West Covina Municipal Code § 14-29 Register

The purpose of this article is to license, for revenue, and/or regulation, the carrying on in the city of various lawful businesses, professions, trades, callings, and/or occupations. Where it is lawful to license only for regulation, then the license hereunder is for that purpose. And where it is lawful to license only for revenue, the license hereunder is for that purpose only.

(Code 1960, § 6213)

For the purpose of this article, the following terms shall have the indicated meanings:

Conduct or carrying on shall mean and include the engaging in, carrying on, owning, maintaining, managing, or operating any business, trade, art, profession, calling, employment, occupation, show, exhibit, game, or enterprise, or any commercial, industrial, or professional pursuit or vocation.

Fixed place of business is a location in the city at which is kept a substantial stock of merchandise or equipment generally kept in connection with businesses of like nature or character and upon which city and county taxes are assessed and paid, or any established physical location within the city where a business, trade, art, calling, employment, occupation, show, exhibit, game, or enterprise, or commercial, industrial, or professional pursuit or vocation is conducted.

Gross receipts shall mean the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the selling of goods, wares or merchandise for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction there from on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever; provided, that cash discounts allowed or taken on sales shall not be included. "Gross receipts" shall also include the amount of any federal manufacturer's or importers' excise tax included in the price of the property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or upon the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any state, city, or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part of payment on any property so accepted for resale.

Illegal shall mean contrary to any applicable law, code, regulation, statute, order, ordinance, or any other legislative, judicial and quasi-judicial act, of the United States of America, the State of California, and the City of West Covina, or their subdivisions.

Lawful shall mean in harmony with all applicable laws, codes, regulations, statutes, orders, ordinances, and all other legislative, judicial or quasi-judicial act, of the United States of America, the State of California, and the City of West Covina, and their subdivisions.

Peddling shall mean and include traveling or going from place to place, or from house to house, within the city, and peddling, hawking, vending or selling any goods, wares, or merchandise, carried or caused to be carried or conveyed by or with the person peddling, hawking, vending or selling the same.

Sale shall mean the act of transferring property to another in exchange for money or other valuable consideration.

Sell shall mean the giving of property to another for money or other valuable consideration, including compensation for actual expenses or reasonable compensation incurred for services provided to another. "Sell" shall include offering to sell or contracting to sell at wholesale or retail, of any goods, wares or merchandise.

Soliciting shall mean and include traveling, or going from place to place, or from house to house, within the city, and soliciting or taking orders for any goods, wares or merchandise for future delivery. This definition shall not apply to charity soliciting.

Special services officer shall include "license inspector."

Time spans. A part of a day shall be deemed a day, more than fifteen (15) days and less than a month shall be deemed a month; and more than one month and less than two (2) months shall be deemed two-thirds (⅔) of a quarter; and more than two (2) months and less than three (3) months shall be deemed a quarter.

Unlawful shall mean contrary to or in violation of any applicable law, code, regulation, statute, order, ordinance, or any other legislative, judicial or quasi-judicial act, of the United States of America, the State of California, and the City of West Covina, or their subdivisions.

(Code 1960, §§ 6206, 6027, 6213, 6236; Ord. No. 1972, § 2, 4-7-96; Ord. No. 2160, § 1, 5-1-07)

Cross reference— Definitions for Code generally, §§ 1-8—1-26.

No person shall commence to carry on or carry on any business, show, exhibition, game, occupation, profession, or enterprise in the city, without having first procured from the city a license to do so. In addition such business, show, exhibition, game, occupation, profession, or enterprise shall comply with all regulations for such business, show, exhibition, game, occupation, profession, or enterprise contained in this Code. The carrying on of any such business, show, exhibition, game, occupation, profession or enterprise without first having procured a license from the city to do so, or the failure to comply with any and all regulations for such business, show, exhibition, game, occupation, profession, or enterprise contained in this Code shall constitute a separate violation of this Code for each and every day that such business, show, exhibition, game, occupation, profession, or enterprise is so carried on.

(Code 1960, § 6201; Ord. No. 2196, § 3(Exh. A(1)), 9-1-09)

(a) A separate license, as required by this article, shall be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location. Each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license.

(b) Warehouses and distributing centers used in connection with and incidental to a business licensed pursuant to the provisions of this article shall not be deemed to be separate places of business or branch establishments.

(Code 1960, § 6222)

No person shall drive or operate, or use any vehicles in the conduct of business within the city without a license being attached as required in this article, or remove, or deface, or cover up the same, or place the same upon any vehicle other than a vehicle used by the applicant in his business or drive or operate any vehicle after the expiration of the period for which any license was issued without payment of a new license fee.

(Code 1960, § 6228)

Before any license required by this article is issued to any person, such person shall make application therefore to the license collector of the city. The application for a license required by this article shall include a sworn statement, upon a form provided by the license collector, setting forth the following information:

(1) The exact nature or kind of business for which a license is requested;

(2) The place where such business is to be carried on;

(3) If the amount of the license tax to be paid by the applicant is based upon the average number of employees, such application shall set forth the average number of employees for the applicable period;

(4) A certification that the business will be operated in accordance with all applicable federal, state and city laws and regulations;

(5) Any further information which the license collector may require to issuance of the type of license applied for.

(Code 1960, § 6203; Ord. No. 2160, § 2, 5-1-07)

(a) Whenever any license tax mentioned in this article is based on the number of employees, the term "employee" shall include all proprietors, partners, managers, officers, office and directional personnel and all other employees who are actively engaged in the business within the city, whether permanent or temporary, full or part time. The number of employees shall be the average number engaged in the business during the preceding calendar year or during any such portion thereof as the business was in operation.

(b) The average number of employees shall be determined as follows: The total number of employees employed during each of the weeks prior to March 15, June 15, September 15, and December 15, divided by the number of quarters for which the number of employees was greater than zero. All calculations are to be rounded up to the nearest whole number.

(c) In the case of beginning businesses, the number of employees shall be estimated by the applicant and the tax paid on the estimate but shall be adjusted to the actual number as determined under subsection (b) within thirty (30) days after the close of that calendar year.

(d) In the case of beginning businesses opening in the last quarter of the calendar year, the number of employees shall be estimated by the applicant and the tax paid on the estimate but shall be adjusted to the actual number as determined under this subsection (d) within thirty (30) days after the close of that calendar year. The average number of employees shall be determined as follows: The total number of employees employed during each of the weeks prior to October 15, November 15, and December 15, divided by the number of months for which the number of employees was greater than zero. All calculations are to be rounded up to the nearest whole number. This number shall also be used to calculate the license fee for the next calendar year.

(e) The application for business license each year shall correctly set forth the number of employees applicable to the determination of the license fee.

(Code 1960, § 6211; Ord. No. 1486, § 1, 8-25-80; Ord. No. 1829, § 1, 11-13-89)

In any trade or profession where a state license is required, such license shall first be exhibited to the license collector before a city license required by this article will be issued.

(Code 1960, § 6212)

No license required by this article shall be issued to any person conducting or carrying on any business, show, exhibition, game, occupation, profession, or enterprise, under a fictitious name, unless an affidavit is filed in the office of the license collector of the city showing the true names of the owners of such business, exhibition, game, occupation, profession, or enterprise; provided, however, that such license may be issued in the true names of the owners of such business, show, exhibition, or game, without the filing of such affidavit.

(Code 1960, § 6204)

Where the conduct of any licensee under this article specified may become dangerous to or affect the public health, peace or safety, the city council may refuse to grant the license. Where the conduct of any licensee in this article specified may become unlawful the city council may refuse to grant the license.

(Code 1960, § 6238; Ord. No. 2160, § 3, 5-1-07)

(a) All licenses issued under and by virtue of this article shall be signed by the license collector and for the purposes of this article, the chief financial officer or his/her designee is designated as license collector. The license collector shall set forth in such license the name of the party to whom the license is issued, the nature of the trade or business licensed to be pursued, the time for which the same is granted, the date thereof, the amount paid therefore and the location where said business, trade or profession is to be carried on.

(b) No license issued pursuant to this article shall be construed as authorizing the conduct of or continuance of any activity that is illegal or unlawful. Nothing in this chapter shall waive the city's ability to seek revocation in accordance with section 14-30 of a business license issued by the license collector to any licensee believed to be engaging illegal or unlawful business activities, or is furnishing, selling or provisioning of any service, good, or product that is illegal or unlawful. This section is declaratory of existing law.

(Code 1960, § 6234; Ord. No. 1311, § 7, 8-9-76; Ord. No. 1892, § 2, 11-25-91; Ord. No. 2160, § 4, 5-1-07)

Every person having a license under this article and carrying on a business or pursuit at a fixed place of business, shall keep such license posted in a conspicuous place in such place of business so as to be easily seen; and every person having a license, but not carrying on a business or pursuit at a fixed place of business, shall exhibit such license whenever required to do so by the license collector or by any public officer.

(Code 1960, § 6221)

No license granted or issued under the provisions of this article shall be in any manner transferred or assigned, nor shall it authorize any person other than those therein mentioned or named to do business, without the written consent of the license collector endorsed thereon; at the time any such license is assigned or transferred, the person applying for such transfer or assignment shall make application for a license showing that he is continuing the same business already licensed and paying a transfer fee as established in the schedule of fees; provided, however, that, a transfer or assignment of a license, the fee of which is based on gross receipts, shall not be authorized.

(Code 1960, § 6205; Ord. No. 1486, § 2, 8-25-80; Ord. No. 1709, § 1, 1-13-86)

The license collector shall keep a record in which he shall enter all licenses issued by him pursuant to this article, the date thereof, to whom issued, for what purpose, the location where the same is to be carried on, the time when the license expires, and the amount thereof. He shall make a monthly report to the council of all licenses collected.

(Code 1960, § 6217)

(a) Every license granted under the provisions of this article or any preceding ordinance is granted and used by all parties receiving or using the same subject to the city council's ability to suspend or revoke such license as follows:

(1) Facts exist sufficient to have denied the application;

(2) The person to whom such license was issued or any of his/her agents, servants or employees or any other person in charge of or employed about the business for which the same was issued, has violated any of the conditions of the license, or terms of this Code or any other applicable law or regulation;

(3) The license was obtained by false or misleading or fraudulent representations;

(4) The business is being or has been conducted as a public nuisance.

No license shall be suspended or revoked without giving the holder the opportunity to appear before the city council and be heard on his/her own behalf.

(b) The city council shall cause a notice of such hearing to be given to the holder of such license at a time not less than five (5) days before the hearing. At the time set for the hearing or at the date to which such hearing may be continued by the city council, the holder of the license may be heard and may present any facts to show why such license should not be revoked, and the city council shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked, and may, if it so desires, place under oath and question any person before it; provided that, the city council may close the hearing when it is convinced that no public good will result from its continuance.

(c) At the close of the hearing, or at any time within thirty (30) days thereafter, the city council shall determine from the facts produced at the hearing, and from any other facts in its possession, whether or not the license should be revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the city council deems for the public good.

(d) On the revocation of the license, no part of the money in the hands of the city shall be returned, but such license fee shall be forfeited to the city.

(e) Notice of such revocation shall be given to the license holder by the license collector.

(f) A license may be suspended for such time and subject to such conditions as the city council may impose in the same manner and for the same reasons that a license may be revoked.

(Code 1960, § 6239; Ord. No. 1431, § 10, 4-9-79; Ord. No. 1972, § 3, 4-7-96)

(a) In addition to the grounds stated in any other section of this Code, the city council after a hearing as provided in section 14-30 shall suspend for not less than ten (10) days nor more than sixty (60) days a tow truck operator's business license or an ambulance operator's business license granted pursuant to this article if it finds that any such licensee, his agent or employee, general manager or person who is exercising managerial authority of or on behalf of the licensee has been convicted of violating section 6152 of the Business and Professions Code.

(b) In addition to the grounds stated in any other section of this Code, the city council after a hearing as provided in section 14-30 shall revoke a tow truck operator's business license or an ambulance operator's business license pursuant to this article if it finds that any such licensee, his agent or employee, general manager, or person who is exercising managerial authority of or on behalf of the licensee or any combination of such persons has been convicted of violating section 6152 of the Business and Professions Code more than once in any twelve-month period.

(Code 1960, § 6239.1; Ord. No. 1260, § 1, 12-9-74)

(a) Where a yearly license fee is provided for in this article the same shall apply to the calendar year of January first to the following December thirty-first.

(b) As an alternative method, the city council may designate by resolution that business license fees shall be paid on a fiscal year of July first to the following June thirtieth. Any license which is so designated by resolution of the city council and which expires December thirty-first shall be renewed for a period to expire on the following June thirtieth subject to renewal thereafter on a yearly basis.

(Code 1960, § 6208; Ord. No. 1660, § 1, 12-20-84)

(a) The license collector shall prepare and issue all licenses covered by this article and collect the license charges therefore. The license collector shall require the applicant for each such license to state in writing the character of the business to be conducted or carried on and the location thereof, and the license issued shall also state such facts. The license collector shall keep a copy of each business license application returned for consideration applicants.

(b) No license shall be issued on any application, if the place where the business, trade or occupation is to be carried on is not in the proper zone therefore in accordance with the provision of chapter 26 of this Code. The license collector and planning manager shall each keep a copy of every approval, denial, or other determination made by the planning division for each business license application submitted for consideration applicants.

(c) No license shall be issued on any application, if the conduct of such applicant is unlawful or the provision or sale of any service or product of such applicant is illegal.

(Code 1960, § 6215; Ord. No. 2160, § 5, 5-1-07)

In no case shall any error made by the license collector, or any of his deputies, in preparing a license, stating the amount of the charge therefor, or determining the proper zone, prejudice the collection by the city of the amount actually due under this article for the carrying on of any business, trade or occupation, nor shall the issuance of a license by him or any of them authorize the carrying on of any business, trade, or occupation in any zone or location contrary to the provisions of chapter 26 of this Code.

(Code 1960, § 6216)

The license collector is authorized to have access to state and local summary criminal history information in order to enable him to fulfill his license issuance, collection and enforcement duties pursuant to the provisions of this article. The provisions of chapter 1321 of the Statutes of 1974 and of section 432.7 of the Labor Code shall apply to the use of such information.

(Code 1960, § 6218.5; Ord. No. 1324, § 3, 1-10-77)

It is the duty of the chief financial officer to act as license collector and he or she is hereby directed to enforce each and all of the provisions of this article. The city manager and license collector may designate or appoint assistants for the performance of such duties.

(Code 1960, § 6218; Ord. No. 1311, § 1, 8-9-76; Ord. No. 1892, § 3, 11-25-91)

Cross reference— City treasurer, § 2-171.

(a) The license collector, in the exercise of the duties imposed upon him or her under this article, and acting through him or her under this article, and acting through his or her deputies, or duly authorized assistants, shall examine or cause to be examined all places of business in the city and all relevant business records, to ascertain whether the provisions of this article have been fully complied with.

(b) If any person fails to furnish any information or records required by this article upon demand by the license collector, the license collector may issue a subpoena demanding that such person supply the requested information or records. The subpoena shall specifically identify the information or records sought, and indicate the place, date and time at which the information or records must be presented. If any person fails to comply with a regularly issued subpoena, the license collector may apply to the superior court for an order requiring compliance with the subpoena.

(c) The city may recover its costs of audit or subpoena as set out in this section and section 14-68, as such costs are described in Article IX, section 2-406 et seq. The city also may recover the costs, including reasonable attorneys fees, of any litigation, arbitration or other proceeding to recover business license fees or taxes owing for any reason.

(Code 1960, § 6219; Ord. No. 1311, § 2, 8-9-76; Ord. No. 1749, § 1, 8-10-87; Ord. No. 1939, § 4, 8-16-94)

The license collector and each and all of his assistants, the special services officer, and any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein, and demand the exhibit of the license certificate. Any person having such license certificate theretofore issued in his possession or under his control, who willfully fails to exhibit the same on demand shall be guilty of a misdemeanor.

(Code 1960, § 6220; Ord. No. 1311, § 3, 8-9-76)

The business license issued to any newspaper publisher pursuant to section 14-68, category code m, shall authorize the licensee to issue letters of identification to persons under eighteen (18) years of age which are sufficient to identify the person as the representative, agent or independent contractors of the licensee for the purpose of delivering, collecting for or soliciting subscriptions to the newspapers, published by the licensee. No other permit or license shall be required of any such representative under the provisions of this article.

(Code 1960, § 6235.7)

Editor's note— Ord. No. 1972, § 4, adopted April 7, 1996, repealed former section 17-40 in its entirety which pertained to restricted business which required a permit approved by the city council. Said former section derived from the Code of 1960, § 6236, and Ord. No. 1661, § 1, adopted March 11, 1985.

Whenever any person desires to open or keep any business specified in section 14-40, he shall petition the city council to order a license therefor, which petition shall set forth the name of the applicant, the character of the business and the location of the premises where the business is to be conducted, and on the hearing of such petition, the city council may grant the same in whole or in part, or may reject the same and no license shall be issued thereon except as ordered by the city council.

(Code 1960, § 6237)

Section 14-30 and all regulatory provisions of this article shall not apply to those businesses which it is unlawful for a city to regulate because of federal or state law.

(Code 1960, § 6240)

(a) The penalty for the failure to secure a license as required by this article shall be as follows: Whenever the fee required by this article is not paid on or before the date due or within thirty (30) days thereafter, a penalty of ten (10) percent of the amount due shall be imposed, and an additional penalty of ten (10) percent of the original fee shall be added at the close of business of the last day of each calendar month thereafter. Each penalty shall become part of the license fee required by this article. However, in no case shall the total penalty exceed one hundred (100) percent of the original fee.

(b) In the case of a newly established business at a fixed place for which a license is prescribed, no penalty shall be imposed if the fee shall be paid within fifteen (15) days after the commencement of operation. Otherwise penalty shall be imposed as in the case of any other business.

(Code 1960, § 6214)

In addition to the license fees or taxes set out herein, a business license application, renewal or change fee shall be charged to recover the city's costs for such processing.

(Ord. No. 1939, § 3, 8-16-94)