Temple City Municipal Code Ch. 1 Business Licenses

ARTICLE A. LICENSE REQUIREMENTS

SECTION:

For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.

As used in this chapter, the following terms shall be defined as set forth herein:

BUSINESS: Professions, trades and occupations and all and every kind of calling whether or not carried on for profit or livelihood.

CONDUCT: Conducting, managing or carrying on of a business either as owner, officer, agent, manager, employee, servant or lessee.

EMPLOYEE: The terms "individuals engaged, employed or used in the conduct of business", or "employee", shall mean all individuals actively participating in the conduct of such business, whether as owners, partners, managers or employees, but shall exclude any employee or employee position requiring the payment of wages for, or work hours of, less than twenty (20) hours per week or less than four (4) weeks per year. "Employee" for the purpose of determining rates is further defined in section 5-1B-9 of this chapter.

LICENSE COLLECTOR: The city clerk, except in those cases where an application is made to the county tax collector or other county official. (1960 Code)

It is the intent of this chapter to provide regulatory provisions only with regard to the specific businesses set forth herein and to prescribe a schedule of fees for revenue purposes only for those businesses set forth herein. In the event that any provision of this chapter should be construed to be regulatory, then neither such provision, 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 regulation by this city. Any business activity listed herein, for which a permit is required, shall be construed as enacted for both revenue and regulatory purposes. (1960 Code)

Persons required to pay a license tax for transacting and carrying on any business under this title shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the city, and shall remain subject to the regulatory provision of other ordinances and chapters of this code. (1960 Code)

Neither the adoption of this title 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 bond or case 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. (1960 Code)

The issuance of a license under this title shall not entitle the licensee to engage in any business which for any reason is in violation of any law, ordinance or code section. (1960 Code)

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. (1960 Code)

No license fee shall be required for, of or from the following:

A. Those exempt from municipal license tax by virtue of the constitution and the laws of this state or the United States. Those exempt from municipal license tax under the rules applicable to interstate commerce;

B. Any institution or organization which is conducted wholly for the benefit of 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 entertainment, dance, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts from the same are to be appropriated to any church or school, or to any religious or benevolent purpose within the city; nor shall any license be required for the conducting of any 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 organizations 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;

C. Any enterprise or entertainment when the receipts derived therefrom are to be apportioned to any church or school or to any religious or benevolent and/or charitable purpose within the city;

D. Any honorably discharged soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor, and who is peddling, hawking and vending any goods, wares or merchandise owned by him; and who exhibits his authenticated discharge papers and an application approved by the license collector of the city;

E. Any person peddling exclusively any fruit or vegetables or other produce raised upon his lands; provided, however, that such person shall furnish conclusive proof to the license collector of the city that such products were raised by him on his lands before the issuance of license exempt from fee, and any person so peddling shall carry said license with him;

F. Any employee or direct agent of a licensee conducting the business of such licensee;

G. The conducting of any boarding home, boarding school, lodging house, apartment house or home for the aged containing less than four (4) sleeping rooms, or the conducting of any boarding house, day school or day nursery accommodating less than four (4) persons for renumeration;

H. To conduct a sale at public auction of articles of 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. (1960 Code)

Any person claiming an exemption pursuant to section 5-1A-6 of this article shall file a verified statement with the license collector stating the facts upon which exemption is claimed. The license collector shall, upon the proper showing contained in the certified statement, 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 title. (1960 Code)

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 title, the burden of establishing the right of such exemption shall be upon the applicant. All applications for such exemption shall be referred to the city council which shall consider and act upon the same and grant or refuse such exemption as in the use of its discretion it shall deem just. In the event the city council refuses an exemption, the applicant therefor shall be entitled to a hearing before the council upon request therefor, at which time the council shall review the matter. However, nothing in sections 5-1A-6 through 5-1A-8 of this article shall exempt any person from complying with any of the regulatory measures or provisions of any other ordinance of the city. (1960 Code)

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 city manager. (1960 Code)

For failure to pay an annual, semiannual or quarterly license tax when due, the license collector shall add a penalty of ten percent (10%) of said license tax on the thirtieth day of each month after the due date thereof; and/or failure to pay a monthly, weekly or daily license tax when due, the license collector shall add a penalty of ten percent (10%) of said license tax on the day following the due date thereof. (1960 Code)

The amount of any license tax and penalty imposed by the provisions of this title shall be deemed a debt to the city, and any person carrying on any business without first having procured a license from said city so to do, shall be liable to an action in the name of said city in any court of competent jurisdiction for the amount of license tax and penalties imposed on such business. (1960 Code)

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 title. 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. (1960 Code)

The Los Angeles County sheriff shall have and exercise the power to make arrests for the violation of any of the provisions of this title and to enter, free of charge, at any time, any place of business for which a license is required by this title 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 in violation of this code. (1960 Code)

ARTICLE B. LICENSE PROCEDURE

SECTION:

There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this title license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from said city so to do or without complying with any and all applicable provisions of this title. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Any public utility operating within the city and making franchise payments thereunder, is subject to the provisions of this title only to the extent that such utility engages in retail merchandising within said city not covered by franchise.

A. No person shall conduct any business in the city without having an unrevoked license from the city so to do, valid and in effect at the time, and without complying with any and all regulations of such business contained in this code. No person who is an employee or who is the direct representative of a licensee shall be required to pay a license fee for the doing of any part of the work of such licensee;

B. Every person who operates any business, whether upon a cost, rental or commission basis as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of this title, shall be required to obtain a separate and independent license pursuant to the provisions hereof, and shall be subject to all provisions of this title. (1960 Code)

Separate licenses must be obtained for each branch, establishment or separate place of business in which the business is conducted; except that the utility services used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. (1960 Code)

In the event that any person is conducting, managing or carrying on, at one location, more than one business required to be licensed hereunder (or is conducting 1 business which might be classified in 1 or more groups), the license tax to be paid by such person shall be determined as follows:

A. Such person shall pay the highest license tax provided herein for any of the businesses so conducted, and shall not pay any license tax for any other of such several businesses;

B. For the purpose of this section, vending machines and games of skill and science shall be treated as a separate business as to which a full and separate license fee shall be paid unless such vending machines are operated by an otherwise licensed person, who is the owner of the goods being sold by such vending machines and which are operated only as an incident to another licensed business. (1960 Code)

No license issued pursuant to this chapter shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such license may, upon application therefor and paying the fee for a new business license as set forth by Resolution by the City Council, have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved.

(1960 Code; amd. Ord. 25-1086, - -2026)

Where a license for revenue purposes has been issued to any business by the city and the tax paid therefor under the provisions of any ordinance heretofore enacted and the terms of such business license has not expired, then the license tax prescribed for said business shall not be payable until the expiration of the term of such unexpired license. (1960 Code)

A duplicate license may be issued by the license collector to replace any license previously issued hereunder which has been lost or destroyed, upon the license filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the license collector a duplicate license fee of one dollar ($1.00). (1960 Code)

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

A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on;

B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting and carrying on such business;

C. Any licensee to whom a license has been issued for the operation of a wheeled vehicle shall be issued by the license collector, in addition to the license certificate, a paper or metal license certificate and said certificate shall at all times during the effective dates thereof be affixed to the windshield or left front door in the case of a sticker, or on the rear of said vehicle in a conspicuous place in case of a metal license plate. (1960 Code)

Every person required to have a license under the provisions of this title, shall make application for the same to the license collector of the city and upon the payment of the prescribed tax the license collector shall issue to such person a license which shall contain:

A. The name of the person to whom the license is issued;

B. The business license;

C. The place where such business is to be transacted and carried on;

D. The date of expiration of such license;

E. Such other information as may be necessary for the enforcement of the provisions of this title. (1960 Code)

The amount of license fees to be paid to the city by any person engaged in or carrying on any profession, trade, calling, occupation or business under the provisions of this title, is hereby fixed and established as in article C of this chapter. (1960 Code)

Initial licenses shall be issued according to the following conditions and provisions:

A. In all cases where the amount of license to be paid by any person is based upon the number of employees employed, it shall be the duty and obligation of the applicant to file with the license collector simultaneously with the filing of the application or as a part thereof, a written statement showing the average number of individuals engaged, employed or used in the conduct of such business during the six (6) month period immediately prior to the filing of the application and such number of individuals shall determine the license fee to be paid in accordance with the schedule herein provided;

B. In determining the number of employees for the purpose of fixing the license tax due under this title, the employer shall take the number of employees earning wages during pay periods ending the nearest fifteenth day of each month as shown by form DE3 of the state of California, department of employment, or other form which may hereafter be adopted for reporting payments due under the unemployment insurance act for each month on the previous calendar year, adding the same and dividing by twelve (12); if the employer has been in business less than one year, he may use the average number of employees as shown by said form for the last quarter. If the application of such formula produces a fractional number of employees, the next lowest integer shall be used;

C. If the application is for a new, previously unlicensed business, such application or written statement shall estimate the number of individuals proposed to be engaged, employed or used in the conduct of the business, with which estimate shall be reconciled in accordance with the facts when the succeeding annual renewal of the license certificate is applied for at which time the license fee shall be adjusted accordingly;

D. Such statements or estimates shall not be conclusive upon the city or upon any officer thereof as to the matters set forth therein, and the same shall not prejudice the rights of the city to recover any amount that might be ascertained to be due from such person, in addition to the amount shown by such statement to be due in case such statements are found to be incorrect. The correctness of all such statements shall be subject to verification by the license collector of the city or his properly authorized deputies who are hereby authorized and empowered to inspect and audit the books and records of any and all persons licensed to carry on any trade, business, occupation or calling in this title specified; except utilities operating under the jurisdiction of the public utilities commission of the state of California;

E. If any person fails to file any required statement within the prescribed time, the license collector shall assess the maximum license rate prescribed for the profession, trade, calling or occupation carried on by such person as hereinabove provided by giving written notice of the amount assessed by serving it personally or by depositing it in a United States post office, postage prepaid, addressed to the person so assessed, at his last known address. Such person may, within ten (10) days after the mailing or serving of such notice, make application in writing to the license collector for a hearing, on the amount of the license tax. If such application is not made within the time prescribed, the assessment shall become final, and if such application is made within the time prescribed the license collector shall cause the matter to be set for hearing before the city council. The city council shall consider all evidence produced and the amount of the license tax so determined by the city council shall be the amount due and payable for such license;

F. The license collector shall not issue to any such person another license for the same or any other business until such person shall have furnished to him the written statements and/or paid the license tax as herein required. (1960 Code)

The license collector shall issue numbered plates or stickers to each licensee who is issued a license for conducting business by vehicle as defined herein, one plate for each vehicle so used, which plate shall be placed conspicuously on the vehicle. No person shall place any such plate or sticker on a vehicle not used by the licensee in such business, or drive or operate a vehicle engaged in any such business upon which no plate or sticker is placed, except as provided. (1960 Code)

Annual licenses shall date from January 1 of each year; quarterly licenses shall date from January 1, April 1, July 1 and October 1, respectively; monthly licenses shall date from the first day of the calendar month for which they are issued; daily or weekly licenses shall be due and payable each day or week in advance. Renewal licenses shall become delinquent on or after the due date and new licenses become delinquent upon the date of commencement of the operation of business. (1960 Code)

All annual license fees, under the provisions of this chapter, shall be due and payable in lawful money of the United States in advance on January 1 of each year. Any person doing business for less than the full year and for which business an annual license fee is provided in this chapter, shall be required to pay the amount of the license fee for a full year, except that the fee for any such license issued within the second quarter, third quarter or fourth quarter of any year for the remainder of such calendar year shall be seventy five percent (75%), fifty percent (50%) and twenty five percent (25%), respectively, of the annual license fee prescribed for such business.

Except as otherwise herein provided, license fees, other than annual, required hereunder, shall not be prorated and shall be due and payable in advance in lawful money of the United States as follows:

A. Quarterly license fees on January 1, April 1, July 1 and October 1 of each year;

B. Monthly license fees on the first day of each and every calendar month;

C. Weekly license fees on Monday of each week;

D. Daily license fees each day in advance.

No greater or less license fee or amount of money shall be charged or received than is provided for in this title and no license shall be issued or authorized for any period of time other than or different from that provided in this title. (1960 Code)

Concurrently with the issuance of a license for any mechanical amusement device which furnishes or may be operated as a game, contest or amusement, or any vending machine, weighing machine, or machine or device furnishing astrological readings, foot-ease service, automatic shoeshining, automatic instrumental or phonographic music, the license collector shall issue and furnish an identification card for each such device or machine so licensed. Such identification card shall be and remain attached to said device or machine at all times. A change in the particular device or machine at the place of business specified on the license may be made at the option of the owner or operator thereof at any time during the period designated in said license where such change is the substitution of a device or machine of the same type and the owner or operator thereof shall notify the license collector of such change. (1960 Code)

Where a license has been issued by the city for any business and the tax fee paid therefor under the provisions of any ordinance heretofore enacted and the term of such license has not expired then the license fee prescribed for said business by this title shall not be payable until the expiration of the term of such unexpired license. (1960 Code)

Upon denial of a license application, the license collector shall refund all business license fees collected, except as follows: a) any fees collected for the purposes of a background investigation shall be forfeited to the city to cover costs incurred due to such investigation; and b) any costs incurred by the city in connection with ascertaining zoning, health and other compliances shall be deducted from such refund and shall be forfeited to the city.

However, upon revocation of a license, no part of the license fee collected shall be returned but shall be forfeited to the city. When the license of any person is revoked for any cause, no new or other license shall be granted to such person within six (6) months from the date of such revocation. (1960 Code; amd. Ord. 97-802; Ord. 00-841)

Any license issued under this chapter is subject to revocation for cause in the manner provided as follows:

A. Complaints against any licensee seeking a revocation of license must be in writing and must set forth one or more of the grounds hereinafter enumerated, which shall constitute the basis for the revocation of the license issued hereunder.

B. A written report of the sheriff or any officer or employee of the city disclosing asserted violations of law or ordinance by the licensee shall be deemed a complaint within the meaning of this section. All complaints must be verified unless made by officers or employees in their official capacity.

C. The following are grounds which shall constitute the basis for the revocation of licenses:

1. When the continuance of the operations of the licensee under such license shall be contrary to the public health, safety, peace, welfare or morals.

2. The violation of any of the penal provisions of this title.

3. The misrepresentation of a material fact by any applicant in obtaining a license hereunder.

4. The plea, verdict or judgment of guilty to any public offense involving moral turpitude charged against the licensee. (1960 Code)

Complaints may be filed with the city council and upon the filing thereof the city council, after investigation, if it deems such complaint to warrant further consideration, must provide for a public hearing thereon and determine whether or not such license should be revoked. (1960 Code)

The city council shall cause written notice of the time and place of the hearing of the complaint or report to be given to the complaining part as well as to the licensee. The hearing shall be set for a date not less than five (5) days subsequent to the mailing of the notice. The notice shall be sent to the licensee by registered mail, addressed to said licensee at this address as shown on the license records of the city, and enclosed with such notice shall be a copy of the complaint or report filed with the city council. All hearings before the city council shall be conducted informally and the council shall not be bound by any statutory rules of evidence or procedure, but shall make inquiry in such manner as it deems advisable to protect the rights of the parties and to carry out the purposes of this chapter.

A licensee shall be entitled to have witnesses subpoenaed and to appear and give testimony with respect to the charges made against him. The decision of the city council after holding of such hearing shall be final and conclusive and shall be binding upon all parties concerned. If the city council shall order the revocation of any license issued hereunder, no person whose license has been revoked shall thereafter conduct such business in the city. (1960 Code)

A. The following officers are hereby authorized to access and utilize criminal history record information when it is required for them to fulfill employment, certification, licensing duties or any other investigative process called for in this code as hereinafter specified in section 5-1B-20 of this article: city manager, city clerk, public services director, community development director, financial services director, city attorney and code enforcement officer.

B. The Los Angeles County sheriff's department shall, upon the request of the city council or other authorized city officials as listed in section 5-1B-20 of this article or elsewhere in this code, investigate and report all facts or evidence bearing upon the place where any proposed business is to be located, and the character, reputation and moral fitness of those who will be in charge thereof. (1960 Code; amd. Ord. 97-802)

Conviction (including pleas of guilty and nolo contendere) of a felony shall be prima facie disqualification of an applicant for municipal employment or an applicant for any business requiring a permit from the city council.

An applicant who is thus prima facie disqualified for employment, licensing or permit, may make an appeal in writing to the employing, licensing or certifying agency or officer. The agency or officer shall consider the following factors and shall render a decision on whether the appeal should be upheld, which decision shall be final and conclusive:

A. The classification to which the person is applying or which the person is employed, including its sensitivity;

B. The nature and seriousness of the conduct;

C. The circumstances surrounding the conduct;

D. The date of the conduct;

E. The age of the applicant at the time of the conduct;

F. Contributing social or environmental conditions;

G. The absence or presence of rehabilitation or efforts at rehabilitation. (1960 Code; amd. Ord. 77-447)

Notwithstanding the provisions of section 5-1B-20 of this article, an applicant for a peace officer or firefighter positions shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony. (1960 Code)

Title 7 of the Los Angeles County business license code, being an ordinance regulating and licensing business and other activities is hereby adopted to provide regulations for certain businesses and standards for the issuance of permits to the extent said title 7 is not inconsistent with this title. In the event of conflict, this title shall prevail. (Ord. 86-593)

Payment of all charges and fees, relating to an applicant for a business license or renewal thereof, imposed under other provisions of this code (specifically including all applicable fees required under section 6-2A-0 of this code) is hereby made a prerequisite to the issuance of any business license or renewal thereof. (Ord. 95-785)