San Luis Obispo Municipal Code Art. V Administration

The finance director shall have the power, for good cause shown and documented by the finance director as a permanent record, to:

A. Extend the time for filing any required sworn statement.

B. Waive or reduce any penalties which would otherwise have accrued.

C. Adjust the amount of the business license due.

D. Make refunds or pro-rations of license fees paid. (Ord. 1474 § 1, 2005)

The amount of any business license and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. A suit may be brought against any person to enforce the collection of the debt described in this chapter in any court of competent jurisdiction. The conviction of any person for transacting any business without a business license shall not excuse or exempt such person from payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this chapter. (Ord. 1474 § 1, 2005)

For failure to pay the amount of the business license required by the provisions of this chapter prior to the delinquency date, the finance director shall add a penalty. The amount of this penalty shall be set by resolution of the council. (Ord. 1474 § 1, 2005)

The finance director and police chief shall enforce the provisions of this chapter as follows:

A. Duties of the Finance Director and Chief of Police. It shall be the duty of the finance director to enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in such enforcement as may from time to time be required by the finance director.

B. Inspections. The finance director, in the exercise of the duties imposed by the provisions of this chapter, and acting through deputies or duly authorized assistants, shall have the right to enter and examine all places of business free of charge during normal business hours to ascertain whether the provisions of this chapter are being complied with.

C. Penalty for Violation. Any person who violates any provisions of this chapter by transacting and carrying on any business in the city without first having procured a business license from the city or without complying with all of the applicable provisions of this chapter is guilty of an infraction and is subject to punishment as provided for in Chapter 1.12 of the municipal code. (Ord. 1474 § 1, 2005)

When any person, by the use of a sign, circular, card, telephone book, newspaper, other publication or advertising media, shall advertise, hold out or represent that such person is in business in the city, or when any person holds an active license or permit issued by a government agency indicating that such person is conducting a business in the city, and such person fails to deny, by a sworn statement given to the finance director or designee, that such person is not conducting a business in the city after being requested to do so by the finance director or designee, then these facts shall be considered prima facie evidence that such person is conducting a business in the city. (Ord. 1474 § 1, 2005)

All remedies prescribed by the provisions of this chapter shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 1474 § 1, 2005)

The finance director is authorized to revoke any issued business license whenever she or he receives information that would be sufficient grounds to deny issuance of a license under the provisions of this chapter.

A. Notice. The license holder must be informed in writing of the finance director’s intention to revoke the business license at least fifteen calendar days in advance of the proposed effective date of revocation, during which time the holder of the license may contest the proposed revocation before the finance director. The finance director’s notice shall state the reason for the proposed revocation.

B. No Refund of Fees. Upon the revocation of a license as provided in this section, no part of the license fee paid therefor shall be returned.

C. Surrender of License. Whenever a license is revoked, the license holder shall render to the finance director any license document previously issued by the city. (Ord. 1474 § 1, 2005)