San Mateo Municipal Code Ch. 5.15 Permits for Certain Businesses

(a) It is unlawful for any person to operate, engage in, conduct or carry on, or permit such to be done in or upon any premises within the City, the following businesses:

(1) Automobile wrecker;

(2) Campground;

(3) Entertainment, as defined in chapter 5.43;

(4) Escort service;

(5) Health bathing operator;

(6) Health studio;

(7) Junk dealer;

(8) Massage studio;

(9) Masseuse or masseur;

(10) Pawnbroker;

(11) Private street patrol;

(12) Racing forms vendor;

(13) Regulated sale;

(14) Secondhand dealer;

(15) Street vendor;

(16) Taxicab driver;

(17) Temporary vendor;

(18) Towing service; or

(19) Trailer camp

unless a permit for such a business has first been obtained from the bureau and remains in effect in accordance with the provisions of the chapter title.

(b) Unless otherwise provided in this title, each applicant for a permit shall provide the following information:

(1) Declaration under penalty of perjury in duplicate giving the following:

(A) The name and any aliases of applicant,

(B) The current, permanent address and mailing address if different, of applicant,

(C) Local business address,

(D) Description of applicant's personal characteristics,

(E) Brief description of the nature of the business, and method of operation,

(F) If employed, the name and address of employer, together with such credentials as may be required by the license bureau establishing the exact relationship,

(G) The length of time during which the applicant desires to do business,

(H) If vehicles are to be used, each vehicle's description, license number, and other means of identification,

(I) A statement of whether or not applicant or his or her employer has ever been convicted of a felony or misdemeanor, the date, nature thereof, the state of conviction, and penalty assessed therefor,

(J) A statement of whether or not applicant, or his or her employer, has ever been denied or had revoked or suspended, a business permit by the City or any other jurisdiction, and the reasons therefor,

(K) All residence and business addresses of applicant for the preceding three years,

(L) Applicant's occupation for the preceding three years;

(M) Applicant's experience, if any, in the business for which the permit is sought,

(N) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than ten percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply also.

(2) As applicable, a photograph of applicant taken within sixty days immediately prior to the date of filing the application, which photograph shall show the head and shoulders of applicant;

(3) A set of fingerprints of the applicant;

(4) Such other and further information as the Tax Collector may require.

The application shall be signed by each and every owner of the business. If the owner is a corporation, the application shall be signed by the representative designated by the corporation's board of directors.

(c) Unless otherwise specified within this title, a non-refundable charge of fifty dollars shall be made at the time of filing the application for expenses in connection with investigation of the application, and shall be paid to the Tax Collector.

(d) At the time of application for a permit, the applicant shall also file a business tax return pursuant to this title and furnish the information required by Chapter 5.06 of this code. No business tax certificate shall be issued until the investigation is completed on the application for a permit and approved; and then it shall be issued upon payment of the business tax as provided in Chapter 5.24 of this code, together with the permit to operate.

prior code § 44.01

(a) A duplicate of the application designated in Section 5.15.010 shall be referred to the Police Department and such other city departments as the Tax Collector deems necessary for inspection, investigation and recommendation. No permit shall be issued without written approval of the Chief of Police.

(b) If, as a result of such an investigation, the character and business responsibility of applicant are found to be satisfactory, and the business will comply with applicable provisions of this code, the Chief of Police and other departments shall endorse on the application their recommendations and deliver the application to the Tax Collector who shall, if the application is approved, upon payment of the prescribed business tax, issue to the applicant the permit to operate along with a business tax certificate. Such permit shall contain the signature of the issuing officer and shall show the name, address and photograph of the permittee, if applicable, the class of permit issued and the kind of goods to be sold thereunder or the kind of services to be rendered, the amount of fee paid, the date of issuance, and the length of time the same shall be operative, as well as the permit number.

(c) If, as a result of such an investigation, the applicant's character or business responsibility or that of his or her employer is found to be unsatisfactory, the Chief of Police or other department head shall endorse on such application his or her findings and reason for disapproval and return such application to the Tax Collector, who shall notify the applicant that his or her application is disapproved and that no permit will be issued.

(d) A permit which may be issued under this chapter may be refused by the City for any of the following reasons:

(1) Fraud, misrepresentation or false statements contained in the permit application or made in the course of carrying on the business;

(2) Any violation of this title;

(3) Conviction of any felony or misdemeanor involving moral turpitude;

(4) Failure to file the documents required under the provisions of this title;

(5) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

(e) In the event the application has been disapproved, applicant may appeal as provided in this title.

prior code § 44.02

No permit issued under this title may be transferred to any person other than the person to whom it is issued.

No permit holder may change the location of the business within the City as stated in the permit then on file with the Tax Collector without giving 30 days written notice of the proposed change of location to the Tax Collector accompanied by an inspection fee of thirty dollars. The Tax Collector shall notify the police, health, fire, and community development departments of the proposed change in locations.If, as a result of investigation by these departments, the Tax Collector determines that the new location would violate the provisions of any law, he or she shall notify the permit holder in writing that the location shall not be changed or the permit shall be revoked.If a business moves after being notified by the Tax Collector that such a move is not permitted pursuant to this section, the Tax Collector shall suspend the permit of the business.