CHAPTER - 5.01

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) "Business" means professions, trades, or occupations including, but not limited to, contractors and subcontractors of all and every kind or calling which are engaged in for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned, and whether paid for in money, goods, waiver or otherwise. Business includes, but is not limited to, professions, trades or occupations which do not have a fixed location within the City but are doing business within the City.

(b) "Person" means a natural individual, corporation, whether foreign or domestic, joint venture, association, partnership, estate or trust, or any combination thereof, acting as a unit and engaged in any business in the City other than as an employee.

(91-91 § 2)

Unless exempted pursuant to Section 5.01.130, no person shall engage in any business within the City without a valid business license issued pursuant to this Chapter or without complying with any an all regulations applicable to such business.

(91-91 § 3)

A separate business license shall be required for each branch establishment or location of a business within the City.

(91-91 § 4)

(a) Application for a business license shall be filed with the City Treasurer or his designee upon a form provided by the City. The permit application shall not be deemed filed unless the form has been filled out completely and accurately by the applicant. The applicant shall be the person desiring to engage in the business or such person's duly authorized representative.

(b) All applications shall be accompanied by a filing fee in an amount established by resolution of the City Council or a request for a waiver of such fee pursuant to this Chapter.

(c) The application shall contain the following:

(1) The name, business address, mailing address and telephone number of the person who will engage in the business. If such person is a corporation, the name and address of each director and the name and address of each officer who is duly authorized to accept service of legal process;

(2) The name, title, business address, mailing address and telephone number of the applicant and the local manager;

(3) The business address and mailing address of the business and an after-hours phone number and contact;

(4) If the business is advertised to the public by name or designation other than the name of the applicant, that name or designation and proof of filing of a fictitious business name statement;

(5) A detailed description of the nature of the business, including, but not limited to, a listing of all Federal, State, County and other required permits or licenses;

(6) The signature of the applicant acknowledging under penalty of perjury that the information provided on the application is true and correct to the best of that person's knowledge; and

(7) Such other and further information as the City Treasurer may deem necessary.

(91-91 § 5)

(a) For a business that was commenced prior to the effective date of the ordinance codified in this Chapter and continued in operation thereafter without interruption or transfer of ownership, a license application shall be filed on or before the 31st day of December, 1991.

(b) For a business that commences, recommences, establishes an additional branch location or is transferred after the effective date of the ordinance codified in this Chapter, a license application shall be filed prior to the commencement of the business.

(91-91 § 6)

A business license shall be valid for one year from the date of issuance. The license shall be renewed annually by the filing of a renewal application, accompanied by payment of the appropriate fee, not more than forty-five (45) days nor less than twenty (20) working days prior to the expiration of the current license.

(91-91 § 7)

Every business license shall be posted in a conspicuous place upon the premises where such business is conducted. The license shall be produced in response to a request from the City Treasurer or his designee(s), the Community Development Director, duly authorized law enforcement officers and code enforcement officers.

(91-91 § 8)

(a) The business license shall be prepared and issued upon approval by the City Treasurer or his designee. The license shall be deemed null and void if the license application contains false or misleading information.

(b) Each license shall state on its face the following:

(1) The name of the business or person to whom the license is issued;

(2) The location of the business;

(3) The date of the issuance of the license;

(4) The date of the expiration of the license;

(5) The license control number, unique to each license;

(6) The official seal of the City; and

(7) Such other and further information as the City Treasurer shall deem appropriate.

(91-91 § 9)

(a) The City Treasurer is directed to enforce the provisions of this Chapter. He or his designee(s) may examine all places of business in the City and their business records to confirm compliance with this Chapter.

(b) The City Treasurer or his designee performing the duties of the license collector shall have access to State and local summary criminal history information in order to fulfill his or her duties regarding licensing. Penal Code Section 432.7, Stats. 1974 and H1321 shall apply to such information.

(c) The City Treasurer or his designee shall keep a record of all licenses issued, the term, to whom issued, the location of the business and the amount of the fee paid.

(d) The City Treasurer and his designee(s), the Community Development Director, duly authorized law enforcement officers and code enforcement officers, shall have the authority to enter any business required to be licensed by this Chapter and request to see the license.

(91-91 § 10)

(a) No business license shall be transferred or assigned, except that when a business is transferred from one location to another location in the City, the current license may be amended by the City Treasurer or his designee to authorize the conduct of the business at the new location without payment of a transfer fee. Application for the transfer shall be filed on a form provided by the City for that purpose prior to the effective date of the transfer. The transfer application shall not be deemed filed unless the form has been filled out completely and accurately by the licensee or such person's duly authorized representative.

(b) The application shall be accompanied by a transfer fee in an amount established by resolution of the City Council.

(91-91 §11)

(a) The fact that a business license has been issued does not authorize or legalize any business or business activity which violates any Federal, State or local statute, ordinance, rule or regulation, nor shall the issuance of a business license be construed as permitting a business in a zone or land use district where such business otherwise is not permitted.

(b) In any trade or profession where a City, County, State or Federal license or permit is required, such valid license or permit shall first be exhibited to the City Treasurer or his designee before a City business license will be issued.

(c) A City business license shall not be issued until an applicant has obtained all necessary land use entitlements or building permits to operate the business in and at its location. In applying for a building permit or other entitlement for a business, the applicant shall provide the license control number.

(91-91 §12)

(a) The City Manager may refuse to grant a business license if a finding can be made that:

(1) The business and/or applicant is not authorized by local, State or Federal law, or by terms of parole or probation or by current court order to engage in the business as applied for; or

(2) The business license application is determined to be fraudulent in any manner.

(b) A business license may be suspended or revoked by the City Manager if any of the following findings can be made:

(1) The business and/or applicant is not authorized by local, State or Federal law, or by terms of parole or probation or by current court order to engage in the business as applied for;

(2) The business license was obtained by misrepresentation or fraud;

(3) The business is being operated in violation of an applicable local, State or Federal law; or

(4) The license holder is not authorized by local, State or Federal law to engage in the business activity.

(c) Action by the City Manager to deny, suspend or revoke a business license may be appealed to the City Council. Action of the City Council shall be final.

(d) Sale of Synthetic Drugs Prohibited. No person owning or operating a business in the City, and no business holding a business license may sell, offer for sale, trade, barter, give, devise or otherwise make or attempt to make available so called "synthetic drugs" as that term is defined under Section 11.36.020(n).

(e) Revocation of Business License for Synthetic Drug Sales. The penalty for selling, offering for sale, trading, bartering, giving, devising or otherwise making or attempt to make available synthetic drugs shall be as follows:

(1) First Violation. When a person or business is found to violate this section, that person or business shall be issued a formal, written warning from a County sheriff's deputy on behalf of the City to cease the prohibited activity.

(2) Second Violation. When a person or business is found to violate this section after being issued a formal, written warning for a previous violation, that person or relevant agent for the business shall be given a written notice of violation by a County sheriff deputy on behalf of the City directing that a management level representative must attend an education course of not less than one (1) hour, on the topic of (and taught by a person reasonably knowledgeable in) the identification and consequences of using synthetic drugs, along with information on how to register for such a course. Formal documentation of the completion of this course shall be provided to City within four (4) weeks of a second violation, and failure to provide such documentation shall result in referral of the matter by the County sheriff's deputy to the City's code enforcement officer for summary revocation of the relevant business license as set forth in the following Subsection (e)(3).

(3) Third Violation. When a person or business is found to violate this section for a third time, or if a person or business that has violated this section twice fails to timely complete the required education course pursuant to Subsection (2), that person or business shall be given written notice by the code enforcement officer that its business license for the premises in question is immediately and summarily revoked, and that continued operation of the business in question thereafter shall be deemed a violation of this Code. A copy of such notice shall be posted at a prominent location upon the property in question. An action to revoke a business license under this section may be appealed within ten (10) days of the date of the written notice of the summary revocation, pursuant to the procedure articulated in Section 5.01.120(c). Notwithstanding any provision of this Code to the contrary, and because the City Council has declared that a business operating in violation of this section poses an immediate threat to public health, safety and welfare, the filing of an appeal in connection with the immediate, summary revocation of a business license under this section shall not stay the effectiveness of the revocation during the pendency of an appeal.

(91-91 § 13; Ord. 185 § 1, 2004; Ord. No. 250, § 3, 2-26-2013)

No business license (either application or fee) shall be required of or for:

(a) Businesses which the City may not regulate, under State or Federal law (such as cafe musicians as defined in Business & Professions Code Section 16100.5) and persons engaged totally in interstate commerce, upon proof of such to the City Treasurer;

(b) Occasional garage sales, including, but not limited to, yard, lawn, attic, patio, moving or rummage sales held to sell, exchange, trade or dispose of surplus household or personal goods belonging to those conducting the garage sale on their residential premises, which sales may not be conducted during more than four (4) forty-eight (48) hour periods per year; or

(c) Occasional, seasonal or sporadic temporary bazaars, carnivals or other sales conducted by charitable or public service organizations for fund raising purposes where conducted with a temporary use permit pursuant to Chapter 11.04.

(91-91 § 14)

The following shall be required to file an application and obtain a license but no license fee shall be required:

(a) A disabled veteran honorably discharged from a branch of the U.S. military, resident in California who is the owner or operator of the business, upon proof of his or her status; or

(b) A charitable or public service organization which is the owner or operator of the business upon proof of such status.

(91-91 § 15)

The requirements of this Chapter shall be separate and apart from the requirements of Chapter 11.04. A solicitor, hawker or peddler shall be required to obtain a business license in addition to a solicitation permit where not exempted by either Chapter.

(91-91 § 16)

The City Council by resolution may determine and adopt a schedule of fees to cover the cost of business licensing and regulation.

(91-91 § 17)

Any person who violates any provision of, or fails to comply with any requirement of, this Chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.04 of the City.

(91-91 § 18)