San Luis Obispo County Municipal Code Ch. 6.08 Licensing Procedures

Footnotes:

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Editor's note— Ord. No. 3296, § 3, adopted April 21, 2015, amended Ch. 6.08 in its entirety to read as herein set out. Former Ch. 6.08, §§ 6.08.000—6.08.160, pertained to similar subject matter, and derived from Ord. 1635 § 2, 1976; Ord. 2200 §§ 2, 3, 1984; Ord. 2375 § 1, 1988; Ord. 2376 §§ 1—3, 1988.

(a) Every application for a license required by this title shall contain the following:

(1) The name and mailing address of the applicant; if the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation; if the applicant is a partnership, the name and address of each general partner shall be stated; if one or more of the partners is a corporation, the provisions of this section as to a corporate applicant apply;

(2) The names of all other persons having an interest in the enterprise;

(3) If the applicant is a corporation, the name and mailing address of an officer who is duly authorized to accept the service of legal process;

(4) The telephone number of the applicant;

(5) The email address of the applicant;

(6) The name under which the applicant will be doing business;

(7) The nature of the business;

(8) The exact location of the business or the route or territory to be covered if no fixed place of business;

(9) The residence of the applicant or, if a corporation, the principal place of business;

(10) The amount of the license fee; and

(11) A statement that the applicant will not permit or allow violations to any law or ordinance on the premises for which the license is applied.

(b) All applications shall be signed or electronically signed by the applicant prior to the license being issued.

(Ord. No. 3296, § 3, 4-21-15)

(a) Application for a business license must be made to the tax collector before commencement of any business in the unincorporated area of the county. The tax collector may not issue a business license to an applicant if the regulating department or the board makes any of the following determinations:

(1) Upon review and investigation of the application and the applicant by the regulating department, the facts indicate that the applicant should not be granted the business license due to;

a. Illegality of the business activity;

b. Unfitness of the applicant to carry on the business applied for;

c. Nonconformity of the proposed premises or location with Title 22 or 23 of this Code; or

d. Unfitness of equipment of the business for the activities of the business.

(2) The applicant has made a false statement on the application for the business license.

(3) The applicant has omitted information on the application for the business license.

(b) For purposes of this section, an "unfit" applicant includes, but is not limited to, any applicant who, upon review of the application by the sheriff is found to constitute a substantial risk to the public health, safety, and welfare if a business license is issued to the applicant.

(c) An applicant aggrieved by the determination of the regulating department, or departments, with regard to a recommendation for denial of a business license may request a review by the tax collector. The request is made by filing a request for reconsideration with the tax collector pursuant to Section 6.08.170 of this title.

(Ord. No. 3296, § 3, 4-21-15)

Subject to the limitations in Section 6.08.015 of this Code, no license shall be required hereunder by the following:

(1) Any juvenile operating a delivery route for newspapers or any juvenile under the age of eighteen years who has a valid work permit issued by authorized school authorities.

(2) Activities that are otherwise exclusively regulated by state or federal law, or other titles under this Code, unless the state, federal, or county ordinance expressly gives the licensing authority the right to require a business license.

(3) Any person or party having a lease or concession from the county to operate on land owned or operated by the county, or any person or party having a lease or concession to operate on land owned or operated by any public entity.

(4) Persons engaged in a business for the sole use and benefit of charities, religious or educational societies, or other organizations that are exempt from taxation under the constitution and law of this state, including;

a. Nonprofit organizations as defined by California Revenue and Taxation Code Section 23701;

b. Religious organizations;

c. Organizations chartered under federal law for the purpose of soliciting donations for veterans.

(5) "Café musician," as defined in Section 16100.5 of the California Business and Professions Code.

(6) Any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in the State of California.

(7) All public utilities possessing an active (unexpired) franchise.

(8) Transportation companies, except taxicabs.

(9) Any person or party conducting a fund-raiser for a political campaign.

(10) Any business engaged in the selling of agricultural products, vini-cultural products or the products of any livestock operation, when such business or farm complies with the provisions of Title 22 or 23 of this Code, and when such products are sold by their producer.

(11) Any activity commenced or continued, for which the primary purpose is a sport, hobby, personal entertainment, or recreation, without the purpose, objective, or intention of making a profit.

(12) Businesses providing services and holding a license or permit from an incorporated city within this county.

(Ord. No. 3296, § 3, 4-21-15)

Nothing in Section 6.08.010 of this title exempts any business owner from complying with land use ordinances contained in Title 22 or 23 of this Code or federal and state law, or from obtaining approval from any applicable regulating departments, required by this or any other title in this Code.

(Ord. No. 3296, § 3, 4-21-15)

Persons specifically exempt from license fees under Section 16100 et seq. of the Business and Professions Code of the State of California shall not be required to pay a fee for a license under this Code.

(Ord. No. 3296, § 3, 4-21-15)

Unless otherwise specifically provided, all license periods are as follows:

(1) The period of all annual licenses shall begin on the date that the license is issued and shall expire one year later. No license shall be granted or issued for a period longer than one year from the date of issuance.

(2) All businesses for which a daily permit is required shall only be valid for the dates stated on the issued license.

(3) Businesses that are dependent on the issuance of a permit from a regulatory department shall have a license issued only for as long as that permit is active and has not expired.

(Ord. No. 3296, § 3, 4-21-15)

Every person, firm, association, or corporation having a license under the provisions of this title and carrying on a business, exhibition, occupation, or activity at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of the place of business. Every person having such a license and not having a fixed place of business shall carry the license at all times while carrying on the business, exhibition, occupation, or activity for which the same was granted.

(Ord. No. 3296, § 3, 4-21-15)

Every person, firm, association, or corporation having a license under the provisions of this title shall produce and exhibit the same whenever requested to do so by any peace officer or officer authorized to issue and inspect licenses or collect the license fees. In addition, all solicitors and canvassers including their agents or employees are required to exhibit their licenses and identification cards at the request of any person.

(Ord. No. 3296, § 3, 4-21-15)

(a) Upon receiving an application for a business license, the tax collector shall initiate a review of said application by such other county departments as may have regulatory responsibilities with regard to the business described in the application. The applicant and/or the application may be directed to the departments specified by the tax collector, and, upon receiving approval from the departments, the tax collector may issue to the applicant a business license.

(b) Each department shall issue to the applicant a dated receipt showing the date the application has been received by said department for review.

(c) Thereafter, said department shall be responsible to complete its review and make its recommendation to the tax collector within ten days of said receipt, or within such additional time, not to exceed sixty days, as the tax collector may allow to such department upon a request made by the said department within the original ten day period, except that applications which are referred to the sheriff as regulating department shall have thirty days after receipt to respond without any request to the tax collector.

(d) In the absence of any response from a department within the time limit specified herein, the tax collector, upon presentation of the receipt by the applicant showing the time limit to have been exceeded and showing proof of compliance with Title 22 or Title 23 of this Code, must assume a favorable response by said department, and proceed with the processing of the license application accordingly.

(e) In an extraordinary case, for good cause shown, the tax collector may allow any department more time than is stated in this section to complete its review and recommendation to the tax collector.

(Ord. No. 3296, § 3, 4-21-15)

Prior to issuance of a business license by the tax collector, license applications for the following business categories shall be submitted to the specified regulatory departments for their review:

(1) The application to carry on any business in the county shall be first submitted to the county planning and building director for approval or denial pursuant to Title 22 or Title 23 of this Code before a business license may be issued by the tax collector. No license shall be issued to carry on any business at a specific location where the business location or structure would be in violation of Title 22 or Title 23 of this Code.

(2) The application for a business license must be presented to the sheriff for review and recommendations in relation to the following businesses as a prerequisite to the issuance of a license:

a. Amusement parlor or similar activity;

b. Body art establishments;

c. Card games and tables;

d. Massage establishments and massage technicians not exempted by state law;

e. Mobile ice cream vendors;

f. Roadhouse, tavern, bar and/or night clubs, and/or any establishments in which the primary intention is to serve or provide alcoholic beverages;

g. Sale of firearms;

h. Solicitors and canvassers;

i. Taxicabs;

j. Transient merchants, itinerant merchants, and itinerant vendors;

k. Cannabis businesses, as described in chapter 6.90 of this Code.

(3) The application for a business license must be presented to the health officer, and the applicant must obtain a health permit, in relation to the following businesses, as a prerequisite to the issuance of a license:

a. Body art establishments;

b. Collecting and disposal of all types of waste;

c. Food or food products;

d. Swimming pools and spas: All business types for which there will be public access to a swimming pool, spa, or hot tub;

(4) Card Games and Card Tables: All license applications for any business involving card tables or card games shall be submitted to the county board for their approval before a license may be issued;

(5) Businesses that Encroach on the Public Right-of-Way: Any application to carry on a business which encroaches or impairs access on any public right-of-way shall be submitted to the public works director for comments or recommendations before a license may be issued. In accordance with Title 13, of this Code, an application to carry on a business which encroaches or impairs access on any right-of-way of a county maintained road shall also secure an encroachment permit from the public works department before a license may be issued.

(6) Fireworks: Except as provided herein at Chapter 6.32, the sale of fireworks is prohibited in the unincorporated areas of San Luis Obispo County. Applications for a business license for the public display of fireworks shall be submitted to the chief of the applicable fire district or to the Cal Fire/San Luis Obispo County Fire Department for their findings and recommendations, and shall also be submitted to the county board for their approval before a license may be issued;

(7) Animal Services: Any activity subject to the permitting requirements established by Section 9.2 of the county code shall secure such a permit from the animal services manager prior to the issuance of a business license.

(Ord. No. 3296, § 3, 4-21-15; Ord. No. 3360, § 1, 11-27-17)

Upon receiving a response from a department to which the tax collector has referred an application, recommending denial of a particular application, or else recommending conditions to be placed upon the granting of the subject application, the tax collector must weigh and consider the recommendations of the department before making a decision on the subject license application.

The tax collector is empowered to deny applications based upon the recommendation of a department to whom the application has been referred, supported by factual matter, which justifies denial. The tax collector is empowered to condition the issuance of a particular license upon conditions, which ensure compliance with all applicable federal, state, and local laws and regulations pertaining to health and safety.

No application shall be denied without having given the applicant notice of the right to request reconsideration before the tax collector, or a hearing officer appointed by the tax collector, as described in Section 6.08.170.

(Ord. No. 3296, § 3, 4-21-15)

Prior to issuance of a business license for card games, card tables, or the display of fireworks the license application and departmental recommendations must be submitted to the board and a hearing must be conducted. The process for a hearing before the board on applications for licenses shall be:

(1) Upon the completion of review by all appropriate departments per this chapter, the tax collector shall within fifteen days file with the clerk of the board a request for hearing by the board.

(2) Within thirty days of receipt of the request for hearing, the clerk shall schedule a time and place for a hearing before the board, and give the applicant, by certified mail, at least seven days notice of the date and place of the hearing;

(3) The clerk shall also give the tax collector and the appropriate regulating departments at least seven days notice of the date and place of the hearing. Notice to the tax collector may be served by United States Postal Service, by independent mailing service, by interoffice messenger, or by electronic service.

(4) The determination of the board on application pursuant to this chapter shall be final.

(5) At the conclusion of the hearing, the board shall make findings supporting its decision whether the license in question should be issued, issued with conditions, or denied.

(Ord. No. 3296, § 3, 4-21-15)

(a) Every business license issued shall state:

(1) The name of the person, firm, association, or corporation to which it is issued,

(2) The kind of business for which the license is issued,

(3) The location of the business,

(4) The date of its issuance,

(5) The period of time for which it is issued,

(6) The license fee received, and

(7) The expiration date.

(b) Each license issued shall also state any special restrictions or conditions that may limit the business activities, which may be conducted.

(c) The issued license shall be sealed by the tax collector.

(Ord. No. 3296, § 3, 4-21-15)

(a) Except as otherwise provided in this title, every licensee who has obtained a license pursuant to the provisions of this title may obtain from the tax collector a renewal of such license. The board, the sheriff, the tax collector, the health officer, the public works director, or the planning and building director may recommend that the tax collector issue a written notice for the denial of renewal of such license if they receive information, which would have been sufficient grounds to have denied the license, as per Section 6.08.006 of this title.

(b) If a notice for denial is issued the licensee may file a request for hearing with the tax collector and appeal the denial pursuant to Section 6.08.170 et seq. of this title.

(c) If a health department permit is required for the enterprise, and the permit is not renewed, it is the responsibility of the health officer to request that the business license not be renewed, or be revoked if previously renewed.

(Ord. No. 3296, § 3, 4-21-15)

Whenever this title requires the applicant for any license to procure, post, or maintain in effect any bond, undertaking, deposit, surety, or policy of insurance, any license issued on that condition is valid only when such bond, undertaking, deposit, surety, or policy of insurance is in full force and effect. Such license shall be automatically suspended without notice if at any time such bond, undertaking, deposit, surety, or policy of insurance is not in full force and effect. If a new bond, undertaking, deposit, surety, or policy of insurance acceptable to the tax collector is filed before the cancellation or expiration date, then the license will continue in force.

(Ord. No. 3296, § 3, 4-21-15)

A duplicate license may be issued by the tax collector to replace any license previously issued under this title which has been lost or destroyed, upon the licensee filing a signed affidavit with the tax collector and paying the required fee.

(Ord. No. 3296, § 3, 4-21-15)

(a) The licensee may transfer a previously issued business license to another site upon application to the tax collector, if such application is approved by the departments which regulate the business.

(b) No license issued pursuant to this title may be transferred from one person to another person.

(c) If a license is issued to a partnership and the partnership is changed by the addition or deletion of partners, the license may be transferred to the new partnership, upon application to the tax collector, if any of the original partners remain in the new partnership, and if such application is approved by the departments which regulate the business.

(Ord. No. 3296, § 3, 4-21-15)

(a) The tax collector is authorized to revoke any issued business license whenever information is submitted which would be sufficient grounds to deny a license, as per Section 6.08.006.

(b) The tax collector is also authorized to revoke any issued business license whenever an establishment required to remit transient occupancy tax to the county refuses or fails to make timely remittance of the tax, or violates any of the provisions of Chapter 3.08 of this ordinance. If a notice of revocation is mailed due to refusal or failure to pay transient occupancy tax, an immediate suspension of the business license may be issued before the final revocation date.

(c) If the tax collector finds that there is immediate danger to the public health, safety, or welfare, an immediate suspension of the business license may be issued before the final revocation date.

(d) The license holder must be informed in writing of the tax collector's intention to revoke the business license at least fifteen days in advance of the proposed effective date of revocation. The holder of the license may request a reconsideration of the proposed revocation before the tax collector per Section 6.08.170 of this Code. The notice may be served personally or by mail, and shall notify the licensee of the need to discontinue doing business during the time of suspension or revocation.

(e) Upon issuance of written notice of revocation, the license shall be considered revoked, with no further action necessary.

(f) No other business license shall be issued to the person or business entity whose license has been revoked within six months from the date of the revocation.

(Ord. No. 3296, § 3, 4-21-15)

(a) With the exception of applicants for business licenses for cannabis businesses, card games, card tables, and fireworks displays, any applicant aggrieved by the action of the tax collector with regard to issuing, renewal, suspension, or revocation of the license, shall have the right to request a reconsideration hearing before the tax collector.

(b) Upon receiving a request for reconsideration, the tax collector shall promptly schedule a time and place for a hearing, and shall give the applicant or licensee, by certified mail, at least seven days' notice of the date and place of the hearing.

(c) Where the tax collector has taken adverse action against a licensee or applicant based on the recommendation of another regulating department, the tax collector shall provide prompt notice to the appropriate regulating departments, such notice being given at least seven days prior to the date of the hearing. The notice will state the date and place for the hearing. The notice may be served on the regulating departments by United States Postal Service, by independent mailing service, by interoffice messenger, or by electronic service.

(d) At the reconsideration hearing before the tax collector, the applicant or licensee and the regulating department, if any, or their authorized representative, may present such facts and evidence, and written or oral arguments as is necessary and appropriate to address the grounds on which the business license was denied, suspended, revoked, refused renewal, or had changed conditions imposed upon it.

(e) The tax collector shall hold a hearing and, as indicated by the evidence received at the hearing, shall deny the application, revoke the business license, impose conditions on the license continuing to remain in effect, or terminate the suspension and restore the license.

(f) The tax collector shall create a policy of selecting hearing officers consistent with the applicant's right to due process. The tax collector is authorized under this policy to delegate the function of reconsideration hearings to administrative hearing officers under contract or employees of other county departments. Such a policy shall be approved by the tax collector and by the chief administrative officer of the county, or their designees.

(g) The applicant shall have the right to counsel, to compel attendance of witnesses, to confront and cross-examine witnesses, and to present evidence to the extent necessary to comport with administrative due process.

(h) The reconsideration hearing shall not be governed by the formal rules of evidence. Evidence rules shall be consistent with those normally applicable in administrative hearings, including such rules allowing the use of hearsay in administrative hearings.

(i) The hearing shall either be recorded, or a shorthand reporter shall transcribe the proceedings, at the tax collector's discretion. The applicant may, at the applicant's expense, elect to have a shorthand reporter attend the hearing and transcribe the hearing, as long as the tax collector is satisfied as to the reporter's neutrality and independence.

(j) The hearing officer shall notify the tax collector, the applicant, and any applicable regulating department within fourteen days of the hearing's submission.

(Ord. No. 3296, § 3, 4-21-15; Ord. No. 3380, § 1, 11-11-18)

(a) With the exception of applicants for business licenses for cannabis businesses, card games, card tables, and fireworks displays, any applicant or business license holder aggrieved by the action of the tax collector with regard to any decision made in ruling upon a reconsideration hearing pursuant to Section 6.08.170, may request an appeal hearing before the board. Such appeal will be limited to the record as presented at the hearing before the tax collector. No new evidence may be presented at an appeal before the board.

(b) The process for appeal to the board shall be:

(1) Appeal shall be taken by filing with clerk of the board, within fifteen days after the date on which notification of the decision of the tax collector is issued pursuant to Section 6.08.170 of this Code, a request for appeal to the board. Such notification shall be on a form approved by the tax collector, and will be available either on the tax collector's website or will be served along with the notice of adverse action or the decision on an appeal to the tax collector, as appropriate;

(2) Within thirty days of receipt of the request for appeal, the clerk shall schedule a time and place for a hearing before the board, and give the appellant, by certified mail, at least seven days' notice of the date and place of the hearing;

(3) The clerk shall also give the tax collector and the appropriate regulating departments at least seven days' notice of the date and place of the hearing. Notice to the tax collector may be served by United States Postal Service, by independent mailing service, by interoffice messenger, or by electronic service.

(4) The determination of the board on appeal pursuant to this chapter shall be final.

(5) At the conclusion of the hearing on appeal, the board of shall make findings supporting its decision whether the license in question should be issued, reinstated, or revoked, or whether conditions should be imposed on the license in lieu of denial, revocation, or suspension.

(Ord. No. 3296, § 3, 4-21-15; Ord. No. 3380, § 2, 11-11-18)

(a) Appeals involving card games, card tables, or the display of fireworks shall be made directly to the board, without a prior hearing before the tax collector.

(b) The process for appeal from an adverse action to the board shall be:

(1) Appeal shall be taken by filing with clerk of the board, within fifteen days after the date on which notification of the decision of the board is issued pursuant to this Code, a request for appeal to the board. Such notification shall be on a form approved by the tax collector, and will be available either on the tax collector's website or will be served along with the notice of adverse action, as appropriate;

(2) Within thirty days of receipt of the request for appeal, the clerk shall schedule a time and place for a hearing before the board, and give the appellant, by certified mail, at least seven days notice of the date and place of the hearing;

(3) The clerk shall also give the tax collector and the appropriate regulating departments at least seven days notice of the date and place of the hearing. Notice to the tax collector may be served by United States Postal Service, by independent mailing service, by interoffice messenger, or by electronic service.

(4) The determination of the board on appeal pursuant to this chapter shall be final.

(5) At the conclusion of the hearing on appeal, the board of shall make findings supporting its decision whether the adverse action should be affirmed, reversed, or modified.

(Ord. No. 3296, § 3, 4-21-15)

(a) Pursuant to Government Code section 27721, appeals involving cannabis businesses shall be made directly to the county cannabis hearing officer, established under Section 22.40.130.C, without a prior hearing before the tax collector or board.

(b) The process for appeal from an adverse action to the county cannabis hearing officer shall be:

(1) Appeal shall be taken by filing with the tax collector, within fifteen days after the date on which notification of the decision of the tax collector is issued pursuant to this Code, a request for appeal to the cannabis hearing officer. Such notification shall be on a form approved by the tax collector, and will be available either on the tax collector's website or will be served along with the notice of adverse action, as appropriate;

(2) Within thirty days of receipt of the request for appeal, the tax collector or designee shall schedule a time and place for a hearing before the county cannabis hearing officer, and give the appellant, by certified mail, at least seven days' notice of the date and place of the hearing;

(3) The tax collector or designee shall also give the appropriate regulating departments at least seven days' notice of the date and place of the hearing. Notice to the appropriate regulating departments may be served by United States Postal Service, by independent mailing service, by interoffice messenger, or by electronic service;

(4) The determination of the county cannabis hearing officer on appeal pursuant to this chapter shall be final;

(5) At the conclusion of the hearing on appeal, the county cannabis hearing officer shall make findings supporting their decision whether the adverse action should be affirmed, reversed, or modified.

(Ord. No. 3380, § 3, 11-11-18)

Any person seeking relief pursuant to Section 6.08.052, 6.08.170, 6.08.180, or 6.08.190 must do so by making such a request on a form approved by the tax collector and by filing the request in the manner dictated by the tax collector within fifteen days of the tax collector mailing notice of the decision from which relief is sought.

(Ord. No. 3296, § 3, 4-21-15)