San Jacinto Municipal Code § 5.04.340 License fee—When payable

A. Unless otherwise specifically provided, all annual license fees are due and payable upon demand of the collector and shall be delinquent in accordance with the provisions of Section 5.04.350.

B. Each person required to have a license shall be liable for the payment of the fee for the full term.

C. When a person makes application for a license as a new owner of an existing business, and when the preceding owner has paid the annual business license fee, the new owner shall be issued a license for the unexpired term of the preceding owner's license for a transfer fee plus ten percent (10%) of the current annual business license fee for that business; provided, that the new owner shall otherwise have his or her application processed as though he or she were a new license applicant.

(prior code § 5.16.010; Ord. 23-09 § 3; Ord. 23-10 § 3)

All renewal licenses shall be delinquent if not paid within thirty (30) days of the expiration date. A penalty of ten percent (10%) of the license fee shall be added to delinquent licenses on the first day of the succeeding month after the due date thereof, and an additional penalty of twenty percent (20%) shall be added thereto on the first day of each succeeding month thereafter; provided, that the amount of such penalties to be added shall not exceed one hundred percent (100%) of the license fee due.

(prior code § 5.16.020; Ord. 23-09 § 4; Ord. 23-10 § 4)

A penalty of fifty (50) percent of the prescribed license fee, or twenty dollars ($20.00), whichever is higher, shall be added to the license for any business starting operations before first applying for and securing a business license, unless otherwise provided.

(Prior code § 5.16.030)

In addition to all other powers conferred upon him or her, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued, except that ten percent of any fee determined to be payable shall be added thereto.

(Prior code § 5.16.040)

The amount of the fee of any license imposed under this chapter shall be deemed a debt to the city; and any person, firm or corporation carrying on any business mentioned in this chapter without having a license from this city to do so shall be liable to an action in the name of the city in any court of competent jurisdiction, for the amount of license fee imposed herein on such business.

(Prior code § 5.16.050)

The city attorney or the collector may, on behalf of the city, take all appropriate legal action in order to collect such debts owing to the city, and may commence, or defend in the name of the city in any court of competent jurisdiction, an action or actions relating to any amount of license fee, penalties and interest alleged by the collector to be due the city, or an action to collect the amount of any delinquent fee, together with penalties and interest due.

(Prior code § 5.16.060)

In case of recovery by the plaintiff, court costs shall be added to the judgment as costs to be collected from the defendant or defendants.

(Prior code § 5.16.070)

If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector he or she fails to file a corrected statement, or if any person subject to a license fee imposed under this chapter fails to apply for a license, or if any such person disputes the amount of the fee due or the categorization of the business involved, the collector may determine the amount of license fee due from such person by means of such information as he or she may be able to obtain.

(Prior code § 5.16.080)

If the collector is not satisfied with the information supplied in statements or applications filed, he or she may determine the amount of any license due by means of any information he or she may be able to obtain.

(Prior code § 5.16.090)

If a determination pursuant to Sections 5.16.080 and 5.16.090 is made, the collector shall give a notice of the amount so assessed by serving such notice personally or by depositing it in the United States Post Office at San Jacinto, California, postpaid, addressed to the person so assessed at his or her last known address. Such person may, within fifteen (15) days after the mailing or serving such notice, make application in writing to the collector for a hearing on the amount of the license fee. If such application is made, and the collector does not make an adjustment in the assessment satisfactory to the applicant, the collector shall cause the matter to be set for hearing within thirty (30) days before the city council. The collector shall give at least ten days' notice to such person of the time and place of hearing in the manner prescribed in this section for serving notices of assessment. The council shall consider all evidence produced, and shall make findings thereon, which shall be final. Notices of such findings shall be served upon the applicant in the manner prescribed in this section for notices of assessment.

(Prior code § 5.16.100)

In no case shall any mistake by any officer or employee of the city in stating the amount of a license fee prevent or prejudice the collection by the city of what should be actually due from any person carrying on a business subject to a license fee under the provisions of this chapter.

(Prior code § 5.16.110)

The collector and his or her deputies are appointed inspectors of licenses, and in addition to their several other duties, are authorized, directed and empowered to investigate all places of business and all persons conducting any business in the city, and shall have power and authority:

A. To enter, free of charge, at any reasonable time, any place of business for which a license is required under this chapter, to demand the exhibition of a license therefor for the current term of and from the person then and there in charge, or apparent charge, of such business; and if such person shall then and there fail to exhibit such license upon demand, the person shall be deemed guilty of an infraction and shall be punishable as provided in this chapter;

B. To make arrests for the violation of any of the provisions of this chapter and/or any other business license ordinance;

C. To file complaints in the proper court against any and all persons violating any of the provisions of this chapter or any other business license ordinance;

D. It is the duty of the collector to prepare and issue a license certificate to every person paying a license fee authorized under this chapter.

(Prior code § 5.16.120)