary to enforce the laws described and administer provisions of this chapter.

(Ord. No. 568, § 1, 3-13-2018)

In instances where space within an office building, shopping center, warehouse, department store or other structure or property is leased for business or commercial use, each tenant of the premises operating an enterprise required to be licensed hereunder shall apply for and obtain a general business license; provided, that aggregations of identical businesses (such as, but not limited to, antique malls, barber and beauty salons, offices housing multiple independent agents such as insurance or real estate, or other similar enterprises) in one location shall require only one general business license for the location.

When a particular business has more than one fixed location or branch within the incorporated area, a separate general business license shall be required for each location or branch.

(Ord. No. 568, § 1, 3-13-2018)

All new license applicants shall pay a forty dollar ($40.00) administrative fee to the town. All renewal license applicants shall pay a twenty-five dollar ($25.00) annual administrative fee to the town. The annual fee shall not be increased except by amendment of this section. Any business that obtains a license prior to July 1 ,2019 shall be exempt from paying the forty dollar ($40.00) fee, but shall be required to renew their license annually and pay the twenty-five dollar ($25.00) fee. A business that is required to obtain a special license under another chapter of this Title 5 shall be exempt from paying the fee under this section. A home-based business that is operated entirely out of a place of residence shall be exempt from paying the fee under this section. A financial institution that pays the bank and corporation tax to the State of California shall be exempt from paying the fee under this section. A church shall be exempt from paying the fee under this section.

(Ord. No. 574, § 1, 1-23-2019; Ord. No. 568, § 1, 3-13-2018)

A business license shall not be required for, and the provisions of this chapter shall not be otherwise applicable to the following enterprises:

A.

Libraries: Libraries, whether publicly or privately operated, are exempt from the requirements of this chapter.

B.

Agriculture: The following agricultural activities are exempt: agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce, and the marketing of farm products; provided, however, that a general business license shall be required in connection with any wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution.

C.

Businesses located outside Paradise, that deliver to Paradise addresses, but provide no other service: A business located outside the town limits that delivers products to Paradise addresses, but provides no other service shall be exempt.

D.

Service clubs: Groups identified as service clubs, whose membership is made of up of volunteers and who gather to serve their community and whose aim is to promote community welfare shall be exempt. This includes groups such as the Benevolent and Protective Order of the Elks, Moose International, local garden clubs, scouting organizations, etc.

E.

Nonprofit organizations with no paid employees or physical place of business: Nonprofit tax-exempt organizations that do not have paid employees, or which do not have a physical place of business shall be exempt from obtaining a business license.

F.

Vendors at community events: Vendors who participate in town approved and permitted events shall be exempt from obtaining a business license.

G.

Residential rental properties: Residential rental properties with no more than one unit shall be exempt from obtaining a business license.

H.

Persons exempt from business license fees pursuant to federal or state law.

(Ord. No. 568, § 1, 3-13-2018)

It shall be unlawful and an infraction for any person to violate this chapter. If a person is found guilty of violating this chapter, the fine shall be in accordance with Government Code Section 36900.

(Ord. No. 568, § 1, 3-13-2018)