Division 1. General Provisions for Licenses and Permits

Chapter 4.02
GENERAL PROVISIONS FOR BUSINESS LICENSES

Sections:

4.02.010    Purposes.

4.02.015    Organization of title.

4.02.020    Definitions – Generally.

4.02.021    Definitions – “Solicitation activity.”

4.02.022    Definitions – “Solicitor.”

4.02.023    Definitions – “Solicitation permit.”

4.02.024    Definitions – “Business.”

4.02.025    Definitions – “Employee permit.”

4.02.035    Definitions – “General business license.”

4.02.040    Definitions – “Person.”

4.02.045    Definitions – “Convicted” or “conviction.”

4.02.050    Definitions – “Special business license.”

4.02.055    Authority of City officers.

4.02.060    Contents and posting of licenses.

4.02.065    License required.

4.02.070    License fees.

4.02.075    Exemptions.

4.02.080    Home occupations.

4.02.085    Renewal of license.

4.02.090    Grounds for denial.

4.02.095    Procedures for denial.

4.02.100    Transferability.

4.02.105    Transferability – Partial change in ownership – Special business license.

4.02.110    Transferability – Partial change in ownership – General business license.

4.02.115    Transferability – Partial change in function – General business license.

4.02.120    Term.

4.02.125    Administration.

4.02.130    Notices.

4.02.135    Hearing authority.

4.02.140    Violations.

4.02.145    Inspection.

4.02.150    Laws not enforced.

4.02.155    Statutory references.

4.02.010 Purposes.

The purpose of this section is to provide a procedure for the licensing of business activities within the City, pursuant to Section 37101(a) of the California Government Code, so that the City may accumulate data related to the types of business that operate in Elk Grove and use that data to further enhance the City’s business environment. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.015 Organization of title.

The provisions of this title are organized as follows:

A. This chapter contains introductory and master provisions governing creation of a business registry through issuance of a business license.

B. EGMC Chapter 4.04 establishes, defines the applicability of, and prescribes procedures and the basis for issuance, denial, renewal and revocation of the solicitation license and solicitor permits for door-to-door, cold-calling solicitation and similar solicitation methods.

C. Unless a different or more specific provision is provided for in EGMC Chapters 4.15 through 4.35, EGMC Chapter 4.10 establishes, defines the applicability of, and prescribes procedures and the basis for issuance, denial, renewal and revocation of special business licenses and employee permits.

D. EGMC Chapters 4.15 through 4.35 establish special procedural and substantive regulations applicable to specified business enterprises required to obtain a special business license and personnel thereof required to obtain employee permits.

E. EGMC Chapter 4.54 contains regulations and prohibitions applicable to specified business enterprises or solicitation activities. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.020 Definitions – Generally.

Unless the context indicates otherwise, the definitions of terms contained in EGMC Sections 4.02.021 through 4.02.050 shall govern the meaning of those terms as used in this title. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.021 Definitions – “Solicitation activity.”

“Solicitation activity” shall mean actions of any person who attempts to sell, solicit or take orders for goods, wares, merchandise, books, periodicals, subscriptions, photographs, and any personal service by going from private residence to private residence, or by appointment arranged by an unsolicited contact with a resident of the private residence, or by any other similar method and not from a fixed business location within the City. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.022 Definitions – “Solicitor.”

“Solicitor” shall mean a person who engages in solicitation activities as a sole business owner or as an agent, representative, employee, or independent contractor to a person or entity required to obtain a solicitation license. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.023 Definitions – “Solicitation permit.”

“Solicitation permit” shall mean a permit issued by the Chief of Police to a solicitor and required pursuant to the provisions of EGMC Chapter 4.04. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.024 Definitions – “Business.”

“Business” shall mean any enterprise or endeavor by a person operated or conducted for profit or nonprofit purposes. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.025 Definitions – “Employee permit.”

“Employee permit” shall mean a permit issued by the Chief of Police or other designated official to certain personnel retained as employees, independent contractors or otherwise to perform specified duties or functions by particular types of enterprises required by EGMC Chapters 4.10 through 4.35 to possess a special business license for the purpose of ensuring protection of the public health, safety or welfare. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.035 Definitions – “General business license.”

“General business license” shall mean a license issued by the Finance Director. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.040 Definitions – “Person.”

“Person” shall mean a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual or entity carrying on a business for which a permit or license must first be procured, and shall include any officer, employee, agent or other representative by or through whom the business is operated or conducted.

“Person” shall not include a public agency or any officer, employee or agent thereof while acting in the capacity as such. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.045 Definitions – “Convicted” or “conviction.”

“Convicted” or “conviction,” in relation to the outcome of criminal charges, shall include a plea of nolo contendere. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.050 Definitions – “Special business license.”

“Special business license” shall mean a license issued by the Chief of Police or other designated official and required pursuant to the provisions of EGMC Chapters 4.10 through 4.35 for specified types of businesses which are potentially injurious to the public interest, are not regulated by the State in such a manner as to preempt local regulation, and which the health, safety and welfare of the community demand be operated by responsible persons in compliance with all laws, including any special regulations applicable to such businesses. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.055 Authority of City officers.

Whenever reference in this title is made to the City Council or any department, office, division, officer or official, the reference shall be deemed to be to, respectively, the City Council, or a department, office, division, officer or official of the City.

Whenever in this title an authority or power is vested in or a duty is imposed upon an officer or official, a City employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.02.060 Contents and posting of licenses.

A. The contents of each business license shall include, but need not be limited to, the following: 1) A complete description of the business issued the license; 2) The name of the person licensed; 3) The date of issuance and date of expiration of the license;

B. The original business license issued to the business or its employees, with any applicable conditions, shall be posted conspicuously on the premises in full public view. Original, for purposes of this section, shall not include photocopies or reproductions of the license issued by the City. [Ord. 2-2013 §1, eff. 3-28-2013]

4.02.065 License required.

No person shall engage in, operate or conduct a business within the City, unless under and by the authority of a valid, unexpired and unrevoked business license issued pursuant to this chapter. A person shall be deemed to operate or conduct a business in violation of this section if the person, without a required business license in effect, supervises, directs, organizes, manages or controls or is in any way responsible for or in charge of the business for which the license is required. [Ord. 2-2013 §1, eff. 3-28-2013]

4.02.070 License fees.

The City Council may, by resolution and from time to time, prescribe fees for the issuance and renewal of solicitation licenses, solicitor permits, general business licenses, special business licenses and employee permits, fees for special oversight of some special business licenses, and fees for the filing of appeals relating to denial of such permits or licenses or the suspension or revocation thereof. Such fees shall be for the sole purpose of defraying costs incurred in the administration of this title, and shall be prescribed in amounts yielding revenues which do not exceed the costs of administration by each office and department charged with responsibility under this title. To the extent the City Council determines to be practical, such fees may be varied in amounts for different types of permits or licenses, types of businesses, issuance and renewal, and on the basis of other factors, for the sole purpose of apportioning relative regulatory costs to parties regulated. Commercial enterprises subject to unrelated business taxable income under Sections 511 to 515 of the Internal Revenue Code not exempted by EGMC Section 4.02.075 and operated by certain types of nonprofit organizations may be exempted from fees authorized herein, if a contribution from the general or another fund supported by tax revenues is made by the City Council to underwrite the costs of regulation.

Fees related to the costs which a department incurs in reviewing and acting upon a particular type of application for a license or permit may be made payable within a general fee chargeable by the City Manager, or may be charged individually by the department reviewing and acting upon the application as a condition precedent to processing of the approval required from that department.

All fees for the issuance and renewal of permits and licenses shall be paid at the time of and with the filing of the application with the City Manager or pursuant to a request for approval by another department charged with the responsibility of processing the application. All fees for an appeal shall be paid at the time of and with the filing of the appeal. No application or request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.060]

4.02.075 Exemptions.

A business license shall not be required for, and the provisions of this chapter shall not be otherwise applicable to, those businesses exempted by Federal or California State law from business license processing or from business license fees. The following types of business described by this section shall be, by the City’s authority, required to obtain, but not pay fees for obtaining a business license:

A. Any nonprofit organization exempt from tax as provided in Section 501(c)(3) of the Internal Revenue Code (churches, educational institutions, charitable organizations, and scientific organizations) to the extent of its tax-exempt activities; however, no exemption is granted to any commercial business activity of a Section 501(c)(3) organization for which it has unrelated business taxable income as provided in Sections 511 through 515 of the Internal Revenue Code (bookstores, coffeeshops, child care centers, etc.);

B. Apartments, rooming houses, duplexes, and other residential facilities in which living units are rented or leased solely on a term of thirty (30) days or longer;

C. Agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce, and the marketing of farm products; provided, however, that a general business license shall be required in connection with any wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business for marketing distribution, unless the marketing and sale of crops is done entirely on the property on which the crops sold are grown;

D. Any enterprise that solely manufactures, sells, purchases, possesses or transports alcoholic beverages as provided in Article XX, Section 22 of the California Constitution;

E. Any enterprise operating as a bank or financial corporation subject to the in-lieu taxes payable to the State under Section 23182 of the California Revenue and Taxation Code;

F. Any enterprise operating solely as an intercity transportation business for household goods or other property for hire that is under the jurisdiction of the Public Utilities Commission pursuant to Section 5327 of the Public Utilities Code;

G. Any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale as provided in Section 16002 of the California Business and Professions Code;

H. Any enterprise operating solely as a real estate auctioneer whose principal place of business is located outside the City as provided in Section 16002.1 of the California Business and Professions Code;

I. Any cafe musician who plays a musical instrument at any retail establishment where food or alcoholic beverages are sold or given away as provided in Section 16000.5 of the California Business and Professions Code;

J. Any enterprise operating solely for the solicitation of donations for the support of veterans by Federally chartered veterans’ organizations specified in Title 36 of the United States Code as provided in Section 16001.7 of the California Business and Professions Code;

K. Any person honorably discharged or honorably relieved veteran who is unable to earn a livelihood from manual labor as provided in Section 16001.5 of the California Business and Professions Code;

L. Any blind person operating a vending facility as provided in Section 19633 of the California Welfare and Institutions Code;

M. Any residential care facility or residential day care home of six (6) or less people, or a small family day care of eight (8) children or less as provided in Section 1523.1(b), 1566.2, 1568.05(b), 1569.185, 1596.803 or 1597.45 of the California Health and Safety Code;

N. Any professional services business, not based at a location within the City, whose work in the corporate limits, in the judgment of the City Manager, constitutes such a de minimus contact with the City that the imposition of the regulatory fee would unfairly burden intercity business. [Ord. 2-2013 §1, eff. 3-28-2013]

4.02.080 Home occupations.

Unless specifically exempt elsewhere in this chapter, a business license shall be required for any business or activity operated or conducted as a home occupation, as home occupation is defined by EGMC Chapter 23.82. [Ord. 2-2013 §1, eff. 3-28-2013]

4.02.085 Renewal of license.

A. At least thirty (30) days prior to expiration of a business license, the Finance Director will endeavor to mail the licensee an application for a two (2) year renewal. The application for renewal shall be on such a form, and shall include such information, as prescribed and required by the Finance Director, including the following:

1. A description of any change in the type of business conducted on the premises since the last license was issued; and

2. A description of any and all improvements which the applicant has made upon the premises since the last license was issued.

B. The licensee shall file the application for renewal, and any required fees, with the Finance Director prior to the expiration of the immediately preceding license.

C. Within fifteen (15) days of receiving a complete application, the Finance Director shall issue the renewed business license unless grounds for denial in this chapter exist.

D. With respect to any application for renewal which is filed on or before the date of expiration of the immediately preceding license, the Finance Director shall extend the term of the immediately preceding license, without charge, during the period of any investigation required to determine whether the license should be renewed. [Ord. 2-2013 §1, eff. 3-28-2013]

4.02.090 Grounds for denial.

The Finance Director shall deny an initial application or application for renewal of a business license if the Finance Director finds that the applicant failed to provide sufficient or adequate information as required by this chapter. [Ord. 2-2013 §1, eff. 3-28-2013]

4.02.095 Procedures for denial.

A. The Finance Director’s denial of an initial application or application for renewal of a business license, along with the findings for warranting denial, shall be in writing. The Finance Director’s written notice of denial shall be provided to the applicant.

B. Denial of an initial application or application for renewal of a Business License shall relate solely to the location at which the business is proposed and shall not affect the conduct of such business at another location within the City.

C. With respect to denial of an application for renewal, the immediately preceding business license shall be deemed to be in full force and effect for a period of fifteen (15) days following the date of denial notice to the applicant. If the holder of the license files an appeal within the time and manner prescribed, the license shall remain in effect during the pendency of the appeal. [Ord. 2-2013 §1, eff. 3-28-2013]

4.02.100 Transferability.

A solicitation license, general business license or special business license shall not be transferable or assignable from one (1) person to another.

Each such license shall terminate and be deemed to have no further force or effect upon: 1) a transfer from one (1) person to another of the whole ownership of the business or enterprise, or 2) a change of the whole function or operation for which the permit or license has been issued.

During the term of a general business license or a special business license and within thirty (30) days of the occurrence thereof, the holder shall file in writing with the Finance Director notice of: 1) the transfer from one (1) person to another of the whole ownership of the business or enterprise; or 2) a change of the whole function or operation for which the permit or license has been issued. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.065]

4.02.105 Transferability – Partial change in ownership – Special business license.

A. During the term of a special business license, the holder of the permit or license shall file in writing with the Chief of Police notice of each:

1. Addition or deletion of a general or limited partner, when the holder is a partnership;

2. Addition or deletion of a joint venturer, when the holder is a joint venture;

3. Transfer of more than one-half of one (0.5%) percent of the voting shares of stock, when the holder is a commercial corporation;

4. Change of directors, when the holder is either a for-profit or nonprofit corporation;

5. Change of membership in management committee composed of persons holding ownership interests, when the holder is a partnership or joint venture;

6. Change in membership of a governing body or other board or committee to which management is entrusted, when the holder is an unincorporated association; and

7. Change in president or general manager, vice president or chief assistant manager, secretary and treasurer, or any officer with equivalent or similar authority.

B. The holder of a license or permit shall provide in writing such detailed information respecting any such change as the Chief of Police may require.

C. A termination of a special business license shall be deemed to have occurred whenever the Chief of Police determines that effective management or control of the holder has been transferred in significant part to a person whose character or business responsibility was not reviewed at the time the license was issued, and when written notice of the Chief of Police’s determination and of termination of the license is served on the holder. The effective date of termination shall be fifteen (15) days following the date of service of the notice of termination, except if an appeal from termination is filed within the time and in the manner prescribed, termination shall occur on the date on which the appeal is finally determined. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.070]

4.02.110 Transferability – Partial change in ownership – General business license.

During the term of a general business license, the holder shall file in writing with the Finance Director notice of each: 1) addition or deletion of a general partner, when the holder is a partnership; 2) addition or deletion of a joint venturer, when the holder is a joint venture; and 3) transfer of more than ten (10%) percent of the voting shares of stock, when the holder is a commercial corporation.

A termination of the license shall be deemed to have occurred whenever the Finance Director determines that a change in ownership has occurred in significant part to another person and when written notice of the determination and of termination is served upon the holder. The effective date of termination shall be fifteen (15) days following the date of service of the notice of termination, except if an appeal from termination is filed within the time and in the manner prescribed, termination shall occur on the date on which the appeal is finally determined. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.075]

4.02.115 Transferability – Partial change in function – General business license.

During the term of a general business license, the holder of the permit or license shall file in writing with the Finance Director notice of any change in the business function, operation, or enterprise for which the permit or license has been issued. The holder shall provide in writing such detailed information relating to any alteration in the business function, operation, or enterprise as the Finance Director may require. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.076]

4.02.120 Term.

General business licenses shall expire when the person to whom the license is issued ceases operations authorized thereby. The term of a general business license shall be two (2) years from the date of issuance.

Solicitation licenses and special business licenses shall expire when the person to whom the license is issued ceases operations authorized thereby. The term of a solicitation license, special business license, a solicitor permit, and an employee permit shall be one (1) year from the date of issuance. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.080]

4.02.125 Administration.

Except as otherwise provided, the Finance Director is charged with the responsibility of administering general business licenses, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he or she deems necessary to implement such purposes, intent and express terms. Whenever in this title the Finance Director is charged with responsibility to administer a particular provision, the Finance Director may delegate such responsibility to other departments and subordinate personnel of the City.

Except as otherwise provided, the Chief of Police is charged with the responsibility of administering special business licenses, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and express terms of this title as he or she deems necessary to implement such purposes, intent and express terms. No rules or regulations promulgated by the Finance Director or Chief of Police, or amendments thereof, shall be enforced or become effective until thirty (30) days following the date on which the proposed rules or regulations are filed with the City Clerk. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.085]

4.02.130 Notices.

Any notice or other writing authorized or required by this title shall be deemed served and effective for all purposes on the date when it is reduced to writing and is either personally delivered to the party to whom it is directed or sent by first class certified mail, return receipt requested, and addressed to the party to whom it is directed. Where notice under this provision is mailed, the service is complete at the time of deposit, but any period of notice and any right or duty to do any act or make any response shall be extended five (5) days. When under the provisions of this title any notice or other writing is authorized or required to be filed, it shall not be deemed to have been filed until it is received in the office of the official with whom filing is required.

Whenever a provision in this title requires a public hearing to be conducted, notice of the time, date, place and purpose of the hearing shall be published at least once (1) not later than ten (10) days in advance of the date of commencement of the hearing in a newspaper of general circulation. The same type of notice shall also be served on each licensee whose license would be affected by the action taken at the conclusion of the hearing. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.090]

4.02.135 Hearing authority.

Whenever the term “hearing authority” is utilized in this title, it shall be deemed to refer to the hearing processes set forth in EGMC Chapter 1.11. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.095]

4.02.140 Violations.

Except as otherwise specifically provided, pursuant to the provisions of Section 36900 of the Government Code, violation of any of the provisions contained in this title shall constitute an infraction which shall be enforced pursuant to EGMC Chapters 1.04, 1.08, and 16.18.

Violation of any of the following provisions of this title following service at the business of a written notice by an enforcing official advising of the violation and ordering a cessation thereof shall, pursuant to the provisions of EGMC Chapter 1.04, constitute a misdemeanor: EGMC Sections 4.02.065, 4.10.005, 4.15.015, 4.20.015, 4.21.005, 4.22.020, 4.23.025, 4.25.005, 4.35.205, 4.54.010, 4.54.105, 4.54.220, 4.54.225, 4.54.300, 4.54.330 and 4.54.340. As used in this section, an enforcing official includes the Chief of Police, City Manager and any other City officer charged with the responsibility of administering the provisions of this title. Pursuant to the provisions of Section 836.5 of the Penal Code, City personnel acting under the direction and control of the City Manager shall be authorized to enforce and arrest persons without a warrant for violations of those provisions within those chapters and articles of this title which are assigned, respectively, to the administrative responsibility of the City Manager. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.100]

4.02.145 Inspection.

The City Manager is charged with the responsibility of enforcing the provisions of this title, and to that end may inspect any and all types or classes of businesses which are by this title licensed and regulated. The City Manager, Chief of Police, and their deputies or subordinate personnel may enter the public area of any place of business which is subject to the provisions of this title during hours when the business is open to the public for the purpose of inspection for compliance with this title.

The City Manager may, during the term of a license, require the licensee to complete a license information update form for the purpose of assuring continued compliance with this title. The licensee shall, within fifteen (15) days of the date of mailing by the City Manager of such an information form, file the completed form with the City Manager. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.105]

4.02.150 Laws not enforced.

There are many ordinances and other laws applicable to businesses licensed under EGMC Chapters 4.10 through 4.54 which are not sought to be enforced under this licensing process. Such laws include, but are not limited to, building, fire, electrical, zoning and other codes and regulations contained in EGMC Chapter 4.54, and noise control, sewage disposal and other health measures. It has been determined that the administrative costs of enforcing such laws would result in fee levels which are so high as to exceed the benefits produced by such enforcement.

By issuing a business license, the City makes no representation or finding, express or implied, that the business is compliant with applicable laws and regulations, or that the business is otherwise authorized to conduct business in the City of Elk Grove. Business licensees must comply with all Federal, State and local laws. Neither the issuance of a general business license nor a special business license shall be deemed to constitute a representation that the business so licensed or the premises upon which it is situated complies with such ordinances or other laws. Nor shall the existence of such an unrevoked license be deemed to preclude any criminal or civil remedy for violation of such ordinances or laws, including, but not limited to, the closure of the business if otherwise warranted under remedies sought to be invoked. The possession of either a general business license or special business license shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.110]

4.02.155 Statutory references.

Any reference to a State or Federal statutory or regulatory provision contained in this title shall be interpreted to refer to such provision as it may be amended or renumbered from time to time. [Ord. 2-2013 §1, eff. 3-28-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006. Formerly 4.02.115]