Chapter 6.02

"Business operator" means a person who maintains, manages, operates, controls, engages in, conducts, carries on and/or owns a business regulated under this title.

(Ord. 24605.)

"Employee" means any of the following:

• A. Any person who works for or under the direction of, or on behalf of, or as an agent of, a business operator; or

• B. Any independent contractor who uses a motor vehicle or mobile unit as those terms are defined in Chapter 6.54 of this title in order to sell or vend any goods, wares, merchandise, products, or any other

Parts:

• 1 Application Procedures

• 1.5 Emergency Action to Abate Imminent Threats to Public Health, Safety, or Welfare: Summary Suspension Procedures

• 2 Hearing and Appeal Procedure

• 3 Remedies

Part 1

APPLICATION PROCEDURES

Sections:

• 6.02.010 Permit and license procedures. 6.02.020 Application - Form.

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§ 6.02.010

• 6.02.030 Separate permit or license.

• 6.02.040 Certificate of accuracy required.

• 6.02.050 Permit or license application.

• 6.02.060 Ownership/management application or license.

• 6.02.070 Exemption.

• 6.02.080 Expiration date.

• 6.02.090 Proration of permit or license fees.

• 6.02.100 Posting and exhibition of permit or license.

• 6.02.110 Investigation and determination.

• 6.02.120 Criminal background investigation.

• 6.02.130 Denial, suspension or revocation.

• 6.02.140 Renewal of permit or license.

• 6.02.150 Penalty for late renewal.

• A. All permits or licenses required by this title shall be subject to the procedures of this chapter unless different procedures are specified under another chapter of this title for a specific permit or license.

• B. All applications for permits or licenses shall be accompanied by the applicable fee as set forth in the schedule of fees established by council resolution.

• (Ord. 24605.)

An application for any permit or license required by this title must be filed on the form provided by the department head charged with responsibility for issuance of the permit or license. (Ord. 24605.)

Every person shall be required to secure separate permits and licenses in accordance with the requirements of this title for each and every separate office or place of business conducted by such person. (Ord. 24605.)

• A. No permit or license shall be issued to any person who, in connection with his or her business, uses any weight, measure, scale or other apparatus for weighing or measuring any article sold, unless the applicant has provided a certificate of accuracy signed by the county sealer of weights and measures, and dated not more than ninety days prior to the date of the application.

• B. The department charged with the responsibility of the permit or license shall, at the time of issuing any such permit or license, write or stamp upon the face of the certificate of accuracy the permit or license number and the date the permit or license was issued.

(Ords. 24605, 25599.)

• A. Applications for a permit or license shall contain or be accompanied by the following:

  1. The type of ownership of the business, i.e., whether individual, partnership, or a closely held corporation or otherwise. If the applicant is a closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors and of each stockholder, and the name and address of the agent for service of process;

  2. The name under which the business is to be conducted;

  3. The complete address and all telephone numbers of the business;

  4. The name and address of the manager of the business;

  5. The following personal information concerning the applicant, if an individual; and concerning each stockholder, each officer and each director, if the applicant is a closely held corporation; and concerning each partner, including limited

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§ 6.02.080

partners, having an ownership interest in the business of more than ten percent, if the applicant is a partnership; and concerning the manager or other person in charge of the operation of the business:

• a. Name, complete current residence address and residence telephone numbers;

• b. If the person has resided at the current residence address for less than three years, the previous addresses immediately prior to the present address of the applicant for the last three years;

• c. Height, weight, color of hair and eyes, and gender;

• d. Photograph in a form acceptable to the department head;

• e. The business history experience, including but not limited to, whether or not the person in previously operating in this or another city, county or state under a permit or license has had a permit or license denied, revoked or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;

• f. All criminal convictions, other than misdemeanor traffic violations and infractions for any offense listed in Section 6.02.130, the jurisdiction in which the conviction occurred, and the circumstances thereof;

• g. One set of fingerprints in a form acceptable to the department head.

6. Proof of payment of any applicable business tax due to the city pursuant to Chapter 4.76 of the code;

7. Such other information and identification of the person as the department head considers necessary to a complete investigation;

   8. Authorization for the department head to seek other information that the department head considers necessary for a complete investigation and to conduct an investigation into the truth of the statements set forth in the application, including, but not limited to, a criminal history investigation with the California Department of Justice and other law enforcement agencies;

8. A dated statement signed by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct.

• B. An application shall not be deemed complete until all the information required in subsection A. has been provided to the department head and the required fees and any applicable business tax required pursuant to Chapter 4.76 of the code have been paid.

(Ords. 24605, 24644.)

The procedures set forth in this chapter for permits or licenses shall also apply to an ownership/ management application or license. (Ord. 24605.)

Every honorably discharged veteran specified under Sections 16001 and 16001.5 of the California Business and Professions Code who is physically unable to obtain a livelihood by manual labor and who is a resident of the State of California shall be exempt from payment of permit or license fees required for commercial handbill distribution, ice cream truck peddling, and peddling under San José Municipal Code Chapters 6.36, 6.39 and 6.54. (Ord. 24605.)

Unless specifically provided otherwise in this title or in the schedule of fees established by reso-

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§ 6.02.080

lution of the council, all permits and licenses shall be issued for a one-year period and shall expire on the anniversary of the date of issuance. (Ord. 24605.)

Permit or license fees which may be prorated pursuant to other provisions of this title shall be prorated for a partial period for annual, semiannual and quarterly permits or licenses only, as follows:

• A. Businesses or activities commencing at any time during the first quarterly portion of the permitting or licensing period shall pay the full fee for that period;

• B. Businesses or activities commencing at any time during the second quarterly portion of the permitting or licensing period shall pay seventy-five percent of the full fee for the permitting or licensing period;

• C. Businesses or activities commencing at any time during the third quarterly portion of the permitting or licensing period shall pay fifty percent of the full fee for the permitting or licensing period;

• D. Businesses or activities commencing at any time during the fourth quarterly portion of the permitting or licensing period shall pay twenty-five percent of the full fee for the permitting or licensing period.

• (Ord. 24605.)

• A. Every person shall keep any permit or license issued pursuant to this title exhibited prominently in a conspicuous public place on the premises named in the permit or license, or on a vehicle described in the permit or license, while engaged in the subject business.

• B. Any permit or license issued pursuant to this title shall be kept in a readily accessible place and shown to any police officer, city inspector or other person upon request.

• (Ords. 24605, 24644.)

• A. Upon receiving the completed permit or license applications, the department head shall investigate the information required in Section 6.02.050.

• B. The department head shall also investigate the premises of the business for the purpose of assuring that the premises comply with the requirements of this title and applicable public health, safety, welfare and zoning laws set forth in this Code and in state law.

• C. The department head shall make a determination to approve or deny the permit or license within a reasonable period of time after the applicant has submitted a completed application.

(Ord. 24605.)

The chief of police shall conduct a criminal background investigation on any person applying for a permit or license under this title. (Ord. 24605.)

• A. An application for a permit or license may be denied and a permit or license issued pursuant to this title may be suspended or revoked by the department head upon any of the following grounds:

  1. Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession or trade for which the permit or license was issued;

  2. Conviction of a felony within the previous five years;

  3. Conviction for commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another;

  4. Commission of acts which would constitute a felony or which would constitute a crime if the crime is substantially related

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§ 6.02.140

to the qualifications, functions, or duties of the business, profession or trade for which the permit or license was issued;

5. Knowingly making a false statement of fact or omitting a fact required to be revealed in an application for the permit or license, or in any amendment or report or other information required to be made thereunder;

6. The premises in which the permitted or licensed activity will occur or the proposed use for which the permit or license is sought is in violation of any building, zoning, health, safety, fire, police or other provision of this Code or of county, state or federal law which substantially affects the public health, welfare or safety;

7. Violation of the terms and conditions of the permit or license or other requirements of this Code;

8. The applicant, licensee or permittee has owned or leased premises that have been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the premises to be a nuisance within the past five years;

9. Employment or otherwise contracting for the services of a manager whose ownership/management application or license has been denied or revoked;

10. The holding of any ownership interest of more than ten percent of a business, other than a publicly traded corporation, by any person whom the department head has not approved through any applicable ownership/management application procedure;

11. Failure to pay any disturbance response fee imposed pursuant to Section 6.02.310;

12. A prior permit or license application has been denied by the city or any state, county or local agency on one or more of the

grounds provided in this Section 6.02.130 within five years prior to the date of the current application;

13. A permit or license issued by the city or any state, county or local agency has been revoked or suspended within the past five years;

14. The licensee or permittee has conducted the licensed or permitted business in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this Code or Sections 3479 and 3480 of the California Civil Code, on or within one hundred fifty feet of the licensed or permitted premises;

• B. Notwithstanding Subsection A of Section 6.02.010, any application for a permit or license may be denied and a permit or license issued pursuant to this title may be suspended or revoked by the department head if the licensee or permittee fails to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or living and prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is either no pending appeal or the time for filing an appeal has passed and no appeal was filed.

(Ords. 24605, 27602, 27782, 27783, 29741.)

No permit or license may be renewed unless:

• A. An application for renewal of the permit or license, together with the permit or license renewal fees, shall be filed with the department head prior to the expiration date of the current permit or license; and

• B. The permittee or licensee meets all of the requirements of this title.

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§ 6.02.140

• C. If such application for renewal is not filed, or the permit or license renewal fees are not paid, prior to the expiration date of the current permit or license, the permit or license shall be deemed suspended until such time as the application for renewal is filed, the renewal fees, and if applicable, penalties, paid and a new permit or license has been issued.

(Ord. 24605.)

Any person who fails for more than thirty calendar days after the expiration of any permit or license issued under the provisions of this title to apply for a renewal thereof shall be required to pay a penalty of ten percent of the amount of the permit or license fee. Such penalty shall be collected by the department charged with the responsibility for the permit or license at the time of the issuance of a new permit or license. (Ord. 24605.)