Sacramento County Municipal Code Art. 1 Applicability and Issuance

There are certain types of enterprises which require special investigation, review and regulation in order to ensure that the public health, safety and welfare is adequately protected. The necessity to conduct such investigation, review and regulation arises for reasons which include, but are not necessarily limited to, the following:

A. The tendency of certain types of enterprises to engage, whether intentionally or unintentionally, in the promotion of crime, whether through the sale of stolen goods or otherwise;

B. The tendency of certain types of enterprises to be placed where criminal activity occurs either by virtue of the type of clientele attracted or for other reasons;

C. The fact that patrons of particular types of enterprises are vulnerable to fraudulent charging or other practices either because of the nature of the business, the type of service or merchandise offered, the circumstances under which the merchandise or service is purchased, or for other reasons;

D. The fact that certain types of enterprises create health or safety risks which require special regulation; and

E. The fact that certain types of enterprises require access to private property, particularly residential property, or frequent residential neighborhoods, generating high risks to the safety of persons and property.

(SCC 578 § 4, 1983; SCC 1595 § 25, 2016)

No person shall, unless under and by authority of a valid unexpired and unrevoked Special Business License, conduct or operate within the unincorporated area of the County, whether singularly or in connection with another type of enterprise, the following:

A. Any enterprise or activity for which a Special Business License is required by Chapters 4.14 through 4.50, inclusive;

B. Antique dealers—in firearms, jewelry, art objects, furniture or other valuables;

C. Automobile dismantlers—and marketers of used parts for automobiles;

D. Automobile repairs-when the person or firm makes calls at the home or business of the customer to make repairs;

E. Circuses and carnivals—including the maintenance of animals for display to, riding by or petting by children;

F. Sales of concealable firearms—including gunpowder;

G. Home repair services—consisting of services related to the repair or maintenance of single-family residential dwellings, mobile homes, or gardens by persons who are not licensed to perform such services by the State of California, including businesses offering energy-saving appliances, equipment, or services, whether in connection with solar, wind or other power;

H. Purchase or sale of metals – including precious and scrap metals;

I. Auto towing—consisting of persons who engage in the business of towing automobiles which require repair, are abandoned on public rights of way, or are parked illegally;

J. Repossession or storage of automobiles—or any other thing of value;

K. The operator of each booth—in a bazaar, flea market or other similar type of auction established for the purpose of selling merchandise, including food, for private gain;

L. Private security companies;

M. Tree trimmers;

N. Motorcycle sales—including the sale of new and used parts;

O. Wrecking yards—including automobile dismantling and the buying and selling of automobiles of scrap metal or parts.

(SCC 578 § 4, 1983; SCC 0737 § 1, 1988; SCC 0804 § 22, 1990; SCC 1224 § 1, 2002; SCC 1368 § 2, 2007; SCC 1595 § 25, 2016)

If a person conducts or operates more than one of the types of enterprises described by Section 4.10.005, a separate Special Business License shall be required for each type of enterprise which the person operates or conducts.

A person who operates or conducts more than one store, office, outlet or other branch of a particular type of enterprise described by Section 4.10.005 shall not be required to obtain more than one Special Business License for that type of enterprise, regardless of the number of stores, offices, outlets or branches operated or conducted.

(SCC 578 § 4, 1983)

Except as otherwise expressly provided, a Special Business License shall be required for each particular type of enterprise described by Section 4.10.005 which is operated or conducted within the unincorporated area of the County, whether or not the enterprise is operated at a fixed location within the unincorporated area.

An enterprise shall be deemed to be operated or conducted within the unincorporated area if representatives of the enterprise offer or sell goods or services or provide services within the unincorporated area, whether the enterprise is operated from a fixed location within another jurisdiction, and whether the enterprise has a fixed location at all.

(SCC 578 § 4, 1983)

Certain of the types of enterprises described by Section 4.10.005 are subjected to special regulations governing their operations. These regulations are set forth in Chapters 4.14 through 4.50. Except as otherwise provided, the provisions of this chapter shall be fully applicable to the enterprises identified by Chapters 4.14 through 4.50.

The provisions of this chapter shall be independently applicable to any enterprise described by Section 4.10.005 which are also regulated under the provisions of Chapter 4.06. The issuance of a General Business License to an enterprise described by Section 4.10.005 shall not excuse the enterprise from the requirement that a Special Business License be obtained pursuant to the provisions of this chapter. The issuance of a Special Business License shall not be deemed to relieve the holders of a requirement, under Chapter 4.06, that a General Business License be obtained. A Special Business License shall not be deemed to authorize operation of an enterprise business at a particular location, if a General Business License is required and there is no such License in full force and effect.

(SCC 578 § 4, 1983)

All applications for Special Business Licenses shall be filed in the Office of the Tax and License Collector. The Tax and License Collector shall receive any fee required for the application, assure that the application is complete, and refer the application to the Sheriff for processing, investigation, review and action.

(SCC 578 § 4, 1983; SCC 1005 § 10, 1998; SCC 1267 § 44, 2004)

Unless otherwise provided under this title, the application for a Special Business License shall be filed on a form and contain such information as is prescribed by the Sheriff, including the following:

A. A complete description of the type, nature and extent of the enterprise to be conducted and for which application is made;

B. The address of each location from which the enterprise for which application is made will be operated;

C. The name and address of the person who owns the enterprise for which application is made;

D. Such information as is necessary to permit the determinations prescribed by Section 4.10.040(c);

E. Identification of each type and location of enterprise conducted by the owner within the unincorporated area of the County;

F. Such other and further information as is deemed necessary to administer the provisions of this chapter.

(SCC 578 § 4, 1983; SCC 0804 § 23, 1990; SCC 1105 § 11, 1998; SCC 1267 § 45, 2004; SCC 1595 § 26, 2016)

The Sheriff shall conduct such investigation of the background of the owner or owners and persons managing or supervising the enterprise as is deemed appropriate. The Sheriff shall evaluate each application to determine whether the operation of the enterprise would involve an unreasonable risk to the health, safety or general welfare of the public. Those persons described by subsections (C)(1) through (C)(8) of Section 4.10.040 shall be fingerprinted and photographed; and consideration shall be given to the criminal record, if any, and character of the owner and other persons connected with the enterprise, the business responsibility of the firm and the owner, and the manner in which the owner intends to conduct the enterprise.

(SCC 578 § 4, 1983; SCC 0804 § 24, 1990; SCC 1595 § 26, 2016)

The Sheriff shall issue the Special Business License within 90 days after the date of application unless any of the following apply, in which case, the Sheriff may deny the application:

A. The Sheriff finds in writing that the applicant fails to provide information in connection with the application requested by the Sheriff as a basis for enabling the Sheriff to make his or her determination;

B. The Sheriff finds in writing that any of the statements made in the application or any information submitted supplementary thereto is incorrect or untrue;

C. The Sheriff finds in writing that any of the following persons has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has done any act involving dishonesty, fraud or deceit with intent to substantially injure another; and the Sheriff concludes that by reason of the crime or act the applicant would not conduct the enterprise in a law abiding manner or in a manner which does not subject patrons of the enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:

1. A general or limited partnership of a partnership, which possesses an ownership interest in the enterprise;

2. A joint venturer in a joint venture which possesses an ownership interest in the enterprise and if one or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the sole owner of the enterprise;

3. A sole proprietor when the enterprise is a sole proprietorship;

4. An owner of more than one-half of one percent of the voting shares of stock when a commercial corporation possesses an ownership in the enterprise;

5. A director, when either a commercial or non-profit corporation possesses an ownership in the enterprise;

6. A member of a management committee when a partnership or joint venture possesses an ownership interest in the enterprise;

7. A member of a governing body or other board or committee to which management is entrusted, when an unincorporated association possesses an ownership interest in the enterprise; or

8. A president, general manager, vice president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the enterprise.

D. The Sheriff makes any finding in writing authorized as a basis for denial of the License by chapters 4.14 through 4.50, or finds in writing that the applicant does not satisfy any requirement applicable to the enterprise for which application is made established by chapters 4.14 through 4.50; or

If an application does not show on its face a basis for denial, the Sheriff may, in his or her sole discretion, issue a Temporary Special Business License for a period not to exceed ninety days, pending processing and investigation of the application and final determination thereof.

(SCC 578 § 4, 1983; SCC 1105 § 12, 1998; SCC 1267 § 46, 2004; SCC 1595 § 27, 2016)

The Sheriff may issue a Special Business License upon such conditions relating to method or manner of operation of the enterprise as he or she deems necessary to adequately protect members of the public in their patronage or dealings with the enterprise, or to reduce the incidence, detect the commission of, or identify perpetrators of crime. Such conditions may be imposed at the time a Special Business License is initially issued, upon renewal of the License, or at any time during the term of the License.

Any condition imposed pursuant to the provisions of this section, whether established at the time of issuance, at the time of renewal or during the term of a Special Business License, shall be embodied, together with the reasons therefor, in a written notice which is served upon the applicant or holder. The condition shall become effective fifteen days following the date of service of the notice thereof; provided that in the event an appeal therefrom is filed within the time and in the manner prescribed, the condition shall not become effective until the appeal is finally determined.

(SCC 578 § 4, 1983)

The Special Business License shall contain but not be limited to a complete description of the enterprise, authorized by the License, the name of the enterprise so licensed, the name and address of the owner or owners of the enterprise, the address of each location of the business covered by the License, and any conditions upon which the License is issued. The License shall be conspicuously posted at each location of the enterprise in full public view.

(SCC 578 § 4, 1983; SCC 0804 § 25, 1990)

During the term of any Special Business License issued hereunder, in addition to the information required by Section 4.02.070, the holder of the License shall file in writing with the Sheriff any changes in or new locations of the enterprise so licensed. The Sheriff shall issue an amended License which shows any changed or new locations of the enterprise so licensed.

(SCC 578 § 4, 1983)

Not later than 45 days prior to expiration of the term of a Special Business License, the Tax and License Collector shall transmit to the licensee by mail an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the Sheriff.

The application for renewal shall be filed with the Tax and License Collector not later than the date of expiration of the term of the immediately preceding License. The Sheriff shall perform such investigation and examination of the applicant, as the Sheriff deems appropriate. The Sheriff shall extend the term of the immediately preceding License during the period of any investigation or examination required in order to determine whether the License should be issued.

The Sheriff shall act upon the application for renewal not later than 30 days after the date a valid application is filed. The renewed License shall be issued unless any of the following apply, in which case, the Sheriff may deny the application for renewal:

A. The Sheriff finds in writing that one or more of the conditions identified in subsections (A), (B), (C) or (D) of Section 4.10.040 pertain;

B. The Sheriff finds in writing that the Licensee has violated any term, condition, requirement, or prohibition imposed by this chapter, Chapter 4.02 or chapters 4.14 through 4.58 of Title 4 which are applicable to the License or the holder, or any other applicable law; or

C. The Sheriff finds in writing that one or more conditions applicable to the preceding License have been violated.

(SCC 578 § 4, 1983; SCC 0992 § 2, 1995; SCC 1105 § 13, 1998; SCC 1267 § 47, 2004; SCC 1595 § 28, 2016)

An application for renewal of a Special Business License will be deemed received late and subject to added processing fees if the complete application, including all fees, is not received by the Tax and License Collector not later than the date of expiration of the immediately preceding License. The amount of the added processing fee will be set by resolution of the Board of Supervisors and become part of the renewal application fee after the date of the expiration of the preceding License has passed.

(SCC 1267 § 48, 2004)

With respect to certain types of enterprises described by Section 4.10.005, protection of the public health, safety and welfare require that personnel retained by the enterprises to perform specified functions or duties be of good moral character, not have been convicted of particular criminal offenses, and, in certain instances, possess minimum skills necessary to insure public safety. Personnel required to possess such minimum qualifications are identified by the provisions of Chapters 4.14 through 4.50.

The procedures set forth in this chapter relating to Employee Permits shall be applicable to all personnel required by Chapter 4.14 through 4.50 to possess minimum qualifications which are subject to review by the Sheriff.

(SCC 578 § 4, 1983)

Whenever under the provisions of Chapters 4.14 through 4.50, personnel of a particular enterprise are required to meet minimum qualifications or possess a permit or license, it shall be unlawful for a person to perform the duties or functions specified and unlawful for the holder of a Special Business License to permit the person to perform such duties or functions unless the person has first applied for and obtained an Employee's Permit.

(SCC 578 § 4, 1983)

Applications for an Employee's Permit shall be filed in the Office of the Treasurer-Tax Collector. The Treasurer-Tax Collector shall receive any fee required for the application, assure that the application is complete, and refer the application to the Sheriff for processing, investigation, review and action.

(SCC 578 § 4, 1983)

The application for an Employee's Permit shall be filed on a form and contain such information as is prescribed by the Sheriff, including the following:

A. The name and current residential address of the applicant;

B. The name and address of the business which has retained the services of the applicant for which the Permit is required; and

C. A description of the duties or function which the applicant is to perform for the business.

(SCC 578 § 4, 1983; SCC 1595 § 29, 2016)

The Sheriff shall conduct such investigation of the background of the applicant for an Employee's Permit as is necessary in order to determine whether the minimum qualifications which have been prescribed are satisfied and as otherwise deemed appropriate. Such investigation shall include the fingerprinting and photographing of the applicant.

(SCC 578 § 4, 1983)

Except as hereinafter provided, the Sheriff shall issue the Employee's Permit within thirty days after the date the application is filed unless he or she finds in writing that the applicant is disqualified for the Permit under regulations prescribed by Chapters 4.14 through 4.50. If the Sheriff's investigation has not been completed by the date issuance of the Permit is required, but that portion of the investigation which has been completed has disclosed no basis for denial of the Permit, the Sheriff shall issue a Temporary Employee's Permit, the term of which shall extend no longer than one hundred twenty days from the date of issuance. A Temporary Employee's Permit shall expire upon either the date of expiration of its term, the date of issuance of an Employee's Permit, or the date of service of notice that an Employee's Permit has been denied. While in force and effect, a Temporary Employee's Permit shall otherwise be accorded the same status as an Employee's Permit.

(SCC 578 § 4, 1983)

An Employee's Permit shall not be transferable or assignable from one person to another. The Permit shall contain such information as the Sheriff requires, including the permit holder's name and address, the name and address of the enterprise or enterprises retaining his or her services for which the Permit is issued, the expiration date of the Permit, a description of the duties or functions which the Permit authorizes to be performed, and a physical description of the Permit holder.

The holder of an Employee Permit shall carry same on his or her person at all times services authorized by the Permit are being performed, and shall display the Permit for inspection upon request by any peace officer.

Applications for renewal shall be filed, processed and Permits issued in the manner and pursuant to the standards and procedures prescribed by sections 4.10.075 through 4.10.090.

(SCC 578 § 4, 1983)