Chapter 5.04
BUSINESS LICENSES*
Sections:
5.04.030 Health and safety compliance required.
5.04.040 Tax payment and certificate required.
5.04.060 Nontransferability--Changes.
5.04.080 Separate license for each place of business.
5.04.090 Multiple occupancy of place of business.
5.04.100 Conducting business without license.
5.04.160 Fees established by resolution.
5.04.170 Intermittent vendors.
* Prior ordinance history: Ord. 253.
5.04.010 Purpose.
The purpose of this chapter is to license for revenue and regulation, wherever either is legal and lawful, the conduct, management and carrying on of any and all businesses and commercial enterprises within the city of Angels. (Ord. 316 (part), 1991: Ord. 253 §1, 1982)
5.04.020 Definitions.
For the purposes of this chapter certain words are defined and they shall be construed in this chapter as follows:
A. "City" means the territorial limits of the city of Angels.
B. "Council" means the city council of the city of Angels.
C. "Engaging in business," "transacting business" and "carrying on business" mean and include the conduct, management, engaging in, transacting and carrying on of any business, profession, trade, calling, occupation, show, exhibition, game or commercial enterprise of any character or any phase thereof, including the solicitation of business and the delivery of any merchandise, by any person and whether the same is conducted, transacted, engaged in or carried on by the owner, partner, agent, manager, solicitor, club member, officer or employee of such person, or otherwise, and whether or not carried on for profit.
D. "License" refers to the certificate issued to the taxpayer upon the payment of the business tax as set forth in this chapter.
E. "Person" means all individuals, corporations, partnerships, business associations and clubs and organizations of every kind or character transacting, carrying on or engaging in any business in the city of Angels. The term "person" includes an "intermittent vendor," as defined in subsection F of this section.
F. "Intermittent vendor" means any individual who has no permanently established place of business in the city, and who goes place from place, or from door to door, or sets up a temporary stand or place, for the purpose of selling any goods, ware, merchandise, or service, or who solicits orders for the sale of goods, wares, merchandise, or services to be delivered at some future time or date.
G. "Event coordinator" means any person who organizes an event or events within city limits in which two or more intermittent vendors engage in business.
H. "Nonprofit" means any intermittent vendor who is organized for charitable or religious purposes and is engaging in fundraising activities for a charitable or religious entity or organization, provided no private person receives any benefit, gain, or income through, or as part of, such fundraising activities. (Ord. 470 §1, 2015: Ord. 316 (part), 1991: Ord. 253 §11, 1982)
5.04.030 Health and safety compliance required.
All persons transacting business within the city of Angels shall abide by all laws, rules and regulations adopted by the city of Angels and the state of California concerning health and safety in the employment of individuals, and in the event that such persons do not abide by the laws, rules and regulations the city of Angels shall have the right to revoke the business license of the persons. (Ord. 316 (part), 1991: Ord. 253 §3, 1982)
5.04.040 Tax payment and certificate required.
A. Every person who engages in any business in the city of Angels shall pay the appropriate business license tax and obtain the business license certificate prior to the conduct or commencement of such business. The fees are to be paid to the city clerk in an amount established by resolution.
B. This section shall not be construed to require any person to obtain a license of certificate if such requirement conflicts with applicable statutes of the United States Government or the state of California. (Ord. 316 (part), 1991: Ord. 253 §4, 1982)
5.04.050 Applications.
Application for business license shall be filed with the city clerk and shall contain the following information:
A. The name of the person or company to whom the license is issued;
B. The name of the person or persons conducting the business, if different from the name provided for in subsection A of this section;
C. The nature of the business or service to be performed;
D. The place where such business is to be transacted and/or carried on. If such business is not to be carried on at any permanent place within the city, then the home office and mailing address of the business shall be specified;
E. If the registration is made under a fictitious name, the registration shall set forth the names and places of residence of those owning such business;
F. In the event that the application is made under the name of a corporation or partnership, the registration shall set forth the names and places of residence of the officers or partners;
G. If the nature of the business is transient or involves solicitation with no local address the city may require the solicitors or salespersons to be fingerprinted for proper identification. (Ord. 316 (part), 1991: Ord. 253 §6, 1982)
5.04.060 Nontransferability--Changes.
No business license is transferable from one business to another business, except that a license holder may, upon application and payment of a transfer fee, set by resolution, have the license amended to change the location of the business. (Ord. 371, 1999: Ord. 316 (part), 1991: Ord. 253 §6, 1982)
5.04.070 Posting required.
Any business license holder transacting business at a fixed place in the city shall keep the license (i.e., certificate) posted in a conspicuous place upon the premises where such business is being conducted. Any person soliciting or conducting business on a "door-to-door" basis shall maintain the license on his or her person at all times while conducting such business. (Ord. 316 (part), 1991: Ord. 253 §7, 1982)
5.04.080 Separate license for each place of business.
A separate business license fee must be paid and a separate certificate obtained for each branch establishment or separate place of business, whether or not it is operating under the same name and/or ownership, except that warehouses and/or service facilities used in connection with and incidental to a business shall not be deemed to be a separate place of business if that facility does not deal directly with the public. (Ord. 316 (part), 1991: Ord. 253 §8, 1982)
5.04.090 Multiple occupancy of place of business.
In the event that more than one person is conducting a separate business or service in any one location and the two or more individuals are accepting separate fees for their sales or services, then each such person must obtain a license under their own name or in their own right. (Ord. 316 (part), 1991: Ord. 253 §9, 1982)
5.04.100 Conducting business without license.
All persons who transact or engage in any business for which a license is required under the provisions of this chapter without first having obtained such license are guilty of a misdemeanor and shall, upon conviction thereof in a court of competent jurisdiction, be fined in a sum set by resolution, or shall be imprisoned not more than thirty days, or be punished by both such fine and imprisonment. (Ord. 316 (part), 1991: Ord. 253 §10, 1982)
5.04.110 Delinquent fees.
Every license that is not paid when due and payable shall be deemed to be delinquent and if such license is not paid within ten days from the date when the same is due and payable there shall be added to such license fee a penalty of ten percent of such license for each month, or fraction thereof, during the time the license is delinquent. (Ord. 316 (part), 1991: Ord. 253 §11, 1982)
5.04.120 Enforcement.
The city clerk is directed to enforce the provisions of this chapter and the chief of police may render assistance in the enforcement by requesting payment of the specified fees if so directed by the city clerk. (Ord. 316 (part), 1991: Ord. 253 §12, 1982)
5.04.130 Collection actions.
The city clerk, the city council or the city attorney may, all of them or any of them, direct suit be brought in the name of the city of Angels for the recovery of any license fees or delinquency fees due the city as set forth in this chapter, from any person required to pay the same who fails, neglects or refuses to make such payment. In the event that such action is brought and judgment awarded to the city for such fees, any additional costs incurred by the city as a result of such action shall be added to the amount due the city. (Ord. 316 (part), 1991: Ord. 253 §13, 1982)
5.04.140 Due dates--Renewal.
A. The licenses imposed by this chapter shall become due and payable as provided in this chapter on or before January 1st of each
year; or on a day prior to commencement of any new business on a prorated basis.
B. Renewal of each business license shall be made by each person without demand on or prior to the expiration of the preceding license. The city clerk may issue reminder notices. (Ord. 316 (part), 1991: Ord. 253 §14, 1982)
5.04.160 Fees established by resolution.
Business license fees shall be set from time to time by resolution by the city council. Fees established by resolution shall supersede and cancel previous fees established by ordinance for business licensing purposes. (Ord. 316 (part), 1991)
5.04.170 Intermittent vendors.
A. The city council may by resolution adopt a separate business license tax for intermittent vendors. The resolution may provide for a business license tax to be assessed against individuals who constitute intermittent vendors or against event coordinators who coordinate on behalf of two or more intermittent vendors. The resolution may also assess separate business license taxes based on the number of days per year intermittent vendors transact business within city limits during or based on the number of vendors associated with a single event coordinator.
B. If an event organizer is authorized to obtain a business license on behalf of two or more intermittent vendors, the event coordinator shall obtain a letter of acknowledgement from the city clerk authorizing the event coordinator to obtain the business license on behalf of the intermittent vendors. Such acknowledgment shall be issued following the submission of a complete application by the event organizer pursuant to Section 5.04.050.
C. Should an event coordinator obtain a business license on behalf of intermittent vendors under this section, both the event coordinator and the individual intermittent vendors shall be subject to all the provisions of this chapter, including those relating to payment, posting, transfer, delinquency, enforcement, penalties, and collection.
D. The provisions of this section shall not apply to members of any nonprofit organization or entity. (Ord. 470 §2, 2015)