I. BUSINESS LICENSES
Chapter 5.04
GENERAL PROVISIONS
Sections:
5.04.020 License--Required--Compliance.
5.04.030 License--Nontransferable.
5.04.050 License--Restrictions.
5.04.060 License--Issuance--Conditions.
5.04.070 License--Multiple businesses.
5.04.080 License fee--Payment.
5.04.090 License fee--Delinquency and penalty.
5.04.100 License fee and penalty--Debt to city--Liability.
5.04.110 Payment for license generally.
5.04.120 Declaration of exemption.
5.04.010 Definitions.
A. "Business," when used in this chapter, means and includes professions, trades, occupations, and all and every kind of calling carried on for profit or livelihood. It is declared to be the intention of the city council to make the provisions of this title apply to all business trades, professions and callings now actually in existence, or at present being operated, and to all businesses, trades, professions and callings which may hereafter be commenced within the city or over which the city may exercise a proper jurisdiction for licensing purposes; and a person shall be deemed to have commenced the operation of any such business and to be liable for the payment of the license fee by any one or more transactions within the city. "Business," within the meaning of this section, includes motels, hotels, recreational vehicle parks, and includes apartments, rental housing, multiple family housing or mobile home parks of four units or more.
B. Whenever "person" or "party" is used in this title, the same means and includes the person, firm, corporation, club, or association carrying on the business for which a license is imposed or must be procured; and when the terms of this title designate the principal, the same shall be construed to mean the agents, servants, representatives or employees of such principal, it being the intention to license the business and not the separate or individual acts. However, the foregoing shall not be construed to permit an independent contractor or sub-contractor to conduct business within the City of Kerman pursuant to another party’s license. Each such sub-contractor or independent contractor is a separate person and a separate business, requiring his, her or its own business license. (Ord. 98-08 § 1, 1998; Ord. 89-01 §1(part), 1989: Ord. 80-16 §§1(1), 2(14), 1980).
5.04.020 License--Required--Compliance.
It is unlawful for any person, either for himself or for any other person, to commence to carry on any business specified in this title, in the city, without first having procured a license from the city so to do, or without complying with each and every regulation of such business contained in this title. The carrying on of any business without first having procured a license from the city so to do, or without complying with each and every regulation of this title, shall constitute a separate violation of this title for each and every day that such business is so carried on. (Ord. 80-16 §1(2), 1980).
5.04.030 License--Nontransferable.
No license granted or issued under any of the provisions of this title shall be in any manner assignable or transferable, or authorize any person other than is therein named to do business. (Ord. 80-16 §2(8), 1980).
5.04.040 License--Exhibition.
Every person having a license under the provisions of this title shall conspicuously exhibit the same at all times while in force in his place of business in the city, and if he shall not have a place of business in the city, he shall produce and exhibit the same on request by the city. (Ord. 80-16 §2(9), 1980).
5.04.050 License--Restrictions.
The payment of a license fee required by the provisions of this title, and its acceptance by the city, and the issuance of a license to any person shall not entitle the holder thereof to carry on any business in a manner or at a location or premises which is otherwise prohibited by any other ordinance of the city, or any other statute or enactment. (Ord. 80-16 §1(3), 1980).
5.04.060 License--Issuance--Conditions.
Licenses issued pursuant to this title shall be paid for in advance. They shall be dated on day of issuance, and shall expire on the last day of the license term. Unless otherwise specified, a license term shall be a one year term commencing January 1st of each year. Unless otherwise specified in this title, no license shall be issued for a term less than the one year term for which a license fee is fixed in this title for such business. No license fee shall be prorated. Any person commencing a business for which a specific fee is provided in this title, unless the rate be a daily rate, shall pay a fee for a full term. When a quarterly term is specified, it shall commence on the first day on January, April, July and October of each year. (Ord. 80-16 §2(7), 1980).
5.04.070 License--Multiple businesses.
Any person or party, as defined in Section 5.04.010 of this title, conducting two or more businesses, occupations, or professions at the same location shall be required to procure but one license, unless one of the occupations or professions at said location have a specific designated license fee under Section 5.12.010. In the event one of the occupations or professions has a specific designated license fee under Section 5.12.010, the person conducting such businesses shall pay the designated specific license fee in lieu of the general license fee designated in Section 5.08.010. Any license issued pursuant to this Section shall specify the several business occupations or professions for which said license is issued. This section does not excuse the requirement for obtaining individual licenses where a license person or party employs, hires, contracts or subcontracts with an independent contractor or sub-contractor for work, goods or services. (Ord. 98-08 §2, 1998: Ord. 80-16 §2(15), 1980).
5.04.080 License fees--Payment.
All license fees shall be paid to the city clerk who shall sign all licenses issued, and keep a record showing the number of each license, the date issued, to whom issued, the kind of business for which issued, the amount of license paid, and the date of expiration. (Ord. 80-16 §2(6), 1980).
5.04.090 License fee--Delinquency and penalty.
Every license which is not paid within a period of thirty days from the time the same becomes due and payable is declared to be delinquent and the city clerk shall add to such license and collect a penalty of ten percent per month of the license so delinquent. (Ord. 23-02 §2, 2023; Ord. 80-16 §2(9), 1980).
5.04.100 License fee and penalty--Debt to city--Liability.
The amount of any license fee and the penalty imposed by the provisions of this title shall be deemed a debt to the city, and any person carrying on any business without first having procured a license from the city so to do shall be liable therefor in any action in the name of the city in a court of competent jurisdiction. (Ord. 80-16 §2(13), 1980).
5.04.110 Payment for license generally.
The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any license due unpaid at the time of such conviction. Nothing in this title shall prevent the prosecution of any violation of the provisions of this title as an infraction. (Ord. 80-16 §2(12), 1980).
5.04.120 Declaration of exemption.
Every person claiming to be entitled to exemption from the payment of any license provided for in this title upon the grounds that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, or for any other reason shall file a declaration under penalty of perjury with the city clerk, disclosing the interstate or other character of his business entitling such exemption. Such declaration shall state the name and location of the company or firm 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 or merchandise to be delivered; the place from which the same are to be shipped or forwarded; the method of solicitation or taking orders; the location of any warehouse, factory, or plant within the state of California; the method of delivery; the name and location of the residence of the applicant; and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the declaration. If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a free license. If the city clerk shall determine that the declaration is not sufficient to establish such exemption, the city clerk shall deny the claim of exemption, in which event the applicant may appeal the determination of the city clerk to the city council for a ruling by the city council at a hearing. (Ord. 80-16 §2(5), 1980).
5.04.130 Gratuitous licenses.
A. Gratuitous licenses shall be issued by the city clerk when ordered by the city council in the same manner as other licenses are issued subject to the conditions of this chapter, and as follows:
1. To producers, to sell such products as are raised and cultivated by them;
2. To persons, who by infirmities of age, loss of limbs, or total disabling causes, are incapacitated from earning a living by physical labor, to sell goods at retail;
3. To any person who, upon showing, is found by the city council to merit exception from the provisions of this title.
B. All applications for gratuitous licenses shall be in writing and must state the facts relied upon by the applicant, and be signed by him. The action of the city council shall be endorsed upon the back of the license so issued, and signed by the city clerk. The city clerk shall enter such endorsement in the license books kept by him, and no such license shall be in force until such entry is made. All licenses granted by the city council, under this chapter, shall expire at the end of the term for which they were issued; provided, that the city council may at any time revoke the same, and such revocation must be entered on the license book or the record of the city clerk after due notice thereof. No gratuitous licenses are or shall be assignable, and the fact that a person may come within a class that may entitle him to have a gratuitous license issued to him shall not permit such person to do business without a license. A license must be obtained and must be paid for, unless the city council determines to issue the same gratuitously. (Ord. 80-16 §2(10), 1980).
5.04.140 Specific exemption--Yard, rummage and garage sales--Duration limitations--Advertising signs limitations.
A resident of the city is not required to have a business license to hold a yard or garage sale at his or her residence. However, anyone holding a yard, rummage or garage sale shall first secure a permit therefor from the city clerk’s office. One permit shall be sufficient for a sale not lasting more than three consecutive days. The exemption provided by this section is subject to the following limitations and conditions:
A. This exemption shall not apply to yard sales located on Madera Avenue, as such sales are prohibited on Madera Avenue;
B. No yard, rummage or garage sale conducted under a permit as provided in this section shall continue more than three consecutive days in any month; and sales days may not exceed a total of six days per calendar year;
C. Signs advertising a yard, rummage or garage sale may not exceed six square feet in size. Such signs shall be taken down and removed promptly upon the conclusion of the sale. Nothing in this section should be construed as authorization to post signs on utility poles, sidewalks or trees; or on public property or facilities. As used in this section, "yard sale," "rummage sale" or "garage sale" means an occasional or casual sale of secondhand goods and/or goods donated by individuals or nonprofit organizations. Items to be sold must be the property of the permit holder, or members of his/her immediate family, and may not include items acquired or consigned solely for the purpose of being sold for private profit. (Ord. 92-18 §1, 1992: Ord. 92-06 §1, 1992: Ord. 81-05, 1981).