Stanton Municipal Code Ch. 5.06 Regulations

A. No license shall be issued when the provisions of this chapter or of some other ordinance of the city require a permit to be obtained as a prerequisite to engaging in or conducting such business, until such permit is first applied for and obtained. Any license issued in violation of the provisions of this section shall be void.

B. No person, association, or organization shall conduct, manage, or carry on such entertainment, concert, exhibition, lecture, or dance, without first obtaining a permit from the council.

C. It is unlawful for any person, firm, or corporation to engage in, conduct, manage or carry on any of the following businesses, practices, professions, or occupations within the city without first having obtained a license from the council. The activities and businesses for which a permit from the council is required are those designated in Section 5.04.080, Sections 5.04.310 through 5.04.340, subsections B through J of Section 5.04.390, Section 5.04.400, and Sections 5.04.410, 5.04.440, 5.04.460, 5.04.500, 5.04.520, 5.04.530, 5.04.540, 5.04.620, and 5.04.630.

(Ord. 1158, 2/25/2025)

Every person who seeks a business license from the city pursuant to this chapter shall be required to file a verified statement with the city, signed under penalty of perjury, that:

A. The person or the business entity has not been convicted in a court of competent jurisdiction of any crime or misdemeanor or felony offense which directly relates to the operation or conduct of a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application; and

B. The person or the business entity has not had revoked any business license or any establishment, owner, or operator license or permit for a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application.

(Ord. 1158, 2/25/2025)

A. The city shall have grounds to deny the issuance of a business license or suspend or revoke an existing business license when:

1. The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building and safety laws of the state or city;

2. The business or any of the business activities or operations is prohibited by any local or state law, statute, rule or regulation, or the business is prohibited in the particular location or zone by any law, statute, rule, or regulation;

3. The applicant has made any false, misleading or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the city;

4. The applicant has failed to verify past conduct, as provided in subsections A and B of Section 5.06.020, or has made any false statement related to such verification;

5. The applicant, his or her business entity, or the business's owner, operator, or manager has been convicted in a court of competent jurisdiction of any crime or misdemeanor or felony offense which directly relates to the operation or conduct of a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application; or

6. The applicant, his or her business entity, or the business's owner, operator, or manager has had revoked any business license or any establishment, owner, or operator license or similar permit for a business of the same or substantially same type as the business for which a license is sought from the city in the three years immediately preceding the date of the business license application.

B. The city shall also have grounds to suspend or revoke a business license when:

1. The applicant, his or her business entity, or the business's owner, operator, or manager has been convicted in a court of competent jurisdiction of any crime or misdemeanor or felony offense which directly relates to the operation or conduct of the business for which the business license was granted by the city;

2. At least two verified police reports of a disturbance of the peace, disorderly conduct, or similar violations, or citations or arrests have been made regarding the business within the immediately preceding 12-month period;

3. The applicant, his or her business entity, or the business's owner, operator, or manager is found to have committed a crime involving moral turpitude which is substantially related to the business activity for which the license was issued. For purposes of this criteria, a verified complaint(s), code enforcement report(s), police report(s), or other similar evidence may be used as support that a crime was committed; or

4. Any employee, contractor, agent, or representative is found to have committed a crime involving moral turpitude at the business premises that is substantially related to the business activity for which the license was issued. For purposes of this criteria, a verified complaint(s), code enforcement report(s), police report(s), or other similar evidence may be used as support that a crime was committed.

C. For purposes of this chapter, a "nolo contendere" plea shall be deemed a conviction.

D. The city, in its sole and absolute discretion, shall have the authority to determine whether a suspension or revocation is appropriate, in the interest of the public health, welfare, and safety.

(Ord. 1158, 2/25/2025)

A. An applicant may appeal the denial of a business license to a hearing officer by filing with the city clerk a notice of appeal within 15 days from the date the notice of denial was issued. The appeal shall set forth the reasons why the notice of denial should be overturned and shall also be filed with any applicable appeal fee, as adopted via council resolution. Upon receiving the appeal request, a hearing officer shall be selected using the criteria in Chapter 1.12. The hearing officer shall set a time and place for hearing the appeal and notify the applicant and city. At the de novo appeal hearing, the city and the applicant, business owner, or business operator may each provide testimony and evidence relating to why the appeal should be affirmed or denied. Within seven days of the conclusion of the hearing or any continued hearing, the hearing officer shall render a decision affirming or denying the business license denial, based on whether substantial evidence demonstrates that the grounds set forth in Section 5.06.030 have been met. The applicant, business owner, or business operator shall be given written notice of the hearing officer's decision by registered mail, and the notice shall state with specificity the reasons for the hearing officer's decision.

B. The action of the hearing officer shall be final and appealable to the Superior Court of the state of California pursuant to Code of Civil Procedure Section 1094.5.

(Ord. 1158, 2/25/2025)

A. "Canvasser" or "solicitor" means any person not having an established place of business in the city, who for him or herself or as agent for another goes from place to place, and from house to house, in the city soliciting or procuring the sale or other disposition of any merchandise or services or for the purpose of obtaining information of any nature whether for the purpose of selling merchandise or services or otherwise, and whether or not any moneys are advanced; or who for him or herself, or as agent for another, by telephone or by any other means of communication solicits the retail sale of any goods, wares, merchandise, services or other things of value for future delivery, not otherwise licensed under the provisions of this chapter and not having a regularly established place of business within the city.

B. It is unlawful for any canvasser or solicitor to go from place to place or from house to house or to solicit by telephone or other means of communication for the purpose of soliciting or procuring the sale or the disposition of any merchandise, or for the purpose of obtaining information of any nature, whether for the purpose of selling merchandise or services or not, and whether or not any money is advanced on any such orders or sales, without first having procured a written permit from the chief of police authorizing the same.

To obtain such permit, each canvasser or solicitor, as defined in this section, shall appear personally before the chief of police and file a written application for such permit, giving the name and address of the applicant and such other information as the chief of police shall require. No permit shall be issued by the chief of police to any person who cannot show by written instrument or other evidence satisfactory to the chief of police that such person so applying for a permit under this section is a bona fide canvasser or solicitor as defined in this section.

C. Persons engaging in the following activities do not need a permit and are exempt from the requirements of this section:

1. Those seeking to obtain contributions or to sell any goods, articles or services of any kind for the support or benefit of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project;

2. Those seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;

3. Those seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;

4. Those seeking to obtain donations made incidental to canvassing door-to-door on behalf of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project;

5. Those who engage in solicitation solely as an incident to the conduct of any regular retail route licensed by the city.

D. Except by permission of the city council, no person shall solicit other than during daylight hours. The term "daylight hours" is defined as a period from one-half hour before sunup to one-half hour after sunset.

E. Any person, firm or corporation either employing or contracting with one or more persons, to solicit the retail sale of any goods, wares, merchandise, service or other things of value and not otherwise licensed by the city and not having a regularly established place of business within the city may obtain a principal solicitor's license on payment of a business tax of $150 annually, plus $4 for each solicitor.

The director of finance shall not issue such license until the applicant has filed with the city a list of all solicitors employed by the applicant or with whom the applicant has contracted and has signed an agreement to notify the city in writing within five days following any change in solicitors.

F. Each applicant, before a license is issued to him or her, shall furnish the city with his or her sales tax number and a written agreement to report on his or her sales tax return the amount of receipts from sales in the city and from sales for use in the city.

G. Every solicitor who is not operating under a principal solicitor's license shall pay a business tax of $75 per year.

(Ord. 1158, 2/25/2025)

A. If the city manager or designee determines that there are grounds to revoke a business license, as provided under Section 5.06.030, the city manager or designee may provide a notice of revocation to the business owner or operator.

The notice shall state the reasons why the business license is being considered for revocation, and a hearing officer shall be selected using the criteria in Chapter 1.12 to determine whether the business license should be revoked. Within 45 days of a hearing officer being selected, the hearing officer shall provide the city and business owner or operator a notice of hearing before the hearing officer, providing the date and time of the revocation hearing. The notice of hearing shall be provided to the business owner or operator at least seven days before the hearing. At the de novo revocation hearing, the city and the business owner or operator may each present evidence supporting why the business license should or should not be revoked. The hearing officer shall consider the evidence and decide whether to revoke the business license. The hearing officer shall not revoke the business license if substantial evidence demonstrates that the criteria in Section 5.06.030 has not been met. The hearing officer may revoke the business license if substantial evidence demonstrates that the criteria in Section 5.06.030 has been met. Within 10 days of the hearing or continued hearing, the hearing officer shall provide a notice of decision to the city and the business owner or operator. The action of the hearing officer shall be final and appealable to the Superior Court of the state of California pursuant to Code of Civil Procedure Section 1094.5.

B. The city's remedies, as provided in this section, are in addition to any other legal, civil, or administrative remedies provided under this code.

(Ord. 1158, 2/25/2025)