Chapter 5.04 GENERAL LICENSING PROVISIONS*

The purpose of this chapter is solely for revenue for municipal purposes, and is not intended for regulation of business activities. (Ord. 96-12 § 1, 1996).

5.04.010 Definitions.

Unless it is apparent from the context that another meaning is intended, the following words, when used in this title, shall have the following meanings:

A. “Business” means all and every kind of lawful business, trade, calling, profession, or occupation.

B. “City” means the City of Carmel-by-the-Sea.

C. “Cost of operations” is the total amount expended for operating within the City including, but not limited to, salaries and benefits, operating leases/rentals for equipment and facilities, utilities, services and supplies, maintenance, and general overhead expenditures. This shall not include noncash expenditures for depreciation and amortization.

D. “Employee” means any person employed by another person to perform any work or service for which the employer pays any wage from which any Federal tax is withheld.

E. “Entrepreneur” means every person, firm, or corporation conducting or carrying on one or more musical, dramatic or other performance of entertaining or cultural character for profit.

F. “Fixed fee license” means a license that has a fixed license tax.

G. “Fixed place of business” means the premises (street location, courtyard and space number, if applicable) within the City where a business is continuously conducted from day to day and regularly kept open for that purpose.

H. “Gross business license” means a license issued to every person engaged in the business of selling at retail or at wholesale tangible personal property of any kind whatsoever and/or furnishing any service or services not otherwise specifically licensed by other provisions of this title. Business license taxes shall be apportioned based on the percent of business conducted within the jurisdiction.

I. “Gross sales” means the gross sales received from business transacted within the City, and shall include the total amount of sales price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sale of goods, wares, or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature; provided, that cash discounts allowed or taken on sales shall not be included and this title shall not be construed to impose any tax upon any business transaction which the City is not authorized to license or tax under the laws of the State of California, or of the United States.

1. Exceptions/Deductions.

a. Any tax upon any business transaction which the City is not authorized to license or tax under the laws of the State of California or United States.

b. Any tax required by law to be included or added to the purchase price and collected from a customer or purchaser is deductible. (Such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by ways of cash or credit allowance.)

c. Any property given by the purchaser to the seller as part of the purchase price and so accepted for resale shall be deducted for the purpose of determining the gross sales under this title.

d. Cash and jobber discounts (which reduce selling price and ultimate receipts from sales).

e. Any refund that is granted, either in cash or credit, to a purchaser who returns property upon the rescission of a contract of sale.

f. Amounts received by persons acting as agents, brokers or trustees, where such amounts have been collected for and are paid to another party (e.g., amounts collected by salesmen and transmitted to a manufacturer or distributor; trust funds received and transmitted by trustee; fees separately itemized on statements and forwarded to a subcontractor or fee consultant as payment for services rendered; provided, that a list of subcontractors or consultants and amounts paid is reported to the City; receipts collected for and subsequently paid to a lessor; provided, that the name of the lessor and the amount paid is reported to the City). Offices and services which depend upon commissions for their income, such as realtors, travel agents and the like, will be taxed upon their gross commissions and not on total sales.

g. Amounts received as refundable deposits, except those amounts that are forfeited and subsequently taken as business income.

h. Any credit that is granted for property by the consumer or purchaser as part of the purchase price (trade-in merchandise); provided, that the value of property taken is reported in gross receipts when sold to someone else.

i. Bad debts, when credits are reported in total in the first year and prove uncollectable in a subsequent year.

j. Passive income (e.g., interest on investments, dividends, occasional sale of property or surplus equipment, etc.).

k. Receipts not taxable by virtue of provisions included in the Federal or State Constitution.

l. Rental income from two or fewer residential units; provided, such is the only rental income received.

J. “Home occupation license” means a fixed place of business license issued to residents carrying out certain activities as allowed under CMC 17.08.050(E) for gain conducted as an accessory use in the resident’s dwelling.

K. “In-and-about license” means a license issued to persons not having a fixed place of business within the City but who conduct business or perform services authorized by this title within the City at the request or invitation and with the permission of the person in possession of the premises on which the person issued the license conducts business or performs services.

L. “License fee,” as used in this title, shall be defined as “license tax.”

M. “No-fee license” is a license issued to a person and/or institution to conduct, manage or carry on any business, occupation or activity wholly for the benefit of charitable purposes from which profit is not derived, either directly or indirectly.

N. “Peddler” means any hawker, vendor or other person who goes from house to house, place to place, or in or along the streets within the City, selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise, or anything of value in possession of the peddler, or persons other than manufacturers, wholesalers, jobbers, or retailers in such commodities.

O. “Person” means and includes a natural person, firm, co-partnership, corporation, or other association.

P. “Regular place of business,” for the purpose of this title, is defined as having the same meaning as “fixed place of business.” Every business not conducted at a “fixed place of business” or at a “regular place of business” is, for the purpose of this title, termed an “in-and-about business” whether the person conducting such business is or is not a resident of the City.

Q. “Retail business” means every business conducted for the purpose of selling, or offering for sale, any goods, wares, or merchandise, other than as a part of a “wholesale business” as defined in this section.

R. “Solicitor” means and includes every agent, canvasser, or other person engaged in selling or soliciting/peddling orders for, who travels from place to place, or house to house, and solicits or takes orders from, or canvasses for, or makes demonstrations of, any goods, wares, merchandise, or things or articles of value, or advertising, or for services to be performed in the future, or for subscriptions to periodicals or tickets of admission to entertainments or memberships in any clubs, or travels from place to place or house to house and solicits, requests or urges persons to ride or become guests of such canvasser or his principal for the purpose of viewing any real estate subdivision or other development, enterprise, or project, for the purpose of interesting such person in investment therein; provided, however, that this definition shall not include persons engaging in any wholesale business who sell to, or solicit orders for merchandise from, merchants who are engaged in a retail business buying goods, wares, merchandise, or other personal property, for the purpose of resale thereof.

S. “Special events” means any in-and-about business, as defined in this title, which is sponsored by a licensed business operating from a fixed place of business or sponsored by the City while doing business on City-owned property.

T. “Wholesale business” means every business conducted solely for the purpose of selling goods, wares or merchandise in wholesale lots to retail merchants for resale at retail.

U. “Transportation of persons/goods” means:

1. Any person, firm or corporation engaged in the business of transporting passengers for hire, with or without an established place of business within the City.

2. Any person, firm or corporation whose business in whole or in part is that of operating any truck, tractor, truck and trailer, semitrailer, or any other motor vehicle for the purpose of transporting goods, wares or property for hire or reward, and who in the course of such business uses the public streets and highways of the City for the purpose of such operation.

3. Any person, firm or corporation engaged in the business of operating a tank truck, or any other vehicle, for hauling, peddling, and/or delivering crude oil, petroleum, distillate, kerosene, refined oil, or any other petroleum products, either in drums or in bulk. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 96-12 § 1, 1996).

5.04.020 License Required.

It is unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person, or for any body, corporation, or otherwise, to commence or carry on any kind of lawful business, trade, calling, profession or occupation within the City without having first applied for and procured a license from the City to do so or without complying with any and all regulations of such business, trade, calling, profession or occupation contained in this title. (Ord. 96-12 § 1, 1996).

5.04.030 Evidence of Doing Business.

When any person making use of signs, circulars, cards, telephone books or newspapers advertises, holds out, or represents that s/he is in business in this City, or when any person holds an active license or permit issued by a governmental agency, indicating that s/he is in business in this City, and such person fails to deny by a sworn statement given the collector that s/he is not conducting a business in this City, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that s/he is conducting a business in the City.

Until proper evidence to the contrary is presented to the collector, the collector shall be entitle to treat all business accounted for from a Carmel-by-the-Sea location as transactions subject to a tax. (Ord. 96-12 § 1, 1996).

5.04.040 Certificate of Occupancy.

No business shall be conducted at any fixed place of business within any zoning district in this City until such time as a certificate of occupancy has been issued by the Building Official of the City. (Ord. 96-12 § 1, 1996).

5.04.050 Tree Service License Requirements.

For every person, firm or corporation whose business is in whole or in part that of trimming or removing trees, a business license shall not be issued until the applicant for the license has:

A. Furnished proof of the existence of workers’ compensation insurance coverage; and

B. Furnished proof of the existence of personal injury and property damage, public liability insurance coverage which is primary over any other valid or collectible insurance the City may have, the face amount of which shall be established from time to time by resolution of the City Council; and

C. As a condition of obtaining a business license, the owner of the business shall meet annually with the City Forester or Assistant City Forester to review the City’s tree-pruning standards and sign an affidavit agreeing to comply with the requirements of those standards, a copy of which affidavit shall be furnished to the business license officer. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 96-12 § 1, 1996).

5.04.060 Separate Offenses.

The carrying on of any business, trade, calling, profession or occupation as aforesaid, without first having procured a license from the City to do so, or without complying with any and all regulations of such business, trade, calling, profession or occupation contained in this title, shall be deemed a separate violation of this title for each and every day that such business, trade, calling, profession or occupation is carried on. (Ord. 96-12 § 1, 1996).

5.04.070 Separate Licenses.

A separate license must be obtained for each branch, establishment, or separate place of business in which the business is carried on and for each space within a business premises. Businesses with more than one fixed place of business shall obtain separate licenses but may combine their gross receipts and make payment to the City under one license number. (Ord. 96-12 § 1, 1996).

5.04.080 License Form.

A. It shall be the duty of the City Administrator or her/his designated agent to prepare and issue a license under this title for the person, firm or corporation liable to pay a license tax under this title, duly signed by the City Clerk or her/his deputy, and to state in such license:

1. The name of the business;

2. The type of business;

3. The class of business (e.g., broker, tree service, janitorial, etc.);

4. The section of this title under which the license is issued;

5. The date of issuance of the license;

6. The period of time for which same shall run (i.e., expiration date);

7. The name and the Federal tax identification number of the person, firm or corporation to whom issued;

8. The mailing address of the person, firm or corporation to whom issued;

9. The business, trade, calling, profession or occupation for which the same is issued, a State license number, if applicable, and the business classification;

10. The location or place of business, trade, calling, profession or occupation for which the same is issued including street address, courtyard, and space number (if applicable); and

11. The business license number of the license with which the business financially reports, if applicable.

B. The City Administrator or her/his designated agent may confer with persons in interest and may require any person to file an affidavit as to the character of such business. In no case shall any mistake by the City Administrator or her/his designated agent in stating the amount or the terms of such license or the time for which it is to run prevent or prejudice the collection by the City of what shall actually be due, with all costs, from anyone carrying on a business, trade, calling, profession or occupation without a license provided for by this title. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 96-12 § 1, 1996).

5.04.090 Business License Record.

A record of all licenses issued under this title shall be kept by the City Administrator or her/his duly authorized representative, showing the date issued and all other particulars as required. (Ord. 96-12 § 1, 1996).

5.04.100 Transfer of Licenses – Fixed Places of Business.

A. Location. No business license for a fixed place of business within Carmel-by-the-Sea shall be valid except for the exact location including street location, courtyard and space number if applicable, shown on the current business license. In the event of the proposed removal of such licensed business to another location within the City, i.e., street, courtyard, or space, the person, firm or corporation to whom the current business license was issued shall present to the City Administrator or her/his designated agent a statement of such removal, setting forth the location for which the current business license was issued and the proposed location of the business so licensed including street location, courtyard and space number, if applicable. Such statement shall be referred to the Department of Community Planning and Building for approval of use, and, if approved, the City Clerk shall certify that the current business license is valid and in effect and upon issuance of a certificate of occupancy by the Building Official thereafter shall issue a new business license for the proposed location.

In the event a business expands into an adjoining location and the two locations are connected by an inter-connecting door, a transfer of business location license is not required. However, approval of the use is required by the Department of Community Planning and Building.

B. Ownership. No business license shall be transferred, whether by sale or otherwise, to another person or persons under such circumstances that the real or ultimate ownership of the business after the transfer is substantially similar to the real or ultimate ownership existing before the transfer. Such transfer shall be accomplished by the execution of a business license transfer by the holder of the current license and the completion of an application for transfer of business license ownership by the transferee. The application shall be presented to the City Clerk, who shall certify that the current business license is valid and in effect and shall thereafter issue a new business license to the transferee.

C. Business Name Change. Upon change of business name, business owner shall submit a business name change on a form provided by the City. (Ord. 96-12 § 1, 1996).

5.04.110 Exhibiting License.

A. Every person having a license under the provisions of this title for carrying on a business at a fixed place of business shall keep such license while in force posted for exhibition in some conspicuous part of the place of business.

B. Every person having such a license and not having a fixed place of business shall carry such license at all times while carrying on the business for which the same was granted.

C. The license for each machine or device licensed pursuant to this title shall be displayed on the machine or device so that City officials inspecting the business premises can verify that a valid license exists. No machine or device licensed under this title shall be kept, stored or maintained in any area of business premises open to the public unless a valid license is in force for it and is displayed in the manner required.

D. Every person having a license shall produce, exhibit or point out the display of same whenever requested to do so by any police officer or by any officer authorized to issue or inspect licenses or collect license fees. (Ord. 96-12 § 1, 1996).

5.04.120 License Fee – Debt to City.

The amount of any license fee imposed by this title shall be deemed a debt to the City and any person carrying on any lawful business in the City, without having a license to do so, 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 fee imposed on such business. (Ord. 96-12 § 1, 1996).

5.04.125 Information Confidential.

All information not subject to disclosure pursuant to the Public Records Act and filed pursuant to the provisions of this title shall be confidential and shall not be subject to public inspection. It shall be the duty of the City to so preserve and keep the statements so that the contents thereof may not become known except to the person charged by law with the administration of the provisions of this title, and except when it is necessary to divulge such information for the purpose of enforcing the provisions of this title. (Ord. 96-12 § 1, 1996).

5.04.130 Conviction – Nonexemption From Tax.

The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of such license tax due or unpaid at the time of such conviction, and nothing in this title shall prevent a criminal prosecution for any violation of the provisions of this title. (Ord. 96-12 § 1, 1996).

5.04.140 Payment of Fees and Taxes.

A. Application and Administrative Fees.

1. Administrative Fee. The administrative fee shall be reviewed annually and calculated to recover the percentage of costs reasonably borne by the City in providing this service. City Council shall adopt, by resolution, the annual administrative fee for processing new business licenses and renewals.

2. Application Fee. The nonrefundable application and inspection fee shall be reviewed annually and calculated to recover the percentage of costs reasonably borne by the City in providing this service. City Council shall adopt, by resolution, the annual administrative fee for processing new business licenses and renewals.

B. Business License Tax.

1. Businesses in all categories except special events and transportation of persons/goods shall remit an annual tax of $1.00 per $1,000 of revenue from gross sales/services.

2. All businesses in the category of special events or transportation of persons/goods shall be taxed annually as follows:

a. Special events: a flat fee of $40.00 per event.

b. Transportation of persons/goods: a tax based on the number of vehicle trips per year as follows:

1 – 10 trips per year $25.00

11 – 25 trips per year $35.00

26 – 50 trips per year $45.00

51 or greater $60.00

For purposes of this provision, the term “vehicle trip” shall refer to the act of a vehicle entering the City for the purpose of transporting any person or persons for hire or utilizing any City street for the delivery of any goods. Delivery of goods to multiple destinations or one trip on one day to or within the City shall constitute one vehicle trip.

C. Computation of First Year Fee. In addition to the application and administrative fees, the license tax shall be due and payable upon the submittal of a business license application. The business license reporting period used to calculate the license tax shall begin on the date of the start of the business and end on the thirtieth of June. A business license is valid through the thirtieth day of June, upon which time it is required to be renewed. The annual business license reporting period used to calculate the license tax is the first day of July through the thirtieth day of June. All fees and license taxes shall be paid at the office of the City Administrator or her/his designated agent in legal currency of the United States and shall be due and payable on the first day of July.

1. Gross Business Licenses. Every person engaged in the business of selling at retail or at wholesale tangible personal property of any kind whatsoever and/or furnishing any service or services not otherwise specifically taxed or licensed by other provisions of this chapter shall, between the first day of July and the thirtieth day of June of each year, file with the City Clerk a statement showing, with deductions as permitted in this chapter, the exact gross sales of each of such businesses during the last preceding 12 months prior to the thirtieth day of June. If the business is owned, conducted or carried on by a firm or copartnership, such statement must be signed and filed by one of the members or partners. If the business is owned, conducted or carried on by a corporation, such statement must be signed and filed by its president, vice president, secretary, assistant secretary, treasurer, assistant treasurer, chief accounting officer, or managing agent. In the case of businesses rendering services, the gross revenue from services rendered shall be considered the equivalent of gross sales. In the case of businesses making sales and rendering services, the gross revenue from both sales and services shall be considered the equivalent of gross sales.

2. Any person who willfully files a false statement of gross receipts shall be guilty of a misdemeanor and punishable as provided in this chapter.

D. Annual Payment of Taxes. Annually thereafter all license taxes shall be paid at the office of the City Administrator or her/his designated agent in legal currency of the United States. The annual tax shall be due and payable on the first day of July.

1. Gross Business Licenses. Every person engaged in the business of selling at retail or at wholesale tangible personal property of any kind whatsoever and/or furnishing any service or services not otherwise specifically taxed or licensed by other provisions of the chapter shall, between the first day of July and the thirty-first day of June of each year, file with the City Clerk a statement showing, with deductions as permitted in this chapter, the exact gross sales of each of such businesses during the last preceding 12 months prior to the thirtieth day of June. If the business is owned, conducted or carried on by a firm or copartnership, such statement must be signed and filed by one of the members or partners. If the business is owned, conducted or carried on by a corporation, such statement must be signed and filed by its president, vice president, secretary, assistant secretary, treasurer, assistant treasurer, chief accounting officer, or managing agent. Any person who willfully files a false statement of gross receipts shall be guilty of a misdemeanor and punishable as provided in this chapter. In the case of businesses rendering services, the gross revenue from services rendered shall be considered the equivalent of gross sales. In the case of businesses making sales and rendering services, the gross revenue form both sales and services shall be considered the equivalent of gross sales.

E. License Expiration. All business licenses shall be annual licenses and shall expire on the last day of June. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 96-12 § 1, 1996).

5.04.160 Penalties for Delinquent Payment.

A. License tax must be paid for all times during which a business is carried on within the City including periods when the business has been carried on illegally due to lack of a valid license.

B. If the tax is not paid within 30 days after it is due, a penalty of 25 percent of the tax due shall be added and an additional penalty of five percent shall be added every 30 days thereafter; provided, that the amount of such penalty to be added shall not exceed 50 percent of the amount of the license tax due. Since the tax is due annually on the last day of the month of June and becomes delinquent on the first day of August, the 25 percent penalty shall be added as of August 1st, and five percent penalties shall be added on the first day of each month thereafter until the penalty reaches 50 percent of the tax.

C. Taxes and penalties due from businesses which have been carried on without paying the administrative, application and inspection fees or the license tax shall be calculated from the first day of business as though the license had been applied for and renewed each year from the first day of business, but no administrative, application and inspection fees made or taxes paid. The penalties for any period of operation of a business for which the administrative, application and inspection fees have been made pursuant to CMC 5.04.140 (the period ordinarily covered by the administration, application and inspection fees for which taxes are calculated) shall be determined on the first day of the period.

Where the administration, application and inspection fees should have been paid for a new business, the first day of the period shall be the first day of business. The 25 percent penalty shall be assessed on the thirty-first day following the first day of the period and the five percent penalty shall be assessed at the end of each 30-day period thereafter. Thus, if a business has operated for a period of six months without paying the administrative, application and inspection fees as required, the penalty on the tax due for that period shall be 50 percent.

D. A business owner shall inform the City Administrator or her/his designated agent in writing of the date on which the business commenced along with the exact gross sales statements as required by CMC 5.04.140(D)(1) upon request of the City Administrator or her/his designated agent, and failure to furnish the statement or intentionally furnishing a false statement shall be a misdemeanor.

E. Penalties for delinquent payment of taxes shall not be waived and penalties shall be added automatically. It shall be the obligation of the business to furnish gross sales statements to the City annually and to pay the tax when due, and failure on the part of the City to send notice of the tax due shall be no excuse for failure to pay the tax on time. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 96-12 § 1, 1996).

5.04.170 Claims for Refund.

Any tax erroneously paid shall not be refunded unless a claim for refund is made within three years from the time of payment thereof. The administrative, application and inspection fees shall not be refundable. (Ord. 96-12 § 1, 1996).

5.04.180 Licensed Businesses – Locations.

A. Every person engaging in any in-and-about business in the City, as defined in this title, and who has procured a license therefor, shall have the right to sell the goods, wares or merchandise or engage in the business for which the in-and-about license was issued at a fixed place of business without procuring any additional license therefor. Every person engaging in business at a fixed place of business in the City, as defined in this title, and who has procured a license therefor, shall have the right to deliver the goods, wares or merchandise for which the license was issued at any place in the City without procuring any additional license therefor. In the issuance of in-and-about licenses and licenses for fixed places of business or regular places of business, no discrimination or distinction shall ever be made against nonresidents of the City in favor of residents of the City, and residents and nonresidents of the City shall be entitled to equal rights in all matters relating to the issuance of licenses.

B. No bedroom of any place of business licensed, used and occupied as a hotel, motel, inn, roominghouse, lodginghouse or boardinghouse shall, for the purposes of this title, ever be construed to be a fixed place of business or a regular place of business other than such hotel, motel, inn, roominghouse, lodginghouse or boardinghouse. All persons claiming any such room of such hotel, motel, inn, roominghouse, lodginghouse, boardinghouse, used and occupied as such, shall, for the purposes of this title, be deemed to be conducting an illegal business. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 96-12 § 1, 1996).

5.04.190 Exemptions.

A. The provisions of this title shall not be deemed or construed to require the payment of a license fee to conduct, manage, or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes 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 institution or organization from complying with the provisions of this title requiring such institution or organization to obtain a license from the City Administrator or her/his designated agent to conduct, manage, or carry on any such business, occupation, or activity.

B. Interstate Commerce. Every peddler, solicitor or other person claiming to be entitled to exemption from payment of any license provided for in this title upon the grounds 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 Administrator or her/his designated agent having charge of the collection of licenses, disclosing the interstate or other character of the business entitling such exemption. Such statement shall state the name and location of the company or firm from which the orders are to be solicited or secured, the name and address of the nearest local manager, if any, 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 claims 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. If it appears that the applicant is entitled to such exemption, such applicant shall forthwith be issued a no-fee license.

C. Peddlers and Solicitors.

1. No license tax for the purpose of peddling or soliciting shall be required of any honorably discharged or honorably released soldier, sailor or marine of the United States of America exempted from the payment thereof by any laws of the State of California; provided further, that each soldier, sailor or marine shall upon application therefor be issued such license free of cost upon presentation of a document or documents establishing this honorable discharge or honorable release from the United States Army, Navy, Coast Guard, Air Force or Marine Corps.

2. No license tax for this purpose of peddling or soliciting shall be required of any blind person. A blind person, within the meaning of this section, means a person having not more than 10 percent visual acuity in the better eye, with correction. Such blindness shall be certified by a licensed physician or surgeon who specializes in diseases of the eye, and who is licensed to practice in the State of California, or by the Bureau of Vocational Rehabilitation of the Department of Education of the State of California, and the exemption provided by this section shall not apply until a certificate as to such blindness shall have been furnished to the City Administrator or other designated agent of the City.

D. Commercial Travelers. No license shall be required or tax collected from any person whose business is limited to the taking of orders for future delivery of goods, wares, merchandise or supplies to business persons in the City for their use or resale by them in the normal course of their business.

E. Agricultural Food Vendors. Upon application by the persons raising the same, a license to peddle and/or sell agricultural food products grown or raised within the limits of the County of Monterey shall be issued by the City Administrator or her/his designated agent to the applicant with no charge to the applicant; provided, however, that such license shall authorize the peddling and/or selling of such products by the grower only. (Ord. 2017-02 § 2 (Exh. A), 2017; Ord. 2007-05 § 1, 2007; Ord. 96-12 § 1, 1996).

5.04.200 Signature of City Clerk.

All licenses issued under the provisions of this title shall bear the signature of the City Clerk or her/his deputy. (Ord. 96-12 § 1, 1996).

5.04.210 City Administrator or Any Other Authorized Officer to Exercise Powers of Chief of Police.

The City Administrator or any other authorized officer shall, upon direction of the City Administrator, exercise the powers of the Chief of Police to enforce the provisions of this title. (Ord. 96-12 § 1, 1996).

5.04.220 Duties of Police.

A. The Chief of Police or authorized officer of the City shall have and exercise the power:

1. To make arrests for the violation of any of the provisions of this title.

2. To enter, free of charge, at any time any place of business for which a license is required and provided and demand the exhibition of such license for the current term from any person, firm or corporation engaged or employed in the transaction of such business; if such person, firm, or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be guilty of a misdemeanor and shall be liable to the penalty or penalties provided in this title.

B. It is the duty of the Chief of Police to cause complaints to be filed against all persons, firms or corporations violating any of the provisions of this title. (Ord. 96-12 § 1, 1996).

5.04.230 Suit for Delinquent Fees.

The City Council may at any time direct the City Attorney to bring suit in the name of the City for the recovery of a license tax against any person who engages in, conducts or carries on any business or game or exhibits any show or exhibition for which a license is required by the provisions of this title, without procuring such license and paying the prescribed license tax. In the event legal action is brought by the City to enforce collection of any license tax imposed by this title, such persons shall pay all costs of the suit incurred by the City or its assignee, including a reasonable attorney’s fee. In such actions for collections of a license tax imposed by this title, a civil penalty shall be added to the amount of any judgment recovered by the City, in addition to any other penalty then due and owing imposed by the provisions of this title. (Ord. 96-12 § 1, 1996).

5.04.240 Affidavit for Writ of Attachment.

In all suits initiated by the City as provided in this title for the collection or the recovery of any license tax imposed by this title, the City Administrator or her/his designated agent or the City Attorney may make the necessary affidavit for a writ of attachment against the property of the defendant therein, and such writ shall thereupon be issued without any undertaking or other security being given by or on behalf of the City. (Ord. 96-12 § 1, 1996).

5.04.250 Business Name.

A. Purpose of Regulation. The City Council finds that in the City of Carmel-by-the-Sea, in which there are no street numbers, the name of a business establishment is more than normally important to residents and visitors alike. Business names which tend to mislead or confuse the public as to type of business, the purpose of the business, or the manner in which the business is conducted, have a much greater adverse effect on the public in this City than in others, creating unnecessary parking and traffic problems and placing an unnecessary administrative burden on municipal employees in assisting members of the public in finding establishments sought for and in correcting misunderstandings created by misleading names. Further, names of business establishments which are sufficiently similar to create confusion between two or more businesses as determined by the Police and Fire Departments can lead to a serious hazard to the public health, welfare and safety, in that emergency response by police and fire personnel can easily be directed to the wrong location. A business license is issued to a specific business name and a new business license may be issued only upon change of business name in accordance with CMC 5.04.100(C).

B. Department of Community Planning and Building. No business license shall be approved or issued by the Department of Community Planning and Building in any name that would tend to mislead the public as to the type of business or the products or services offered for sale. Further, no license shall be issued to any applicant for a business name that is sufficiently similar to an existing and licensed business within the City as to cause confusion between the two establishments by either members of the public or municipal employees. Public Safety Departments shall review similar names prior to approval and provide their recommendations to the City Administrator who shall make such a determination. Within 10 days of the determination of the City Administrator, the applicant may appeal the decision to the City Council. (Ord. 96-12 § 1, 1996).

5.04.260 Refunds.

All business licenses shall be issued for the period of time set forth in this title and no licensee shall be entitled to the refund of the application and inspection fee or any portion of the tax paid by reason of the termination of such licensed activity prior to the expiration of the term for which the business license has been issued. (Ord. 96-12 § 1, 1996).

5.04.270 Water Conservation.

No business license shall be issued for any new use not in conformance with CMC 17.08.050 and 17.08.060. Approval of business licenses to new businesses operating from a fixed location on any property within any commercial land use district shall require retrofitting of said property with water conservation devices in conformance with Monterey Peninsula Water Management District or City of Carmel-by-the-Sea ordinances, whichever is the most restrictive. (Ord. 96-12 § 1, 1996).