San Ramon Municipal Code Ch. I General Requirements and Procedures

Business City Collector Dwelling unit Engaging in business Person and persons Sworn statement

City of San Ramon, CA | Municipal Code 107

B3-10. - Exemptions—Disabled veterans. B3-11. - Exemptions—Federal and state agencies. B3-12. - Exemptions—Intercity freight carriers. B3-13. - Exemptions—Nonprofit activities. B3-14. - Exemptions—Part-time occupations. B3-15. - Evidence of doing business. B3-16. - Branch establishments—Separate licenses. B3-17. - License—Contents. B3-18. - Application. B3-19. - Renewal license. B3-20. - Denial of permit—Grounds. B3-21. - Transferability. B3-22. - Duplicate licenses. B3-23. - Posting and display of licenses. B3-24. - Promulgation of rules and regulations. B3-25. - Collector—Authority. B3-26. - Failure to obtain license—Penalty. B3-27. - Failure to file statement or corrected statement. B3-28. - Enforcement authority—Inspection of premises. B3-29. - Appeals. B3-30. - Violation—Remedies cumulative. B3-31 through B3-40. - Reserved.

For the purposes of this division, the following definitions shall apply: Business means and includes professions, trades and occupations, and all and every kind of calling, whether or not carried on for profit. City means the city of San Ramon, a municipal corporation of the state of California. Collector means the city administrative services director or any other person the city manager may designate to administer the business license program. Dwelling unit means a room or suite of two or more rooms designed for or occupied by one or more persons, or family, for living or sleeping purposes, and includes exclusive use of cooking and sanitary facilities, including but not limited to houses, duplexes, apartments, roominghouses, trailer courts or mobile homes. Hotels and motels are not included within this definition. Engaging in business means commencing, conducting or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. Person and persons mean and include all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts or common law trusts, societies and individuals acting and carrying on any business in the city, other than as an employee.

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Sworn statement means an affidavit sworn to before a person authorized to take oaths, or a declaration or certificate under penalty of perjury. (Ord. 165 § 2 (part), 1989)

Persons required to pay a license fee for transacting and carrying on any business under this division shall not be relieved from the payment of any license tax or fee for the privilege of doing such business required under any other ordinance of the city, and shall remain subject to the regulatory provisions of other ordinances. (Ord. 165 § 2 (part), 1989)

The term "license," as used in this division, shall not be construed to mean a permit. The fees prescribed by the business license provisions of this division do not constitute a tax for revenue purposes, but are regulatory permit fees. The payment of a business license fee required by this division and its acceptance by the city, and the issuance of such license to any person shall not enTitle the holder thereof to carry on any business unless he or she has complied with all of the requirements of this code and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law. (Ord. 165 § 2 (part), 1989)

A. There are imposed upon the businesses, trades, professions, callings and occupations specified in this division, license fees in the amounts prescribed by resolution of the city council. B. It is unlawful for any person to transact, carry on and/or engage in any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so and paying the fee prescribed, or without complying with any and all applicable provisions of this division. C. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state. Persons not so required to obtain a license prior to doing business within the city nevertheless are encouraged to comply with the reporting requirements of this division, as set forth in Section B3-18. D. The amount of any license fee and penalty imposed by the provisions of this division shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license fee and penalties and interest. (Ord. 330 § 1, 2000: Ord. 165 § 2 (part), 1989)

A. For failure to pay a license fee when due, the collector shall add a penalty of ten percent of the license fee on the first working day of each month after the due date thereof, providing that the maximum amount of such penalty to be added shall in no event be greater than fifty percent of the license fee. No license or sticker, tag, plate or symbol shall be issued, nor one which has been suspended or revoked be reinstated or reissued, to any person who at the time of applying therefor is indebted to the city for any delinquent license fees.

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B. In addition to the penalties imposed, any person who fails to remit any license fee imposed by the business license provisions of this division shall pay interest at the rate of seven percent per year on the amount of the fee, and is delinquent until paid. (Ord. 165 § 2 (part), 1989)

A. Any person claiming an exemption to this section through Section B3-14 of this chapter shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the fees imposed by this division. B. The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the city for the license fee. C. The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section through Section B3-14 of this chapter upon information that the licensee is not entitled to the exemption as provided herein. (Ord. 165 § 2 (part), 1989)

The provisions of this division shall not require the payment of a license fee on the business of agriculture, except for the retail activities conducted in connection therewith. (Ord. 165 § 2 (part), 1989)

The provisions of this division shall not require the payment of a license fee for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, benevolent or moral subjects within the city whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school, or to any benevolent purpose within the city. (Ord. 165 § 2 (part), 1989)

The provisions of this division shall not require the payment of a license fee to conduct, manage or carry on any business, occupation or activity on property which qualifies for tax exemption under Sections 206 and 214 of the Revenue and Taxation Code. (Ord. 165 § 2 (part), 1989)

Any veteran who is unable to obtain a livelihood by manual labor due to any physical disability may obtain a license to hawk or peddle any goods, wares or merchandise without payment of any license fee, by applying to the license collector and producing a certificate from a duly licensed physician showing the applicant to be physically disabled, evidence of being a legal voter of the state, and a copy of an honorable discharge. (Ord. 165 § 2 (part), 1989)

City of San Ramon, CA | Municipal Code 110

Nothing in this division shall be deemed or construed to apply to any person transacting and carrying on any business on behalf of any agency, department or political subdivision of the United States or of the state of California. (Ord. 165 § 2 (part), 1989)

The provisions of this division shall not apply to intercity freight carriers who are paying an in-lieu tax to the state under the Highway Carriers Uniform Business License Tax Act; provided, however, this exemption shall not be deemed to prohibit the levying of any excise or license tax authorized pursuant to Division 2 of the Revenue and Taxation Code of the state. (Ord. 165 § 2 (part), 1989)

A. The provisions of this division shall not require the payment of a license fee for the conducting of any entertainment, dance, concert, exhibition or lecture by any benevolent, charitable, fraternal, educational, military, state, county or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual. B. No business license under this division shall be required of any nonprofit institution, corporation, organization or association organized or conducted for nonprofit purposes only, when the receipts derived are to be wholly for the benefit of such organization and not in whole or in part for the private gain of any person. This exemption shall not apply to promoters employed by such nonprofit institutions, corporations, organizations or associations. (Ord. 165 § 2 (part), 1989)

The provisions of this division shall not apply to any natural person under the age of eighteen or over the age of sixty-five engaged in any part-time occupation, or any person who performs manual labor only, on an hourly or other time basis, and who furnishes only such tools and incidentals as may be required in the performance of such manual labor. (Ord. 165 § 2 (part), 1989)

When any person makes use of signs, circulars, cards, telephone books or newspapers, and advertises, holds out or represents that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by a sworn statement given to the collector that he or she is not conducting a business in the city, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city. (Ord. 165 § 2 (part), 1989)

City of San Ramon, CA | Municipal Code 111

A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this division shall not be deemed to be separate places of business or branch establishments. (Ord. 165 § 2 (part), 1989)

Every person required to have a license under the provisions of this division shall make application as hereinafter prescribed for the same to the collector of the city, and upon the payment of the prescribed license fee, the collector shall issue to such person a license, which shall contain the following information: A. The name of the person to whom the license is issued; B. The business licensed; C. The place where such business is to be transacted and carried on and, when it is located in the city, a current certificate of occupancy number for such place of business; D. The date of the expiration of such license; E. Such other information as may be necessary for the enforcement of the provisions of this division; F. Mailing address; and G. An endorsement, if applicable, for sale of tobacco products unless the licensee is disqualified from such endorsement by provisions of Section B6-79 of the Municipal Code. (Ord. 319 § 8, 1999: Ord. 165 § 2 (part), 1989)

A. Upon a person making application for the first license to be issued under this division, or for a newly established business, such person shall furnish to the collector a sworn statement, upon a form provided by the collector, setting forth the following information: 1. The exact nature or kind of business for which a license is requested; 2. Whether tobacco products as defined in Section B6-71 of the Municipal Code are to be sold or offered for sale; 3. The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residence of the owners of same; 4. In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residence of those owning the business; 5. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residence of the officers or partners thereof; 6. For established and operating business: the daily average number of employees employed in furtherance of the business being licensed during the ninety-day period preceding the date of application. For new businesses: the daily average number of employees anticipated to be employed to conduct the business during the ninety-day period following the date of the application;

City of San Ramon, CA | Municipal Code 112

7. Any further information which the collector may require to enable him or her to issue the type of license applied for.

B. The collector shall not issue to any such person another license for the same or any other business until such person shall have furnished to him or her the sworn statement and paid the license fee as herein required. (Ord. 319 § 9, 1999: Ord. 165 § 2 (part), 1989)

Licenses are valid for a one-year period from the date of issuance. The collector shall mail a renewal notice/application to the licensee each year prior to the expiration date of the license. Licensee shall return the completed application together with the correct fee prior to expiration of the license. (Ord. 330 § 2, 2000: Ord. 319 § 10, 1999: Ord. 165 § 2 (part), 1989)

A permit or renewal of a permit may be denied for any of the following causes: A. The application is not on the form provided, or does not contain the required information; B. The application contains materially false information; C. Noncompliance with requirements of this code or administrative regulations applicable to such activity or business; D. Equipment, vehicle, device or structure to be used is inadequate or unsafe for the purpose for which it is to be used, or does not comply with all laws; E. Where applicable, applicant has not obtained a certificate of occupancy as required by this code; F. The activity or location of the activity is such as to interfere with or unreasonably obstruct the free flow of vehicular traffic, or with other means of travel on any public street, or with pedestrian traffic on the sidewalks; G. Proof of insurance required by this code as a prerequisite to performance of a particular activity has not been filed with the city; H. The conduct of the business or activity will be contrary to law; I. The conduct of the business or activity will interfere with the preservation of the public peace, health, safety or welfare of the public. (Ord. 165 § 2 (part), 1989)

No license issued pursuant to this division shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee of ten dollars, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved. Provided, further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity. (Ord. 165 § 2 (part), 1989)

City of San Ramon, CA | Municipal Code 113

A duplicate license may be issued by the collector to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing a statement of such fact, and at the time of filing such statement paying to the collector a duplicate license fee of ten dollars. (Ord. 165 § 2 (part), 1989)

A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on. B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his or her person at all times while transacting and carrying on the business for which it is issued. (Ord. 165 § 2 (part), 1989)

A. The collector may make rules and regulations not inconsistent with the provisions of this division as may be necessary or desirable to aid in the enforcement of the provisions of this division. (Ord. 165 § 2 (part), 1989)

A. In addition to all other power conferred upon him, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding thirty days, and in such case to waive any penalty that would otherwise have accrued. B. For the purposes of regulation under this division, the collector shall also have the power to determine whether or not a person is engaged in business in the city when such question arises as a result of an occasional or a single isolated transaction during the course of one or more calendar years. (Ord. 165 § 2 (part), 1989)

The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution of any violation of the business license provisions of this division. (Ord. 165 § 2 (part), 1989)

A. If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector he or she fails to file a corrected statement, or if any person subject to the fee imposed by this division fails to apply for a license, the collector may determine the amount of license fee due from such person by means of such information as he or she may be able to obtain.

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B. If the collector is not satisfied with the information supplied in statements or applications filed, he or she may determine the amount of any license fee due by means of any information he or she may be able to obtain. C. If such a determination is made, the collector shall give notice of the amount so assessed by serving it personally or by depositing it in the United States post office at San Ramon, California, postage prepaid, addressed to the person so assessed at the last known address. Such person may, within fifteen days after the mailing or serving of such notice, make application in writing to the collector for a hearing on the amount of the license fee. If such application is made, the collector shall cause the matter to be set for hearing within fifteen days before the city council. The collector shall give at least ten days' notice to such person of the time and place of hearing, in the manner prescribed above for serving notices of assessment. The council shall consider all evidence produced, and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment. (Ord. 165 § 2 (part), 1989)

A. It shall be the duty of the collector, and he or she is directed, to enforce each and all of the provisions of this division, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the collector or the city council. B. The collector, in the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this division have been complied with. C. The collector, and each and all of his or her assistants and any police officer, shall have the power and authority (upon obtaining an inspection warrant therefor) to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license. Any person having such license theretofor issued, in his or her possession or under control, who wilfully fails to exhibit the same on demand, is guilty of an infraction, and subject to the penalties provided for by the provisions of this division. It shall be the duty of the collector and each of his or her assistants to cause a complaint to be filed against any and all persons found to be violating any of such provisions. (Ord. 165 § 2 (part), 1989)

Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the city council by filing a notice of appeal with the city clerk. The council shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to such person of the time and place of hearing by serving it personally, or by depositing it in the United States post office at San Ramon, California, postage prepaid, addressed to such person at the last known address. The council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any section of this division. (Ord. 165 § 2 (part), 1989)

All remedies prescribed hereunder 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 hereof.

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(Ord. 165 § 2 (part), 1989)

B3-31 through B3-40. - Reserved.