Although the following may be exempt from a city business license fee, they shall apply for and obtain a city business license:
A. Constitutional and Statutory Exemptions. This chapter shall not be construed to require the payment of a license fee by any person engaging in business when the person or business is exempt by virtue of the Constitution or applicable statutes of the United States or of the state of California, or by any ordinance of the city.
B. Interstate Commerce. No license fee provided for by this chapter shall be so applied as to impose an undue burden upon or unlawful interference with interstate commerce. Where a licensee or applicant for a license believes a license fee places an undue burden upon or unlawfully interferes with interstate commerce, such person may apply to the collector for an exemption of the fee. Application for exemption of the fee shall be made during application for a license. The licensee or applicant for a license shall, by sworn statement and supporting testimony, demonstrate to the collector the interstate commerce character of the business entitling the licensee or applicant to such exemption. The statement shall contain the name and address of the company or firm for which the orders are to be solicited or secured; the name and address of the nearest local or state manager, if any; the kind of materials or merchandise bought or sold in commerce; the place from which the same are to be shipped or forwarded; the method of solicitation or taking orders; the address of any warehouse, factory or plant within the state; the method of delivery; the name and address of the applicant for the exemption; and any other information required by the collector to establish such claim of exemption. The collector shall then conduct an investigation to determine the facts and, if warranted, issue a fee-exempt license.
C. Disabled American Veterans. No honorably discharged veteran who is physically disabled shall be required to pay a business license fee when such payment would impose an undue burden on the disabled veteran. An honorably discharged veteran who can produce evidence attesting to such disability and discharge status, and who provides a sworn statement attesting to the nature of the undue burden a business license fee would impose, may distribute circulars and peddle and vend any goods, wares or merchandise owned, except alcoholic beverages, without payment of a business license fee.
D. Nonprofit and Charitable Organizations. Except as otherwise provided, this chapter shall not be deemed or construed to require the payment of a license fee to engage in any business operated for nonprofit purposes where such business is conducted, managed or carried on by and/or only for the benefit of any nonprofit organization, including fraternal societies, orders or organizations, religious, charitable, philanthropic, scientific, literary or educational, organizations, amateur sports or humanitarian organizations, civic leagues, social welfare and employees’ organizations, nonprofit pleasure and recreation clubs, political organizations, home owners’ associations, and military, federal, state, county or municipal organizations. The collector shall require any information or evidence necessary to establish profit status.
E. Public Utilities. Any public utility making franchise payments to the city, except to the extent the public utility engages in retail sales or services within the city not covered or otherwise authorized by such franchise.
F. Employees of Licensees. Except as otherwise provided, no person acting solely as an employee or as the direct representative of a business which holds a business license shall be required to pay a business license fee.
G. Domestic Household Help. 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.
H. Banks, including national banking associations, federal credit unions, and financial corporations, to the extent that a city may not levy a license fee upon them under the provisions of Article XIII, Section 27 of the State Constitution.
I. Insurance companies or associations engaged in the sale and servicing of insurance and their direct agents, including bailbond agents and life agents, but not including brokers or bailbond brokers or life and disability insurance analysts or insurance solicitors to the extent that a city may not levy a license fee upon them under the provisions of Article XIII, Section 28 of the State Constitution.
J. Any governmental agency or subdivision and the employees thereof, to the extent they are engaged in the business of such governmental agencies or subdivision.
K. Motor vehicle carriers, or household goods carriers operating under the jurisdiction of the Public Utilities Commission of the state of California or any public transportation system in the city whose definite permanent points of origin and/or termination lie outside of the legal limits of the city to the extent that a city may not levy a license fee upon them pursuant to Section 4301 et seq., of the State Public Utilities Code.
L. Any state alcoholic beverage licensee engaged in the manufacture, sale, purchase, possession or transportation of alcoholic beverages within the state to the extent that a city may not levy a license fee upon them under provisions of Article XX, Section 22 of the State Constitution.
M. Any day care facility where not more than six people are cared for on a full or part-time basis, to the extent that a city may not levy a license fee upon them pursuant to Section 1523.1 of the Health and Safety Code.
N. Any residential care facility where not more than six people are cared for on a full or part-time basis, to the extent that a city may not levy a license fee upon them pursuant to Section 1566.2 of the State Health and Safety Code.
O. Minors. A business license shall not be required for any person under eighteen years of age, who is a citizen of the city, and who is enrolled in an institution of secondary education: provided, however, such person has no employee or employees working for him or her. (Ord. 157 § 10, 1996; Ord. 101 § 10, 1992)