Chapter 6.04 — REGULATORY BUSINESS LICENSES

Editor's note— Ord. 308 §1(Att. A), adopted August 15, 2005, repealed the former Ch. 6.04, §§6.04.010— 6.04.210, and enacted a new Ch. 6.04 as set out herein. The former Ch. 6.04 pertained to general business license tax and derived from Ord. 159 §§1—21, adopted 1969; Ord. 200 §1(G), adopted 1980.

State Law reference— For the statutory provisions authorizing cities to license businesses for revenue and regulation purposes, see Gov. Code §37101; for the statutory provisions authorizing cities to license businesses in the exercise of the municipal police power and for purposes of regulation, see Bus. and Prof. Code §§16000—16003.

No person or entity, whether as principal, agent, or employee, either for him or herself or for any other person or entity shall commence or carry on any trade, business, profession, occupation or calling within the City of Sutter Creek with first having obtained a regulatory business license to do so under this chapter. Each and every day any such activity is carried on without having first obtained the required license shall be a separate violation of this chapter.

(Ord. 308 §1(Att. A), 2005)

A separate license must be obtained for each branch establishment or separate place of business in which the trade, calling, profession or occupation is carried on, and each license shall authorize the party obtaining it to carry on, pursue or conduct only that trade, calling, profession or occupation described in such license, and only at the location or place of business which is indicated thereby.

(Ord. 308 §1(Att. A), 2005)

The city shall issue a license or permit designated in this chapter for every person liable to obtain a license or permit hereunder and to state in each license or permit the period of time covered thereby, the name of the person to whom issued, the trade, calling, profession, occupation or activity licensed or permitted, and the location or place of business where such trade, calling, profession, occupation or activity is to be carried on.

(Ord. 308 §1(Att. A), 2005)

No license granted or issued under this chapter shall be in any manner transferred or assigned, or authorize any person other than is therein mentioned or named to carry on any trade, calling, profession, occupation or activity. Any change in location or name of person from that which is shown on the issued license or permit shall require a new license or permit to be obtained.

(Ord. 308 §1(Att. A), 2005)

Every person having a license under the provisions of this chapter, and carrying on a trade, calling, profession, occupation or activity at a fixed place of business, shall keep such license posted and exhibited while in force in some conspicuous part of his or her place of business. Every person having such a license and not having a fixed place of business shall carry such license with him or her at all times while carrying on the trade, calling, profession, occupation or activity for which the same was granted and shall produce it for inspection upon demand. Every person having a license issued under the provisions of this chapter shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any police officer or by any officer authorized to issue, inspect or collect licenses and permits.

(Ord. 308 §1(Att. A), 2005)

A.

Any license issued under the terms of this chapter may be suspended or revoked by the city manager or his designee when it shall appear that the business or calling of the person to whom such license was issued is conducted in violation of any statute of the state, or ordinance of the city, or that the conduct of the business is a public nuisance, or the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose other than that for which the license was issued.

B.

A license issued under the terms of this chapter shall not, by virtue of this section, be revoked, canceled or suspended until a hearing shall have been had by the city manager relative to so doing. Written notice of the time and place of such hearing shall be served upon the permittee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the business address appearing upon the license. In revoking any such license, the city manager may authorize refund of all or any portion of the fee paid therefore. After any such license shall have been revoked, neither the holder thereof nor any person acting for the holder directly or indirectly, shall be entitled to another license to carry on the same or any similar business in the city, unless the application for such license shall be specifically approved by the city manager. Any person aggrieved by the action of the city manager in revoking or suspending such license may appeal to the council in writing five working days after the decision of the city manager is issued in writing.

(Ord. 308 §1(Att. A), 2005)

Violation of this chapter shall be a misdemeanor, punishable by a fine and imprisonment and prescribed by law. Any police officer of the city shall have the authority to make arrests for violation of the provisions of this chapter and to enter, free of charge, any place of business for which a license is required and demand the exhibition of the current license. Failure to allow entry or to exhibit a license on demand shall constitute a violation of this chapter. This chapter may also be enforced by the city attorney by any other means authorized by law.

(Ord. 308 §1(Att. A), 2005)

An annual fee of equal to the reasonable cost of administration and enforcement of this chapter shall be established from time to time by resolution of the city council. The initial annual fee is hereby established as one hundred thirty dollars per license obtained.

(Ord. 308 §1(Att. A), 2005)

The city manager shall have the authority to a make and enforce rules and regulations consistent with the provisions of this chapter, which are necessary or desirable to and in the enforceable of this chapter.

(Ord. 308 §1(Att. A), 2005)

Neither the adoption of this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.

(Ord. 308 §1(Att. A), 2005)

Each business license application received shall be provided to the public works, police, fire, building, planning, and health departments for review and approval prior to issuance. Provided, however, that the city manager may or his designee may issue a license conditioned upon the completion of such a review and correction of any code violation(s) found to exist as a result of the review.

(Ord. 308 §1(Att. A), 2005)