Yolo County Municipal Code Art. 5 Licenses

Any person required to apply for and obtain a Permit under the provisions of this Chapter shall prepare and submit to the Business Licensing Officer an application for such Permit on forms provided for such purpose by the County. In addition to any other information required by the County, the application shall indicate whether the applicant sells or intends to sell any Tobacco Product or Tobacco Paraphernalia as those terms are defined in Chapter 15 of Title 6 of this Code. (§ 2, Ord. 960, eff. October 6, 1983, amended by § 3, Ord. 1350, eff. June 15, 2006)

Every person subject to the licensing provisions of this chapter, at the time of the effective date of said provisions, shall make an application therefor on or before the effective date of the ordinance enacting the licensing provisions. All other persons required by this chapter to have a license shall make an application before the commencement of any activity for which a license is required. The license shall authorize the person obtaining it to conduct the license activities for the period named in the license. (§ 2, Ord. 960, eff. October 6, 1983)

If the same type of business is carried on at more than one location, a separate license shall be required for each location. (§ 2, Ord. 960, eff. October 6, 1983)

When a license specifies the location of the business license, the licensee may conduct such business only at the location specified in the license. (§ 2, Ord. 960, eff. October 6, 1983)

A license may be issued pursuant to this title to a corporation duly authorized to transact business in the State, or to a person operating under a fictitious name, who has complied with the provisions of Chapter 5 of Part 3 of Division 7 of the Business and Professions Code of the State (commencing with Section 17900) or any statute superseding or taking the place of such provisions; otherwise, all such licenses shall be issued in the true name of the person applying therefor. Except as otherwise provided in this section, no business so licensed may operate under any false or fictitious name. (§ 2, Ord. 960, eff. October 6, 1983)

Licenses granted pursuant to this chapter shall not permit any occupation or activity of any kind which is prohibited by this title or any other law or by any statute, rule, order, decision, or regulation. (§ 2, Ord. 960, eff. October 6, 1983)

Under certain circumstances, a new or renewal license may be issued in the absence of affirmation or inspection by the various officers who identify deficiencies or violations of laws to be enforced. Such circumstances are the result of the time periods set to promote the expeditious processing of applications and reduce delays to waiting applicants. For such reasons, a license may be issued notwithstanding the existence of violations of the laws sought to be enforced. Neither the issuance nor the receipt of a license shall constitute evidence of compliance with the laws sought to be enforced or a representation or assurance to the recipient upon which reliance is authorized or intended by the County that the enterprise for which the license is issued or the property or permits upon or in which the enterprise is located complies with such laws. (§ 2, Ord. 960, eff. October 6, 1983)

Unless otherwise specifically allowed by this title, no license issued pursuant to this chapter shall be transferred from one person to another person, or from one location to another location, or from one type of business to another. (§ 2, Ord. 960, eff. October 6, 1983)

If a license is issued to a partnership, and the partnership is changed by the addition of new partners, the license may be transferred to the new partnership if the new partnership makes an application for such transfer in the same manner as for a new license and pays to the Business Licensing Officer a transfer fee in the amount established by the Board of Supervisors by resolution. Any new partner shall be fingerprinted if such is required of the original applicant. (§ 2, Ord. 960, eff. October 6, 1983)

(a) The Business Licensing Officer shall refer the application to the Code Enforcement Officer, Building Official, the Fire Marshal, the Health Officer, the Planning Director, and the Sheriff-Coroner, who shall cause such investigations as they deem appropriate to be made of the facts stated in the application and of the activity for which the application is made, and who shall make a report thereon to the Business Licensing Officer. (§ 2, Ord. 1356, eff. January 11, 2007)

Business involving the application of pesticides and/or herbicides shall be referred to the Agricultural Commissioner, who shall make a report to the Business Licensing Officer regarding the application. Businesses involving the sale of firearms shall comply with the Federal Firearms Code.

(b) If, based upon the application, the investigation, reports, or supplements thereto, or any further investigation the Business Licensing Officer may cause to be made, he finds that the applicant is in compliance with the standards specified by this chapter, the Business Licensing Officer shall order the issuance of the license.

(c) If he finds that compliance with such standards can be obtained by the applicant, the Business Licensing Officer may issue a license subject to reasonable conditions.

(d) If he finds that the applicant cannot comply with the standards specified by this chapter, the Business Licensing Officer shall deny the license. Applications for veterans or severely physically handicapped exemptions shall be referred to the Emergency Services Coordinator of Social Services who shall make an investigation and determination and report thereon.

(e) If the Business Licensing Officer fails to grant or deny an application within ten (10) calendar days after filing, the application shall be deemed granted; provided, however, this provision shall not apply to applications required solely by the effective date of the ordinance enacting the licensing provisions. If an application requires further review beyond the 10 calendar days it must be with the mutual consent of both the applicant and County. (§ 2, Ord. 960, eff. October 6, 1983, as amended by § 2, Ord. 1275, eff. December 6, 2001, as amended by § 2, Ord. 1356, eff. January 11, 2007)

All applications for licenses issued pursuant to this chapter shall be in the form prescribed by the Business Licensing Officer. Such form shall require the applicant to state whether or not hazardous materials in each of the categories as defined in Section 12-2.201 of Article 2 of Chapter 2 of this title are located on any premises to be occupied for business purposes and whether or not a disclosure form is required by Chapter 2 of this title for each of the categories. Such form shall also require the applicant to provide information necessary to determine whether any permits are required from the Yolo-Solano Air Quality Management District, or successor in interest. All applications shall be executed under penalty of perjury.

If employees (part or full-time) are listed on the business license, business owners are required to provide proof of Workers’ Compensation Insurance as provided for in Section 3700 of the Labor Code or evidence that Workers’ Compensation Insurance is not required by law. (§ 2, Ord. 960, eff. October 6, 1983, as amended by § 2, Ord. 1275, eff. December 6, 2001, as amended by § 2, Ord. 1356, eff. January 11, 2007)

The term of a business license shall be one year. Every business license issued pursuant to this chapter shall terminate on January 31st of each year. (§ 2, Ord. 960, eff. October 6, 1983, as amended by § 2, Ord. 127, as amended by § 2, Ord. 1275, eff. December 6, 2001)

Each application and each appeal shall be accompanied by the fees prescribed by resolution of the Board of Supervisors. Such fees shall in no event exceed the actual cost to the County to conduct the services required to satisfy the requirements of this chapter. The submission of an application or an appeal shall not be deemed to be complete until such fees are paid to the Business Licensing Officer. (§ 2, Ord. 960, eff. October 6, 1983)

Any order of the Business Licensing Officer issuing or denying a license may be appealed by the applicant to the Business License Appeals Board. (§ 2, Ord. 960, eff. October 6, 1983)

The Business Licensing Officer shall make his order granting, granting with conditions, or denying the application in writing and shall mail a copy thereof to the applicant. The order shall become final on the fifteenth (15th) day following such mailing, unless the applicant shall file an appeal. (§ 2, Ord. 960, eff. October 6, 1983)

Appeals from orders of the Business Licensing Officer shall be made in writing, and shall specify and set forth the grounds for the appeal, and shall be filed by the appellant with the Business Licensing Officer. The Business Licensing Officer shall cause the matter to be set for a hearing before the Business License Appeals Board within thirty (30) days after filing and shall give the appellant no less than fifteen (15) days’ written notice of such date of hearing. (§ 2, Ord. 960, eff. October 6, 1983)

At the hearing upon an initial application, the appellant shall bear the burden of proof. At the hearing upon a renewal application, the Business Licensing Officer shall bear the burden of proof. Upon hearing the appeal, the Business License Appeals Board shall grant the business license or grant the business license upon conditions if it is found that the establishment, business, or activity applied for meets the standards prescribed by this title. In the event such establishment, business, or activity fails to meet the standards prescribed by this chapter, the Business License Appeals Board shall deny the application. The Business License Appeals Board for good cause shown may impose other conditions or requirements for such business licenses. The decision shall be made within thirty (30) days after the conclusion of the hearing. (§ 2, Ord. 960, eff. October 6, 1983)

Any business license issued pursuant to this chapter may be suspended or revoked by the Business License Appeals Board upon a petition by the Business Licensing Officer if the Business License Appeals Board finds that:

(a) A court of competent jurisdiction has determined that the establishment, business, or activity has caused or become a public nuisance; or

(b) The licensee has violated a condition of the business license; or

(c) Due to a change in circumstances and conditions, the continuance of the establishment, business, or activity is hazardous to the public health, welfare, or safety; or

(d) The applicant for the permit made a material misrepresentation of facts in the application or supporting statements; or

(e) The establishment, business, or activity is maintained in violation of the standards prescribed by this title. (§ 2, Ord. 960, eff. October 6, 1983)

A petition to suspend or revoke a business license shall be filed with the Business License Appeals Board by the Business Licensing Officer accompanied by a statement of the grounds or reasons for such action. At the time of filing, the Business Licensing Officer shall set the matter for a public hearing before the Business License Appeals Board and shall serve the licensee with a notice of the hearing and a copy of such petition by certified mail no less than fifteen (15) days prior to the hearing. (§ 2, Ord. 960, eff. October 6, 1983)

At the hearing, the burden of proof shall lie with the Business Licensing Officer. Upon hearing the petition of the Business Licensing Officer and the response of the licensee at such public hearing, the Business License Appeals Board may suspend or revoke the permit if it finds that any of the grounds set forth in Section 12-1.518 of this article exist or have occurred. The Business License Appeals Board shall deny the petition for a suspension or revocation if it finds that none of such grounds for suspension or revocation exist or have occurred. (§ 2, Ord. 960, eff. October 6, 1983)

The provisions of Section 1094.6 of the Code of Civil Procedure of the State shall apply to all determinations of the Business License Appeals Board, and any petition for a writ of mandate pursuant to Section 1094.5 of said Code of Civil Procedure shall be filed not later than the ninetieth (90th) day following the date on which the determination becomes final. A determination of the Business License Appeals Board shall become final upon the date a copy thereof is mailed to the appellant by certified mail. Such a determination shall provide notice that the time limit within which a judicial review shall be sought is governed by Section 1094.6 of said Code of Civil Procedure. (§ 2, Ord. 960, eff. October 6, 1983)

If the Business License Appeals Board finds, upon a verified application setting forth the facts relied upon, that the suspension pending the effective date of a final order of the Business License Appeals Board is required by an immediate hazard to the public health, safety, or general welfare, the Business License Appeals Board may issue:

(a) An order suspending a business license pending a hearing upon a petition for suspension or revocation; or

(b) An order prohibiting the activity for which the license is sought upon an appeal from an order denying a license. (§ 2, Ord. 960, eff. October 6, 1983)

An order of the Business Licensing Officer granting or denying an application shall not become effective until the expiration of the time for an appeal, and, if an appeal is filed, such an order shall not become effective until the appeal is dismissed or an order of the Business License Appeals Board thereon becomes final. (§ 2, Ord. 960, eff. October 6, 1983)