Weed Municipal Code Ch. 5.04 Business Licenses

Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the following meanings:

A. "Advertising vehicle" means the business of operating, upon the streets, any wheeled vehicle equipped with music or a musical device, loudspeaker or other device for attracting attention, or who operates, upon the streets, any wheeled vehicle for advertising purposes, to which wheeled vehicle there are attached signs, placards, billboards or other advertising matter.

B. "Business" means professions, trades, lessors and occupations and all and every kind of calling carried on for profit or livelihood, where the gross income is one hundred and fifty dollars per quarter or more.

C. "Business by vehicle" means the business of running, driving or operating any automobile, automobile truck, automobile tank wagon or any vehicle used for the transportation, selling, collection or delivery of goods, wares, merchandise or other personal property of any kind from a vehicle, either as his or its principal business or in connection with any other business, or of soliciting for work, labor or services to be performed upon the public streets in or from a vehicle, or to be performed on goods, wares or other personal property to be taken for such purpose to a plant or establishment inside or outside of the city limits. "Business by vehicle" does not apply to the delivery of goods, wares or merchandise purchased by retail merchants in the city at wholesale prices and delivered to the merchants in the city for resale by them for use or consumption by the public off the premises, nor to persons operating such vehicles together and in conjunction with a fixed place of business within the city for which business a license fee is paid under this chapter.

The provisions of this chapter are not to be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distribution between those maintaining a fixed place of business in the conduct of which vehicles are used, and those maintaining a business in which the vehicles are used but who do not have a fixed place of business in the city.

D. "Employee" means all persons engaged in the operation or conduct of any business, whether as owner (husband and wife), any member of the owner's family, partner, agent, manager, solicitor and any and all other persons employed or working in the business.

E. "Engaged in business" means the conducting, managing or carrying on of any profession, trade, calling, occupation or commercial enterprise in the city for which a license is required under the provisions of this chapter as owner, officer, agent, manager, employee, servant or lessee of any of them.

F. "Fortuneteller" means a person who practices or professes to practice the business or art of astrology, palmistry, phrenology, card reading, fortunetelling, cartomancy, clairvoyance, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic or necromancy, or who receives a gift or fee for such practice, or where admission is charged.

G. "Licensee" means any person to whom a license has been issued under this chapter.

H. "Medicine show" means the business of dealing in medicines other than as conducted by a regularly established drugstore, or peddling the same, or treating diseases of the human body, or calling attention to wares or methods of treatment or advertising the same by use of music, entertainment, speech or other device.

(Ord. 36-62 §1, 1962).

This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation purposes. This chapter shall be reviewed every second year.

(Ord. 325-94, 1995: Ord. 36-62 §23, 1962).

It shall be unlawful for any person to be engaged in business in the city without having an unrevoked license from the city to do so, valid and in effect at the time, and in compliance with any and all regulations of such business contained in this chapter, unless such person is exempt under the provisions of this chapter. No person who is an employee or who is the direct representative of a licensee shall be required to pay a license fee for the doing of any part of the work of such license.

(Ord. 36-62 §2, 1962).

Separate licenses must be obtained for each branch, establishment or separate place of business in which the business is carried on. Separate licenses must be obtained for each kind or class of business carried on at each location; any person carrying on a business at one location containing several departments, all of which are presided over and carried on exclusively by the person as proprietor or by members of his immediate family (parents, spouse or children), shall be required to pay only one license fee, which shall be the full license fee of whichever business calls for the highest fee.

(Ord. 36-62 §3, 1962).

A. Every person having a license under the provision of this chapter for engaging in business at a fixed place of business shall keep such license posted for exhibition while in force in some conspicuous place in his place of business.

B. Every person having such a license, and not having a fixed place of business, shall carry such license with him at all times while carrying on the business for which the same was granted.

C. Every person having a license shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or collect license fees.

(Ord. 36-62 §13, 1962).

A. No license shall be issued, re-issued, or renewed to any person or entity which engages in the business of growing, processing, manufacturing, packaging, handling, transporting, testing, distribution, storing, selling, or delivery of any product containing cannabis or its derivatives until a permit has first been obtained from the city and the applicant's compliance with all requirements of this code.

B. The city council shall have the right to refuse any such permit if it determines that the granting of same will be contrary to the preservation of the public peace, safety or welfare of the city or its inhabitants. If the permit is granted, the city council may impose such terms, conditions and restrictions upon the operation, management and conduct of the business, not in conflict with any paramount law, as it may deem necessary or expedient to protect the health, safety or welfare of the city's inhabitants. Any applicant for such a permit shall be entitled to a hearing before the city council upon a request thereof.

C. A business license may be issued to a business, whether for profit or otherwise, which significantly engages in the growing, processing, manufacturing, packaging, or storing of cannabis or of products containing cannabis or its derivatives, only upon the issuance of a cannabis-related conditional use permit by the planning commission pursuant to the criteria stated in Section 18.32.020 of this Code, provided, however, that such a conditional use permit shall not be required for a retail store front cannabis sales business, lawfully operating pursuant to Chapter 8.29. The planning commission's decision on the project shall be subject to appeal pursuant to the procedure stated in this code Section 18.32.120. Notwithstanding the foregoing if such a business engages in laboratory testing of cannabis or cannabis-related products, but in none of the aforementioned activities to a significant degree, it shall require no such cannabis-related activity conditional use permit. The requirements of this subpart shall be in addition to the zoning restrictions of Title 18 of this code. The city manager or his/her designee may establish forms, requirements, procedures, and other protocols for the application and issuance of such permits and for the monitoring and enforcement of compliance with any conditions imposed by the planning commission. The city council may, by resolution, from time to time, establish and revise fee schedules and other charges for such applications and permits.

(Ord. 36-62 §14, 1962).

(Ord. No. 441-2017, §§ 2, 4, 11-9-2017; Ord. No. 460-2020, § 3, 4-9-2020)

No license issued under the provisions of this chapter shall be transferred or assigned, nor shall such license be construed as authorizing any person, other than the licensee, to engage in the licensed business.

(Ord. 36-62 §11, 1962).

A. Every person required to have a license under the provisions of this chapter shall make application for the same to the city clerk and, upon the payment of the prescribed fee, the city clerk shall issue to such person a license which shall contain:

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

2. The business licensed;

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

4. The date of the expiration of such license; and

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

B. The city clerk must affix his official seal to, number and sign all licenses.

(Ord. 36-62 §8, 1962).

As used in this chapter and parts thereof, in determining the number of employees for the purpose of fixing the license tax due under this chapter, the employer shall take the number of employees earning wages during pay periods ending the nearest fifteenth day of each month, as shown by Form DE3 of the state department of employment, or such other form which may hereafter be adopted for reporting payments due under the Unemployment Insurance Act for each month on the previous calendar year, adding the same and dividing by twelve. If the employer has been in business less than one year, he may use the average number of employees as shown by such form for the last quarter; if the employer has not previously engaged in business, he may estimate the average number of employees who will be employed by him during the remainder of the calendar year.

(Ord. 36-62 §17, 1978).

Except as may be otherwise provided for in this chapter, persons engaging in or carrying on any profession, trade, calling, occupation or business within the city for a period of less than three months of any calendar year shall, in those instances in which a license fee in excess of a quarterly fee has been paid in accordance with the provisions of this chapter, at the discretion of the city clerk, may be entitled to a refund of that portion of the fee in excess of a quarterly fee. A request for such refund shall be submitted to the city clerk in writing, setting forth the pertinent facts, and shall be verified by the claimant.

(Ord. 36-62 §18, 1962).

Every person whose business is located outside the city limits, but nevertheless is engaged in or carrying on any profession, trade, calling, occupation or business within the city, shall pay a license tax based upon the schedule of fees set forth in this chapter.

(Ord. 36-62 §42, 1962).

A. Except as may be otherwise provided for in this code, persons not having a fixed place of business within the city and regularly doing business within the city shall pay a license tax in accordance with this chapter according to the person's occupation or business, as though such person actually had a fixed place of business within the city, except as otherwise set forth in subsection B of this section and Section 5.04.380.

B. Every nonresident merchant and every other person who is conducting, managing or carrying on the business of running, driving or operating any automobile, automobile truck, automobile tank wagon or any other motor or other kind of vehicle for or in the transportation of any goods, wares or merchandise of any kind from outside the city into the corporate limits of the city shall pay a license fee of twenty-five dollars, plus three dollars for each additional vehicle regularly so operated into the city.

C. For the purposes of this section, regular operation shall consist of six or more trips per year into the city. Any usage in excess of fifty-two trips per year into the city by any such vehicle shall result in the application of an additional three dollars fee.

Example:

(Ord. 36-62 §49, 1962).

A. The annual license fees provided in this chapter shall be due and payable to the city on the first day of February of each year, and delinquent thirty days thereafter.

B. Annual license fees, as provided in this chapter, shall be divided by one-half if the profession, trade, calling, occupation or business is commenced after August 1st.

C. Daily license fees shall be due and payable to the city each day, in advance.

(Ord. 325-94 §2, 1995: Ord. 36-62 §19, 1962).

Whenever a business license holder or prospective applicant fails to make the payment required by the provisions of this chapter, the city clerk shall take steps to collect such delinquent accounts by means of letters written to the license holder or prospective applicant. If collection is not effected by means of letters, the city clerk shall make a written report of such delinquent local accounts to the city manager. The city clerk shall make every effort to collect such delinquent accounts by telephone or otherwise. Upon failure of such efforts to effect collection, the list of delinquent accounts shall be reported to the city attorney for such legal action as may be necessary, including the employment of police officers.

(Ord. 36-62 §20, 1962).

The amount of any license fee imposed by this chapter shall constitute a debt to the city, and any person engaging in business in the city without having a license from the city so to do shall be subject to an action in the name of the city in any court of competent jurisdiction for the collection of the amount of the license fee imposed by this chapter.

(Ord. 36-62 §21, 1962).

The rate of licenses for the professions, trades, callings, occupations or businesses named in Sections 5.04.180 through 5.04.380 are fixed and established according to the schedule contained in said sections. Such license fees shall be paid by every person engaged in carrying on or maintaining any such profession, trade, calling or occupation or retail or wholesale business.

(Ord. 36-62 §26, 1962).

Advertising by methods set forth in this section shall require payment of a license fee as follows:

A. Advertising By Vehicle. Advertising by vehicle shall require payment of a license fee of five dollars per vehicle per day.

B. Billboards or Other Similar Outdoor Advertising Structures. Every person engaging primarily in the business of outdoor advertising or billposting shall pay a license fee of one hundred dollars per year.

C. Billposting or Sniping. Advertising by posting, pasting, staking, tacking, affixing or placing colored paper or cardboard bills, cards, posters or tin signs against or upon fences, posts, trees, buildings or other structures or surfaces other than advertising surfaces, with the written consent of the owner of the property upon which the billposting is done, shall require prepayment of a license fee of ten dollars per day or fifty dollars per year, as may be preferred by the person procuring the license; provided that this section shall not be held to apply to signs or notices issued by any county or public office or posted by a public officer in performance of a legal duty, or by a private person in giving a legal notice.

(Ord. 36-62 §27, 1962).

For conducting amusements and places of amusement, as enumerated in this section, the license fee to be charged shall be as follows:

A. Billiard rooms and pool halls, ten dollars per quarter;

B. Bowling alleys, ten dollars per quarter;

C. Carnivals or exhibitions of a similar nature, twenty-five dollars per day, with two dollars per day additional for each merry-go-round;

D. Circuses or menageries making an admission charge, fifty dollars per day;

E. Dancehalls or dance operators, ten dollars per quarter;

F. Operating phonographs, juke boxes, music machines, kinetoscopes and other amusement machines, not otherwise provided for under Section 5.04.220, for profit, four dollars per year per machine;

G. Theater exhibitions on a limited basis, ten dollars per day;

H. Conducting, managing or carrying on a motion picture theater, or any other type of theater, thirty dollars per year;

I. Shooting galleries, ten dollars per quarter;

J. Skating rinks, ten dollars per quarter;

K. Wrestling or boxing exhibitions, fifty dollars per day.

(Ord. 36-62 §28, 1962).

Every person operating a barbershop or beauty shop shall pay an annual tax of thirty dollars.

(Ord. 36-62 §29, 1962).

A. For conducting, managing, carrying on or engaging in any business, profession or occupation enumerated in subsection B of this section, and having a fixed place of business in the city, the annual license tax shall be computed as follows: thirty dollars per year, plus thirty dollars per year for each professional member of the firm in excess of the one who is practicing his profession other than as a salaried employee, plus the sum of three dollars per year for each of the first eight salaried employees in excess of one, plus two dollars per year for each salaried employee in excess of nine.

B. The professions and occupations affected by subsection A of this section shall be as follows:

Accountant

Advertising agent

Appraiser

Architect

Artist

Assayer

Attorney and counselor at law

Auditor

Bacteriologist

Bail bond broker

Blueprinter

Book agent, resident

Broker or commission agent

Certified public accountant

Chiropodist

Chiropractor

Civil, electrical, mining, chemical, structural, consulting or hydraulic engineer

Collection agency or credit reporting bureau

Dentist

Designer, illustrator or decorator

Detective agency

Draftsman

Drugless practitioner

Electrologist

Engineer (see inclusive description under civil, etc., engineer)

Engraver

Entomologist

Feed, grain and fruit broker

Geologist

Illustrator or show card writer

Insurance or claims adjuster

Interpreter

Lapidary

Lithographer

Masseuse

Mercantile agency

Midwife

Money lender or broker

Mortician

Naturopath

Occulist

Optician

Optometrist

Osteopath

Photographer

Physician or surgeon

Physiotherapist

Piano tuner

Public stenographer

Real estate broker

Roentgenologist

Sign painter

Surgeon or physician

Surveyor

Taxidermist

Termite inspector

Title abstractor or title insurance company

Upholsterer

Veterinarian.

C. Any person conducting a business or following an occupation within the city of a type or kind not specifically enumerated in this code and by law subject to licensing by the city, whether the same is conducted on a commission basis or otherwise, except as otherwise provided, shall pay a license fee in accordance with the schedule set forth in subsection A of this section.

(Ord. 180-78 §1, 1978; Ord. 36-62 §§30, 31, 1962).

A. "Owner," within the meaning of this section, includes the purchaser of a machine regulated by this section under a bona fide confidential sales contract.

B. For every person engaged in the business of operating, renting, leasing or maintaining any automatic vending machine used for the sale of goods, wares or merchandise and controlled by the insertion of a coin, the license fee shall be the sum of four dollars per year per machine.

C. For every person engaged in the business of operating, renting, leasing or maintaining any scales or weighing machine controlled by the insertion of a coin, the license fee shall be the sum of four dollars per year per machine.

D. Notwithstanding the provisions of subsections (B) and (C) of this section, for every person engaged in the business of operating, renting, leasing or maintaining any automatic vending machine used for the sale of goods, wares or merchandise and controlled by the insertion of a coin not in excess of one cent, the license fee shall be the sum of five dollars per quarter year, regardless of the number of machines maintained or operated by such person.

E. The provisions of this section shall not apply to any person who owns his own vending or weighing machines and who operates the same on business premises operated by him and for which he pays a business license to the city.

(Ord. 36-62 §32, 1962).

A. Every person who is engaged in the business of general contractor or builder, including subcontractors, shall pay an annual license fee of fifty dollars per year or twenty-five dollars per quarter.

B. As used in this section, "person" includes any partnership, corporation or association of contractors operating under a single license issued by the state.

C. Notwithstanding Section 5.04.130(A) of this chapter, all licenses pursuant to this section shall become effective on the date of purchase.

(Ord. 325-94 §4, 1995: Ord. 36-62 §33, 1962).

Cosmetology or hairdressing schools, where instruction is given in the use of cosmetics or art of hairdressing, shall pay a fee of fifty dollars per year.

(Ord. 36-62 §34, 1962).

Persons selling or disposing of goods, wares or merchandise of any kind or description whatsoever by means of any device of skill or by games involving skill shall pay a license fee of five dollars per day.

(Ord. 36-62 §46, 1962).

Hospitals shall pay a license fee of thirty dollars per year. Charitable organizations operated on a nonprofit basis are exempt.

(Ord. 36-62 §35, 1962).

Every person engage in the business of conducting or operating any hotel, motel, roominghouse, boardinghouse, apartment house, lodginghouse, house court or bungalow court or trailer camp, or engaged in the business of renting or letting rooms, apartments, trailer spaces or other accommodations for dwelling, sleeping, housekeeping or lodging, having four or more units or rooms, shall pay an annual license tax computed as follows:

A. Four to nine rooms, units or trailer spaces, twenty dollars per year;

B. Ten to fourteen rooms, units or trailer spaces, twenty-five dollars per year;

C. Fifteen to nineteen rooms, units or trailer spaces, thirty-five dollars per year;

D. Twenty to thirty rooms, units or trailer spaces, forty-five dollars per year;

E. Thirty rooms, units or trailer spaces and over, sixty dollars per year.

(Ord. 36-62 §36, 1962).

Junk dealers or dealers in rags, bones, bottles, sacks, cans, papers, scrap iron or scrap metal shall pay a license fee of twenty-five dollars per quarter.

(Ord. 36-62 §37, 1962).

For each person carrying on a business consisting mainly of manufacturing, packing, processing, canning or fabricating any goods, wares, merchandise or produce, the annual license tax shall be computed as follows: eighteen dollars per year plus two dollars for each employee of the first twenty-four employees in excess of one, plus one dollars per year for each employee in excess of twenty-four; provided, however, that the maximum annual license tax for any such manufacturer or processor shall not exceed two hundred fifty dollars.

(Ord. 36-62 §38, 1962).

The sale of merchandise or advertisement by traveling merchants, hawkers, vendors or peddlers or street fakirs, or the advertising of goods, wares or merchandise of any description by the aid of music, singing, dancing, jugglery, tricks, sleight-of-hand, buffoonery or gymnastics, or by the aid of spectacular displays, shows or performances, or speeches, declarations or oratory, or any performance on the street or at any public place in the city calculated to draw a crowd about the person selling or advertising, shall pay a license fee of fifty dollars per day.

(Ord. 36-62 §39, 1962).

Pawnbrokers shall be licensed at the rate of fifteen dollars per quarter.

(Ord. 36-62 §40, 1962).

Peddlers at retail of fruits, vegetables, butter, eggs, meat, poultry or any other agricultural products shall pay a license fee of twenty-five dollars per quarter.

(Ord. 36-62 §41, 1962).

A. Telephone companies and other public utilities directly serving customers within the city shall pay an annual license tax equal to that provided by Section 5.04.290 for manufacturers and processors, or that provided by Section 5.04.350 for retail and wholesale sales not specifically enumerated, whichever is the lower annual tax, unless the public utility concerned pays a franchise or other tax to the city, in which event no business license tax shall apply.

B. For the purposes of this section, "person engaged in the business of providing telephone services" means a telephone company, as that term is used in Article 13, Section 14 of the Constitution of California.

(Ord. 109-71 §1, 1971: Ord. 36-62 §43, 1962).

Refreshment stands shall pay a license fee of five dollars per day.

(Ord. 36-62 §44, 1962).

For every person carrying on a business consisting of selling at retail or wholesale any goods, wares and merchandise or commodities, or in conducting, maintaining or carrying on any trade, occupation, calling or business, not specifically licensed by this chapter, the annual license tax shall be fifteen dollars per year, plus four dollars per year for each employee for the first four employees in excess of one, plus two dollars per year for each employee in excess of five.

(Ord. 36-62 §45, 1962).

Shoeshine stands shall be licensed at the rate of five dollars per year.

(Ord. 36-62 §47, 1962).

All solicitors, including book agents, for the sale of books, maps, cards, pictures, postcards, magazines and itinerant photographers, shall pay, at the time the license is obtained, a fee of twenty-five dollars per quarter.

(Ord. 325-94 §5, 1995: Ord. 36-62 §48, 1962).

Taxicab owners shall pay an annual license fee equivalent to twelve dollars per year for the first cab, plus six dollars for each additional cab above one operated during the preceding year. Taxicab drivers shall pay a license fee of four dollars per year.

(Ord. 36-62 §50, 1962).

A. The provisions of this chapter shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business, or require the payment of any license fee, from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly, by any person; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts from the same are to be appropriated to any church or school, or to any religious or benevolent purpose within the city; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture whenever the receipts from the same are to be appropriated for the purpose and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation.

B. Nothing contained in this chapter shall be deemed to exempt any such institution from complying with the provisions of this chapter requiring such institution or organization to obtain a permit from the city council or proper official to conduct, manage or carry on any business.

C. Nothing in this section shall exempt any business (whether operated for profit or for charitable purposes) from the requirement of a business license which engages in the business of growing, processing, manufacturing, packaging, handling, transporting, testing, distributing, storing, or selling cannabis or any product containing cannabis or its derivatives.

(Ord. 36-62 §51, 1962).

(Ord. No. 441-2017, § 3, 11-9-2017)

A. Every person claiming to be entitled to exemption from payment of any license fee provided for in this chapter upon the grounds that the imposition of such fee casts an unlawful burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulation of interstate commerce by the United States, shall file a verified statement with the officer or employee of the city having charge of the collection of licenses, disclosing the interstate or other character of his business entitling such exemptions.

B. Such statements shall state the name and location of the person for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares, merchandise or services to be delivered or performed, the place from which the same are to be shipped or forwarded or the services performed, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary; other papers used by such persons in taking orders shall be attached to the affidavit.

C. If it appears that the applicant is entitled to such exemption, such applicant shall be issued a free license.

(Ord. 36-62 §52, 1962).

Those persons designated in Section 16001 and 16001.5 of the Business and Professions Code of California as permitted the occupations therein designated without cost or license therefor, upon first exhibiting to the city clerk evidence of such character as shall satisfy the collector that the person is one so designated by either or both of such statutes as being so permitted, shall receive a free license for peddling and soliciting. Applicants for free licenses under this section shall be required to comply with all other provisions of this chapter pertaining to the licensing of peddlers or solicitors.

(Ord. 180-78 §2, 1978: Ord. 36-62 §53, 1962).

The provisions of this chapter shall not be construed as requiring farmers, poultrymen or horticulturists residing and doing business in the county to procure a license under this chapter for the privilege of selling exclusively their own products. This exception shall not apply to nurseries or other commercial establishments who buy goods for resale as well as selling their own produces.

(Ord. 36-62 §54, 1962).

In all cases of doubt as to any applicant being entitled to an exemption from any license tax, or from the application of any of the provisions of this chapter, the burden of establishing the right of such exception shall be upon the applicant. All applicants for exemption in such cases shall be referred to the city council, which shall consider and act upon the same and grant or refuse such exemption, as in the use of its discretion it deems just. In the event the city council refuses an exemption, the applicant therefor shall be entitled to a hearing before the city council upon request therefor, at which time the city council shall review the matter.

(Ord. 36-62 §55, 1962).

The city clerk shall keep in his office a ledger in which he shall keep the account of all matters pertaining to the licenses mentioned in this chapter.

(Ord. 36-62 §12, 1962).

A. The issuance of a license under this chapter shall not entitle the licensee to engage in any business which for any reason is in violation of any state or federal law or regulation, this chapter, or any other provision of this code.

B. No license will be issued for any business or organization which, in the opinion of the city clerk, would be operating in violation of any state or federal law or regulation, or any other provision of this code.

C. If an applicant is refused a license under subsection B, above, the applicant shall have the right to appeal the decision to the city council.

D. If a business which is licensed under this chapter involves any activity which, in the opinion of the city clerk, is in violation of any state or federal law or regulation, or any other provision of this code, the city clerk may request the city council to revoke the license after giving the licensee not less than five calendar days' written notice of the hearing.

E. Notwithstanding the prohibitions of subsections A and B, hereinabove, a business license may be issued to a cannabis-related business if the business is otherwise permitted by this code and under state law, and the applicant and business have met all requirements for the operation of such business.

(Ord. 36-62, § 4, 1962).

(Ord. 394-2010, § 1, 2-11-2010; Ord. No. 441-2017, § 1, 11-9-2017)

No statement pertaining to any business or occupation shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting, by appropriate action, such sum as is actually due and payable under this chapter. Such statement, and each of the several items therein contained, shall be subject to audit and verification by the city clerk, his deputies or authorized employees of the city, who are authorized to examine, audit and inspect such books and records of any licensee or applicant for license as may be necessary, in their judgment, to verify or ascertain the amount of license fee due.

(Ord. 36-62 §5, 1962).

All licensees, applicants for licenses and persons engaged in business in the city are required to permit an examination of such books and records for the purposes set forth in Section 5.04.460.

(Ord. 36-62 §6, 1962).

It shall be duty of the chief of police and all police officers of the city to make diligent inquiry as to all persons in this city liable to pay a license fee as provided in this chapter.

(Ord. 36-62 §15, 1962).

The information furnished or secured pursuant to this section or Sections 5.04.080 and 5.04.480 shall be confidential. Any unwarranted disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this chapter.

(Ord. 36-62 §7, 1962).

If any person fails to file any required statement within the time prescribed, or if, after demand therefor made by the city clerk, he fails to file a corrected statement, the city clerk may determine the amount of license tax due from such person by means of such information as he may be able to obtain.

(Ord. 36-62, § 9, 1962).

In case a determination is made pursuant to the provisions of Section 5.04.500, the city clerk shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States post office of the city, postage prepaid, addressed to the person so assessed at his last-known address. Such person, within thirty days after the mailing or serving of such notice, may make application in writing to the city clerk for a hearing before the city council on the amount of the license tax. If such application is made, the city clerk must cause the matter to be set for hearing within fifteen days.

(Ord. 36-62 §10, 1962).

The conviction and punishment of any person having engaged in business without a license shall not excuse or exempt such person from the payment of any license fee due or unpaid at the time of conviction, and nothing in this chapter shall prevent criminal prosecution for any violation of any provision of this chapter.

(Ord. 36-62 §16, 1962).

The chief of police and all police officers of the city shall have and exercise the power to make arrests for the violation of any of the provisions of this chapter and to enter upon business premises, free of charge, at any time a license is required by this chapter, and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such businesses; and if such person then and there fails to exhibit such license, such person shall be liable to the penalties provided by this chapter for a violation of this chapter.

(Ord. 36-62 §24, 1962).

If any annual, quarterly or daily license fee provided for by this chapter remains unpaid at the end of the calendar month in which it becomes due and payable, a penalty of five percent per month shall be added to the same for each month that it remains unpaid, not exceeding in the aggregate a total penalty of fifty percent of the amount of the license fee. Any such penalty so imposed shall be collected by the person in charge of the collection of the license to which the penalty is added. The penalty contained in this section is in addition to the penalty provided for in Section 5.04.550.

(Ord. 36-62 §25, 1962).

Any person violating any of the provisions of the ordinance codified in this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in an amount not to exceed the maximums established in Government Code Section 36900(b), which currently is one hundred dollars for a first offense, two hundred dollars for a second conviction within one year, and five hundred dollars for each additional conviction of the same ordinance within one year.

(Ord. 325-94 §6, 1995: Ord. 180-78 §3, 1978: Ord. 138-75, 1975: Ord. 109-71 §2, 1971: Ord. 36-62 §57, 1962).