San Marino Municipal Code Art. 02 Requirement for License

This chapter is enacted for the purpose of providing revenue for the city. It is also enacted for the purpose of regulating certain of the businesses specified therein; provided, however, that only the revenue and none of the regulatory or criminal provisions of this chapter shall apply to any business exclusively regulated by the state or other governmental agency. (Ord. 948, 11-16-1988)

A. It shall be unlawful for any person, other than an employee of a person required to procure a license certificate from the city, to engage in business in the city without having first procured a license certificate from the city.

B. It shall be unlawful for any person required to obtain a license certificate from the city to retain the services of an independent contractor unless the independent contractor shall have first procured a license certificate from the city.

C. It shall be unlawful for any property owner or occupant to retain the services of an independent contractor to assist in constructing in the city a project requiring a building, electrical, plumbing or mechanical permit unless the independent contractor shall have first procured a license certificate from the city. (Ord. 097-1111, 8-13-1997)

For each business operating from a fixed location, a separate license certificate shall be obtained for each separate branch, establishment or location of the business. Each license certificate shall authorize the licensee to engage only in the business licensed therefor at the location and in the manner designated on the certificate. (Ord. 948, 11-16-1988)

A. Each commercial business operating from a fixed location within the city shall provide the city with a listing of all available off street parking spaces assigned specifically to the business. Said listing shall be on a form provided by the city.

B. The listing of off street parking spaces shall be submitted to the city with the business application for a city business license.

C. The city shall not process a business license application until such time as the parking space listing has been provided to the city. (Ord. 950, 11-16-1988)

A. Prohibited Businesses: No license certificate shall be issued for any business operation specifically prohibited pursuant to chapter XXIII of this code.

B. Special Commercial Operations: No license certificate shall be issued for any business requiring a conditional use permit to be issued by the planning commission pursuant to chapter XXIII of this code unless said conditional use permit shall have first been approved. (Ord. 948, 11-16-1988)

C. Illegal Or Unlawful Business: No license certificate shall be issued if the business is an illegal or unlawful business or practice under the laws of the United States, the laws of the state of California, the federal and state constitutions, this code, or any other applicable law, ordinance, rule or regulation; or involves the furnishing, sale, or provisioning of any service, good, or product that is illegal or prohibited under the laws of the United States, the laws of the state of California, the federal and state constitutions, this code, or any other applicable law, ordinance, rule or regulation; or the business, or any part, conduct, or aspect of the business, is prohibited in the particular location or zone by any law, ordinance, rule, or regulation.

D. Issuance Of Certificate: Issuance of a license certificate in violation of subsection A, B or C of this section shall be void and shall not confer a vested right to operate the business. (Ord. 0-10-1234, 7-30-2010)

The council finds and determines that certain types of businesses are conducive to situations inimical to the health, welfare, safety and morals of the residents of the community and are inconsistent with the history and development of the city, depending on the method of operation thereof and the character of the operators thereof. These businesses shall include:

A. Bankrupt sales.

B. Circuses, carnivals and sideshows.

C. Pawnbrokers.

D. Escort services.

E. Theatrical or professional entertainment in a commercial establishment.

F. Places of amusement, entertainment or exhibition for which a license is required under provisions of this chapter.

The council may investigate or may have the city manager or his/her designee investigate and shall have the right to grant or deny any application for a license certificate for the above mentioned businesses based on the impact on the general welfare of the community. If such application is granted, the council may impose such terms, conditions and restrictions upon the operation, management and conduct of such business or operation as it may deem necessary or expedient to protect the health, safety, welfare and morals of the city and its inhabitants.

For purposes of this section, any theatrical or professional entertainment performances sponsored, used, shown, operated or maintained by any owner, lessee, occupant or operator of any commercial establishment in the city in conjunction with, as an adjunct to or in promotion of such commercial establishment, or the wares, services, merchandise or products thereof, or any part thereof, shall require a separate business license certificate for each theatrical or professional entertainment performance. (Ord. 948, 11-16-1988; amd. 1994 Code)

The issuance of any license certificate and the payment of any license tax therefor as required by this chapter shall not entitle the holder thereof to carry on any business on or in any building or premises designated on the license certificate where such business or such building or premises is situated in an area in which the conduct of such business would be in violation of any law, the provisions of chapter XXIII of this code or any other ordinance of the city. (Ord. 0-03-1171, 6-11-2003)

The city manager may deny an application for a license certificate for the year in which the application is made if the city manager finds that the person or business making said application has violated other sections of this code in addition to having failed to obtain a license certificate prior to the start of the business activity. The applicant has the right to appeal this decision pursuant to section 11.02.15 of this article. (Ord. 0-03-1171, 6-11-2003)

A. The provisions of this chapter shall not be deemed or construed to require a license certificate or the payment of a license fee for the following:

1. Civic Or Charitable: The conducting, managing or carrying on of any business, occupation or activity by any institution or organization which is conducted, managed or carried on solely for the benefit of civic or charitable purposes and from which no profit is derived, either directly or indirectly, by any person.

2. Charitable Entertainment: The conduct of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious, civic or benevolent purpose or any educational foundation within the city.

3. Civic Entertainment: The conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts for any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purposes and objects for which such association or organization is formed and from which no profit is derived, either directly or indirectly, by any person; provided, however, that nothing contained in this section shall be deemed to exempt any such institution or organization from complying with the provisions of any chapter of this code or other state or federal law.

4. Minor Students: The conducting of a business, otherwise permitted by city ordinance, by youth, under the age of eighteen (18) years, living in the city. Said exemption may be authorized by the city manager upon receipt of proof of such status.

5. Auctioneers: The arranging, managing, sponsoring or carrying out of an auction sale of goods, wares, merchandise or any real or personal property by any such person, provided that such person be licensed with the California auctioneer commission 1 . No provisions of this chapter, however, prohibit the city from imposing a business license fee requirement on licensed auctioneers and auction companies whose permanent place of business is located within the city.

B. The provisions of this chapter shall not be deemed or constructed to require payment of a license fee by any person engaged in any business exempt from the payment of a business license fee pursuant to the constitution or laws of the state of California, or the constitution or laws of the United States. Such person shall be exempt from the payment of the business license fee, but shall not be exempt from the requirement to obtain a license certificate. (Ord. 0-03-1176, 12-10-2003)

No license certificate issued under any provision of this chapter shall, in any manner, be transferred or assigned, nor shall it authorize any person other than the licensee or the licensee's employees therein named to engage in business. (Ord. 097-1111, 8-13-1997)

A. Fixed Place Of Business: Every person having a license certificate under the provisions of this chapter and having a fixed place of business in the city shall keep such certificate posted and exhibited while in force in some conspicuous part of the place of business.

B. No Fixed Place Of Business: Every person having a license certificate under the provisions of this chapter and not having a fixed place of business in the city shall carry such certificate with him/her at all times when engaged in the business for which the certificate has been granted. (Ord. 948, 11-16-1988)

C. Penalty: The penalty for each violation of this section shall be fifty dollars ($50.00). (Ord. 0-03-1171, 6-11-2003)

A. Wheeled Vehicles Except For Delivery And Service Vehicles For Fixed Places Of Business:

1. Every person operating a wheeled vehicle for which a license certificate is required under this chapter, except as provided for in subsection B of this section, shall procure, in addition to the certificate, a vehicle sticker for each vehicle to operate within the city. The vehicle sticker shall contain the license plate number of the vehicle to which it is assigned and a sticker number to be assigned by the city.

2. The vehicle sticker shall be attached in a conspicuous location on the rear of the vehicle to which it is assigned in such manner that the sticker shall be plainly visible at all times.

3. Vehicle stickers shall not remain on a vehicle after the expiration date of said sticker.

4. It shall be unlawful for any person, other than the licensee, his/her authorized agent, or an officer of the city, to take or remove any vehicle sticker required pursuant to this section from a vehicle to which it has been attached.

5. The penalty for each violation of this section shall be fifty dollars ($50.00).

B. Delivery And Service Vehicles For Fixed Places Of Business: Any person having a license certificate under the provisions of this chapter for a fixed place of business within the city, which business also provides delivery or service related services, shall not be required to exhibit the city's vehicle sticker on vehicles operating within the city; provided, however, that each and every vehicle operating in the city under said certificate without exhibiting a vehicle sticker shall bear the name of the person or business and the address of the fixed place of business in an exterior location plainly visible to the public. (Ord. 0-03-1171, 6-11-2003)

Every person having a license certificate under the provisions of this chapter shall present the certificate whenever requested to do so by any police officer, firefighter, or other official of the city authorized by this chapter. (Ord. 097-1111, 8-13-1997)

Any permit or license certificate issued pursuant to this chapter may be revoked or suspended by the city manager if the city manager finds and determines that: a) the licensee is conducting a business not permitted by the license certificate; or b) the licensee is engaged in a felonious activity prohibited by state or federal law; or c) the licensee is conducting his/her business in a manner that threatens the health and public safety of the community; or d) the licensee has refused to comply with a legal requirement of the city as may be contained in this code.

The city manager may revoke or suspend a license certificate or permit only after the grounds of complaint have been presented to the licensee, and the licensee has been provided an opportunity to present his/her position before the city manager. (Ord. 948, 11-16-1988)

Any licensee who has had his/her license certificate or permit denied, revoked or suspended by the city manager pursuant to section 11.02.08 or 11.02.14 of this article shall be provided an opportunity to appeal the denial, revocation or suspension to the city council. An appeal shall be processed as follows: (Ord. 0-03-1171, 6-11-2003)

A. Filing An Appeal: A licensee desiring to appeal the determination of the city manager shall file a request for an appeal with the city clerk no later than fifteen (15) days following the determination of the city manager and shall pay a filing fee of fifty dollars ($50.00).

B. Scheduling The Appeal: The city clerk shall place the appeal on the agenda of the next regular meeting of the council, provided the legal requirement for the posting of agenda items can be met. Notice of the time and place of the hearing will be sent to the appellant.

C. Council Hearing: The council shall be provided the grounds of complaint against the licensee and the basis for the city manager's determination to deny, revoke or suspend the license certificate or permit. The licensee shall be provided an opportunity to present information to the council, in writing, or in person in opposition to the city manager's determination. The council may continue the appeal hearing from time to time.

D. Determination By The City Council: After conducting the hearing and based on the information presented and the determination that: 1) the licensee is conducting a business not permitted by the license certificate; or 2) the licensee is engaged in a felonious activity prohibited by state or federal law; or 3) the licensee is conducting his/her business in a manner that threatens the health and public safety of the community; or 4) the licensee has refused to comply with a legal requirement of the city as may be contained in this code, the council may:

• 1. Uphold the determination of the city manager and deny the appeal.
• 2. Modify the determination of the city manager.
• 3. Overrule the determination of the city manager and approve the appeal.

E. Findings Of Council Final: The determination of the council shall be final and conclusive on the matter. (Ord. 948, 11-16-1988; amd. 1994 Code)

In the event that a license certificate or permit is revoked or suspended pursuant to this article, the holder of the certificate or permit shall forthwith surrender said certificate or permit to the city. No refund shall be provided for any tax or portion thereof paid for the license certificate or permit. (Ord. 0-03-1171, 6-11-2003)

The surrender of a license certificate or permit pursuant to this article shall not constitute a waiver of the requirements of the licensee to pay all penalties due pursuant to this chapter. (Ord. 948, 11-16-1988)

Any interested party may seek judicial review of a final decision regarding the issuance, revocation, suspension, or denial of a permit or license for an activity protected by the first amendment of the United States constitution in accordance with the terms and procedures provided by California Code of Civil Procedure section 1094.8. (Ord. 0-03-1172, 5-5-2003)