Chapter 5.04 — BUSINESS LICENSES – GENERALLY

Editor's Note: Prior ordinances, or parts of ordinances, contained in this chapter include Ordinance Nos. 21, 55, 62, 126, 155, 160, 176 and 178. § 5.04.010. Short Title.

Articles 1 and 2 of this title shall be known as the "Business License Ordinance" of the City of West Hollywood.

(Prior code § 6300; Ord. 90-269 § 1, 1990)

The purpose of this chapter is to protect the health, safety and welfare by:

• a. Providing a method of monitoring all businesses operating within the city;

• b. Providing adequate information regarding the ownership and operation of businesses within city limits and facilitating contact between the city and those businesses;

• c. Regulating the operation of certain enumerated businesses to ensure that their operation does not adversely affect the general welfare;

• d. Providing for a healthy and stable business community boundaries;

• e. Collecting statistical information regarding businesses within the city;

• f. Monitoring sales tax registration and compliance. (Prior code § 6301; Ord. 90-269 § 1, 1990; Ord. 95-451 §2, 1995)

This chapter shall apply to all businesses located or operating within the boundaries of the City of West Hollywood.

(Prior code § 6302; Ord. 90-269 § 1, 1990)

For purposes of this chapter, the following terms shall have the following meanings:

"Agency review" or "departmental review" shall mean that process by which business license applications are reviewed by designated city departments to determine whether the operation of a particular business activity will conform to the requirements of this chapter.

"Agency sign-offs" shall mean approvals of all governmental agencies required to review and approve an application under this chapter.

"Business" shall mean an establishment engaged in one or more commercial or mercantile activities for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby.

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.04.040

§ 5.04.070

"Business activity" shall mean a commercial or mercantile activity, together with all devices, machines, articles, and appurtenances used therein, which is conducted for the purpose of earning, in whole or in part, a profit or livelihood whether or not a profit or livelihood is actually earned thereby.

"Commission" shall mean the Business License Commission of the City of West Hollywood.

"Director" shall mean the Director of Public Works of the city or whomever he or she may designate in his or her place to perform his or her duties under this chapter.

"Home occupation" shall mean any activity carried out for gain by a resident of a dwelling conducted as a lawful accessory use in the resident's dwelling unit.

"Licensee" shall mean any person holding a business license to operate a business within the City of West Hollywood.

"Person" shall mean any individual, partnership, corporation, or joint-venture which conducts or purports to conduct a business within the City of West Hollywood.

(Prior code § 6303; Ord. 90-269 § 1, 1990; Ord. 91-289 § 1, 1991; Ord. 95-451 §§ 1, 2, 1995; Ord. 08-800 § 1, 2008)

• a. Business Tax Certificate. It shall be unlawful for any person to commence or conduct or purport to commence or conduct, either directly or indirectly, any business activity in the City of West Hollywood without first obtaining a business tax certificate pursuant to Chapter 3.36 of this code and paying the required fees therefor.

• b. Business License. Additionally, all business activities listed in Section 5.08.010 must be licensed pursuant to this chapter.

• c. Advertising Businesses. No person may advertise or announce a business activity located in the City of West Hollywood until he or she has obtained a business tax certificate and, where required, a business license. Advertising or announcement includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements, and purchasing radio and television spots.

(Prior code § 6304; Ord. 90-269 § 1, 1990; Ord. 91-289 § 2, 1991; Ord. 95-451 § 5, 1995; Ord. 17-1019 § 1, 2018)

• a. Business Tax Certificate. Except as set forth in Section 3.36.120, every business is required to obtain a business tax certificate pursuant to Chapter 3.36 of this code. In addition, business owners shall promptly inform the city of any change in operation, ownership, location and/or name.

• b. Business Licenses. Except as otherwise provided in this chapter, all business licenses shall be issued for one year and must be renewed annually.

(Prior code § 6305; Ord. 90-269 § 1, 1990; Ord. 91-289 § 3, 1991; Ord. 95-451 § 6, 1995)

A business tax certificate or a business license may be issued to a corporation or to a person operating under a fictitious name who has complied with all of the provisions of the appropriate

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City of West Hollywood, CA § 5.04.070

WEST HOLLYWOOD CODE

§ 5.04.120

section of the Business and Professions Code of this state. In all other cases, a business must obtain a business tax certificate and, if required, a business license in the true name of the individual, or individuals, so applying.

(Prior code § 6306; Ord. 269 § 1, 1990; Ord. 91-289 § 4, 1991; Ord. 95-451 § 7, 1995)

The Director shall keep all applications and related records for business licenses, renewals and revocations.

(Prior code § 6307; Ord. 90-269 § 1, 1990; Ord. 91-289 § 4, 1991; Ord. 95-451 § 8, 1995; Ord. 08-800 § 2, 2008)

No business tax certificate or business license issued by the city shall be construed as authorizing any business activity which is prohibited under the laws of the United States, the federal and state Constitutions, this code or any applicable law, ordinance, rule or regulation. Any such business tax certificate or business license shall be void.

(Prior code § 6308; Ord. 90-269 § 1, 1990; Ord. 91-289 § 5, 1991; Ord. 95-451 § 9, 1995)

A licensee must report the loss of any license, whether in the form of a sticker, tag, card or paper, or otherwise. The Director shall issue the licensee a duplicate license and cancel the lost or stolen license upon the payment of the prescribed fee.

(Prior code § 6309; Ord. 90-269 § 1, 1990; Ord. 91-289 § 6, 1991; Ord. 08-800 § 2, 2008)

• a. Posting. Every person required to have a business license pursuant to the provisions of this chapter and who conducts, manages or carries on a business activity at a fixed location shall keep that license posted and exhibited in a conspicuous place in the place of business.

• b. Carrying. Every person required to have a business license pursuant to the provisions of this chapter and not having a fixed place of business shall carry such license at all times when conducting the business activity for which such license was issued.

• c. Presentation on Demand. Every person required to have a business license pursuant to the provisions of this chapter shall produce and exhibit the license when requested by any city official authorized to issue, inspect or collect permit and license fees, or authorized to enforce the provisions of this chapter or of the City of West Hollywood Municipal Code.

• (Prior code § 6310; Ord. 90-269 § 1, 1990; Ord. 91-289 § 7, 1991)

• a. Generally. A vehicle permit shall be required for every vehicle used in the conduct of a business activity required to be licensed or permitted pursuant to the provisions of this chapter where such vehicles are used as a regular and necessary part of the business activity. Such businesses include, but are not limited to, tow trucks, private patrol services and valet services. The Director shall issue a gummed sticker for each vehicle covered upon payment of the prescribed fee.

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City of West Hollywood, CA

§ 5.04.120 BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.04.140

• b. Placement. Except as otherwise provided, the sticker shall be placed on the windshield of the licensed or permitted vehicle in such manner as to be clearly visible from outside the vehicle. If, because of the presence of other stickers required by law, the sticker cannot be placed on the windshield, the sticker shall be attached to the vehicle in a conspicuous location, as close as possible to the windshield and in a manner clearly visible from outside the vehicle.

(Prior code § 6311; Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)

The amount of any fees to be collected pursuant to the provisions of this chapter shall be established by resolution of the City Council from time to time. (Prior code § 6312; Ord. 90-269 § 1, 1990)

Applicants or licensees shall consent to entry of the applicant's or licensee's place of business at all reasonable times by any West Hollywood Code Compliance and Los Angeles County Sheriff's Department personnel or other county and state officials responsible for the health, safety, and welfare of the public authorized to enforce the provisions of this chapter or the West Hollywood Municipal Code. Upon presentation of proper credentials by any such personnel or employee, the applicant or licensee shall not interfere, prevent, or unnecessarily delay such inspection. The purpose of such inspection is to ensure that licensees are in compliance with all applicable rules, conditions of approval, and laws. Failure to allow inspection of an inaugurated use shall be grounds for revocation of any city-issued business license or permit. (Ord. 21-1163 § 2, 2021)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.08.010

§ 5.08.010