Chapter 9 — BUSINESS CERTIFICATES

This chapter is enacted for the purpose of protecting the public interest, health, welfare and safety by providing a means to ensure that all new and existing businesses in the city are made aware of and conform to all city zoning, fire and public safety ordinances, rules and regulations by requiring them to register and procure a certificate from the city. This chapter is also intended to protect the interests of legitimate businesses in the city from unfair competition with businesses operating in violation of federal, state and local laws. This chapter is not intended to impose any form of taxation on the business community nor to collect in fees more money than is necessary to recover the

administrative costs of processing an application for the issuance or renewal of a business certificate. (Ord. 08-277, 2008)

It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation within the city without first having procured a certificate from the city to do so, or without complying with any and all applicable provisions of this chapter. (Ord. 08-277, 2008)

A separate certificate must be obtained for each branch established or location of the business transacted and carried on and for each separate type of business at the same location. Each certificate shall authorize the holder to transact and carry on only the business certified at a given location. Any changes in the type or character of the business will require the certificate holder to submit an application for a new certificate, within 60 days of said change or the business will be subject to a violation.

(Ord. 08-277, 2008)

When any person shall by use of signs, circulars, cards, website, social media, internet advertisement, telephone book, or newspaper, advertise or otherwise represent that the person is in business in the City, or when any person holds an active certificate or permit issued by a governmental agency indicating that the person is in business in the City, and such person fails to deny on a sworn statement provided by the City that the person is not conducting business in the City, then these facts shall be considered prima facie evidence that the person is conducting a business in the City and a certificate will be required within 30 days of evidence gathered or will be subject to a violation, unless the business is excluded in Section 4-9-5 of this chapter. (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

• A. Application Required. Businesses exempt from the payment of a fee by state or federal law shall nonetheless be required to submit a certificate application and/or annual renewal and provide the information required.

• B. Application Requirements. An application for an exemption shall be made in writing, stating the facts upon which the exemption is claimed.

• (Ord. 08-277, 2008)

• A. Business name, address, and telephone number.

• B. Owner's name, address, and telephone number.

• C. Type of business.

• D. Resale license number.

• E. Number of employees, full and part time.

• F. APN number.

• G. Square footage of business.

• H. Property owned or leased.

• I. Normal hours of operation.

• J. Persons to contact in case of emergency.

• K. Security patrol or caretaker on site.

• L. Alarm company and telephone number.

• M. Any weapons kept on site.

• N. Any toxic materials handled or stored.

• O. MSDS sheets available.

• P. Any process in the business that may affect water, sewer, air quality.

• Q. Owner's signature.

• R. Business website address.

• S. Owner's e-mail address.

• T. If a licensed contractor, a copy of a valid California contractor's license.

Depending on the type of business, the business may be required to provide additional information. Any changes to information provided shall be submitted in writing to the city within 30 days. (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

The city shall, as necessary, investigate and verify the factual data provided in each application. (Ord. 08-277, 2008)

• A. The City reserves the right to regulate certain types of businesses located within City limits.

• B. Prior to issuance of a business certificate, the following types of businesses require successful law enforcement background investigations:

  1. Fortune tellers.

  2. Massage therapists.

C. All contractors must have a valid California contractor's license. (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

Each application for a certificate shall be accompanied by a fee in an amount established by resolution of city council.

(Ord. 08-277, 2008; Ord. 23-0373, § 9)

No certificate shall be issued until an application for a certificate has been completed and filed with the City, all certificate fees are paid, background investigations completed, if necessary, and all City officers or departments required to investigate the application or inspect the premises or facilities to be occupied or used, have approved of such issuance. The issuance of a certificate shall not be deemed as evidence that a person operating a business in the City is in fact in compliance with all ordinance rules or regulations of the City or that they have applied for or have been issued all permits or licenses which otherwise may be required. (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

An Administrative Officer, including the Administrative Services Director or designee, may deny a certificate required by this chapter only upon making one or more of the findings in Section 4-9-20 . Any person denied a certificate shall be advised in writing of the grounds for such denial. (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

Any person aggrieved by the decision of an Administrative Officer with respect to the issuance or refusal to issue a certificate, may appeal that decision to the City Manager within 30 calendar days of the date of the denial or the date of the issuance of the certificate. The appeal must be in writing and filed with the City Clerk. The appeal shall be accompanied by an appeal fee in an amount established by resolution of City Council. Following the filing of an appeal, the City Manager or designee must notify the appellant of a time and place for a hearing to review the appeal. The hearing shall be held within 10 working days of the date of the filing of the appeal. Following the hearing the City Manager must notify the appellant of the decision in writing within 15 calendar days.

If the person is not satisfied with the decision of the City Manager, the person may appeal to the City Council within 30 calendar days of the receipt of the notice of the City Manager's decision by filing a written appeal with the City Clerk. The appeal shall be accompanied by an appeal fee in an amount established by resolution of City Council. The City Clerk shall fix a time and place for hearing the appeal within 30 calendar days of filing of the appeal and provide the appellant with sufficient notice by serving the appellant personally or by sending the notice by certified mail addressed to the appellant at the last known address. The City Council shall have the authority to determine all questions raised on appeal. The City Council's findings shall be final and conclusive. (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

All businesses in existence as of the effective date hereof shall submit an application by January 1, 2008. Certificates shall be renewable yearly on January 1, regardless of the date the initial certificate was issued. All persons operating businesses in the City shall submit new business information as

required upon renewal of a certificate. Each renewal application must be accompanied by payment of the appropriate fee prior to the issuance of the certificate. (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

A duplicate certificate may be issued by the city to replace any certificate previously issued hereunder which has been lost or destroyed, upon the certificate holder filing an affidavit attesting to such fact, and at the time of filing such affidavit, paying a duplicate certificate fee equal to 1/2 of the certificate fee.

(Ord. 08-277, 2008)

All certificates must be kept and posted in the following manner:

• A. Any certificate holder transacting or carrying on business at a fixed place of business in the city shall keep the certificate posted in a conspicuous place upon the premises where such business is carried on or must have certificate immediately available for inspection upon request.

• B. Any certificate holder transacting or carrying on business but not operating at a fixed place of business shall keep the certificate immediately available at all times while transacting and carrying on business within the city.

• (Ord. 08-277, 2008)

Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to expiration of the certificate shall be assessed a penalty fee in an amount to be established by resolution of city council. (Ord. 08-277, 2008; Ord. 23-0373, § 10)

If a person fails to file for a certificate as herein provided within 60 calendar days after being informed to do so, or fails to pay the fee noted in section 4-9-9 of this chapter, or violates any of the other provisions of this chapter, or knowingly or intentionally misrepresents any material facts to any officer or employee of the city in procuring the certificate herein provided, or continues to operate a business after the business registration certificate has been revoked, the person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable pursuant to section 1-3-3 of this code.

(Ord. 08-277, 2008; Ord. 23-0373, § 11)

Any person aggrieved by any amount of such penalties imposed pursuant to Section 4-9-16 , may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the serving or mailing of the determination of penalty due. A notice of appeal shall be accompanied by an appeal fee in an amount established by resolution of City Council. All other fees and penalties due, must be

paid within 15 days of the serving or mailing of the determination of penalty due and prior to the filing of an appeal. The City Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such person or certificate holder at the last known place of address. The findings of the City Council shall be final and conclusive. Any amount found to be due shall be immediately due and payable upon the service of notice. If the City Council determines that the fee and penalty should be canceled, the City shall promptly refund the amount of fees and penalties already paid.

(Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

Every certificate granted under this chapter is granted and accepted by all parties with the express understanding that the City Council may revoke the certificate if it is in the best interest of the health, welfare and safety of the public to do so and grounds for such revocation exist as noted in Section 49-20 of this chapter.

The City Council shall hold a public hearing before a certificate may be revoked. The City shall provide the certificate holder notice of the time and place of the public hearing and the reason or reasons for the hearing at least ten (10) calendar days before the hearing. The notice shall be served on the certificate holder personally or by sending the notice by certified mail addressed to the certificate holder at the last known address. The findings of the City Council on revocation after such public hearing shall be final and conclusive.

(Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

• A. An Administrative Officer, or on appeal the City Manager or City Council, may deny a certificate required by this chapter pursuant to Sections 4-9-11 and 4-9-12 , or the City Council may revoke a certificate required by this chapter pursuant to Section 4-9-19 , only upon making one or more of the following findings based on substantial evidence:

  1. An applicant or certificate holder has not made a proper application as prescribed in this chapter or has falsified information submitted; or

  2. An applicant or certificate holder has not paid the fee prescribed for such certificate; or

  3. The building, structure, premises or equipment used to transact or conduct business fails to comply with any applicable federal, state, or local health, zoning, fire, or building or safety laws, or property-specific condition of approval, and an applicant or certificate holder does not correct said violation(s) within the time and manner specified by the City; or

  4. The business entity of the applicant or certificate holder is suspended or forfeited by the California Franchise Tax Board; or

  5. The applicant or certificate holder has not paid an administrative fine and/or penalty for a period of 90 days or more following the date on which the fine and/or penalty first became due under Chapter 6-5, Article A; or

  6. An applicant or certificate holder, including an employee of an applicant or certificate holder while acting as an employee for the applicant or certificate holder, has been found to be in violation of any of the following code sections three or more times in the prior 12 months:

     • a. Commercial activity on City property in violation of Section 8-3-5 ;

     • b. Solicitation in violation of Section 8-3-6 ;

     • c. Operation of a short-term rental in violation of Section 11-12-20 ; or

     • d. Erection, display or maintenance of a sign in violation of Chapter 11-13; or

     • e. Any other provision of this code relating to the business subject to a certification under this chapter or the operation of such a business; or

  7. An applicant or certificate holder, including an employee of an applicant or certificate holder while acting as an employee for the applicant or certificate holder, has engaged in conduct on three occasions in a 12-month period that the Administrative Officer or the City Council, as applicable, finds would likely constitute an unfair business practice under the Consumer Legal Remedies Act, California Civil Code Sections 1750 through 1784 , as the same may be amended from time to time, or any successor statues. Notwithstanding any other provision in this code, engaging in conduct likely to constitute unfair business practices under the Consumer Legal Remedies Act is not a violation of this code and therefore is not punishable as a misdemeanor or infraction or by administrative citation; but such conduct is grounds for business license revocation as provided herein.

• B. For the purposes of this section, evidence on which the Administrative Officer or City Council may rely includes, but is not limited to, written complaints and/or testimony or written evidence received from members of the public, reports from code enforcement or other law enforcement investigations, video, photographs and other similar documentation.

• (Ord. 08-277, 2008; Ord. 26-0388, 2/9/2026)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council of the city of Solvang hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. This chapter shall be interpreted to apply only to those businesses that may validly be assessed a fee pursuant to Government Code section 37100 and Business and Professions Code section 16000 .

(Ord. 08-277, 2008)