Santa Barbara County Municipal Code Art. I General Provisions

This chapter shall be known as the "solicitors and peddlers chapter," and will hereinafter be referred to as "this chapter."

(Ord. No. 3697, § 1)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

(a) "Applicant" means a person who has applied for, but who has not obtained, any license or license renewal required by this chapter.

(b) "Application" means a written request made to the tax collector by an applicant for any license or license renewal required by this chapter.

(c) "Activity" means a business or occupation and also every other activity for which this chapter requires a license, whether such activity is a business or occupation or neither.

(d) "Board" means the board of supervisors of the county.

(e) "Business" means every activity for which this chapter requires a license whether such activity is a business or occupation or neither.

(f) "Person" means a person as defined by section 1-2 of this Code.

(Ord. No. 3697, § 1)

The tax collector shall collect the license fees and penalties under this chapter when he receives the application for a license, and shall issue or deny licenses for business activities regulated by this chapter, and shall issue a receipt for all such sums collected.

(Ord. No. 3697, § 1)

(a) Statutory—Blind Persons. In addition to those licenses which section 16102 of the State B80 business and Professions Code, or any other law of the state, requires be issued without fee, the tax collector shall issue without a fee a license to any blind person who otherwise would be entitled to such license, if such person files with the tax collector a certificate by a licensed physician and surgeon or by the Bureau of Vocational Rehabilitation of the Department of Education of the State of California that he is a blind person as those words are used in this section. As used in this section a "blind person" means a person having not more than ten percent visual acuity in the better eye with correction.

(b) Welfare Exemptions. This chapter shall not apply to the following entities nor to their authorized representatives, students, members, officers, employees or agents acting on the behalf of such entities:

(1) The federal and state governments;

(2) Local public entities organized under the laws of the State of California;

(3) Educational institutions, including private and public schools, colleges and universities;

(4) Libraries and museums; and

(5) Organizations or associations organized and operated exclusively and solely for religious, hospital, or charitable purposes if the activity which would otherwise be regulated by this chapter but for this exemption, is engaged in by such organization or association exclusively to further such religious, hospital or charitable purposes. "Charitable purposes," as used in this subsection refers to a purpose the object of which is to promote a charity.

The term "charity" means a gift to be applied consistently with existing law, for the benefit of an indefinite number of persons either by bringing their hearts under the influence of education, or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.

"Religious purposes," as used in this subsection refers to a purpose the object of which is to promote a religion. The term "religion" includes:

(A) A belief, not necessarily referring to supernatural powers;

(B) A cult, involving a gregarious association openly expressing the belief;

(C) A system of moral practice directly resulting from an adherence to the belief; and

(D) An organization within the cult designed to observe the tenets of belief.

"Hospital purposes," as used in this subdivision refers to a purpose the object of which is to promote a hospital. The term "hospital" means primarily a service organization defined in Cedars of Lebanon Hosp. v. County of L.A., 35 C.2d 729 as:

It serves three groups: the patients, its doctors, and the public. It furnishes a place where the patient, whether poor or rich, can be treated under ideal conditions. It makes available room, special diet, X-ray, laboratory, surgery, and multitude of other services and equipment now available through the advances of medical science. Essential to the administration of these techniques is the corps of highly trained nurses and student nurses who are on duty twenty-four hours per day. In the large hospitals there are the interns and residents whose presence makes it possible for the hospital to do a better job. In addition, the hospital . . . must have administration to see that its services function properly and are coordinated, and that patients are received and cared for regardless of the hour or the patient's condition. Nothing can be left to chance because a slip may mean a life or many lives.

These facilities also stand ready to serve the community in times of epidemic or disaster.

(c) Juvenile. No license shall be required of any juvenile under the age of eighteen years who has a valid work permit issued by authorized school authorities.

(d) Wholesale Travelers. No license shall be required under the provisions of this chapter, nor any penalty for the nonpayment of a fee enforced against any commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in, in the state at wholesale, and who does not carry with him for delivery, goods sold by him.

(Ord. No. 3697, § 1)

A license granted pursuant to this chapter does not permit any occupation or activity of any kind which is prohibited by this chapter or any other chapter or other ordinance, or by any state statute, law, rule, order or regulation.

(Ord. No. 3697, § 1)

A license may be issued pursuant to this chapter to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of section 17900 et seq. of the State Business and Professions Code, or any statute superseding or taking the place of such code or code section. Otherwise all such licenses shall be issued in the true name of the individual or individuals applying therefor.

Except as above provided, no business so licensed may operate under any false or fictitious name.

A license issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

(Ord. No. 3697, § 1)

Where, from such evidence as he sees fit to require, the tax collector finds, that a license has been lost, he shall issue a duplicate license to the holder thereof upon payment to him of five dollars.

(Ord. No. 3697, § 1)

Every officer and department to which an application for a license is referred may require such additional information and the filing of such additional forms as he deems necessary.

(Ord. No. 3697, § 1)

If any officer or department finds that the facts are such that any one or more of the provisions of section 30-26 of article 3, section 30-35 of article 5, and section 30-50 of article 6 of this chapter relating to the denial of a license would apply if the license is issued without conditions, but that conditions can be imposed which will eliminate any ground for denial provided for, such officer or department shall recommend to the tax collector that such license be issued subject to such condition.

(Ord. No. 3697, § 1)

If any officer or department recommends to the tax collector that a license be issued with conditions pursuant to section 30-9, the tax collector may deny the application for a license, or he may issue the license with or without conditions. In the event the license is granted subject to conditions, the tax collector shall notify the applicant as required by section 30-25 of this article.

(Ord. No. 3697, § 1)

If, at any time, it appears to the board that there are grounds for revocation of a license, but that such grounds could be eliminated by the imposition of conditions, or of additional conditions, or by the amendment of any existing condition to such license, it shall notify the licensee in writing that it intends to impose or amend such conditions and the licensee may, within fifteen days after mailing of such notice, request in writing a hearing under article 5 or 6 of this chapter, whichever is applicable.

(Ord. No. 3697, § 1)

If a licensee applies in writing to the board for a change in the conditions to which his license is subject, the board may grant such application in whole or in part, or may deny such application, based upon the facts found by such body.

(Ord. No. 3697, § 1)

The term for all licenses issued pursuant to this chapter shall be for one year from the date the license is issued by the tax collector, including the date of issuance of the license. However, the tax collector may issue licenses for transient merchants under article 5 of this chapter for terms based on a monthly basis.

(Ord. No. 3697, § 1)

Unless otherwise specifically allowed herein, no license issued pursuant to this chapter may be transferred from one person to another person or from location to another location.

(Ord. No. 3697, § 1)

Where a license costs more than twenty dollars, the licensee upon payment to the tax collector of a fee of five dollars may transfer his license to do business to another site.

(Ord. No. 3697, § 1)

If a license is issued to a partnership or joint venture and the partnership or joint venture is changed by the addition of new partners, the license may be transferred to the new partnership or joint venture if the new partnership or joint venture makes application for such transfer in the same manner as for a new license and pays to the tax collector a transfer fee of five dollars.

(Ord. No. 3697, § 1)

Except as otherwise provided in this article, every licensee who has obtained a license pursuant to the provisions of this chapter may obtain from the tax collector a renewal of such license upon payment of the appropriate fee if no complaint has been filed against such licensee either with the board or sheriff or tax collector, and no complaint for or proceedings for the revocation of such license if filed or pending, without any report from the sheriff, planning commission, board, or other commission, board, or officer.

(Ord. No. 3697, § 1)

In the case of a business having a fixed location, a license for a different location is not a renewal.

(Ord. No. 3697, § 1)

The tax collector shall deposit in the general fund of the county all license fees and penalties collected.

(Ord. No. 3697, § 1)

The county auditor may refund to the licensee all moneys collected by the tax collector because of excess, erroneous or double payment, if the licensee files a proper claim.

(Ord. No. 3697, § 1)

If any fee required by this chapter for a license renewal is not paid thirty days after the expiration of the license for which the renewal is issued, the applicant shall pay a penalty equal to one-half of the fee for the license renewal in addition to the fee for the license renewal.

(Ord. No. 3697, § 1)