South Pasadena Municipal Code Art. I License Requirements

It is the intent of Articles I through IV of this chapter to provide regulatory provisions only with regard to the specific businesses set forth in Article IV and to prescribe a schedule of fees for revenue purposes only for those businesses set forth in Articles I through III hereof. In the event that any provision of Articles I through III should be construed to be regulatory, then neither such provisions, nor any penal or regulatory provision thereof shall be applied or be made applicable to any business activity which is regulated exclusively by the state of California or other governmental agency, or which by the laws of this state or court decision is not subject to such regulation by this city. Any business activity listed in Articles I through III hereof, for which a permit is required, shall be construed as enacted for both revenue and regulatory purposes. (Ord. No. 1595, § 1.)

Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the requirements of any other permits, fees or taxes required pursuant to other applicable federal, state or local laws, and shall remain subject to the regulatory provisions of other ordinances and chapters of this Code. (Ord. No. 1595, § 1; Ord. No. 2258, § 3, 2013.)

No license and/or permit issued pursuant to this chapter shall be construed as authorizing the conduct of, or continuance of, any unlawful business or the provision or sale of any service or product that is illegal under the laws of the United States, the laws of the state of California, or any ordinance of the city. No license and/or permit shall be issued to any unlawful businesses providing or selling illegal services or products. Licenses and/or permits issued to unlawful businesses providing or selling illegal services or products shall be subject to revocation in accordance with Section 18.35 or 18.82. (Ord. No. 1595, § 1; Ord. No. 2198, § 1, 2009; Ord. No. 2258, § 5, 2013.)

No license hereunder shall be transferred or assigned, nor shall such license be construed as authorizing any person other than the licensee to engage in the licensed business. (Ord. No. 1595, § 1.)

(a) No license tax shall be required for, of or from the following businesses:

(1) Those exempt from municipal license tax by virtue of the United States and California Constitution and the laws of this state or the United States;

(2) Any institution or organization that is conducted wholly for the benefit of non-profit and/or charitable purposes and from which profit is not derived either directly or indirectly by any person; nor shall any license be required for the conducting of any event, including, but not limited to, entertainment, dance, concert, exhibition, or lecture whenever the receipts from the same are to be appropriated to any non-profit and/or charitable purpose within the city; nor shall any license be required for the conducting of any event, including, but not limited to, entertainment, dance, concert, exhibition, or lecture whenever the receipts from the same are to be appropriated for the purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any person. Nothing in this chapter contained shall be deemed to exempt any such institution or organization from complying with the provisions of this Code requiring such institution or organization to obtain a permit from the city council or proper officer to conduct, manage, or carry on any business;

(3) Any honorably discharged soldier, sailor or marine of the United States selling goods, wares, or merchandise made by him or her; and who exhibits his or her authenticated discharge papers and an application approved by the license collector of the city;

(4) Any employee or direct agent of a licensee conducting the business of such licensee;

(5) Sale or public auction of articles or personal property belonging to residents of the city, which articles shall not be a stock in trade or any part of any stock in trade of any kind, provided such sale or auction is limited to the days and frequencies set forth in Section 36.410.050(B)(2)(d) of this Code;

(6) Domestic servants, dressmakers, or music teachers doing business at their homes or at the homes of their customers, not employing helpers, nor from persons transporting or operating, without compensation, vehicles from points within the city to points outside the city for repairs or servicing;

• (7) Foster homes.

(b) Any person claiming an exemption pursuant to this section shall file a certified statement with the license collector stating the facts upon which exemption is claimed. The license collector shall, upon a showing that the applicant is entitled to an exemption pursuant to this section, issue a license to such person claiming exemption under the subdivisions of this section without payment to the city of the license tax required by this chapter.

(c) In all cases of doubt as to any applicant being entitled to an exemption from any license tax or from the application of any of the provisions of this chapter, the burden of establishing the right of such exemption shall be upon the applicant. All applications for exemption in such cases shall be referred to the license collector who shall, in the interests of justice, grant or deny the exemption. In the event the license collector denies an exemption, the applicant may appeal to the city manager for a review of such matter.

(d) Nothing in this section or any subsection hereof shall exempt any person from complying with any of the regulatory measures or provisions of this chapter or any other ordinance of the city. (Ord. No. 1595, § 1; Ord. No. 2258, § 6, 2013.)

• For state law as to persons exempted from license charges, see Business and Professions Code, §§ 16001 and 16002.

In no event shall any mistake made by the license collector in stating the amount of the license fee or in receiving the license fee prevent or prejudice the collection by the city of the amount actually due, together with all costs of collection, from any person for conducting any business activity without a license or for refusing to pay the license fees specified herein. Overpayments shall be reimbursed upon approval of the license collector. (Ord. No. 1595, § 1.)

If any license tax shall remain unpaid at the end of the calendar month in which it becomes due and payable, a penalty of five percent of the total annual tax shall be added for each month that it remains unpaid, not exceeding in the aggregate a total penalty of fifty percent of the license tax. Penalties so imposed shall be collected by the license collector. (Ord. No. 1595, § 1; Ord. No. 2258, § 7, 2013.)

The amount of any license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the city, and any person carrying on any business without first having procured a license from the city shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of license tax and penalties imposed on such business. (Ord. No. 1595, § 1; Ord. No. 2258, § 7, 2013.)

The conviction and fine or imprisonment of any person for engaging in any business without first obtaining a license to conduct such business, shall not relieve such person from paying the license tax to conduct such business, nor shall the payment of any license tax prevent a criminal prosecution for the violation of any of the provisions of this chapter. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. No. 1595, § 1.)

The police department shall have the authority to enter, free of charge, during reasonable business hours, any place of business for which a license is required by this chapter and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business; and if such person shall then and there fail to exhibit such license, such persons shall be liable to the penalty provided for violation of this Code. (Ord. No. 1595, § 1; Ord. No. 2258, § 8, 2013.)

The license collector may make rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions of this chapter. (Ord. No. 1595, § 1.)

No license for any ensuing, current, or unexpired license period shall knowingly be issued by the license collector to any person who, at the time of making application for any license, is indebted to the city for any unpaid fees required to be paid to the city under the provisions of this chapter or any other ordinance. (Ord. No. 1595, § 1.)