Shasta Lake Municipal Code Ch. 5.04 Business Licenses Generally

The ordinance codified in this chapter is enacted to raise revenue for municipal purposes and is not intended for the purpose of regulation. All revenue raised from business licenses shall be deposited in the general fund of the city. It is the intent of the city, subject to the approval of the city council, to allocate a portion of the general fund equal to twenty-five (25) percent of the business license tax revenue collected to business procurement and promotion.

(Ord. 94-50 § 1)

"Business" means professions, trades, lessors, and occupations, and all and every kind of calling carried on for profits or livelihood where the gross income exceeds three hundred dollars ($300.00) per quarter.

"Contractor and subcontractor" mean and refer to persons who transact in the city the business of a contractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.

"Engaged in business" means the conducting, managing, or carrying on of any profession, trade, calling, occupation or commercial enterprise in the city.

"Licensee" means any person to whom a license has been issued under this chapter.

(Ord. 94-50 § 2)

It is unlawful for any person to be engaged in business in the city of Shasta Lake without having an unrevoked license from the city of Shasta Lake to do so, valid and in effect, and in compliance with regulations of business contained in this chapter, unless exempt under the provisions of this chapter. The business charge set forth herein shall be paid for each kind or class of business carried on within the city limits of Shasta Lake.

The issuance of a business license under this chapter or any other ordinance shall not entitle the licensee to engage in any business which for any reason is in violation of any law, this chapter or other ordinances.

(Ord. 94-50 § 3)

Every person required to have a license under the provisions of this chapter shall make application for the license to the city clerk, and upon the payment of the prescribed fee, the city clerk shall issue to the person a license which contains the following:

A. The name of the person to whom the license is issued;

B. The business license;

C. The address and type of business;

D. The date of expiration of the license;

E. Other information as may be necessary for the enforcement of the provisions of this chapter.

The city clerk must affix the official seal, business license number, and imprint the clerk's signature on all licenses. The city clerk shall maintain adequate records of all matters pertaining to the business licenses issued by the city clerk.

(Ord. 94-50 § 4)

No license issued under the provisions of this chapter shall be transferred or assigned, nor shall any license be construed as authorizing any person other than the licensee and his or her employees, to engage in the licensed business.

(Ord. 94-50 § 5)

All contractors and subcontractors, whether or not having a fixed place of business within the city, who are engaged in business within the city shall obtain a business license.

(Ord. 94-50 § 6)

The business license shall be posted in a conspicuous place within the licensees' place of business or vehicle. Every person having such a license and not having a fixed place of business shall carry the license with him or her at all times while carrying on the business for which it was granted. Every person having a license shall produce and exhibit it when applying for a renewal of whenever requested to do so by any police officer or authorized city agent.

(Ord. 94-50 § 7)

The city law enforcement department or contract Shasta County sheriff's department officers, acting in behalf of the city, shall have and exercise the power to make arrests for the violation of the provisions of this chapter and to enter upon business premises, free of charge, at any time a license is required by this chapter, for the purpose of demanding exhibition of the license for the current term by any person engaged or employed in the transaction of business. If the person fails then and there to exhibit the license, the person shall be liable to the penalties provided for herein as a violation of this chapter.

(Ord. 94-50 § 8)

Businesses engaging in business in the city of Shasta Lake for a period of less than six months of the calendar year shall pay a minimum fee of twenty-five dollars ($25.00). All businesses with the city limits engaging in business for more than six months during the calendar year shall pay a fee of fifty dollars ($50.00).

(Ord. 94-50 § 9)

The business license fee provided in this chapter shall be due and payable to the city on the first day of business of each year, and shall be delinquent thirty (30) days thereafter.

(Ord. 94-50 § 10)

A person or business failing to obtain a business license as required by this chapter shall be subject to a ten percent delinquent penalty charge added to the amount of the business license fee due for each month that the person or business entity fails to obtain the license. The city clerk shall take steps to collect such delinquent accounts.

(Ord. 94-50 § 11)

Any violation of any of the provisions of this chapter is an infraction. The conviction and punishment of any person having engaged in business without a license shall not exempt or excuse the person from payment of any license fee due and payable at the time of the conviction and nothing in this chapter shall prevent the filing of a civil action to collect unpaid license fees.

(Ord. 94-50 § 12)

The provisions of this chapter shall not apply to a nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of the Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or to any minister, clergyman, Christian Science practitioner, rabbi or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.

(Ord. 94-50 § 13)