San Jacinto Municipal Code Art. 2 License Requirements And Exemptions

There are imposed upon the businesses, trades, professions, callings and occupations specified in this chapter, license fees in the amounts prescribed in this chapter. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so and paying the fee prescribed in this chapter or without complying with any and all applicable provisions of this chapter.

A. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of this state. Persons not so required to obtain a license prior to doing business within the city nevertheless shall be liable for payment of the fees imposed under this chapter.

B. Nothing in this section shall be deemed to exempt any person, organization or association from complying with other provisions of this chapter or any other law or regulation requiring a permit or other approval from the city council or any city department, board, commission or other entity or public official, to conduct any business or activity.

(Prior code § 5.08.010)

A. Branches and Separate Businesses. Except as otherwise specifically provided in this code, a separate license must be obtained for each business and for each branch establishment or location of a business. A separate license must be obtained for each separate business not ordinarily an accepted part of a licensed business although carried on at the same location as such licensed business. Each license shall evidence fee payment only, for the business licensed thereby at the location and in the manner designated in such license.

B. Separate Computation of License Fee. Where a license fee is imposed upon any business, and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business.

C. Dual Classification. Whenever a business may reasonably be classified under two or more separate specific categories set forth in this chapter with differing bases for fee computation, the fee shall be computed using the basis which will render the highest fee.

(Prior code § 5.08.020)

When any person by use of signs, circulars, cards, telephone book, answering service, newspapers or any commercial means, advertises, holds out, or represents that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny same by a sworn statement given to the collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city.

(Prior code § 5.08.030)

Nothing contained in this chapter shall be construed as imposing a license fee on or otherwise regulating or restricting foreign or interstate commerce, and any business or portion thereof which is embraced in the term "interstate commerce," or in the term "foreign commerce," is specifically excepted from its provisions; provided, however, that every person claiming to be entitled to such exemption, shall file a verified statement with the collector disclosing the interstate or other character of the business upon which he or she claims the benefit of such exemption, which statement shall contain the following information:

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

B. The kind of goods, wares or merchandise to be sold or delivered and the place from which the same are to be shipped;

C. The name and address of the local or state manager;

D. The method of solicitation or taking orders, and the method of delivery;

E. The location of any warehouse, factory or plant within the state from which goods, wares or merchandise are to be delivered;

F. A copy of the order blank, contract form, or other papers used by the applicant in taking such orders, shall be filed with the license collector;

G. The name and permanent address of the individual making out the application for the license. In addition to filing such statement, the applicant shall also complete a form of written statement required from the chief of police as set forth in Section 5.04.250. Upon the filing of such statements with the collector and the chief of police, the same shall then be presented to the city attorney, and if it appears to him or her that under the law, the applicant is entitled to exemption from the payment of a license fee, the city attorney shall recommend the issuance of a license certificate without the payment of a fee, and the collector shall comply with such recommendation. If the city attorney recommends the denial of such exemption, then no exemption shall be granted to the applicant; and in such event the applicant shall have such recourse as may be permitted by law.

(Prior code § 5.08.040)

A. Charitable Organizations, Etc. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee to conduct any business; occupation or activity from any institution or organization which is conducted wholly for the benefit of charitable purposes 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, exhibition or lecture dealing with scientific, historical, political, literary, religious or other educational subjects within the city, the receipts whereof are to be appropriated to any service organization, church or school, or to any religious, charitable or benevolent purpose; nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any service club, or religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts thereof are to be appropriated for the purposes and objects for which such organization or association was formed, and from which profit is not derived, either directly or indirectly, by any person; provided, however, that nothing contained in this section shall be deemed to exempt any such organization or association from complying with the provisions of this or any other ordinance of the city requiring a permit or certificate of compliance as set forth in this chapter.

B. War Veterans. Subject to the requirements of this chapter, every person honorably discharged from any of the armed forces of the United States, and physically unable to earn his or her livelihood by manual labor, shall be permitted to hawk, peddle and vend any materials, goods, wares or merchandise (the sale of which is not prohibited by law), without the payment of any license fee required under this chapter, providing that the applicant shall file with or exhibit to the collector, as proof of his right to said exemption, the following documents and/or information:

1. A certificate of honorable discharge from any of the armed forces of the United States, or a certified or exemplified copy thereof;

2. A certificate of disability signed by any practicing physician or surgeon employed by the United States government, the county, or the city;

3. Two copies of a photograph of applicant taken within three years from the date of the application, one of which shall be attached to the license certificate if the same is issued, and the other to be retained by the collector;

4. The permanent residence address of the applicant.

C. Domestic Household Help and Babysitting. The license provisions of this chapter shall not be deemed to include or apply to domestic household help in the employ of an individual homeowner, or a babysitter caring for less than five children in total at a given address including the sitter's own children.

D. Age and Small Income. The provisions of this division shall not apply to any person under eighteen (18) years of age or over sixty-five (65) years of age and whose annual gross income from any such business is less than six hundred dollars ($600.00) annually.

E. Filing for Exemptions.

1. No provisions in this section shall be deemed or construed to require the payment of a business license fee by any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment of such fees as are prescribed in this chapter.

2. Any person claiming an exemption pursuant to this section shall file an application including a sworn statement with the collector stating the facts upon which the exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the fees imposed in this chapter.

3. Any person having claimed exemption pursuant to this section who has filed an application therefor and has been issued a fee-free license/ permit, and who thereafter violates the conditions upon which such exemption is based, shall then become liable for the payment of the previously exempted fees.

4. The collector shall, upon a proper showing contained in the application, issue a permit to such person claiming exemption under this section without payment to the city of the license fee required in this chapter.

5. The collector, after giving notice and reasonable opportunity for hearing to a permittee, may revoke any permit granted pursuant to the provisions of this section upon information that the permittee is not entitled to the exemption as provided in this section.

F. Waiver or Reduction of Fees or Penalties by City Council. The city council, for good and satisfactory cause shown, may order the issuance of a license for less than the fees provided in this chapter, or without the payment of any fee whatsoever.

(Prior code § 5.08.050)

The provisions of this chapter shall not be deemed or construed to require the payment of a license fee by any person peddling exclusively any eggs, fruits, vegetables, or other produce, raised upon the lands of such person; provided, that such person shall furnish good and satisfactory proof and evidence to the collector that all such products were raised by such applicant upon his own lands and that such products must be inspected and approved by the State Agricultural Department if subject to inspection and approval and proof of that inspection shall be attached to the application for permit.

(Prior code § 5.08.060)

A. For the protection of the public peace, health, safety and/or general welfare of the city, it is deemed necessary that in some instances a certificate of compliance must first be obtained before a permit or license is issued to persons seeking to conduct certain specified businesses.

B. Whenever in this chapter such a certificate of compliance is requested, it shall first be necessary for the applicant to file an application in such form as may be adopted by the respective official and/or city officials from whom such certificate of compliance is required. Satisfactory evidence must be produced and presented in support of such application. The application must contain the names and permanent business and residence addresses of the persons by and/or for whom the application is filed, the nature of the business to be conducted, the location and/or locations where such business is to be conducted, the proposed route, if any, of the applicant's operations, the names and addresses of three responsible persons who have known the applicant for more than three years, the period of time the applicant has been engaged in the business sought by him or her to be licensed under this chapter, the places where applicant has been engaged in such businesses, any convictions for violation of any law, appropriate fingerprints of applicant plus required state processing fee, and such other pertinent information concerning the applicant as may be deemed necessary and/or proper to consider in recommending or denying the applicant the permit or license applied for.

C. The collector shall have the authority to require a certificate of compliance when in his or her discretion he or she deems it necessary for those categories of business not specifically mentioned in this chapter as requiring such certificate of compliance.

(Prior code § 5.08.070)