CHAPTER 7.
PERMITS AND LICENSES

Sections:

3-7.01    Permits and Licenses: Title

3-7.02    Scope and Purpose

3-7.03    Definitions

3-7.04    Type of Fees

3-7.05    Fees Established

3-7.06    Payment Required

3-7.07    Permit Application

3-7.08    Contents of Permit

3-7.09    Permit Fees

3-7.10    Duties of Permittee

3-7.11    Permit Appeals

3-7.12    Penalties

3-7.13    Establishment of Hourly Rates

3-7.01 Permits and Licenses: Title.

This chapter shall be known as the “Master Fee Schedule of the City of Emeryville.”

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.02 Scope and Purpose.

The purpose of this chapter is to provide one (1) document that covers administrative costs, license and permit fees, and permit application and processing fees. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter. The fees provided herein shall apply in place of any earlier provision in any other section or chapter of this Code or any ordinance. The fees and charges for activities not specified in this chapter shall be as stated in the specific ordinances or parts of ordinances relating to those activities. Where this chapter imposes a greater restriction upon persons, premises, or activities than is imposed by such existing provisions of law, the provisions of this chapter shall control.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.03 Definitions.

(a)    “Permit” or “permittee” shall mean a privilege granted by the Master Fee Schedule or elsewhere by law or ordinance and shall include the word “license” or “licensee.”

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.04 Type of Fees.

The following are the types of fees that are covered by this Master Fee Schedule:

(a)    Permit or licensee fee, paid by the owner or operator of the activity or property for which such license or permit is required;

(b)    Nonrefundable application fee, for the cost of processing an application. This type of fee shall only be charged when specified in this chapter or elsewhere in this Code. This fee is separate from and may be in addition to the license or permit fee;

(c)    Nonrefundable investigation fee, for the cost of investigating whether the applicant is eligible for a license pursuant to the requirements of the license or permit. This fee shall only be charged when set forth in this chapter or elsewhere in this Code. This fee is separate from and may be in addition to the license or permit fee;

(d)    Administrative costs, for specified City services, including duplicating costs for public records.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.05 Fees Established.

Fees charged to the public for various administrative and City services, and permits and licenses processed and granted by the City, shall be as set forth in the document entitled “City of Emeryville Master Fee Schedule,” which document shall be adopted, amended or revised by resolution of the City Council of the City of Emeryville, after conducting a public hearing thereon noticed in accordance with state law.

(Sec. 2, Ord. 91-07, eff. Sept. 19, 1991; Sec. 2, Ord. 91-09, eff. Nov. 14, 1991; Sec. 2, Ord. 92-12, eff. Aug. 20, 1992; Sec. 2, Ord. 92-17, eff. Jan. 14, 1992; Sec. 2, Ord. 93-006, eff. July 1, 1993; Sec. 2, Ord. 94-008, eff. May 17, 1994; Sec. 2, Ord. 94-010, eff. July 7, 1994; Sec. 2, Ord. 95-005, eff. July 20, 1995; Sec. 2, Ord. 96-003, eff. June 6, 1996; Sec. 2, Ord. 96-007, eff. July 18, 1996; Sec. 2, Ord. 97-001, eff. Mar. 6, 1997; Sec. 2, Ord. 97-002, eff. June 5, 1997; Sec. 2, Ord. 97-005, eff. July 17, 1997; Sec. 2, Ord. 98-002, eff. Mar. 20, 1998; Sec. 2, Ord. 98-006, eff. Sept. 4, 1998; Sec. 2, Ord. 99-001, eff. Apr. 17, 1999; Sec. 2, Ord. 99-005, eff. June 16, 1999; Sec. 2, Ord. 00-001, eff. May 5, 2000; Sec. 2, Ord. 00-004, eff. July 22, 2000; Sec. 2, Ord. 01-002, eff. Sept. 8, 2001; Sec. 2, Ord. 01-005, eff. Oct. 5, 2001; Sec. 2, Ord. 02-003, eff. May 3, 2002; Sec. 2, Ord. 02-011, eff. Sept. 8, 2002; Sec. 2, Ord. 02-012, eff. Sept. 8, 2002; Sec. 2, Ord. 03-012, eff. Sept. 4, 2003; Sec. 2, Ord. 03-014, eff. Nov. 6, 2003; Sec. 3, Ord. 04-001, eff. May 20, 2004; Sec. 2, Ord. 04-011, eff. Sept. 2, 2004; Sec. 2, Ord. 06-008, eff. Aug. 30, 2006)

3-7.06 Payment Required.

No person shall operate any business or activity for which the license or permit is required by this chapter until and unless the license or permit fee has been paid on behalf of that business or activity. No license or permit shall be issued until after payment of all applicable application or investigation fees. All fees shall be paid to the Finance Office, unless specifically stated otherwise elsewhere in this Code or other laws.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.07 Permit Application.

(a)    Form of Permit Application. The permit application shall be on a form prepared by the Finance Office, unless specified otherwise elsewhere in this Code. Such form shall include an affidavit by the applicant that the information is true and correct to the best of the applicant’s knowledge.

(b)    Contents of Permit Application. The contents shall include all information necessary to assure fair administration of the Master Fee Schedule and of the subject of the activity for which the permit or license is required. At a minimum, the application shall include the name of the applicant, the permit or license desired, the location where such permit shall be used, if any, the time period covered, and the amount of the fee.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.08 Contents of Permit.

(a)    The license or permit shall state upon its face the following:

(1)    The name of the permittee and any other name under which the permittee or activity may be conducted;

(2)    The address of the permittee or activity so licensed;

(3)    The amount of the permit fee;

(4)    The dates of issuance and expiration therefor;

(5)    Such other information as may be needed for the proper guidance of the City officials in issuing the permit.

(b)    Each permit or license issued shall bear the signature of the Finance Director or other City official charged with administration of the permit or license.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.09 Permit Fees.

In the absence of any provision to the contrary, all fees and charges for licenses for services shall be paid in advance at the time application therefor is made to the City. Unless specified otherwise, if the applicant commences the activity during the current license year, all permit fees or charges for services shall be prorated by quarters or fractions thereof. The permittee or applicant shall pay all fees for each quarter or fraction thereof during which the activity is or will be conducted. Except as otherwise provided, all fees shall become part of the City’s General Fund.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.10 Duties of Permittee.

(a)    The permittee shall post and maintain the permit or license in a prominent place on the site where the permitted activity shall occur.

(b)    No licensed or permitted activity shall be conducted in a manner that constitutes a nuisance in fact.

(c)    The permittee shall admit onto the site any officer or employee of the City authorized to perform inspections at any reasonable time admission is requested for the purposes of assuring compliance with the permit or license, detecting violations thereof, or performing inspections as provided or required by the ordinance.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.11 Permit Appeals.

Any decision concerning the denial, suspension, revocation or other action taken pursuant to this chapter may be appealed pursuant to the provisions of Chapter 4 of Title 1 of this Code, unless specific procedures for specific licenses are set forth elsewhere in other ordinances or laws.

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.12 Penalties.

In the absence of any provision to the contrary elsewhere in this Code, any person who willfully violates the terms of this Master Fee Schedule shall be deemed guilty of a misdemeanor and may be fined one thousand dollars ($1,000.00).

(Sec. 2, Ord. 89-006, eff. May 18, 1989)

3-7.13 Establishment of Hourly Rates.

The fees for permits and licenses identified in the City of Emeryville Master Fee Schedule, which are based on cost, shall be computed on the actual time spent on the permit or license by City staff times the hourly rate established for that person’s time. The City Manager shall establish the hourly rates for the services of City staff spent on such permits or licenses charged at cost. The City Manager shall review these hourly rates on an annual basis and make any necessary adjustments thereto. The City Manager shall determine the amount of the initial deposit for categories indicated “subject to project” based on an estimate of the time required to process that application. All unexpended funds from the initial deposit shall be returned to the applicant within ninety (90) days of the date of final action on the project.

(Sec. 3, Ord. 90-5, eff. Aug. 9, 1990, as amended by Sec. 2, Ord. 92-06, eff. Mar. 5, 1992)