Chapter 1 — GENERAL LICENSING

Sections:

7-1000 - LICENSE REQUIRED.

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)

7-1001 - DEFINITIONS.

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)

7-1002 - EXEMPTIONS FROM LICENSING.

(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)

7-1003 - APPLICATION FOR LICENSE.

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)

7-1004 - VERIFICATION.

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.

7-1005 - ISSUANCE OF LICENSE.

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)

7-1006 - FEE.

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)

7-1007 - PERIOD OF LICENSE.

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)

7-1008 - RENEWALS.

(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)

7-1009 - POSTING OF LICENSE.

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)

7-1010 - ENFORCEMENT.

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)

7-1011 - Repealed by Ord. 3617. 7-1012 - REVOCATION OF LICENSE.

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)

CHAPTER 1 (a) - SOLICITOR LICENSES

Sections:

7-1013 - LICENSE REQUIRED.

No person shall without first obtaining a license to operate, act or attempt to act within the unincorporated area of the County of San Joaquin as a solicitor or itinerant solicitor.

(Ord. 2334)

7-1014 - DEFINITIONS.

(a)

"Solicitor" is defined for the purpose of this chapter as any person who goes from house to house, place to place, in or along the street, whether by appointment or otherwise, whose primary or secondary purpose if buying, selling or taking orders for or offering to buy, sell or take orders for goods, wares, or merchandise or other things of value for future delivery, or for services to be performed in the future, or who makes telephone calls for such purposes to persons within the unincorporated area of San Joaquin County.

(b)

"Itinerant solicitor" is defined for the purpose of this chapter as any person who, in addition to the matters described in part (a) of this section, has no permanent residence in the County or who does not maintain a principal place of business in the County.

(c)

"Principal place of business" is defined for the purpose of this chapter as a business house separate and distinct from any other business or residence, regularly kept open with an agent acting exclusively for such business in attendance therein between the hours of eight (8) a.m. and five (5) p.m. for at least six (6) hours per day, for at least five (5) days per week.

(d)

"Permanent residence" is defined for the purpose of this chapter as a dwelling within the State of California where an applicant for a license has resided continuously for at least one year immediately preceding the filing of his application, and within the County of San Joaquin continuously for at least one hundred twenty (120) days immediately preceding the filing of his application.

(Ord. 2334; 2988)

7-1015 - APPLICATION FOR LICENSE.

To procure a license to operate as a solicitor or itinerant solicitor, a written application must be filed with the San Joaquin County Treasurer-Tax Collector's Office on forms provided therefor.

(Ord. 2334)

7-1016 - VERIFICATION.

The truth of the matter contained in each application must be verified by the oath of the applicant in the same manner as pleadings in civil actions in this State are required to be verified.

(Ord. 2334)

7-1017 - BOND.

Before a license may be issued under this chapter, the applicant must deposit with the Treasurer-Tax Collector a bond in an amount to be determined on the basis of the anticipated gross revenues from solicitation, and without regard to whether the applicant has a principal place of business or a permanent residence in San Joaquin County. The amount of said bond shall be not less than One Thousand Dollars ($1,000.00) or more than Ten Thousand Dollars ($10,000.00), with surety or sureties to be approved, conditioned that upon failure to comply with any of the conditions or provisions of this chapter the applicant or his sureties will pay any fine of not more than the amount of bond which may be imposed upon the applicant for such failure, and further conditioned that any person aggrieved by any solicitor or itinerant solicitor shall have a right of action on the bond for the recovery of money or damages or both. Said bond shall remain in effect for thirty (30) days after the expiration of a license or any renewal thereof issued pursuant to this chapter.

(Ord. 2334; 2421; 3170)

7-1018 - ISSUANCE OF LICENSE.

Upon the filing of an application for license, the posting of the required bond, the investigation of the information contained in the application by the Sheriff, including the applicant's business background and moral character, and the Sheriff's favorable report thereon to the Treasurer-Tax Collector, the Treasurer-Tax Collector shall issue a license to the applicant. Should the Sheriff report that any of the information in such application is untrue, or that the applicant's character or business responsibility is unsatisfactory, the Treasurer-Tax Collector shall notify the applicant that his application is disapproved and that no license will issue.

(Ord. 2334)

7-1019 - IDENTIFICATION CARD AND FEE.

Any duly licensed solicitor or itinerant solicitor shall, while operating in the unincorporated area of the County of San Joaquin, carry on his or her person at all times an identification card to be furnished by the Treasurer- Tax Collector's Office at the time the license required by this chapter is issued. Said card will state and serve as notice to the public that said solicitor or itinerant solicitor is duly licensed by the County of San Joaquin, and said card must be shown to anyone contacted in person by the solicitor or itinerant solicitor for business purposes before any sale or offer to sell is made or any order taken. The fee for said card shall be set by resolution of the Board of Supervisors.

(Ord. 2334; 2988)

7-1020 - LICENSE FEES.

The fee for each license shall be set by resolution of the Board of Supervisors. The full amount of the fee shall be paid upon the submission of the license application. License fees will not be prorated nor will refunds be granted upon the termination of a business.

(Ord. 2334; 2988)

7-1021 - EXEMPTION FROM FEES AND BOND.

Solicitors and itinerant solicitors employed by a nonprofit charitable or fraternal organization and not themselves profiting from their solicitation are exempt from the fees provided for in Section 7-1020 of this chapter and from the bond required by Section 7-1017. To establish a claim of exemption, such solicitor must file with the Treasurer-Tax Collector, in addition to the application provided for in Section 7-1015 of this chapter, a written, notarized affidavit disclosing the following information: a list of all principals or, if such organization is a corporation, a list of all corporate officers; a financial statement for the business for the most recent fiscal year; the name of the applicant's immediate supervisor; and any other information the Sheriff or Treasurer-Tax Collector may require. No such solicitor is entitled to operate within the County unless and until said organization has obtained the license and said solicitor has obtained the identification card required by this chapter.

(Ord. 2334)

7-1022 - HOURS.

No person may operate within the unincorporated area of the County of San Joaquin as a solicitor or itinerant solicitor before nine (9) a.m. or after seven (7) p.m.

(Ord. 2334)

7-1023 - PENALTIES.

(a)

Any failure to comply with the provisions of this chapter, including failure to obtain a solicitor's license, is a misdemeanor punishable by revocation of the misdemeanant's solicitor's license, by a fine of three hundred dollars ($300.00), by imprisonment in the county jail for a term of not more than three (3) months, or by such revocation and/or fine and/or imprisonment.

(b)

Any person who intentionally or negligently violates this chapter shall be liable for a civil penalty not to exceed twenty dollars ($20.00) for each day in which such violation occurs.

(Ord. 2334; 2988)

7-1024 - REVOCATION OF LICENSE.

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 or civil violation 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)

CHAPTER 1 (b) - PEDDLER LICENSES

Sections:

7-1025 - LICENSE REQUIRED.

No person shall, without first obtaining a license to operate, act or attempt to act within the unincorporated area of the County of San Joaquin as a peddler or itinerant peddler.

(Ord. 2334)

7-1026 - DEFINITIONS.

(a)

"Peddler" is defined for the purpose of this chapter as any person who, at any place in the County of San Joaquin other than a principal place of business for which the peddler holds a business license, sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise or thing in the possession of the seller. "Peddler" does not include salesmen or agents for wholesale houses or firms that sell only to retail dealers for resale, to manufacturers for manufacturing purposes, or to bidders for public works or supplies.

(b)

"Itinerant peddler" is defined for the purpose of this chapter as any person who, in addition to the matters described in Subsection (a) of this section, has no permanent residence in San Joaquin County or who does not maintain a principal place of business in San Joaquin County.

(c)

"Principal place of business" is defined for the purpose of this chapter as a business house separate and distinct from any other business or residence, regularly kept open with an agent acting exclusively for such business in attendance therein between the hours of 8 a.m. and 5 p.m. for at least six (6) hours per day, for at least five (5) days per week.

(d)

"Permanent residence" is defined for the purpose of this chapter as a dwelling within the State of California where an applicant for a license has resided continuously for at least one (1) year immediately preceding the filing of his application, and within the County of San Joaquin continuously for at least one hundred twenty (120) days immediately preceding the filing of his application.

(e)

"Ice cream vehicle" shall mean a vehicle or portable stand or cart engaged in the curbside vending or sale of frozen refrigerated desserts, confections or novelties commonly known as ice cream, prepackaged candies,

prepackaged snack foods, or soft drinks, primarily intended for sale to children under fourteen (14) years of age.

(f)

"Dispense or dispensing" shall mean peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale, selling or giving away.

(Ord. 2334; 2988; Ord. 4259 § 1 (part), 2005)

7-1027 - APPLICATION FOR LICENSE.

To procure a license to operate as a peddler or itinerant peddler, a written application must be filed with the Treasurer-Tax Collector on forms provided therefor.

(Ord. 2334)

7-1028 - VERIFICATION.

The truth of the matter contained in each application must be verified by the oath of the applicant in the same manner as pleadings in civil actions in this State are required to be verified.

(Ord. 2334)

7-1029 - ISSUANCE OF LICENSE.

Upon the filing of an application for license, the investigation of the information contained in the application by the Sheriff, including the applicant's business background and moral character, and the Sheriff's favorable report thereon to the Treasurer-Tax Collector, the Treasurer-Tax Collector shall issue a license to the applicant. Should the Sheriff report that any of the information in such application is untrue, or that the applicant's character or business responsibility is unsatisfactory, the Treasurer-Tax Collector shall notify the applicant that his or her application is disapproved and that no license will be issued.

(Ord. 2334; Ord. 4259 § 1 (part), 2005)

7-1030 - FEE, IDENTIFICATION CARD AND LICENSE.

(a)

Any duly licensed peddler or itinerant peddler shall, while operating in the unincorporated area of the County of San Joaquin, carry on his or her person at all times an identification card to be furnished by the Treasurer- Tax Collector's office at the time the license required by this chapter is issued. Said card will state and serve as notice to the public that said peddler or itinerant peddler is duly licensed by the County of San Joaquin, and said card must be shown to anyone contacted by the peddler or itinerant peddler for business purposes before any sale or offer to sell is made. The fee for said card shall be set by resolution of the Board of Supervisors.

(b)

Upon approval, the Treasurer-Tax Collector shall furnish the peddler with a license bearing name of peddler, a license number, the expiration date and a list of the items of merchandise permitted for dispensing, which shall be displayed at all times in a conspicuous place at the dispensing location.

(c)

No peddler shall dispense any merchandise not listed on peddler's display plate.

(Ord. 2334; 2988; Ord. 4259 § 1 (part), 2005)

7-1031 - LICENSE FEES.

The fee for each license shall be set by resolution of the Board of Supervisors. The full amount of the fee shall be paid upon the submission of the license application. License fees will not be prorated nor will refunds be granted upon the termination of a business.

(Ord. 2334; 2988)

7-1032 - EXEMPTION FROM FEES.

A soldier, sailor or marine who has received from the United States an honorable discharge or release from active duty under honorable conditions, and who wishes to become a peddler or itinerant peddler, is exempt from any and all fees required by this chapter. However, he or she is subject to all other provisions of this chapter, must file with the Treasurer-Tax Collector the statement required of other applicants, and must obtain the license and identification card provided for herein.

(Ord. 2334; 2639; Ord. 4259 § 1 (part), 2005)

7-1033 - SALES FROM VEHICLES OR PORTABLE STANDS.

(a)

No peddler of any goods, wares or merchandise, including food, candy, soft drinks or other edibles, shall sell, vend or peddle merchandise or edibles from any vehicle or any portable stand in the unincorporated area of the County unless, except for times necessary to complete a sale or sales, the vehicle is continually in motion and does not remain within three hundred (300) feet of any previous stopping point for more than twenty (20) minutes in any one (1) day.

(b)

A peddler of prepared foods who utilizes one (1) or more vehicles or portable stands in the manner set forth in the preceding subsection, and who employs one (1) or more persons to operate such vehicles or stands on his behalf, may satisfy the licensing requirements of this chapter by obtaining a peddler's license for each vehicle or stand used by him in lieu of obtaining a license for each employee operating such vehicle or stand, provided that all other requirements of this chapter are met, and provided further, that all of the following conditions are met:

(1)

The peddler applying for a vehicle license has a permanent residence in, or maintains a principal place of business in, San Joaquin County.

(2)

The drivers or operators of said vehicles or stands do not peddle their wares door-to-door or in any manner other than by remaining in or immediately about said vehicle or stand in compliance with Subsection (a) of this section.

(3)

The applicant provides the Treasurer-Tax Collector with a certificate of insurance evidencing coverage of such vehicles or stands for general liability purposes. No vehicle license shall issue under this chapter until evidence of adequate insurance coverage has been required by the Treasurer-Tax Collector.

(c)

No peddler shall dispense any merchandise, other than food, from an ice cream vehicle.

(d)

No peddler shall dispense any merchandise, at any time, including food, from an ice cream vehicle parked or stopped within five hundred (500) feet of the property line of a school between 7:00 a.m. and 4:00 p.m. on regular school days.

(e)

No peddler shall permit a person under sixteen (16) years of age to ride in or on an ice cream vehicle.

(Ord. 2334; 2659; Ord. 4259 § 1 (part), 2005)

7-1034 - HOURS.

Except for persons furnishing edible goods to workers on or about a job site, no person may operate within the unincorporated area of the County of San Joaquin as a peddler or itinerant peddler before 9:00 a.m. or after 7:00 p.m. A person furnishing edible goods to workers on or about a job site may so operate between the hours of 6:00 a.m. and 7:00 p.m. This section does not authorize any licensed peddler or itinerant peddler to enter upon a place of employment or business premises without the consent of the owner or the person having lawful possession or control hereof.

(Ord. 2334; 2639)

7-1035 - PENALTIES.

(a)

Any failure to comply with the provisions of this chapter, including failure to obtain a peddler's license, is a misdemeanor punishable by revocation of misdemeanant's peddler's license, by a fine of three hundred dollars ($300.00), by imprisonment in the county jail for a term of not more than three (3) months or by such revocation and/or fine and/or imprisonment.

(b)

Any person who intentionally or negligently violates this chapter shall be liable for a civil penalty not to exceed twenty dollars ($20.00) for each day in which such violation occurs. The civil penalty for "itinerant peddlers" may be increased to five hundred dollars ($500.00) per day.

(Ord. 2334; 2988)

7-1036 - REVOCATION OF LICENSE.

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 or civil violation 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)

CHAPTER 1 (c) - SERVICE LICENSES

Sections:

7-1037 - LICENSE REQUIRED.

No person who does not have or is not employed by a fixed place of business which holds a current, valid license to operate issued pursuant to Chapter 1 of Division 1 of Title 7 of this Ordinance Code, or who does not hold a current, valid business license issued by any city within the County of San Joaquin, shall, without first obtaining a service license issued pursuant to this chapter, provide or attempt to provide services within the unincorporated area of the County of San Joaquin.

(Ord. 2334)

7-1038 - DEFINITIONS.

(a)

"Services" is defined for the purpose of this chapter as any act of assistance or benefit, any work or labor or any installation, maintenance or repair of real or personal property, whether or not performed in conjunction with the sale of goods, materials or property, which services are performed or offered on a regular, rather than occasional, basis and constitute or are intended to constitute a principal source of income for the service provider or itinerant service provider.

(b)

"Person" is defined for the purpose of this chapter as any person or persons age sixteen (16) or over, or any partnership, trust, corporation, or other entity, who renders services for a specified recompense for a specified result, under the control of the person contracting for such services as to the result of the work only, and not as to the means by which such result is accomplished.

(c)

"Service provider" is defined for the purposes of this chapter as any person who has a permanent residence in San Joaquin County.

(d)

"Itinerant service provider" is defined for the purposes of this chapter as any person who does not have a permanent residence in San Joaquin County.

(e)

"Permanent residence" is defined for the purposes of this chapter as a dwelling within the State of California where an applicant for a license has resided continuously for at least one year immediately preceding the filing of his application, and within the County of San Joaquin continuously for at least one hundred twenty (120) days immediately preceding the filing of his application.

(f)

"Fixed place of business" is defined for the purposes of this chapter as 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.

(Ord. 2334)

7-1039 - EXEMPTION FROM LICENSING.

No license to provide services 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; or who holds a current, valid license to operate issued pursuant to Chapter 1 of Division 1 of Title 7 of this Ordinance Code, or who holds a current, valid business license issued by any city within this County.

(Ord. 2334; 2421)

7-1040 - IDENTIFICATION CARD AND FEE.

Any duly licensed service provider or itinerant service provider shall, while operating in the unincorporated area of the County of San Joaquin, carry on his or her person at all times an identification card to be furnished by the Treasurer-Tax Collector's office at the time the license required by this chapter is issued. Said card will state and serve as notice to the public that said person is duly licensed by the County of San Joaquin, and said card must be shown to anyone to whom services are provided prior to providing such services. The fee for said card shall be set by resolution of the Board of Supervisors.

(Ord. 2334; 2988)

7-1041 - VERIFICATION.

The truth of the matter contained in each application must be verified by the oath of the applicant in the same manner as pleadings in civil actions in this State are required to be verified.

(Ord. 2334)

7-1042 - BOND.

Before the Treasurer-Tax Collector may issue a license under this chapter, the applicant must file with the Treasurer-Tax Collector a bond in the sum of One Thousand Dollars ($1,000.00) executed by an established surety company or by two responsible freeholders residing in the County of San Joaquin, or in lieu thereof shall make a cash deposit with the Treasurer-Tax Collector in the sum of One Thousand Dollars ($1,000.00), conditioned that upon the failure to comply with any of the conditions or provisions of this chapter, the applicant or his sureties will pay any fine of not more than the amount of bond that may be imposed upon the applicant for such failure, and conditioned further, that anyone aggrieved by the action of any person providing or agreeing to provide services under this chapter shall have a right of action on the bond for the recovery of money or damages or both. Said bond shall remain in effect for thirty (30) days after the expiration of a license or any renewal thereof issued pursuant to this chapter.

(Ord. 2334; 2421)

7-1043 - ISSUANCE OF LICENSE.

Upon the filing of and application for license, the posting of the required bond, the investigation of the information contained in the application, including the applicant's business background and moral character, and the Sheriff's favorable report thereon to the Treasurer-Tax Collector, the Treasurer-Tax Collector shall issue a license to the applicant. Should the Sheriff report that any of the information in such application is untrue, or that the applicant's character or business responsibility is unsatisfactory, the Treasurer-Tax Collector shall notify the applicant that his application is disapproved and that no license will issue.

(Ord. 2334)

7-1044 - IDENTIFICATION CARD AND FEE.

Any duly licensed service provider or itinerant service provider shall, while operating in the unincorporated area of the County of San Joaquin, carry on his person at all times an identification card to be furnished by the Treasurer-Tax Collector's Office at the time the license required by this chapter is issued. Said card will state and serve as notice to the public that said person is duly licensed by the County of San Joaquin, and said card must be shown to anyone to whom services are provided prior to providing such services. The fee for said card is $5.00, to be paid at the time of issuance.

(Ord. 2334)

7-1045 - LICENSE FEES.

The fee for each license shall be set by resolution of the Board of Supervisors. The full amount of the fee shall be paid upon the submission of the license application. License fees will not be prorated nor will refunds be granted upon the termination of a business.

(Ord. 2334; 2988)

7-1046 - EXEMPTION FROM FEES AND BOND.

Persons providing services who are employed by a nonprofit charitable or fraternal organization and who do not themselves profit from the provision of such services are exempt from the fees provided for in Section 7-

1045 of this chapter and from the bond required by Section 7-1042. To establish a claim of exemption, such person must file with the Treasurer-Tax Collector, in addition to the application provided for in Section 7-1040 of this chapter, a written, notarized affidavit disclosing the following information: a list of all corporate officers of said organization; a financial statement for the business for the most recent fiscal year; the name of the applicant's immediate supervisor; and any other information the Sheriff or Treasurer-Tax Collector may require. No such person is entitled to operate within the County unless and until said organization has obtained the license required by this chapter.

(Ord. 2334)

7-1047 - PENALTIES.

(a)

Any failure to comply with the provisions of this chapter, including failure to obtain a service provider's license, is a misdemeanor punishable by revocation of the misdemeanant's service license, by a fine of three hundred dollars ($300.00), by imprisonment in the county jail for a term not to exceed three (3) months, or by such revocation and/or fine and/or imprisonment.

(b)

Any person who intentionally or negligently violates this chapter shall be liable for a civil penalty not to exceed twenty dollars ($20.00) for each day in which such violation occurs.

(Ord. 2334; 2988)

7-1048 - REVOCATION OF LICENSE.

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 or civil violation 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)