Victorville Municipal Code Art. 1 Administration and Enforcement

This article shall be known, and may be cited, as the "Business License Ordinance."

(Ord. No. 2305, § 1, 12-17-13)

The administration and enforcement of Title 16, Chapter 7 (Business License Ordinance) shall be under the authority of the City Manager or his/her designee, and all functions and requirements of this Title shall be applied and executed by the Building Official or his/her designees. All further references to the Building Official in this Chapter shall mean and include the Building Official and his/her designees, whether or not explicitly specified.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2388, § 3, 3-19-19; Ord. No. 2459, § 6, 11-18-25)

The ordinance codified in this Chapter is enacted to provide support for the regulated and orderly use of land and ensure compliance to the City of Victorville Municipal Code.

(Ord. No. 2305, § 1, 12-17-13)

(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)

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)

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)

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)

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)

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)

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)

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)

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.

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

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.

(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)