Chapter 4.02
GENERAL PROVISIONS
Sections:
4.02.015 Organization of title.
4.02.025 Definitions – “Employee permit.”
4.02.030 Definitions – “Fixed location.”
4.02.035 Definitions – “General business license.”
4.02.040 Definitions – “Person.”
4.02.045 Definitions – “Convicted.”
4.02.050 Definitions – “Special business license.”
4.02.055 Definitions – City officers.
4.02.070 Transferability – Partial change in ownership – Special business license.
4.02.075 Transferability – Partial change in ownership – General business license.
4.02.076 Transferability – Partial change in function – General business license.
4.02.105 Enforcement – Inspections.
4.02.115 Standard for appeals.
4.02.010 Purposes.
The purposes of this title are to regulate businesses and other enterprises within the city in order to ensure compliance with city ordinances and state laws, protect the public, prevent disturbances of neighborhoods and nuisances, and otherwise protect the health, safety and welfare. [Ord. 45-2004 § 2].
4.02.015 Organization of title.
The provisions of this title are organized as follows:
A. This chapter contains introductory and master provisions governing the application of the balance of the chapters in this title.
B. Chapter 4.06 RCMC establishes, defines the applicability of, and prescribes procedures and the basis for issuance, denial, renewal and revocation of the general business license.
C. Chapter 4.10 RCMC establishes, defines the applicability of, and prescribes procedures and the basis for issuance, denial, renewal and revocation of the special business license and employee permits.
D. Chapters 4.14 through 4.50 RCMC establish special procedural and substantive regulations applicable to specified enterprises required to obtain a special business license and personnel thereof required to obtain employee permits.
E. Chapter 4.54 RCMC contains regulations and prohibitions applicable to specified enterprises which are not required to obtain a special business license, and may or may not be required to obtain a general business license.
F. Chapter 4.58 RCMC establishes special competency requirements for plumbers and requires special business licenses entitled a “certificate of competency” for plumbers and a “registration certificate” for plumbing trainees. [Ord. 45-2004 § 2].
4.02.020 Definitions.
Unless the context indicates otherwise, the definitions of terms contained in RCMC 4.02.025 through 4.02.050 shall govern the meaning of those terms as used in this title. [Ord. 45-2004 § 2].
4.02.025 Definitions – “Employee permit.”
“Employee permit” shall mean a permit issued by the Rancho Cordova police department to certain personnel retained as employees, independent contractors or otherwise to perform specified duties or functions by particular types of enterprises required by Chapters 4.10 through 4.50 RCMC to possess a special business license for the purpose of ensuring protection of the public health, safety or welfare. [Ord. 45-2004 § 2].
4.02.030 Definitions – “Fixed location.”
“Fixed location” shall mean a particular place where an enterprise is either regularly conducted or kept open, or is conducted or kept open on four or more days during any consecutive 30-day period. An enterprise operated from a residence shall be deemed to be conducted at a fixed location. [Ord. 45-2004 § 2].
4.02.035 Definitions – “General business license.”
“General business license” shall mean a license issued by the finance director and required pursuant to the provisions of Chapter 4.06 RCMC in order to ensure compliance with specified ordinances, prevent disturbances of neighborhoods and nuisances, and prevent safety hazards. [Ord. 45-2004 § 2].
4.02.040 Definitions – “Person.”
“Person” shall mean a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual or entity carrying on an enterprise for which a permit or license must first be procured, and shall include any officer, employee, agent or other representative by or through whom the enterprise is operated or conducted, and charitable, philanthropic and other nonprofit entities and enterprises as well as those which are for profit. “Person” shall not include a public agency or any officer, employee or agent thereof while acting in the capacity as such. [Ord. 45-2004 § 2].
4.02.045 Definitions – “Convicted.”
“Convicted” or “conviction” in relation to the outcome of criminal charges shall include a plea of nolo contendere. [Ord. 45-2004 § 2].
4.02.050 Definitions – “Special business license.”
“Special business license” shall mean a license issued by the chief of police or other designated city official and required pursuant to the provisions of Chapters 4.10 through 4.50 RCMC for specified types of businesses which are potentially injurious to the public interest, are not regulated by the state in such a manner as to preempt local regulation, and which the health, safety and welfare of the community demand be operated by responsible persons in compliance with all laws, including any special regulations applicable to such businesses. [Ord. 45-2004 § 2].
4.02.055 Definitions – City officers.
Whenever reference in this title is made to the city council or any department, office, division, officer or official, the reference shall be deemed to be to, respectively, the city council, or a department, office, division, officer or official of the city.
Whenever in this title an authority or power is vested in or a duty is imposed upon an officer or official, a city employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty. [Ord. 45-2004 § 2].
4.02.060 License fees.
The city council of the city of Rancho Cordova may, by resolution and from time to time, prescribe fees for the issuance and renewal of solicitation permits, general business licenses, special business licenses and employee permits, and fees for the filing of appeals relating to denial for such permits or licenses or the revocation thereof.
Such fees shall be for the sole purpose of defraying costs incurred in the administration of this title, and shall be prescribed in amounts yielding revenues which do not exceed the costs of administration by each office and department charged with responsibility under this title. To the extent the council determines to be practical, such fees may be varied in amounts for different types of permits or licenses, types of businesses, issuance and renewal, added costs for processing late renewals, and on the basis of other factors, for the sole purpose of apportioning relative regulatory costs to parties regulated. The finance director shall review the fees not less than once every three years to assure they adequately recover the costs of administering the license program.
Fees related to the costs which a department incurs in reviewing and acting upon a particular type of application for a license or permit may be made payable within a general fee chargeable by the finance director, or may be charged individually by the department reviewing and acting upon the application as a condition precedent to processing of the approval required from that department.
All fees for the issuance and renewal of permits and licenses shall be paid at the time of and with the filing of the application with the finance director or pursuant to a request for approval by a department charged with the responsibility of reviewing the application. All fees for an appeal shall be paid at the time of and with the filing of the appeal. No application or request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid. [Ord. 8-2011 § 2; Ord. 45-2004 § 2].
4.02.065 Transferability.
Neither a solicitations permit, general business license nor special business license shall be transferable or assignable from one person to another.
Each such license shall terminate and be deemed to have no further force or effect upon: (A) a transfer from one person to another of the whole ownership of the business or enterprise; or (B) a change of the whole function or operation for which the permit or license has been issued.
During the term of a general business license or a special business license, the holder shall file in writing with the finance director notice of: (A) the transfer from one person to another of the whole ownership of the business or enterprise; or (B) a change of the whole function or operation for which the permit or license has been issued. [Ord. 45-2004 § 2].
4.02.070 Transferability – Partial change in ownership – Special business license.
A. During the term of a special business license the holder of the permit or license shall file in writing with the Rancho Cordova police department notice of each:
1. Addition or deletion of a general or limited partner, when the holder is a partnership;
2. Addition or deletion of a joint venturer, when the holder is a joint venture;
3. Transfer of more than one-half of one percent of the voting shares of stock, when the holder is a commercial corporation;
4. Change of directors, when the holder is either a commercial or nonprofit corporation;
5. Change of membership in management committee composed of persons holding ownership interests, when the holder is a partnership or joint venture;
6. Change in membership of a governing body or other board or committee to which management is entrusted, when the holder is an unincorporated association; and
7. Change in president or general manager, vice president or chief assistant manager, secretary and treasurer, or any officer with equivalent or similar authority.
The holder of a license or permit shall provide in writing such detailed information respecting any such change as the chief of police may require.
B. A termination of a special business license shall be deemed to have occurred whenever the chief of police determines that effective management or control of the holder has been transferred in significant part to a person whose character or business responsibility was not reviewed at the time the license was issued, and when written notice of the chief of police’s determination and of termination of the license is served on the holder. The effective date of termination shall be 15 days following the date of service of the notice of termination; provided, that in the event an appeal from termination is filed within the time and in the manner prescribed, termination shall occur on the date on which the appeal is finally determined. [Ord. 45-2004 § 2].
4.02.075 Transferability – Partial change in ownership – General business license.
During the term of a general business license the holder shall file in writing with the finance director notice of each: (A) addition or deletion of a general partner, when the holder is a partnership; (B) addition or deletion of a joint venturer, when the holder is a joint venture; and (C) transfer of more than 10 percent of the voting shares of stock, when the holder is a commercial corporation.
A termination of the license shall be deemed to have occurred whenever the finance director determines that a change in ownership has occurred in significant part to another person and when written notice of the determination and of termination is served upon the holder. The effective date of termination shall be 15 days following the date of service of the notice of termination; provided, that in the event an appeal from termination is filed within the time and in the manner prescribed, termination shall occur on the date on which the appeal is finally determined. [Ord. 45-2004 § 2].
4.02.076 Transferability – Partial change in function – General business license.
During the term of a general business license the holder of the permit or license shall file in writing with the finance director notice of any change in the business function, operation, or enterprise for which the permit or license has been issued. The holder shall provide in writing such detailed information relating to any alteration in the business function, operation, or enterprise as the finance director may require.
A termination of the license shall be deemed to have occurred when the finance director determines that any such change materially alters the business function, operation, or enterprise for which the license has been issued in a manner which requires a new investigation of the applicability of or compliance with the laws enforced through the license, and when written notice of the determination and of termination is served upon the holder.
The effective date of termination shall be 15 days following the date of service of notice of termination; provided, that in the event an appeal from termination is filed within the time and in the manner prescribed, termination shall occur on the date on which the appeal is finally determined. [Ord. 45-2004 § 2].
4.02.080 Term.
General business licenses shall expire when the person to whom the license is issued ceases operations authorized thereby. The term of a general business license shall be one year from the date of issuance. Licenses previously issued under prior provisions of this section prescribing another length of term shall expire upon the expiration of such term and shall then be reissued upon qualification for a one-year term.
Special business licenses and employee permits shall expire when the person to whom the license is issued ceases operations authorized thereby or upon expiration of its term. The term of a general business license, special business license and an employee permit shall be one year from the date of issuance. [Ord. 45-2004 § 2].
4.02.085 Administration.
Except as otherwise provided, the finance director is charged with the responsibility of administering general business licenses, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he or she deems necessary to implement such purposes, intent and express terms.
Except as otherwise provided, the Rancho Cordova police department is charged with the responsibility of administering special business licenses, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and express terms of this title as it deems necessary to implement such purposes, intent and express terms. No rules or regulations promulgated by the finance director or city police department, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the proposed rules or regulations are filed with the city clerk. [Ord. 45-2004 § 2].
4.02.090 Notices.
Any notice or other writing authorized or required by this title shall be deemed served and effective for all purposes on the date when it is reduced to writing and is either personally delivered to the party to whom it is directed or is deposited in the United States Mail, postage prepaid, and addressed to the party to whom it is directed. When under the provisions of this title any notice or other writing is authorized or required to be filed, it shall not be deemed to have been filed until it is received in the office of the official with whom filing is required.
Whenever a provision in this title requires a public hearing to be conducted, notice of the time, date, place and purpose of the hearing shall be published at least once not later than 10 calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation which is published within the city. The same type of notice shall also be served on each licensee whose license would be affected by the action taken at the conclusion of the hearing. [Ord. 45-2004 § 2].
4.02.095 Hearing authority.
A. Whenever the term “hearing authority” is utilized in this title, it shall be deemed to refer to a person assigned the responsibility of conducting a hearing by the city council or city manager. The city council or city manager shall be authorized to assign hearing responsibilities from time to time to either:
1. City management personnel whom the city council or city manager finds are qualified by training and experience to conduct such hearings;
2. Any attorney whom the city may employ for the purpose of conducting administrative hearings;
3. Attorneys engaged in practice within the Sacramento community who are retained by contract to conduct such hearings; or
4. Administrative law judges assigned to the State of California Office of Administrative Hearings.
B. The city council or city manager is hereby authorized to contract in the name of the city for the retention of hearing services either by attorneys engaged in private practice or the office of administrative hearings at rates which do not exceed those payable by the city for the legal defense of tort liability claims within financial limitations established by the city’s annual budget. [Ord. 45-2004 § 2].
4.02.100 Violations.
A. Violation of any provision of this title or any order of a hearing officer issued pursuant to this title constitutes a public nuisance and shall be subject to an administrative citation and fine as provided for in RCMC 16.18.205(F).
B. Additional Amounts. Administrative costs, interest, late payment charges, costs of compliance regarding inspections, and collection costs are in addition to the fine as set forth in RCMC 16.18.205(F).
C. Each day that an individual commits a violation of this title shall constitute a separate violation.
D. Notwithstanding this section, violations of any of the provisions of this title may also be remedied by injunction or other civil proceedings commenced in the name of the city by the city attorney pursuant to direction by the city council.
E. The foregoing provisions are cumulative and in addition to any other remedies or penalties authorized or imposed under any other provision of this code or other applicable law or regulation. [Ord. 6-2010 § 4; Ord. 13-2009 § 1; Ord. 38-2007 § 1 (Exh 1(C)); Ord. 45-2004 § 2].
4.02.105 Enforcement – Inspections.
A. The finance director, the chief of police, planning director and the neighborhood services manager are responsible for enforcing the provisions of this title, and to that end may inspect any and all types or classes of businesses which are licensed and regulated by the city pursuant to this title. The finance director, chief of police, planning director, neighborhood services manager and their deputies or subordinate personnel may enter any place of business which is subject to the provisions of this title for the purpose of inspection for compliance with this title.
B. The finance director and police department may, during the term of a license, require the licensee to complete a license information update form for the purpose of ensuring continued compliance with this title. The licensee shall, within 15 calendar days of the date of mailing of such an information form, return the completed form to the finance director or to the police department, whichever officer has requested the information update form. [Ord. 13-2009 § 2; Ord. 45-2004 § 2].
4.02.110 Laws not enforced.
There are many ordinances and other laws applicable to enterprises licensed under Chapters 4.06 through 4.50 RCMC which are not sought to be enforced under that licensing process. Such laws include, but are not limited to, building, fire, electrical and other codes, regulations contained in Chapter 4.54 RCMC, and noise control, sewage disposal and other health measures. It has been determined that the administrative costs of enforcing such laws would result in fee levels which are so high as to exceed the benefits produced by such enforcement.
Neither the issuance of a general business license nor a special business license shall be deemed to constitute a representation that the enterprise so licensed or the premises upon which it is situated complies with such ordinances or other laws. Nor shall the existence of such an unrevoked license be deemed to preclude any criminal or civil remedy for violation of such ordinances or laws, including, but not limited to, the closure of the enterprise if otherwise warranted under remedies sought to be invoked. The possession of either a general business license or special business license shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute. [Ord. 45-2004 § 2].
4.02.115 Standard for appeals.
On any appeal conducted by a hearing authority or the city council relating to the issuance, denial, suspension, or revocation of a general business license, special business license, employee permit or other appellate hearing authorized by this title, the hearing authority and city council shall be bound by any and all mandates, proscriptions and factors prescribed for the exercise of original discretion by the officer from whose determination the appeal is taken. [Ord. 45-2004 § 2].