Chapter 5.10 — LICENSE REGULATIONS

A.

No person shall engage in any business for which a license is required without having taken out the proper license as prescribed in Chapters 5.04 through 5.16 and without complying with all regulations applicable to the business.

B.

This section shall not be construed to require any person to obtain a license prior to engaging in business within the city if such requirement conflicts with applicable statutes of the United States or of the state.

C.

Persons not required to obtain a license prior to engaging in business within the city because of conflict with applicable statutes or constitutional provisions of the United States or of the state shall not be liable for payment of the tax imposed by this title.

D.

No license shall be issued hereunder until all applicable regulations under other portions of Chapters 5.04 through 5.16 or under other ordinances have been complied with.

(Ord. 4747 § 3.02, 1966)

A.

Except as otherwise provided herein, a separate license must be obtained for each branch establishment or location of the business transacted and carried on 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 or in the manner designated in such license. Warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this title are not deemed to be a separate place of business or branch establishment.

B.

In the case of manufacturing and utility services, all locations in the city which are part of 1 business and whose operation is related solely to such licensed business are not deemed to be a separate place of business or branch establishment.

C.

Any person conducting several businesses at 1 location may obtain a license for the principal business and include all others therein, in which event the license tax will be based on the classification and schedule applicable to the principal business.

(Ord. 4747 § 3.03, 1966)

A.

Notwithstanding any other provision of this code, every person who owns or operates any amusement, vending, music, game, automatic service or other machine in connection with any other business required to be licensed under Chapters 5.04 through 5.16 shall pay an additional business license tax for each such device at the rates prescribed for the business of operating such machines. The maximum tax specified in Section 5.04.040 shall not apply to the additional business license tax on such machines.

B.

Notwithstanding any other provisions of this code, every person engaged in a business required to have a retail off-sale license from the Department of Alcoholic Beverage Control shall pay, in addition to any other business license tax required under Chapters 5.04 through 5.16, an additional annual business license tax of $500.00. This license year for such tax shall commence September 1st.

The $500.00 additional annual business license tax shall not apply to any business which meets the following criteria:

Liquor, beer or wine is not the primary product of the business;

The gross annual sales attributable to liquor, beer or wine sales is 1% or less;

There is no floor space in the establishment devoted to sales of beer, wine or liquor and such products are not advertised for sale separately from the primary product of the business;

The burden of proof shall be on the person seeking the exemption to demonstrate to the satisfaction of the licensing supervisor that all of the foregoing criteria are met.

(Ord. 6217 § 1, 1987; Ord. 6163 § 2, 1986: Ord. 6113 § 3, 1985: Ord. 4747 § 3.04, 1966)

Every person who operates any business, whether upon a cost, rental or commission basis, as a concession, or upon rented floor space in or upon the premises of any person licensed under any provisions of Chapters 5.04 through 5.16, shall be required to obtain a separate and independent license pursuant to Chapters 5.04 through 5.16.

(Ord. 4747 § 3.05, 1966)

A.

Every person making application for a license to be issued hereunder for a newly established business shall furnish to the license collector for his guidance in ascertaining the amount of license tax to be paid by the applicant, a signed written statement, upon a form provided by the license collector, setting forth such information as may be required therein and as may be necessary to estimate the amount of the license tax to be paid by the applicant.

B.

Such estimates, if accepted by the license collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within 30 days after the expiration of the period for which such license was issued, furnish to the license collector written information showing the average number of persons employed during the period of such license, or such other applicable information as may be required, and the license tax for such period shall be finally ascertained and paid within 30 days after final determination or, if in excess of the amount due, the excess amount shall be credited against the renewal license.

C.

The license collector shall not issue to any such person a license for the same or any other business, until such person has furnished to him the written statement and paid the license tax as herein required.

(Ord. 4747 § 3.06, 1966)

In all cases, the applicant for the renewal of a license shall submit to the license collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement under oath or penalty of perjury, upon a form to be provided by the license collector setting forth the average number of persons employed during the preceding year, or such other applicable information as may be required.

(Ord. 4747 § 3.07, 1966)

No license shall be issued to engage in any business when the provisions of Chapters 5.04 through 5.16 or other ordinance of this city, require a permit to be obtained as a prerequisite to engaging in such business, until such permit is first obtained. Any license issued in violation of this section is void.

(Ord. 4747 § 3.08, 1966)

A.

No license issued pursuant to Chapters 5.04 through 5.16, or the payment of any tax required hereunder, shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner.

B.

The payment of a license tax required by the provisions of Chapters 5.04 through 5.16, and its acceptance by city and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he has complied with all the requirements of Chapters 5.04 through 5.16 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 such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law.

(Ord. 4747 § 3.09, 1966)

When any provision of Chapters 5.04 through 5.16 or other ordinance of this city requires a permit to be obtained as a prerequisite to the issuance of a license to engage in any business, and the code or ordinance does not set out the fee to be paid for an investigation into the character, reputation, record or ability of the applicant, a fee of $5.50 shall be charged for such investigation, and the full amount retained by city, whether such permit is granted or denied.

(Ord. 5221 § 1, 1975; Ord. 4747 § 3.10, 1966)

All licenses shall be prepared and issued by the license collector. Each license shall state upon its face the following:

A.

The person to whom issued and the name under which the business is conducted;

B.

The kind of business licensed thereby;

C.

The location of the business;

D.

The expiration date of the license;

E.

Such other information as shall be deemed necessary by the license collector unless otherwise provided in this chapter.

(Ord. 4747 § 3.11, 1966)

A.

Unless otherwise provided, the first business license issued to any person under the provisions of the ordinance codified in Chapters 5.04 through 5. 16 shall be prorated from the 1st day of the quarter of the license year in which applied for to the end of the license year fixed for such classification. Thereafter, the license of such applicant shall be renewed on an annual basis.

B.

Any tax collected under the ordinance codified in Chapters 5.04 through 5.16 shall be prorated and a partial refund made to the licensee if the business ceases for the remaining portion of the license year because of the acquisition for public use of the premises upon which the licensed business is conducted.

(Ord. 5071 § 1, 1972; Ord. 4747 § 3.13, 1966)

A.

No statements shall be conclusive as to the matters set forth therein, nor shall the filing thereof preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the license collector, his deputies or authorized employees of the city, who are authorized to examine, audit and inspect such financial books and records of any licensee or applicant for license, as may be necessary to verify or ascertain the amount of license tax due, in the specific classification.

B.

All licensees, applicants for licenses and persons engaged in business in the city are required to permit an examination of such books and records for the purposes and under conditions aforesaid.

(Ord. 4747 § 3.14, 1966)

A.

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

B.

If such a determination is made, the license collector shall issue a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Pasadena, California, postage prepaid, addressed to the person so assessed at his last known address. The person may appeal the determination to the board of directors within 15 days after the mailing or serving of such notice in the manner provided in Chapters 5.04 through 5.16.

(Ord. 4747 § 3.15, 1966)

Persons required to pay a license tax for engaging in business under Chapters 5.04 through 5.16 shall not be relieved from the payment of any license tax or permit fee for the privilege of doing such business legally required under any provisions of other city ordinances, except as specifically exempt in Chapters 5.04 through 5.16.

(Ord. 4747 § 3.16, 1966)

A.

Nothing in Chapters 5.04 through 5.16 shall be deemed or construed to apply to any person engaged in business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment to municipal corporations of such taxes as are herein prescribed.

B.

Unless otherwise provided herein, no religious, governmental or nonprofit association or institution or any business engaged in which is exempt from real property taxation under either Article XIII of the Constitution or the Revenue and Taxation Code of the state, shall be required to pay a tax for a license obtained in compliance with Chapters 5.04 through 5.16.

C.

Any person claiming an exemption pursuant to this section shall file a verified statement with the license collector stating the facts upon which exemption is claimed.

D.

The license collector shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by Chapter 5.04 and this chapter.

E.

The license collector, 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 herein.

(Ord. 4856 § 1, 1968; Ord. 4747 § 3.17, 1966)

A.

The determination of which business or type or class of business a licensee or applicant is engaged in or the determination of the average number of persons employed or such other bases as may be required for computation of the tax to be paid hereunder shall be an administrative function of the license collector.

B.

If a licensee or applicant believes that his business is not assigned to the proper classification under Chapters 5.04 through 5.16 because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply to the license collector for reclassification. The application shall contain such information as the license collector deems necessary and requires to determine whether the applicant's individual business is properly classified. The license collector may conduct an investigation following which he shall assign the business to the classification shown to be proper on the basis of his investigation.

C.

The license collector shall notify the applicant of the action taken on the application for reclassification. Notice shall be given by serving it personally or by depositing it in the United States Post Office at Pasadena, California, postage prepaid, addressed to the applicant at his last known address. The applicant may appeal such action to the board of directors within 15 days after the mailing or serving of such notice in the manner provided in Chapters 5.04 through 5.16.

(Ord. 4821 § 3, 1967; Ord. 4747 § 3.18, 1966)

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

A.

Any licensee engaged in 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.

B.

Any licensee engaged in business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while engaged in business within the city.

C.

Any licensee to whom a vehicle permit sticker is issued for a motor vehicle used in connection with the business, including businesses licensed under Section 5.16.120 or 5.16.180 of this code, shall display the vehicle permit sticker on the rear of the vehicle showing that a license has been issued.

D.

If a license card is issued by the license collector, the display of a license card may be used to satisfy the requirements of subsection A or B of this section.

E.

Failure to post, display or to produce any license, sticker or card as required by this section shall be a violation of this section and subject to the administrative procedures set forth in Chapters 1.25 and 1.26 of this code, including, but without limitation, civil penalties, late payment penalties, administrative fees and other related charges.

(Ord. 7023 § 2, 2006: Ord. 4747 § 3.19, 1966)

The duration of any license issued under the provisions of Chapters 5.04 through 5.16 shall be limited as follows:

A.

If the license tax is annual, the license shall expire at midnight on the last day of the license year as specified in this code.

B.

If the license tax is a daily tax, the license shall expire at midnight of the day for which the license was issued.

(Ord. 4747 § 3.20, 1966)

Licenses issued under Chapters 5.04 through 5.16 of this title to engage in a particular business shall be transferable. No transfer necessitated by a change in ownership shall be made unless the endorsements of the transferor and the transferee are made on the license form and a transfer fee of $20.10 is paid. No transfer fee shall be required if the licensee and the business licensed remain the same.

(Ord. 6113 § 4, 1985: Ord. 5221 § 2, 1975; Ord. 5084 § 1, 1972; Ord. 4821 § 4, 1967; Ord. 4747 § 3.21, 1966)

No person licensed hereunder shall engage in business at a different location or under a different name from the name under which the license is issued, until a license transfer has been obtained from the license collector.

(Ord. 4821 § 5, 1967; Ord. 4747 § 3.22, 1966)

A duplicate license or motor vehicle metal plate may be issued by the license collector to replace any license or plate previously issued hereunder which has been lost or destroyed, upon the licensee filing an affidavit of such fact, and paying to the license collector a fee of $2.40.

(Ord. 5221 § 3, 1975; Ord. 5084 § 2, 1972; Ord. 4747 § 3.23, 1966)

Any person aggrieved by any decision of the license collector or of any other officer of the city made pursuant to the provisions of Chapters 5.04 through 5.16 may appeal therefrom to the board of directors within 15 days after notice thereof, by filing with the city clerk a written notice of appeal, briefly stating in such notice the grounds relied upon for appeal. If such appeal is made within the time prescribed, the city clerk shall cause the matter to be set for hearing before the board of directors within 30 days from the date of receipt of such notice of appeal, giving the appellant, the license collector and any other interested person not less than 10 days' written notice of the time and place of hearing. The findings and determination of the board of directors at such hearing shall be final and conclusive, and within 3 days after the findings and determination are made, the city clerk shall give notice thereof to the appellant and the license collector.

(Ord. 4747 § 3.33, 1966)

For failure to pay a license tax when due, the license collector shall add a penalty of 25 percent of the original license tax on the last day of each month after the due date; provided, that the total penalty to be added shall in no event exceed 100 percent of the amount of the original license tax. In addition, interest shall accrue on any unpaid balance at the rate of 1.5 percent per month.

(Ord. 6400 § 4, 1990: Ord. 4747 § 3.34, 1966)

The conviction and punishment of any person for engaging in business without first obtaining a license to engage in such business shall not relieve such person from paying the license tax and penalty due and unpaid at the time of such conviction, nor shall the payment of any license tax prevent a criminal prosecution for wilful violation of any provision of Chapters 5.04 through 5.16 of this title. All remedies prescribed in this title are 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 Chapters 5.04 through 5.16.

(Ord. 6113 § 5, 1985: Ord. 4747 § 3.35, 1966)

There is established an inspection fee to recover the cost of conducting an inspection of noncomplying businesses. The board by resolution shall set the amount of such fee.

(Ord. 6400 § 5, 1990)