§ 16-7

(a)

It shall be unlawful for any person to transact or operate any business in the City without first having procured and maintain a valid business license from the City so to do or without complying with any and all applicable provisions of this Chapter. Such unlawful business transactions or operations shall constitute a separate violation of this title and each day such business is transacted or operated without such compliance constitutes a separate violation of this Chapter.

(b)

The provisions of 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 the State of California.

(c)

The issuance of a license shall not infer that the applicant has satisfied any other city, local, state or federal requirements.

(d)

No license issued under the provisions of this Chapter shall be construed as permission to conduct or carry on a business at any place within the City where such business is prohibited by Title 16, any other ordinance of the City or State law.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.01.050: - Nuisance prohibited

No license issued under the provisions of this Chapter shall be construed as permission to conduct or carry on a business in such manner as to create or maintain a nuisance.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.01.060: - Effect on past actions and obligations previously accrued

The issuance of a business license shall have no effect on the past actions, obligations, violations, and/or prosecutions of any other ordinance or any other penal provisions by any other department in the City.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Any license issued in error or contrary to the provisions of this Title shall be void and of no effect.

Any error made by the Building Official in preparing a license, stating the kind of business, the location thereof, the amount of the charge therefor, or in determining the proper zone, shall not prejudice the collection by the City of the amount actually due under this Title or any other ordinance, or the enforcement of any regulations applicable thereto; nor shall the issuance of a license authorize the carrying on of business in any zone or location contrary to the provisions of the ordinances of the City.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.01.080: - Enforcement of chapter

It shall be the duty of the Code Enforcement Official or his/her designees to enforce the provisions of this Chapter against violators, and the chief of police shall render such assistance as may be required. All further references to the Code Enforcement Official in this Chapter shall mean and include the Code Enforcement Official and his/her designees, whether or not explicitly specified.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.01.090: - License required for each business activity

In the event that any person who owns and is conducting, managing or operating two or more distinct businesses as classified in the North American Industry Classification (NAICS) System , such person shall be deemed to be conducting each business activity separately, and a separate business license shall be required for each distinct business.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.01.100: - License required for each location

A separate business license must be obtained for each location of the business that the business is conducted, managed or operated at.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.01.110: - Home occupations

Home occupations, as defined by Title 16, shall pay a license fee as enumerated in this Chapter if approved as a home occupation by the planning commission.

(Ord. No. 2305, § 1, 12-17-13)

No person shall be licensed under this title as to any business, which holds a federal, state or county regulated license unless, at the time of initial issuance of a city business license under this title, such person holds an active and current federal, state or county license. Presentation of a valid unexpired federal, state or county license is required and shall be prima facie evidence that such person is so licensed.

Annual renewal of a city business license does not guarantee that a federal, state or county regulated licensed business as described above is active and current at the time of renewal. Maintenance of the federal, state or county license to ensure the license is active and current is the responsibility of the license holder, and verification of said federal, state or county license shall remain the responsibility of those that employ said business.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.01.130: - Information confidential—Disclosure

The information furnished or secured pursuant to this Chapter, except for the information displayed on the actual issued business license, which consists of: the name of the business, the physical and mailing address of the business, the issue and expiration date of the license, the Victorville Municipal Code business classification the business is licensed under, and a brief description of the business activities, shall be confidential.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.01.140: - Changes, updates, cancellations, and records

It shall be the responsibility of the licensee to notify the Business License Division of any business license changes, updates, modifications, and/or to cancel the city business license. It is also the responsibility of the licensee to notify any other agency of any changes, updates, modifications, and/or to cancel any permits, certificates, and/or licenses held in connection with the city business license. Unless written notification is received regarding a business license change, update, modification, or cancellation, the business license will remain active, and fees will continue to be incurred. The licensee shall be responsible for said business license fees incurred.

The Code Enforcement Official or his/her designee shall have the right to verify and audit any written statement or declaration through any federal, state or county records as may be necessary to verify or ascertain the status of the subject business. Upon verification of the submitted statement or declaration, identifying a subject business as vacated, non-active or no longer operational, the Code Enforcement Official or his/her designee shall close the City Business License. Upon verification of the submitted statement or declaration identifying the subject business as active, operational or not vacated, the Code Enforcement Official or his/her designee shall keep the City Business License open and active and continue to assess annual licensing fees upon the subject business. Unpaid licensing fees shall be a debt to City and shall be collected against the licensee.

. Upon verification of the submitted statement or declaration identifying the subject business as active, operational or not vacated, the Code Enforcement Official or his/her designee shall keep the City Business License open and active and continue to assess annual licensing fees upon the subject business. Unpaid licensing fees shall be a debt to City and shall be collected against the licensee.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.01.150: - Cannabis activity prohibited

Commercial cannabis activity is prohibited in all zones of the city, except as set forth in Chapter 13.150 of this Code.

(Ord. No. 2376, § 6, 11-7-17)

Editor's note— Ord. No. 2376, § 6, adopted November 7, 2017, amended § 16-7.01.150 in its entirety to read as herein set out. Former § 16-7.01.150, pertained to medical marijuana dispensaries prohibited, and derived from Ord. No. 2305, § 1, 12-17-13.

Sec. 16-7.01.160: - Violation of chapter

(a)

Criminal penalties. With the exception of Sidewalk Vendors as set forth in Article 12 of this Chapter, any person violating any of the provisions of this Chapter or knowingly or intentionally misrepresenting to any authorized officer of the City, any material fact in procuring the license or permit herein provided for, is guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalty provisions in Chapter 1.04 of the Victorville Municipal Code.

(b)

Administrative citations. In addition to any remedy provided at law or equity, and with the exception of Sidewalk Vendors as set forth in Article 12 of this Chapter, violations of any of the provisions of this Chapter may be subject to administrative citations and penalties in accordance with Chapter 1.05 of the Victorville Municipal Code.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24)

Article 2: - Denial, Revocation and Appeal

Before the Building Official or the Code Enforcement Official denies or grants any license subject to certain conditions, the Building Official or Code Enforcement Official shall notify the applicant or licensee in writing pursuant to Section 16-7.02.040, that he or she intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.02.020: - Grounds for denial—Activities which may involve free speech

The following shall constitute grounds to deny issuance of a business license to an applicant, licensee, or authorized agent for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade, or other First Amendment speech activity. See Section 16-7.02.040 regarding license review deadlines, denial of a new license, and notice and hearing requirements.

(a)

The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county, or city health, zoning, fire and safety regulation, code, or standard applicable to such business operation;

(b)

The applicant, licensee, or authorized agent has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Building Official ;

(c)

The applicant, licensee, or authorized agent has been convicted or entered a plea of nolo contendere within the preceding twenty-four (24) months in a court of competent jurisdiction of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;

(d)

The business establishment is presently a public nuisance, whether or not abatement proceedings have been instituted; or

(e)

The applicant, licensee, or authorized agent has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.02.030: - Grounds for denial—Activities not involving free speech

The following shall constitute grounds to deny issuance of a business license to an applicant, licensee, or authorized agent not involving free speech:

(a)

The business proposed to be conducted is prohibited by any local or other law, statute, rule, or regulation, or prohibited in the particular location by any local or other law, statute, rule, or regulation;

(b)

The business establishment is presently a public nuisance, whether or not abatement proceedings have been instituted;

(c)

The applicant, licensee, or authorized agent has committed or aided or abetted in the commission of any act or act of omission, or been convicted of a felony or any crime or entered a plea of nolo contendere within the preceding twenty-four (24) months, which, if committed by a licensee, would be a ground for revocation of license or disciplinary action under this Chapter;

(d)

The applicant, licensee, or authorized agent has had a license revoked by the City within the preceding twenty-four (24) months, on any ground which would affect or pertain to the operation of the business for which a new license is being sought. For purposes of this subsection only, the date of any prior revocation shall be calculated as of the date the applicant or other person exhausted all available administrative remedies with respect to the underlying revocation;

(e)

The applicant, licensee, or authorized agent has knowingly made any false, misleading, or fraudulent statement of a material fact within the preceding twenty-four (24) months in a previous application for a license, or in any report or record required to be filed with the Building Official, or made in the course of soliciting;

(f)

The applicant, licensee, or authorized agent has, within the preceding twenty-four (24) months, committed any unlawful, false, fraudulent, dangerous act, or violated a local ordinance relating to a previously licensed or unlicensed business, with the intent to substantially benefit him or herself or another, or substantially injure another;

(g)

The applicant, licensee, or authorized agent has outstanding violations and/or debt related to a criminal or civil action initiated by a City Enforcement Officer;

(h)

The applicant, licensee, or authorized agent has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months; or

(i)

The establishment or business will be detrimental to the public health, safety, or welfare.

Any grounds for denial included in this section shall also constitute grounds for suspension, nonrenewal, or revocation of a license as described in this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The Building Official or the Code Enforcement Official shall have the right to deny a new license on any grounds provided in this Chapter without the requirement of a prior hearing. Any applicant aggrieved by any action of the Building Official or the Code Enforcement Official in refusing to issue a new license, shall have the right of appeal as stated in Chapter 2, Article 2 of the Victorville Development Code.

It is unlawful for any person to carry on the business after the license has been denied, unless and until the appeal process is utilized, and the subsequent decision reverses the denial. The applicant shall, within ten (10) calendar days of the denial, file a written statement setting forth the specific grounds for appeal. If the applicant fails to make a timely appeal, except as otherwise provided in this subsection, the decision of the Building Official or the Code Enforcement Official shall be deemed final and conclusive. With respect to applications for licenses involving free speech activities, the following shall apply:

(a)

The Building Official or Code Enforcement Official shall issue or deny a license for activities which may involve free speech to the applicant within thirty (30) days of receipt of a complete application and the applicable fees. Notice of denial shall be sent by first class U.S. mail to the address provided on the license application, except as otherwise provided in subsection (a) of this section. Failure of the Building Official or Code Enforcement Official to approve or deny the license application within thirty (30) days shall result in the license being granted.

(b)

Upon denial of a new license for activities which may involve free speech, the applicant shall have the right to an appeal hearing as stated in Chapter 2, Article 2 of the Victorville Development code. Such request for a hearing shall be written and received by the City Clerk within fourteen (14) calendar days from the effective date of the service of notice of denial by the Building Official or Code Enforcement Official . In the event that the denial is affirmed by the City Council on review, the applicant may seek prompt judicial review of the validity of the denial of

the license, and the City shall make all reasonable efforts to expedite such review as provided in Section 1094.8 of the California Code of Civil Procedure, if sought by applicant.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

After a hearing as provided in Section 16-7.02.070 of this Chapter, unless such hearing is waived by licensee, the Building Official or Code Enforcement Official may suspend or revoke a license for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade, or other First Amendment speech activity if he/she finds that one or more of the following conditions exist or have occurred after the issuance of such license:

(a)

The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county, or city health, safety, zoning, fire regulation, code, or standard applicable to such business operation;

(b)

The licensee or authorized agent has been convicted or entered a plea of nolo contendere within the preceding twenty-four (24) months in a court of competent jurisdiction, of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;

(c)

The business is presently a public nuisance, whether or not abatement proceedings have been instituted;

(d)

The licensee or authorized agent has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the license, or in any report or record required to be filed with the Building Official, which relate to the operation of the licensee's business;

(e)

The licensee or authorized agent has violated any rule or regulation adopted by the City relating to the operation of the licensee's business; or

(f)

The licensee or authorized agent has failed or refused to notify the Building Official of any material change in facts described in the application required by Section 16-7.06.140, within fifteen (15) days after such change.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7-02.060: - Revocation and suspension of license—Activities which do not involve free speech

The Building Official or Code Enforcement Official may suspend or revoke a license, other than a license covered by Section 16-7.03.010 if he/she finds that any licensee or authorized agent has:

(a)

Knowingly made any false, misleading, or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the Building Official, or made in the course of soliciting;

(b)

Been convicted of, or entered a plea of nolo contendere for, a felony or any crime involving theft, embezzlement, or moral turpitude during the preceding twenty-four (24) months, or is currently on probation, parole, or subject to incarceration as a result of such conviction; if the licensee is not an individual, the above information shall apply to each officer, director, manager, or member of the licensee, or any other person exercising control or management of the business;

(c)

Within the preceding twenty-four (24) months, committed any unlawful, false, fraudulent, or dangerous act relating to a previously licensed business, with the intent to substantially benefit him/herself or another, or substantially injure another;

(d)

Committed any act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, including, but not limited to, failure to pay local taxes, fees, or assessments imposed by the City, or any district created by the City;

(e)

Violated any condition or restriction of the license;

(f)

Conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public; or

(g)

Failed or refused to notify the Building Official of any material change in facts stated in the application required by Section 16-7.03.010, within fifteen (15) days after such change; or

(h)

Where the business involves soliciting or peddling on behalf of an organization, has failed to, with the knowledge or consent of the organization, to wear, or have in his or her possession, the City issued identification card as described in Section 16-7.06.110(b); or

(i)

With respect to multi and single family residential rental property:

(1)

Within the preceding twenty-four (24) months, the police department has responded, investigated, and documented public disturbances and other nuisances at the rental location regarding matters except for domestic dispute matters.

(2)

The property sustained nuisance enforcement action and a lien has been recorded with the County Recorder's office due to lack of property maintenance or other violations specified Chapter 6 of the Development Code.

(j)

With respect to a nonprofit:

(1)

Failed to obtain and maintain Internal Revenue Service and state nonprofit status pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3) or any subsequently enacted related legislation or regulations;

(2)

Failed to use - the proceeds collected for religious or charitable purposes, less expenses or cost of administration as permitted by federal or state law.

(k)

Has outstanding violations and/ or debt related to a criminal or civil action initiated by a City Enforcement Officer; or

(l)

Has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.02.070: - Notice and hearing requirements—Modifications, suspensions, revocations

When the Building Official or Code Enforcement Official concludes that grounds for modification, suspension, revocation, or refusal to renew a license exist, the following notice and hearing procedures shall be followed:

(a)

Serve the applicant or licensee with notice of the action upon the licensee either personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the Building Official with written notice of a change in address, in which case the notice shall be sent to such address.

(1)

The Notice of Action should include all of the following information:

(A)

The name of the subject license holder;

(B)

The street address or definite location where the violation(s) occurred;

(C)

The code section(s) violated;

(D)

A description of the conditions or actions which warrant suspension, modification, or revocation of the subject license;

(E)

The action proposed (i.e., suspension, modification, or revocation of the subject license);

(F)

A description of any prior action taken by the City to gain compliance with the code with regards to the subject violation(s);

(G)

Provide a description of the procedures involved in taking the proposed action, including the license holder's right to attend the hearing on the proposed action;

(H)

Provide a statement stating that within fourteen (14) calendar days, the licensee must submit a written response and request a Determination Hearing to the City Clerk regarding this action. Failure to submit a written response, shall cause the proposed action of the Building Official or Code Enforcement Official to be deemed final, and no right to appeal as provided in Chapter 2, Article 2 of the Victorville Development Code shall exist.

(b)

Provide a determination hearing conducted on any Notice of Action issued by the Building Official or Code Enforcement Official pursuant to this Chapter. The Determination Hearing shall be conducted within thirty (30) days upon receipt of a written request for a Determination Hearing submitted by the licensee to the City Clerk.

(c)

Establish a date, time, and place for the Determination Hearing. Once determined, the Building Official or Code Enforcement Official shall prepare a Notice of Determination Hearing ("Hearing Notice"), which shall be served personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the Building Official with written notice of a change in address, in which case the notice shall be sent to such address and sent in substantially the same form as follows:

"You are hereby notified that a hearing will be held before the Building Official or the Code Enforcement Official, or his/her designee regarding your Notice of Action on the _______ day of _______, _______ at the hour of _______ upon the Notice of Action served upon you. You may be present at the hearing. You may present any relevant evidence at the hearing."

(d)

If the license holder fails to attend the scheduled Determination Hearing, the hearing will proceed without the license holder and he/she will be deemed to have waived his/her rights to be heard at the Determination Hearing, and no right to appeal to the Planning Commission and to the City Council shall exist.

(e)

Following the Determination Hearing, the Building Official or Code Enforcement Official may decide to uphold the Notice of Action, establish a modified schedule for compliance (if applicable), overturn some or all of the findings stated in the Notice of Action, and/or rescind the Notice of Action in part or in its entirety.

(f)

Within a reasonable time after the hearing, the Building Official or the Code Enforcement Official, or his/her designee, shall render a final decision regarding suspension, revocation, or refusal to renew.

(g)

It shall be unlawful for any person to carry on the business after a license has been suspended or revoked.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.02.080: - Appeals to modification, suspension and revocation decisions

Any licensee aggrieved by any final decision rendered by the Building Official or the Code Enforcement Official, at or after the above mentioned hearing, shall have the right of appeal as stated in Chapter 2, Article 2 of the Victorville Development Code.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Article 3: - Application

Incomplete applications will not be accepted for a license under this Chapter.

The application must state in detail the following information: business name (doing business as DBA); owner's name (or corporation name); physical business address; business's mailing address; phone/fax number, and email address for the business; principal owners, officers and/or partners and their contact information; ownership type; business type; start date and/or temporary date range; indicate if it is an in-city commercial business, home based business, or rental business; state license, federal ID, state ID, seller's permit and/or social security number, as well as expiration date of any other license and/or permit (if applicable). In cases where such business is not to be conducted or carried on at a permanent place of business in the City, then such application shall state the out-ofCity business address of such business.

The application must describe in detail the nature or kind of business for which the license is being requested .

All application questions must be answered and the application must be signed by the applicant. If the applicant is a corporation or a limited liability company (LLC), the name shall be exactly as set forth in its articles of incorporation or articles of organization, and the names and addresses of all directors and an officer who is duly authorized to accept the service of legal process must be included. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this Chapter as to a corporate applicant apply. If the applicant is a trust, the provisions of this Chapter as to a partnership applicant apply. If the applicant is a sole proprietor, the sole business owner must sign the application.

A signed application must be submitted determine the correct business classification to establish fees. Such statements or facts within the application shall be subject to verification by the Building Official.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Based on business type, additional requirements/documents may be required and requested to process the application. These additional requirements/documents shall include but are not limited to: certificate of occupancy application, residential business use form, fire operation permit form, articles of incorporation, fictitious business statement, copy of federal, state, or county license or certificate, seller's permit, health permit, proof of insurance, temporary/conditional use permit (all land uses/businesses as listed in Table 7-1 of Title 16 of the Victorville Municipal Code), etc.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.03.030: - Application—Review by applicable departments

Where an application is made for a license to do business in the City, the Building Official may require approval of such application from the various departments showing that the premises and operations therein conform to the provisions of this code and other regulatory ordinances of the City or state.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.03.040: - Application—Investigation

(a)

The Building Official may investigate the facts and circumstances supporting an application to ensure that all information presented is a true representation of the status of the applicant and no indication of necessity to deny such application or grant with conditions exists.

(b)

The Building Official may examine under oath any applicant or licensee to determine the true identity of the applicant or licensee for the business, occupation, or exhibition for which a license is sought. If the Building Official finds that the application is not in the interest of the person in whose name the application is made, he or she may deny or subsequently revoke the license. If the Building Official finds that the application is sought by or related to a person whose license has been revoked, or who has been refused a license, he/she may treat the application as though made by such applicant or licensee.

(c)

If any public official finds facts on which any license granted pursuant to this title should not be granted or renewed, or, if renewed, should be subject to conditions not included in the existing license, or if any action for the revocation or modification of such license has been filed or is pending, each such public official shall so notify the Building Official, in writing within ten days of receipt of notice of the submission of the application or intent to renew, giving the name of the licensee, number of the license, and the reason for denial or addition of conditions.

(d)

The Building Official, or his/her designee shall, after consideration of the application and any relevant investigations, impose any and all conditions necessary to protect the health, safety and welfare of the public from any detrimental activities of the business.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Article 4: - License

Sec. 16-7.04.010: - Issuance—Contents of license

Once the Building Official issues a new license or renews an existing license, such license shall contain the following information:

(a)

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

(b)

The business name;

(c)

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

(d)

The mailing address, if different than the business address;

(e)

The date of the expiration of such license;

(f)

The license issued by the Building Official for the purpose of posting in places of business shall contain no reference to the amount of license fee paid; and

(g)

Such other information as may be necessary for the enforcement of the provisions of this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.04.020: - Posting and keeping license

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

(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/her person at all times while transacting and carrying on such business;

(c)

Any licensee to whom a license has been issued for operation of a vehicle shall be issued by the Building Official, in addition to the license certificate, a paper or license decal and such certificate shall at all times during the effective dates thereof be affixed to the windshield in the case of a sticker or on the rear of the vehicle in a conspicuous place.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

All licenses, unless otherwise expressly stated herein, shall be construed to be annual licenses and shall be due and payable on or before the expiration date of the business license.

(a)

Duration. The operative date for a business license is as follows:

(1)

Business licenses are valid for a 1-year period and will expire one (1) year after the issue date of the license.

(2)

No license shall be issued for any period of time other than that provided for in this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.04.040: - Nontransferable

No license issued pursuant to this Chapter shall be transferable.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.04.050: - Right to impose or change conditions

With respect to any previously issued license, if at any time it appears to the Code Enforcement Official or his/her designee, determines that there are grounds for revocation of a license, or that the occupation or activity licensed is being conducted so as to be detrimental to public health, safety or public welfare, but that such grounds or such conduct could be eliminated by the imposition of conditions, or of additional conditions, or by the amendment of any existing conditions to such license, he or she shall notify the licensee of the proposed action to impose such conditions in accordance with the procedure provided in Section 16-7.02.070 of the Victorville Development Code.

(Ord. No. 2305, § 1, 12-17-13)

Article 5: - Fees

Sec. 16-7.05.010: - Fees—Generally

All business license fees specified in this Chapter are regulatory fees, which are due and payable at the time of application and prior to the processing of the application , and each person required to have a license shall be liable for payment of the fee for the full term; no greater or lesser amount shall be charged or received than is provided in this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

(a)

The amount of business license fee to be paid to the City by any person seeking any business license listed in Article 6 of this Chapter shall be as set forth in the master fee schedule adopted by City Council resolution.

(b)

For each business license application, there shall be imposed a business license fee which is due and payable to the City at the time the business license application is submitted, prior to the processing of the application.

(c)

Fees. The fee rate for a business license is as follows:

(1)

All business license fees shall be based on an annual (twelve-month) rate.

(2)

The business license fee shall be non-refundable once the processing of the application has commenced, regardless of whether the license is ultimately issued, denied, or withdrawn.

(3)

The business license fee shall not be transferable.

(Ord. No. 2459, § 6, 11-18-25)

Editor's note— Ord. No. 2459, § 6, adopted Nov. 18, 2025, repealed the former Art. 5., § 16-7.05.020, and enacted a new § 16-7.05.020 as set out herein. The former § 16-7.05.020 pertained to application—fee and derived from Ord. No. 2305, § 1, 12-17-13.

Sec. 16-7.05.030: - Reserved.

Editor's note— Ord. No. 2459, § 6, adopted Nov. 18, 2025, repealed § 16-7.05.030, which pertained to business license—fee and derived from Ord. No. 2305, § 1, 12-17-13.

Sec. 16-7.05.040: - Duplicate/Update license—Fee

(a)

A duplicate license fee may be imposed by the Building Official to replace any license previously issued hereunder which has been lost or destroyed.

(b)

Provided that no new license or license modification is required, an updated license fee may be imposed by the Building Official upon the licensee submitting a Business License Update Record Form.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Editor's note— Ord. No. 2459, § 6, adopted Nov. 18, 2025, repealed § 16-7.05.050, which pertained to fixed license fee rates and derived from Ord. No. 2305, § 1, 12-17-13.

Sec. 16-7.05.060: - Businesses not listed—Fee

Any person carrying on a business in the City that is not specifically listed in Article 6 of this Chapter shall pay the license fee applicable to the category most closely matching the nature of the business, as determined by the, Building Official.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.05.070: - Other revenue actions, provisions and obligations

Any person required to pay a license fee for transacting and carrying on any business under this Chapter shall not be relieved from the payment of any other license fee, permit, certificate, entitlement or land use approval when the provisions of some other ordinance requires any other license fee, permit, certificate, entitlement or land use approval to be obtained as a prerequisite for the privilege of doing such business which has been required under any other ordinance of the City, and shall remain subject to the regulatory provisions of such other ordinance.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.05.080: - Failure to pay fee—Penalties

Failure to pay an annual license fee within thirty (30) days of the expiration date, shall result in a penalty of fifty percent (50%) of the amount thereof; and if such license fee is not paid within sixty (60) days from the date it becomes due and payable, an additional sum of fifty (50%) percent of the amount due shall be added to the license fee due . The delinquent penalty shall not exceed one hundred percent of the annual business license fee.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Article 6: - Business Classifications

Sec. 16-7.06.010: - Business classifications—Generally

The Building Official shall reference the listed categories below and the North American Industry Classification System (NAICS) to place the proposed business in the nearest corresponding business classification. These categories are not all-inclusive and shall serve to establish the primary nature of the business.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.06.020: - Retail, wholesale, miscellaneous

Selling at retail or wholesale, any goods, wares, merchandise and/or commodities (tangible property); such as grocery, department and home improvement stores, restaurants, gasoline stations, etc.

(a)

Establishments selling/serving food/beverages (i.e. restaurants, fast-food, etc.).

(b)

Establishments that sell tangible property.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.06.030: - Service, miscellaneous

Businesses of a service nature, such as gardeners, handyman, housekeeping, janitorial, maintenance, etc. "Service" does not include the professional services described in Section 16-7.06.050.

(Ord. No. 2305, § 1, 12-17-13)

Businesses located within the City in commercial, industrial or residential zones that consist of administrative operations I functions or administrative offices.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.06.050: - Manufacturing, warehousing

Manufacturer, processor, fabricator, warehouse, etc. or a business where the location is within the City is an administrative office only.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.06.060: - Professional, semi-professional

(a)

A profession licensed by the county and/or state, and/or requiring a period of specialized training resulting in a license/degree for that profession. This includes, Appraisers, Architects, Attorneys, Certified Public Accountants, Dentists, Engineers, Physicians, etc.

(b)

Semi-Professional requires a period of specialized training resulting in certification for that vocation. This includes: medical transcriptionist, dental hygienist, notary, veterinary technician, teacher, etc.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.06.070: - Contractors

Contractors that provide construction work required to be performed by a state-licensed contractor.

(a)

A/B State Classified

(b)

C/D State Classified

(Ord. No. 2305, § 1, 12-17-13)

Owning and renting residential property where money is received (i.e. rent, utility payments, etc.),including the following:

(a)

Single-Family Rental Property (i.e., whole house rental to one family, single room rental to 2 people, short term rental, special housing - group home, supportive/transitional housing, etc.).

(b)

Multi-Family Rental Property (i.e., duplexes, triplexes, fourplexes, apartments, mobile home parks, special housing - group home, supportive/transitional housing, etc.).

(c)

Hotel/Motel Rental Property (i.e., hotels/motels that allow for extended stay rental).

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.06.090: - Entertainment, amusement, recreation

Businesses consisting of an entertainment nature such as arcades, billiard/pool rooms, bowling lanes, carnivals, disc jockeys, magicians, nightclubs, skating rinks, etc.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.06.100: - Film I Photography—Temporary I Transient

The taking of still or motion pictures where such pictures are intended to be shown in theaters, exhibits, etc.; photographing, soliciting or taking orders for photographs, photographic work; etc.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.06.110: - Vehicles for hire, service and sales

(a)

Vehicles for hire transport passengers who direct the route to be traveled over the streets, and do not operate over a fixed route, for compensation, including vehicles commonly known as taxicabs, limousines, shuttle services or sightseeing buses. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and Article 7 of this Chapter.

(b)

Vehicles for service are non-emergency medical transportation businesses whose vehicles are privately or publicly owned and specifically designed, constructed, modified, equipped, arranged, maintained and operated for the sole purpose of transporting those persons with special medical needs who require pre-arranged transportation for purposes prescribed by a health care provider. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and Article 8 of this Chapter.

(c)

Vehicles for sales are Mobile Vehicle Vendors such as Ice Cream Trucks or food trucks whose primary operation is selling retail items or soliciting orders of any goods, wares, or merchandise of any kind or nature. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and (c), Section 16-3.07.050, and Article 13 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.06.115: - Sidewalk and mobile vehicle vendors

(a)

Sidewalk Vendors must obtain a business license and comply with the provisions of Section 16-7.04.020(b) and Article 12 of this Chapter.

(b)

Mobile Vehicle Vendors must obtain a business license and comply with the provisions of Sections 16-7.04.020(b) and (c) and Article 13 of this Chapter.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.06.120: - Solicitors

(a)

Persons meeting the definition of a Solicitor (as set forth in Section 16-1.03.010 of this Title) are businesses that are required to comply with the provisions of Section 16-7.04.020(b) and Article 9 of this Chapter. The foregoing definition of a Solicitor shall be exclusive and controlling, and the fact that a Solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising, or by person-to-person conversation, shall not affect his/her status as a Solicitor.

(b)

"Solicitor" shall not include a person engaging in any of the following activities so long as the person is not requesting money, credit, funds, contributions, personal property or anything of value:

(1)

Communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious, or charitable nature;

(2)

Seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;

(3)

A person 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)

A person conducting a poll, survey, or petition drive in regard to any political matter; or

(5)

A person carrying, conveying, delivering or transporting newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same.

(c)

Persons engaging in the activities described in Section 16-7.06.120(b)(1)—(4) shall comply with the provisions of Section 16-7.09.020.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.06.130: - Firearms, pawnshops, junk dealers, secondhand stores, etc.

Retail sellers of firearms and junk dealers, secondhand dealers, automobile and truck wrecking or dismantling businesses, pawnbrokers (or similar businesses where money is loaned on personal property for compensation) are businesses that shall be required to comply with the provisions of Article 10 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.06.140: - Massage

Any business using state licensed message technicians that administers to another person a massage, bath or health treatment involving massage or baths as the major function. These businesses shall be required to comply with the provisions of Article 11 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.06.150: - Exempt business

(a)

Nothing in this Chapter shall be deemed or construed to impose a fee or tax on any person transacting and carrying on any business exempt therefrom by virtue of the Constitution or applicable statutes of the United States or of the State of California. Any person claiming exemption pursuant to this Section shall provide proof of exemption status by way of a Determination Letter through the IRS with the Business License Division for charitable organizations/institutions. The Building Official shall, upon a proper showing contained in the provided document, issue a license to such person claiming exemption under this section without payment to the City of the business license fee required by this Chapter:

(1)

Any institution or organization which is conducted, managed, or carried on wholly for the benefit charitable purposes and from which profit is not derived, either directly or indirectly, by an individual; provided, that the applicant shall furnish proof to the Building Official that such is the case;

(2)

Any enterprise or entertainment when the receipts derived therefrom are to be apportioned to any church or school or to any religious, benevolent or charitable purpose;

(3)

Any person not having a fixed place of business within the City who is called upon to come to the City to render services to a department of the City; provided, that the applicant shall furnish proof to the Building Official that such is the case; and that the proof can be verified by the requesting department;

(4)

Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this state, may distribute circulars, and hawk, peddle, and vend any goods, wares, or merchandise owned by him, except alcoholic beverages and/or liquor, or provide services, without payment of any license fee whatsoever, provided that proof of such service, and proof that the veteran is the sole proprietor of the business, is furnished to the Building Official.

(b)

The Building Official, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.

(c)

Nothing in this Section 16-7.06.150 or any subsection hereof shall exempt any applicant from complying with any additional local, state, and federal regulatory requirements, approvals, provisions, and/or fees except for the payment of the business license fee.

(d)

Bingo. Nothing in this Chapter shall prohibit the holding of any bingo game, provided that the game is operated in compliance with the requirements of the Victorville Municipal Code, Chapter 13.15. Upon ascertaining compliance with Chapter 13.15, the City shall issue a business license to the organization.

(e)

Interstate commerce. None of the license fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee to place an undue burden upon such commerce, the licensee may apply to the City Manager or his/her designee for an adjustment of the fee upon completion of conducting business in the City or within six months thereafter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

Article 7: - Specially Regulated Business—Vehicles for Hire, Service and Sales

Sec. 16-7.07.010: - Short title

This Article shall be known as "vehicles for hire."

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.07.020: - Public transportation vehicles exempt

The requirements of this Article shall not apply to any public transportation vehicle.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.07.030: - Purpose of chapter

The full and sole purpose of this Article is regulation for the public good and under no circumstances whatsoever shall any certificate of public convenience and necessity or license provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate or license.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.07.040: - Certificate of public convenience and necessity

(a)

It is unlawful for any person to engage in the business of operating or. causing to be operated any vehicle for hire in the City without first having obtained from the City council a certificate of public convenience and necessity.

(b)

All persons applying for such certificate shall file with the City Council a certified application containing the following information:

(1)

Name and address of person(s) making application;

(2)

Name of business and type of business;

(3)

Number of vehicles proposed to be operated under the certificate;

(4)

The make, type, year of manufacture and passenger capacity for each vehicle proposed to be operated for which a certificate will be requested;

(5)

The description of the proposed color scheme, insignia or other distinguishable characteristics of the vehicle(s) to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon;

(6)

Any further facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;

(7)

Proposed rates to be charged.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.07.050: - Notice of hearing before the City Council

Within ten days, but not more than thirty days, after receipt of an application for a certificate of public convenience and necessity, the City Clerk shall set a time and date for the hearing of the application before the City Council. At least ten days prior to the hearing, the City Clerk shall give notice to the applicant, by mail, of the time and date of such hearing. Notice shall be published, at least once, in a newspaper of general circulation in the City, at least ten days prior to the hearing.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.07.060: - Granting or denial of application for certificate of public convenience and necessity

No certificate of public convenience and necessity shall be granted until the City Council shall, following a public hearing, declare by resolution that the public convenience and necessity justify the proposed service and that the following conditions exist:

(a)

That the applicant is financially responsible, and that the applicant is of good moral character, or that the officers of said applicant are of good moral character;

(b)

That the applicant has complied with the provisions of all city, state and federal laws and regulations applicable to the proposed application and that applicant will comply with all requirements of this Chapter, as well as all of the conditions of approval as et forth in the resolution granting the certificate of public convenience and necessity.

If the City Council concludes from its hearing that the public convenience and necessity justify the proposed service, the City Clerk shall notify the applicant of those findings.

If the City Council concludes from its hearing that the public convenience and necessity do not justify the proposed service, the City Clerk shall forthwith notify the applicant of the finding and thereafter such applicant shall not be permitted to reapply for a certificate of public convenience and necessity for one year after the finding.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.07.070: - Business license

No person shall be entitled to receive a business license to operate a vehicle for hire without first having received a certificate of public convenience and necessity as set forth in this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.07.080: - Driver's qualifications

It is unlawful for any person to operate or drive a vehicle for hire in the City without having first obtained approval to do so from the Business License Division or the Police Department. The Business License Division or the Police Department may refuse to approve a driver for any of the following reasons:

(a)

If the applicant is under twenty-one years of age;

(b)

If the applicant has not resided in the county for thirty days prior to filing the application;

(c)

If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles;

(d)

If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e)

If the applicant violated any of the provisions of this Chapter;

(f)

If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the Business License Division or the Police Department; or

(g)

If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations, before employment or upon license renewal, or at such other times as the City shall designate. All costs for testing shall be borne by the applicant or the employer.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The police department may, after an investigation, issue a temporary driver's permit, which shall be effective for no more than thirty days. The police department may issue no more than two consecutive temporary driver's permits or more than two non-consecutive temporary driver's permits in any two-year period. Any person operating a vehicle for hire business in compliance with a temporary driver's permit shall be deemed to have complied with Section 16-7.07.070 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

The police department may revoke a temporary driver's permit at any time and for any lawful reason. Any person aggrieved by the police department's revocation of a temporary driver's permit may appeal to the City Manager or his/her designee, by submitting a request, in writing, to the City Manager's office within ten days of the decision of the police department. The City Manager or his/her designee may overturn the decision of the police department if that decision was arbitrary or an abuse of discretion.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-7.07.110: - Operating regulations

Any driver of a vehicle for hire shall take the most direct route that will take passengers to their destination safely and expeditiously, unless otherwise directed by such passengers.

If requested, every driver shall give a receipt upon payment of the correct fare.

It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare affixed therein for the use of any vehicle covered by this Chapter, and the driver may demand the fare in advance.

It shall be grounds for the revocation of a driver's approval pursuant to this Chapter for any driver to charge a passenger a fare greater than that to which he is entitled under the provisions of this Chapter. It is unlawful for the owner or driver of any vehicle operated under this Chapter to conduct business from any place other than the established place of business set forth on the business license.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.07.120: - Rates

Each owner and driver operating in the City shall have a rate schedule based on a mileage and/or time basis which shall be filed with the City Council and the rates set forth in said schedule shall not become effective unless and until said rates are approved by the City Council. Each owner and driver operating in the City shall charge according to the schedule of rates filed within and approved by the City Council. All rates being charged shall be posted with the City Clerk, the police department and on each vehicle in such a manner as approved by the City Manager, or his/her designee, before the rates become effective.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-7.07.130: - Identification of vehicles

The color scheme, name, trade name, monogram or insignia of all vehicles licensed by this Chapter shall first be approved by the City Manager or his/her designee, and no owner shall use any color scheme, name, trade name, monogram or insignia which was previously approved and is in use by any other owner.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-7.07.140: - Annual vehicle inspection

Each vehicle for hire operated within the City must pass an annual safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a vehicle for hire within the City, until such time that the Business License Division or the Police Department determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass the annual safety inspection.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.07.150: - Insurance

No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the City Council shall deem proper, executed by an insurance company approved by said council and authorized to do business in the State of California, which policy shall insure the public against any loss or damage that may result from the operation of said vehicles and also naming the City as an additional insured of such vehicles; and provided

further that said policy of insurance shall provide for maximum recovery of not less than one million five hundred thousand dollars combined single limit bodily injury and property damage, or such other statutory limit as provided for by the Public Utilities Commission.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.07.160: - Modification, suspension or revocation of certificate of public convenience and necessity

A certificate of public convenience and necessity issued under the provisions of this Chapter may be modified, suspended or revoked by the City Council if the holder thereof has:

(a)

Violated any of the provisions of this Chapter;

(b)

Violated any ordinance of the City, or of the state or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation;

(c)

Failed to comply with any of the conditions of approval as set forth in the resolution granting the certificate of public convenience and necessity;

(d)

Failed to maintain a current business license for the operation.

Before modification, suspension or revocation, the holder of the certificate of public convenience and necessity shall be given reasonable notice of the proposed action to be taken and shall have an opportunity to be heard by the City Council.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.07.170: - Sale or transfer of business—Certificate non-transferable

If an owner to whom a certificate of public convenience and necessity has been issued pursuant to this Chapter desires to sell or transfer the business, the intended buyer must make application to the City for a certificate of public convenience and necessity as required by this Chapter.

If the buyer applicant meets the requirements as set forth in this Chapter for the issuance of a certificate of public convenience and necessity, the City shall issue a new certificate to the buyer and concurrently therewith shall cancel the seller's certificate.

Upon change in ownership, the prior business license issued to the seller shall be closed and the buyer shall submit an application for a new City business license.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.07.180: - Violation—Penalty

In addition to the provisions of this Chapter providing for modification, suspension, or revocation of a , license, as the case may be, any person violating any of the provisions of this Chapter is guilty of a misdemeanor and is

punishable as provided in Section 1.04. and 1.05 of this code. Any license holder found to be in violation of any of the provisions setting forth the conditions of the approval contained in the resolution granting the certificate of public convenience and necessity shall be subject to any other penalties and fines not otherwise provided for in this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Article 8: - Specially Regulated Business—Non-Emergency Medical Transportation

Sec. 16-7.08.010: - Short title

This Article shall be known as "non-emergency medical transportation vehicles."

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.08.020: - Purpose of article

The full and sole purpose of this Chapter is regulation for he public good, and under no circumstances whatsoever shall any franchise provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.08.030: - Operation without franchise unlawful

It is unlawful for any person, either as an owner, agent or otherwise, to operate, conduct, advertise or otherwise engage in the business or service of the transportation of non-emergency medical patients upon the streets or any public way or place in the City, except in conformance with a valid franchise to do so issued by the City.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.040: - Application for franchise

An applicant for a franchise shall submit an application to the City Manager, on a form to be furnished by the City Clerk, which shall provide, at a minimum, the following information:

(a)

Name of applicant;

(b)

Type of business (corporation, partnership, etc.);

(c)

Business address of the applicant;

(d)

Home address of the applicant (if applicable);

(e)

Trade or firm name;

(f)

If a corporation, joint venture or partnership, the names of corporate officers, or the names of all partners, both general and limited, their permanent address(es) and their percentage of ownership in the business;

(g)

A statement of facts showing the experience of the applicant in the operation of non-emergency medical transportation services and that the applicant is qualified to render efficient service;

(h)

The level of service which the applicant proposes to provide;

(i)

A statement that the applicant owns, or has under his or her control, all equipment required to adequately operate the non-emergency medical transportation services for which he or she has applied, which meets the requirements established by the California Vehicle Code, and that the applicant owns, or has access to, suitable and safe facilities for maintaining the service in a clean, sanitary and mechanically sound condition;

(j)

A complete description of each vehicle proposed to be operated by the applicant, including the capacity thereof, and a copy of the most recent inspection report issued by the City;

(k)

A statement that each permitted vehicle and its equipment conform to all applicable provisions of this Chapter, the California Vehicle Code, and any other state or federal laws and directives;

(l)

A statement that the applicant employs sufficient personnel, adequately licensed, and available to deliver nonemergency medical transportation services of good quality, at all times, as set forth in this Chapter; and

(m)

A statement signed by the applicant agreeing to appear and defend all actions against the City arising out of the applicant's exercise of the franchise, and that the applicant shall indemnify, defend and hold the City, its officers, employees and agents harmless of and from all claims, demands, actions or causes of actions of every kind and description directly or indirectly, arising out of, or in any way connected with the exercise of applicant's franchise.

(Ord. No. 2305, § 1, 12-17-13)

Prior to submitting any application for a franchise to the City Manager, the franchise applicant shall obtain a business license to operate a non-emergency medical transportation business in the City, and meet all the

requirements of the Business License Division or the Police Department, as described in Section 16-7.08.160 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Within ten days, but not more than thirty days, after receipt of an application for a franchise to operate a nonemergency medical transportation business, the City Clerk shall set a time and date for the hearing of the application before the City Council. At least ten days prior to the hearing, the City Clerk shall give notice to the applicant, by mail, of the time and date of such hearing. Notice shall be published in a newspaper of general circulation in the City, at least once and at least ten days prior to the hearing.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.070: - Investigation by City Manager or designee

Upon receipt of a new application for a franchise, the City Manager, or his or her designee, shall determine if such application is complete. If the City Manager, or his or her designee, determines the application is complete, the City Manager, or his or her designee, shall conduct an investigation to determine if the public health, safety, welfare, convenience and necessity require the granting of a franchise, and shall further determine if the applicant meets all requirements of this Chapter. Upon completion of the investigation, the City Manager, or his or her designee, shall recommend to the City Council that a franchise be granted or denied. No franchise shall be issued by the City until the City Council has determined, by resolution, that the public health, safety, welfare, convenience and necessity require the .granting of such franchise.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.080: - Issuance—Franchise for non-emergency medical transportation

Franchises may be granted under this Chapter only after a hearing before the City Council and by the adoption of a resolution of the City Council granting the franchise. Upon a finding that the public health, safety, welfare, convenience and necessity require the availability of non- emergency medical transportation services within the City and that the applicant meets all requirements of this Chapter, the City Council may order the issuance of one or more franchises to provide non-emergency medical transportation services within the City.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.090: - Denial of franchise

When the City Council makes any of the following determinations, it may deny a franchise for non-emergency medical transportation services within the City:

(a)

After due investigation by the City Manager, or his or her designee, there does not exist a sufficient potential need for non-emergency medical transportation services to justify an additional, separate, and distinct franchise for such services within the City;

(b)

The operation of an additional franchise within the City is not feasible;

(c)

The application for a franchise is not in the public interest and welfare; or

(d)

The application for a franchise is incomplete or suffers from any procedural defect, or the applicant fails to comply with any of the applicable requirements of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.100: - Content of franchise

In addition to any other requirements contained in this Chapter, any franchise granted under this Chapter shall specify the number of vehicles to be used by the franchisee, the level of service to be provided, and any special conditions regarding communication, equipment, personnel, rates for special services, or waiver of requirements deemed appropriate by the City Manager, or his or her designee. The franchise shall operate consistent with the findings contained in the resolution adopted by the City Council.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.110: - Written acceptance of franchise

Within ten days of the granting of a franchise, the franchisee must file a written acceptance of the franchise with the City Clerk, agreeing to comply with the terms and conditions of the franchise and of this Chapter. If such written acceptance is not filed, the grant of the franchise shall be revoked upon the expiration of tenth day.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.120: - Posting of bond

The City Council, at its discretion, may require the applicant, as a condition of the issuance of the franchise, to post with the City Manager, or his or her designee, a cash bond in the sum of two thousand five hundred dollars or a surety bond payable to the City in the same amount furnished by a corporation authorized to do business in the state of California, payable to the City. Such bond shall be conditioned upon the full and faithful performance by the franchisee of his or her obligation under the applicable provisions of this Chapter, and shall be kept in full force and effect by the franchisee throughout the life of the franchise. The City Council, upon recommendation of the City Manager, or his or her designee, from time to time may, by resolution, establish such additional or lower bond requirement for individual franchise holders, as may be deemed necessary in the event it is determined that the foregoing bond requirements constitute insufficient or more than sufficient protection to the City, as the case may be.

(Ord. No. 2305, § 1, 12-17-13)

The franchisee shall obtain and keep in force during the term of the franchise public liability and bodily injury insurance issued by a company authorized to do business in the state of California, insuring the owner of the vehicle and also naming the City as an additional insured of such vehicle against loss by reason of injury or damage that may result to persons or property from negligent operation or defective maintenance of such vehicle, or from violation of this Chapter, or any other law of the state or of the United States. The policy shall be in the sum of not less than two million dollars for personal injury to, or death of, any one person in any single accident; and the limits

of each such vehicle shall not be less than five hundred thousand dollars for damages to, or destruction of, property in any one accident.

Workers' compensation insurance shall be carried in the statutory limits covering all employees of the franchisee. Before the City Council may issue a franchise, copies of the policies or certificates evidencing such policies shall be filed with the City Clerk. All policies shall contain a provision requiring a thirty-day notice to be given to the City prior to cancellation, modification or reduction in limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment at the City's option.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.140: - Vehicle inspections

Each non-emergency medical transportation vehicle operated within the City must pass an initial safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a non-emergency medical transportation vehicle with the City, until such time that the Business License Division or the Police Department determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass an annual safety inspection.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.08.150: - Non-emergency medical transportation safety

Non-emergency medical transportation vehicles shall be maintained at all times in good mechanical repair and in a clean and sanitary condition.

(Ord. No. 2305, § 1, 12-17-13)

Every person who operates a non-emergency medical transportation vehicle within the City shall comply with the requirements of all applicable local, state and federal laws and, prior to the operation of any such vehicle, shall comply with any and all applicable certification and registration requirements of the California Public Utilities Commission as well as any and all applicable certification and registration requirements of any other state or federal agency.

(Ord. No. 2305, § 1, 12-17-13)

It is unlawful for any person to operate or drive a non-emergency medical transportation vehicle in the City without first having obtained approval to do so from the Business License Division or the Police Department. The Business License Division or the Police Department may refuse to approve a driver or may revoke approval for any of the following reasons:

(a)

If the applicant is under twenty-one years of age or not a citizen of the United States;

(b)

If the applicant has not resided in the county for thirty days prior to filing the application;

(c)

If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles;

(d)

If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e)

If the applicant violated any of the provisions of this Chapter;

(f)

If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the Business License Division or the Police Department;

(g)

If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations before employment or upon license renewal, or at such other times as the City shall designate. All costs for testing and reporting shall be borne by the applicant or the employer.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.08.180: - Temporary driver's permit

The police department may, after an investigation, issue a temporary driver's permit, which shall be effective for no more than thirty days. The police department may issue no more than two consecutive temporary driver's permits, nor more than two non-consecutive temporary driver's permits in any two-year period. Any person operating a nonemergency medical transportation business in compliance with a temporary driver's permit shall be deemed to have complied with Section 16-7.08.160 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.190: - Temporary driver's permit—Revocation

The police department may revoke a temporary driver's permit at any time and for any lawful reason. Any person aggrieved by the police department's revocation of a temporary driver's permit may appeal to the City Manager, by submitting a request, in writing, to the City Manager's office within ten days of the decision of the police department. The City Manager may overturn the decision of the police department if that decision was arbitrary or an abuse of discretion.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.200: - Additional operating regulations for non-emergency medical transportation services

In addition to the other provisions contained in this Chapter, non-emergency medical transportation vehicles shall be operated in compliance with the provisions of this section.

(a)

No franchisee shall dispatch, use or operate any non-emergency medical transportation vehicles for emergency medical transportation or as an ambulance, except at the request of local authorities during an emergency as defined in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the California Government Code).

(b)

All non-emergency medical transportation vehicles shall be dispatched, used and operated for pre-arranged medical appointments of a non-emergency nature only, except as otherwise provided in subsection (1) of this section.

(c)

All operators and/or drivers of non-emergency medical transportation vehicles shall hold a current CPR, Heart Saver level and first aid certification approved by the City Manager, or his or her designee.

(d)

All non-emergency medical transportation vehicles shall be equipped with a means of communication by either cellular phone or radio enabling the operator to immediately obtain emergency medical service information.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.210: - Temporary franchise

The City Manager, or his or her designee, may authorize a temporary franchise to a non-emergency medical transportation business, based outside the City, for up to thirty days, for special activities. Such temporary franchise shall conform to the requirements of this Chapter and shall contain such additional conditions and restrictions that the City Manager, or his or her designee, deems appropriate for the operation.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.220: - Franchise fees

The city reserves the right to charge a separate franchise fee for the operation of a non-emergency medical transportation business. Such franchise fee may be established by resolution of the City Council on an annual basis and may be prorated on a quarterly basis. Franchise fees may be waived by the City Council if public necessity so requires.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.230: - Amendment of franchises

Upon application to the City Council and after conducting a public hearing thereon, the City Council may amend the conditions specified in the resolution granting the franchise, if such changes are in substantial compliance with the provisions of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.240: - Term of franchises

The term of the franchise shall run concurrently with the term of the business license granted to the franchise holder, unless the resolution adopted by the City Council specifies a different term. The franchise will remain in

effect unless there is an action taken by the City Council to revoke the franchise for failure to comply with any of the provisions of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

If a franchisee desires to sell or transfer a non-emergency medical transportation business, the intended buyer must make application to the City for a franchise as required by this Chapter. The selling franchisee must file an affidavit of intention to surrender and cancel the existing franchise conditionally upon, and concurrently with, consummation of sale and the City's granting of a new franchise in the name of the buyer.

If the buyer applicant meets the requirements as set forth in this Chapter for a franchise, the City shall grant the buyer a new franchise and concurrently therewith shall revoke the seller's franchise.

Upon change in ownership, the prior business license issued to the seller shall be closed and the buyer shall submit an application for a new City business license.

(Ord. No. 2305, § 1, 12-17-13)

Any user or subscriber to a non-emergency medical transportation business contending that he or she has been required to pay an excessive charge for service, or that he or she has received unsatisfactory services, may file a written complaint with the City Clerk setting forth such allegations. The city shall notify the non-emergency medical transportation business of such complaint, and the City Manager, or his or her designee, shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City shall take reasonable and proper actions to secure compliance with the conditions of this Chapter, including modification, suspension or revocation of the franchise under Section 16-7.08.290 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

Any personnel from the destination location, such as medical centers or physicians' offices, contending that the transportation service is insufficient or unsatisfactory, may file a written complaint with the City Clerk setting forth such allegations. The City Manager, or his or her designee, shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City shall take reasonable and proper actions to secure compliance with the conditions of this Chapter, including modification, suspension or revocation of the franchise under Section 16-7.08.290 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

The City Manager, or his or her designee, shall make all necessary and reasonable rules and regulations, subject to the approval of the City Council, covering non-emergency medical transportation businesses, vehicles, personnel, and rates for the effective and reasonable administration of this Chapter. The City Manager, or his or her designee, shall inspect the records, facilities, vehicles and methods of operation whenever such inspections are required or deemed necessary.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.08.290: - Modification, suspension or revocation of franchises

The City Manager, or his or her designee, after conducting a hearing, may modify, suspend or revoke a franchise to operate a non-emergency medical transportation business when the City Manager, or his or her designee, has found, after investigation, that the franchisee, or any partner, officer, director or employee of the franchisee has done any of the following:

(a)

Violated any section of this Chapter, or any other laws relating to a non-emergency medical transportation business, or any laws which relate to the franchise activities;

(b)

Has been convicted of any felony;

(c)

Has been convicted of any misdemeanor involving moral turpitude or commits an act involving moral turpitude;

(d)

Has been convicted of any offense relating to use, sale, possession or transportation of narcotics or habit-forming drugs;

(e)

Has committed any act involving dishonesty, fraud or deceit;

(f)

Has misrepresented a material fact in obtaining a franchise, or is no longer adhering to the conditions specified in his or her franchise;

(g)

Aids or abets an unlicensed or uncertified person to evade the provision of this Chapter; or

(h)

Fails to maintain a current city business license for the operation of the franchise.

(Ord. No. 2305, § 1, 12-17-13)

It is unlawful for any person to operate, conduct, advertise or otherwise engage in the transportation of nonemergency medical patients upon the streets or any public right-of-way in the City, except in conformance with a valid franchise issued by the City.

In addition to the provisions of this Chapter providing for modification, suspension or revocation of a franchise, as the case may be, any person violating any of the provisions of this Chapter is guilty of a misdemeanor and is punishable as provided in Section 1.04. and 1.05 of this code. Any franchise holder found to be in violation of any

of the provisions setting forth the conditions of the approval contained in the resolution granting the franchise shall be subject to any other penalties and fines not otherwise provided for in this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

Article 9: - Specially Regulated Business—Solicitors

(a)

Except as may be set forth otherwise in this Article, every Solicitor must register with the Business License Division of the City, apply for, and obtain a business license, and pay the required business license fee pursuant to Section 16-7.06.020 prior to doing business in the City.

(b)

Each applicant for registration hereunder shall be fingerprinted by City's Business License Division or the Police Department or submit fingerprints through a live scan vendor for purposes of conducting a background check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the City's Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.02.030(c). The City's Business License Custodian of Records or the Police Department shall furnish each applicant with a live scan request form for use at any live scan vendor location. Each applicant shall also furnish two photographs of himself/herself of a size and format satisfactory to the City's Business License Division. The photograph shall be retained by the Business License Division. The identification and registration card shall bear the name of the applicant, the company, or companies which he/she represents, and his/her photograph. It shall be carried on the person of the Solicitor and shall be displayed to all residents or businesses at the beginning of the period of solicitation.

(c)

An Established Place of Business operating in the City may seek business using Solicitors who continuously comply with each of the following requirements:

(1)

The Established Place of Business must be open to the public at least eight hours a day, five days a week;

(2)

A floor salesperson or manager of said business of the company shall be present at all times when the place of business is open;

(3)

Said business or company shall have and maintain at said place a sign of not less than three square feet bearing the name of the business or company either on the front of the building or the side of building facing the street;

(4)

Each new Solicitor employed by the business shall be fingerprinted and furnish photographs to the City as set forth in subdivision (b) of this Section. Applicants or their Solicitor employees renewing a business license may be required to be fingerprinted prior to the renewal of their licenses.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.09.020: - Other restrictions on solicitors

(a)

No Solicitor shall ring the bell or knock on the door of any residence, dwelling, apartment, or business establishment or attempt to gain admittance thereto, whereon a sign is posted bearing the words "No Solicitors", or words of similar import indicating that Solicitors are not desired.

(b)

Solicitation in residential areas shall be prohibited between the hours of seven p.m. and eight a.m. Solicitation in non-residential areas shall be during business hours of solicited establishments.

(c)

All orders taken by Solicitors shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.09.030: - Solicitor exemptions

With the exception of the restrictions set out in Section 16-7.09.020, the provisions of this Article shall not apply to:

(a)

A Solicitor who represents a bona fide Charity, fraternal, or religious organization which is exempt under Section 16-7.06.150(a)(1) of this Chapter.

(b)

A disabled veteran who is exempt under the provisions of Section 16-7.06.150(a)(4) of this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2449, § 2(Exh. A), 3-5-24)

Article 10: - Specially Regulated Business—Firearms, Pawnshops, Junk Dealers, Secondhand Stores, etc.

Sec. 16-7.10.010: - Firearms, pawnshops, junk dealers, secondhand stores, etc.—Generally

Every person conducting the business of junk dealer, secondhand dealer, automobile and truck wrecking or dismantling, pawnbroker, or similar business where money is loaned on personal property for compensation is required to have a business license.

No person shall operate a junk, rubbish, or garbage collection vehicle or truck within the City unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the Business

License Division shall deem proper, executed by an insurance company approved by the Business License Division, which policy shall insure the public against any loss or damage that may result from the operation of said vehicle, and; provided further, that said policy of insurance shall provide for maximum recovery of not less than the following schedule:

(a)

For injury or death of any one person in any one accident, two hundred fifty thousand dollars;

(b)

For injury or death of two or more persons in any one accident, five hundred thousand dollars;

(c)

For injury or destruction of property in any one accident, one hundred thousand dollars. Such policies shall be on file with the Business License Division.

No person shall operate a pawn shop or secondhand dealership without first obtaining a "pawn shop" or "secondhand dealer" license issued by the Victorville Police Department.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Article 11: - Specially Regulated Business—Massage

In addition to the business license requirements stated in this title, massage establishments shall provide the Building Official a list of names of massage technicians performing massage services at the establishment seeking a business license and provide a copy of the state certification for each listed massage technician.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.11.020: - Conditional use permit required

No person shall operate a massage establishment within the City without first obtaining a Conditional use permit pursuant to Sections 16-3.07.020 of this Chapter and securing a business license.

(Ord. No. 2305, § 1, 12-17-13)

Sec. 16-7.11.030: - Massage technician requirements

Every person performing massage services for compensation within the City of Victorville shall obtain and maintain a valid State Massage Certificate. Individuals found to be performing massage services for compensation within the City of Victorville without a State Certificate shall be in violation of this code.

Massage establishments found to be employing, soliciting, or using massage technicians that do not possess a valid State Massage Certificate shall be in violation of this code and deemed a public nuisance and shall be justification for revocation of the City business license.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Every massage establishment operator shall report immediately to the City any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, directors and partners in any and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business.

(Ord. No. 2305, § 1, 12-17-13)

Article 12: - Specially Regulated Business—Sidewalk Vendors

(a)

Purpose. The purpose of this Article is to establish Sidewalk Vendor business licensing and regulatory standards that comply with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Article allow the City to encourage small business activities by removing certain prohibitions on portable food stands and certain forms of vending while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety, and welfare.

(b)

Findings. The City Council finds that:

(1)

Prohibiting Sidewalk Vending in streets/roadways and on medians is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets/roadways or on medians.

(2)

Preventing Sidewalk Vendors from vending to persons in cars and other motorized vehicles, or from vending from the street or alley facing sides of their Vending Carts is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents when Sidewalk Vending Activities cause vehicles to suddenly stop or park illegally on City streets and disrupt the normal flow of traffic.

(3)

Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Amplified sound devices may also cause traffic hazards by distracting drivers resulting in automobile accidents and harm to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians.

(4)

The regulations specified in this Article, including, but not limited to those governing sidewalk Vending Cart sizes, distance requirements, and food and merchandise storage, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.

(5)

To protect the safety of children traveling to and from and in and around schools from potentially adverse safety impacts of traffic and sidewalk congestion, it is necessary to restrict sidewalk vendor activities during certain hours in such areas.

(6)

Restricting Sidewalk Vending Activities on Sidewalks or Pedestrian Paths that are immediately adjacent to portions of streets or highways that are designated by signs or red curb markings as "no stopping" or "no parking" zones and near certain public facilities is needed to prevent interference with the flow of pedestrian or vehicular traffic, including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

(7)

Regulating Sidewalk Vending Activities is necessary to preserve reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, and mailboxes, as well as access to locations used for public transportation services.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25; Ord. No. 2463, § 2(Exh. A), 2-3-26)

Sec. 16-7.12.020: - Business license required

No Sidewalk Vendor may Vend or operate anywhere within the City without first obtaining a Sidewalk Vendor License from the City. Each Sidewalk Vendor must comply with the terms and conditions set forth in his/her Sidewalk Vendor License issued by the City and those specified in this Article. Stationary Sidewalk Vendors may operate within the approved areas as stated in their City-issued Sidewalk Vendor Licenses.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.12.030: - Sidewalk vendor license application

(a)

All business license applications must be completed online through the City's designated business license application system ("License System"). To receive a Sidewalk Vendor License, applicants must provide the following to the City through the License System:

(1)

A declaration that the information provided to the City in connection with the business license application is true and correct, to the best of the applicant's knowledge and belief;

(2)

The applicant's agreement to indemnify, hold harmless, and defend the City, its officials, employees, and agents from and against all liability, damage, loss or injury arising from the Sidewalk Vendor's conduct of Sidewalk Vending Activity;

(3)

An acknowledgement that use of public property is at the Sidewalk Vendor's own risk, and that the City does not take any steps to ensure public property is safe or conducive to Sidewalk Vending Activity;

(4)

The applicant's agreement to comply with the provisions of this Article and all applicable provisions of the City's Municipal Code;

(5)

All applicable documents described in Chapter 7, Article 3 of this Title, subject to the following:

(A)

A Sidewalk Vendor may submit a California driver's license or identification number, an individual taxpayer identification number, a Seller's Permit number, or a municipal identification number in lieu of a social security number, and any number so collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the licensure program or to comply with a state law or state or federal court order; and

(B)

Any Sidewalk Vendor's "personally identifiable information" as defined in Government Code Section 51036(e) obtained by the City and/or any City records containing same are exempt from disclosure under the Public Records Act and further shall only be accessible or subject to release/disclosure as specified in Government Code Sections 51038(b)(6) and (b)(7).

(6)

A list of all applicable employees or Vending Cart operators;

(7)

A detailed description of the Food and/or merchandise to be sold;

(8)

The hours per day and the days per week during which the Sidewalk Vendor proposes to operate, and whether the Sidewalk Vendor intends to operate as a Stationary or a Roaming Sidewalk Vendor;

(9)

Roaming Sidewalk Vendors shall specify the roaming route and proposed areas within which Sidewalk Vendor Activity will be conducted;

(10)

A description (including dimensions) of all Vending Carts to be used when vending, to include photos of the sides, front and rear of each Vending Cart;

(11)

If the applicant will Vend food, copies of applicable permits issued by the Health Department (unless applicant is exempt from a Health Permit pursuant to California Health & Safety Code Section 114368.1(a)) and certification that the Sidewalk Vendor will comply with all applicable laws regarding food vending;

(12)

Proof of general liability and other insurance coverages as deemed reasonably necessary to adequately protect the City in the types and amounts specified by the City's Risk Manager;

(13)

A copy of the Sidewalk Vendor's current and valid Seller's Permit;

(14)

Full payment of the applicable business license fees, as established by resolution of the City Council.

(b)

The items listed in subdivision (a) of this Section, together with the Sidewalk Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Sidewalk Vendor's current Sidewalk Vendor License expires.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25; Ord. No. 2463, § 2(Exh. A), 2-3-26)

Sec. 16-7.12.040: - Criteria for approval or denial of license

(a)

The Building Official, or his/her designee, shall approve the application for issuance of a Sidewalk Vendor License unless he/she determines that:

(1)

Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(2)

The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

(3)

The applicant has failed to demonstrate an ability to conform to the operating conditions and standards set forth in Sections 16-7.12.070 through 16-7.12.100 of this Article;

(4)

The applicant has failed to pay any previous administrative fines levied in accordance with Government Code Section 51039(a);

(b)

If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 1602.02.050 of this Title, the determination of denial shall become final and conclusive.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25; Ord. No. 2463, § 2(Exh. A), 2-3-26)

Sec. 16-7.12.050: - License rescission

The City Manager may rescind a Sidewalk Vendor License issued to a Sidewalk Vendor for the term of said license for a fourth violation or subsequent violation of this Article. A Sidewalk Vendor whose license is rescinded may apply for a new Sidewalk Vendor License upon the expiration of the term of the rescinded license.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.12.060: - Appeals

Any person aggrieved by the decision of the Building Official or the Code Enforcement Official to issue, deny issuance, or rescind a Sidewalk Vendor License may appeal the decision to the Planning Commission in accordance with Sections 16-2.02.010 and 16-2.02.050 of this Title.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.12.070: - General sidewalk vendor activity operating conditions; prohibitions

(a)

General Operating Conditions.

(1)

Sidewalk Vending Activities are permitted in the City between the hours of 7:00 a.m. and 10:00 p.m. daily, except as follows:

(A)

In exclusively residential areas, only Roaming Sidewalk Vendors shall be permitted to operate. In such areas, Roaming Sidewalk Vendors may engage in Sidewalk Vending Activities only between the hours of 7:00 a.m. and 10:00 p.m. Roaming Sidewalk Vendors must move continuously except when necessary to complete a sale.

(B)

In non-residential areas, the limit on hours of vending shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

(C)

Hours may be expanded when events subject to the terms of a Temporary Special Permit and/or certain Citysponsored events are occurring.

(D)

During the execution of a Public Works maintenance or public benefit project that requires the sidewalk vendor vacate the area to allow the completion of a public works project.

(2)

Stationary Sidewalk Vendors are prohibited from operating in areas that are zoned exclusively residential.

(3)

Stationary Sidewalk Vendors must operate within the approved areas as stated in the issued Sidewalk Vendor License.

(4)

All Sidewalk Vendors Vending food or any other item requiring a Health Department permit, must possess and keep in his/her Vending Cart or on his/her person a valid permit issued by the Health Department.

(5)

At all times, Sidewalk Vendors must possess and keep in his/her Vending Cart or on his/her person a valid Sidewalk Vendor License. If multiple Sidewalk Vendors are staffing a Vending Cart or working as Roaming Sidewalk Vendors, each person shall keep his/her license on his/her person at all times.

(6)

No Advertising signs. No signs other than those approved in the Sidewalk Vendor License application (such as signs identifying the name of the products sold, the name of the vendor and/or the prices of products) are allowed. All signs must be attached to the approved Vending Cart with a sign area not to exceed three square feet for every linear foot of Vending Cart length. Signs with intermittent, flashing, moving, blinking lights, or varying intensity of light or color, are not permitted.

(7)

No Vending Cart, including any attachments thereto such as a litter receptacle or an umbrella, shall exceed four (4) feet in width, eight (8) feet in height, or eight (8) feet in length.

(8)

No Vending Cart shall be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended.

(9)

No Vending Cart shall be stored, parked, or left overnight on or in any public street, Sidewalk, or City Facilities.

(10)

All equipment installed in any part of the Vending Cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn. All utensils shall be securely stored in order to prevent their being thrown from the Vending Cart in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives.

(11)

Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall not create nuisance odors or noise above the allowable decibel level as provided in section 13.01.040 of the Victorville Municipal Code.

(12)

Umbrellas used in connection with vending operations must be securely fastened and not exceed a heigh of eight (8) feet.

(b)

Prohibitions. No Sidewalk Vendor shall:

(1)

Operate within the portion of any public parking lot through which motor vehicles are expected to travel given the frequency of vehicle traffic and the prevention of vehicle on pedestrian traffic collision;

(2)

Operate on or along any street or roadway that does not have a Sidewalk or Pedestrian path;

(3)

Operate within 25 feet of a Sidewalk or Pedestrian Path that is adjacent to a portion of a street or highway and is designated by signs or red curb markings as a "no stopping" or "no parking" zone to prevent vehicle traffic from unlawfully stopping or parking and increasing the risk of traffic collisions;

(4)

Sell food for immediate consumption unless there is a litter receptacle available for patrons' use;

(5)

Operate within 150 feet of the intersection of a street and a sidewalk or in any location that obstructs traffic signals or regulatory signs;

(6)

Leave any location without first disposing of all trash or refuse remaining from sales conducted. Trash and refuse generated by vending activities shall not be disposed of in public trash receptacles;

(7)

Discharge solids or liquids to the street or a storm drain;

(8)

Allow any items or equipment relating to the Sidewalk Vending Activity, including any required litter receptacle, to be placed anywhere other than in, on, or under the Vending Cart;

(9)

Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her Vending Cart where such items have not been described in the Sidewalk Vendor License application;

(10)

Operate upon or within any street or roadway, any street or roadway median strip (whether or not said median strip is landscaped), or any street/roadway dividing strip;

(11)

Operate within five hundred feet of any freeway on-ramp or off-ramp;

(12)

Engage in the vending of alcohol, cannabis, cannabis products, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis, or adult-oriented material depicting, describing, or relating to sexual activities;

(13)

Sound or permit the sounding of any device that produces a loud and raucous noise or any noise in violation of the City's noise ordinance, or use or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public, or use any lighting effect that is intermittent, flashing, moving, blinking or emits a varying intensity of light or color;

(14)

Operate without the insurance coverage specified in this Article;

(15)

Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;

(16)

Solicit or conduct business with persons in motor vehicles or Vend from the exposed street or alley and/or traffic side of the Vending Cart;

(17)

Operate in a manner that does not maintain four (4) feet of clear space on a Sidewalk or Pedestrian Path, including any customer queuing area, or in a manner that impedes access to or restricts the free use of abutting property, including, but not limited to, residences and places of business in accordance with the American with Disabilities Act (ADA);

(18)

Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property;

(19)

Operate within 500 feet of a Certified Farmers' Market or Swap Meet during the operating hours of that Certified Farmers' Market or Swap Meet;

(20)

Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence;

(21)

Operate in or within 500 feet of an area designated for use by a Temporary Special Permit or an event conducted or sponsored by the City, including but not limited to the annual Fall Festival, Spring Festival, Holiday Parade, Tree Lighting and Veterans' Day Parade; provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City's Temporary Special Permit or regarding City conducted/sponsored events, shall also be provided to any Sidewalk Vendors specifically permitted to operate in the area. A prohibition of Sidewalk Vendors pursuant to this subsection shall only be effective for the limited duration of the Temporary Special Permit, or the City conducted/sponsored event;

(22)

Operate within 500 feet of any public or private school grounds between the hours of 7:00 a.m. and 5:00 p.m. on days that the school is open to students;

(23)

Operate in violation of any other generally applicable law;

(24)

Use an electrical outlet or power source that is owned by the City or another person other than the Sidewalk Vendor;

(25)

Engage in the renting of merchandise to customers;

(26)

Vend services;

(27)

Use an open flame on or within any Vending Cart.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25; Ord. No. 2463, § 2(Exh. A), 2-3-26)

Sec. 16-7.12.080: - Sidewalk vending in City facilities

In addition to the operating conditions and prohibitions set forth in Section 16-7.12.070 and in the interest of ensuring adequate access or use is available to individuals seeking services from City departments, Sidewalk Vendors operating in City Facilities must also comply with the following:

(a)

Sidewalk Vendors shall be permitted to operate only on Sidewalks and Pedestrian Paths in City facilities;

(b)

Sidewalk Vendors shall be permitted to operate only during the hours such City facilities are open to the public;

(c)

Stationary Sidewalk Vendors shall not Vend in any City facilities where the City or facility operator has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

(d)

In City facilities, no Sidewalk Vendor may engage in Sidewalk Vending Activities:

(1)

Within 50 feet of any other Sidewalk Vendor;

(2)

On, or within 25 feet of, any sports field, building, recreation center, bathroom structure or playground equipment area;

(3)

That utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the City facility any way as part of Sidewalk Vending Activities;

(4)

Within 25 feet of any bench, table, barbeque pit, covered gathering area, statue, monument, art installation, or other publicly-owned structure or amenity in the City facility;

(5)

In a manner that blocks sidewalks or pedestrian paths or restricts pedestrian and wheelchair/ADA clearance;

(6)

In a manner where a Vending Cart touches or leans against any lamp post, tree, plant, planter box, rock formation, building, or trash receptacle;

(7)

In any parking lots, on grass areas, or on bicycling paths.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.12.090: - Additional operating conditions for stationary sidewalk vendors vending food

In addition to the operating conditions and prohibitions specified in Sections 16-7.12.070 and 16-7.12.080, Stationary Sidewalk Vendors vending food must operate within 200 feet of an approved and readily-available toilet and handwashing facility for employees and customers. If the facility is located on private property, the Sidewalk Vendor must possess a copy of an enforceable contract between the private property owner and the Sidewalk Vendor allowing the Vendor to utilize such facilities, including the days and hours of operation. Proof of authorized access to facilities must be provided prior to license issuance.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.12.100: - Adoption of additional regulations

The City Council may by resolution or ordinance adopt additional operational conditions or requirements regulating the time, place, and manner of Sidewalk Vending in the City which are consistent with Government Code Section 51038.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.12.110: - Exemptions

The provisions of this Article 12 shall not apply to, nor shall a Sidewalk Vendor License be required for any of the following activities:

(a)

Any vending pushcart or other device owned or operated by any public agency;

(b)

Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;

(c)

An approved participant in a Certified Farmers' Market;

(d)

Catering for private parties held exclusively on private property and not open to the general public;

(e)

An approved participant in a community event authorized by the City;

(f)

An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way);

(g)

An individual or organization vending items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

(a)

Violations of this Article that occur within the public right-of-way shall not be prosecuted as infractions or misdemeanors and shall only be subject to the issuance of Notices of Violation and Administrative Citations pursuant to Chapter 1.05 of the Victorville Municipal Code, except that notwithstanding Section 1.05.110 of said Code, the administrative fines and other penalties for violations of this Article (other than failure to obtain/maintain a valid Sidewalk Vendor License as set forth in subdivision (b) below) shall be as follows:

(1)

A fine not exceeding one hundred dollars ($100) for a first violation.

(2)

A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.

(3)

A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

(4)

Rescission of a Sidewalk Vendor License for the term of said license upon a fourth violation or subsequent violations.

(b)

If a Sidewalk Vendor violates any portion of this Article and cannot present the citing officer with proof of a valid Sidewalk Vendor License, the Sidewalk Vendor shall instead be assessed administrative fines in the following amounts:

(1)

A fine not exceeding two hundred fifty dollars ($250) for a first violation.

(2)

A fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

(3)

A fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

(c)

Upon proof of a valid Sidewalk Vendor License issued by the City, the administrative fines set forth in Subsection 16-7.12.120(b) shall be reduced to the administrative fines set forth in Subsection 16-7.12.120(a).

(d)

All fines imposed on a Sidewalk Vendor pursuant to this Section 16-7.12.120 shall be subject to an ability-to-pay determination as described in California Government Code section 51039(f). Concurrently with issuing an administrative citation for such fines to a Sidewalk Vendor, the City shall provide the Sidewalk Vendor with notice of his/her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

(e)

Administrative citations may be appealed pursuant to the procedures set forth in Section 1.05.090 of the Victorville Municipal Code, except that the following additional provisions shall apply with respect to the assessment of an administrative fine upon a Sidewalk Vendor:

(1)

The Hearing Officer has the power to reduce the fine based upon the person's ability to pay the fine.

(2)

If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the Hearing Officer, shall order the City to accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Section.

(3)

The Hearing Officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2463, § 2(Exh. A), 2-3-26)

Article 13: - Specially Regulated Business—Mobile Vehicle Vendors

The City finds that the vending of produce, prepared or prepackaged foods, goods, and/or wares from motor vehicles temporarily parked on public streets or alleys and on private property may pose unsafe conditions and special dangers to the public health, safety and welfare of the residents of the City. It is the purpose of this Article to provide clear and concise regulations governing these types of motor vehicular mobile vending operations to prevent safety, traffic, and health hazards, and to preserve the peace, safety and welfare of the City and its residents.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.020: - Mobile vehicle vendor license required

No Mobile Vehicle Vendor may vend or operate anywhere within the City without first obtaining a Mobile Vehicle Vendor License from the City. Mobile Vehicle Vendors must comply with the terms and conditions set forth in the Mobile Vehicle Vendor License and within this Article.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.030: - Mobile vehicle vendor business license application

(a)

All business license applications must be completed online through the City's designated business license application system ("License System"). To receive a Mobile Vehicle Vendor License, each prospective Mobile Vehicle Vendor must provide the following items to the City through the License System:

(1)

All applicable documents described in Chapter 7, Article 3 of this Title;

(2)

A list of all applicable employees and/or Mobile Vending Vehicle licensed drivers;

(3)

A description of the food and/or merchandise to be sold;

(4)

Intended locations, days, and hours of operation;

(5)

A description of all Mobile Vending Vehicles to be used when vending, to include color photos of the sides, front and rear of the vehicles, and license plate numbers;

(6)

If the applicant will Vend Food, copies of applicable permits issued by the Health Department and certification that the Mobile Vehicle Vendor will comply with all applicable laws regarding Food Vending;

(7)

Proof of general liability, automobile liability, and such other insurance coverages in the amounts and types specified by the City's Risk Manager;

(8)

Proof that each Mobile Vending Vehicle is properly registered with California Department of Motor Vehicles;

(9)

A copy of the Mobile Vehicle Vendor's current and valid Seller's Permit;

(10)

A declaration that the information provided to the City in connection with the Mobile Vehicle Vendor License application is true and correct;

(11)

Full payment of the applicable Mobile Vehicle Vendor License fees, as set by Resolution of the City Council.

(b)

Mobile Vehicle Vendors intending to operate on private property must also provide the following:

(1)

A copy of the property owner's written authorization to vend in the specified location and approval of land use entitlements as prescribed in Chapter 3 of this Title;

(2)

A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, and improvements and the location where the proposed vending activity will be located on site, and demonstrating that there will be adequate ingress and egress to the site and that the mobile vending activity will have adequate parking and not utilize parking otherwise required for any business located at the site;

(c)

In addition, prior to the issuance of a Mobile Vehicle Vendor License, the applicant and each of applicant's employees and/or operators of Mobile Vending Vehicles shall cause to be filed with the Business License Division, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Business License Division shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the City's Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.13.040.

(d)

The above information and the Mobile Vehicle Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Mobile Vehicle Vendor's current Mobile Vehicle Vendor License expires.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.13.040: - Criteria for approval or denial of license

(a)

The Building Official or the Code Enforcement Official, may deny the application for issuance of a Mobile Vehicle Vendor License if he/she determines that:

(1)

Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(2)

The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

(3)

The applicant has failed to demonstrate an ability to conform to the operating conditions and standards applicable to the particular type of Mobile Vehicle Vendor License for which vendor has applied, as set forth in Sections 167.13.050 through 16-7.13.080 of this Article;

(4)

The applicant has previously violated any provisions of this Article or this Chapter;

(5)

The City's Business License Custodian of Records or the Police Department, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant or its employees:

(A)

A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057,

or 11058 within three (3) years of the date of application; or

(B)

Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or

(C)

A conviction of a felony or misdemeanor involving crime of moral turpitude within three (3) years of the date of the application; or

(D)

If the application is for a driver/operator of a Mobile Vending Vehicle, conviction of alcohol or drug related traffic offenses;

(E)

Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other State) is required.

(b)

If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 1602.02.050 of this Title, the determination of denial shall become final and conclusive.

(Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2459, § 6, 11-18-25)

Sec. 16-7.13.050: - Mobile vehicle vendor operational regulations and requirements

(a)

No Mobile Vehicle Vendor shall:

(1)

Vend when the Mobile Vending Vehicle is in motion. Vending can only take place when the vehicle is lawfully parked or stopped.

(2)

Vend from the side of the Mobile Vending Vehicle towards moving traffic. Vending can only take place from the side of the vehicle away from moving traffic and as near as possible to the curb or edge of the right-of-way.

(3)

Vend to a person standing in the street or roadway.

(4)

Vend on a street or roadway unless there is a clear view from the Mobile Vending Vehicle for a distance of at least 200 feet in each direction.

(5)

Stop on the left side of a one-way street to vend.

(6)

Back up the Mobile Vending Vehicle on a public street or roadway to make or attempt a sale.

(7)

Vend from any street parking space other than a space parallel to the curb.

(8)

Operate from any vehicle not licensed by the Department of Motor Vehicles.

(b)

Unauthorized riders on Mobile Vending Vehicles prohibited:

(1)

The Mobile Vehicle Vendor must not permit any unauthorized person to ride in or on the Mobile Vending Vehicle.

(2)

No person shall ride in or on a Mobile Vending Vehicle unless such person:

(A)

Is employed by the owner of the Mobile Vending Vehicle business,

(B)

Is authorized in writing to do so by the owner of the Mobile Vending Vehicle business; or

(C)

Has received permission through the application process in this Article.

(D)

All persons licensed by the City to operate a Mobile Vending Vehicle must be at least 18 years of age and possess a valid, unexpired California Driver's License.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.060: - Mobile vehicle vendor standards, conditions and requirements

All Mobile Vehicle Vendors shall comply with the following standards, conditions and requirements:

(a)

Location:

(1)

No Vending shall occur within ten (10) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, or driveway. A greater distance or separation from other uses may be required under the conditions imposed on a Mobile Vehicle Vendor License, in order to preserve line-of-sight, or for other safety reasons;

(2)

No vending shall occur within three hundred (300) feet of the grounds of any elementary or junior high school;

(3)

No vending shall occur within five hundred (500) feet of a freeway entrance or exit;

(4)

Vendors shall not stop in any single location for more than one and one-half hours in any twenty-four-hour period;

(5)

Vending at any City park, recreational facility, or sports complex is permitted only upon the prior written authorization from the City's Director of Community Services or pursuant to a Temporary Special Permit in accordance with Victorville Municipal Code Section 14.04.040(n).

(b)

Design and Operating Standards, condition/appearance of site and Mobile Vending Vehicle:

(1)

The Mobile Vehicle Vendor shall maintain the area within which vending activities occur in a clean, safe and sanitary condition;

(2)

No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vending operation;

(3)

Should any site improvements be needed for ongoing vending operations, the Mobile Vehicle Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations;

(4)

The Mobile Vehicle Vendor shall not attach or use any water lines, electrical lines or gas lines during vending operations;

(5)

Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the Mobile Vending Vehicle is prohibited;

(6)

Mobile Vehicle Vendors shall display, in plain view and at all times, current permits and licenses in or on their Mobile Vending Vehicles;

(7)

All Mobile Vending Vehicles shall be clean and in good repair;

(8)

Mobile Vehicle Vendors shall not discharge items from any Mobile Vending Vehicle onto the sidewalk, gutter, storm inlets or drains, or streets; and

(9)

The width, length, and height of all Mobile Vending Vehicles and devices shall be subject to review as part of consideration of the Mobile Vehicle Vendor License.

(c)

Hours of operation: Mobile Vehicle Vending shall be conducted between the hours of 7:00 a.m. and 10:00 p.m. All Vending operations shall comply with the City's noise ordinance.

(d)

Lighting: The Mobile Vehicle Vendor shall provide adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

(e)

Obstructions, hazards: No Mobile Vehicle Vendor shall obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to a curb, and shall not create public health or safety hazards.

(f)

Parking: Prior to issuance of the Mobile Vehicle Vendor License, the City shall confirm that an acceptable area for customer parking exists or shall specifically exempt the Mobile Vehicle Vendor from this requirement due to the nature and/or location of the use. If the Vending will occur on private property, the City shall determine that there will be adequate ingress and egress to the site, and that the vending operation will have adequate parking and not utilize parking otherwise required for any business located on the site. Parking for the Mobile Vehicle Vendor shall be specified in compliance with the Mobile Vehicle Vendor License. The vendor shall not indicate exclusive roadway parking or reserve any public parking area for the vendor's customer parking.

(g)

Exceptions: Exceptions to increase length of time for Vending in a single location or daytime hours for special events are to be filed with the Zoning Administrator as part of the business's Temporary Use Permit and considered on an individual basis.

(h)

Other applicable regulations: Each Mobile Vehicle Vendor shall comply at all times with all applicable federal, state, county, City, and other local laws and regulations.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.070: - Special regulations for ice cream trucks

(a)

All Ice Cream Trucks must be equipped at all times with signs mounted on both the front and the rear and clearly legible from a distance of 100 feet under daylight conditions, incorporating the words "WARNING" and "CHILDREN CROSSING." Each sign shall be at least 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one-inch solid border and a sharply contrasting background.

(b)

No person shall vend any item other than prepackaged food from an Ice Cream Truck unless applicable health permits have been obtained.

(c)

Ice Cream Trucks shall stop and vend only at the request of a customer. Absent an actual customer, Ice Cream Trucks shall not stop and vend.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.080: - Food truck operations

Provided a Mobile Vehicle Vendor License has been obtained in accordance with the provisions of this Article, Food Trucks may operate within the City with an approved Temporary Use Permit, issued pursuant to Article 4 of Chapter 3 of this Title and subject to the restrictions on such temporary uses in Section 16-3.07.050.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.090: - Exemptions

A Mobile Vehicle Vendor License is not required for the following activities:

(1)

The sale of agricultural products on the site where the product is grown;

(2)

Catering for private parties held exclusively on private property and not open to the general public;

(3)

Permitted community events such as, but not limited to, Certified Farmers' Markets, crafts fairs, street fairs, and other special events approved and designated by the City (provided a Temporary Use Permit is obtained pursuant to Title 16, Chapter 3, Article 4 of this Code); and

(4)

Delivery activities of any establishment with a fixed place of business, which has a valid City business license for such fixed place of business, and only delivers its products, services, or goods to a specified address in response to a customer request, order, or invoice previously placed through that fixed place of business.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.100: - Indemnity

As a condition of issuance of a Mobile Vehicle Vendor License, the applicant shall agree to indemnify, hold harmless, and defend the city and its officials, employees, and agents from and against all liability, damage and/or loss arising from the conduct of Mobile Vehicle vending activities by the vendor, its employees, and agents.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Sec. 16-7.13.110: - Violations; penalties

Any person violating any of the provisions of this Article or knowingly or intentionally misrepresenting to any authorized officer of the City any material fact in procuring the License herein provided for shall be subject to the penalties set forth in Section 16-7.01.160 of Chapter 7.

(Ord. No. 2449, § 2(Exh. A), 3-5-24)

Title 17 - SUBDIVISIONS*

Chapters:

Chapter 17.04 - GENERAL PROVISIONS

Sections: