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HomeMy WebLinkAbout38.8 ORDINANCE OF ~.IE CITY OF SARATOGA A}~NDING TIlE SARATOGA CITY CODE BY ADDING ARTICLE V. TO (I{APTER 4 THEREOF, PROVIDING FOR THE LICENSING OF BUSINESS, TRADES AND PROgrESSIONS A~]D OTltER ACTIVITIES CONDUCTED FOR A PROFIT AND FOR THE Pd~GISTRATION ~]D REGULATION OF THE SA~, AND ESTABLISHING A SCHEDULE OF LICENSE FEES THEREFOR. The City CounCii of the City of Saratoga does ordain as follows: Section 1; The Saratoga City code is hereby .amended by enacting, adopting and adding to said Code a new Article V to Chapter 4 thereof, Laid new article to be numbered and to read as follows: _AR. TICLE V - BUSINESS LICENSES DIVISION 1. GENERAL PROVISIONS SeCtion 4-100: Purpose This article is enacted for both regulatory and revenue purposes pursuant to Business & Professions Code Section 16000 and Government Code SeCtion 37101 of the State of California, and all other applicable laws. It requires the registration and the licensing of all businesses not'expressly excluded th,~re- from, and the paymentof license fees by all businesses no~ specifically exempted therefrom. S.~ction 4-1Gl: Definitions For the purposes of this article, the following words and phreses shall have the meanings respectively ascribed to them by this section: Bps.in~ss. Shall mean each and every business, commercial or industrial enterprise, trade, pro- fession, occupation, vocation, calling, or any means of livelihood, whether or not carried on for gain or profit. The term shall include solicitors and peddlers hereinafter defined. The termshall include any person, whether having a fixed place of business in the City of Saratoga ' ~ or not, who operates a motor vehicle over the streets of the city for the purpose of pick-up or delivery of personal property in the ~ity, or who uses such vehicle for any other purpose in connection with the transaction of any business of such person, including without limitation, and by way of example, the route delivery of bread~ bakery products, milk, groceries, laundry and cleaners, and the non-route delivery of building materials, goods, wares or merchandise of any kind or description. Business, Ne~. New business shall mean a business in existence and in operation fo~ less than three (3) continuous months as of the effective date of this article. BusineSs, ~st.ablish~. Established business shall mean a business in existence and in operation for more than three (3) continuous months as of the effective date of this article. EngaGed in Business. Engaged in business shall mean the conducting, operating, managing or carrying on of a business, whether done as an owller~ or by means of an officer, agent~ manager~ employee, servant or otherwise. Fixe~ P~ce of BUsiness. Fixed place of business shall mean the location or premises at or from which a business is conducted. It may include the residence of the licensee where such business is conducted from such residence, provided that the conduct of business from Such residence is not in conflict with any zqning ordinance or law of the City. Lt. cenSe. License shall mean the certificate issued by the City to the licensee after such person has registered his business in accord with this article, and where a license fee is im[osed by this articles after the payment 6f said fee. LicenSee. Licensee shall mean each person subjec~ to be licensea under the term~ of this article, ~hether or not such a licens~ has actually been procured. Person. Person shall mean any domestic or foreign corporation, firm, association~ syndicate~ joint stock company, partnership of any kind, joint venture, club, Massachusetts bnsiness or conch'on-law trust~ society, or individual. Person~ Exempt.. An exempt person shall be one exempt from the requirements of paying any license fee under this article. but otherwise shall be required to register and obtain a license. Peddler. Peddler shall mean any person who goes from house to house~ or from place to place, within the City of Saratoga, selling and making iF~ediate deliver- ies or offering for sale and i~ediate delivery to persons other than manufacturers, jobbers, or retailers of such co.n~nodities any goods, wares~ merchandise or any other thing of value in possession of such person, or who offers services to be performed immediately, and shall include any itinerant vendor who sells merchandise or property from any vehicle. Solicitor. Solicitor shall mean any person who goes from house to house, or from place to place, in the City of Saratoga~ soliciting orders from persons other than manufacturers, wholesalers, jobbers, or retailers of such conm~odities, for any goods, wa~es, merchandise or thing of value for future delivery, or soliciting orders from any person for services to be performed -2- in the future, provided that such term shall not apply to the owner, agent or representative of any business operated in the City with a fixed place of business in the City. The term, Solicitor, shall include a person taking subscriptions to newspapers~ periodicals, magazines or other publications. Se. ction. 4-102: ~omp.liance with Other..C~de Provisions Nothing contained in this article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirement for any license or permit, or license fee or permit fee, re- quired by, under or by virtue of any provision of any other article of this Code or any other ordinance or resolution of the City of Saratoga, Section 4-104: Unlawful Business Not Authorized, ~o license issued under the provisions of this article shall be construed as authorizing the conduct or continuance of any ~llegal or unlawful business, or any business in violation of any Code provision or ordinance of the City. DIVISION 2. LICENSES AND FEES Section..4.-105: License Required It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person, to commence, engage in, or conduct or carry on any business in the City of Saratoga not otherwise excludsd by this article, without first having registered said business with the City and having procured a license from the City to conduct said business, or without complying with Any and all provisions contained in this article. The carrying on of any business without h~ving first ob- tained a license hereunder from the City so to do, or without complying with any and all provisions of this article, shall constitute a separate violation of this article for each and every day that such business is so carried on. Section 4-106: ~arate License for Each Business and ~ocation A separate business license must be obtained and a separate business license fee must be paid for each separate business engaged in, regardless of whether one or more of such businesses are con- ducted from the same location, and a separate business license must be obtained and a separate business license fee must be pa~d for each branch, establish- ment or location in the. City at or from which the business engaged in is carried on, the same as if each such branch establishment or location were a separate business. Each license shall authorize the licensee to engage only in the business licensed thereby at the establishment or location designated in such license. -3- Sqction 4-107: ~cense ADmiication Every person required to have a license under the provisions of this article shall make appli- cation for the same, or application for rene~yal of the same~ to the City Clerk of the City of Saratoga, Such application shall be a written statement on form or forms provided by the City Clerk, shall be signed b~ the applicant under penalty of perjury, and each such application shall be permanently filed at th~ City Clerk's Office and shall constitute a registration of the business. Each application shall set forth such information as may be therein required, and in ~11 events shall include the name and address of all O~ners of the business, the nature of the business, the location of the principal place of business, and if such principal place business is ~ithin the City~ a statement of the zoning classification for such location. Section ~-108: License. Issuance Upon the receipt and filinE of the license application, and in those cases where a license fee is required, upon receipt of the requisite license fee therefor, the City Clerk shall prepare, si=~n and issue to every such person a license certificate in such form as the City Clerk shall provide, vhich license shall state the al2~ount of the license fee paid therefor, the duration of the license, the name of the person to whom issued~ the nature of the business: license, and the location xyhere such business is to be carried on. The City Clerk shall have no duty to issue any such license for any unl~yful business or any un- lawfdl lOcaeion. Pri6~ to the issuance of any license to a n~ business ~ith a fixed ~laee of business ~i~hin the City of Saratoga, o~ ~o a~y o~h~r business for ~yhiCh a previous license has expired, the City Clerk ~hali cause an investigation to be made to determine that the proposed fixed place of business within the City is not in violation of any of the zoning or building regulations of the City. In the event that, for any reason, a license is issued for any unlawful business or location (whether the same be unlawful because of violation of any zoning or build- ing regulation, or for any other reason), the same shall not constitute any permit for, nor any approval of, ~ny such violation; nor shall such license, or the act or omission of the City, its officers, agents or employees in issuing the same, either prevent or estop the City from enforcing the regulation, ordinance or Code provi- sion so violated; nor shall the City or any of its officers, agents or employees be liable for any act or omission in issuing such a license. Section 4-t0~: T.erm of Licenses. Peddlers~ and solicitors' licenses shall not be valid for a term in excess of one (1) year, commencing July 1st and ending June 30th, and regardless of the period for which such peddler or solicitor~s license is issued,.there shall be no proration of the license fees for parts of a day, week, month or year, All other licenses shall be perpetual. A perpetual license, unless sooner revoked, shall automatically expire on the happening of the sooner to occur of any of the following: (a) The discontinuance of the business for a period of thirty (30) or more days, or (b) The death, dissolution or bankruptcy of the licensee, or any change in o~nership of any non-corporate licensee, or (c) For licensee with a fixed place of business inside the City, the transfer of any such place of business to a new location inside the City, or (d) Any change in the character or nature of the business which constitutes a change of occupancy or use under the term. s of either the Building Code or Zoning Ordinance of the City. Section 4-110: Lfcens~ Fe~s Except as otherwise provided in this article, every person, wi~ether a resident or non- resident of the City of Saratoga, who is engaged in, or conducting, or doing business within the City limits of the City and coming.within the following classifi- cations, shall pay a license fee to the City in the amBunts, and for the period, hereinafter set 0Dposite thereto: ~usiness License Fee (a) Peddlers and Solicitors $f.00 per day,.or (Regardless of fixed place $i0.00 per week, or of business.) $25,00 p~r m~nth, or $100.00 Per year, pe~ person, which- ever is the lesser for the period of time. in question. (b) New business With a fixed $25.00 plsce of business inside (perpetual for each the City~ place of business) (ci New or existing business $25.00 ' with no fixed place of bUsi- (PerpetUal) hess inside the City, other than peddler or solicitor. (d) Existing business with a $15.00 fixed place of business in- (Perpetual for each side the City. place of business) Each peddler or solicitor shall be required to have a separate license therefor, and to pay a separate li- cense fee therefor, regardless of the fact that any such peddler or solicitor may operate out of a fixed place of business within the City, save and except as follows: I.~ere an operation is out of a fixed place of business inside the City, by the use of a~ents or employees as peddlers or solicitors in the field, the total license fees paid shall in no event exceed three times the fee for a single peddler's or a solicitor's license. Section 4-111: Penalty..for Delinou~ncv Any 'person who fails to pay any busi- ness license fee at a time when it is due and payable under the terms of this article, shall pay a penalty of 10 per cent of the amount of the fee in addition thereto, and shall pay an additional 5 per cent of the amount of such fee for each month of continued delinquency after the first month, provided that the amount of such penalty shall in no event exceed 50 per cent of the amount of the license fee. Any such penalty so imposed shall be collected by the person in charge of the collection of the license to which the penalty is added. -5- .~ect~on 4-112: Exh~bittnE. License. Every person having a license under the provisions of this article for engaging in busi- ness at a fixed place of business in the City of Saratoga shall keep such license posted for exhibi- tion while in force in some conspicuous place in his place of business. Every person having such a license and not having a fixed place of business in the City, shall carry such license with him at all times while carrying on the business for which the same was granted, including~ without limiting the foregoing, that where such business is conducted through the operation of a motor vehicle over the streets of the City, said license or an exact copy thereof shall be carried in each such motor ~ehicle by the operator thereof at all times during which said motor vehicle is in operation in the conduct of said business within the limits of the City. Every. person having a license shall produce and exhibit the same whenever requested to do so b~ any police officer or any person authorized to issue or inspect licenses or to collect license taxes. Every person having a peddler's or solicitor's license shall exhibit such license to each p~ospective customer prior to the commencement of the conduct of any such business. Section 4-113: Duplicate Licenses =A duplicate license may be issued by the City Cl~rk to replace any license pre~ioUsly issued hereuuder which has been lost or destr0yed~ but which is still in full force and effect, upcn thd licensee filing an affidavit attesting to such factI and at the time of filing such affidavit paying the City Clerk a duplicate license fee of One ($1.00) Dollar. Section'4-114: ~n-Transferabili_tz Licenses issued pursuant to this article are not transferable or assignable by the licensee to any other person, nor shall any license issued to the licensee be construed as authorizing any person other than the named licensee to engage in the licensed busi- ness. Any attempted transfer or assignment of any license by a licensee shall automatically revoke the license. Section 4-115: Void and Revoked Licenses Any l~cense issued by the City Clerk contrary to any of the terms or provisions of this article is void. ~my license issued under the terms and provisions of this ordinance is subject to revoca- tion for cause on any one of the following ~rounds: (a) l,~hen the continuance of the operation of the licensee under the license 'shall be contrary to the public health, safety, peace, welfare or morals~ or (b) The violation of any of the penal provisions of this ordinance by the licensee, or (c) The misrepresentation of any material fact by any applicant in obtaining any license hereunder~ or -6- (d) Any plea, verdict or judgmeht of guilty to any public offense involving moral thrpitude charged against the licenses. (e) Any misrepresentation as to the Quality or nature of the goods or services sold or offerred for sale made by the licenses or his agent, servant or employees to any prospective or actual purchaser, Before a license may be revoked for cause, a written statement of one or more of the above set forth grounds shall be filed with the City Council, which complaint shall be verified unless made by an officer or employee of the City in his official capacity. Prior to the revocation of any license, the City Council must provide for a public hearing held on said complaint, and written notice of the time and place of such public hearing shall be sent by Registered Mail to the complain- ing party, and to the licenses at his address as shown in the license rehords of the City, at least five (5) days prior to the date of hearing. The City Council shall have .power, after said hearing, to revoke such a license for any one or more of the above set forth grounds, and the decision of the Council shall be final and conclusive, DIVISION 3. EXE~.~TIONS kND EXCLUSIONS S~ction 4-120: Exemptions. from License F~e.s ~e following persons~ organizations and activities shall be exempt from the payment of ahy business license fee under the provisions of this article: (a) Charities: Any charitable institution, organi- zation or association organized for charitable purposes and conducted for charitable purposes only; any person conducting or staging any con- entertainment where the receipts, if any, derived therefrom ara to be used solely for charitable or benevolent purposes and not for private gain; any religious, fraternal, student cooperative, educational, military, State, County, or. Municipal organization or association for the conducting of any business, which business is open only to the members thereof and not to the public; any religious, fraternal, educational, military, State, County, or municipal orEanization or association for the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event, where the receipts derived are to be used wholly for ~he benefit of such organization and not for private gain of any (b) Farmers, PoultrTmen or Horticulturists Sellin~ exclusively their own products: This exemption shall not apply to establishments who buy goods for resale as well as selling their own produce. -7- (c) Interstate Comme~e: Any person upon whom the imposition of a license fee ~ould cast an un- lmgful burden upon his right to engage in co~mm..erce with foreign nations or among the several states, or where the imposition of any such fee ~.~ould conflict with the regulations of the United States Congress respectin~ interstate conmerce. Every person claiming to be entitled to exemption from payment of any license fee provided for in this article upon the grounds of the foregoing shall file a verified statement ~ith the City Clerk disclosing the interstate or other character of his business entitled to such exemption, which statement shall stete 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 fon.yarded, the method of solicitation or t~kin~ orders, the location of any warehouse, factory or plant with- in the State of California, the method of delivery, the name and location of the residence of the applicant, and any other facts neccessary to es, t~blish.suCh claim of exemption, .A copy of the order blank+ 'cOntract form or other ~aDers Used by such per~oQ in t~in~ orders shall be attached to the affidavit. (d) B6.ardin~.Hohs~S: Thd business o~ conducting a boarding house, lodgin~ house or eppartment house containing less than four sleeping room~ for hires or any private boarding house or other place where meals are sold having less than four boarders, Section 4-121: E.~emDt Dusinesses to be Licensed The exemptions hereinabove set forth are from license fees only, and each exempt person or organization shall still be required to register such business and obtain a license therefor unless the same is excluded from the provisions of this article as hereinafter set forth. Se~.tion.4-1.22: Exclusi.ons ~rom License Provisions Except as may otherwise be specifically provided in this article, the terms hereof shall not be deemed or construed to apply to any of the following businesses engaged in by any of the followin~ persons: (a) Any person engaged in an exempt business as here- inabove set forth in Section 4-120 of this article, which business has a fixed place of business inside the City, and which business is not conducted for gain or profit. (b) Any water, gas or electric public utility ~hich pays to the City a tax under any franchise agree- ment with the City, and any scavenger, as de- fined in Section 7-1 of this Code. (c) Batiks, including National Banking Associations to the extent provided by Article X~I, Section 16, Subdivision l(a) of the State Con~titution, and insurance companies and associations to the extent provided by Article XIII, Section 14 of the State Constitution, (d) Occasional and incidental deliverers of ~oods, wares and merchandise into the City by persons not having a fixed place of business within the City, as those terms are defined by the Appellate Courts of the State of California. (e) Any natural person engaged in a~y business solely as an employee of any other person conducting, managing or carrying on such business in the City of Saratoga and not an e~,~er, partner, associate or principal in such business, where such busi- ness is otherwise licensed under this article~ unless such person is a peddler or solicitor. (f) Every natural person of the a~e of eighteen years or under whose annual gross receipts from any and all business is Four Thousand Dollars ($4,000.00) or less, unless such person is also a peddler or solicitor other th*an a completely self-employed peddler or solicitor. (g) Any person whom the City is not authorized to ~ license for revenue or re~ulatory purposes only because of any 1~.1 or Constitution of the United States or of the State of California. Sectton:4~123: .~lmS fo~ Exemp. tion or ~X~iu~io~ EVery person engaged ~n ~dSiness in the City of S~raeoga is re~uttably presumed ~ b~ s~ject to the licensing requirements of this Article. ~xeeDt as otherwise provided herein, no person shall be exempted from the licensing requirer~nts, until a determination has been made by the City Clerk of the existence of facts entitling the person to such exemption or exclusion, and the City Clerk has found thereon that such person is therefore exempted or excluded. The burden of proof on any such claim of exemption or exclusion shall be upon the applicant. Any person desiring to claim exemption from the payment of a license fee shall make application therefor upon forms prescribed by the City Clerk and shall furnish such information ~d m~ke such affidavits as he may require. Upon the determination bein~ made that the applicant is entitled to exemption from the payment of a license fee for any reason set forth in this article, the City Clerk shall issue a free license to such person which shall show upon its face that the license fee is exempt. Any person claiming to be excluded from the licensing provisions of this article shall file a verified state- ment of the reasons for such exclusion with the City Clerk, and upon a determination being made that the applicant is entitled to on exclusion, such determination shall be endorsed upon the appltcant's statement, si~n_ed by the City Clerk, and filed in the City Offices, ~ith a copy thereof being delivered to the applicant. Anything to the contrary herinabcve set forth notwithstanding, any person falling ~i~in the exclusion provisions of either Subsection (a), (b), (c), (e) and (f) of ~ection 4-122 of this Article need not file'a claim for exclusion here- under, unless the status of such person as being exempt is, in the opinion of the City Clerk, subject to doubt, in which case the City Clerk is empowered to demand the filing of a claim for exclusion hereunder, and no ex- clusion shall exist until the same is proved as in other cases. -9- In the event the applicant is dissatisfied with any determination of the City Clerk on any such claim, he may appeal the same to the City Council within ten (I0) days from date of such adverse rulin~ or decision by filing written. notice of appeal with the City Clerk, letter form being sufficient, which appeal shall be signed by the applicant and set forth all grounds for the appeal. The City Clerk shall thereupon set the appeal for hearing before the Council at its next regular meeting that falls not less than ten (10) days after the date of filing of the notice of appeal and shall give the applicant at least five (5) days prior notice by registered or certified mail of the date of hearing, The City Council may affirm, re- verse or modify the decision of the City Clerk, and the Council's decision shall be final and conclusive on all ~arties. Section 4-124: .Revoca~.ion of Exemption or Exclusion Any determination by the City Clerk or City Council that a person or business is exempt from the payment of a license fee, or is excluded from the licensing requirements of this article, shall not be conclusive upon the City, and may be reopened at any time by the City Clerk or the City Council. .DIVISION 4. AD~IINISTRATION AND ENFORCEmeNT Section 4-130: ...Duty to Enforce It shall be the duty of the City Clerk, and he is hereby directed, to enforce each and all of the provisions of this article, and the Chief of Police shall render such assistance in the enforcement of this article as may from time to time be required by the City Clerk. Section 4-131: Inspection of Places of BusiRes~. The City Clerk, in the exercise of his duties imposed upon him, and acting through his deputies or the Chief of Police, may inspect and examine all places of business in the City to ascer- tain whether or not the provisions of this article have been complied with. Section 4-132: License a Civil Obligation The amount of any license fee and penalty imposed by the provisions of this article shall be deemed a debt to the City, and any person carrying on any business without having first procured a license hereunder from the City so to do shall be liable in an action under the name of the City in any court of compe- tent jurisdiction for the amount of such license fee and penalties imposed on such business, together with reasonable attorney's fees for the attorney or attorneys for the City and all costs of suit. ~ection 4-133: Penalty for Violation In addition to the penalties provided for in Section 1-7 of this Code, and without limiting such provisions, any person who knowingly or intention- -10- ally misrepresents to any officer or employee of the City m~y material fact in applying for a license under this article, or in claiming an exemption or an ek~ clusion under this article, shall be guiitv of a miS- demeanor, and any business conducted With6~e a license in violation of this article shall be deemed to be a public nuisance, and may be, by this City, sunmmrily abated as such, and each day such condition continues shall be regarded as new and separate offense. Section 4-134: ConviStiog-Effec~.on D~b~ The conviction and.punishment of any person for failure to pay the required. license f~e or for conducting a business without a license, shall not excuse or exempt such person from a~y civil action for the license fee debt unpaid at the time 6f such con- viction, nor shall any civil actio~ prevent a criminal prosecution for any violation of the provisions of this article or of any state law requiring the payma~t of all license fees. Section 4-135: Operative Date All persons who have commenced a busi- ness within the City of Saratoga on.or bafOre the effective date of this article, shall have 90 days from and after said effective date within which to apply for and secure the necessary business license. All per- sons commencing a business after the effective date of this article shall secure the requisite business license therefor prior to the co~encement of said business. SeCtion 2: SEVERABILITY CLAUSE. If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this ordinance. The legislative body hereby declares that it would have passed this ordinance and each section, sub-section~ sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitutional, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga on the 17 day of NovembeU1965, by the following vote: AYES: Councilmen Glennon, Tyler, Hartman, Drake NOES: Councilman Burry ABSENT: None P OVED: AThirST: /~' ~ ~ ' oa e