Chapter 10.2 Regulation and Business Licensing

10.2.10 Purpose of this Chapter

The purpose of this Chapter is to establish regulations that govern Business Licenses in the City of La Habra Heights.

10.2.20 Business License Requirements

The following Business License requirements are applicable in the City of La Habra Heights:

A.    No person as principal, agent, employee, officer or otherwise, shall commence or carry on any business within the City, without having first:

1.    Applied for and received a business license specifying such business;

2.    Paid all applicable application and license fees;

3.    Obtained any permit required by the City; and

4.    Paid any permit fee required.

B.    In particular, the following businesses are considered to be regulated businesses and must obtain a Business License from the City of La Habra Heights:

1.    Home security services (including alarm installation services).

2.    Animal grooming and other related activities that conduct on-site services.

3.    Landscaping contractors and maintenance services.

4.    Architects and designers, engineers, landscape architects or designers and other persons involved in design of development.

5.    Contractors including building, plumbing, electrical, heating, and other similar service providers.

6.    Handyman and household repair service providers.

7.    Any business that requires a Home Occupation Permit.

C.    It is unlawful for any person, other than an employee of a person possessing a valid Business License from the City, to engage in business in the City without having first procured a Business License from the City.

D.    It is unlawful for any person required to obtain a Business License from the City to retain the services of an independent contractor unless the independent contractor shall have first procured a Business License from the City.

E.    The City Manager shall approve or deny an Application for a Business License.

10.2.30 Separate License Required for Each Location

For each business operating from a fixed location, a separate license certificate shall be obtained for each separate branch, establishment or location of the business. Each license certificate shall authorize the licensee to engage only in the business licensed at the location and in the manner designated on the Business License.

10.2.40 Denial of Business Application

The City Manager shall deny an application for a license certificate for the calendar year in which the application is made if it is found that the person or business submitting the application has violated other sections of this Code in addition to having failed to obtain a license certificate prior to the start of the business activity. The Applicant has the right of appeal pursuant to Article 8 of this Municipal Code.

10.2.50 Exempt Activities

A.    The provisions of this Chapter shall not be deemed or construed to require a Business License or the payment of a license fee for the following:

1.    Charitable Activities. The conducting, managing or carrying on of any business, occupation or activity for charitable or educational purposes by any organization that presents proof of its designation as a tax-exempt organization for charitable purposes in a form which is satisfactory to the City Manager.

2.    Minor Students. The conducting of a business, otherwise permitted by City ordinance, by youth, under the age of eighteen (18) years, and living in the City.

3.    Homeowners association. Any bona fide homeowners association.

B.    The following businesses and organizations shall be required to obtain a Business License and any necessary permits, but shall not be required to pay a Business License fee:

1.    Auctioneers. Any person arranging, managing, sponsoring or carrying out of an auction sale of goods, wares, merchandise or any real or personal property, provided that such person be licensed with the State of California.

2.    City Contractors. Any individual whose only business within the City is contracting with the City to perform personal services, including, but not limited to, teaching classes, providing temporary support services or maintenance services.

10.2.60 Transfer and Assignment

No Business License shall, in any manner, be transferred or assigned, nor shall it authorize any person other than the licensee or the licensee’s employees therein named to engage in business.

10.2.70 Display of Business License

Every person having a Business License but not having a fixed place of business in the City shall carry such license at all times when engaged in the business for which the license has been granted. In addition, the following requirements apply:

A.    Every person operating any wheeled vehicle in connection with activity requiring a Business License must procure a vehicle sticker. The vehicle sticker shall identify the license plate number of the vehicle to which it is assigned and a permit number to be assigned by the City.

B.    The vehicle sticker shall be attached in a conspicuous location on the rear of the vehicle to which it is assigned in such manner that the sticker shall be plainly visible at all times.

C.    Vehicle stickers shall not remain on a vehicle after the expiration date of said sticker.

D.    It shall be unlawful for any person, other than the licensee, his/her authorized agent or an officer of the City, to remove any vehicle sticker required pursuant to this Section from a vehicle to which it has been attached.

E.    Delivery vehicles and vehicles associated with a legitimate, licensed business enterprise shall not be required to exhibit the City’s vehicle sticker when operating within the City, provided that each and every vehicle operating in the City shall bear the name of the responsible person or business in a location plainly visible to the public.

10.2.80 Exhibition of Business License

Every person having a City Business License shall present the license whenever, in the course of business, it is requested by any police officer, firefighter, or other authorized City official.

10.2.90 Revocation or Suspension of Business License

This Section provides for revocation or suspension of a Business License and the procedures that are to be followed thereto.

A.    Grounds for Suspension or Revocation. Any Business License issued pursuant to this Chapter may be revoked or suspended by the City Manager if any of the following circumstances occur:

1.    The licensee is conducting a business not permitted by the Business License.

2.    The licensee is engaged in an activity prohibited by State or Federal law.

3.    The licensee is conducting the business in a manner that threatens the health or public safety of City residents.

4.    The licensee has refused to comply with a legal requirement of the City.

B.    Grounds for Suspension or Revocation Provided to Licensee. The City Manager may revoke or suspend a license certificate or permit only after the grounds have been presented to the licensee and the licensee has been provided an opportunity to respond.

C.    Revocation or Suspension Subject to Appeal. The revocation or suspension of any license may be appealed or called for review pursuant to the procedures set forth in Article 8.

D.    Surrender of License or Permit. In the event that a Business License is revoked or suspended, the certificate or vehicle sticker shall be surrendered to the City. No refund shall be provided for any fee or portion thereof paid for the license or sticker. The surrender of a license or sticker shall not constitute a waiver of any requirement for the licensee to pay any penalties due.

10.2.100 No Authorization of Illegal Business

No license issued hereunder shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business.

10.2.110 Violation Punishable as Misdemeanor

Any person or entity that violates any provision of this Chapter of the City of La Habra Heights Municipal Code is guilty of a misdemeanor punishable pursuant to the provisions of Article 8.