Chapter 5.04


5.04.010    License tax established.

5.04.020    Definitions.

5.04.030    Merchants.

5.04.040    Permanent general business.

5.04.050    Ten dollars per year class.

5.04.060    Two dollars per day class.

5.04.070    Three dollars per day class.

5.04.080    Five dollars per day class.

5.04.090    Itinerant or transient business.

5.04.100    Application for license for certain amusement businesses.

5.04.110    Billposting.

5.04.120    Exemptions.

5.04.130    Application procedure.

5.04.140    Continuance under previous license.

5.04.150    Discontinuance of business.

5.04.160    Two businesses at same location – Different owners.

5.04.170    Two businesses at same location – Same owner.

5.04.180    Recordkeeping.

5.04.190    Revocation of license.

5.04.200    Violation – Penalty.

5.04.210    Civil action for collection of tax.

5.04.010 License tax established.

For the purpose of regulating the various businesses, trades and callings carried on in the limits of the city, and also for the purpose of producing revenue to carry on the public functions of the city, the license tax for each business, trade or calling is fixed as set forth in this chapter, and it shall be unlawful to carry on such business in this city without paying the license tax. All licenses must be paid semi-annually, January 1st and July 1st of each year. (Ord. 36 § 1, 1939)

5.04.020 Definitions.

For the purpose of this chapter, the following words and phrases, when used in this chapter, shall have the meaning set out in this section unless otherwise specified. Words of the singular number shall include the plural number and words used in the masculine gender shall include the feminine gender.

A. “Goods, wares and merchandise” means stock in trade, and personal property of every name and nature carried on hand for sale or offered for sale.

B. “Merchant” means any person selling goods, wares and merchandise at a fixed and permanent place of business.

C. “Peddler” includes every person who travels from place to place, or has a stand upon any public street, alley or other public place, doorway or any room or building, unenclosed vacant lot or parcel of land, who sells, or offers for sale, any goods, wares or merchandise in his possession.

D. “Permanent business” means that business, trade, calling, profession or avocation carried on by any person, who is permanently established in business in this city, and has been continuously for over one year, or who hereafter remains in business in this city continuously for more than one year, or who comes into this city and acquires real property for a business site and conducts a business thereon, or who leases business premises for a term of six months or more, or who otherwise produces evidence to the satisfaction of the city council he is here to engage in business permanently.

E. “Person” means any person, firm or corporation.

F. “Solicitor” includes every person who engages in the business of going from house to house, place to place or in or along the streets of this city, selling or taking orders for goods, wares or merchandise or other things of value for future delivery, or for services to be performed in the future.

G. “Transient business” means any business, trade, profession, avocation or calling carried on by any person, who does not enter this city to engage in business herein permanently. (Ord. 36 § 2, 1939)

5.04.030 Merchants.

Every person doing a permanent business in this city as a merchant shall pay an annual license fee of $25.00. (Ord. 36 § 3, 1939)

5.04.040 Permanent general business.

Every person doing a permanent general business in this city, which business is not specifically otherwise mentioned and provided for in this chapter, shall pay an annual license fee of $25.00. (Ord. 36 § 4, 1939)

5.04.050 Ten dollars per year class.

Every person engaged in a business named in this section shall pay an annual license fee of $10.00 per year.

A. Every tailor or tailor’s shop, photographer or art studio, beauty shop or beauty parlor, barbershop, shoemaker or shoe repair shop, watchmaker or jeweler, taxi service, storage, terminal or depot, express agency terminal or depot, insurance agency, laundry which employs extra help, auto camps having four or more cabins for rent, undertakers, mortuary, draying or trucking, or printing shop;

B. Every attorney, physician or surgeon, dentist, chiropractor, optometrist, veterinary, artist, architect, auctioneer, engineer, assayer, surveyor, public stenographer, public accountant, or any other profession;

C. Every roominghouse having more than four and less than 10 rooms, dairy product business delivering dairy products within the city and not including manufacturing;

D. Every person engaged in the business of conducting a plumbing shop, blacksmith shop, welding shop, sheet metal shop, cabinet or carpentry shop;

E. The issuance of a license for garbage pickup service shall be limited to one license per year. (Amendment dated 12/2/68; Ord. 36 § 5, 1939)

5.04.060 Two dollars per day class.

Every person entering within the limits of the city pursuing therein the business of peddler or solicitor as defined in this chapter shall pay a license tax of $2.00 per day except as hereinafter specified. Wood dealers are exempted. (Ord. 36 § 6, 1939)

5.04.070 Three dollars per day class.

Every person who sells or offers for sale upon the public streets or highways, from any vehicle commonly known as a mobile shop, or rolling or traveling store, any goods, wares or merchandise shall pay a license tax of $3.00 per day, excepting, however, persons who sell goods, wares, or merchandise to merchants buying for the purpose of resale. (Ord. 36 § 7, 1939)

5.04.080 Five dollars per day class.

Every person entering the city and carrying on therein the business or calling of telling fortunes, clairvoyant, phrenologist, or palmist shall pay a license tax of $5.00 per day. (Ord. 36 § 8, 1939)

5.04.090 Itinerant or transient business.

Every person who shall enter the city for the purpose of conducting a transient or itinerant business, occupation or calling shall be classified as carrying on an “itinerant business,” and must first obtain a license authorizing him to carry on such business. He shall pay a license tax of $2.00 per day in advance therefor for each day he proposes to carry on such itinerant business herein and the chief of police, upon finding any such person carrying on such business in the city shall require him to appear before the city clerk and file a verified statement, stating the nature of his business, its location, length of time he intends to carry on same, and means of conducting same. The chief of police shall collect from such person the license tax required for the length of time he desires same and issue him a license therefor, to expire on the date named. If such person refuses to file such statement and pay the license tax, and if he opens up or carries on his business, he shall be subject to arrest for violation of this chapter. Should such person declare his intention of engaging in business in the city permanently and does not come within the definition of a permanent business as defined in this chapter, he shall be required to make a deposit of $100.00 to secure the payment of the itinerant license tax, and he shall be given a license for a permanent business of the class in which he falls. The application shall be reported to the city council, and if applicant satisfies them he is to engage in, or about to engage in, a permanent business, his deposit shall be returned, but if he does not, his deposit shall increase to $250.00 until he does so satisfy, the city council, or until he is here in business for a continuous period of six months. If his business is of a permanent nature, but he is prevented from continuing same by circumstances beyond his control, his deposit shall be returned to him, if for such cause he is required to discontinue his business. If, however, he is engaged in an itinerant business, a charge of $2.00 per day, for each day he has been in the city, shall be made against him as a license tax, and shall be deducted from the deposit, and the remainder, if any, returned to him. He may at his option, in lieu of a cash deposit, file a bond in the sum of $500.00 with a corporate surety, or two or more personal sureties, to be approved by the chief of police or mayor, conditioned upon his paying the itinerant license tax, in case he does not engage in a permanent business. (Ord. 36 § 9, 1939)

5.04.100 Application for license for certain amusement businesses.

A. The city council, believing that it is for the best interest of the city to retain control of the issuance of licenses for the following businesses and occupations within the limits of the city, does require any person who desires to engage in any such occupation or business in this city to make application to the city clerk therefor. The clerk shall, however, have no authority to issue such license, but shall report the matter to the council at its next meeting, and the city council shall hear the applicant, and the city council shall have the right to refuse any such license, if it determines that the granting of the same will be contrary to the preservation of the public peace, safety, or welfare of the city or its inhabitants, if the permit and restrictions upon the operation, management and conduct of the business are not in conflict with any paramount law, it may deem necessary or expedient to protect the health, safety or welfare of the city’s inhabitants. Any applicant for such a permit shall be entitled to a hearing before the city council upon a request therefor.

B. Upon the authorization of such license, the clerk shall collect the following tax therefor:

1. For every person conducting a bowling alley, $10.00 per year;

2. For every boxing exhibition, sparring exhibition, or wrestling exhibition, $3.00 per exhibition;

3. For every carnival, merry-go-round, circus, dog and pony show, or tent show, $25.00 per day;

4. For every chautauqua, $10.00 per day;

5. From every skating rink, $40.00 per year, payable quarterly. (Ord. 107 § 1, 1983; Ord. 36, § 10, 1939)

5.04.110 Billposting.

Every person who desires to post bills or distribute posters within the city for the purpose of advertising shows, dances or other commercial ventures shall first secure a license therefor, and shall pay for the license the sum of $5.00 for each quarter. (Ord. 36 § 11, 1939)

5.04.120 Exemptions.

A. The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business, occupation, or activity for charitable purposes or from which profit is not derived, either directly or indirectly, by any person, nor for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subject whenever the receipts from the same are to be appropriated to any church or school, or to any religious or benevolent purpose within the limits of the city; or whenever the receipts from the same are appropriated for the purposes and objects from which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any person; provided, however, that nothing contained in this section shall be deemed to exempt any such institution or organization, unless such institution or organization applies to the city council or proper officer, for a permit to conduct, carry on, or manage such trade, calling or occupation.

B. Disabled veterans shall not be charged a license tax for peddling or soliciting, provided the person shall first exhibit to the license collector satisfactory evidence of honorable discharge from the United States service and of service-connected disability.

C. The provisions of this chapter requiring a license shall not be deemed to include or apply to farmers, poultry men, or horticulturalists who may sell exclusively their own produce. This exemption shall not apply to nurseries or other commercial establishments which buy goods for resale as well as selling their own goods.

D. The provisions of this chapter requiring a license for a solicitor shall not be deemed to include those soliciting orders to established firms in the city, that pay a license, nor for soliciting subscriptions to newspapers and magazines.

E. Every peddler, solicitor, or other person claiming to be entitled to exemption from payment of any license tax provided for in this chapter upon the grounds that such license casts a burden upon his right to engage in commerce with foreign nations or among the several cities, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement of licenses, disclosing the interstate or other character of his business entitling such exemption. Such statement 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 affidavit. If it appears that the applicant is entitled to such exemption, such applicant shall forthwith be issued a free license. (Ord. 36 § 12, 1939)

5.04.130 Application procedure.

Any person, before engaging in any business in the city, must make application to the city clerk, and the clerk shall report the same to the chief of police and if the business does not require a license, the chief of police shall issue a certificate to that effect and deliver same to the person and report same to the city council. If a license is required, except in these cases mentioned where the council reserves the right to order issuance of license, the chief of police shall collect the license tax and issue the license. (Ord. 36 § 13, 1939)

5.04.140 Continuance under previous license.

Any licensed person engaged in business at the time this chapter takes effect may continue under the old license until the same expires, and renewals shall be governed by this chapter. (Ord. 36 § 13, 1939)

5.04.150 Discontinuance of business.

Any person not actively conducting a business continuously for the full period of his license shall, in case he discontinues business and reopens, be required to take out a new license when he reopens, and shall not be entitled to a refund for the unexpired period, provided, if a business is transferred, the council may permit the license to be transferred, or if a business is discontinued by unavoidable circumstances over which the licensee has no control, or for removal to another location, the city council may allow the license to continue in force. (Ord. 36 § 13, 1939)

5.04.160 Two businesses at same location – Different owners.

Two or more persons carrying on the same or different businesses or occupations at the same location, but under different ownership or proprietorship, shall pay a separate license for each such business. (Ord. 36 § 13, 1939)

5.04.170 Two businesses at same location – Same owner.

Any person carrying on the same or different businesses at different locations shall pay a separate license tax for the businesses at each location. Any person carrying on the business of a merchant or a general business shall pay no more than one license tax unless he maintains more than one place of business, in which event he shall pay a license tax for such other business, trade or calling as provided in this chapter. (Ord. 36 § 13, 1939)

5.04.180 Recordkeeping.

The city clerk and chief of police shall each, in a suitable book, keep a record of all licenses collected, paid and issued, showing a date of issuance, and the date of expiration, and the amount received. Not less than 10 days before any license expires, the chief of police shall notify the licensee in writing, stating that his license will expire on a certain date named in the notice, and requiring the licensee to appear at his office and renew his license if the licensee desires to continue with his business, trade or calling in this city; and to pay the license tax for such business, a penalty which shall be in addition to all other penalties required in this chapter of 10 percent shall be added to the license tax for the business, trade or calling. (Ord. 36 § 14, 1939)

5.04.190 Revocation of license.

The city council may, in its discretion, revoke or suspend for a period of not exceeding three months any license granted under this chapter on proof of the violation by the licensee, or his agents, or employees, of any municipal or county ordinance, or statutes of the United States or state of California. In the event of such revocation or suspension, no part of the license tax paid shall be refunded to the licensee. (Ord. 36 § 15, 1939)

5.04.200 Violation – Penalty.

Any person violating any provision of this chapter, or of any chapter of any code in which the ordinance codified in this chapter shall be incorporated, which pertains to the licensing of transactions and carrying on of certain businesses, trades, professions, callings and occupations in the city, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment in a city jail, or county jail, for a period of not more than six months, or by both such fine and imprisonment, and the conviction and punishment of such person under this provision shall not excuse or exempt any person from the payment of any license due or unpaid from such person at the time of such conviction, and nothing in this section shall prevent criminal prosecution for any other or further violation of any provision of this chapter. (Ord. 107 § 2, 1983; Ord. 36 § 16, 1939)

5.04.210 Civil action for collection of tax.

In addition to all other penalties provided for by this chapter, the city council may order and direct the city attorney to institute a civil action against any person for the collection of any license tax, or any portion of any license tax, or penalty due and unpaid, and the suit may be instituted in any civil court of competent jurisdiction. (Ord. 36 § 17, 1939)