Stanislaus County Municipal Code Ch. 6.04 General Licensing

For the purpose of this chapter, certain words and phrases are defined as follows:

A. "Business" means an occupation, profession or trade; the purchase and sale of wares, merchandise or goods; the sale of wares, merchandise or goods from a motor vehicle or temporary roadside stands; engagement in commerce, manufacturing, or the provision of a service; a building or locale where commerce is carried on.

B. "Fixed place of business" means a place of business in the unincorporated area of the county occupied for a particular purpose of conducting a business.

C. "Person" means any natural person or persons, or any partner or partnership, trust, corporation, association, club, society, or any other entity.

D. "Treasurer-tax collector" means the treasurer-tax collector or duly authorized deputies or assistants who may be charged with the issuance of business licenses and collection of the fee therefor.

(Prior code §7221)

No person shall maintain, conduct, or carry on a business, whether or not for profit, located in whole or in part at a fixed place of business within the county and outside the limits of any incorporated city, without first obtaining a license to operate as provided in this chapter. Furthermore, no person shall establish a new or additional business location, change or expand the business use of any building, or participate in a change of business ownership without first obtaining a new license to operate, as provided in this chapter.

(Prior code §7-220)

A. No license to operate is required of any farmer growing or selling his or her agricultural produce in this county at a fixed location.

B. No license to operate is required of any person who is engaging in a home occupation as defined in Section 21.12.290 and whose gross receipts do not exceed the sum of one thousand dollars per calendar year.

C. No license to operate is required of any person who is exempted from this county's licensing chapter by state law.

D. No license to operate is required of any religious, charitable, benevolent, social, fraternal or other wholly nonprofit organization when no person other than such organization is to receive any pecuniary profit or benefit therefrom.

E. No license to operate is required of any person who is required by another part of this title to obtain a license or franchise to operate in this county.

F. No license to operate is required of any person who is by the provisions of Chapter 6.16 required to obtain a charitable solicitation license for the particular activity such person is conducting.

G. No license to operate is required of any public utility which makes an annual payment to the county under a franchise or similar agreement.

H. No license to operate is required of any person keeping, conducting or operating any dog kennel, cat kennel, pet shop, zoo, animal rental establishment, riding academy, livery stable, boarding stable, pony ride, livestock auction or market, rodeo, pet show, animal exhibition, or any other use of animals for a commercial purpose who has, pursuant to the provisions of Chapter 7.24, obtained and has in effect a valid license.

(Prior code §7-222)

To procure a license to operate, written application must be made to the treasurer-tax collector on forms provided therefor. The exact form of the application shall be provided for by the treasurer-tax collector and shall contain provision for verification of each application by the applicant and a provision showing that the applicant, if not the owner of the real property on which the fixed place of business is or will be situated, has permission or authority to operate at said location.

(Prior code §7-223)

Upon the filing of an application for license, the meeting of the requirements of this chapter and compliance with other state and local laws, the payment of required fees, and the approval of such application by the department of planning and community development, the treasurer-tax collector shall issue a license to the applicant.

(Prior code §7-224)

The fee for each license to operate shall be set by resolution of the board of supervisors. The full amount of the license shall be paid in advance upon the submission of the license application to the treasurer-tax collector. License fees will not be prorated, except to adjust the three-year license renewal application date from December 31st of each year to a monthly renewal application date during the transition period of December 31, 2018 through December 31, 2020.

(Prior code §7-225; Ord. CS 459 §1, 1991; Ord. CS 1216 §1, 2018)

The expiration of the license is the last day of the month of the initial application date, of a third-license year. Each person to whom a license has been issued under this chapter shall, for the purpose of renewing their license, submit a renewal application to the treasurer-tax collector on forms provided therefor. The renewal application shall be subject to the same issuance process as found in Section 6.04.050, except approval of the renewal application is not required by the department of planning and community development. The renewal application shall be submitted no later than the last day of the month of the month of expiration. If the last day of the month is a Saturday or a Sunday, the renewal application is due the next business day. The license renewal fee must be paid by this due date to the treasurer-tax collector. If the payment is not timely a delinquent penalty of ten dollars should accompany the renewal application and license renewal fee. The license renewal fee and delinquent penalty are set by resolution of the board of supervisors.

(Prior code §7-226; Ord. CS 459 §2, 1991; Ord. CS 1216 §2, 2018)

Any person conducting a business licensed under this chapter shall post the license to operate in a conspicuous place in the place of business, shall keep it posted until its date of expiration, and shall then remove it. No licensee shall conduct, or permit to be conducted the business for which the license has been issued while the license is not so posted. Every person having a license issued under the provisions of this chapter shall produce and exhibit it whenever requested to do so by any peace officer or by any officer authorized to issue, inspect, or collect licenses, or by any county zoning enforcement officer or by any county building inspector.

(Prior code §7-227; Ord. NS 1003 §1, 1981; Ord. CS 1216 §3, 2018)

Any person maintaining, conducting, or carrying on a business who violates or causes or permits or assists in the violation of any of the provisions of this chapter, including failure to obtain a license to operate, or who encourages others to violate this chapter, is guilty of an infraction, punishable in accordance with Section 1.36.020 of this code. Each person shall be deemed guilty of a separate offense for each day during any portion of which the violation of or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person. Designated county officers and employees are authorized to enforce the requirements of this chapter pursuant to Section 1.24.040 of this code.

(Prior code §7-228; Ord. CS 459 §3, 1991)