Chapter 5.04 BUSINESS LICENSES GENERALLY

The purpose of this chapter is to license for revenue the carrying on in the city of various lawful businesses, professions, trades, callings and/or occupations. (Prior code § 5.04.010)

5.04.020 Statutory authority.

For statutory provisions authorizing cities to license for revenue purposes, see the California Government Code. For statutory provisions authorizing cities to license in the exercise of the police power and for purposes of regulation, see the California Business and Professions Code. (Prior code § 5.04.020)

5.04.030 Definitions.

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the words and phrases used in this chapter shall have the following meanings:

“Building tradesman” is any person engaged within the city in any trade, art, calling, avocation or occupation of the building trades not licensed as a contractor by the state.

“Business” includes professions, shows, exhibitions, games, trades and occupations and all and every kind of calling or enterprise whether or not carried on for profit.

“Business license” constitutes evidence that the license fee obligations prescribed in this chapter have been satisfied.

“City” means the city of San Jacinto, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

“Commercial travelers” or “selling agents” means persons taking orders for the sale of goods, wares and/or merchandise, or service, to dealers maintaining a bona fide place of business in the city, at wholesale, for resale purposes, or to persons who use the goods, wares and/or merchandise in fabricating products within the city.

“Conduct” or “carry on” means and includes engaging in, carrying on, owning, maintaining, managing or operating any business, trade, art, profession, calling, employment, occupation or any commercial, industrial or professional pursuit, vocation or enterprise in this city.

“Employee” is a person who receives his or her compensation from an employer who withholds the necessary federal and state taxes, carries workers’ compensation insurance, and assumes all other responsibilities as an employer. Any person who is not an employee shall be deemed self-employed and in business for himself or herself.

“Family billiard parlor” is defined as a place of business wherein billiards, bagatelle or pool are played whether or not compensation is charged for the use of facilities. It does not include a place having not more than one coin-operated pool or billiard table maintained as an incident to some other type of business or activity.

“Fixed place of business” means and includes the place at which the principal tools, equipment or machinery used by any person are customarily stored or located or at which are maintained the principal stock of materials or supplies and the books and records used by any person in his or her work in this city.

“Garage sale” is defined as a garage, yard, lawn, patio or similar-type sale held anywhere on any residential premises for the purpose of disposing of personal property.

“Gross receipts” includes the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service or employments, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act, service or employment is done as a part of or in connection with the sale of materials, goods, wares or merchandise, or the rendition of personal services. Included in “gross receipts” shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, cost of materials used, labor or service costs, interest paid or payable, or losses, or other expenses whatsoever, and receipts attributable to selling activities or personal services within the city. Excluded shall be cash discounts allowed and taken on sales, credit allowed on property accepted as part of the purchase price and which property may later be sold, any fee required by law to be included in or added to the purchase price and collected from the consumer or purchaser.

“Handyman” means any person who provides casual labor and/or services and who limits himself to noncommercial advertising, who is not engaged in the same or like business elsewhere.

“License collector” means the city manager, or his or her authorized designee or representative charged with the administration of the business license tax program, hereinafter referred to as “collector.”

“Permit” means any written authorization, or permission, to conduct, manage or carry on a business activity within this city. A business license does not constitute a permit.

“Out-of-town business” includes every person conducting or carrying on a business within this city but not having a fixed place of business within this city.

“Owner-builder” is a person who acts as or employs a contractor, subcontractors, specialty contractors, or workmen under his or her supervision and direction by the hour or day, for the purpose of constructing improvements on real property owned by him or her within the city. He or she shall pay fees the same as a general building contractor unless his or her only business activity is construction on his or her property which is not offered or intended for sale within one year from date of completion.

“Person” includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, companies, business or common law trusts, societies and individuals transacting and carrying on any business in the city, other than as an employee.

“Premises” includes all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.

“Rental of property and accommodations” includes every person or company engaged in the business of renting, leasing, providing, exchanging or trading, without loss of ownership, any land, dwelling, building, structure or portion thereof for the purpose of occupancy, sleeping, lodging, boarding, or other use and accommodation. The license fee for the rental of properties is determined by ownership of the property. Agents acting for property owners are responsible for payment of the license fee on rentals. Such rental and accommodation to include but not be limited to:

1. Business Property, Rental. Buildings or portions thereof used for any business, commercial or industrial purposes or land for any purpose;

2. Residential Property, Rental. Apartments, recreation vehicle parks, trailer parks, mobilehome parks,

3. Accommodations, boardinghouse, hospital, hotel, inn, lodginghouse, motel, rest home, roominghouse, sanitarium.

“Rummage sale” is a sale of donated articles and goods for the purpose of nonprofit charitable functions.

“Solicitor/soliciting” means and includes any person who travels or goes from house to house within this city and peddles, hawks, vends or sells any goods, wares, medicines or merchandise carried or caused to be carried or conveyed by the person peddling, hawking, vending or selling the same, or who solicits or takes orders at retail for any services, goods, wares or merchandise for future performance or delivery. “Solicitor” includes and means peddler. This definition shall not apply to a properly cleared solicitor for a charitable organization.

“Sworn statement” means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. (Prior code § 5.04.030)

5.04.040 Determining number of employees.

The number of employees shall be the average number engaged in the business during the preceding fiscal year or during such portion thereof as the business was in operation. In the case of beginning businesses, the number shall be estimated by the applicant and the fee paid on the estimate but shall be adjusted to the actual number within thirty (30) days after the close of the year. The application for the business license each calendar year shall correctly set forth the number of employees applicable to the determination of the license fee. For the computation of the number of employees, three part-time employees working no more than twenty-five (25) hours each per week shall equal one full-time employee. (Prior code § 5.04.040)

5.04.050 Administrative rules and regulations.

The collector, with the approval of the city council, may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter. The regulations shall be in writing and be filed in the office of the collector and shall be open to public inspection. (Prior code § 5.04.050)

5.04.060 Applicability of other fees and taxes.

Persons required to pay a license fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any permit or license fee, or tax, for the privilege of doing such business, legally required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances. (Prior code § 5.04.060)

5.04.070 Scope of activities.

The granting of a license in connection with carrying on any business shall not be deemed a permit to conduct the same in an unlawful manner or at a place prohibited by law or ordinance. (Prior code § 5.04.070)

5.04.080 Scope of license.

The payment of a license fee required by the provisions of this chapter or any other ordinance and its acceptance by the city and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he or she has complied with all the requirements of this chapter and all other applicable laws and shall not entitle the holder to carry on any business in any building or on any premises designated in such license in the event such building or premises is situated in a zone or locality in which the conduct of such business is in violation of any law. (Prior code § 5.04.080)

5.04.090 Effect of provisions on past actions and obligations.

Neither the adoption of the ordinance codified in this chapter, nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit, license fees due required by this code to be posted, filed or deposited, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Prior code § 5.04.090)

5.04.100 Effect of provisions on existing licensed businesses.

Where a license for revenue has been issued to any business by the city and the fee paid therefor under the provisions of any section heretofore enacted and the term of such license has not expired, then the license fee prescribed for said business by this chapter shall not be payable until the expiration of the term of such unexpired license. (Prior code § 5.04.100)

5.04.110 Fictitious names.

No license shall be issued to any person conducting or carrying on any business, as enumerated in this chapter or any other ordinance, under a fictitious name, unless an affidavit is filed in the office of the clerk of Riverside County or collector of the city showing the true name or names of the owners of such business; provided, however, that such license may be issued in the true name or names of the owners of said business without the filing of such affidavit. (Prior code § 5.04.110)

5.04.120 Duration of license.

The duration of any license issued under this chapter shall be limited as follows:

A. If the license fee is an annual license fee, the license shall expire on the thirty-first day of December following the issuance of the license.

B. If the license fee is a daily license fee, the license shall expire at midnight of the day on which the license was issued; provided, however, that such license may be issued for a greater period of time than provided in this section, but not to exceed the close of the fiscal year established for business licenses. In such cases, the license fee for the entire period shall be due and payable at once.

C. Quarterly license periods shall be January 1st through March 31st, April 1st through June 30th, July 1st through September 30th, and October 1st through December 31st, for new businesses only. See Section 5.04.340. (Prior code § 5.04.120)

5.04.130 Transferability.

No license granted or issued under the provisions of this chapter or any other ordinance shall be in any manner transferred or assigned, nor shall it authorize any person other than those therein mentioned or named to do business, without the written consent of the collector endorsed thereon. At the time any such license is assigned or transferred, the person applying for such transfer or assignment shall make application for a license showing that he or she is continuing the same business already licensed and paying a transfer fee. (Prior code § 5.04.130)

5.04.140 Coin—operated machines—Licensing required.

A. Seizure for Nonpayment. Any coin-operated machine, device or game being used as such without a license under this division and found on any commercial premises or public place in the city may be seized by the collector. Such machine shall be redeemable by the true owner only within a period not exceeding sixty (60) days upon the payment of costs of seizure, if any, to the city, together with the license fee, plus penalty, if any, for the period during which such machine was installed, used or maintained without a city license.

B. Redemption and/or Sale. If the true owner cannot be found after reasonable inquiry, or if the owner fails to redeem, then the machine may be confiscated and sold by the collector at the end of sixty (60) days, after notice by registered mail to the last known address, if any, of the owner. The proceeds of such sale shall be credited to the general fund of the city. (Prior code § 5.04.140)

5.04.150 Contractor—State licensing requirements.

In any trade or profession where a state contractor’s license is required by the state, the applicant shall provide satisfactory evidence to the collector that the required state license is then current and valid before a city business license will be issued. A city business license fee may be deposited with the collector and when so deposited shall be held until satisfactory evidence of the state license is provided, for a period not to exceed fifteen (15) days. Such deposits, when the transaction therefor is not completed within fifteen (15) days shall be considered forfeited and thereafter deposited in the general fund of the city. (Prior code § 5.04.150)

5.04.160 Posting of licenses.

All licenses shall be kept and posted in the following manner, and no person having a duty to do so shall fail, refuse or neglect to comply with the following regulations.

A. Any licensee transacting and carrying on a business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.

B. Any licensee transacting and carrying on business, but not operating in a fixed place of business in the city, shall keep the license upon his or her person at all times while transacting and carrying on such business within the city.

C. Any licensee using a motor vehicle in connection with his or her business shall affix the license or copy of same to the right-hand lower corner of the windshield of such vehicle, as authorized by the vehicle code.

D. No license certificate shall be exhibited or kept in a conspicuous place by any person when such license has terminated, become delinquent or has been revoked or suspended. (Prior code § 5.04.160)

5.04.170 Recordkeeping—Confidentiality.

It is unlawful for the collector or any of his or her deputies to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any person required to obtain a license, or pay a license fee, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:

A. The disclosure to, or the examination of records and equipment by, another city official, employee or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting fees imposed under this chapter;

B. The disclosure of information to, or the examination of records by, federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;

C. The disclosure of information and results of examinations of records of a particular business license applicant or relating to such applicant, to a court of law in a proceeding brought to determine the existence or amount of any license fee liability of such applicants to the city;

D. The disclosure after the filing of a written request to that effect, to the applicant himself or herself, or to his or her successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid fee, any unpaid fees or amounts of fees required to be collected, interest and penalties; further provided, however, that the city attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this section when in his or her opinion the public interest would suffer thereby;

E. The disclosure of the names and addresses of persons to whom licenses have been issued, and the general type or nature of their businesses;

F. The disclosure by way of public meeting or otherwise of such information as may be necessary to the city council in order to permit it to be fully advised as to the facts when an applicant files a claim for refund of license fees, or submits an offer of compromise with regard to a claim asserted against him or her by the city for license fees, or when acting upon any other matter;

G. The disclosure of general statistics regarding fees collected or business done in the city. (Prior code § 5.24.010)

5.04.180 Windows in business establishments.

A. Construction and Maintenance. For the purposes of fire and police protection, all business establishments in the city shall have and maintain on the front entrance or main entrance of any such establishment, or at other appropriate locations, windows which shall each contain not less than twenty-four (24) square inches of clear glass. Any such window shall at all times be so maintained that an unobstructed view of the interior of any such establishment can be had at any time at normal adult eye level.

B. Supervision of Installation. The chief of police is authorized, directed and empowered to specify the location and shall supervise the manner of installation of any and all windows described by subsection A of this chapter. Such installation shall receive the official approval of the chief of police. (Prior code §§ 8.12.010, 8.12.020)

Article 2. License Requirements and Exemptions

5.04.190 License required.

There are imposed upon the businesses, trades, professions, callings and occupations specified in this chapter, license fees in the amounts prescribed in this chapter. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so and paying the fee prescribed in this chapter or without complying with any and all applicable provisions of this chapter.

A. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of this state. Persons not so required to obtain a license prior to doing business within the city nevertheless shall be liable for payment of the fees imposed under this chapter.

B. Nothing in this section shall be deemed to exempt any person, organization or association from complying with other provisions of this chapter or any other law or regulation requiring a permit or other approval from the city council or any city department, board, commission or other entity or public official, to conduct any business or activity. (Prior code § 5.08.010)

5.04.200 Branch facilities—Separate licensing—Dual classifications.

A. Branches and Separate Businesses. Except as otherwise specifically provided in this code, a separate license must be obtained for each business and for each branch establishment or location of a business. A separate license must be obtained for each separate business not ordinarily an accepted part of a licensed business although carried on at the same location as such licensed business. Each license shall evidence fee payment only, for the business licensed thereby at the location and in the manner designated in such license.

B. Separate Computation of License Fee. Where a license fee is imposed upon any business, and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business.

C. Dual Classification. Whenever a business may reasonably be classified under two or more separate specific categories set forth in this chapter with differing bases for fee computation, the fee shall be computed using the basis which will render the highest fee. (Prior code § 5.08.020)

5.04.210 Evidence of doing business.

When any person by use of signs, circulars, cards, telephone book, answering service, newspapers or any commercial means, advertises, holds out, or represents that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny same by a sworn statement given to the collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city. (Prior code § 5.08.030)

5.04.220 Interstate commerce.

Nothing contained in this chapter shall be construed as imposing a license fee on or otherwise regulating or restricting foreign or interstate commerce, and any business or portion thereof which is embraced in the term “interstate commerce,” or in the term “foreign commerce,” is specifically excepted from its provisions; provided, however, that every person claiming to be entitled to such exemption, shall file a verified statement with the collector disclosing the interstate or other character of the business upon which he or she claims the benefit of such exemption, which statement shall contain the following information:

A. The name and location of the person for whom orders are to be solicited or secured;

B. The kind of goods, wares or merchandise to be sold or delivered and the place from which the same are to be shipped;

C. The name and address of the local or state manager;

D. The method of solicitation or taking orders, and the method of delivery;

E. The location of any warehouse, factory or plant within the state from which goods, wares or merchandise are to be delivered;

F. A copy of the order blank, contract form, or other papers used by the applicant in taking such orders, shall be filed with the license collector;

G. The name and permanent address of the individual making out the application for the license. In addition to filing such statement, the applicant shall also complete a form of written statement required from the chief of police as set forth in Section 5.04.250. Upon the filing of such statements with the collector and the chief of police, the same shall then be presented to the city attorney, and if it appears to him or her that under the law, the applicant is entitled to exemption from the payment of a license fee, the city attorney shall recommend the issuance of a license certificate without the payment of a fee, and the collector shall comply with such recommendation. If the city attorney recommends the denial of such exemption, then no exemption shall be granted to the applicant; and in such event the applicant shall have such recourse as may be permitted by law. (Prior code § 5.08.040)

5.04.230 Exemptions.

A. Charitable Organizations, Etc. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee to conduct any business; occupation or activity from any institution or organization which is conducted wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any person; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition or lecture dealing with scientific, historical, political, literary, religious or other educational subjects within the city, the receipts whereof are to be appropriated to any service organization, church or school, or to any religious, charitable or benevolent purpose; nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any service club, or religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts thereof are to be appropriated for the purposes and objects for which such organization or association 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 organization or association from complying with the provisions of this or any other ordinance of the city requiring a permit or certificate of compliance as set forth in this chapter.

B. War Veterans. Subject to the requirements of this chapter, every person honorably discharged from any of the armed forces of the United States, and physically unable to earn his or her livelihood by manual labor, shall be permitted to hawk, peddle and vend any materials, goods, wares or merchandise (the sale of which is not prohibited by law), without the payment of any license fee required under this chapter, providing that the applicant shall file with or exhibit to the collector, as proof of his right to said exemption, the following documents and/or information:

1. A certificate of honorable discharge from any of the armed forces of the United States, or a certified or exemplified copy thereof;

2. A certificate of disability signed by any practicing physician or surgeon employed by the United States government, the county, or the city;

3. Two copies of a photograph of applicant taken within three years from the date of the application, one of which shall be attached to the license certificate if the same is issued, and the other to be retained by the collector;

4. The permanent residence address of the applicant.

Upon presentation of the requirements in this subsection, the collector shall issue a license certificate without fee, providing he or she is satisfied that the applicant is entitled thereto under the provisions of this section.

No license certificate issued under this section shall be assigned or transferred, and no person except the person named in said license certificate shall be permitted to carry on any of the business authorized thereunder.

The exemption provided is personal to the veteran exempted and shall not apply to a distributing or other business conducted by such veteran in which others are employed or to any business other than house to house, or place to place, hawking, peddling or vending goods, wares, or merchandise, or soliciting orders therefor by such veteran personally and individually.

C. Domestic Household Help and Babysitting. The license provisions of this chapter shall not be deemed to include or apply to domestic household help in the employ of an individual homeowner, or a babysitter caring for less than five children in total at a given address including the sitter’s own children.

D. Age and Small Income. The provisions of this division shall not apply to any person under eighteen (18) years of age or over sixty-five (65) years of age and whose annual gross income from any such business is less than six hundred dollars ($600.00) annually.

E. Filing for Exemptions.

1. No provisions in this section shall be deemed or construed to require the payment of a business license fee by any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment of such fees as are prescribed in this chapter.

2. Any person claiming an exemption pursuant to this section shall file an application including a sworn statement with the collector stating the facts upon which the exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the fees imposed in this chapter.

3. Any person having claimed exemption pursuant to this section who has filed an application therefor and has been issued a fee-free license/ permit, and who thereafter violates the conditions upon which such exemption is based, shall then become liable for the payment of the previously exempted fees.

4. The collector shall, upon a proper showing contained in the application, issue a permit to such person claiming exemption under this section without payment to the city of the license fee required in this chapter.

5. The collector, after giving notice and reasonable opportunity for hearing to a permittee, may revoke any permit granted pursuant to the provisions of this section upon information that the permittee is not entitled to the exemption as provided in this section.

F. Waiver or Reduction of Fees or Penalties by City Council. The city council, for good and satisfactory cause shown, may order the issuance of a license for less than the fees provided in this chapter, or without the payment of any fee whatsoever. (Prior code § 5.08.050)

5.04.240 Homegrown produce.

The provisions of this chapter shall not be deemed or construed to require the payment of a license fee by any person peddling exclusively any eggs, fruits, vegetables, or other produce, raised upon the lands of such person; provided, that such person shall furnish good and satisfactory proof and evidence to the collector that all such products were raised by such applicant upon his own lands and that such products must be inspected and approved by the State Agricultural Department if subject to inspection and approval and proof of that inspection shall be attached to the application for permit. (Prior code § 5.08.060)

5.04.250 Certificates of compliance.

A. For the protection of the public peace, health, safety and/or general welfare of the city, it is deemed necessary that in some instances a certificate of compliance must first be obtained before a permit or license is issued to persons seeking to conduct certain specified businesses.

B. Whenever in this chapter such a certificate of compliance is requested, it shall first be necessary for the applicant to file an application in such form as may be adopted by the respective official and/or city officials from whom such certificate of compliance is required. Satisfactory evidence must be produced and presented in support of such application. The application must contain the names and permanent business and residence addresses of the persons by and/or for whom the application is filed, the nature of the business to be conducted, the location and/or locations where such business is to be conducted, the proposed route, if any, of the applicant’s operations, the names and addresses of three responsible persons who have known the applicant for more than three years, the period of time the applicant has been engaged in the business sought by him or her to be licensed under this chapter, the places where applicant has been engaged in such businesses, any convictions for violation of any law, appropriate fingerprints of applicant plus required state processing fee, and such other pertinent information concerning the applicant as may be deemed necessary and/or proper to consider in recommending or denying the applicant the permit or license applied for.

C. The collector shall have the authority to require a certificate of compliance when in his or her discretion he or she deems it necessary for those categories of business not specifically mentioned in this chapter as requiring such certificate of compliance. (Prior code § 5.08.070)

Article 3. Application and Issuance

5.04.260 Contents of application.

Before any license is issued to any person, such person shall make application therefor to the collector. The applicant shall state the name of the person to whom the license is to be issued, the nature of the trade or business to be pursued, the place where such business will be conducted and such other information as may be required by the collector for the enforcement of the provisions of this chapter, or any other ordinance. (Prior code § 5.12.010)

5.04.270 Processing of application.

Upon application being made as provided in this chapter, and when the applicant has tendered the license fee required, the collector shall process the application. If it is an application for a license for a new business or if he or she otherwise deems it necessary, he or she may submit a copy thereof to other departments as appropriate, including the health officer if health and sanitation may be involved, in order to be able to advise the applicant whether the business and premises to be occupied meet the requirements of state law and city ordinances and any other applicable regulations. (Prior code § 5.12.020)

5.04.280 Procedure where legal impediments exist.

Whenever it appears to the collector that an application for a business license involves a proposed business activity for which other permit or licensing requirements are applicable under local or state or federal laws, ordinances or regulations before such business activity could lawfully be conducted in the city or at the particular location proposed or involves a proposed business activity which could not lawfully be conducted in the city or at the particular location proposed, the collector shall so inform the applicant, and ascertain whether, in view of such circumstances, the applicant desires to withdraw the application pending removal of the legal impediments, if such removal is possible. In the event the applicant nonetheless insists upon submitting the application, the collector shall accept the required fee for a time period not to exceed ninety (90) days, and issue a receipt therefor which shall contain language clearly stating that such receipt is not to be deemed in any way an official sanction for the conducting of the proposed business. In the event the time period exceeds the aforementioned ninety (90) days, and the impediments have not been removed, all moneys held by the collector shall be considered forfeited and deposited to the general fund. (Prior code § 5.12.030)

5.04.290 Contents of license.

Any license issued shall show the following:

A. The kind of business licensed;

B. Name and location of such business;

C. The amount of the license fee;

D. The date of expiration of such license;

E. Such other information as deemed necessary by the collector. (Prior code § 5.12.040)

5.04.300 Replacement of lost or destroyed licenses.

A duplicate license may be issued by the collector to replace any license previously issued under this chapter which has been lost or destroyed, upon the licensee filing a sworn statement as to such fact, and at the time of filing such statement, paying a fee as prescribed in the license schedule. (Prior code § 5.12.050)

5.04.310 Change of name or location of business.

No license issued under this chapter shall be transferable; provided, however, that where a license is issued for a business to a particular place or a particular name, such licensee may upon application therefor and upon paying a fee as prescribed in the license fee schedule, have the license amended to cover the transacting and carrying on of such business under a particular name or at a particular location to which the business is or is to be moved. (Prior code § 5.12.060)

5.04.320 Issuance of fee-free licenses.

All applications for a fee-free permit and/or license shall be referred to the collector, and he or she shall have the power in the first instance to determine the merits of such applications, and to approve or reject the same. If he or she finds that the application should be approved, he or she shall issue to the applicant a fee-free permit or license. If he or she rejects the application, the applicant shall have the right to appeal to the city council. (Prior code § 5.12.070)

5.04.330 Error in issuance of license.

The city shall not be bound by the mistake of any officer or employee of the city in issuing a license contrary to the terms of this chapter. (Prior code § 5.12.080)

Article 4. Payment and Collection

5.04.340 License fee—When payable.

A. Unless otherwise specifically provided, all annual license fees are due and payable on the first day of January of each year and shall be delinquent after the thirty-first day of January.

B. Each person required to have a license shall be liable for the payment of the fee for the full term, except that a new license fee shall be prorated except as otherwise provided in this chapter, to the first quarter of operation, or to the date of the business license application, whichever is sooner.

C. Any person making application for a license for the first time, or making application for a license which was not issued to that person in the preceding fiscal year shall be considered a new applicant for purposes of prorating fees.

D. When a person makes application for a license as a new owner of an existing business, and when the preceding owner has paid the annual business license fee for the current year, the new owner shall be issued a license for the unexpired term of the preceding owner’s license for a transfer fee plus ten percent of the current annual business license fee for that business; provided, that the new owner shall otherwise have his or her application processed as though he or she were a new license applicant.

E. Unless otherwise specifically exempted, persons conducting out-of-town businesses shall be required to pay a license fee for a full term regardless of the date of the license application. (Prior code § 5.16.010)

5.04.350 Renewals—Penalty for delinquency.

All renewal licenses shall be delinquent if not paid on or before the last day of January. A penalty of ten percent of the license shall be added to delinquent licenses on the first day of the succeeding month after the due date thereof, and an additional penalty of twenty (20) percent shall be added thereto on the first day of each succeeding month thereafter; provided, that the amount of such penalties to be added shall not exceed one hundred (100) percent of the license fee due. (Prior code § 5.16.020)

5.04.360 Doing business without license—Penalty.

A penalty of fifty (50) percent of the prescribed license fee, or twenty dollars ($20.00), whichever is higher, shall be added to the license for any business starting operations before first applying for and securing a business license, unless otherwise provided. (Prior code § 5.16.030)

5.04.370 Extensions of time.

In addition to all other powers conferred upon him or her, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued, except that ten percent of any fee determined to be payable shall be added thereto. (Prior code § 5.16.040)

5.04.380 Fee deemed debt to city.

The amount of the fee of any license imposed under this chapter shall be deemed a debt to the city; and any person, firm or corporation carrying on any business mentioned in this chapter without having a license from this city to do so shall be liable to an action in the name of the city in any court of competent jurisdiction, for the amount of license fee imposed herein on such business. (Prior code § 5.16.050)

5.04.390 Actions to collect.

The city attorney or the collector may, on behalf of the city, take all appropriate legal action in order to collect such debts owing to the city, and may commence, or defend in the name of the city in any court of competent jurisdiction, an action or actions relating to any amount of license fee, penalties and interest alleged by the collector to be due the city, or an action to collect the amount of any delinquent fee, together with penalties and interest due. (Prior code § 5.16.060)

5.04.400 Recovery of court costs.

In case of recovery by the plaintiff, court costs shall be added to the judgment as costs to be collected from the defendant or defendants. (Prior code § 5.16.070)

5.04.410 Determinations—Generally.

If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector he or she fails to file a corrected statement, or if any person subject to a license fee imposed under this chapter fails to apply for a license, or if any such person disputes the amount of the fee due or the categorization of the business involved, the collector may determine the amount of license fee due from such person by means of such information as he or she may be able to obtain. (Prior code § 5.16.080)

5.04.420 Determinations—Additional information.

If the collector is not satisfied with the information supplied in statements or applications filed, he or she may determine the amount of any license due by means of any information he or she may be able to obtain. (Prior code § 5.16.090)

5.04.430 Determinations—Hearing.

If a determination pursuant to Sections 5.16.080 and 5.16.090 is made, the collector shall give a notice of the amount so assessed by serving such notice personally or by depositing it in the United States Post Office at San Jacinto, California, postpaid, addressed to the person so assessed at his or her last known address. Such person may, within fifteen (15) days after the mailing or serving such notice, make application in writing to the collector for a hearing on the amount of the license fee. If such application is made, and the collector does not make an adjustment in the assessment satisfactory to the applicant, the collector shall cause the matter to be set for hearing within thirty (30) days before the city council. The collector shall give at least ten days’ notice to such person of the time and place of hearing in the manner prescribed in this section for serving notices of assessment. The council shall consider all evidence produced, and shall make findings thereon, which shall be final. Notices of such findings shall be served upon the applicant in the manner prescribed in this section for notices of assessment. (Prior code § 5.16.100)

5.04.440 Error in fee nonprejudicial.

In no case shall any mistake by any officer or employee of the city in stating the amount of a license fee prevent or prejudice the collection by the city of what should be actually due from any person carrying on a business subject to a license fee under the provisions of this chapter. (Prior code § 5.16.110)

5.04.450 Duties of collector and deputies.

The collector and his or her deputies are appointed inspectors of licenses, and in addition to their several other duties, are authorized, directed and empowered to investigate all places of business and all persons conducting any business in the city, and shall have power and authority:

A. To enter, free of charge, at any reasonable time, any place of business for which a license is required under this chapter, to demand the exhibition of a license therefor for the current term of and from the person then and there in charge, or apparent charge, of such business; and if such person shall then and there fail to exhibit such license upon demand, the person shall be deemed guilty of an infraction and shall be punishable as provided in this chapter;

B. To make arrests for the violation of any of the provisions of this chapter and/or any other business license ordinance;

C. To file complaints in the proper court against any and all persons violating any of the provisions of this chapter or any other business license ordinance;

D. It is the duty of the collector to prepare and issue a license certificate to every person paying a license fee authorized under this chapter. (Prior code § 5.16.120)

Article 5. Enforcement and Appeals

5.04.460 Exhibition of license required.

Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer, or by any officer authorized to issue, inspect or collect licenses. (Prior code § 5.28.010)

5.04.470 Revocation of license.

A. Any license issued pursuant to the provisions of this chapter may be revoked by the city council for what it may deem good and sufficient reasons in order to preserve the peace, health, safety or general welfare of the city.

B. The revocation shall be made only upon a hearing held before a quorum of the city council after ten days’ written notice to the licensee, stating the grounds of complaint against him or her and stating the time and place where the hearing will be held. Service of the notice shall be deemed complete by either delivery to the licensee personally or by posting the notice in a conspicuous place on the premises where the licensee is conducting his business, at least ten days prior to the date set for the hearing. The hearing may, by the city council, be continued from time to time. The findings and conclusions by the city council thereon shall be final and conclusive, with right of appeal by the licensee to any court of competent jurisdiction. (Prior code § 5.28.020)

5.04.480 Suspension of license.

The license to conduct any business for which a license has been issued may be suspended forthwith, if, in the judgment of the chief of the fire department, chief of police, health officer, building inspector, superintendent of streets, collector, or the city council, the suspension is necessary to preserve the peace, health, safety or general welfare of the city. The suspension shall not continue for more than fifteen (15) days unless, within the fifteen (15) days an order to show cause why the license should not be revoked has been issued and a hearing ordered thereon as provided in Section 5.04.470, in which event, the suspension may continue until the hearing has been held and the matter disposed of by the council. (Prior code § 5.28.030)

5.04.490 Violation—Cumulative remedies.

A. The conviction and punishment of any person for engaging in any business without first obtaining a license to conduct the business shall not relieve the person from paying the license fee due and unpaid at the time of the conviction, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this chapter.

B. All remedies prescribed under this chapter shall be cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Prior code § 5.28.040)

5.04.500 Violation—Criminal prosecution.

Nothing in this chapter shall prevent a criminal prosecution for any violation of the provisions of this chapter. (Prior code § 5.28.050)

5.04.510 Violation—Penalty.

Any person violating any of the provisions of this chapter, or who does not obtain a license prior to doing business, or who knowingly or intentionally misrepresents to any city official any material fact in procuring a license or permit or certificate of compliance provided for in this chapter, shall be deemed guilty of an infraction and upon conviction thereof, punishable by a fine of not more than five hundred dollars ($500.00). (Prior code § 5.28.060)

5.04.520 Violation—Each day a separate offense.

The carrying on of any business, trade, calling, profession or occupation without complying with the requirements of this chapter is a separate violation of this chapter for each and every day that the business is carried on. (Prior code § 5.28.070)

5.04.530 Appeals procedure.

A. Any person aggrieved by any decision of the collector with respect to the issuance or application for issuance of any license under this chapter may appeal to the city council by filing a notice of appeal with the city clerk.

B. The city clerk shall fix an early time and place for hearing the appeal.

C. The city clerk shall give notice to the person of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office at San Jacinto, California, addressed to such person at his or her last known address.

D. The city council shall have authority to determine all questions raised on such appeal. No determination shall conflict with any substantive provision of this chapter. (Prior code § 5.32.010)