Article 4-05

BUSINESS LICENSES

Sections:

This Article is enacted for both regulatory and revenue purposes pursuant to Section 16000 of the Business and Professions Code and Section 37101 of the Government Code, and all other applicable laws. It requires the registration and the licensing of all businesses not expressly excluded therefrom, and the payment of license fees by all businesses not specifically exempted therefrom. (Amended by Ord. 71-132 § 1 (part), 1994)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise:

(a) Business means each and every business, commercial or industrial enterprise, trade, profession, occupation, vocation, calling or any means of livelihood,

whether or not carried on for gain or profit, either on a continuous or occasional basis. The term shall include solicitors and peddlers hereinafter defined. The term shall include any person, whether having a fixed place of business in the City or not, who operates a motor vehicle over the streets of the City for the purpose of pick-up or delivery of personal property in the City, or who uses such vehicle for any other purpose in connection with the transaction of any business of such person, including without limitation, and by way of example, the route delivery of bread, bakery products, milk, groceries, laundry and cleaners, and the nonroute delivery of building materials, goods, wares or merchandise of any kind or description.

(b) Charitable organization means any business conducted for a religious, social service, political, patriotic,educational,benevolentorcharitablepurposewhich has established tax exempt status pursuant to the Internal Revenue Code or that is an unincorporated charitable organization or association conducting activities from which no profit is derived.

(c) Employee means any person engaged in the operation or conduct of any business, whether as an owner, partner, officer, agent, manager or administrator, and any and all other persons employed or working in said business, either on a continuous or occasional basis, in either a full-time or part-time capacity.

In determining the number of employees for the purpose of fixing the license fee due under this Article, the employer shall take the number of employees as defined in this subsection, employed within the City of Saratoga, earning wages during pay periods nearest the fifteenth day of each month, as reported to the State Department of Employment on forms which are used for reporting payments due under the Unemployment Insurance Act, for each month of the previous calendar quarter, adding the same and dividing by three. If the employer is a new business, he or she may estimate the average number of employees who will be employed by the employer during the first year of business.

(d) Engaged in business means the conducting, operating, managing or carrying on of a business, whether done as an owner, or by means of an officer, agent, manager, employee, servant or otherwise. Whenever any person shall by the use of signs, circulars, cards, telephone books or newspapers advertise, hold out or represent that he or she is in business in the City, or whenever any person holds an active license or per-

(Saratoga Supp. No. 49, 3-22)

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4-05.020

mit issued by a governmental agency indicating that he or she is in business in the City, or whenever any person makes a sale, takes an order, renders a commercial service or performs any other similar act within the City, then such fact shall be considered prima facie evidence that such person is engaged in business within the City.

(e) Fixed place of business means the premises within the City where a business is continuously conducted from day to day and regularly kept open for the purposes of such business. The term "regular place of business" shall have the same meaning as "fixed place of business." A fixed place of business shall include the residence of the licensee where the business is conducted from such residence; provided, that the conduct of the business from such residence does not violate any provision of this Code or other law.

(f) Gross receipts means the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service, or employment of whatever nature it may be, whether such act, service or employment is done as a part of or in connection with the sale of goods, wares, merchandise or not, for which a charge is made or credit allowed, including all receipts, cash, credits, or property of any kind or nature, any amount for which credit is allowed for the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of materials, use, labor or service cost, interest paid or payable, losses or any other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included. Gross receipts also includes the amount of any federal, manufacturer's or importer's excise tax included in the price of the property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. But gross receipts shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or upon the consumer and regardless of whether or not the federal tax is stated to the customer as a separate charge, or any California State, City or City and County sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or the purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to

the seller which is refunded by the seller by way of cash or credit allowances, given or taken as part payment on any property so accepted for resale.

(g) License means the certificate issued by the City to the licensee after such person has registered a business in accord with this Article, and where a license fee is imposed by this Article, after payment of such fee.

(h) License Collector means an officer or person appointed by the City Council by resolution or ordinance to perform the duties of tax collector as set forth in this Code. The Sheriff of Santa Clara County, or deputies thereof, may assist the license collector in the performance of the duties hereinafter set forth.

(i) Licensee means each person subject to be licensed under the terms of this Article, whether or not such a license has actually been procured.

(j) Peddler means any person who goes from house to house, or from place to place, in the City, selling and making immediate deliveries or offering for sale and immediate delivery to persons other than manufacturers, jobbers or retailers of such commodities, any goods, wares, merchandise or any other thing of value in possession of such person, or who offers services to be performed immediately, and shall include any itinerant vendor who sells merchandise or property from any vehicle.

(k) Person includes all domestic and foreign corporations, associations, syndicated, joint stock corporations, partnerships of every kind, clubs, California business or common law trusts, societies, and individuals transacting and carrying on any business in the City of Saratoga, other than as an employee of a person licensed hereunder.

(l) Reserved.

(m) Solicitor means any person who goes from house to house, or from place to place, in the City, soliciting orders from persons other than manufacturers, wholesalers, jobbers or retailers of such commodities, for any goods, wares, merchandise or other thing of value for future delivery, or soliciting orders from any person for services to be performed in the future, or making, manufacturing, or repairing any article whatsoever for future delivery, or soliciting information for use in the compilation of any listing, directory or information designed for use in compilation or analysis of data for commercial purposes, or soliciting contributions of money or other property or services for any charitable organization, regardless of whether or not

(Saratoga Supp. No. 49, 3-22)

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such solicitation is by or on behalf of any nonprofit organization. The term "solicitor" shall include a person taking subscriptions to newspapers, periodicals, magazines or other publications or tickets of admission to entertainments or memberships in any clubs. (Amended by Ord. 71-118 § 1, 1993; Ord. 71-132 § 1 (part), 1994)

(Ord. No. 340, § 1(Att. A, § 4), 7-6-2016; Ord. No. 384, § 1C(Exh. 3), 11-17-2021)

Nothing contained in this Article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirement for any license or permit, or license fee or permit fee, required by, under or by virtue of any other provision of this Code or any other ordinance or resolution of the City. Where a particular business activity is the subject of any other provision contained in this Code, or in any other ordinance or resolution of the City, the requirements of such other provision shall be satisfied in addition to the requirements of this Article. (Amended by Ord. 71-132 § 1 (part), 1994)

No license issued under the provisions of this Article shall be construed as authorizing the conduct or continuation of any illegal or unlawful business, or any business conducted in violation of any provision of this Code or any other ordinance or resolution of the City. Any license issued under this Article to such illegal or unlawful business or to any business conducted in violation of any provision of this Code, or any license issued contrary to the terms of this Article, shall be void. (Amended by Ord. 71-132 § 1 (part), 1994)

It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person, to commence, engage in, conduct or carry on any business in the City not otherwise excluded by this Article, without first having registered such business with the City and having procured a license from the City to conduct such business, or without complying with any and all provisions contained in this Article. (Amended by Ord. 71-132 § 1 (part), 1994)

A separate business license must be obtained and a separate business license fee must be paid for each separate business engaged in, regardless of whether one or more of such businesses are conducted from the same location, and a separate business license must be obtained and a separate business license fee must be paid for each branch, establishment or location in the City at or from which the business engaged in is carried on, the same as if each such branch establishment or location were a separate business. Each license shall authorize the licensee to engage only in the business licensed thereby at the establishment or location designated in such license. (Amended by Ord. 71-132 § 1 (part), 1994)

(a) Every person required to have a license under the provisions of this Article shall make application for the same, or application for renewal of the same, to the License Collector. Such application shall be a written statement on form or forms provided by the License Collector, shall be signed by the applicant under penalty of perjury, and each such application shall be permanently filed at said License Collector's office and shall constitute a registration of the business. Each application shall set forth such information as may be therein required, and in all events shall include the names and addresses of all owners of the business, the nature of the business, the location of the principal place of business and the location and zoning classification of each place of business within the City.

(b) No statements shall be conclusive as to the matter set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the License Collector, his deputies, the Sheriff of Santa Clara County, or his deputies, or authorized employees of the City, who are authorized to examine, audit, and inspect such books and records of any license or applicant for license as may be necessary in their judgment to verify or ascertain the amount of license fee due.

(c) All licensees, applicants for licenses, and persons engaged in business in the City are required to permit an examination of such books and records for the purposes aforesaid.

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(Saratoga Supp. No. 49, 3-22)

4-05.070

(d) The information furnished or secured pursuant to this Code shall be confidential to the extent permitted by the California Public Records Act (Government Code Section 6250 et seq.) and any successor statute. (Amended by Ord. 71-132 § 1 (part), 1994)

(a) If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the License Collector he fails to file a corrected statement, the Tax Collector may determine the amount of license fee due from such person by means of such information as he may be able to obtain.

(b) If such a determination is made, the License Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail at Saratoga, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen days after the mailing or serving of such notice, make application in writing to the License Collector for a hearing on the amount of the license fee. If such application is made, the Tax Collector shall cause the matter to be set for hearing within fifteen days before the City Council. The License Collector shall give at least ten days' notice to such person of the time and place of hearing in the manner prescribed in this subsection 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 in this subsection for serving notices of assessment.

(c) In addition to all other powers conferred upon him, the License Collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty days, and in such case to waive any penalty that would otherwise have accrued, and shall have the further power, with the consent of the council, to compromise any claim as to the amount of license fee due. (Ord. 71-132 § 1 (part), 1994)

(a) Except as otherwise provided in this Section, upon the receipt and filing of the license application, and in those cases where a license fee is required, upon receipt of the requisite license fee therefor, the License Collector shall prepare, sign and issue to every such

person a license certificate in such form as said Collector shall provide, which license shall state the amount of the license fee paid therefor, the duration of the license, the name and address of the person to whom the license is issued, the nature of the business and the address of each location within the City where such business will be conducted.

(b) The License Collector shall have no duty to issue a license for any unlawful business or a business to be conducted at any unlawful location. Prior to the issuance of any license to a new business with a fixed location in the City, or to any other business for which a previous license has expired, the License Collector shall cause an investigation to be made to determine that the proposed place of business is not in violation of any zoning or building regulations of the City. Any refusal or denial by the License Collector of a business license may be appealed to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.

(c) In the event that, for any reason, a license is issued for any unlawful business or a business to be conducted at any unlawful location (whether the same be unlawful because of violation of any zoning or building regulation or for any other reason), the same shall not constitute any permit for, nor any approval of, any such violation; nor shall such license, or the act or omission of the City, its officers, agents or employees in issuing the same, either prevent or estop the City from enforcing the regulation, ordinance or Code provision so violated; nor shall the City or any of its officers, agents or employees be liable for any act or omission in issuing such a license.

(d) Where a peddler's or solicitor's license is issued and the licensed person or organization plans to operate through one or more employees or independent contractors, a single license may be issued to the employer-applicant; business license identification cards for each of such applicant's employees or independent contractors, and a separate business license for each such employee or independent contractor shall not be required to be issued. Each peddler or solicitor licensed pursuant to this Article, whether an employee or independent contractor of the licensed business, shall be required to obtain a solicitation permit pursuant to

(Saratoga Supp. No. 49, 3-22)

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Article 4-50 of this Chapter prior to engaging in any soliciting activity. (Amended by Ord. 71-132 § 1 (part), 1994)

(Ord. No. 340, § 1(Att. A, § 4), 7-6-2016)

All licenses required to be obtained pursuant to this Article shall be annual licenses issued for a period commencing on the date of issuance of the license and expiringone year later, except for those businesses whose license may be issued on a seasonal, daily, weekly, monthly or quarterly basis as set forth elsewhere in this Chapter. (Amended by Ord. 71-132 § 1 (part), 1994)

Unless otherwise specifically provided, all license fees under the provisions of this Chapter shall be due and payable in advance of the date of the issuance of the license. (Amended by Ord. 71-132 § 1 (part), 1994)

Any person who fails to pay any business license fee within thirty days after the time it is due and payable under the terms of this Article, shall pay a penalty of ten percent of the amount of the fee in addition thereto, and shall pay an additional ten percent of the amount of such fee for each month of continued delinquency afterthefirstmonth;provided,however,thattheamount of such penalty shall in no event exceed the amount of the original license fee. In the case of a new business these penalties will be assessed if the license fee is not paid within thirty days of notification that a business license is required. (Amended by Ord. 71-132 § 1 (part), 1994)

(a) Unless otherwise provided in this Section, all fees, owing to the City may be paid by any regular method of payment accepted by the City.

(b) Any person whose payment is returned to the City without payment shall pay a service charge in the maximum amount authorized by California Civil Code 1719. The service charge shall be added to the fee, and that monetary obligation shall not be deemed to have been paid until both the monetary obligation and the service charge have been honored and paid by the financial institution.

(c) For a period of two years, the City will require a person whose payment was returned to the City without payment to pay all fees, by either cash, a cashier's check or postal money order.

(d) In addition to the provisions of this Section, a person whose payment is returned to the City without payment is liable for all civil penalties authorized by California Civil Code Section 1719.

(e) All negotiable instruments shall be made payable to the order of the City.

(f) The penalties provided in this Section shall be imposed in addition to penalties due under Section 4-05.200. (Ord. 71-132 § 1 (part), 1994; Ord. No. 322, § 1(Exh. 1.B.3), 11-19-2014)

(Ord. No. 364, § 1(Exh. A), 9-4-2019)

Every person having a license under the provisions of this Article for engaging in business at a fixed place of business in the City shall keep such license posted for exhibition while in force in some conspicuous place in the place of business. Every person having such a license and not having a fixed place of business in the City, shall carry such license at all times while carrying on the business for which the same was granted. Where such business is conducted through the operation of a motor vehicle over the streets of the City, such license or an exact copy thereof shall be carried in each such motor vehicle by the operator thereof at all times during which such motor vehicle is in operation in the conduct of such business within the limits of the City. Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or to collect license fees. Every person licensed as a peddler or solicitor shall wear the identification card issued in a prominent position on outer clothing so it is legible to each prospective customer at all times. (Amended by Ord. 71-132 § 1 (part), 1994) (Ord. No. 340, § 1(Att. A, § 4), 7-6-2016)

A duplicate license may be issued by the License Collector to replace any license previously issued hereunder which has been lost or destroyed, but which is still in full force and effect, upon the licensee filing an affidavit attesting to such fact, and at the time of filing such affidavit paying the License Collector a duplicate license fee as set forth in the fee schedule established by

(Saratoga Supp. No. 46, 1-20)

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4-05.130

resolution by the City Council in accordance with State law. (Amended by Ord. 71-132 § 1 (part), 1994) (Ord. No. 364, § 1(Exh. A), 9-4-2019)

Licenses and identification cards issued pursuant to this Article are not transferable or assignable by either the licensee or by the holder of any such identification card, to any other person, nor shall any license issued to a licensee be construed as authorizing any person other than the named licensee to engage in the licensed business. Any attempted transfer or assignment of any license or identification card shall automatically revoke the license, and any revocation of a license shall automatically revoke all identification cards issued thereunder. (Amended by Ord. 71-132 § 1 (part), 1994)

(a) Grounds for revocation. Any license issued pursuant to this Article is subject to revocation for cause on any one of the following grounds:

(1) A false or fraudulent statement or misrepresentation of any material fact in the application for the license.

(2) Violation by the licensee of any provision of this Code or any other ordinance or regulation of the City.

(3) The existence of any ground for which an initial application for a license would be denied, except for a change in zoning regulations subsequent to the issuance of the license which results in the business constituting a lawfully established nonconforming use, in which case, the use shall be subject to all of the zoning regulations pertaining to nonconforming uses.

(4) Conducting the business in an illegal, improper or disorderly manner, or in a manner which endangers the public health, safety or welfare.

(b) Notice of revocation. The City Clerk shall give notice to the licensee of the City's intention to revoke the business license and the grounds for such revocation. The notice shall also set forth the time and place when the matter will be heard by the City Council. The notice shall be sent to the licensee, at the address of the principal place of the business shown on the application for the license, at least ten days prior to the date of the hearing.

(c) Hearing and determination by City Council. At the time and place indicated in the notice of revocation, the City Council shall conduct a public hearing to determinewhetherthebusinesslicenseinquestionshould be revoked. The Council shall render its decision within ten days after the conclusion of the public hearing. Until such decision is rendered, the licensee may continue to operate his business. The Council may revoke the business license, based upon a finding that one or more grounds for revocation exist, or the Council may permit the licensee to continue the operation of his business pursuant to the terms of the original license or subject to compliance with such additional conditions as the Council may impose in lieu of revocation. The decision of the City Council shall be final. Any revocation of a business license shall automatically revoke all identification cards issued in conjunction therewith and shall automatically revoke any permit issued to the licensee under any other provision of this Chapter.

(d) New license after revocation. Whenever a license has been revoked pursuant to this Section or for any other reason, no new license shall be issued to the same applicant or for the same business unless satisfactory proof is first made to the License Collector that the violation or other matter causing the previous revocation has been corrected and that there is no likelihood of any repetition of the same. The burden of proof shall be on the applicant, and he may appeal any adverse decision of the License Collector to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.

oof is first made to the License Collector that the violation or other matter causing the previous revocation has been corrected and that there is no likelihood of any repetition of the same. The burden of proof shall be on the applicant, and he may appeal any adverse decision of the License Collector to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.

(e) Fee refund not made, reissuance prohibition period. Upon revocation of a license, no part of the fee collected shall be returned. (Amended by Ord. 71-132 § 1 (part), 1994)

4-05.160 Exemptions from license requirement.

Except as otherwise provided in Section 4-05.170, the following persons, organizations and activities shall be exempted from the provisions of this Article and shall not be required to obtain a business license hereunder:

(a) Any charitable organization as set forth in subsection 4-05.020(b).

(b) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or athletic event where the receipts, if any, are used solely for benevolent or charitable purposes and not for private gain of any person.

(Saratoga Supp. No. 46, 1-20)

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(c) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or athletic event by a nonprofit religious, educational, charitable, fraternal,amateurtheatricalgroup,military,state,county or municipal organization or association where the receipts, if any, are for the purposes and objects for which the organization or association is formed, and from which no private gain is derived, directly or indirectly, by any person.

(d) Any water, sewer, gas, electricity or telephone public utility company or district.

(e) Any person conducting business pursuant to a franchise agreement with the City which provides for the payment to the City of a franchise fee or other consideration.

(f) Occasional and incidental deliveries of goods, wares and merchandise into the City by persons not having a fixed place of business in the City.

(g) Any natural person engaged in any business solely as an employee of any other person conducting, managing or carrying on such business in the City and not an owner, partner, associate or principal in such business, where such business is otherwise licensed under this Article, unless such person is a peddler or solicitor subject to the provisions set forth under Section 4-05.080(d) of this Article.

(h) Every natural person of the age of eighteen years or under whose annual gross receipts from any and all business does not exceed four thousand dollars, unless such person is also a peddler or solicitor other than a completely self-employed peddler or solicitor.

(i) Banks, including national banking associations, to the extent provided by Article 13, Section 27 of the State Constitution, and insurance companies and associations, to the extent provided by Article 13, Section 28 of the State Constitution.

(j) Any person whom the City is not authorized to license for revenue or regulatory purposes by virtue of any law or Constitution of the United States or of the State. (Amended by Ord. 71-132 § 1 (part), 1994) (Ord. No. 340, § 1(Att. A, § 4), 7-6-2016)

A business license issued pursuant to this Article, shall be required for the following persons, organizations and activities, but the same shall be exempted from payment of the license fee set forth in Section 4-05.100:

(a) Any person engaged in a business or activity, otherwise exempted under subsection (a), (b) or (c) of

Section 4-05.160, who conducts such business or activity through the use of one or more peddlers or solicitors. Such person shall furnish to the License Collector as part of the application for a business license, the name and address of each individual peddler or solicitor, together with a statement of all times during which the peddling or soliciting will be carried on and a sample of the identification to be used by each peddler or solicitor.

(b) The business of conducting a boardinghouse, lodginghouse, or apartment house containing less than four sleeping rooms for hire, or any private boardinghouse or other place where meals are sold having less than four boarders. (Amended by Ord. 71-132 § 1 (part), 1994)

(Ord. No. 340, § 1(Att. A, § 4), 7-6-2016)

(a) Every person engaged in business in the City is rebuttably presumed to be subject to the licensing requirements of this Article. Except as otherwise provided in this Section, no person shall be exempted from the licensing requirements until a determination has been made by the License Collector of the existence of facts entitling the person to such exemption. The burden of proof of any such claim of exemption shall be upon the applicant.

(b) No claim for exemption from this Article based upon Section 4-05.160 shall be required unless and until a demand therefor is made by the License Collector, in which event, the person claiming such exemption shall file a verified statement of the reasons for the exemption together with such other information and documents as may be requested by the License Collector in order to determine the status of the applicant. Upon a determination being made that the applicant is entitled to an exemption, such determination shall be endorsed upon the applicant's statement, signed by the License Collector, and filed in the City offices, with a copy thereof being delivered to the applicant.

(c) Any person claiming to be exempt under Section 4-05.170 from the payment of a license fee shall make application therefor to the License Collector on such form as he or she shall prescribe. The application shall be accompanied by such information and documents as the License Collector may require in order to determine the status of the applicant. Upon a determination being made that the applicant is entitled to an

(Saratoga Supp. No. 46, 1-20)

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exemption from the payment of a license fee, and provided the applicant is otherwise entitled to a business license, the License Collector shall issue such license, without charge, and shall indicate on the face thereof that the license is exempted from the license fee.

(d) In any case where a licensee or an applicant for a license believes that the subject business is not properly classified because of circumstances peculiar to it, as distinguished from other businesses of the same kind, the licensee or applicant may make a claim to the License Collector for reclassification. Such application shall contain such information as the License Collector may deem necessary and required in order to determine whether the applicant's individual business is properly classified. The License Collector shall then conduct an investigation, following which he or she shall assign the applicant'sindividualbusinesstotheclassificationshown to be proper on the basis of such investigation. The proper classification is that classification which, in the opinion of the License Collector, most nearly fits the applicant's individual business. Any resulting reclassification shall not be retroactive. No business shall be reclassified at the request of the licensee more than once in one year.

(e) Any decision or determination made by the License Collector under the provisions of this Section may be appealed to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.

(f) Any determination by the License Collector or City Council that a person or business is exempt from the licensing requirements of this Article, or is exempt from the payment of a license fee, shall not be conclusive upon the City and may be reopened at any time by the License Collector or the City Council. (Amended by Ord. 71-132 § 1 (part), 1994) (Ord. No. 340, § 1(Att. A, § 4), 7-6-2016)

(a) The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4-05.150 to revoke a business license by reason of the same violation.

(b) The amount of any license fee and penalty imposedbytheprovisionsof thisArticleshallbedeemed a debt to the City, and any person carrying on any business without having first procured a license hereunder from the City to do so shall be liable in an action under the name of the City in any court of competent jurisdiction for the amount of such license fee and penalties imposed on such person, together with reasonable attorney's fees and all costs of suit, as provided in Article 3-10 of this Code.

(c) Any person who knowingly or intentionally misrepresents to any officer or employee of the City any material fact in applying for a license under this Article, or in claiming an exemption under this Article, shall be guilty of a misdemeanor, and any business conducted without a license in violation of this Article shall be deemed to be a public nuisance, and may be summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

(d) The conviction and punishment of any person for failure to pay the required license fee or for conducting a business without a license shall not excuse or exempt such person from any civil action for the license fee debt unpaid at the time of such conviction, nor shall any civil action prevent a criminal prosecution for any violation of the provisions of this Article or of any State law requiring the payment of all license fees. (Amended by Ord. 71-132 § 1 (part), 1994)

It shall be the duty of the License Collector and he is hereby directed, to enforce all of the provisions of this Article. In the exercise of such duty, the License Collector may enter and inspect all places of business in the City to ascertain whether any provisions of this Article or Article 4-06 have been violated. (Amended by Ord. 71-132 § 1 (part), 1994)

(Saratoga Supp. No. 46, 1-20)

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4-06.040