Torrance Municipal Code Art. 3 Penalties and Enforcement

(Added by O-3385)

No person (whether as principal or agent, clerk or employee, either for himself or for any other person, or otherwise) shall carry on any business in the City without first having obtained a license therefor from the City, and without complying with any and all applicable provisions of this Division. Each day that such business is so carried on shall constitute a separate violation of this Division.

(Amended by O-2288)

Any person who carries on any business without first having obtained a license therefor shall pay a penalty of ten (10) percent of the prescribed business tax; an additional one (1) percent penalty shall be added for each three (3) days or fraction thereof after notice shall have been issued to such person directing him to appear at the Office of the City License Inspector and until the appropriate business application is filed and tax paid, except that the total amount of penalty added shall in no event exceed fifty (50) percent of the amount of tax due. Such penalty shall be collected and the payment thereof shall be enforced in the same manner as other business taxes are collected and payment enforced.

(Amended by O-47; O-2288)

a) Annual or quarterly taxes shall be delinquent if not paid by 5:00 p.m. on the last day of the month following the close of the previous period. A penalty of one (1) percent of the tax due shall be added to the tax for every three (3) days or fraction thereof that tax is delinquent, provided that the total amount of such penalty to be added shall in no event exceed fifty (50) percent of the amount of tax due. Such penalty shall be collected and the payment thereof shall be enforced in the same manner as other business taxes are collected and payment enforced.

b) Daily taxes shall be delinquent if not paid before the close of the City’s business day on the day the tax was due and payable. A penalty of ten (10) percent of the tax shall be added to the tax if not paid by that time and an additional one (1) percent of the tax shall be added for each additional day of delinquency thereafter, provided that the total amount of such penalty to be added shall in no event exceed fifty (50) percent of the amount of tax due. Such penalty shall be collected and the payment thereof shall be enforced in the same manner as other business taxes are collected and payment enforced.

(Amended by O-2288)

A separate business license shall be obtained for each business location. No person shall carry on any business except at the location stated in the license issued to such person. No person shall conduct any business except that specified in the license issued to such person.

The issuance of any license shall not authorize the commencing or conducting of any business in the City contrary to the provisions of the zoning or other provisions of this Code.

(Amended by O-495; O-629; O-3684)

No license issued under the provisions of this Division shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business or practice, or the furnishing, sale, or provisioning of any service, good, or product that is illegal under this Code, the Laws of the State of California, or the Laws of the United States of America.

No license shall be issued for any succeeding current or unexpired license period knowingly to any person who, at the time of requesting any new license, is indebted to the City for any unpaid license tax.

(Amended by O-47; O-50; O-109)

a) The amount of any license tax imposed by this Division shall be deemed a debt to the City, and any person carrying on any business mentioned in this Division without having a license therefor from the City shall be subject to an action in the name of said City in any court of competent jurisdiction for the collection of the amount of license tax by this Division imposed on such business.

b) The conviction and punishment of any person for carrying on any business without a license shall not excuse or exempt such person from the payment of such license tax due or unpaid at the time of such conviction.

c) Nothing herein contained shall prevent a criminal prosecution of any person violating any of the provisions of this Division; provided, however, that persons holding a license issued by the State to carry on any business shall not be subject to criminal prosecution for failure to pay any license tax required by this Division.

a) The License Supervisor and his deputies shall be appointed police officers of the City and shall have the authority of police officers in the enforcement of this Division, including, but not limited to the authority:

1. To make arrests for the violation of any of the provisions of this Division;

2. To enter free of charge, at any time, any place of business for which a license is required by this Division and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business;

3. To examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of the provisions of this Division.

b) If any such person shall then and there fail to permit entry of the License Supervisor or his deputy, or fail to exhibit such license, books or records, such person shall be liable to the penalty provided for a violation of this Division.

The License Supervisor is hereby authorized to make such rules and regulations as may be necessary for the enforcement of the provisions of this Division.