Santa Ana Municipal Code § 21-55 Fee-exempt licenses—Limitations

Every person who has been honorably discharged from military service of the United States and who is exempted from the payment of business license taxes by statute of the state may distribute circulars and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of this license tax; subject however to the restrictions, limitations, regulations and conditions hereinafter set forth.

(1) Every applicant must furnish a certificate of physical disability executed by a qualified physician or submit equivalent evidence of disability.

(2) Every applicant must submit to being photographed by the city police department. One copy of said photo shall be permanently affixed to the license issued to said applicant and another copy shall be transmitted to the collector for attachment to the portion of the license application retained by him. The applicant must also sign both the application and the license at the time of the issuance thereof.

(3) A license, when issued, is subject to the following conditions:

(i) Said license shall not be defaced, mutilated, disfigured or otherwise altered subsequent to its issuance; and failure to comply herewith is grounds for revocation of said license and for refusing its renewal or the issuance of a new license thereafter.

(ii) It is nontransferable and for the exclusive use of the licensee named.

(iii) Should a license be found in the possession of one other than the licensee named, it shall be surrendered to the collector and revoked and neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section.

(iv) The licensee named must identify himself by his signature whenever required to do so by any city police officer, or any authorized agent of the collector.

(v) Every license issued under the provisions of this section shall expire on the 31st day of December of the current year; provided however that a license newly issued on or after November 1st of the current year shall expire on the 31st day of December of the next year.

(vi) It shall be unlawful for any person other than the licensee named to use or have in his possession any license issued pursuant to the provisions of this section.

(vii) It shall be unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section or for any person to transfer or convey the certificates mentioned in this section to any other person for the purpose of securing a license as herein provided.

(Ord. No. NS-1922, § 1, 7-20-87)

The provisions of this Chapter shall not be construed to require the payment of a license fee to conduct any business, occupation or activity or require the payment of any license fee from any institution or organization which currently has or is eligible for an exemption from the payment of federal income taxes under Section 501 of the Federal Internal Revenue Code as amended from time to time and/or exemption from the payment of state income taxes under Section 23701 et seq. of the California Revenue and Taxation Code as amended from time to time. An institution or organization claiming a license fee exemption under this section has the burden of furnishing to the collector such information as the collector may require to support the claim of eligibility for exemption.

Nothing in this section shall be construed to relieve an institution or organization which is eligible for or claims to be eligible for exemption from payment of a business license fee from the requirement to obtain a business license as provided in Section 21-52 of this Code.

(Ord. No. NS-1922, § 1, 7-20-87)

Any person, institution or organization claiming exemption from the payment of a business license fee under Section 21-50 shall, nevertheless, apply to the collector for a business license in the same manner, and at the same time as is required in this Chapter of all other persons applying for a business license and shall be subject to the same procedures for enforcement and to the same penalties as provided herein.

(Ord. No. NS-1922, § 1, 7-20-87)

The provisions of this Chapter shall not be deemed or construed to apply to any person doing business in the city on a continuing but part-time basis whose gross receipts therefrom do not exceed the annual qualifying threshold amount per year as set forth in Section 21-120m(a). Any person claiming exemption under this Section shall be required, however, to provide information to the collector or his authorized agent of such nature and in such manner, and at such time as is required in this Chapter of persons applying for a business license and shall be subject to the same procedures for enforcement and for penalties as are provided herein. Provided, further that an annual charge as set forth in Section 21-120m(b) shall be due and payable for the issuance of a gratuitous license receipt.

(Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028, § 5, 6-21-22)

The provisions of this Chapter shall not be deemed or construed to apply to any person engaged in hobby activity in the city. Any person claiming exemption under this Section shall be required, however, to provide information to the collector or his authorized agent of such nature and in such manner, and at such times as is required in this Chapter of persons applying for a business license and shall be subject to the same procedures for enforcement and for penalties as are provided herein. Provided further, that an annual charge as set forth in Section 21-120h(2) shall be due and payable for the issuance of a gratuitous license receipt.

(Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028, § 5, 6-21-22)

(a) Every license issued without payment of the usual fee shall be stamped "Fee-Exempt" upon its face.

(b) Any license issued as fee-exempt shall be subject to suspension and revocation by the collector in the event that it is determined by the collector that the applicant is not entitled to exemption. All such suspensions and revocations shall be made after notice and right to a hearing pursuant to Section 21-41.

(c) Any license issued as fee-exempt shall be void and shall afford no defense in any civil or criminal prosecution if any material statement contained in the application, statement of facts or any other document or representation made to the collector in claiming the exemption is false or fraudulent.

(d) No fee-exempt license may be transferred or loaned.

(e) Upon uncertainty, for lack of information or otherwise, as to the entitlement of any organization or activity to a fee-exempt license, the collector may require the filing of a verified report of all funds received and disbursed by any licensee. Upon demand such licensee shall file said report in the form and detail as required by the collector within fifteen (15) days after demand.

(Ord. No. NS-1922, § 1, 7-20-87)