5.04 Business Licenses Generally
Sections:
5.04.010 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings
ascribed to them, unless otherwise noted:
"Christmas tree lot" means and includes any of the following: any real property or portion
thereof on which cut Christmas trees and other Christmas paraphernalia, as defined in this
section, are offered for sale. Christmas paraphernalia shall include but not be limited to
boughs, branches, wreaths and any other items composed and/or constructed of live vegetation.
"Commercial sign" means and includes any mark, figure, writing or other inscription placed or affixed
upon any building or structure, but shall not include the term billboard.
"Commercial sign business" means and includes any of the following: offering for sale,
selling, contracting to sell, soliciting to sell commercial signs or the erection,
construction, repair and maintenance thereof; and the constructing, erecting, installing,
repairing and maintaining of commercial signs.
"Dancing academy" means a regularly established place of business or entertainment where instruction
in dancing or dancing lessons is given or taught and a charge or fee for such instruction
or lessons is made, paid or received.
"Industrial catering vehicle" means any vehicle which carries food and has the ability to keep the food either
hot or cold but does not prepare food in the vehicle and which is certified by the
Los Angeles County department of health services or its successor.
"Junk collector" means any person not having a fixed place of business in the city who goes from
place to place gathering, collecting, buying, selling or otherwise dealing in any
old rags, sacks, old gold, silver, platinum, precious metals, metals or other articles
of junk, excepting any wastes or recyclable materials placed at a designated collection
location for the purpose of collection by the city or the city's authorized
agent.
"Mobile food preparation vehicle" means any vehicle upon which food is prepared for service,
sale, or distribution at retail and which is certified by the Los Angeles County department
of health services or its successor.
"Open-air market" means a definite location or place, and not within a permanent structure,
where two or more stands or sites are maintained for the sale of merchandise or food.
"Pawnbroker" means any person engaging in, conducting, managing or carrying on a business of
loaning money on the security of personal property pledged in his or her keeping, or of
purchasing personal property, and agreeing at or before the time of purchase to resell the
same to the vendor at a stipulated price.
"Pumpkin sales lot" means and includes any of the following: any real property or portion thereof where
pumpkins and other Halloween or Thanksgiving paraphernalia, as defined in this section,
are offered for sale. Halloween and Thanksgiving paraphernalia shall include but
not be limited to pumpkins, hay, straw, cornstalks and Indian corn or any other
item intended as decorations for use on or about the dates known as Halloween and
Thanksgiving day.
"Self-service laundry" means any laundry where a majority of the manual operations are performed by the
patrons or customers.
"Wreck, fire, bankrupt or damaged goods sale" means and includes the sale of goods, wares and
merchandise salvaged from a fire, wreck or other calamity; sale of goods, wares or merchandise
of a bankrupt sale or purchased from a receiver in bankruptcy; or a sale of goods, wares or
merchandise advertised as either a fire, wreck, bankruptcy or damaged goods sale.
(Prior code §§ 7-1, 7-3.1, 7-4--7-6, 7-10, 7-10.1, 7-11, 7-13, 7-14, 7-14.1, 7-15,
7-16.1)
5.04.020 License required.
No person, whether as principal or agent, clerk or employee either for himself or
herself or for any other person, or for any body corporate, or as an officer of
any corporation, or otherwise, shall commence or carry on any trade, calling, profession
or occupation in Chapters 5.04 and 5.08 of this code, specified in the city, without
first having procured a license from the city so to do, or without complying with
any and all regulations of such trade, calling, profession or occupation contained
in Chapters 5.04 and 5.08 of this code. The carrying on of any trade, calling, profession
or occupation mentioned in Chapters 5.04 and 5.08 of this code without first having
procured a license from the city so to do, or without complying with any and all
regulations of such trade, calling, profession or occupation contained in such sections,
shall constitute a separate violation for each and every day that such trade, calling,
profession or occupation is so carried on.
(Prior code § 7-16)
5.04.030 Separate license for each branch or separate place of business.
A separate license must be obtained for each branch establishment or separate place
of business in which the trade, calling, profession or occupation is carried on,
and each license shall authorize the party obtaining it to carry on, pursue or conduct
only that trade, calling, profession or occupation described in such license, and
only at the location or place of business which is indicated thereby.
(Prior code § 7-17)
5.04.040 Issuance.
The city shall issue a license or permit designated in this chapter for every person
liable to pay a license or permit hereunder and to state in each license or permit
the amount thereof, the period of time covered thereby, the name of the person to
whom issued, the trade, calling, profession, occupation or activity licensed or
permitted, and the location or place of business where such trade, calling, profession,
occupation or activity is to be carried on.
(Prior code § 7-18)
5.04.050 Transferability.
No license or permit granted or issued under any provisions of this chapter shall
be in any manner transferred or assigned, or authorize any person other than is
therein mentioned or named to carry on any trade, calling, profession, occupation
or activity. Any change in location or name of person from that which is shown on
the issued license or permit shall require a new license or permit to be obtained.
(Prior code § 7-19)
5.04.060 Duplicates.
A charge for each duplicate license or permit issued to replace any license or permit
issued under the provisions of this chapter which has been lost or destroyed shall
be made in such amount as established by resolution.
(Prior code § 7-20)
5.04.070 Mistakes in amount.
In no case shall any mistake made by the city clerk in stating the amount of a license
prevent or prejudice the collection by the city of the amount which shall be actually
due from any person carrying on a trade, calling, profession or occupation, subject
to a license under Chapters 5.04 and 5.08 of this code.
(Prior code § 7-21)
5.04.080 Exhibition.
Every person having a license or permit under the provisions of this chapter, and
carrying on a trade, calling, profession, occupation or activity at a fixed place
of business, shall keep such license or permit posted and exhibited while in force
in some conspicuous part of his or her place of business. Every person having such
a license or permit and not having a fixed place of business shall carry such license
or permit with him or her at all times while carrying on the trade, calling, profession,
occupation or activity for which the same was granted and shall produce it for inspection
upon demand. Every person having a license or permit issued under the provisions
of this chapter shall produce and exhibit the same when applying for a renewal thereof,
and whenever requested to do so by any police officer or by any officer authorized
to issue, inspect or collect licenses and permits.
(Prior code § 7-22)
5.04.090 Suspension or revocation--Appeal.
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Any license issued under the terms of Chapters 5.04 and 5.08 may be suspended or
revoked by the city manager when it shall appear that the business or calling of
the person to whom such license was issued is conducted in a disorderly or improper
manner or in violation of any statute of the state, or ordinance of the city, or
that the person conducting the business is of an unfit character to conduct the
same, or the purpose for which the license has been issued is being abused to the
detriment of the public, or is being used for a purpose wholly foreign to that for
which the license was issued.
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A license issued under the terms of Chapters 5.04 and 5.08 shall not, by virtue
of this section, be revoked, canceled or suspended until a hearing shall have been
had by the city manager relative to so doing. Written notice of the time and place
of such hearing shall be served upon the permittee at least three days prior to
the date set for such hearing. Such notice shall also contain a brief statement
of the grounds to be relied upon for revoking, canceling or suspending such permit.
Notice may be given either by personal delivery thereof to the person to be notified
or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed
to such person to be notified, at the business address appearing upon the license.
In revoking any such license, the city manager may authorize refund of all or any
portion of the fee paid therefor. After any such license shall have been revoked,
neither the holder thereof nor any person acting for the holder directly or indirectly,
shall be entitled to another license to carry on the same or any similar business
in the city, unless the application for such license shall be specifically approved
by the city manager. Any person aggrieved by the action of the city manager in revoking
or suspending such license may appeal to the council within the time and in the
manner provided in Chapter 2.88.
(Prior code § 7-23)
5.04.100 Revocation for conviction or nolo contendere plea to misdemeanor.
Notwithstanding the provisions of Section 5.04.090,
a conviction of, or a nolo contendere
plea entered, within a year, to any misdemeanor described in Sections
5.08.320, , 10.28.050
or 10.28.060 of this code of any person described
in Section 5.08.310 shall result in the automatic
revocation of the license or permit. Such revocation shall last for one hundred
eighty days from such revocation. For any person twice convicted of, or entering
a nolo contendere plea to a violation
of Section 5.08.310, applications for licenses
described in Section 5.08.310 shall not be
accepted until the expiration of one hundred eighty days, after such conviction
or plea.
(Prior code § 7-23.1)
5.04.110 Licenses for revenue purposes.
The licenses required by Chapters 5.04 and 5.08 of this title which are also licensed
by the state are for revenue purposes only and the regulatory provisions of Chapters
5.04 and 5.08, including the power to revoke and suspend the licenses as provided
by Section 5.04.090, shall not apply.
(Prior code § 7-24)
5.04.120 License constitutes debt to city.
The amount of any license imposed by Chapters 5.04 and 5.08 shall be deemed a debt
to the city and any person carrying on any trade, calling, profession or occupation
mentioned in Chapters 5.04 and 5.08 of this code without having a license from the
city so to do shall be subject to an action in the name of the city in any court
of competent jurisdiction for the collection of the amount of license by Chapters
5.04 and 5.08 imposed on such trade, calling, profession or occupation.
(Prior code § 7-25)
5.04.130 Effect of conviction for transacting trade without license.
The conviction and punishment of any person for transacting any trade, calling,
profession or occupation without a license shall not excuse or exempt such person
from the payment of such license due or unpaid at the time of such conviction, and
nothing in this section shall prevent a criminal prosecution for any violation of
the provisions of Chapters 5.04 and 5.08.
(Prior code § 7-26)
5.04.140 Payment of fees.
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All license and permit fees shall be paid in advance in lawful money of the United
States to the city.
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Daily Licenses and Permits. The daily licenses and permits required by this chapter
shall be due and payable to the city each day in advance.
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Weekly Licenses and Permits. The weekly licenses and permits required by this chapter
shall be due and payable to the city and must be procured by such persons before
commencing to carry on such trade, calling, profession, occupation or activity.
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Monthly Licenses and Permits. The monthly licenses and permits required by this
chapter shall be due and payable to the city on the first day of each month and
must be procured by such persons before commencing to carry on such trade, calling,
profession, occupation or activity.
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Annual Licenses and Permits. The annual licenses and permits required by this chapter
shall be due and payable to the city at the times specified in this section respectively,
or when not so specified on the first day of July of each year, but the first annual
license or permit issued to any person, as provided in this section, shall be issued
for the unexpired one-quarter, two-quarters or three-quarters of the current year,
except as otherwise specifically provided under the provisions of this chapter.
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No greater or lesser amount of money shall be charged or received for any license
or permit than is provided by resolution and no license or permit shall be sold
or issued for any period of time other than is provided in this chapter. All fees
collected must be deposited with the city treasurer.
(Prior code § 7-27)
5.04.150 Penalty for delinquency.
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At the close of business on any day on which a daily license shall be required,
the city shall add to each such daily license remaining unpaid at such time a penalty
of twenty-five percent of the amounts of such delinquent daily license; provided
however, that when the day on which such license is required falls on a Sunday or
a holiday, such penalty shall be added to each such delinquent daily license at
the close of business on the last business day preceding each Sunday or holiday.
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At the close of business on the tenth day of every month, the city shall add to
all monthly licenses remaining unpaid a penalty of twenty-five percent on each delinquent
monthly license. At the close of business on the tenth day of the second month in
which any annual license or permit may be due, the city shall add to all such annual
licenses or permits remaining unpaid a penalty of twenty-five percent on each delinquent
annual license or permit. A monthly interest charge as set by resolution shall be
added to the cost of each delinquent license or permit at the end of such subsequent
month that such license remains unpaid.
(Prior code § 7-28)
5.04.160 Civil penalties.
Any person operating a trade, calling, profession or occupation requiring a license
or permit under the provisions of this chapter that does not obtain a license or
permit prior to commencing that activity shall be subject to a civil penalty equal
to one and one-half times the applicable license fee set by resolution provided
in this chapter, or one hundred dollars, whichever is greater, in addition to, and
not in lieu of, any other penalties provided by this code. This section shall not
be construed so as to require the issuance of any permit or license under this chapter.
(Prior code § 7-28.1)
5.04.170 Disposition of fees--Report to director of finance and administrative services.
All moneys collected for licenses and permits issued shall be deposited with the
city treasurer and shall, on or before the fifteenth day of each month, be reported
to the director of finance and administrative services.
(Prior code § 7-29)
5.04.180 Waiver of license for blind persons.
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No fee for any license issued under the provisions of Chapters 5.04 and 5.08 shall
be required of any blind person eligible for state aid who may make application
for a license to sell, vend, hawk, peddle or otherwise deal in any goods, wares
or merchandise or things or articles of value manufactured or produced by any institution
engaged in the rehabilitation of the blind, the sale of which goods, wares or merchandise
is not prohibited by law.
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The free license provided for in this section shall be issued by the city clerk
upon direction of the city manager after a showing by the person making application
therefor of his or her right to such free license by presentation of a letter, certificate
or other written evidence from the state industrial workshop for the blind certifying
that such person is eligible for state aid for the blind.
(Prior code § 7-30)
5.04.190 Exemptions.
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Constitutional Provisions. Nothing contained in Chapters 5.04 and 5.08 shall be
deemed or construed as applying to any person conducting, managing or carrying on,
or engaged in any business or occupation exempt from taxation by municipal corporations
by virtue of Section 14, Article XIII of the Constitution of the state or by the
Constitution of the United States.
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Charitable Organizations. With the exception of Chapter 5.28,
whenever the payment of a license fee is required by ordinance of the city to conduct,
manage, or carry on any business, occupation or activity, the provisions of such
ordinances shall not be deemed or construed to require the payment of a license
fee to conduct, manage or carry on any such business, occupation or activity by
any institution or organization organized and carried on primarily for charitable
purposes and for which a profit is not derived, either directly or indirectly, by
an individual nor to require the payment of a license fee to conduct an entertainment,
dance, concert, exhibition or lecture by any religious, fraternal or other organization
or association when the proceeds of such entertainment, dance, concert, exhibition
or lecture are to be appropriated to charitable purposes and from which profit is
not derived, either directly or indirectly, by an individual and the institutions,
organizations and associations specified in this section, when conducting, managing
or carrying on any business, occupation, activity, entertainment, dance, concert,
exhibition or lecture according to the provisions of this section, shall be exempt
from the payment of any such license fee; provided, that such institution, organization
or association shall have first obtained and filed the certificate provided for
in this section; provided further, that nothing in this section contained shall
be deemed to exempt any institution, organization or association from complying
with the provisions of any ordinance of the city requiring a permit to be obtained
to conduct, manage or carry on any business, occupation, activity, entertainment,
dance, concert, exhibition or lecture. The word profit as used in this section shall
not include a reasonable compensation paid, or agreed to be paid, to any person
for bona fide services rendered.
(Prior code §§ 7-31, 7-32)
5.04.200 Certificate of exemption.
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Application. No institution, organization or association shall be exempted from
the payment of a license as provided in Section 5.04.190,
until a certificate shall have been issued as provided for in this chapter certifying
that such institution, organization or association is entitled to exemption therefrom
in accordance with the provisions of Chapters 5.04 and 5.08 and such certificate
has been filed with the city clerk. Any institution, organization or association
desiring to obtain such certificate shall file a verified application therefor with
the city which application shall contain the following information:
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The name of the institution, organization or association making the application,
and the purpose(s) for which it is organized and conducted;
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Proof of tax exemption status from the Internal Revenue Service of the United States
Government and the state of California Franchise Tax Board;
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The kind of business, occupation, activity, entertainment, dance, concert or exhibition
proposed to be conducted, the address where, and the times when it is proposed to
conduct the same;
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The amount of compensation to be paid to any person for rendering services in connection
with the conducting of such business, occupation, activity, entertainment, dance,
concert or exhibition, and whether the same is to be actually conducted, controlled
and managed by the applicant or is merely to be conducted under its auspices;
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The purposes for which the net proceeds derived are to be used;
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That the person signing the application has been duly authorized to make such application
on behalf of such institution, organization or association.
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Issuance. The application required in subsection A of this section shall be investigated
and issued upon the recommendation of the city manager. Any denials may be appealed
to council under Chapter 2.88.
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Revocation. Any certificate referred to in subsection A of this section may be revoked
by the city manager upon five days' written notice to the institution, organization
or association interested at any time, if it shall appear that the same was procured
by fraud, or that such institution, organization or association has not complied
with requirements set forth in this code, or that such institution, organization
or association is no longer entitled to exemption pursuant to the provisions of
Section 5.04.190B. If such certificate is
so revoked, such institution, organization or association shall thereafter be subject
to license as though no such certificate had ever been issued.
(Prior code §§ 7-33--7-35)
5.04.210 Enforcement.
The city clerk, the city clerk's deputies and all police officers and persons
charged with the duty of enforcement of license ordinances or collection of license
fees shall have and exercise the power:
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To make arrests for the violation of any of the provisions of Chapters 5.04 and
5.08;
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To enter, free of charge, at any time, any place of business for which a license
is required by Chapters 5.04 and 5.08, and to demand the exhibition of such license
for the current term by any person engaged or employed in the transaction of such
business; and if such person shall then and there fail to exhibit such license,
such person shall be liable to the penalty provided for a violation of Chapters
5.04 and 5.08.
(Prior code § 7-36)
Compliance with Laws
Notwithstanding any provision in this code to the contrary, any establishment that engages
in or carries out any activity contrary to federal, state or local laws shall be prohibited.
(Ord. No. 5745, § 3, 8-9-2011)