Reedley Municipal Code Ch. 2 Licensing

BUSINESS: Includes a corporation, association, syndicate, partnership, profession, trade and occupation and all and every kind of calling, whether or not carried on for profit. (Ord. 683, 4-16-1985)

The finance officer shall prepare and have printed blank licenses for all classes of business mentioned in this chapter for the term of one year, beginning July 1 and ending June 30. Printed licenses shall provide for the signature of the finance officer or his authorized designee or representative charged with the administration of the business license tax program. (Ord. 683, 4-16-1985)

The finance officer shall keep a record of all business licenses issued under this chapter. (Ord. 683, 4-16-1985; amd. 2007 Code)

A. Conduct Of Business: A license shall authorize a party obtaining the same to transact the business described in such license in a particular locality in the city. The issuance of a license pursuant to the provisions of this chapter shall not entitle the licensee to engage in any business which for any reason is in violation of any law or ordinance of the city or higher authority.

B. Duty To Obtain And Pay Fee: It shall be unlawful for any business to commence, carry on, engage in or continue in the city, any business, trade, occupation or employment upon which a license tax is imposed by the terms and provisions of this chapter and for which a license tax is required to be procured by the terms and provisions of this chapter, without first paying such license tax and procuring such license as provided in this chapter. (Ord. 683, 4-16-1985)

A. Separate License Required For Each Place Of Business: A separate license must be obtained on each branch, establishment or separate place of business. The number of businesses shall be determined by the number of sales tax permits which have been issued by the California state board of equalization. Each applicant for a business license shall present proof to the finance officer that the applicant has obtained all required licenses and resale permits from the California state board of equalization. (Ord. 775, 8-25-1992)

B. Transfer Of License: Except on the sale of the business or transfer by operation of law, no license granted or issued shall be in any manner transferred or assigned, or authorize any person, other than is therein mentioned or named, to carry on any trade, calling, business, profession or occupation.

C. Duplicate License: A duplicate license may be issued by the finance officer or his authorized designee to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement, paying a duplicate license fee of ten dollars ($10.00).

D. License To Be Posted: Every person having a license under the provisions of this chapter shall conspicuously exhibit the same in his place of business, or carry same on his person when he has no fixed place of business, and produce the same when applying for a renewal or when required to do so by the finance officer or chief of police.

E. Compliance With Other Codes Before License Is Issued: No license shall be issued under the provisions of this chapter until the applicant has complied with all of the provisions of the building code, the fire prevention code, the zoning ordinance 1 and, when applicable, the rules and regulations of the police department and the county health department. (Ord. 683, 4-16-1985)

The securing of business license fees under this chapter shall not apply to any institution or organization which is conducted, managed or carried on wholly for the benefit of a charitable purpose, or from which profit is not derived either directly or indirectly by any person; nor shall any license fee be required for the conducting of any entertainment, concert, dance, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts of such function are to be appropriated to any church, school or to any religious or benevolent purpose within the city; provided, however, that nothing in this section contained shall be deemed to exempt any such institution or organization from complying with the provisions of any law or regulation of the city requiring such institution or organization to obtain a fee exempt business license permit signed and approved by the finance officer or his authorized designee before conducting, managing or carrying on of any business. The finance officer or his authorized designee may require the filing of verified statements setting forth all facts upon which the exclusion is claimed from any person, institution or organization claiming to be excluded by the provisions of this chapter. (Ord. 683, 4-16-1985)

Except as may be otherwise specifically provided in this chapter, the provisions hereof shall not be deemed or construed to apply to any of the following persons or firms:

A. Any public utility which pays to the city a tax under a franchise or similar agreement.

B. Banks, including national banking associations, to the extent that a city may not levy a license tax upon them under the provisions set forth under California constitution article XIII, section 27.

C. Insurance companies and associations, to the extent that a city may not levy a license tax upon them under the provisions as set forth in California constitution article XIII, section 28.

D. Any person or firm whom the city is not authorized to license under any law or constitution of the United States or the state of California.

E. Any person seventeen (17) years of age or under or seventy (70) years of age or over whose annual gross receipts derived from business within the city are less than five thousand dollars ($5,000.00). A fee exempt business license permit shall apply.

F. Any disabled veteran who is physically unable to obtain a livelihood by manual labor and having honorable discharge or release papers showing disability incurred while in service in the armed forces of the United States, shall have the right to distribute circulars and hawk, peddle and vend any goods, wares or merchandise without the payment of any license or tax upon the following terms and conditions:

1. The applicant shall furnish all evidence satisfactory to the finance director or his authorized designee that he is physically unable to obtain a livelihood by manual labor, an honorably discharged or released member of the armed forces of the United States and that he sustained disability while serving in the armed forces of the United States during a war or military campaign in which the United States was engaged.

2. The finance director or his authorized designee may require the filing of a verified statement from any person or firm claiming to be excluded by the provisions of this section, which statement shall set forth all the facts upon which the exclusion is claimed. (Ord. 683, 4-16-1985)

The finance director, with the approval of the city council, may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter. (Ord. 683, 4-16-1985)

The following table lists those businesses and commercial establishments which require a license and the fees for said licenses. If there are additional and supplementary regulations regarding a license, the table lists the section where such regulations are found. These fees may be amended by resolution of the city council at such time and in such manner as the city council shall deem advisable. Unless otherwise stated, a flat rate license fee of seventy five dollars ($75.00) shall apply:

(Ord. 683, 4-16-1985; amd. Ord. 750, 5-28-1991; Ord. 775, 8-25-1992; Ord. 95-015, 10-24-1995; Ord. 2001-10, 12-11-2001)

A. Fees Payable In Lawful United States Money: The license tax imposed by this chapter shall become due and payable to the city in lawful money of the United States of America.

B. When Fees Due And Payable: All license fees imposed by this chapter shall be payable in advance and shall be deemed to be delinquent if not so paid. Penalties for the nonpayment thereof shall be imposed as provided in subsection D of this section.

C. Quarterly Licenses; Proration Of Fee: Annual license fees shall be prorated if the profession, trade, calling, occupation or business is commenced in the second or subsequent quarter of the fiscal year. License fees shall be prorated as of the first day of the first month of the pertaining quarter. There shall be no proration of business license fees upon termination of the business.

D. Penalty For Nonpayment Of Fees When Due: Subject to other provisions of this chapter, yearly or quarterly licenses not paid within thirty (30) days from the due date as provided herein shall be subject to a twenty percent (20%) penalty per month on the balance due; daily licenses shall be subject to a ten percent (10%) penalty. New businesses that fail to pay their business license fee prior to conducting any business shall be subject to a twenty percent (20%) penalty for each month the license fee remains unpaid.

E. Collection Of Fees By Civil Action: The license tax imposed by this chapter shall be deemed a debt due the city from and against any person who maintains in, carries on, engages in or conducts in the city any business, occupation, trade, profession or employment, upon which a license tax is herein imposed, or for the commencing, engaging in, carrying on or conducting of which a license is hereby required to be procured without first having paid such license tax and procured such license according to the terms and provisions of this chapter. Such persons shall be liable in a civil action in the name of the city as plaintiff in any court of competent jurisdiction for the amount of the license tax imposed by this chapter and for cost of suit. (Ord. 683, 4-16-1985)

Supplementary regulations for the business and commercial establishments listed in section 3-2-9 of this chapter are contained in this section. (Ord. 683, 4-16-1985; amd. 2007 Code)

A. Definition: For the purpose of this section, "units" are defined as structures under one ownership, whether or not joined together or connected, whether located on a single plot of ground consisting of one or more city lots or portions thereof or on different plots of ground located at various places within the city, and which units in the aggregate shall be intended or designated for or used as the homes of families or households, living independently of one another, and in which every such family or household shall have provided separate living quarters intended for residents.

B. License Required: For the business of keeping or conducting apartment units, cabin units, dwelling units, commercial rentals or similar type rental units, the annual license fee shall apply in accordance with the graduated scale basis of computation for rental units in subsection C of this section.

• C. Categories: The following categories shall apply in accordance with the number of rental units:

• Category A One or more up to and including ten (10) units

• Category B Eleven (11) or more units

(Ord. 683, 4-16-1985)

A. Definitions:

RESTAURANT ON WHEELS OR CATERING TRUCKS: Vehicles which sell food, refreshments, snacks or meals, hot or cold, for consumption by the buyers.

B. Licenses Required: Licenses are required or the following businesses:

1. Conducting or managing a restaurant on wheels.

2. Catering trucks.

3. Peddling, vending, selling or offering for sale ice cream, snow cones, soda water, fruit juices, lemonade or any other soft or temperate drinks, or any confection, upon the streets of the city.

C. Health Inspection Tag: Such businesses shall annually present proof to the finance director that each such vehicle or truck has obtained a health and sanitary inspection tag from the Fresno County health department within nine (9) months of the business license renewal and has paid all health department license fees. (Ord. 775, 8-25-1992)

A. Definitions:

BANKRUPT SALE: Includes the sale of goods, wares or merchandise which have been previously purchased from a trustee, receiver or other person in bankruptcy, or a trustee or receiver in insolvency, or trustee for the benefit of creditors.

COMMERCIAL AUCTION: The sale of any object, new or used, through the bid process whereby the highest bidder obtains the object, and the owner of the object up for bid does not have to be present at the time of the sale. A commercial auction may take place on any land zoned for such use and does not have to be on property owned by the owner of the auction items 1 .

FIRE SALE OR WRECK SALE: Includes the sale of goods, wares or merchandise salvaged from fire, wreck or other calamity.

B. License Required: A license is required for every person conducting, managing or carrying on an estate sale, fire sale, wreck sale or bankrupt sale. (Ord. 683, 4-16-1985)

Licenses are required for every person in or carrying on the business of distributing, depositing, placing or delivering any handbill in or upon any private yard, walk, porch, steps, mailbox, vestibule, house, residence, building, automobile or any other private property. No licenses fee shall be prorated during the year; provided, however, that any license issued or granted under this section shall not permit, authorize or vest in such license the privilege of going in or upon private property where such property is posted pursuant to section 5-4-4 of this code; provided further, that licensee shall not deliver, distribute, deposit or place handbills in such a manner as to allow the material distributed to scatter or blow in the wind, thereby causing a littering problem. Any material distributed pursuant to this section shall state upon the material the name, address, and telephone number of the distributor or the agency employing said distributors. Section 3-2-12 of this chapter shall apply to this section when applicable. (Ord. 683, 4-16-1985)

A. Licenses are required for the business of maintaining, operating or letting the use of four (4) or less coin operated amusement machines including pinball machines, video games and computer/electronic games.

B. Licenses are required for every person or business engaged in the business of maintaining or operating an arcade.

C. It shall be unlawful for any person to install, operate or maintain to be operated any mechanical or electrical amusement device in the city without first having submitted an application and obtained a permit in writing to do so from the finance department of the city. Application for such permit shall contain the following information and statements in addition to whatever information may be deemed necessary:

1. Name of applicant;

2. Place where such mechanical amusement device is to be placed, maintained or operated, and if such mechanical amusement device is to be placed, maintained or operated in connection with any other business or calling, and the character of such business or calling;

3. The name of the owner of the place where device is to be placed, maintained or operated;

4. A complete description of the type or types of mechanical amusement device, the number thereof of each and the manner in which it is to be placed, maintained or operated;

5. Statement whether device is wired for electricity;

6. The total number of mechanical amusement devices to be placed, maintained or operated at the location for which the permit is requested; and

7. A statement that the mechanical play device for which a permit is sought is not intended to be, and will not be permitted, for gambling purposes whatsoever.

D. Conditions of permit shall be as follows:

1. All amusement machines within the premises shall be visible to and supervised by an adult who shall be present at all times when any amusement machine is being operated;

2. Except on legal holidays during the school year, persons under the age of eighteen (18) shall not be allowed to operate amusement machines on Monday through Friday between and hours of eight o'clock (8:00) A.M. to three o'clock (3:00) P.M. unless accompanied by an authorized agent of the school district or such person's parent or guardian. It shall be the responsibility of the adult attendant to enforce this regulation;

3. Adequate parking and bicycle racks shall be provided;

4. Provisions shall be made to reduce noise caused by the operation of the amusement machines and the patrons thereof;

5. No amusement machine shall be situated in such a way that its use will violate any applicable fire regulation or hinder the reasonable egress from and ingress to the premises of the public;

6. No amusement machine shall be maintained, operated, conducted or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the retail sale of alcoholic beverages within ten feet (10') of the liquor retail department of any multi-department business establishment. This subsection shall not prohibit the operation of amusement machines in bona fide clubs, bars, saloons, taverns or restaurants which are licensed to sell alcoholic beverages;

7. No amusement machine as herein defined shall be maintained, operated, conducted or used, nor kept for such purposes, within any place which is closer than three hundred feet (300') from any public or private school which conducts classes for any of the grades from kindergarten through the grade twelve (12);

8. All amusement machines shall have posted thereon, in a conspicuous place, a decal or label for identification purposes on which is written the name, address and telephone number, if any, of the owner or operator thereof;

9. Every person who maintains a coin operated machine within the city shall give a facsimile of his license or permit to the owner, lessee, manager or his agent of the establishment at which said machines are to be located;

10. All coin operated machines for which there is no facsimile of the license or permit for the person maintaining or operating the machine(s) shall be removed from the premises by the city and held for thirty (30) days. If unclaimed after thirty (30) days, such machines will be considered abandoned and shall be disposed of as provided for in the disposition of unclaimed property. (Ord. 683, 4-16-1985)

Licenses are required for every person transacting and carrying on the business of contracting in any occupation (plumbers, electricians, carpenters, painters and the like) on any scale, including subcontracting. An "owner/builder" is a person who acts as or employs a contractor, subcontractor, specialty contractor or workers under his supervision and direction by the hour or day, for the purpose of constructing improvements on real property owned by him within the city. He shall pay the same fees as a general builder contractor unless his only activity is construction on his property which is not offered or intended for sale within one year from date of completion. (Ord. 683, 4-16-1985)

A. License Required: Licenses are required for every person who delivers goods, wares or merchandise of any kind as a retail delivery business, or who provides any type of service by use of vehicles in the city, on a predetermined and regular business schedule; and further provided, that if the vehicles sell or deliver food or food products, said business shall annually present proof to the finance officer that each such vehicle or truck has obtained a health and sanitary inspection tag from the Fresno County health department within nine (9) months of the business license renewal and has paid all health department fees.

B. Exemptions: If the vehicle delivery is incidental or occasional within the city, the license fee shall be exempt. The license fee shall also be exempt if the business is a regulated carrier of merchandise by motor vehicle. Every business claiming to be exempt under the regulation of interstate commerce by the United States, shall file with the finance officer of his authorized designee statements disclosing the following:

1. The name and location of the person for which the orders are to be solicited or secured;

2. The name of the nearest local or state manager, if any, and his address;

3. The kind of goods, wares, merchandise or services to be delivered or performed;

4. The place from which the same are to be shipped or forwarded or the services performed;

• 5. The method of solicitation or taking orders;
• 6. The location of any warehouse, factory or plant within the state;
• 7. The method of delivery;
• 8. The name and location of the residence of the applicant; and
• 9. Any other facts necessary to establish such claim of exemption. (Ord. 775, 8-25-1992)

Every person engaged in the business or occupation of itinerant vendor shall pay a license fee as set out in section 3-2-9 of this chapter. The words "itinerant vendor" shall be construed to mean and include any person, whether principal or agent: a) who performs any of the acts of "hawker", "solicitor", "merchandiser", "salesperson", "peddler" or "vendor" as defined in section 5-5-1 of this code, or b) who engages in a temporary and transient business in the city, selling articles of wearing apparel, dry goods, fancy goods, notions, jewelry, cutlery, groceries, machinery, vehicles of all kinds and types, hardware, tinware, mill products or merchandise of any class or character, or who acts as a telephone solicitor with the intention of continuing said business in the city for a period of not more than ninety (90) consecutive days, and who, for the purpose of carrying on such business, hires, leases or occupies any hotel or motel room or any other room, doorway, vacant lot, building or other place for the exhibition or sale of goods, wares, merchandise or other thing of value. A person or firm shall not be relieved from the provisions of this section by reason of temporarily associating with any local dealer, trader, merchant or auctioneer. The provisions as set forth shall not apply to commercial travelers or selling agents, selling their goods to dealers, whether selling for present or future delivery, by sample or otherwise, nor to persons selling fruit, vegetables, eggs, butter or other farm or ranch products of their own production, or for qualifying special events as determined by the guidelines on file in the office of the city clerk. For such special events, sponsoring organizations shall pay the fee set out in section 3-2-9 of this chapter per itinerant vendor. (Ord. 2001-10, 12-11-2001)

Licenses are required for any person who engages in the business of selling goods, wares, merchandise or any other thing of value via the distribution of catalogues or handbills to private residences for the purpose of selling their goods, wares, merchandise or other items of value, and said person has a fixed address whereby said requests are received, shall be termed a distributorship. Section 3-2-12 of this chapter shall apply to this section when applicable. (Ord. 683, 4-16-1985)

Licenses are required for each person who, at a fixed place of business in the city, conducts a business or profession as hereinafter designated in one office, or suite of offices:

Chiropodist

Chiropractor

Civil engineer

Dentistry

Law

Medicine or surgery

Optometry

Osteopathy

Physical therapists

Public accountant

Surveyors

Veterinary medicine or surgery

Any other professionals not herein mentioned

(Ord. 683, 4-16-1985)

Licenses are required of businesses engaged in retail sales. Businesses of a retail nature include, but are not limited to, the following:

Animal feed stores

Appliances, electrical

Appliances, general

Automobiles, new and used

Bakery

Butcher

Candy stores

Clothing stores/wearing apparel

Farm equipment

Florists

Furniture

General merchandising

Grocery store

Hardware

Jewelry, precious jewels, precious metals

Lumber and lumber products

Machinery

Office supplies and equipment

Pharmacies and drug stores

Restaurants

Shoe store

Sporting goods

Tailor

(Ord. 683, 4-16-1985)

Licenses are required of businesses that are considered to be of a service nature. Service nature businesses include, but are not limited to, the following:

Car washes

Computer agencies

Data processing services

Employment agencies

Gardeners

Janitorial services

Laundromats

Motion picture theaters

Photographers (fixed place of business)

Real estate agency

Transcribers

Travel agency

Window cleaning

(Ord. 683, 4-16-1985)

Licenses are required for the business of maintaining and operating mechanical vending machines whereby merchandise is sold to the public from such machines by the insertion of coins therein. (Refer to subsections 3-2-11-5D9 and D10 for governing restrictions). No coin operated cigarette machine is to be used by any person under eighteen (18) years of age. No business license fee or identification shall be required for the maintenance or operation of:

A. Any United States postage stamp machine;

B. Any machine dispensing sanitary or hygiene articles, drinking cups, towels or medicine, when the machine is entirely owned or supplied by the owner or operator of the premises where installed and is maintained solely for the convenience of the employees, visitors or customers;

C. Any machine or device dispensing newspapers or magazines;

D. Any machine operated by a nonprofit organization for charitable purposes; or

E. Any machine owned by a local merchant on the same premises where his business is located and for which he pays a business license fee to the city. (Ord. 683, 4-16-1985)

Those vendors licensed under sections 3-2-9, 3-2-11-2 and 3-2-11-8 of this chapter may remain stationary on private, nonresidential property for periods of not to exceed thirty (30) minutes in any two (2) hour period for the purposes of selling, while not on the public right of way, only with the written permission of the property owner and only so long as the private, nonresidential property is not situated closer than one thousand (1,000) linear feet from any restaurant or food concession which is also licensed under this chapter. (Ord. 775, 8-25-1992)

It shall be unlawful for any person, including those businesses and vendors licensed under this chapter, to use any public right of way (public streets, roads, alleys or sidewalks) within the city for the purpose of engaging in any type of business, including selling therefrom, soliciting donations, taking a census or taking orders for any goods, wares or merchandise, without the prior written approval of the city manager or his designee, which approval may be given to those vendors licensed under sections 3-2-9, 3-2-11-2 and 3-2-11-8 of this chapter, subject to the following limitations:

A. Except as otherwise provided, the vendor shall not make sales while stopped or parked in the public right of way except by prior appointment with or on the invitation of an identifiable buyer. Stopping or parking shall be out of established travel lanes.

B. No such vendor shall remain stationary in the public right of way for more than one hour at any location in any city block in any two (2) hour period, and shall not stop or be situated closer than one thousand feet (1,000') from any restaurant, concession or other mobile vendor.

C. Following such sale, the vendor's vehicle shall move a distance of not less than one thousand feet (1,000') from the current stop and shall not stop or be situated closer than one thousand feet (1,000') from any restaurant, concession or other mobile vendor. The requirement to move one thousand feet (1,000') does not apply to vendors who do not normally operate from a semistationary location, i.e., bakery vendors, ice cream trucks, ice cream pushcarts, snack pushcarts and bicycle powered vendors.

D. No use of the public right of way as governed by this section shall occur prior to six o'clock (6:00) A.M. or after ten o'clock (10:00) P.M.

E. A business license shall not be issued to, and any business license previously issued shall be revoked of, any person using a public right of way as governed by this section who fails to collect, report or remit to the state of California franchise tax board all applicable sales taxes required to be collected, reported or remitted by him.

F. A business license shall not be issued to, and any business license previously issued shall be revoked, any person using a public right of way as governed by this section who fails to obtain and maintain in full force a public liability policy in the amount of one million dollars ($1,000,000.00), naming the city as an additional insured on said policy, written proof of which shall be made at the time the business license is issued.

G. The provisions of this section shall apply to all mobile vendors licensed to conduct business in the city. For purposes of this section, a "mobile vendor" is defined as any person who sells from any motor vehicle or pushcart, box, basket, receptacle, stand, wagon or any other type of vehicle. (Ord. 98-05, 6-9-1998)

A. Enforcement: It shall be the duty of the finance director or his authorized designee to enforce the provisions of this chapter, and the chief of police shall render such assistance in the enforcement hereof as may, from time to time, be required by the finance director or the city council. The finance director, his authorized designee and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license. Any person having such license heretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. It shall be the duty of the finance director and/or his authorized designee to cause a complaint to be filed against any and all persons found to be violating any of said provisions.

B. Misrepresentation: No person shall knowingly or intentionally misrepresent to any officer or employee of this city any material fact in procuring the license or permit herein provided for.

C. Violations Of Provisions: The engaging in business without first having procured a license from the city to do so, or without complying with any and all the regulations of such business as set forth in this chapter, shall be deemed a separate violation for each and every day such business is carried on. The conviction and punishment of any person having engaged in any business without a license shall not excuse or exempt such person from the payments of any license fees due or unpaid at the time of conviction, and nothing set forth in this chapter shall prevent the criminal prosecution for any violation of any provision of this chapter.

D. License Suspension And Revocation: In the event that the finance director and/or the chief of police of the city has reasonable cause to believe and does believe that any licensee or other person employed by or representing such licensee is violating any of the provisions of this chapter or any other law or ordinance relating to the business of the licensee, he shall have power to and shall be authorized to suspend such license and all permits issued. If no written appeal is filed with the city clerk protesting such suspension within two (2) days of the date of such suspension, such suspension shall be deemed permanent and all such licenses or permits issued thereunder shall be deemed revoked.

E. Appeals To City Council: In the event that any applicant desires to appeal from any order, denial of exemption, order of suspension, or any other ruling of the finance director, the chief of police or any other officer of the city, made under the provisions of this chapter dealing with itinerant peddlers, solicitors, vendors and others, such applicant or any other person aggrieved thereby shall file written notice of such appeal with the city clerk and such matters shall be heard at the next regular meeting of the city council, at which time the city council shall hear and receive evidence, written and oral upon all matters involved. The decision of the city council shall be final upon all parties concerned. (Ord. 683, 4-16-1985)