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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BRANCH. A separate establishment or location of a business (which may or may not have a separate type of business activity) not including a warehouse or distributing plant used in connection with and incidental to the business.
BUSINESS. Professions, arts, trades and occupations and all and every kind of calling whether or not carried on for profit.
CODE COMPLIANCE FEE. Those fees paid by an applicant to reimburse the city the costs of having city departments checking the applicant's compliance with applicable sections of the Municipal, County and/or State Code.
COMPLIANCE OFFICER. Any employee or agent of the City so designated by the City Manager, Building Official or Police Chief and charged with enforcing the Municipal Code of the city or applicable state code.
CONTRACTOR. A builder or any person who undertakes to, or submits a bid to, or does himself or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. CONTRACTOR includes subcontractor, specialty contractor and owner/builder when the definition of owner/builder hereunder does not apply.
DOING BUSINESS ON AN UNAPPROVED APPLICATION. Engaging in a business trade or occupation after submitting an application for a business license but prior to receiving approval of such application.
EMPLOYER. A person who is or should be registered with the state and federal government as an employer and subject to several obligations including state and federal income tax withholding, federal social security taxes, workers' compensation insurance, disability insurance costs and unemployment compensation contributions.
FINANCE DIRECTOR. The FINANCE DIRECTOR of the city or his/her designee.
GROSS RECEIPTS. The total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in GROSS RECEIPTS shall be all receipts, cash, credits and property of any kind or nature, without any deduction there from on account of the cost of the property sold, the cost of the materials
used, labor or service costs, interest paid or payable, or losses or other expenses. Excluded from gross receipts 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 tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected; that portion of the receipts of a general contractor which represent payments to subcontractors, provided that such subcontractors are licensed under this chapter, and provided the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor.
OPERATE. To manage, control or carry on.
OWNER-BUILDER. An individual authorized by this code to do construction or install equipment in or on buildings on premises used exclusively for a single-family residence, of which the individual is the legal owner and in which residence he resides or intends to reside. He shall pay fees herein the same as a general contractor if the residence is offered for sale within one year after the date of completion of the same.
PERSON. All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, or common law trusts, societies, and individuals transacting and carrying on any business in the city other than as an employee.
PUBLIC CONCERT. Any type of live or recorded entertainment held in a public or private place, for free or fee, open to the public in general.
(Ord. 1374, passed 6-2-04; Am. Ord. 1767, passed 12-15-21)
(A) This chapter is enacted to raise revenue for municipal purposes, as well as for regulation.
(B) Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances.
(C) Neither the adoption of this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect the 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 required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. The renumbering and updating of the nonfinancial provisions of this chapter in no way changes or increases or effects in any way the existing business license taxes or fees.
(Ord. 1374, passed 6-2-04)
(A) There are imposed upon the businesses specified in this chapter, license taxes in the amount set forth by resolution. 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 pursuant to all applicable provisions of this chapter. Failure to comply with the provisions of this chapter shall subject a person doing business to all those penalties set forth in this chapter, as well as any other penalties as set forth by law.
(B) 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 the state.
(C) Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the United States or of the state shall not be liable for payment of the tax imposed by this chapter.
(D) All individuals, firms, companies. Associations, organizations, partnerships and/or corporations granted a license for cabarets shall be required to hire security personnel in the number determined necessary by the Chief of Police who are licensed under the Private Investigator Act (Cal. Bus. & Prof. Code § 7512 et seq.). The security personnel shall possess the appropriate certification under the Private Investigator Act and/or shall have training in crowd control beyond that required by the Private Investigator Act. The requirement of such security may be waived upon written application of applicant, which details the lack of need, and that such will not jeopardize the health, safety and general welfare of the City and its inhabitants.
(E) Notwithstanding anything to the contrary, in addition to a license as required by this Chapter, those businesses identified in this Title (including but not limited to businesses vending by pushcarts or vending vehicles, massage establishments, taxicabs, and so forth) also shall meet the requirements set out in the applicable Chapter before a license may be obtained hereunder. Failure to do so shall subject the person to all applicable penalties.
(Ord. 1374, passed 6-2-04; Am. Ord. 1652, passed 4-16-14)
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