Chapter 5.16
BUSINESS LICENSES – FEES
Sections:
5.16.010 License – Application – Issuance.
5.16.020 New business – Application fee.
5.16.040 Business license fees – Increases.
5.16.050 Classifications which require license fees designated – Determination for other businesses.
5.16.060 General classification categories.
5.16.070 Skilled and professional categories.
5.16.080 Contractors categories.
5.16.110 Miscellaneous categories.
5.16.140 Pawnshops and secondhand dealers.
5.16.150 Tattoo artist/parlor.
Prior legislation: Ords. 399, 657, 690 and 911.
5.16.010 License – Application – Issuance.
Every person required to have a license under the provisions of this chapter shall make application for the same to the Director of Finance, and, upon the payment of the prescribed tax, the City shall issue to such person a license which shall contain:
A. The name of the person to whom the license is issued;
B. The business license number;
C. The place where such business is to be transacted and carried on;
D. The date of expiration of the license; and
E. Such other information as may be necessary for the enforcement of the provisions of this chapter. [Ord. 1409 § 7, 2019; Ord. 1001 § 5, 1995].
5.16.020 New business – Application fee.
Before engaging in said newly established business, the person shall first file with the City a written application therefor and shall pay to the City an initial license fee, together with a nonrefundable processing fee, both of which are set forth by resolution. [Ord. 1001 § 5, 1995].
5.16.030 Generally.
The several rates to be paid for licenses to commence, manage, engage in, maintain, conduct or carry on business, professions, vocations, callings, trades, occupations, shows, exhibitions and games within the City as classified in this chapter shall be set forth by resolution as adopted by the City Council. [Ord. 1001 § 5, 1995].
5.16.040 Business license fees – Increases.
A. The business license fees for the various classifications of businesses shall be established by resolution of the City Council.
B. At any time, the City Council may by resolution increase or decrease the business license fees. [Ord. 1001 § 5, 1995].
5.16.050 Classifications which require license fees designated – Determination for other businesses.
A. Each business, profession, vocation, calling, trade, occupation, show, exhibition and game shall pay the business license fee specified for the following classifications:
1. General;
2. Professional, semi-professional and similar businesses;
3. Contractors;
4. Rentals;
5. Vending machines; and
6. Miscellaneous.
B. In the event a business, profession, vocation, calling, trade, occupation, show, exhibition or game does not readily appear to fall in one of the above-listed classifications, then the City Manager, or his designee, shall determine which classification shall be applicable, and any person aggrieved by such decision may administratively appeal such decision to the City Council. [Ord. 1001 § 5, 1995].
5.16.060 General classification categories.
The general classification includes any category not specifically described by another classification and includes by way of example:
1. Shoe shining parlor or stand;
2. Cigars and tobacco stand or shop;
3. Messenger service;
4. Popcorn and nut store or shop;
5. Awning and tent store;
6. Books and stationery store;
7. Carpentry shop, where woodworking or repairing is done and planing or molding mill;
8. Delicatessen;
9. Electrical Fixtures and Supplies. Where contracting also is done, a separate license fee for such contracting shall also be paid;
10. Employment agency or bureau;
11. Escrow business;
12. Florist shop;
13. Gift, art or curio shop or store;
14. Harness, saddlery or tack shop;
15. Hat shop or store and related functions;
16. Hemstitching and pleating;
17. Jewelry store or shop, including jewelry, watch or clock repair;
18. Luggage shop, including trunks and other travel equipment;
19. Nursery or gardening, selling nursery stock or conducting a gardening business and related functions; where contracting also is done, a separate license fee for such contracting shall also be paid;
20. Paint and oil dealer;
21. Stable;
22. Tailor shop;
23. Upholstery;
24. Warehouse, including moving and storage;
25. Air Conditioning and Refrigeration Sales and Service. When contracting also is done, a separate license fee for such contracting shall also be paid;
26. Aircraft sales, maintenance, repair, storage or rental; aircraft accessories; flying instructions; carrying passengers for hire in aircraft; air sports; such as skydiving and ballooning;
27. Blacksmith shop or forge and horseshoing;
28. Candy store, where candy is manufactured and/or sold;
29. Clothing and furnishings;
30. Dry goods store;
31. Heating sales and service; where contracting also is done, a separate license fee for such contracting shall also be paid;
32. Household appliances and furnishings;
33. Ice cream, ice milk or frozen yogurt dealer, manufacturer or store;
34. Job printing office or plant;
35. Machine shop for manufacture of machines, machinery or parts;
36. Neon Signs. Manufacturing, selling, dealing or servicing of neon or other tubular electrical signs; when contracting also is done, a separate license fee for such contracting shall also be paid;
37. Plumbing Fixtures and Supplies. When contracting also is done, a separate license fee for such contracting shall also be paid;
38. Radio and/or television store, where radios or televisions or parts are sold or serviced (video equipment);
39. Sheet Metal Works. When contracting also is done, a separate license fee for such contracting shall also be paid;
40. Shoe store or cobbler;
41. Sporting goods shop;
42. Collection agency or credit bureau;
43. Creamery;
44. Drugstore;
45. Newspaper, magazines, and other publications;
46. Office Supplies and Equipment. Selling or servicing office supplies, machines or equipment;
47. Dance Hall (Public). A place where dancing is conducted, whether for profit or not-for-profit and to which the public is admitted, either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. In addition to a business license, every public dance hall or ballroom shall be required to have a special permit issued by the City Manager;
48. Dancing school;
49. Golf driving range or archery range;
50. Riding academy or school;
51. Skating rink;
52. Swimming pool;
53. Theaters or shows, including motion pictures or vaudeville theater at an established place of business wholly within a permanent building constructed for theatrical purposes;
54. Art gallery;
55. Astrologer, including every person who carries on, practices or professes to practice the business or art of astrology, palmistry, phrenology, life readings, cartomancy, handwriting analysis, chirography, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, necromancy, numerology, or similar business, trade or calling, and who shall not be prohibited from doing or conducting any of these practices, professions, businesses or callings by any statute of this State, ordinance of this City or by any other law, and who demands or receives a fee or compensation for the exercise or exhibition thereof, except that the provisions of this chapter shall not apply to those persons providing bona fide and incidental entertainment and amusement for the guests and patrons of and on the premises of any business duly licensed by the City for which no separate or additional charge or consideration shall be paid by the guests or patrons or received or accepted by the person who performs or practices astrology. Additionally, a special permit from the City Manager must be obtained;
56. Auction. For the business of selling lands, tenements, hereditaments, goods, wares, merchandise or real or personal property of any kind or description at auction or public outcry, except no license shall be required for the selling at public sale of goods or property belonging to the United States or to the State, or by virtue of process issued by any State or Federal court, or by the legally appointed administrator, executor or guardian of an estate. Additionally, a special permit shall be obtained from the City Manager;
57. Automobile and other motorized equipment sales and rentals, including automobile accessories, motorcycles, motorscooters, garages or service stations for automobiles and related vehicles; parking lots or storage yards for automobiles; businesses engaged in painting of automobiles and other vehicles; automobile top or upholstering shop; automobile wash rack or automobile wash place;
58. Bakery or baked goods shop;
59. Bankrupt, Assigned or Damaged Goods. For selling or offering for sale bankrupt, assigned or damaged stock or goods, wares or merchandise of whatever nature or kind. Additionally, a special permit must be obtained from the City Manager;
60. Barber shop;
61. Beauty shop, with or without sale of toilet articles or cosmetics;
62. Beer tavern;
63. Bicycle or motor-driven cycle shop, for the repair, rental or sale of bicycles, motor-driven cycles, or accessories;
64. Bottled water delivery;
65. Brickyard, where brick is manufactured or from which brick is sold;
66. Building supplies;
67. Building cleaners or janitorial services, for cleaning rooms or furnishings;
68. Carpet and rug cleaners, for cleaning carpets or rugs or related materials or surfaces;
69. Private clubs, such as tennis clubs, golf clubs, country clubs, where recreational sport or other facilities are provided for members and others;
70. Dairy, including wholesale and retail production and sale of milk and dairy products;
71. Department store;
72. Eating places, catering services, restaurants, lunch counters, and snack bars. For every eating place at which any dancing club, public dance or public dance hall is conducted in conjunction therewith, the license fees otherwise provided in this chapter shall be paid in addition to the license fees for said eating place;
73. Dime stores, or other retail stores operating under similar format;
74. Furniture stores selling or dealing in new or secondhand furniture or both. Additionally, a special permit must be obtained from the City Manager for secondhand sales;
75. Gasoline delivery tanks, including the business of carrying on or managing the business of buying, selling or dealing in petroleum products at wholesale;
76. Grocery stores and markets where meat, fish, poultry, egg and butter products and household goods and related products are sold;
77. Hardware store;
78. Manufacturing of retail or wholesale products;
79. Ice. Manufacturing, distributing or vending ice;
80. Investments and loan business;
81. Laundry, and other businesses for cleaning or pressing clothing and other materials;
82. Liquor store;
83. Locksmith, including conducting, carrying on or engaging in key or lock repair business or shop; providing that there first shall be procured from the City’s law enforcement agency and filed with the City a certificate that the applicant has been investigated and it has been determined that the issuance of such license will not prejudice the public peace, safety, morals or welfare;
84. Lumber business or lumberyard, either wholesale or retail;
85. Music dealer, including the sale or rental of music and musical instruments, and music instructions;
86. Nursery school for the care of children;
87. Packing house;
88. Camera shop, photography business; film processing and photography accessories;
89. Prefabricated buildings, including the sale of such buildings; where contracting also is done, a separate license fee for such contracting shall also be paid;
90. Rock, sand and gravel sales or delivery, including acceptance of orders for the sale of rock, sand or gravel which is removed from the premises by the purchaser;
91. Telegraph company for intrastate business, and telephone company;
92. Towel distributor, including distribution of towels, linens or napkins to businesses, houses or offices, either by local or out-of-town operators;
93. Commercial traveler;
94. Record, tape, phonograph, video cassettes, compact disc stores, and other related products including businesses engaged in the selling, renting or otherwise dealing in recorded music, music machines, musical equipment, and video equipment;
95. Woodyards, including businesses selling and/or delivering firewood. [Ord. 1001 § 5, 1995].
5.16.070 Skilled and professional categories.
1. Accountants;
2. Advertising agents (except outdoor advertising);
3. Appraisers;
4. Architects;
5. Artists;
6. Attorneys at law;
7. Bacteriologists;
8. Certified public accountants;
9. Chemists;
10. Chiropodists;
11. Chiropractors;
12. Collection agents/agencies;
13. Consulting engineers;
14. Reserved;
15. Credit raters;
16. Dentists;
17. Designers and illustrators;
18. Directory publishers;
19. Doctors of medicine;
20. Draftsmen;
21. Electrologists;
22. Employment agencies;
23. Engineers (civil, chemical, mechanical, structural or hydraulic);
24. Entomologists;
25. Escrow services;
26. Geologists;
27. Insurance brokers;
28. Laboratories;
29. Landscape architects;
30. Lapidaries;
31. Lithographers;
32. Masseurs or masseuses;
33. Optometrists;
34. Osteopathic physicians;
35. Personnel consultants;
36. Physicians;
37. Psychologists;
38. Real estate brokers;
39. Stock brokers/salespersons;
40. Surveyors;
41. Taxidermists;
42. Veterinarians;
43. Undertakers and mortuaries. [Ord. 1001 § 5, 1995].
5.16.080 Contractors categories.
The contractors classification includes general engineering contractors; general building contractors; boiler, hot water heating, steam fitting; cabinet and mill work; cement and concrete; electrical (general); electric signs; elevator installation; excavating, grading, trenching, paving and surfacing; fire protection engineering; flooring (wood); glazing; house and building moving; insulation; landscaping; lathing; masonry; ornamental metals; painting and decorating; plastering; plumbing; refrigeration; roofing; sewer, sewage disposal, drains and cement pipe laying; sheet metal; steel (reinforcing); steel (structural); structural pest control; tile (ceramic or mosaic); warm air heating, ventilating, and air conditioning; welding; well drilling; classified specialists; and other businesses such as refuse collection, ambulance services and cable television companies. [Ord. 1001 § 5, 1995].
5.16.090 Rentals categories.
The rentals classification includes any residential rental units with one or more rooms, suites, apartment units, bungalow units, trailer spaces or houses within the City limits capable of being rented or leased.
“Commercial units” means one or more rooms, offices, suites, or units capable of being rented or leased. In addition, any building located in any area zoned for commercial, industrial or manufacturing occupancy having a total of over 5,000 square feet of floor space capable of being rented or leased shall be considered to be commercial space.
Prior to the issuance of any license, a building occupancy inspection shall be conducted on all commercial property for the purpose of safeguarding the health and safety of the public interest. [Ord. 1001 § 5, 1995].
5.16.095 Storage units.
Storage units shall be storage buildings, mini-storage units and open air storage facilities. [Ord. 1001 § 5, 1995].
5.16.100 Vending machines.
Applicant for the business of vending machines shall be based on gross receipts.
A. For every person whose business is limited exclusively to renting, leasing, operating or letting the use of any coin-operated vending machine or device, the annual tax on business done exclusively within the City shall be set by resolution.
B. Sealing of Nonidentified or Unlicensed Machines. The License Collector may seal the coin openings or slots in a manner which will render inoperative the coin devices on any machine or device not otherwise exempted by the provisions of this chapter which is found available to the public for operation and which does not have stamped or affixed thereon the required identification or for which the proper license tax has not been paid; in lieu thereof, he may seize and hold any such machine for the payment of such license tax. A service charge as set by resolution shall be paid to the City by the owner or operator of any such machine or device so sealed for the removal of such seals. No person shall operate any machine or device so sealed without first submitting evidence to the City that payment of the required license tax and service charge prescribed as set by resolution has been made and until the required identification has been stamped upon or affixed to the machine or device and the License Collector has removed such seals. It is unlawful for any person other than the City to break or remove any such seals. Upon receipt of evidence of the payment of the tax and service charge and, when applicable, evidence of other required compliance by the owner or operator of any machine or device so sealed, the City shall break and remove such seals. In the event of seizure, any such machines shall be disposed of upon nonpayment of such tax as provided by the laws relative thereto. Such machines may be reclaimed by the owners, prior to disposal, upon payment of taxes and all costs involved in the seizure, storage and handling thereof.
C. The owner of the business wherein the machine or device indicated herein is located shall be held responsible for the full amount of the tax if the owner of the machine or device has not paid the tax when due and payable.
D. At the time the license required by this section is applied for, the applicant, in addition to other application requirements of this chapter, shall give the kind or character of the machine or device, business name and street address, and number of machines at each proposed location.
E. No person shall maintain any vending machine or device within the City without having posted thereon, in a conspicuous place, a decal or label for identification purposes, on which is written the name, address and telephone number of the owner or operator thereof.
F. No business license tax or identification shall be required for the maintenance or operation of:
1. Any machine dispensing sanitary or hygienic articles, or drinking cups, towels or medicine, which machine is entirely owned and supplied by the owner or operator of the premises where installed and is maintained solely for the convenience of the employees, visitors or customers;
2. Any machine or device dispensing free magazines or flyers;
3. Any U.S. postage stamp machine;
4. Any change machine.
G. In the event any person discontinues maintaining any machine or device duly licensed under this chapter during a period when such machine or device is licensed for an unexpired period, such licensee may substitute another like machine or device in its place and may maintain such substituted machine or device without payment of an additional license tax for the unexpired period of the license carried on such discontinued machine or device; provided, that such person shall surrender the City-provided identifying decal, metal-cal or label, whichever the case may be, to the City and obtain a new identifying decal, metal-cal or label for such unexpired period for such substituted machine or device.
H. All vending machines and mechanical devices referred to in this chapter shall be operated in accordance with the laws of the State.
I. Nothing contained in this chapter nor any action of the License Collector or any duly authorized agent in issuing a license shall in any manner be considered as expressing any opinion or approval as to the legality of any machine or device and shall be no authority to operate any machines or devices as set forth in this section which may be illegal or illegally operated under the laws of this State. [Ord. 1001 § 5, 1995].
5.16.110 Miscellaneous categories.
The miscellaneous classification includes such businesses operating exclusively with a vehicle for advertising, delivering or selling goods, wares, merchandise or services, and such other designated businesses, and includes, by way of example, the following:
A. Advertising;
B. Carnival, circus, rodeo or exhibitions;
C. Swap meets;
D. Arcades;
E. Game machines;
F. Merry-go-rounds;
G. Shooting galleries;
H. Medicine shows;
I. Pawnshops or secondhand dealers;
J. Wrecking yards, junk dealers or junk collectors;
K. Bowling alleys;
L. Billiard halls or pool halls;
M. Tattoo artists/parlors;
N. Masseurs, masseuses and massage parlors. [Ord. 1001 § 5, 1995].
5.16.120 Advertising.
A. Advertising by billboards includes every person erecting, installing, or maintaining billboards or operating any other advertising sign, sign device, design or statuary erected to attract the attention of the public and visible from any street or other public place; provided, however, that advertising by billboards shall not include signs affixed to the building or on the directional signs, which sign or signs refer only to such licensed business, or to “for sale” or “for rent” signs on real estate.
B. Advertising by distributing handbills includes every person operating the business of distributing handbills, samples, dodgers, circulars, booklets, or other notices of advertisements. No additional fee shall be required for employees or agents of such licensees; provided, said employees or agents carry upon their person at all times while engaged in the business an identification card furnished by the licensee.
C. Advertising by searchlight includes carrying on the business of advertising by means of a searchlight, stereoscope, biograph, moving picture or any similar device; provided, that nothing contained in this section shall be construed to affect or apply to any person who shall be liable for and shall pay the license under any provisions of Chapters 5.04 through 5.32 LEMC and who shall use a stereotype, biograph or moving picture or any similar device for the purpose of advertising goods, wares or merchandise of the business of said person only. [Ord. 1001 § 5, 1995].
5.16.130 Swap meets.
Every person carrying on a business of a swap meet, at a specified location or premises, and whether on one or more lots, the exchange, barter, sale, trade or purchase of personal property by or among persons not otherwise licensed to do business within the City shall first obtain a license so to do. [Ord. 1001 § 5, 1995].
5.16.140 Pawnshops and secondhand dealers.
All establishments operating as pawnshops and/or secondhand dealers and/or operating as pawnbrokers and/or businesses which loan money on pledged tangible personal property shall pay a business license fee as set by resolution. Such license shall not be issued until and unless the applicant presents a certificate of clearance from the Chief Law Enforcement Officer and the Department of Justice certifying that the business conforms in all respects with the laws and regulations of the City and the State of California. [Ord. 1001 § 5, 1995].
5.16.150 Tattoo artist/parlor.
Every person carrying on the business of a tattoo artist/parlor shall pay a business license tax as set by resolution. [Ord. 1001 § 5, 1995].