Redding Municipal Code Ch. 6.02 Business Licenses

Unless it is apparent from the context that another meaning is intended, the following words, when used in this title, shall have the following meanings:

A. "Advertising by vehicle" means the business of operating upon the streets, any wheeled vehicle equipped with music or a musical device, loudspeaker or other device for attracting attention, or operating upon the streets any wheeled vehicle for advertising purposes and to which wheeled vehicle there are attached signs, placards, billboards or other advertising matter.

B. "Business" means professions, trades, lessors, occupations, and all and every kind of calling carried on for profit or livelihood where the gross income is one thousand two hundred fifty dollars or more per quarter, or five thousand dollars or more per calendar year.

C. "Business by vehicle" means the business of running, driving or operating any automobile, automobile truck, automobile tank wagon or any vehicle used for transportation, selling, collection or delivery of goods, wares, merchandise or other personal property of any kind from a vehicle, either as a principal business, or in connection with any other business, or of soliciting for work, labor or services to be performed upon the public streets in or from a vehicle, or to be performed on goods, wares or other personal property to be taken for such purpose to a plant or establishment inside or outside of the city limits. The term shall not be deemed to apply to the delivery of goods, wares or merchandise purchased by retail merchants in the city at wholesale prices and delivered to the merchants in the city for resale by them for use or consumption by the public off the premises, nor to persons operating such vehicles together and in conjunction with a fixed place of business within the city for which business a license fee is paid under this chapter.

The provisions of this chapter are not to be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distribution between those maintaining a fixed place of business in the conduct of which vehicles are used and those maintaining a business in which vehicles are used, but who do not have a fixed place of business in the city.

D. "Employed" means engaged or employed as an employee in a business which is subject to regulation under this chapter.

E. "Employees" means all persons engaged in the operation or conduct of any business, whether as owner, a member of the owner's family, partner, agent, manager, solicitor, or salesman, regardless of the basis of compensation, and any and all persons employed in such business.

F. "Engaged in business" means the conducting, managing or carrying on of any profession, trade, calling, occupation or commercial enterprise in the city for which a license is required under the provisions of this chapter as owner, officer, agent, manager, employee, servant or lessee of any of them.

G. "Licensee" means any persons to whom a license has been issued under this chapter.

H. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, foreign or domestic.

I. "Rental units" means rooms in a roominghouse or boardinghouse, rooms in a motel or hotel, units in an apartment building, units in a bungalow court or duplex, spaces in a mobile home or travel trailer park, single-family dwellings, commercial units, and floor space in all of one or more commercial buildings.

J. "Residential" means any house, duplex, apartment, motel, hotel, inn, lodge, rooming house or trailer park.

(Ord. 2149 § 1 (I), 1996; Ord. 2072 § 1, 1993; Ord. 1935 § 1 (I), 1990; prior code § 17-1)

It is unlawful for any person to be engaged in business in the city without having a valid license from the city to do so, in compliance with any and all regulations contained in this chapter pertaining to the business, unless the person is exempt under the provisions of this chapter. No person who is an employee, or the direct representative of a licensee, shall be required to pay a license fee for doing any part of the work of the licensee.

(Ord. 2149 § 1 (II (part)), 1996: Ord. 1935 § 1 (II), 1990; prior code § 17-2)

Separate licenses must be obtained for each branch, establishment or separate place of business in which the business is carried on. Separate licenses must be obtained for each kind or class of business carried on at each location.

(Ord. 2149 § 1 (II (part)), 1996: prior code § 17-3)

The issuance of a license under this code or any other ordinance shall not entitle the licensee to engage in any business which for any reason is in violation of any law, this code or other ordinance.

(Prior code § 17-4)

A. Every person required to have a license under the provisions of this chapter shall make application for the license to the city clerk, and upon the payment of the prescribed fee, the city clerk shall issue to the person a license which shall contain the following:

1. The name of the person to whom the license is issued;

2. The business licensed;

3. The place where the business is to be transacted and carried on;

4. The date of the expiration of the license; and

5. Such other information as may be necessary for the enforcement of the provisions of this chapter.

B. The city clerk must affix the official seal to, number, and imprint the clerk's signature on all licenses.

C. If any person claims he is exempt from obtaining a license because his gross income is less than one thousand two hundred fifty dollars per quarter or five thousand dollars per calendar year, he must provide written proof thereof to the city clerk in the form of tax returns, audited financial records, or equivalent documentation.

(Ord. 2072 § 2, 1993; Ord. 1935 § 1 (III), 1990; prior code § 17-8)

No license issued under the provisions of this chapter shall be transferred or assigned, nor shall any license be construed as authorizing any person other than the licensee, to engage in the licensed business.

(Prior code § 17-11)

The city clerk shall maintain adequate records of all matters pertaining to the licenses mentioned in this chapter.

(Prior code § 17-12)

A. Every person having a license under the provisions of this chapter for engaging in business at a fixed place of business shall keep the license posted for exhibition in some conspicuous location in his place of business. Every person having such a license, and not having a fixed place of business, shall carry the license with him at all times while carrying on the business for which the license was granted. Every person having a license shall produce and exhibit the license when applying for a renewal thereof, and whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or collect license fees.

B. A duplicate license may be issued by the city clerk to replace any license previously issued hereunder which has been lost or destroyed. For the issuance of each duplicate license, a fee shall be collected to help defray the processing costs. The amount of the fee shall be established by resolution of the city council.

(Ord. 2149 § 1 (II (part)), 1996: prior code § 17-13)

It is the duty of the chief of police and all police officers of the city to make diligent inquiry as to all persons in this city liable to pay a license as provided in this chapter.

(Prior code § 17-15)

The conviction and punishment of any person having engaged in business without a license shall not excuse or exempt the person from the payment of any license fee due or unpaid at the time of conviction, and nothing in this chapter shall prevent civil action to collect unpaid license fees.

(Prior code § 17-16)

For the purpose of calculating the license fee payable under this chapter, the number of employees shall be determined by the average number of employees employed or to be employed during the license period.

(Ord. 2149 § 1 (II (part)), 1996: Ord. 1771 § 1, 1986)

Except as otherwise provided in this chapter, persons engaging in or carrying on any profession, trade, calling, occupation or business within the city for a period of less than three months of any calendar year shall pay a license fee of one-fourth of the annual fee required to be paid by the same or similar business within the city which is engaged in or carrying on any professions, trade, calling, occupation or business, for more than three months. In those instances in which a license fee in excess of a quarterly fee has been paid in accordance with the provisions of this chapter, the city clerk may refund that portion of the fee in excess of the quarterly fee where the profession, trade, calling, occupation or business ceases to operate within a period of less than three months from the time of commencement. In such cases a request for the refund shall be submitted to the city clerk in writing, setting forth the pertinent facts and shall be verified by the claimant.

(Prior code § 17-18)

A. Annual license fees are due and payable on or before the date the business commences, and shall be renewed annually on the anniversary of the effective date of the initial license.

B. Quarterly fees for temporary businesses are due and payable on January 1st, April 1st, July 1st, and October 1st of each calendar year, and shall be delinquent thirty days after the respective dates.

C. Daily license fees for itinerant businesses, as required by Chapter 6.22, are due and payable to the city each day in advance.

D. The failure of a licensee to receive a notice of renewal shall not eliminate the requirement of the licensee to obtain a valid business license pursuant to this chapter.

(Ord. 2149 § 1 (II (part)), 1996: prior code § 17-19)

Whenever a business license holder or prospective applicant fails to make the payment required by the provisions of this chapter, the city clerk shall take steps to collect such delinquent accounts.

(Prior code § 17-20)

This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation purposes.

(Prior code § 17-24)

When a person, by the use of any sign, circular, handbill, card, telephone book, newspaper, mailbox, advertisement or address, represents that he is transacting and carrying on a business activity in the city—or when a person holds a valid license or permit issued by a government agency indicating that he is doing business in the city—that person shall, for the purposes of this chapter, be deemed to be transacting and carrying on a business activity in the city. These factors shall be considered prima facie evidence that said person is transacting and carrying on business in the city, unless evidence is presented to the contrary and found satisfactory to the city clerk or designee.

(Ord. 2149 § 1 (II (part)), 1996)

The chief of police and all police officers of the city shall have and exercise the power to make arrests for the violation of any of the provisions of this chapter and to enter upon business premises, free of charge, at any time a license is required by this chapter and to demand the exhibition of the license for the current term by any person engaged or employed in the transaction of such businesses. If the person fails then and there to exhibit the license, the person shall be liable to the penalties provided for as a violation of this chapter in Section 6.02.180.

(Prior code § 17-25)

A. Any person engaged in a business, trade, profession, calling or occupation in the city without first obtaining the required business license pursuant to this chapter shall be subject to a penalty of twenty-five percent of the license fee due. Each new business shall be allowed a grace period not exceeding two months to obtain the business license required by this chapter.

B. If any annual or quarterly license fee remains unpaid at the end of the calendar month in which it becomes due and payable, a penalty of ten percent per month shall be added to the license fee for each month that it remains unpaid, not exceeding in the aggregate a total penalty of fifty percent of the amount of the license fee. Any penalty so imposed shall be collected by the person in charge of the collection of the license fee.

(Ord. 2149 § 1 (II(part)), 1996: Ord. 1935 § 1 (V), 1990)

Any violations of any of the provisions of Chapters 6.02 and 6.04 of this code are infractions.

(Ord. 1958 § 1, 1991)