Chapter 10
LICENSES

Sections:

10-1.    Business defined.

10-2.    Tax and license collector – Designation – Duties – Generally.

10-3.    Business license – Required.

10-4.    Unauthorized acts, etc., prohibited.

10-5.    Application for license – Information etc., to be contained.

10-6.    Multiple – May include more than one business, proviso; application to be verified.

10-7.    License – Preparation, issuance and contents generally.

10-8.    License ledger to be kept by county auditor – Monthly accounting by tax and license collector.

10-9.    License periods – Payment of license fees – Generally.

10-10.    Licenses – Posting, exhibiting, etc. – Generally.

10-11.    Applicability of chapter to certain farmers and manufacturers.

10-12.    Licenses – Investigation, suspension, cancellation and revocation – Generally.

10-13.    Licenses – Service of notice provided for in section 10-12.

10-14.    Schedule of license fees.

10-15.    Other licenses.

10-16.    Conducting business after license suspended, revoked, etc.; conducting business without paying annual license fee unlawful.

10-17.    Penalty for delay in obtaining license and paying fee.

10-18.    Unpaid license fees recoverable in civil action by county.

10-19.    Violations of chapter.

10-20.    Transfer of license on sale.

10-21.    Affidavit of gross receipts.

10-22.    Issuance of a license without cost for good cause at the discretion of the license collector.

10-23.    Temporary business license.

10-24.    License/treasurer-tax collector may enact administrative regulations implementing this chapter.

For state law as to licensing by counties generally, see Revenue & Taxation Code Section 7284. As to dog licenses, see §§ 3-13 to 3-24 of this Code. As to licenses and permits for pawnbrokers, junk dealers and secondhand dealers generally, see §§ 15-23 to 15-27 of this Code. As to sales and use tax, see ch. 18 of this Code.

10-1 Business defined.

“Business” as used in this chapter means professions, trades and occupations and every kind of calling carried on for profit or livelihood. (Ord. No. 540, § 2 (part): Ord. No. 745 (part).)

10-2 Tax and license collector – Designation – Duties – Generally.

The regular elected, qualified and acting tax collector of the county shall be known in this chapter as the tax and license collector and shall from and after the effective date of the ordinance codified in this chapter carry out and perform all of the duties and obligations required by this chapter of the tax and license collector. (Ord. No. 540, § 2 (part): Ord. No. 745 (part).)

For state law as to tax collector being ex officio license collector, see Gov. Code § 27400.

Ordinance No. 540 was enacted December 19, 1991; Ordinance No. 745 was enacted November 8, 2011.

10-3 Business license – Required.

It shall be unlawful for any person to maintain, conduct, carry on, or commence to maintain, conduct or carry on within the county, and outside the limits of any incorporated city thereof, any business for which a license is required by this chapter, without first having obtained a license to do as so provided by this chapter. (Ord. No. 540, § 2 (part): Ord. No. 745 (part).)

For state law as to power of county to levy and collect taxes, see Gov. Code § 23004.

10-4 Unauthorized acts, etc., prohibited.

It shall be unlawful for any person to whom a license has been issued under this chapter to willfully or knowingly do any act not authorized by such license or to wilfully or knowingly permit or suffer the violation of any provision of this chapter or other ordinance or law in connection with any business for which such license has been issued or upon the premises on which any such business is conducted. (Ord. No. 540, § 2 (part): Ord. No. 745 (part).)

10-5 Application for license – Information etc., to be contained.

Any person desiring to establish, open, keep, maintain, conduct or carry on a business specified in this chapter, whether singularly or in combination with other business, whether specified in this chapter or not, shall first procure from the tax and license collector of the county a license to do so and, for the purpose of procuring such license, such person shall file an application in writing therefor with the tax and license collector, which application shall contain the following information:

(a)  The name and place of residence of the applicant, if a natural person, and the name and place of business of the applicant, if a corporation or partnership.

(b)  The exact location of the particular place and premises in which it is proposed to establish, open, maintain or conduct such business, if the same is to be conducted at a fixed place of business, and the routes or territory to be covered if such business is not to be maintained at a fixed place of business.

(c)  The nature and particular kind of business which is proposed to be conducted under such license, especially specifying all branches thereof, and if more than one kind of business as specified in this chapter is proposed to be conducted, such application shall especially request that the license include each kind of business required by this chapter to be licensed that the applicant desires to operate.

(d)  A statement that the applicant is the only person in any manner interested in conducting or carrying on such business.

(e)  A statement of the name and address of the owner and the names and addresses of all lessees of the premises.

(f)  A statement as to whether any license or order authorizing a license formerly issued to such applicant or any agent thereof, or to any person interested in such business, has ever been cancelled or revoked by the board of supervisors.

(g)  If the license applied for includes a business wherein the amount of stock in trade carried is material for the purpose of fixing the amount of the license to be paid, a statement of the inventory value of the stock in trade on hand at the time of the application, if such business has been previously conducted by the applicant; and if such business has not been previously conducted by the applicant, a statement of the estimated inventory value of the stock in trade to be carried during the term for which such license is applied for.

(h)  A statement that the applicant will not permit or suffer the violation of any provision of this Code or other law or ordinance on the premises on which such business is to be conducted or in connection with the business for which the license is applied for. (Ord. No. 540, § 2 (part): Ord. No. 745 (part).)

10-6 Multiple – May include more than one business, proviso; application to be verified.

Each application for the issuance of a license under this chapter may include more than one of the businesses specified by this chapter; provided, that such businesses are all to be conducted on the same premises and each application for such license shall be verified by the oath of the applicant or one of the applicants if a natural person, or by the oath of one of the officers of the corporation if a corporation, in the same manner as pleadings in civil actions in this state are required to be verified. (Ord. No. 540, § 2 (part): Ord. No. 745 (part).)

For state law as to verification of pleadings see C.C.P.A. §§ 446 to 449.

10-7 License – Preparation, issuance and contents generally.

Upon the filing of an application for a license pursuant to this chapter, meeting the requirements of this chapter and payment of the sums required to be paid for such license as provided in this chapter, the tax and license collector of the county shall prepare and issue a license to the person filing such application. Each license so issued shall state upon the face thereof:

(a)  The person to whom the same is issued;

(b)  The kind of business licensed thereby;

(c)  The amount paid therefor;

(d)  The location of such business;

(e)  The date of expiration of such license. (Ord. No. 540, § 2 (part): Ord. No. 745 (part).)

10-8 License ledger to be kept by county auditor – Monthly accounting by tax and license collector.

The county auditor shall keep a ledger in which he shall enter the amount of all license fees received by him from the county tax and license collector. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-9.)

For requirements as to deposit of public moneys with treasurer, see Cal. Const., Art. XI, § 16. As to business hours of office of county auditor and county treasurer-tax collector, see § 2-2 of this Code.

10-9 License periods – Payment of license fees – Generally.

Except as otherwise provided by this chapter, all licenses shall be issued from the date of issuance to December 31st, and unless otherwise specifically provided for by this chapter, the license fee shall be payable in advance at the time of the issuance of such license. Except as otherwise provided, no license shall be granted or issued under this chapter for a period longer than one year, and all license fees imposed by this chapter shall be paid to the county tax and license collector at his office at the courthouse in the county without demand. The license period is hereby designated as follows: January 1st to December 31st; provided, however, that where a new business required to be licensed under this chapter is commenced within the county after the beginning of any annual licensing period and a new license is issued therefor, a pro rata deduction not to exceed fifty percent of the annual fee shall be made in the amount of the fee therefor for each whole calendar month that has expired since the beginning of such annual period up to the time when the licensed business was commenced. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-10.)

10-10 Licenses – Posting, exhibiting, etc. – Generally.

It shall be the duty of any person conducting a business required to be licensed under this chapter to post in a conspicuous place at his place of business the license granted to such person or such business and to keep the same posted until its date of expiration and then to remove the same, and it shall be unlawful for any such licensee to conduct or permit to be conducted the business for which such license has been issued while such license is not so posted. Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on the business, exhibition or occupation for which the same was granted. Every person having a license under the provisions of this chapter shall produce and exhibit the same when applying for a renewal thereof and whenever requested to do so by any peace officer or officer authorized to issue, inspect or collect licenses. Every licensee operating a vehicle from which the business covered by such license is conducted shall keep posted in a conspicuous place on each such vehicle a certificate issued by the county tax and license collector, setting forth the name and address of such licensee, the business for which such vehicle is licensed, the number of such license, and the period for which such license is issued. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-11.)

10-11 Applicability of chapter to certain farmers and manufacturers.

No license pursuant to this chapter shall be required of any farmer selling his own products in the county, nor of any manufacturer whose gross sales are less than one thousand dollars annually who sells his own products retail or wholesale where such products are exclusively manufactured or produced in this county. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-12.)

10-12 Licenses – Investigation, suspension, cancellation and revocation – Generally.

(a)  All licenses issued under this chapter shall be subject to investigation, suspension, cancellation and revocation, and each license shall contain a statement that such license is subject to investigation, suspension, cancellation or revocation by the board of supervisors.

(b)  The board of supervisors at any time may, on their own motion, and shall, upon the filing of a complaint in writing verified as complaints in civil actions of this state are required to be verified and filed with such board, cause an investigation to be made of any business for which a license has been issued in accordance with the provisions of this chapter and shall for such purpose fix a time for the hearing of all matters in connection therewith, and shall give ten days’ notice, in writing, of such hearing to the person against whom such complaint has been made of the time and place of such hearing, and if it should appear to the board at such hearing and if such board shall find that such person to whom such license has been issued under this chapter has wilfully or knowingly done any act not authorized by such license or has wilfully or knowingly permitted or suffered the violation of any provisions of this Code or other ordinance or law in connection with any business for which such license has been issued or upon the premises on which any such business is conducted, or if any fraud or misrepresentation has been used in the obtaining of a license for such business, or if the holder of such license wilfully fails or refuses to appear and answer all pertinent questions of such board at such hearing in relation to the past or present conduct and conditions in and about such business or premises, the board of supervisors may suspend, cancel or revoke such business license. If such license is cancelled or revoked, no further license shall be issued to such person under this chapter within one year from the date of such cancellation or revocation. If such license is suspended, the period of suspension shall be for such time as the board may direct and no further license under this chapter shall be issued to such person during such period of suspension. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-13.)

10-13 Licenses – Service of notice provided for in section 10-12.

The notice provided for in section 10-12 may be served in the same manner as is provided by the laws of the state for the service of summons in civil actions; provided, however, that in the event that the person against whom such complaint has been made is absent from the county or should endeavor to avoid service of such notice, then such notice may be served by leaving the same with the person in charge of such place of business or, if no person is in charge, by leaving it at the place of business, at least ten days before the time fixed for such hearing. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-14.)

10-14 Schedule of license fees.

$30.00 flat fee per license except where stated differently herein.

 

$30.00 temporary permits/licenses not to exceed 15 days (includes out-of-county and county residents)

$30.00 transfer

 

* - no changes in fees

 

*CANNERIES

 

For those canneries having a gross volume of not more than $25,000.00; annually

$20.00

More than $25,000.00 but less than $50,000.00; annually

$30.00

More than $50,000.00 but less than $100,000.00; annually

$40.00

More than $100,000.00 but less than $200,000.00; annually

$60.00

More than $200,000.00 but less than $300,000.00; annually

$80.00

More than $300,000.00 but less than $400,000.00; annually

$100.00

More than $400,000.00 but less than $500,000.00; annually

$120.00

More than $500,000.00; annually

$150.00

*CARNIVALS; per day

$50.00

Each concession additional; per day

$10.00

Not to exceed $200.00 total

 

*CIRCUS

One ring without sideshow; per day

$100.00

More than one ring without sideshow; per day

$150.00

One ring with sideshows for circus; per day

$100.00

For each sideshow; per day

$20.00

More than one ring with sideshows; for circus; per day

$150.00

For each sideshow; per day

$20.00

*ENERGY PLANT/POWER GENERATION

Having gross sales under $500,000.00; annually

$30.00

Having gross sales of more than $500,000.00; annually

$200.00

Having gross sales of more than $1,000,000.00; annually

$300.00

*FORTUNETELLERS, CLAIRVOYANTS, PALM READERS, SPIRITUALISTS, MEDIUMS, AND OTHER PROGNOSTICATORS; DAILY

$50.00

*FROZEN FOOD LOCKERS

Under one hundred lockers; annually

$30.00

More than one hundred lockers but less than five hundred; annually

$50.00

More than five hundred; annually

$75.00

*GENERAL MERCHANDISE, GROCERY STORES, DRY GOODS, HARDWARE STORES, OR COMBINATION OF TWO OR MORE OF SUCH STORES

When the value of inventory is less than $5,000.00; annually

$30.00

More than $7,500.00 but less than $10,000.00; annually

$60.00

More than $10,000.00 but less than $20,000.00; annually

$100.00

More than $20,000.00; annually

$120.00

*LIVESTOCK; annually

$100.00

Per day

$30.00

*LODGINGHOUSES, HOTELS, MOTELS, ROOMINGHOUSES

Having less than ten rooms or units

$30.00

Those having ten or more rooms or units and less than fifteen; annually

$40.00

Those having fifteen or more rooms or units and less than twenty; annually

$50.00

Those having twenty or more rooms or units and less than thirty; annually

$60.00

Those having thirty or more rooms or units; annually

$80.00

*BARS/LOUNGES; annually

$50.00

*LUMBER DEALERS, LUMBERYARDS

Gross volume of business under $50,000.00; annually

$30.00

More than $50,000.00 but less than $100,000.00; annually

$40.00

More than $100,000.00 but less than $200,000.00; annually

$60.00

More than $200,000.00 but less than $300,000.00; annually

$80.00

More than $300,000.00 but less than $400,000.00; annually

$100.00

More than $400,000.00 but less than $500,000.00; annually

$120.00

More than $500,000.00; annually

$150.00

*MANUFACTURERS

Gross volume of business under $50,000.00; annually

$30.00

More than $50,000.00 but less than $100,000.00; annually

$40.00

More than $100,000.00 but less than $200,000.00; annually

$60.00

More than $200,000.00 but less than $300,000.00; annually

$80.00

More than $300,000.00 but less than $400,000.00; annually

$100.00

More than $400,000.00 but less than $500,000.00; annually

$120.00

More than $500,000.00; annually

$150.00

*OIL AND GASOLINE SERVICE STATIONS

 

Under three pumps; annually

$30.00

For each additional pump; annually

$10.00

Where operated in connection with a grocery store, merchandise store or cafe, etc., the license fee for each gasoline pump over two shall be, per pump; annually, in addition to the regular license fee

$10.00

*OIL AND GASOLINE WHOLESALE and other petroleum product distributing plants

Gross volume of business annually of less than $50,000.00; annually

$30.00

More than $50,000.00 but less than $100,000.00; annually

$40.00

More than $100,000.00 but less than $200,000.00; annually

$60.00

More than $200,000.00; annually

$80.00

*PAWNBROKERS

$150.00

*PLANING MILLS

For those planing mills having a gross volume of business of less than $50,000.00

$30.00

More than $50,000.00 but less than $100,000.00; annually

$40.00

More than $100,000.00; annually

$60.00

*PROCESSORS (including fruit packing/processing and slaughterhouses)

Gross annual volume under $50,000.00

$30.00

Over $50,000.00 and under $100,000.00

$40.00

More than $100,000.00 but less than $200,000.00; annually

$60.00

More than $200,000.00 but less than $300,000.00; annually

$80.00

More than $300,000.00 but less than $400,000.00; annually

$100.00

More than $400,000.00 but less than $500,000.00; annually

$120.00

More than $500,000.00; annually

$150.00

*SHIPPERS AND SHIPPING OFFICE (within or without the state); annually

$50.00

*STADIUMS AND OTHER PLACES OF ENTERTAINMENT

 

For those with a seating capacity of less than five thousand; annually

$100.00

For those with a seating capacity of more than five thousand; annually

$200.00

*THEATERS and shows at a fixed place of business, annually

$50.00

*MOBILE HOME PARK/LABOR CAMPS

Having less than thirty spaces; annually

$30.00

Thirty or more spaces but less than fifty; annually

$50.00

More than fifty spaces; annually

$60.00

*WAREHOUSES AND RICE DRYERS

Gross volume of business of not more than $50,000.00; annually

$30.00

More than $50,000.00 but less than $100,000.00; annually

$40.00

More than $100,000.00 but less than $200,000.00; annually

$60.00

More than $200,000.00 but less than $300,000.00; annually

$80.00

More than $300,000.00 but less than $400,000.00; annually

$100.00

More than $400,000.00 but less than $500,000.00; annually

$120.00

More than $500,000.00; annually

$150.00

(Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-15.)

As to license fees for junk dealers and junk collectors, see §§ 15-23 through 15-26 of this Code.

10-15 Other licenses.

Certain businesses required to obtain a business license hereunder are also required to obtain other permits or licenses. The issuance of a business license as herein provided shall not be deemed to excuse the requirement for any other permit or license, nor shall the issuance of any other permit or license be deemed to excuse the requirement for a business license. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-16.)

10-16 Conducting business after license suspended, revoked, etc.; conducting business without paying annual license fee unlawful.

It shall be unlawful for any person to conduct or assist in conducting any business after the date of any suspension, revocation or cancellation of license pursuant to section 10-12 without having again procured a license to do so as provided by this chapter.

It shall be unlawful for any person to maintain or carry on any business for which a license has been previously issued until the annual license fee for the annual period during which such business is being maintained or carried on has been paid. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-17 and 10-18.)

10-17 Penalty for delay in obtaining license and paying fee.

A penalty of thirty-five percent shall be added if renewal fee is unpaid within thirty-one days of the business license expiration date. Failure to receive a renewal notice does not relieve the business from being assessed a late fee. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-19.)

10-18 Unpaid license fees recoverable in civil action by county.

Any unpaid license fee which shall be payable by any person by virtue of this chapter shall be recoverable in a civil action brought by the county for such purpose. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-20.)

10-19 Violations of chapter.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-21.)

10-20 Transfer of license on sale.

Upon the sale or transfer of any business subject to this chapter, the license thereon may be transferred to the buyer or transferee upon submission and approval of a written application and transfer statement of said buyer or transferee and the payment of a transfer charge of ten dollars. The transfer application and fee shall be made to the county tax collector on a form provided by that office. (Ord. No. 540, § 2 (part): Ord. No. 745 (part). Formerly 10-22.)

10-21 Affidavit of gross receipts.

An affidavit of gross receipts issued by the license collector must be completed and returned to the office of the license collector upon receipt of such document. (Ord. No. 745 (part).)

10-22 Issuance of a license without cost for good cause at the discretion of the license collector.

The license/treasurer-tax collector at his discretion and with good cause may issue a license without cost for exhibitions or entertainments given for the benefit of churches, schools, local clubs, or charitable entertainment or benefit given by any local organization of this county; and further provided, that the license/treasurer-tax collector may issue a license without cost to war veterans who are residents of this county and who own and operate their own business exclusively within this county. (Ord. No. 745 (part).)

10-23 Temporary business license.

A business with no permanent location either within or without the county, and for a period not to exceed fifteen days, but which engages in business with the county, must obtain the appropriate licensing and pay the applicable fee. (Ord. No. 745 (part).)

10-24 License/treasurer-tax collector may enact administrative regulations implementing this chapter.

The license/treasurer-tax collector may at his discretion enact and/or modify administrative regulations in connection with the processing and procedure of the application and issuance of business licenses. (Ord. No. 745 (part).)