Chapter 5.04 — BUSINESS LICENSES GENERALLY

State Law reference— Cities authorized to license for revenue and regulation purposes, Government Code § 37101; cities authorized to license businesses in the exercise of the police power and for purposes of regulation, Business and Professions Code §§ 16000—16003.

It is unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person or for any body corporate, or as an officer of any corporation, or otherwise, to commence or carry on any business, show, exhibition or game, in this title specified, in the city without first having procured a license from the city to do so or without complying with any and all regulations of such business, show, exhibition or game contained in this title; and the carrying on of any such business, show, exhibition or game contained in this title without having first procured a license from the city to do so, or without complying with any and all regulations of such business, show, exhibition or game contained in this title shall constitute a separate violation of this title for each and every day that such business, show, exhibition or game is so carried on.

(Code 1972, § 5.04.010; Ord. No. 74, § 1, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949)

The amount of any license imposed in this title is deemed a debt due the city from the person required to pay the same and an immediate cause of action shall accrue to the city for the collection thereof in any court of competent jurisdiction.

(Code 1972, § 5.04.020; Ord. No. 74, § 2, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949)

(a)

Before any license is issued to any person, firm or corporation, such firm or corporation, or person shall make application therefor to the finance department. Such application shall require, to the extent relevant and possible, the following information:

(1)

Business name;

(2)

Business and mailing address;

(3)

Business phone number;

(4)

Type of business;

(5)

Business start date;

(6)

Owner's/corporate official's name;

(7)

Owner's/corporation's address;

(8)

Owner's driver's license number;

(9)

Owner's birth date;

(10)

Owner's social security number;

(11)

State board of equalization number;

(12)

Employer identification number (both federal and state);

(13)

Description of business activity.

(b)

No license shall be issued to any person, firm or corporation or partnership conducting or carrying on any business, show, exhibition or game, under a fictitious name, unless an affidavit is filed in the office of the finance director showing the true name of the owners of such business, show, exhibition or game; provided, however, that such license may be issued in the true name or names of the owners of such business, show, exhibition or game without the filing of such affidavit.

(Code 1972, § 5.04.030; Ord. No. 74, § 3, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949; Ord. No. 1009, §§ 1(part), 2(part), 1995; Ord. No. 1037, § 4, 1996)

No license granted or issued under the provisions of this title shall be in any manner transferred or assigned without authorization of the city, nor shall it authorize any person, firm or corporation other than the therein mentioned or named to do so without the written consent of the finance director endorsed thereon. At the time any such license is assigned or transferred the person applying for such transfer or assignment shall make application for a license as provided in section 5.04.030.

(Code 1972, § 5.04.040; Ord. No. 74, § 3, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949; Ord. No. 384, § 3(c)(part), 1972; Ord. No. 1009, §§ 1(part), 2(part), 1995)

(a)

All licenses shall be paid in advance, in legal currency of the United States, at the office of the finance director.

(b)

A separate license must be obtained for each branch established or a separate place of business in which business, show, exhibition or game is carried on and each license shall authorize the party obtaining it to carry on, pursue or conduct only that business, show, exhibition or game described in such license, and which is indicated thereby; provided further, that where a license is herein imposed upon any business, show, exhibition or game, and the number of persons employed in such business is made the basis for fixing the amount of such license, a separate license tax shall be paid for each branch, establishment or place of business, in which the business, show, exhibition or game is carried on, based upon the number of persons employed in each such branch, establishment or separate place of business.

(c)

The monthly license provided for in this title shall be due and payable to the city on the first of each calendar month, in advance, from all persons who have for or during the previous month been licensed to carry on the same business, show, exhibition or game, and from all persons who have not been licensed for

the previous month for the game, business, show or exhibition, the license shall be due and payable and must be procured by such persons before commencing to carry on such business, show, exhibition or game.

(d)

The quarterly license provided for in this title shall be due and payable to the city on the first day of July, October, January and April, and shall expire with the last days of June, September, December and March of each year, but the first quarterly license issued to any person as herein provided shall be issued for the unexpired one-third of the current quarter at the pro rata rate; provided, however, that any firm, person or corporation desiring to do so, may pay for and secure all four quarterly licenses at the time the first quarterly license becomes due and payable under the provisions of this title.

(e)

The daily and weekly license in this title shall be due and payable to the city in advance.

(f)

The semiannual license provided for in this title shall be due and payable to the city at the times specified herein respectively or when not so specified, on the first day of July and January of each year, but the first semi-annual license issued to any person herein provided shall be issued for the unexpired period of such half year at the pro rata rate, except as herein otherwise provided.

(g)

The annual license provided for in this title shall be due and payable to the city at the times specified herein respectively, or when not so specified, on the first day of January or July of each year, but the first annual license issued shall be for the unexpired period of such year at the pro rata rate, except as herein otherwise provided.

(h)

The licenses provided for in this title, whether daily, monthly, quarterly, semiannually or annually shall be due and payable to the city in advance, on the dates hereinabove specified, at the office of the finance department. The following penalties shall be added to the amount of each license remaining unpaid after it becomes due: 25 percent for the first month; 35 percent for the second month; and 50 percent thereafter.

(Code 1972, § 5.04.050; Ord. No. 74, § 5, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949; Ord. 384 §§ 2(part), 3(c)(part), 1972; Ord. No. 1009, §§ 1(part), 2(part), 1995; Ord. No. 1037, §§ 5, 6, 1996)

(a)

Every person, firm or corporation having a license under the provisions of this title and carrying on a business, show, exhibition or game, at a fixed place of business, shall keep such a license posted and exhibited, while in force, in some conspicuous place or part of said place of business.

(b)

Every person having a license and not having a fixed place of business shall carry such license with him at all times while carrying on the business, show, exhibition or game, for which the same is granted; provided that the license for any truck, automobile or vehicle shall have a suitable tag provided by the city, and placed in a conspicuous part of such truck, automobile or vehicle.

(c)

Every person, firm or corporation having a license under the provisions of this title shall produce and exhibit the same, when applying for a renewal thereof, and whenever requested to do so by a police officer, or by any officer authorized to issue, inspect or collect licenses.

(Code 1972, § 5.04.060; Ord. No. 74, § 6, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949)

The conviction and punishment of any person for transacting any business, show, exhibition or game, without a license, shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this title.

(Code 1972, § 5.04.080; Ord. No. 74, § 8, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949)

A violation of this title is an infraction and punishable as provided in section 1.16.010.

(Code 1972, § 5.04.090; Ord. No. 608, §§ 1(part), 2(part), 1984)

The granting of a license for carrying on any business, show, exhibition or game, as provided in this title, shall not be deemed a permit to conduct the same in an unlawful manner or at a place prohibited by law or the ordinances of the city.

(Code 1972, § 5.04.100; Ord. No. 74, § 89, 1928; Ord. No. 93, § 1(part), 1937; Ord. No. 151, § 2(part), 1949)

The city council may upon good cause being shown satisfactory to it order the issuance of a license to any one applying to the city council at a regular meeting thereof for less than the amount herein provided or without the payment of any amount whatever but any license so issued under the terms of this section will expire at the end of the term for which it is issued and shall not be renewed except at the regular rate or upon showing to the city council that good cause exists for its renewal and said renewal being ordered by the city council.

(Code 1972, § 5.04.110; Ord. No. 93, § 21, 1937)

Editor's note— Ord. No. 1388, § 8, adopted February 11, 2020, repealed § 5.04.120, which pertained to permit; food vehicle and derived from Code 1972, § 5.04.120; Ord. No. 93, § 22, 1937.

(a)

The requirements of title 5 shall not apply to any participants or vendors (whether businesses or natural persons) in any of the following city-sponsored events:

(1)

Annual holiday parade;

(2)

Summer concerts in the park series;

(3)

Rods n' rails/potato festival;

(4)

Black history month parade and exposition;

(5)

Halloween festival; and

(6)

Any other city-sponsored event which the city council in its discretion may designate by resolution following adoption of the ordinance codified in this chapter.

(b)

Nothing in subsection (a) of this section shall eliminate the responsibility of participants or vendors to comply with other applicable provisions of this Code or laws of the state relating to the conduct of business or sales within the city, or the requirements imposed by the city for rental of spaces or booths at any of the events listed in subsections (a)(1) through (6) of this section.

(Code 1972, § 5.04.130; Ord. No. 1185, § 2, 2006)