Chapter 5.04 BUSINESS LICENSES GENERALLY

“AUMA” means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.

“Business” shall mean any employment, avocation, occupation, profession, trade, calling, lawful game, show, exhibition, event, venture, fund-raising activity, commercial enterprise, company, corporation, joint enterprise, place of business, partnership or other activity or enterprise engaged in for gain, profit, benefit, advantage or livelihood, whether or not a gain, profit, benefit, advantage or livelihood is earned thereby. “Business” shall also mean and include the ownership and/or operation of a business which is engaged in the principal business of extracting and/or processing rock, sand, or gravel (aggregate) from or on any real property located within the city for the purpose of commercial use or sale. Upon passage of Ordinance 237¹ this chapter shall be interpreted together with and consistent with the provisions and requirements of Chapter 5.17 HMC. “Business” shall also mean and include the ownership of commercial off-site advertising displays which are located on properties in the city, whether or not the fixed place of business of the owner of the off-site advertising display is located within the city.

“City” shall mean the city of Highland.

“Collector” shall mean the city official charged with the administration of this chapter.

“Commercial marijuana activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Chapter 3.5 of Division 8 or Division 10 of the California Business and Professions Code, as they may be amended from time to time.

“Commercial off-site advertising display” means any off-site advertising display, as defined in Chapters 16.04 (Administration) and 16.56 HMC (Sign Regulations), the face or structure of which is maintained for commercial purposes, for rent, lease, in-kind trade or trade-out, or other form of financial gain or advantage.

“Contractor” shall mean any person who undertakes to or purports to have the capacity to undertake to or submits a bid to, or does himself or by 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. The term “contractor” includes subcontractor and specialty contractor.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

“Delivery” means the commercial transfer of marijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by a retailer or independently licensed under California law that enables customers to arrange for or facilitate the commercial transfer by a state licensed retailer of marijuana or marijuana products.

“Distribution” means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the California Business and Professions Code, as they may be amended from time to time.

“Employee” shall mean any person who receives his compensation from an employer that carries worker’s compensation insurance, makes all necessary payroll deductions from such compensation, directly supervises and assumes all other responsibilities as an employer. Any person who is not an employee shall be deemed self-employed and in business for himself subject to the provisions of this chapter.

“Fixed place of business” shall mean the place within the city at which the principal tools, equipment or machinery used in a business are customarily stored or located, or at which are maintained the principal stock of materials or supplies and the books and records used in a business.

“Hawking” means the offering of merchandise for sale on the streets by outcry or by attracting the attention of persons by exposing goods in a public place, or by placards, labels, or signals, other than as conducted by sidewalk vendors operating in compliance with HMC 5.04.375.

“License” shall mean the valid receipt issued by the collector, which indicates that any fee imposed by this chapter has been paid to the city. The business license is a receipt only and shall have no other legal effect.

“Licensee” shall mean any person holding a license issued pursuant to the provisions of this chapter.

“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

“Marijuana” means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Marijuana” also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. It does not include:

1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or

2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

“Marijuana” also includes “cannabis” as defined in California Business and Professions Code Section 19300.5(f), as the same may be amended from time to time. “Marijuana” includes marijuana that is used for medical, non-medical, or other purposes.

“Marijuana product” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

“MCRSA” means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill No. 643, and as amended by Assembly Bill No. 21 in 2016, as the same may be amended from time to time.

“Peddling” means the act of going from house to house, place to place, or in and along streets within the city, selling and making immediate delivery of any goods or anything of value in possession of the peddler, other than as conducted by sidewalk vendors operating in compliance with HMC 5.04.375.

“Person” shall include any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, Massachusetts business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.

“Premises” shall mean all lands, structures, places, and also the personal property, equipment and appurtenances connected or used in any business.

“Residential rental” shall mean apartment buildings, duplexes, single-family residential units, or any other structure used for the housing of persons where said persons are charged for the privilege of residing.

“Soliciting” means the act of going from house to house, place to place, or in and along the street within the city, selling or taking orders for goods or other things of value for future delivery, or for services to be performed in the future, other than as conducted by sidewalk vendors operating in compliance with HMC 5.04.375.

“Sworn statement” as used in this chapter shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.

“Yard sale” shall mean any event where items of personal property owned, utilized, or maintained by occupants of premises other than a licensed commercial business are to be offered for sale to the general public. This shall include garage, patio, rummage, and other similarly conducted sales. (Ord. 430 § 2, 2019; Ord. 429 § 3, 2018; Ord. 415 § 3, 2017; Ord. 383 § 3, 2013; Ord. 382 § 3, 2013; Ord. 239 § 2, 1998)

5.04.020 Purpose of provisions.

This chapter is enacted for the purpose of keeping record of business locations, zoning, statistical and regulatory purposes. (Ord. 239 § 2, 1998)

5.04.030 License and fee required – Exception.

A. License and Fee Required. No person shall conduct any business in the city without first having obtained a business license, paid the appropriate license fee, and complied with any and all applicable provisions of this code. In any business where a county, state, or federal license is required, such license shall be exhibited to the collector before a city business license is issued. Failure of the applicant for a business license to exhibit or be in actual possession of a county, state, or federal license or failure of the collector to verify the legitimacy or applicant’s possession of such license shall not constitute negligence on the part of the city.

B. Exception. This section shall not be construed to require any person to obtain a business license where such requirement conflicts with applicable statutes of the United States or of the state of California. (Ord. 239 § 2, 1998)

5.04.040 Fees set by resolution.

Every person engaging in business in the city shall pay a business license fee as prescribed by resolution. The amount or rate of the applicable business fee shall bear a reasonable relationship to the service to be performed by the city and the costs incurred by the city in reviewing and acting upon the application. The city council shall, from time to time, review the resolution fixing business license fees and shall retain, revoke, modify, adjust, add or determine any amount or rate of such business license fees. Such resolution shall have the force of law and shall be binding on all persons engaging in business in the city and shall be done in an advertised public hearing. (Ord. 239 § 2, 1998)

5.04.050 Fees and penalties constitute debt.

The amount of any license fee and penalty imposed by this chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license fee and penalties. (Ord. 239 § 2, 1998)

5.04.060 Compliance with other regulations.

A. The payment of a fee required by this chapter and the issuance of a license to any person shall not entitle the licensee to engage in any business unless the licensee has complied with all other applicable federal, state, or local laws; nor shall the licensee be excused from the payment of any license, certificate, registration, insurance, bond, cash deposit, or permit fee or tax required under any other provision of this code or any ordinance of the city; nor shall the licensee be authorized to conduct any business or activity in violation of any federal, state, or local law.

B. The city shall not approve any application for a business license or any other permit or entitlement authorizing the establishment, operation, maintenance, development, or construction of any business that engages in commercial marijuana activity, whether or not for profit, and the issuance of any business license for any commercial marijuana activity, or any business prohibited by federal or state law, is null and void. The city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the MCRSA or the AUMA. The city shall also not issue any local license to a non-profit entity pursuant to California Business and Professions Code Section 26070.5. (Ord. 415 § 4, 2017; Ord. 383 § 4, 2013; Ord. 382 § 4, 2013; Ord. 239 § 2, 1998)

5.04.070 Evidence of doing business.

When any person by use of signs, circulars, cards, telephone book, or newspapers, advertises, holds out, or represents that such person is conducting business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that such person is in business in the city and such person fails to deny by a sworn statement given to the collector that he is not conducting a business in the city, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that such person is conducting a business in the city. (Ord. 239 § 2, 1998)

5.04.080 Separate license required for each place or type of business.

Where a license fee is imposed upon any business pursuant to this chapter and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business. A separate license shall be obtained for each branch establishment or location of the business and for each separate type of business at the same location. Each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location specified in the license, and in the manner designated in such license. Warehouses and distributing plants used in connection with and incidental to a business shall not be deemed to be separate places of business or branch establishments. (Ord. 239 § 2, 1998)

5.04.090 Information confidential.

The collector shall maintain in confidence the business affairs, operations or other information contained in any statement or business license application and any information obtained from an investigation of records of a business; provided, that nothing in this section shall be construed to prevent the examination of records by federal or state officials, a grand jury or court of law upon subpoena, or other agents of the city for the purpose of auditing the accounts of the collector or administering or enforcing this chapter; nor shall this section prohibit the disclosure of the names and business addresses of licenses, the general type of their business, and general statistics regarding business license fees collected in the city. (Ord. 239 § 2, 1998)

5.04.100 Exemptions.

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 said 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 chapter of the Highland Municipal Code.

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 said 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, homeowners’ 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. This chapter shall not be deemed or construed to require payment of a license fee by any public utility which pays to the city a franchise tax; provided, that a license fee shall be required for any retail sales conducted in the city by such public utility. Where a license fee is imposed on a public utility, it shall not differ from the rate imposed on mercantile, manufacturing and other business corporations.

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. (Ord. 239 § 2, 1998)

5.04.110 Filing for exemptions.

Any person claiming an exemption pursuant to this chapter shall file a sworn statement with the collector stating the facts upon which said exemption is claimed. In the absence of such statement substantiating the claim, such person shall be liable for the payment of the appropriate business license fee as set forth by resolution. The collector shall, upon verification of the information contained in the sworn statement, issue a license to such person claiming exemption. Upon information that the licensee is not entitled to the exemption, the collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license and shall require the licensee to pay the amount of the license fee determined to be due the city. Nothing contained in this chapter shall be construed to exempt any person from complying with any and all other applicable federal, state, or local laws. (Ord. 239 § 2, 1998)

5.04.120 General application procedure.

Every person required to have a business license shall apply to the collector for a license. Upon receipt of a completed application and any fees required, the collector shall process the application and issue a business license. The amount of the fees due shall be determined in accordance with a schedule established by resolution. The collector may submit the application to other city departments or governmental agencies to determine if the business in premises to be occupied meet the requirements of federal, state, and local laws. (Ord. 239 § 2, 1998)

5.04.130 Contents of application.

Each business license application shall contain the following:

A. Business name;

B. Business address;

C. Mailing address;

D. Phone number;

E. Employer I.D. number (or Social Security number);

F. State resale permit;

G. State contractors license number;

H. Type of business being conducted;

I. Start date;

J. Expiration date;

K. Type of ownership;

L. Owners or principal officers;

M. Standard industrial classification code;

N. Business license number;

O. Amount paid;

P. Health permit number;

Q. Such other information as may be required by the application form or requested by the collector for the enforcement and administration of this chapter. (Ord. 239 § 2, 1998)

5.04.140 Contents of business license.

Upon the payment of the prescribed license fee, the collector shall issue to the applicant a license which shall contain the following:

A. Type of business;

B. Location;

C. Business tax number;

D. Expiration date;

E. Amount paid;

F. Name of business;

G. Owner;

H. Such other information as deemed necessary by the collector. (Ord. 239 § 2, 1998)

5.04.150 Renewal of license.

Any person applying to renew a business license shall submit to the collector a completed application for renewal and pay the appropriate license fee as set forth by resolution. (Ord. 239 § 2, 1998)

5.04.160 License fee – Payment due dates.

A. Annual Fees. Annual business license fees set forth in this chapter shall be due and payable to the city on January 1st of each year. All licenses, unless otherwise provided in this chapter, shall be issued for an annual period.

1. Annual Fees for New Businesses. For businesses established after the adoption of the ordinance enacting this section, annual business license fees shall be due and payable on the date the business is established and shall be prorated as follows for payment of the first annual license fee. Thereafter, fees shall be due and payable on January 1st of each year:

a. Businesses established in the first calendar quarter of the year (January 1st through March 31st) will pay the full fee.

b. Businesses established in the second calendar quarter of the year (April 1st through June 30th) will pay three-fourths of the full fee.

c. Businesses established in the third calendar quarter of the year (July 1st through September 30th) will pay one-half of the full fee.

d. Businesses established in the fourth calendar quarter of the year (October 1st through December 31st) will pay one-fourth of the full fee.

2. Annual Fees for Existing Businesses. For businesses established prior to the adoption of the ordinance enacting this section, renewal of annual business license fees shall be due and payable as follows in the calendar year during which the ordinance was enacted. Thereafter, fees shall be due and payable on January 1st of each year.

a. Renewals expiring in the first calendar quarter of the year (January 1st through March 31st) will pay the full fee.

b. Renewals expiring in the second calendar quarter of the year (April 1st through June 30th) will pay three-fourths of the full fee.

c. Renewals expiring in the third calendar quarter of the year (July 1st through September 30th) will pay one-half of the full fee.

d. Renewals expiring in the fourth calendar quarter of the year (October 1st through December 31st) will pay one-fourth of the full fee.

B. Other Than Annual. Except as otherwise provided, license fees other than annual shall be due and payable as follows:

1. Monthly. Monthly license fee, on the first day of each and every month;

2. Weekly. Weekly license fees, in advance on Monday of each week; and

3. Daily. Daily license fees, in advance each day. (Ord. 465 § 2, 2024; Ord. 239 § 2, 1998)

5.04.170 Establishing alternative license periods.

If deemed necessary for administrative purposes, the collector may establish alternative license periods for individual businesses or for certain classes of business on a fiscal year, calendar year or other basis. In no instance shall a license period extend for a period in excess of one year, or less than one day. (Ord. 239 § 2, 1998)

5.04.180 Refunds.

No business license fees or penalties collected shall be refundable in any manner; provided, that where a licensee establishes to the satisfaction of the collector that an amount was paid in excess of the correct amount due for a first license, a refund of the excess amount paid in shall be made by the collector. Claims for refund shall be made by sworn statement with supporting testimony and must be filed with the collector within a period of 30 days from the day on which the first license expired. Claims for refund may be made only by a person named on the business application, a designated guardian, executor, administrator or heir. No refund for overpayment shall be made where the license was issued under a misrepresentation of fact by the applicant. (Ord. 239 § 2, 1998)

5.04.190 Mistakes not to prejudice fees or terms.

In no case shall any mistake of the collector in stating the amount or terms of a license, or the time for which the license is valid, prevent or prejudice the collection, by the city, of what shall be actually due from any person engaging in business in the city. (Ord. 239 § 2, 1998)

5.04.200 Duplicate license – Modification to license, transfer of license.

A. Duplicate License. Upon a licensee filing a statement indicating that a license has been lost or destroyed, and after paying a fee as established by resolution, a duplicate license shall be issued by the collector.

B. Modification to License. Where a license is issued authorizing a person to engage in a business under a particular business name or at a particular location, the licensee may, upon application and paying a minimal fee to cover administrative cost as established by resolution, have the license amended to reflect a new business name or some other location to which the business has or is to be moved.

C. Transfer of License. Upon the change of ownership of a business a city business license is transferable subject to the filing of a new application and the paying of a transfer fee as set by resolution. (Ord. 239 § 2, 1998)

5.04.210 Payments received by mail.

Whenever any payment, statement, report or other communication is received after a deadline prescribed by this chapter, but is received in a sealed envelope bearing a postmark dated on or before such deadline, the collector may regard such payment, statement, report or other communication as having been received in a timely manner. (Ord. 239 § 2, 1998)

5.04.220 Posting and keeping of licenses.

Any person engaging in business at a fixed place of business in the city shall keep a business license posted in a conspicuous place upon the premises where the business is carried on. Any person engaging in business, but not operating at a fixed place of business in the city, shall be in possession of a business license or an authorized facsimile at all times while on such business in the city. (Ord. 239 § 2, 1998)

5.04.230 Authority to enforce – Entry to inspect.

A. Authority to Enforce. The collector shall have the authority to enforce each of the provisions of this chapter. The police department and other departments of the city shall render assistance in the enforcement of this chapter as may, from time to time, be necessary. The collector shall have the authority to cause a complaint to be filed against any and all persons found to be violating any of the provisions of this chapter.

B. Entry to Inspect. The collector, in the exercise of the duties imposed by this chapter, and every police officer, fire inspector and other officers of the city empowered to enforce the provisions of this municipal code, shall have the power and authority to enter into or upon, free of charge, and at any reasonable time, the premises of any place of business required to be licensed and demand that any person in charge of such place of business exhibit a license to engage in business. Any person engaging in business in the city who is required to be in possession of a business license, and who fails to exhibit such license on demand by the collector or any police officer, fire inspector or other officer of the city empowered to enforce the provisions of the municipal code, is in violation of this chapter. (Ord. 370 § 17, 2012; Ord. 239 § 2, 1998)

5.04.240 Penalties for delinquency – Action to collect.

A. Penalties for Delinquency. Any person engaging in business in the city who fails to pay the appropriate business license fee shall be subject to the following penalties:

1. For failure to pay or renew a license fee when due, the collector shall add a late fee penalty, in an amount set by resolution of the city council, on the day following the last day of each consecutive 30-day interval following the due date while the license fee remains unpaid.

2. The city shall only assess two late fees in total, each on a consecutive 30-day interval following the date the license fee was originally due. The city shall consider the license expired if the fee remains unpaid on the day following the ninetieth day after the due date.

3. For failure to secure a license to engage in business, the license fee due and payable shall be that amount due and payable from the first date the person engaged in business, together with applicable penalties provided in subsection (A)(1) of this section.

4. For failure to pay the amount which was actually due, it shall be deemed that to the extent of the deficiency, there was a failure to pay a license fee when due. Nothing in this subsection shall be construed to apply to any person when the deficiency is the result of an error by the collector in calculating the amount of the license fee due and when such error is not the result of misrepresented facts supplied to the collector by any such person.

B. Notice of Delinquency. The city will make every reasonable effort to provide a courtesy notice to businesses prior to the date of renewal and imposition of any late fees or additional penalties added pursuant to this section. Failure to provide a courtesy notice shall not relinquish any business from the requirement to apply for a business license renewal or from payment of any penalties for delinquency imposed by this section.

C. Action to Collect. Notwithstanding subsection (A)(1) of this section, should a court action be required to collect any license fee and/or penalties, an additional penalty shall be charged equal to the cost incurred by the city for the court action, including attorney fees. All penalties shall be added to the license fee and shall become due and payable along with the delinquent license fee. (Ord. 465 § 3, 2024; Ord. 239 § 2, 1998)

5.04.250 Withholding a license.

The collector shall withhold from any person a license to engage in business where there are pending violations of this code against such person applying for a license, or when any person owes a debt to the city as a result of a violation of this code. (Ord. 239 § 2, 1998)

5.04.260 Misrepresentation.

It shall be unlawful for any person to violate any provision of this chapter or knowingly or intentionally misrepresent to any officer or employee of this city any material fact in procuring a business license. (Ord. 370 § 18, 2012; Ord. 239 § 2, 1998)

5.04.270 Appeal.

Any person aggrieved by any decision of the collector with respect to the issuance or denial of a business license shall have the right to appeal to the city council through appropriate procedures except as otherwise provided in this chapter. (Ord. 239 § 2, 1998)

5.04.280 Collector – Power and duties.

A. The collector is hereby charged with the duty of carrying out and enforcing the provisions of this chapter.

B. In addition to all other powers conferred upon him, the collector shall have the authority, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 days and in such case to waive any penalty which would otherwise have occurred. He shall have the further authority, with the consent of the council, for good and satisfactory cause shown, to order the issuance of a license for less than the fees provided. (Ord. 239 § 2, 1998)

5.04.290 Remedies cumulative.

All remedies prescribed in this chapter shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 239 § 2, 1998)

5.04.300 Issuance – Proof of state license required for contractors.

No license shall be issued to do business as a contractor in a classification which requires licenses from the California Contractor’s State License Board until proof of a valid State Contractor’s License is provided to the city license collector. (Ord. 239 § 2, 1998)

5.04.310 Hawking unlawful – Exception.

A. It shall be unlawful to engage in the business of hawking goods, wares, merchandise, fruits, or vegetables within the city limits, effective January 1, 1989.

B. Exception. The provision of subsection A of this section shall not be applicable to: veterans who are physically unable to obtain a livelihood by manual labor and are entitled to the exemption of HMC 5.04.100(C); bona fide nonprofit and charitable organizations engaging in lawful and authorized nonprofit and charitable activities and are entitled to the exemption of HMC 5.04.100(D); and persons and organizations engaging in the lawful distribution or dissemination of literature or otherwise engaging in their exercise of freedom of speech or press.

1. Where hawking is authorized for bona fide nonprofit and charitable organizations by the exceptions of this section the following regulations shall apply:

a. No hawking shall take place within one-half mile of an existing business, located within the city of Highland, city limits, whose primary business is the sale of the same goods being hawked. Where the one-half mile limitation would not allow for hawking of the specified goods within the city limits, said limitation may be reduced by the licensing officer so as to allow for the hawking of the goods under the provisions of this section.

b. Hawking as authorized under this section is prohibited without first obtaining a valid permit from the city.

c. Written permission of the property owners where hawking is to take place shall be obtained and presented to the city before a hawking permit may be issued.

d. An application for a permit shall be obtained and filed with the city. Said application shall contain information as deemed necessary by the licensing officer.

e. Each individual hawking, as allowed under this section, shall have a current and valid city of Highland permit for hawking for the specific location from which the hawking is proposed to take place.

f. Hawkers shall follow safety rules and/or other necessary requirements for the health and safety of the public as may be required by the licensing officer as a condition of issuance of the permit. (Ord. 239 § 2, 1998)

5.04.320 Charity solicitation.

A. License Required. It shall be unlawful for any person to solicit, collect or receive money or property, or to solicit the sale of or to sell any article or thing or ticket of any kind, or hold, conduct or carry on a rummage sale, circus, bazaar, show, entertainment, concert, or other enterprise or event not regularly carried on for private gain or profit (hereinafter called “activity”), where it is represented that the proceeds of such solicitation, sale or activity, or any part thereof, are to be used for the purpose of charity, education or philanthropy, relief or benefit or civic development or betterment without first obtaining and being the holder of a valid license to do so. Each charity solicitation license would cover from the date of issue through the end of that annual cycle; provided there is compliance with the following:

1. Articles of incorporation (or bylaws if an unincorporated association or organization);

2. Determination letter from the United States Treasury Department (Internal Revenue Service) relating to federal taxes;

3. Determination letter from the state franchise tax board relating to franchise taxes;

4. Any further documents or statements which the collector may require to verify the facts upon which the exemption is claimed.

For all other associations or organizations a charity solicitation license would be required for each drive or campaign for funds or property or each activity.

B. Carrying of License. Such license shall be known as “charity solicitation license” and shall be obtained through the collector. A copy of the foregoing license shall be required to be carried by each person soliciting as allowed under this section.

C. Rejection. Before issuing a charity solicitation license, the collector may make inquiry of the applicant, or any other person, concerning the plan of solicitation or conduct of such activity, the disposition of the proceeds thereof or reason to believe that the method of solicitation or conduct of such activity, or the disposition of the proceeds is or will be unfair, unjust, unlawful, illegal or inequitable, he shall refuse the license.

D. Application. An application for a license shall be obtained and filed with the city. Said application shall contain the information as deemed necessary by the collector.

E. Revocation – Suspension. Any charity solicitation license may be revoked or suspended by the collector for any fraud or misrepresentation committed by the licensee or his agents.

F. Additional Expense. Wherever, in the opinion of the collector, the activity for which the charity solicitation license is requested shall entail any expense to the city such as police protection or any other direct or indirect expenses, the collector shall refer the request for such license to the city council for its decision, in which event the city council shall have the right to impose a reasonable charge to cover such expense.

G. Appeals. Any person aggrieved by the action of the license collector in the denial of an application for a license under this section, or for revocation of a license and provided under this section, shall have the right of appeal to a city council appointed hearing officer. Such appeal shall be taken by filing with the city, within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The city shall set a time and place for the hearing on such appeal, and notice of the hearing shall be given to the appellant in the manner as provided in HMC 5.04.340(H) for notice of hearing on revocation. The decision and order of the hearing officer on such appeal shall be final and conclusive.

H. Coverage. Licenses issued under this section will not cover fund raising activities otherwise specifically covered under other chapters or sections of this code. This license shall not apply to any person operating any business, show, sale, exhibition or enterprise for profit who shares such profit with any such organization. (Ord. 239 § 2, 1998)

5.04.330 Business by vehicle.

Every person not having a fixed place of business within the city who delivers goods, wares, or merchandise of any kind by vehicle other than a certified highway carrier on a regular route, or who provides any service by use of vehicles in the city and who is not otherwise licensed under the provisions of this chapter, shall obtain a business license.

Examples:

Wholesale delivery;

Rock, sand, gravel, and ready mix;

Building supplies;

Any other delivery.

Nothing in this section shall authorize the issuance of a business license for any commercial marijuana activity, or any mobile business prohibited by federal or state law. (Ord. 415 § 5, 2017; Ord. 383 § 5, 2013; Ord. 382 § 5, 2013; Ord. 239 § 2, 1998)

5.04.340 Peddlers.

A. License Required. It shall be unlawful for any person to engage in the business of peddler within the city without first obtaining a license therefor as provided herein.

B. Application – Investigation Fee. Applicants for a license under this section shall file with the license collector a sworn application in writing on a form to be furnished by the license collector, which shall give the following information and any other such information as the license collector may deem necessary:

1. Name and description of applicant;

2. Address (legal and local);

3. A brief description of the nature of the business and the goods to be sold in the case of products of farm or orchard, whether produced or grown by the applicant;

4. If employed, the name and address of the employers, together with credentials establishing the exact relationship;

5. The length of time for which the right to do business is desired;

6. If a vehicle is used, a description of the same, together with the license plate number or other means of identification;

7. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

At the time of filing the application, a fee shall be paid to the license collector to cover the cost of investigation.

C. Investigation and Issuance. Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good.

1. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the application to the license collector, who shall notify the applicant that his license has been disapproved and that no license shall be issued.

2. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, and return the application to the license collector, who shall issue a license to the applicant.

D. Fees. License fees shall be set by resolution.

E. Transfer. No license issued under the provisions of this section shall be used by any other person other than the one to whom it was issued.

F. Term. All licenses under the provision of this section shall be issued on an annual basis. The license period will begin the first day of the month business commences and shall expire the last calendar day of the following 12-month period.

G. Exhibition. Peddlers shall exhibit their licenses at the request of any citizen.

H. Revocation. Licenses issued under the provisions of this section may be revoked by the chief of police after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation, or false statement contained in the application for license;

2. Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler;

3. Any violation of this section;

4. Conviction of any crime or misdemeanor involving moral turpitude;

5. Conducting the business of peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at the last known address at least five days prior to the date set for hearing.

I. Use of Streets. No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgement of a police officer or code compliance officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

J. Records. The chief of police shall report to the license collector all convictions for violation of this section and the license collector shall maintain a record for each license issued and record the report of violation therein.

K. Appeals. Any person aggrieved by the action of the chief of police or the license collector in the denial of an application for a license under this section, or for revocation of a license as provided under this section shall have the right of appeal to a city council appointed hearing officer. Such appeal shall be taken by filing with the city, within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The city shall set a time and place for the hearing on such appeal and notice of the hearing shall be given to the appellant in the manner as provided in subsection H of this section for notice of hearing on revocation. The decision and order of the hearing officer on such appeal shall be final and conclusive.

L. Enforcement of Section. It shall be the duty of any empowered officer of the city to require any person seen peddling to produce their peddler’s license and to enforce the provisions of this section against any person violating the same.

M. Nuisance. The practice of being in and upon private residences in the city by peddlers for the purpose of peddling, when the owner and/or owners or occupant and/or occupants indicate by a plainly visible sign that such practice is not wanted, is declared a nuisance.

N. Repealed by Ord. 370. (Ord. 415 § 6, 2017; Ord. 383 § 6, 2013; Ord. 382 § 6, 2013; Ord. 370 § 56, 2012; Ord. 239 § 2, 1998)

5.04.350 Solicitors.

A. License Required. It shall be unlawful for any person to engage in the business of a solicitor within the city without first obtaining a license therefor as provided herein.

1. Name and description of applicant;

2. Permanent home address and full local address of the applicant;

3. A brief description of the nature of the business and the goods to be sold;

4. If employed, the name and address of the employers, together with credentials establishing the exact relationship;

5. The length of time for which the right to do business is desired;

6. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery;

At the time of filing the application, a fee shall be paid to the license collector to cover the cost of investigation.

D. Fees. License fees shall be set by resolution.

E. Transfer. No license issued under the provisions of this section shall be used by any other person other than the one to whom it was issued.

G. Exhibition. Solicitors shall exhibit their licenses at the request of any citizen.

H. Revocation. Licenses issued under the provisions of this section may be revoked by the chief of police after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation, or false statement contained in the application for license;

2. Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler;

3. Any violation of this section;

4. Conviction of any crime or misdemeanor involving moral turpitude;

5. Conducting the business of soliciting in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

I. Records. The chief of police shall report to the license collector all convictions for violation of this section and the license collector shall maintain a record for each license issued and record the report of violation therein.

J. Appeals. Any person aggrieved by the action of the chief of police or the license collector in the denial of an application for a license under this section, or for revocation of a license as provided under this section shall have the right of appeal to a city council appointed hearing officer. Such appeal shall be taken by filing with the city, within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The city shall set a time and place for the hearing on such appeal and notice of the hearing shall be given to the appellant in the manner as provided in subsection H of this section for notice of hearing on revocation. The decision and order of the hearing officer on such appeal shall be final and conclusive.

K. Enforcement of Section. It shall be the duty of any empowered officer of the city to require any person seen soliciting to produce their solicitor’s license and to enforce the provisions of this section against any person violating the same.

L. Nuisance. The practice of being in and upon private residences in the city by solicitors for the purpose of soliciting, when the owner and/or owners or occupant and/or occupants indicate by a plainly visible sign that such practice is not wanted, is declared a nuisance.

M. Repealed by Ord. 370. (Ord. 415 § 7, 2017; Ord. 383 § 7, 2013; Ord. 382 § 7, 2013; Ord. 370 § 56, 2012; Ord. 239 § 2, 1998)

5.04.360 Residential rental.

A. Businesses consisting of the rental of residential units shall be required to obtain a business license. Each separate property location shall be required to obtain separate licenses; the fee shall be computed as if each such location is a separate and independent business.

B. Application. The finance department shall not issue a business license certificate to a property owner unless a property owner has first submitted a residential rental program application along with a self-certification checklist as provided in Chapter 15.52 HMC.

C. Revocation. If the community development director determines that a residential rental unit is not in compliance with the provisions of Chapter 15.52 HMC or any applicable state law, the community development director may revoke the business license certificate for that residential rental unit. The community development director must send notice of his or her decision to revoke the business license certificate to the owner at the address identified on the application by certified mail, return receipt requested. The notice must set forth the reasons for the community development director’s decision to revoke the business license certificate.

D. Appeal. An owner may appeal the community development director’s decision to revoke the business license certificate to the planning commission. An appeal must be made within 10 calendar days after receipt of notice of the community development director’s decision. The appeal must be made on the appeal form provided by the city and must be accompanied by a fee based on an amount established by resolution of the city council. If an appeal is not made within 10 calendar days of the community development director’s decision, the community development director’s decision will be final. The revocation of any business license certificate shall not release or discharge the business license certificate holder from paying any fees due to the city, nor shall such business license certificate holder be released from prosecution for violating any state or city code or ordinance. (Ord. 412 § 2, 2016; Ord. 239 § 2, 1998)

5.04.370 Yard sales.

A. Permit Required. It is unlawful for any person, firm, or corporation to conduct or carry on any sales activity commonly described as a yard, garage, patio, rummage or similar type sale within the city without first having obtained a permit to do so.

B. Permit Fee. The fee for such permit shall be set by resolution.

C. Exemptions. The provisions of this chapter shall not apply to sales of personal property made under court order or process.

D. Frequency and Hours. An individual or household shall be limited to three such sales per 12-month period and each sales shall be limited to three consecutive days or two consecutive weekends of two days each. There shall be no consecutive or concurrent sales. Such sales may be conducted only between the hours of 8:00 a.m. and 8:00 p.m.

E. Sworn Statement that Personal Property Only is to be Sold. Before a permit may be issued a sworn statement must be filed with the collector stating that all property to be sold is the applicant’s own personal property and has not been acquired or consigned to him for the purpose of resale. If occupant of premises is selling another’s property said property owner must also sign a sworn statement stating that it is his own personal property.

F. Display of Goods. Sale goods may not be displayed in the public right-of-way, and all sale goods shall be arranged so that fire safety service and other officials may have access for inspection at all times during the sale. Sale goods may only be displayed on the days of and between the hours of sales as provided in this chapter.

G. Signs. No other signs shall be permitted, except one double faced sign, not to exceed six square feet in area, and the maximum height shall be five feet. Such sign shall have a maximum height of four feet when placed within the front yard or sidestreet yard setback area. The sign shall be permitted only on the property where such sale is located. Such sign may be posted 24 hours prior to the sale and must be removed immediately following sale.

H. Enforcement. The business license officer is authorized and directed to enforce the provisions of this chapter. He may delegate his powers and duties to his assistants and safety personnel.

I. Repealed by Ord. 370. (Ord. 370 § 56, 2012; Ord. 239 § 2, 1998)

5.04.375 Sidewalk vending.

A. Definitions. The following words and phrases, whenever used in this section, shall mean as follows:

“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code, and any regulations adopted pursuant to that chapter.

“Director” means the community development director of the city of Highland or his or her designee.

“Person” shall mean one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.

“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

“Sidewalk vendor” means a person who vends from a vending cart, or from one’s person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians.

“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

“Swap meet” means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

“Temporary special permit” means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit for purposes including, but not limited to, filming, parades, or outdoor concerts.

“Vend” or “vending” means to sell, offer for sale, display for sale, or solicit offers to purchase food, food products, beverages, goods, or merchandise.

“Vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending that is not a vehicle as defined in the California Vehicle Code.

B. Permit Required. No person, either for themselves or for any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this section.

C. Permit Application. To apply for a sidewalk vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:

1. The legal name and current address and telephone number of the applicant;

2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

3. A description of the food or merchandise offered for sale;

4. A description of the area(s) the applicant intends to operate;

5. Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

6. A copy of a valid business license issued pursuant to this chapter;

7. A California seller’s permit number pursuant to Section 6067 of the Revenue and Taxation Code;

8. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;

9. If a vendor of food or food products, certification of completion of a food handler course and proof of all required approvals from the San Bernardino County department of public health;

10. Proof of liability insurance; and

11. Any other reasonable information regarding the time, place, and manner of the proposed vending.

D. Criteria for Approval or Denial of Permit. The director, or his or her designee, shall approve the issuance of a permit unless he or she determines that:

1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

2. The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; or

3. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in subsection I of this section.

If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

E. Permit Expiration and Renewal. A sidewalk vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the city prior to the expiration of his or her active sidewalk vending permit.

F. Permit Rescission. The director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this section. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.

G. Appeals. Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within 15 days following the date of the director’s decision.

H. Permits Nontransferable. No permit granted pursuant to this section shall be transferable.

I. Operating Requirements. Sidewalk vendors shall comply with the following:

1. No sidewalk vendor shall vend in the following locations:

a. Within 15 feet of any street intersection;

b. Within 10 feet of any fire hydrant, fire call box, or other emergency facility;

c. Within 10 feet of any driveway or driveway apron;

d. Within 20 feet of any bus or transit stop/shelter;

e. Upon or within any roadway, median strip, or dividing section;

f. Within 500 feet of a permitted certified farmers’ market, a swap meet, or an area designated for a temporary special event permit or city-sponsored event. This prohibition shall be limited to the operating hours of the farmers’ market or swap meet, or the limited duration of the temporary special event permit or city-sponsored event;

g. Within 500 feet of a public or private school site during school hours and not within one hour before or one hour after school drop-off and pick-up operations;

h. In any city parking lot;

i. On private property without the consent of the property owner.

2. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than three feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

3. Sidewalk vending hours shall be as follows:

a. In residential areas, roaming sidewalk vending shall be permitted between dawn and dusk to preserve the health, safety, and general welfare of established residential areas.

b. In commercial areas, the limit on hours of vending shall not be more restrictive than the hours of operation of other businesses or uses on the same street within one-half mile of the sidewalk vendor.

c. In park areas, sidewalk vending shall be permitted only during hours open to the public.

4. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

5. Stationary sidewalk vendors shall not vend at any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

6. If a vendor of food or food products, the sidewalk vendor shall provide their own trash receptacle for customers and shall ensure proper disposal of customer trash in accordance with Chapter 8.12 HMC.

7. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor’s customers within a 15-foot radius of the vending location, including adjacent parking areas if applicable.

8. If a vendor of food or food products, the sidewalk vendor shall possess and display in plain view on the vending cart a valid health permit from the San Bernardino County department of public health.

9. Sidewalk vendors shall possess and display at all times while vending a valid permit issued pursuant to this section, as well as any other permit or license required by the city and any other appropriate governmental agency.

10. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

11. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

J. Administrative Citations.

1. A violation of this section by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Chapter 2.56 HMC in amounts not to exceed the following:

a. One hundred dollars for a first violation.

b. Two hundred dollars for a second violation within one year of the first violation.

c. Five hundred dollars for each additional violation within one year of the first violation.

2. Any person engaged in sidewalk vending without a valid city sidewalk vending permit is punishable by an administrative citation pursuant to Chapter 2.56 HMC in amounts not to exceed the following, in lieu of the amounts set forth in subsection (J)(1) of this section:

a. Two hundred fifty dollars for a first violation.

b. Five hundred dollars for a second violation within one year of the first violation.

c. One thousand dollars for each additional violation within one year of the first violation.

d. Upon proof of a valid sidewalk vending permit issued by the city, the administrative citations set forth in this subsection shall be reduced to amounts set forth in subsection (J)(1) of this section.

3. A violation of this section shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

4. Failure to pay an administrative citation issued pursuant to this subsection shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

5. When assessing administrative citations pursuant to this subsection, the enforcement officer shall take into consideration the person’s ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

6. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, 20 percent of an administrative citation imposed pursuant to this section.

7. The enforcement officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition. (Ord. 430 § 1, 2019; Ord. 429 § 2, 2018)

Code reviser’s note: Ord. 237 is codified in Chapter 5.17 HMC.