Chapter 5.01 — GENERAL LICENSING PROVISIONS

This title shall be known and may be cited as the "Business Regulation Ordinance of the Town of Paradise." (Ord. 129 §5.01.010, 1985)

The purpose of this title is to safeguard and protect the health, safety and welfare of the residents of the Town of Paradise by regulating the operation of certain businesses within the town. (Ord. 129 §5.01.020, 1985)

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, the words and phrases used in this title shall have the following meanings:

A.

"Administrative services director" means the director of administrative services department or his official designee.

B.

"Business" includes professions, trades and occupations and all and every kind of calling whether or not carried on for profit.

C.

"Fixed place of business" means a distinct place upon real property or a specific premises where commercial activity is lawfully conducted and where utility connections and other equipment or facilities associated with the activity are established with a high degree of permanence.

D.

"License year" means a twelve consecutive month period.

E.

"Sworn statement" means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.

F.

"Transacting" means the carrying on or engaging in, within the town, any business, trade, profession, calling, or occupation and includes within its meaning, all or any part of the operations necessary and incidental to the conduct of any business, including but not limited to any one or combination of the following: the taking of orders, excluding the taking of orders for resale; delivery of products; performance of services; maintenance of business office facilities; or actual conduct of the work. (Ord. 129 §5.01.030, 1985; Ord. No. 434, § 1, 3-8-2005)

A.

Persons, companies or corporations required to pay a license fee for transacting and carrying on any business under this title shall not be relieved from the payment of any license fee for the privilege of doing

such business required under any other ordinance of the town, and shall remain subject to the regulatory provisions of other ordinances.

B.

The issuance of a license under this title shall not entitle the licensee to engage in any business or do any act which, for any reason, is in violation of any federal, state, or municipal law, rule or regulation. (Ord. 129 §5.01.040, 1985)

None of the license fees provided for by this title 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 Constitutions of the United States and the State of California.

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, he may apply to the administrative services director for an adjustment of the fee. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall, by sworn statement and supporting testimony, show his method of business and the gross volume of business and such other information as the administrative services director may deem necessary in order to determine the extent, if any, of such undue burden or violation. The administrative services director shall then conduct an investigation, and, after having first obtained the written approval of the town attorney, shall fix as the license fee for the applicant, an amount that is reasonable and nondiscriminatory, or if the license fee has already been paid, shall order a refund of the amount over and above the license fee so fixed. In fixing the license fee to be charged, the administrative services director 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 on businesses of like nature, so long as the amount assessed does not exceed the license fee as prescribed by council resolution. (Ord. 129 §5.01.050, 1985)

A.

Nothing in this title shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state of California from the payment of such fees as are prescribed in this title.

B.

Any person claiming an exemption pursuant to this section shall file a sworn statement with the administrative services director stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the fees imposed by this title.

C.

The administrative services director shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the town of the license fee required by this title.

D.

The administrative services director, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided in this section. (Ord. 129 §5.01.060, 1985)

A.

Every person required to have a license pursuant to this title shall make an application therefor to the administrative services director upon such application form as may be prescribed.

B.

Each application for a business license shall be accompanied by an application fee, as set by council resolution, which shall be deposited to the town general fund and shall not be subject to refund. If the application is approved, this fee shall be credited against the full amount due for the business license.

C.

Every person applying for a license for the conduct of a business requiring a license from the state must present evidence of the issuance of such license to the administrative services director as a condition to issuance of such license. (Ord. 129 §5.01.070, 1985)

A.

Unless otherwise specifically provided, all license fees shall be payable annually hereunder and shall be due and payable in advance on the first day of January.

B.

All annual licenses issued under this chapter shall be effective on a calendar year basis, provided that license fees for new businesses within the town, commencing after its normal licensing month shall be prorated by the month for the balance of the licensing period. (Ord. 129 §5.01.080, 1985)

A license issued pursuant to this title may not be transferred from one licensee to another, nor from one location to another. (Ord. 129 §5.01.090, 1985)

A duplicate license may be issued by the administrative services director to replace any license previously issued under this chapter which has been lost or destroyed upon the licensee filing a statement of such fact, and at the time of filing such statement paying to the administrative services director a duplicate license fee as fixed by council resolution. (Ord. 129 §5.01.100, 1985)

A.

Any licensee transacting and carrying on business at a fixed place of business in the town shall keep the license posted in a conspicuous place upon the premises where such business is carried on.

B.

Any licensee transacting and carrying on business but not operating at a fixed place of business in the town shall keep the license upon his person at all times while transacting and carrying on the business for which it is issued. (Ord. 129 §5.01.110, 1985)

A.

Unless otherwise provided in this title, the following activities and organizations are exempt from payment of the license fee:

The conducting, managing, or carrying on of any business, occupation or activity, from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation.

The conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects, whenever all the receipts thereof are to be appropriated to any church or school or to any religious or benevolent purpose;

The conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, federal, state, county or municipal organization, or association, whenever the receipts of such are to be appropriated 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 an individual, firm or corporation.

B.

In making a determination as to the exemption status of any organization or activity under this chapter, the following criteria are to be considered by the administrative services director:

Whether the organization or activity has received or has formally applied for, tax exempt status from the State Franchise Tax Board and/or Internal Revenue Service where applicable;

Whether the proposed activity will not be in conflict with any provisions of this title, state or federal law.

For purposes of this section "charitable" means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported. Activities defined as "religious" or a "religion" does not mean and include the word "charitable" as defined in this section, but shall be given their commonly accepted definitions. (Ord. 129 §5.01.120, 1985)

It shall be the duty of the town manager or his/her designee and he/she is directed, to enforce each and all provisions of this title. The town manager, in the exercise of the duties imposed upon him/her under this title, and acting through deputies and agents duly authorized to assist, shall examine or cause to be examined all places of business in the town to ascertain whether the provisions of this title have been complied with. (Ord. 129 §5.01.130, 1985; Ord. No. 434, § 2, 3-8-2005)

The amount of any license fee and penalty imposed by the provisions of this title shall be deemed a debt to the town. An action may be commenced in the name of the town in any court of competent jurisdiction, for the amount of any delinquent license fee and penalties. (Ord. 129 §5.01.140, 1985)

All remedies prescribed under this title shall be cumulative and the use of one or more remedies by the town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 129 §5.01.150, 1985)

A.

Any business license issued under this title may be revoked or suspended at any time for any violation of law including a violation of any town ordinance, or violation of any term or condition of any issued license.

B.

Such license may be revoked permanently without possibility of reissuance upon subsequent application therefor, or the license may be revoked with the right to subsequently reapply for reissuance thereof upon terms and conditions specified therein, or such license may be suspended for a fixed period of time.

C.

The power to revoke or suspend a permit shall be and is vested in the administrative services director. (Ord. 129 §5.01.160, 1985)

A.

Any person aggrieved by the decision of the administrative services director with respect to the issuance or denial of a business license issued under this title or the suspension or revocation of a business license issued under this title, or any other matter arising under this title may appeal to the town manager by filing a written notice of appeal with the town manager within fifteen days after notice of the administrative services director's decision. The notice of appeal shall state briefly therein the grounds relied upon by the appellant.

B.

Any person aggrieved by the decision of the town manager on appeal may further appeal to the town council by filing a written notice with the town clerk, within ten days after notice of the town manager's decision.

C.

As soon as possible, but no later than thirty days after the filing of such notice, the town council shall fix a time and place for public hearing on such appeal, which hearing shall be held within thirty days after the date thereof has been so fixed.

D.

Written notice of the time and place of such hearing shall be given to the appellant by the town clerk either (1) by personally delivering to such appellant written notice thereof, or (2) by mailing such notice, by depositing the same in the United States Post Office in the town in a sealed envelope, postage prepaid, addressed to the appellant at his last known address.

E.

The council shall consider at the hearing such appeal and render a decision therein, which shall be final and conclusive upon all parties. (Ord. 129 §5.01.170, 1985)

All members and officers of the police department are appointed inspectors of licenses and in addition to their several other duties are required to examine all places of business in their respective jurisdiction liable to pay a license and see that such licenses are taken out and the license fee paid and they shall have and exercise the right to make arrests for the violation of any of the provisions of this title. (Ord. 129 §5.01.180, 1985)