San Joaquin County Municipal Code Ch. 1 General Licensing

No person shall maintain, conduct or carry on a business, whether or not for profit, located in whole or in part at a fixed place of business within this County and outside the limits of any incorporated city, without first obtaining a license to operate, as herein provided. Furthermore, no person shall establish a new or additional business use of any building, or participate in a change of business ownership without first obtaining a new license to operate, as herein provided.

(Ord. 2334)

For the purpose of this chapter, certain words and phrases are defined as follows:

(a) Business. An occupation, profession or trade; the purchase and sale of wares, merchandise or goods; engagement in commerce, manufacturing or the provision of a service; a building or locale where commerce is carried on.

(b) Fixed Place or Business. A business house or premises separate and distinct from any other business or residence, regularly kept open with an agent acting exclusively for such business in attendance, or an outdoors location where a business is regularly carried on.

(c) Person. Any natural person or persons, or any partner or partnership, trust, corporation, or other entity.

(Ord. 2334)

(a) No license to operate is required of any person who is specifically exempted from local licensing requirements by Section 7032 of the Business and Professions Code or by any other provision of law.

(b) No license to operate is required of any farmer selling his own agricultural produce in this County at a fixed location, nor of any manufacturer whose gross sales are less than One Thousand Dollars ($1,000.00) annually and who sells his own products on his own property at retail or wholesale, provided such products are manufactured or produced exclusively within this County.

(Ord. 2334; 2421)

To procure a license to operate, a written application must be made to the San Joaquin County Community Development Department on forms provided therefor. An application fee, as specified in Title 9, shall be submitted with the application. An application filed as a result of enforcement proceedings pursuant to Section 7-1010, shall be subject to an application fee two (2) times the normal application fee.

(Ord. 3617)

The truth of the matter contained in each application must be verified by the oath of the applicant, if a natural person, or by the oath of one of the officers of an artificial entity in the same manner as pleadings in civil actions in this State are required to be verified.

Upon the filing of an application for license, the meeting of the requirements of this chapter, the payment of required fees and the approval of such application by the Community Development Department, Department of Public Works, Fire Warden and Public Health Services, the Treasurer-Tax Collector shall issue a license to the applicant; provided, that the applicant shall make all reasonable and diligent efforts to comply in a timely manner with the requirements imposed by the reviewing bodies listed herein. Such efforts shall include, but not be limited to, applying for required permits and completing any necessary repairs or corrections prior to commencing business operations if the deficiency identified by the reviewing authority is deemed by that authority to pose an imminent hazard to persons entering or approaching the applicant's place of business. If the deficiency noted by the reviewing authority is deemed not to pose such a hazard, then the applicant shall have thirty (30) days from receipt of written notice of the deficiency to apply for the appropriate permit and to complete any necessary repairs or corrections.

Failure to complete such compliance within one hundred eighty (180) days from the date the application was filed shall result in the expiration of the application and the forfeiture of the filing fee. The Community Development Department shall give the applicant two (2) weeks' written notice that the application is incomplete and due to expire. Failure to receive said notice shall not relieve the applicant from the duty to complete the requirements imposed by this section.

(Ord. 2639; 2988; 3617)

The fee for each license to operate shall be set by resolution of the Board of Supervisors. The full amount of the license fee shall be paid in advance upon the submission of the license application to the Planning Department. License fees will not be prorated, nor will refunds be granted upon the termination of any business.

(Ord. 2988)

Licenses shall remain in effect for a period not to exceed either one (1) year or three (3) years from date of filing the application therefor. Issued licenses shall be retroactive to the date the application was filed. During this period no additional business location may be established, no change or expansion in the business use of any new or existing building may be made, and no change in the business ownership may occur, until the Treasurer-Tax Collector has been notified thereof and the appropriate fee has been paid. The fee schedule for notification of such changes shall be established by resolution of the Board of Supervisors. Failure to so notify the Treasurer-Tax Collector within thirty (30) days of any such change may result in the termination of the existing license and a direction from the Director of Community Development to cease all business operations thereunder until a new license is procured.

(Ord. 2988; 3617)

(a) Upon the expiration of the license a renewal application shall be submitted no later than the next business day to the Treasurer-Tax Collector on forms provided therefor. Failure to timely pay the renewal fee, as established by resolution of the Board of Supervisors, shall result in the termination of the right to conduct business operations until a new license is procured. A new license shall issue upon payment of the renewal fee so established and the payment of a ten dollar ($10.00) penalty if the filing is late.

(b) Any person renewing greater than ninety (90) days after the expiration date, must reapply for a business license as if none were ever issued.

(Ord. 2334; 2988; 3570; 3617; 3687)

Any person conducting a business licensed under this chapter shall post his license to operate in a conspicuous place at his place of business, shall keep it posted until its date of expiration, and shall then remove it. No licensee shall conduct or permit to be conducted the business for which the license has been issued while the license is not so posted. Every person having a license issued under the provision of this chapter shall produce and exhibit it whenever requested to do so by any peace officer or by any officer authorized to issue, inspect or collect licenses.

(Ord. 2334)

The provisions of Chapter 9-1905, Division 19 of Title 9 of this Code shall be applicable in any of the following cases:

(a) Operating a business without first securing a license;

(b) Operating a business where a license has not been renewed; or

(c) Operating a business that is not in compliance with the requirements of the agencies identified in Section 7-1005.

(Ord. 2334; 2988; 3617; 3788)

A license issued pursuant to this chapter may be revoked after hearing by the San Joaquin County Board of Supervisors upon proof that the applicant has been convicted during the term of such license of a crime prosecuted in the name of the people of the State of California, provided such conviction is related to the applicant's conduct of his business.

(Ord. 2334; 2988; 3617)