Chapter 4.05 BUSINESS LICENSES

It shall be unlawful for any person whether as principal or agent, clerk or employee, either for himself or for any other person, or for any body corporate, or as an officer of any corporation, or otherwise, to commence or carry on any business, trade, calling, or occupation in this chapter specified, in the city of Biggs, without first having procured a license from said city so to do or without complying with any other regulatory ordinances now existing or hereafter to be adopted by the council of the city of Biggs, or without complying with any and all regulations of such business, trade, calling, or occupation, contained in this chapter; and the carrying on of any business, trade, calling, or occupation mentioned in this chapter without first having procured a license from said city to do so, or without complying with any and all regulations of such business, trade, calling, or occupation contained in this chapter, shall constitute a separate violation of this chapter for each and every day that such business, trade, calling or occupation is so carried on. The obligations of this chapter apply notwithstanding the lack of any notification by the city. Failure to comply with the obligations of this chapter shall be deemed a matter subject to enforcement pursuant to Chapters 6.28, 6.30 and 6.35 BMC. [Ord. 380 (Att. A), 2009; Ord. 295 § 1, 1992]

4.05.020 License fee a debt due city.

The amount of any license fee imposed by this chapter shall be deemed a debt to the city of Biggs, and any person, firm or corporation carrying on any business, trade, calling or occupation mentioned in this chapter without having a license from said city so to do shall be liable to an action in the name of said city in any court of competent jurisdiction for the amount of the license fee by this chapter imposed on such business, trade, calling or occupation. In addition to the above, the city may utilize the enforcement and collection procedures set forth in Chapters 6.28, 6.30 and 6.35 BMC. [Ord. 380 (Att. A), 2009; Ord. 295 § 2, 1992]

4.05.030 Issuance.

(1) It shall be the duty of the city clerk to prepare and issue a license certificate under this chapter for every person, firm or corporation liable to pay a license fee hereunder and to state in each license certificate the amount of such fee, the period of time covered by said license certificate, the name of the person, firm or corporation to whom issued, the business, trade, calling or occupation licensed and the location or place of business where such business, trade, calling or occupation is to be carried on.

(2) In no case shall any mistake made by the city clerk in stating the amount of a license fee prevent or prejudice the collection by the city of what shall be actually due from anyone carrying on a business, trade, calling, or occupation subject to a license under this chapter.

(3) The city clerk shall issue all license certificates and it shall be his/her duty to collect all license fees provided for by this chapter and to make written reports thereof monthly to the city council. [Ord. 380 (Att. A), 2009; Ord. 295 § 3, 1992]

4.05.040 Fee – How and when payable.

(1) All licenses shall be paid in advance in lawful money of the United States to the city clerk.

(2) The daily licenses in this chapter provided shall be due and payable to the city each day in advance.

(3) The quarterly licenses in this chapter provided shall be due and payable to the city on the first day of January, the first day of April, the first day of July and the first day of October, but the first quarterly license issued to any person as herein provided shall be issued for the unexpired even monthly portion of such quarter year, except as herein otherwise in this chapter specifically provided, and the amount to be paid therefor shall be prorated for the said unexpired even monthly portion of such quarter year. [Ord. 380 (Att. A), 2009; Ord. 295 § 4, 1992]

4.05.050 Branch of businesses.

A separate license must be obtained for each branch, establishment or separate place of business in which the business, trade, calling or occupation is carried on, and each license shall authorize the party obtaining it to carry on, pursue and conduct only that business, trade, calling or occupation described in such license, and only at the location or place of business which is indicated thereby. [Ord. 380 (Att. A), 2009; Ord. 295 § 5, 1992]

4.05.060 Posting, carrying.

Every person, firm or corporation having a license under the provisions of this chapter and carrying on a business, trade, calling or occupation at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of said place of business. Every person having such a license, and not having a fixed place of business, shall carry such license with him at all times while carrying on the business, trade, calling or occupation for which the same was granted. Every person, firm or corporation having a license 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. [Ord. 380 (Att. A), 2009; Ord. 295 § 6, 1992]

4.05.070 Enforcement.

(1) Enforcement of the obligations of this chapter shall be undertaken pursuant to Chapters 6.28, 6.30 and 6.35 BMC.

(2) City code enforcement officers are authorized to enter free of charge, at any time, any place of business for which a license is required by this chapter and to demand the exhibition of the license certificate 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 certificate, such person shall be liable for a violation of this chapter.

(3) City code enforcement officers are authorized to publish in a local newspaper the name of any business and the owner(s) thereof engaged in a business requiring but without a license, such authorization to continue for until a license is obtained. [Ord. 380 (Att. A), 2009; Ord. 295 § 7, 1992]

4.05.080 Criminal and civil actions.

The conviction and punishment of any person for transacting any business, trade, calling or occupation without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a civil action for collection of this chapter. [Ord. 380 (Att. A), 2009; Ord. 295 § 8, 1992]

4.05.090 Rates.

(1) Subject to the specific provisions set forth herein, every person carrying on a business or profession at a fixed place of business within the city of Biggs shall pay, in advance, an annual license fee of $60.00.

(2) Each person conducting, managing, or carrying on a business of running, driving, or operating any automobile, bus, automobile truck, or automobile tank wagon, or any vehicle from the wholesale transportation of merchandise of any nature, kind or description or who is in the business of servicing or repairing of vending or amusement machines and devices or who conduct retail milk routes shall pay, in advance, a business license fee at the following rate unless otherwise set forth elsewhere:

(a) If the owner has trucks making calls once a week or less, $48.00 per year;

(b) If the owner has vehicles making calls within the city with the frequency of two trips a week, $72.00 per year;

(c) For the owners having vehicles which make trips in the city with the frequency of three or more per week, $96.00 per year.

(3) Persons conducting the business of domestic rental units for lease shall pay, in advance, an annual business license fee of $30.00 plus $10.00 for each rental unit offered for rent.

A rental unit shall be described for the purposes of this chapter as any abode or dwelling for hire, whether it be a home or in an apartment or duplex.

[Ord. 380 (Att. A), 2009; Res. 2006-13, 2006; Ord. 340 § 10, 2003; Ord. 295 § 9, 1992]

4.05.100 Transportation businesses.

Superseded by Ord. 380. [Res. 2006-13, 2006; Ord. 295 § 10, 1992]

4.05.110 Domestic rental units.

Superseded by Ord. 380. [Res. 2006-13, 2006; Ord. 295 § 11, 1992]

4.05.120 Realtors.

There shall be business license tax of $1.00 per sign per month on all signs placed in the city of Biggs by real estate or realtors who do not have a fixed place of business in the city of Biggs. A payment of $1.00 per sign per month under this section entitles the payor to maintain his/her sign during the calendar month or the balance of the calendar month in which the sign is erected. [Ord. 380 (Att. A), 2009; Ord. 295 § 12, 1992]

4.05.130 Loudspeaker trucks.

A business license tax of $10.00 per day shall be paid by every loudspeaker truck that comes in the city to do commercial advertising. [Ord. 380 (Att. A), 2009; Ord. 295 § 13, 1992]

4.05.140 Itinerant vendors.

An itinerant vendor, peddler or solicitor shall be classified as any person, business, corporation or association who goes from place to place, offering for sale goods, wares or merchandise of any description, who shall not have a fixed place of business in the city of Biggs, and who is engaged in said business on a temporary basis with the intention of continuing said business in said city for a period of not more than 30 days. The license fee for one carrying on business as an itinerant vendor, peddler, or solicitor shall be the sum of $20.00 per day, or $80.00 per week or $200.00 per month, payable in advance. Said peddler upon obtaining his license must declare his intention to remain one day, one week or one month as the case may be. If he does not declare his intention then it will be presumed that he is operating on a daily basis and he shall be liable for payments of $20.00 a day in advance for every day that he is in town conducting his business. Also includes the taking or soliciting of orders for future delivery. [Ord. 380 (Att. A), 2009; Res. 2006-13, 2006; Ord. 295 § 14, 1992]

4.05.150 Retail merchants with regular routes.

(1) Any retail merchant without a fixed place of business in the city of Biggs who goes from house to house in a truck, automobile, or other vehicle, or on foot, who makes regular and periodic trips to the city of Biggs for the purpose of selling merchandise, as distinguished from an itinerant peddler who has no regular route, or regular customers, shall pay a business license fee of $10.00 per day for every day that said merchant engages in business in the city of Biggs. Furthermore, said merchant shall declare in advance to the city clerk as to how many trips per quarter he intends to make to the city of Biggs and shall pay that sum at the rate of $10.00 per day in advance to the city clerk.

(2) Any person doing business in the city of Biggs who does not have a fixed place of business within the city of Biggs and who does have a scheduled route or regular customers in the city of Biggs who comes to the city on call only shall pay a business license tax of $5.00 per month in advance quarterly. [Ord. 380 (Att. A), 2009; Res. 2006-13, 2006; Ord. 295 § 15, 1992]

4.05.160 Merchants selling wares from residences.

(1) Whenever any merchant or any other peddler who has no fixed place of business in the city of Biggs contracts to use the residence of any citizen of the city of Biggs for the purpose of displaying his wares and entertaining his customers, said peddler, or itinerant merchant, shall first pay a business license tax of $10.00 for every day in which he engages in business in the city of Biggs by the above described method. Said $10.00 fee shall be payable regardless of whether merchandise is sold at said party or gathering, or whether it is only contracted to be sold at said party or gathering.

(2) The merchant or peddler who conducts the party or gathering shall be primarily liable for the business license tax, and the householder who allows his residence to be so used shall be secondarily liable for said tax. [Ord. 380 (Att. A), 2009; Ord. 295 § 16, 1992]

4.05.170 Auto wrecking and junk yards.

Auto wrecking and junk yards operated within the city of Biggs shall be taxed a business license tax at the rate of $20.00 per month. [Ord. 295 § 17, 1992]

4.05.180 Exemptions – Charitable organizations.

The provisions of this chapter shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business, occupation or activity, by any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school, or to any religious or benevolent purpose within the city of Biggs; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; provided, however, that nothing in this section contained shall be deemed to exempt any such institutions or organization from complying with the provisions of any ordinance of the city of Biggs requiring such institution or organization to obtain a permit from the proper board, commissioner or officer to conduct, manage or carry on any profession, trade, calling or occupation, in this chapter specified. [Ord. 295 § 18, 1992]

4.05.190 Exemptions – Interstate commerce.

Nothing in this chapter contained shall be construed as imposing a license tax 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 not made subject to a license or a license tax by this chapter; provided, however, that every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this section upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the city clerk disclosing the interstate or other character of his business entitling him to such exemption. Such statement shall state 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 forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state of California, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit for the information of the city clerk. If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a permit. [Ord. 295 § 19, 1992]

4.05.200 Exemptions – Others.

The following are exempted from the payment of a license tax under this section:

(1) Any person who has received an honorable discharge or release from active duty in any one of the United States Armed Services, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this state, may distribute circulars, hawk, or peddle goods and wares, or merchandise owned by him (except spirituous malt, vinous or other intoxicating liquor), upon exhibiting to the city clerk his honorable discharge or release and proving his identity;

(2) Any public utility which makes an annual payment to the city of Biggs under a franchise or similar agreement;

(3) Except as may be otherwise specifically provided in this section, the terms hereof shall not be deemed or construed to apply to any of the following persons:

(a) Banks, including national banking associations, to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 27;

(b) Insurance companies and associations to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 14-4/5 of the State Constitution; and

(c) Any person to whom the city is not authorized to license under any law or constitution of the United States or the state of California. The collector may require the filing of a verified statement from any person claiming to be excluded by the provisions of this section which statement shall set forth all facts upon which the exclusion is claimed. [Ord. 295 § 20, 1992]

4.05.210 Transferability.

No license issued pursuant to this chapter shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee of $5.00 have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved. [Ord. 295 § 21, 1992]

4.05.220 Duplicates.

A duplicate license may be issued by the collector to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the collector a duplicate license fee of $5.00. [Ord. 295 § 22, 1992]

4.05.230 Penalties for failure to pay fee when due.

(1) The city clerk, at the close of business on any day on which the daily license shall be required, shall add to each such daily license remaining unpaid at such time a penalty of 10 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 such Sunday or holiday.

(2) The city clerk shall, at the close of business on the last day of the second month in which any semi-annual and annual license shall be due, add to all such semi-annual and annual licenses remaining unpaid a penalty of 10 percent on each delinquent semi-annual and annual license and shall enter the same upon his books and deliver a written statement thereof to the chief of police. [Ord. 295 § 23, 1992]

4.05.240 Permits generally.

Whenever by the provisions of this chapter a permit from the city of Biggs is a prerequisite to the operation or maintenance of any business establishment or place, or to the furtherance of any undertaking or the doing of anything, unless otherwise specifically provided, anyone operating without a permit is guilty of a misdemeanor. [Ord. 295 § 24, 1992]

4.05.250 Penalty for violation.

(1) Any person, firm or corporation violating any of the provisions of this chapter and/or knowingly or intentionally misrepresenting to any city official any material fact in procuring the license or permit herein provided for shall be deemed guilty of a misdemeanor, and shall be punishable as such.

(2) Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this chapter. [Ord. 295 § 25, 1992]

4.05.260 Revocation.

In all cases other than those wherein the city council has reserved the right to cancel a license at its pleasure, or without notice, any license issued pursuant to the provisions of this chapter may be cancelled by the city council for any cause deemed by said council to be for the public interest and convenience; provided, however, that notice of any such intended action on the part of the council shall be first given to the holder of such license at least five days in advance of the hearing and the holder thereof afforded a reasonable opportunity to appear and be heard in said matter. [Ord. 295 § 28, 1992]

4.05.270 Farmers, poultry men, horticulturists.

The provisions of this chapter shall not be deemed to include or apply to farmers, poultry men, or horticulturists, who may sell exclusively their own produce, and who secure a permit as hereinafter provided. This exemption shall not apply to nurseries or other commercial establishments which buy goods for resale as well as selling their own goods. Any person claiming to be exempt under the terms of this section before offering his produce for sale must file with the city clerk an affidavit setting forth his name and address, the kind or kinds and the estimated amount of produce to be sold, the particular place where raised and that it was grown by him. [Ord. 295 § 29, 1992]

4.05.280 Fees established – Amendable by resolution.

Fees established by this chapter shall be amendable from time to time by resolution of the city council of the city of Biggs. [Ord. 295 § 31, 1992]