Santa Barbara County Municipal Code § 22-4 Exemptions—Statutory; blind persons

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

Applicant. A person who has applied for, but not obtained any license, permit, certification, or renewal thereof, required by this chapter.

Application. A written request made to the tax collector or other appropriate officer or body, by an applicant for any license, permit, certification, or renewal thereof, required by this chapter.

Alcoholic Beverage. Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

Activity. 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.

Business. Every activity for which this chapter requires a license, whether such activity is a business or occupation or neither.

(Ord. No. 1077, §§ 22, 23, 24, 25, 28)

The tax collector shall collect the license fees and penalties under this chapter when he receives the application for a license, and perform such other duties as are by this chapter prescribed, and shall issue a receipt for all such sums collected.

(Ord. No. 1077, § 125)

On or before the tenth day of each month the tax collector shall prepare a report showing in the case of all licenses either issued, denied, or where the application has been withdrawn:

(a) All penalties collected.

(b) All fees collected for licenses which have been issued.

(c) All sums retained from fees paid with applications which have been denied or withdrawn.

The tax collector shall deposit all such sums so reported in the general fund of the county treasury.

(Ord. No. 1077, § 127)

In addition to those licenses which section 16102 of the State 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 shall mean a person having not more than ten percent visual acuity in the better eye with correction.

(Ord. No. 1077, § 130)

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. Nothing herein contained shall be deemed to regulate or impose a license upon any business, exhibition or occupation carried on within the boundaries of any incorporated city or town.

(Ord. No. 1077, § 131)

* As to solicitors and peddlers, see ch. 30 of this Code.

No license shall be required of any newspaper, nor of any newsboy operating a delivery route for newspapers, nor of any juvenile under the age of eighteen years who has a valid work permit issued by authorized school authorities.

(Ord. No. 1077, § 134)

* As to juveniles generally, see ch. 20 of this Code.

No license shall be required of any farmer who operates or maintains a produce stand upon his own property to sell products of his own lands exclusively.

(Ord. No. 1077, § 132)

* As to agriculture generally, see ch. 3 of this Code.

It shall be unlawful for any person to put up a stand, table, or other container, on wheels, or park any truck, automobile or wagon on any street, road, highway or beach of the unincorporated area of the county for the purpose of selling therefrom or taking orders for any goods, wares, merchandise, fruits, vegetables, fish, meat, candy, popcorn, raw or prepared foods.

(Ord. No. 1077, § 133)

* As to motor vehicles and traffic generally, see ch. 23 of this Code. As to parks and recreation generally, see ch. 26.

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. 1077, § 15)

The tax collector shall not issue any license to carry on any business at a specific location until he receives evidence that the carrying on of such business at such location is not prohibited by any provision of the zoning laws or ordinances of the county.

(Ord. No. 1077, § 16)

* As to zoning generally, see ch. 35 of this Code.

No person shall engage in, conduct, manage, or carry on any business or other activity for which a license is required by this chapter without first having procured a license so to do from the tax collector and having paid the fee if any for such license as in this chapter provided.

(Ord. No. 1077, § 7)

Any sale, leasing agreement or contract to sell, and any lien, chattel mortgage, conveyance or other security device, made contrary to the provisions of Ordinance No. 1077 or any successor to such ordinance, or made by, solicited by or induced by, any person required by such ordinance to have a license at the time any such transaction is negotiated or entered into, is voidable at the sole option of the buyer or person contracting to purchase or the person granting a lien, chattel mortgage, conveyance or other security device, or his heirs or personal representatives, within one year after the date of execution or making of the sale, leasing agreement, contract to sell, lien, chattel mortgage or other security device.

(Ord. No. 1704, § 1)

If a person shall engage in, conduct, manage, or carry on at the same time more than one of the activities defined and referred to in this chapter, he shall be deemed to be engaging in, conducting, managing and carrying on each such activity separately and apart from the other such activity, except that the total fees for all annual licenses issued at the same time and to the same person at any one location, other than dance or entertainment licenses under article II shall be equal to the fee for that activity requiring the highest license fee plus five dollars each for every other license, per year, or three dollars for six months.

(Ord. No. 1077, § 9)

When a license specifies the location of the activity licensed, the licensee may conduct such activity only at the address specified in the license.

(Ord. No. 1077, § 10)

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 2466 of the State Civil Code or any statute superseding or taking the place of such 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. 1077, § 11)

Where, from such evidence as he sees fit to require, the tax collector finds, that a license, whether in the form of a tag, plate, sticker, card, or paper, or otherwise has been lost, he shall issue a duplicate license to the holder thereof upon payment to him of one dollar.

(Ord. No. 1077, § 73)

Every person desiring a license to conduct any business, occupation, or other act provided for in this chapter, except as otherwise provided in this chapter, shall file an application with the tax collector upon a form to be provided by the tax collector, and at such time pay the required fee and penalty, if any.

(Ord. No. 1077, § 43)

Every application for a license required by this chapter shall be signed by the applicant and shall contain:

(a) The name and address of the applicant. If the applicant is a corporation the name shall be exactly as set forth in its articles of incorporation. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this article as to a corporate applicant apply.

(b) If the applicant is a corporation, the name and address of an officer who is duly authorized to accept the service of legal process.

(c) A description of all trucks and other mechanical equipment owned by or under the control of the applicant to be used by him in the proposed business.

(d) A description of the facility proposed to be provided, including its location and a schedule of charges proposed to be made, in cases where this chapter authorizes the board to specify either maximum or minimum charges or both.

(Ord. No. 1077, § 44)

No person shall make any false statement in any application for a permit or license under this chapter, or in any report required by this chapter.

(Ord. No. 1077, § 12)

Upon receipt of the application and the license fee, the tax collector shall transmit copies of the license fee referral memorandum to those officers and departments designated herein and to any other that may be designated by the board.

(Ord. No. 1077, § 44.1)

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. 1077, § 44.2)

Every officer and department to which an application is referred shall, within ten days, in writing, advise the tax collector of all material facts necessary to determine whether the license should be granted, granted subject to conditions, or denied, and their approval or disapproval of the application.

(Ord. No. 1077, § 46)

If any officer or department finds that the facts are such that any one or more of the provisions of sections 22-16 to 22-23 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 that such license be issued subject to such conditions.

(Ord. No. 1077, § 45)

If no officer or department to which an application is referred, recommends that the license be denied, but one or more officers or departments recommend that the license be granted subject to conditions, the tax collector shall so notify the applicant as provided in section 22-53.

(Ord. No. 1077, § 48)

If, at any time, it appears to the board or other body having jurisdiction 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 may notify the licensee in writing that it intends to impose or amend such conditions and the licensee may, within five days after receipt of such notice, request in writing a hearing.

(Ord. No. 1077, § 92)

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. 1077, § 93)

All licenses herein provided for may be issued for any period not exceeding one year and not less than the period for which a license fee is fixed; except, that any annual license may be issued for six months at one-half the annual fee, and except that if an annual license costs more than ten dollars per year, and the applicant shows to the satisfaction of the tax collector that because the business or occupation is of a seasonal nature, or because of statutory or ordinance regulations or restrictions, or because of termination or loss of lease, or because of acquisition by the public of the premises on which the occupation or business is situated, or because of similar reasons, such business or occupation cannot be carried on for the entire year, a license may be issued for such less period and the license fee pro-rated accordingly, but the fee charged shall not be less than one-half the annual fee computed to the end of the nearest calendar month.

(Ord. No. 1077, § 51)

If the date specified in either subsection (a) or subsection (b) of this section is the first of a calendar month, the period of the license shall begin on such date. Otherwise, the period of the license shall begin on the first of the calendar month which first follows the date specified in the subsection (a) or subsection (b). The dates are:

(a) In the case of a new license:

(1) If the applicant already is engaging in the activity for which the license is required, the date on which he began such activity or the date on which such activity became subject to license, whichever is later.

(2) If the applicant has not begun such activity, the date requested in the application. If no date is requested, the date on which the application for the license is filed.

(b) In the case of a renewal, the expiration of the license renewed.

(Ord. No. 1077, § 52)

The periods of all monthly licenses shall begin on the first day of each calendar month. The periods of all quarterly licenses shall begin on the first days of January, April, July and October. Unless otherwise specified, every license fee prescribed by this chapter shall be for the year, quarter, month, or other period specified, or for any fraction of such year, quarter, month, or other period specified respectively.

(Ord. No. 1077, § 53)

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

(Ord. No. 1077, § 71)

Where a license costs more than ten dollars, the licensee upon payment to the tax collector of a fee of two dollars may transfer his license to do business to another site upon application to the tax collector if such application is approved by the departments which regulate the license.

(Ord. No. 1077, § 74)

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

(Ord. No. 1077, § 72)

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 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 is filed or pending, without any report from the sheriff, planning commission, board, or other commission, board, or officer.

(Ord. No. 1077, § 61)

When it shall appear to the tax collector that a license, which by the provisions of this chapter is to be issued or renewed by the tax collector without an order of the board should not be issued or renewed, he shall refuse to issue such license and shall immediately report the facts to the board in writing. He shall not thereafter issue such license until so ordered by the board.

(Ord. No. 1077, § 302)

The board, without notice and upon approval of the application and bond, if any, may order the tax collector to issue a renewal of any license which was granted upon order of the board, unless in the judgment of the board, for any reason, a rehearing is required, in which case the parties will be notified to appear for hearing as in the case of an original hearing.

(Ord. No. 1077, § 62)

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

(Ord. No. 1077, § 63)

If the applicant for a license shows to the satisfaction of the tax collector or board, as the case may be, by affidavit, that the activity is to be carried on exclusively for fundraising for charitable purposes, the tax collector shall issue a license for any business or activity described in this chapter, good for not more than five (5) days, for five dollars ($5.00).

(Ord. No. 1077, § 49; Ord. No. 3283, § 1)

Every person making out any report of record required by the terms of this chapter or any copy thereof shall sign his true name and give the true name and correct address of the licensee.

(Ord. No. 1077, § 14)

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

(Ord. No. 1077, § 126)

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.

Whenever license fees are reduced during the calendar year and are made retroactive because the board of supervisors finds that the higher fee was not legally justified and whenever the applicant has paid a higher fee than that required because he has paid prior to the beginning of the license period and subsequent to such payment the fee has been reduced, the auditor shall refund the excess fee on the presentation of a claim approved by the tax collector.

(Ord. No. 1077, § 128)

The board of supervisors may refund license fees or permit fees where the right or privilege for which the license or fee was paid, has not been exercised, or the board may, in its discretion, refund any unused portion of such license or permit fees, upon the filing, in all cases, of application for refund upon the proper claim forms furnished by the county official concerned. All such applications shall set forth the acts and circumstances upon which the application for refund is based. In the case of building permit fees, where a plan check has been made, not more than eighty percent of such fee may be refunded. In all cases where the county, or anyone on its behalf, has made any inspection or rendered any other services of any nature under the permit or license or application therefor, the reasonable value of such services may be retained by the county.

(Ord. No. 1471, § 1)

The tax collector shall, in the name of the county, as plaintiff, bring suit for the recovery of any license fee imposed against any person required by this chapter to first procure a license before engaging in any business as herein defined, who carries on or attempts to carry on such business without such license.

(Ord. No. 1077, § 124)

"Delinquency date" means:

(a) In the case of a renewal, the day after the expiration of an annual, semi-annual, quarterly or monthly license period.

(b) In the case of a daily license, new or renewal, the day following the day for which the license is required.

(c) In the case of a newly established business for which a license is prescribed, the thirty-first day after the commencement of the operation of the business or other activity for which the license is required.

(d) In a case where this chapter is amended, so as to require a license from a business not theretofore licensed, the thirtieth day after the effective date of such amendment.

Nothing in this section shall permit any person to carry on or to continue to carry on any business, occupation, or activity for which this chapter requires a license prior to the issuance of such license.

(Ord. No. 1077, § 41)

If any fee required by this chapter is not paid prior to the delinquency date, in addition to such fee the applicant shall pay a penalty equal to one-half of the fee; provided, however, that such penalty shall not attach in the case of renewals of annual, semi-annual, or quarterly licenses until thirty days after the delinquency date, nor ten days after the delinquency date in the case of monthly licenses.

(Ord. No. 1077, § 42; Ord. No. 1872, § 1)