San Jacinto Municipal Code Art. 1 General Provisions

The purpose of this chapter is to license for revenue the carrying on in the city of various lawful businesses, professions, trades, callings and/or occupations.

(Prior code § 5.04.010)

For statutory provisions authorizing cities to license for revenue purposes, see the California Government Code. For statutory provisions authorizing cities to license in the exercise of the police power and for purposes of regulation, see the California Business and Professions Code.

(Prior code § 5.04.020)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the words and phrases used in this chapter shall have the following meanings:

"Building tradesman"

is any person engaged within the city in any trade, art, calling, avocation or occupation of the building trades not licensed as a contractor by the state.

"Business"

includes professions, shows, exhibitions, games, trades and occupations and all and every kind of calling or enterprise whether or not carried on for profit.

"Business license"

constitutes evidence that the license fee obligations prescribed in this chapter have been satisfied.

"City"

means the city of San Jacinto, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

"Commercial travelers" or "selling agents"

means persons taking orders for the sale of goods, wares and/or merchandise, or service, to dealers maintaining a bona fide place of business in the city, at wholesale, for resale purposes, or to persons who use the goods, wares and/or merchandise in fabricating products within the city.

"Conduct" or "carry on"

means and includes engaging in, carrying on, owning, maintaining, managing or operating any business, trade, art, profession, calling, employment, occupation or any commercial, industrial or professional pursuit, vocation or enterprise in this city.

"Employee"

is a person who receives his or her compensation from an employer who withholds the necessary federal and state taxes, carries workers' compensation insurance, and assumes all other responsibilities as an employer. Any person who is not an employee shall be deemed self-employed and in business for himself or herself.

"Family billiard parlor"

is defined as a place of business wherein billiards, bagatelle or pool are played whether or not compensation is charged for the use of facilities. It does not include a place having not more than one coin-operated pool or billiard table maintained as an incident to some other type of business or activity.

"Fixed place of business"

means and includes the place at which the principal tools, equipment or machinery used by any person are customarily stored or located or at which are maintained the principal stock of materials or supplies and the books and records used by any person in his or her work in this city.

"Garage sale"

is defined as a garage, yard, lawn, patio or similar-type sale held anywhere on any residential premises for the purpose of disposing of personal property.

"Gross receipts"

includes the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service or employments, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act, service or employment is done as a part of or in connection with the sale of materials, goods, wares or merchandise, or the rendition of personal services. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, cost of materials used, labor or service costs, interest paid or payable, or losses, or other expenses whatsoever, and receipts attributable to selling activities or personal services within the city. Excluded shall be cash discounts allowed and taken on sales, credit allowed on property accepted as part of the purchase price and which property may later be sold, any fee required by law to be included in or added to the purchase price and collected from the consumer or purchaser.

"Handyman"

means any person who provides casual labor and/or services and who limits himself to noncommercial advertising, who is not engaged in the same or like business elsewhere.

"License collector"

means the city manager, or his or her authorized designee or representative charged with the administration of the business license tax program, hereinafter referred to as "collector."

"Permit"

means any written authorization, or permission, to conduct, manage or carry on a business activity within this city. A business license does not constitute a permit.

"Out-of-town business"

includes every person conducting or carrying on a business within this city but not having a fixed place of business within this city.

"Owner-builder"

is a person who acts as or employs a contractor, subcontractors, specialty contractors, or workmen under his or her supervision and direction by the hour or day, for the purpose of constructing improvements on real property owned by him or her within the city. He or she shall pay fees the same as a general building contractor unless his or her only business activity is construction on his or her property which is not offered or intended for sale within one year from date of completion.

"Person"

includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, companies, business or common law trusts, societies and individuals transacting and carrying on any business in the city, other than as an employee.

"Premises"

includes all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.

"Rental of property and accommodations"

includes every person or company engaged in the business of renting, leasing, providing, exchanging or trading, without loss of ownership, any land, dwelling, building, structure or portion thereof for the purpose of occupancy, sleeping, lodging, boarding, or other use and accommodation. The license fee for the rental of properties is determined by ownership of the property. Agents acting for property owners are responsible for payment of the license fee on rentals. Such rental and accommodation to include but not be limited to:

Business Property, Rental. Buildings or portions thereof used for any business, commercial or industrial purposes or land for any purpose;

Residential Property, Rental. Apartments, recreation vehicle parks, trailer parks, mobilehome parks,

Accommodations, boardinghouse, hospital, hotel, inn, lodginghouse, motel, rest home, roominghouse, sanitarium.

"Rummage sale"

is a sale of donated articles and goods for the purpose of nonprofit charitable functions.

"Solicitor/soliciting"

means and includes any person who travels or goes from house to house within this city and peddles, hawks, vends or sells any goods, wares, medicines or merchandise carried or caused to be carried or conveyed by the person peddling, hawking, vending or selling the same, or who solicits or takes orders at retail for any services, goods, wares or merchandise for future performance or delivery. "Solicitor" includes and means peddler. This definition shall not apply to a properly cleared solicitor for a charitable organization.

"Sworn statement"

means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.

(Prior code § 5.04.030)

The number of employees shall be the average number engaged in the business during the preceding fiscal year or during such portion thereof as the business was in operation. In the case of beginning businesses, the number shall be estimated by the applicant and the fee paid on the estimate but shall be adjusted to the actual number within thirty (30) days after the close of the year. The application for the business license each calendar year shall correctly set forth the number of employees applicable to the determination of the license fee. For the computation of the number of employees, three part-time employees working no more than twenty-five (25) hours each per week shall equal one full-time employee.

(Prior code § 5.04.040)

The collector, with the approval of the city council, may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter. The regulations shall be in writing and be filed in the office of the collector and shall be open to public inspection.

(Prior code § 5.04.050)

Persons required to pay a license fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any permit or license fee, or tax, for the privilege of doing such business, legally required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances.

(Prior code § 5.04.060)

The granting of a license in connection with carrying on any business shall not be deemed a permit to conduct the same in an unlawful manner or at a place prohibited by law or ordinance.

(Prior code § 5.04.070)

The payment of a license fee required by the provisions of this chapter or any other ordinance and its acceptance by the city and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he or she has complied with all the requirements of this chapter and all other applicable laws and shall not entitle the holder to carry on any business in any building or on any premises designated in such license in the event such building or premises is situated in a zone or locality in which the conduct of such business is in violation of any law.

(Prior code § 5.04.080)

Neither the adoption of the ordinance codified in this chapter, nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit, license fees due required by this code to be posted, filed or deposited, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Prior code § 5.04.090)

Where a license for revenue has been issued to any business by the city and the fee paid therefor under the provisions of any section heretofore enacted and the term of such license has not expired, then the license fee prescribed for said business by this chapter shall not be payable until the expiration of the term of such unexpired license.

(Prior code § 5.04.100)

No license shall be issued to any person conducting or carrying on any business, as enumerated in this chapter or any other ordinance, under a fictitious name, unless an affidavit is filed in the office of the clerk of Riverside County or collector of the city showing the true name or names of the owners of such business; provided, however, that such license may be issued in the true name or names of the owners of said business without the filing of such affidavit.

(Prior code § 5.04.110)

The duration of any license issued under this chapter shall be limited as follows:

A. If the license fee is an annual license fee, the license shall expire one calendar year following the issuance date of the license.

B. If the license fee is a daily license fee, the license shall expire at midnight of the day on which the license was issued; provided, however, that such license may be issued for a greater period of time than provided in this section, but not to exceed the close of the fiscal year established for business licenses. In such cases, the license fee for the entire period shall be due and payable at once.

(prior code § 5.04.120; Ord. 23-09 § 2; Ord. 23-10 § 2)

No license granted or issued under the provisions of this chapter or any other ordinance shall be in any manner transferred or assigned, nor shall it authorize any person other than those therein mentioned or named to do business, without the written consent of the collector 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 showing that he or she is continuing the same business already licensed and paying a transfer fee.

(Prior code § 5.04.130)

A. Seizure for Nonpayment. Any coin-operated machine, device or game being used as such without a license under this division and found on any commercial premises or public place in the city may be seized by the collector. Such machine shall be redeemable by the true owner only within a period not exceeding sixty (60) days upon the payment of costs of seizure, if any, to the city, together with the license fee, plus penalty, if any, for the period during which such machine was installed, used or maintained without a city license.

B. Redemption and/or Sale. If the true owner cannot be found after reasonable inquiry, or if the owner fails to redeem, then the machine may be confiscated and sold by the collector at the end of sixty (60) days, after notice by registered mail to the last known address, if any, of the owner. The proceeds of such sale shall be credited to the general fund of the city.

(Prior code § 5.04.140)

In any trade or profession where a state contractor's license is required by the state, the applicant shall provide satisfactory evidence to the collector that the required state license is then current and valid before a city business license will be issued. A city business license fee may be deposited with the collector and when so deposited shall be held until satisfactory evidence of the state license is provided, for a period not to exceed fifteen (15) days. Such deposits, when the transaction therefor is not completed within fifteen (15) days shall be considered forfeited and thereafter deposited in the general fund of the city.

(Prior code § 5.04.150)

All licenses shall be kept and posted in the following manner, and no person having a duty to do so shall fail, refuse or neglect to comply with the following regulations.

A. Any licensee transacting and carrying on a 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 transacting and carrying on business, but not operating in a fixed place of business in the city, shall keep the license upon his or her person at all times while transacting and carrying on such business within the city.

C. Any licensee using a motor vehicle in connection with his or her business shall affix the license or copy of same to the right-hand lower corner of the windshield of such vehicle, as authorized by the vehicle code.

D. No license certificate shall be exhibited or kept in a conspicuous place by any person when such license has terminated, become delinquent or has been revoked or suspended.

(Prior code § 5.04.160)

It is unlawful for the collector or any of his or her deputies to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any person required to obtain a license, or pay a license fee, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:

A. The disclosure to, or the examination of records and equipment by, another city official, employee or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting fees imposed under this chapter;

B. The disclosure of information to, or the examination of records by, federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;

C. The disclosure of information and results of examinations of records of a particular business license applicant or relating to such applicant, to a court of law in a proceeding brought to determine the existence or amount of any license fee liability of such applicants to the city;

D. The disclosure after the filing of a written request to that effect, to the applicant himself or herself, or to his or her successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid fee, any unpaid fees or amounts of fees required to be collected, interest and penalties; further provided, however, that the city attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this section when in his or her opinion the public interest would suffer thereby;

E. The disclosure of the names and addresses of persons to whom licenses have been issued, and the general type or nature of their businesses;

F. The disclosure by way of public meeting or otherwise of such information as may be necessary to the city council in order to permit it to be fully advised as to the facts when an applicant files a claim for refund of license fees, or submits an offer of compromise with regard to a claim asserted against him or her by the city for license fees, or when acting upon any other matter;

G. The disclosure of general statistics regarding fees collected or business done in the city.

(Prior code § 5.24.010)

A. Construction and Maintenance. For the purposes of fire and police protection, all business establishments in the city shall have and maintain on the front entrance or main entrance of any such establishment, or at other appropriate locations, windows which shall each contain not less than twenty-four (24) square inches of clear glass. Any such window shall at all times be so maintained that an unobstructed view of the interior of any such establishment can be had at any time at normal adult eye level.

B. Supervision of Installation. The chief of police is authorized, directed and empowered to specify the location and shall supervise the manner of installation of any and all windows described by subsection A of this chapter. Such installation shall receive the official approval of the chief of police.

(Prior code §§ 8.12.010, 8.12.020)