Chapter 4.06 GENERAL BUSINESS LICENSES

A. Various city ordinances and state laws administered and enforced by city officials regulate the location, construction, improvements in, off-street parking for and other aspects of business-associated enterprises with fixed locations for the purpose of protecting members of the public against building, safety and other hazards, adverse environmental impacts, risks to health, nuisances, such as disturbing the peace and quiet of neighborhoods or occupants of adjacent property as a result of the generation of dust, noise, traffic, odor, glare, vibration or other disturbances, risks of fire and other dangers, and other threats to the public peace, health, safety and welfare.

B. Certain of these ordinances (those referenced by this chapter) will be more effectively and efficiently enforced, with lower expense, if a licensing process providing for evaluation, analysis and application of the ordinances is implemented. The enterprises described by RCMC 4.06.010 through 4.06.050 have been exempted from the licensing requirements of this chapter on the basis of factors which include the following:

1. Past ordinance enforcement experience has demonstrated that the enterprises do not tend to locate or operate in such a manner as to violate the ordinances which this chapter is intended to enforce; or

2. Past ordinance enforcement experience has demonstrated that the enterprises do not by virtue of their location or operation cause nuisances by disturbing the peace and quiet of neighborhoods or occupants of adjacent property as a result of the generation of dust, noise, odor, glare or vibration.

C. The purpose of this chapter is to license enterprises in order to promote improved enforcement of ordinances, at lower public cost, with a higher level of protection of the public, and with reduced risk that well-intentioned operators are prejudiced by the unexpected enforcement of regulations at a time when compliance is least convenient. [Ord. 45-2004 § 3].

4.06.005 License required.

Except as provided by RCMC 4.06.010 through 4.06.050, no person shall operate or conduct at a fixed location within the city a manufacturing, fabricating, processing, assembly or repair; wholesaling or storage; lodging; entertainment; service; retailing; educational; hospital or other medical care; or business or professional office enterprise; home occupation; or a facility to which members of the general public are invited; or adult uses as defined and regulated by the zoning code of the city of Rancho Cordova; unless under and by authority of a valid, unexpired and unrevoked general business license issued pursuant to the provisions of this chapter authorizing the enterprise. It is intended by this chapter to license, unless expressly exempted, every enterprise operated at a fixed location which is of a type described by this section, whether the enterprise is operated for commercial, nonprofit, charitable or other purposes, and whether the enterprise is operated or conducted independently or in association with or at the same location as an enterprise or activity for which a license is not required.

Notwithstanding any other provision in this chapter to the contrary, a massage establishment or a mobile massage service, as such terms are defined in Chapter 4.33 RCMC, shall secure a general business license.

A person shall be deemed to operate or conduct an enterprise and violate this section if the person, without a required general business license in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the enterprise for which the license is required. [Ord. 9-2009 § 2; Ord. 45-2004 § 3].

4.06.006 Temporary concessions.

A. No person shall operate or conduct within the city a temporary concession, whether or not the temporary concession is conducted at a fixed location, unless under and by authority of a valid, unexpired and unrevoked general business license issued pursuant to the provisions of this chapter authorizing the concession at the location where it operates.

B. As used in this section, and except as hereinafter expressly provided, a “temporary concession” is any out-of-doors retail sales operation, whether conducted for an hour or less, a day, or longer, established for the purpose of selling flowers, produce, Christmas trees or greens, clothing, paintings or other artistic products, books or other written materials, or other goods from a table, stand, temporary sheltered enclosure, cart, motor vehicle or similar equipment. A “temporary concession” shall not be deemed to include:

1. The sale of Christmas trees or greens in connection with and on the same premises as a supermarket, hardware or home maintenance or repair store, or other established business, if a temporary structure and electrical wiring are not employed in connection with such sales;

2. So-called “garage sales” conducted for the purpose of marketing products formerly utilized in a home which have become surplus; provided, that such sales are conducted on the residential premises where the goods to be sold were utilized;

3. The sale from stands of fireworks preceding and in connection with the celebration of the Fourth of July;

4. The sale of agricultural products on the site where the product is grown; and

5. The sale or offering for sale or distribution from public sidewalks or pedestrian circulation areas of shopping centers or malls of products to pedestrians who are traversing such areas or patrons of retail stores.

C. The exemption of the above activities from the licensing requirement shall not be deemed to authorize any activity which is illegal under other laws or to exempt any such activities from other applicable laws, or to deprive the owner or occupant of private property of any otherwise applicable right to consent to such activity.

D. Notwithstanding the provisions of RCMC 4.02.085, the police department shall enforce the provisions of this section by citing and charging, pursuant to the provisions of RCMC 4.02.100, persons who violate this section. [Ord. 45-2004 § 3].

4.06.008 Definitions.

Unless the context dictates otherwise, the uses, activities and facilities described by RCMC 4.06.010 through 4.06.050 shall be ascribed those definitions for like uses, activities and facilities contained in the zoning code for the city of Rancho Cordova.

For the purpose of this chapter and determining the correct classification of an enterprise, an “office” is defined as an enterprise that is not operated in conjunction with the on-site storage of merchandise or equipment, or the on-site storage or parking of work-related vehicles, or the on-site delivery of merchandise to a customer. Examples of an office include, but are not limited to, locations utilized exclusively for the delivery of medical, legal, accounting, financial, architectural, engineering and other professional services; real estate, software design and consulting and other similar uses. [Ord. 45-2004 § 3].

4.06.010 Exemption.

A general business license shall not be required for, and the provisions of this chapter shall not be otherwise applicable to, those enterprises described by RCMC 4.06.015 through 4.06.050. [Ord. 45-2004 § 3].

4.06.015 Exemption – Financial institutions.

Banks, savings and loans, credit unions, loan and similar financial institutions, as defined in Section 17351 of the California Business and Professions Code, are exempt from a general business license; provided, that a check casher business shall be subject to the general business licensing requirement, and the term “check casher” is defined as found in Division 3, Part 4, Title 1.6F, Section 1789.31 of the California Civil Code, including, but not limited to, engaging in the business operation of “deferred deposits” as defined therein. [Ord. 45-2004 § 3].

4.06.040 Exemption – Churches.

Churches, to the extent of their use for worship, religious education or the social affairs of the religious group, are exempt from the provisions of this chapter. This exemption does not extend to other activities, which are not undertaken primarily for members of the religious group, including, but not limited to, day schools and social service programs. [Ord. 45-2004 § 3].

4.06.045 Exemption – Libraries.

Libraries, whether publicly or privately operated, are exempt from the requirements of this chapter. [Ord. 45-2004 § 3].

4.06.050 Exemption – Agriculture.

The following agricultural activities are exempt: agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce, and the marketing of farm products; provided, however, that a general business license shall be required in connection with any wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution. [Ord. 45-2004 § 3].

4.06.055 Home occupations.

Notwithstanding the provisions of RCMC 4.06.010 through 4.06.050, a general business license shall be required for any business, enterprise or activity described by said sections, which is operated or conducted as a home occupation. A general business license shall also be required for a family contractor’s business.

As used in this chapter, a “home occupation” shall mean and include any use as described in RCMC 4.06.005 conducted in, at or from a dwelling unit which is also utilized for residential purposes. The term “family contractor’s business” shall mean a business operated in, at or from a residence which employs only members of the resident’s family, and which may include the storage of contractor’s equipment or supplies at the residence of one of the family members engaged in the business. [Ord. 45-2004 § 3].

4.06.060 Regulations enforced.

The following city provisions shall be enforced pursuant to the administration of the general business license under the provisions of this chapter by the authorities indicated:

A. The planning director shall enforce the provisions of the Rancho Cordova Municipal Code, as said provisions may hereafter be amended, and the terms, conditions and requirements of rezoning ordinances and any and all contracts associated therewith, variances, conditional use permits and other legislative and administrative approvals issued pursuant to the zoning code.

B. The planning director shall enforce the provisions of Chapters 16.18, 16.20 and 16.22 RCMC. [Ord. 45-2004 § 3].

4.06.065 Number of licenses.

In instances where space within an office building, shopping center, warehouse, department store or other structure or property is leased for business or commercial use, each tenant of the premises operating an enterprise required to be licensed hereunder shall apply for and obtain a general business license; provided, that aggregations of identical businesses (such as, but not limited to, antique malls, craft fairs, barber and beauty salons, offices housing multiple independent agents such as insurance or real estate, or other similar enterprises) in one location will require only one general business license for the location.

When a particular enterprise has more than one fixed location or branch within the incorporated area, a separate general business license shall be required for each location or branch.

Certain types of persons required to obtain general business licenses hereunder are also required to obtain a special business license or other license or permit under this or other titles. The issuance of a special business license or other license or permit for an enterprise shall not be deemed to excuse the requirement that a general business license be obtained, and the provisions of this chapter are declared to be independently applicable to each enterprise to which the provisions of this chapter apply.

The provisions of this chapter shall also be deemed to be independently applicable to any enterprise required to be licensed hereunder which is also required by any state or other law to obtain a license, permit or certificate, unless specifically exempted.

Notwithstanding any other provision of this section, only one general business license for a massage establishment or mobile massage service, as such businesses are defined in Chapter 4.33 RCMC, shall be issued and in effect at any one time for any one business location. This one general business license shall be the only license that authorizes the offering or conduct of massage at, or from, the particular business location, as applicable. If the massage establishment or mobile massage service business has more than one fixed location or branch, each branch or location thereof shall have its own general business license for that particular location that authorizes the offering or conduct of massage at that branch or location. [Ord. 9-2009 § 2; Ord. 45-2004 § 3].

4.06.070 Application filing.

All applications and application fees for general business licenses shall be filed in the office of the finance director. [Ord. 45-2004 § 3].

4.06.075 Application contents.

The application for a general business license shall be in a form prescribed by the finance director, including the following information:

A. The name and address of the person who owns the enterprise for which application is made;

B. A complete description of all activities to be conducted, maintained and operated at the location for which the license is sought;

C. The address of the location for which the license is sought;

D. The number of employees reporting to and/or located at the business site. If the business is seasonal, the highest and lowest number of employees reporting to and/or located at the business site with the corresponding month or months of the year for each period;

E. The address for notice by the finance director and planning director, as required by this chapter;

F. Whether or not the applicant or enterprise holds a contractor’s license, as issued by the State of California Contractors State License Board and indicating the license number;

G. Such other and further information as is deemed necessary to enforce the laws described by RCMC 4.06.060 and administer the provisions of this chapter. [Ord. 45-2004 § 3].

4.06.080 Investigation.

The finance director shall refer the application for review by:

A. The planning director charged with enforcement of the laws identified by RCMC 4.06.060, to determine whether the enterprise complies with those laws identified by RCMC 4.06.060, and whether conditions should be attached to the issuance of the license. Inspection of the site shall be conducted as necessary to determine applicability, compliance with, or the adequacy of corrections or conditions necessary to achieve compliance with such laws;

B. The chief of police, if the enterprise requires a special business license. The finance director may review applications for renewal of home occupations and other designated enterprises and, if there are no changes to the location or activities from the original application, the finance director may issue the license. [Ord. 45-2004 § 3].

4.06.085 Issuance.

The finance director shall act upon an application by denying the application or issuing a license not later than 45 days after the date a complete application is validly filed excepting where RCMC 4.06.206 is applicable. The license shall automatically be granted and issued upon failure of the finance director to act upon an application within 45 days. An application is deemed complete and validly filed when the applicant files the application form with all information therein as provided in RCMC 4.06.075, and the application fee, with the finance director. The finance director shall act upon the application by issuing the license unless one or more of the following situations apply:

A. The finance director or planning director finds in writing that the applicant has failed to provide information as required by RCMC 4.06.075, and the finding cites the specific information and provision or provisions of RCMC 4.06.075 that is applicable; or

B. The planning director finds in writing that the enterprise is, or would be, operated or maintained in a manner, or is, or would be, located on grounds, or within a building, which violates or is in violation of the laws described by RCMC 4.06.060, and by operation of such laws, the termination of the enterprise or denial of the application is required. The findings shall specify the specific provision or provisions of law violated; or

C. With respect to an enterprise required by Chapter 4.10 RCMC to obtain a special business license, the special business license has not been issued; or

D. Pursuant to Section 16000, Subdivision (c), of the Business and Professions Code, when the applicant or enterprise holds a contractor’s license, as issued by the State of California Contractors State License Board, the finance director finds in writing that the applicant does not have a valid unexpired, unsuspended, unrevoked contractor’s license.

E. The finance director or planning director finds in writing that the use is a medical marijuana dispensary, or other use not permitted in the city.

A general business license issued under this chapter shall authorize the holder thereof to operate or conduct a business enterprise only on such property the address of which is stated on the license. In the event the licensee ceases to use the property for the business, activity or enterprise listed on the license for a period of 90 days, the license shall have no further force or effect and becomes void. [Ord. 16-2013 § 3; Ord. 15-2013 § 5; Ord. 38-2007 § 1 (Exh. 1(C)); Ord. 45-2004 § 3].

4.06.090 Conditions.

A. The purpose of conditions on a general business license is to ensure that the enterprise is maintained or operated in a manner that protects the public health and safety, and prevents the enterprise from disturbing the peace and tranquility of the neighborhood in which it is located.

B. Conditions may be recommended by the planning director upon findings in writing that:

1. The enterprise or its patrons are the cause of repeated nuisance activity or activities that disturb the peace and tranquility of the neighborhood where the enterprise is located; or the enterprise or its patrons are the cause of a safety hazard or hazards to the public within the building, buildings, or premises of the enterprise, or neighborhood where the enterprise is located. Such written findings shall specify the particular nuisance disturbance or safety hazard for which the condition is imposed. Such nuisances or safety hazards may include, but are not limited to, illegal parking, loud noises (particularly late at night or early morning hours), traffic violations, curfew violations, lewd conduct, police detentions, police arrests, excessive smoke, excessive fumes, excessive dust, excessive vibration, obnoxious odors, excessive glare, loitering, cruising, graffiti, excessive littering, traffic hazards, inadequate parking, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination or defecation, theft, burglary, robbery, assaults, batteries, disturbances of the peace, and acts of vandalism.

As used in this subsection, “loitering” shall mean remaining on any property under such circumstances that a reasonable person would conclude that the person who remains on the property does not have a purpose connected with the usual and ordinary use to which such property is put, does not have bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyances; and

2. The condition imposed is the least detrimental to the maintenance or operation of the enterprise and is necessary in order to abate or substantially minimize such disturbance or safety hazard.

C. Factors that shall be considered by the planning director in imposing conditions are the nature of the locality and its surroundings; the number of people living, working, or in the immediate vicinity of the business; whether the nuisance disturbance or safety hazard is continual or occasional and the time of day of the occurrence thereof; and the nature and extent of the injury caused by the nuisance or disturbance or safety hazard upon persons residing, working, or in the surrounding neighborhood of the enterprise or upon patrons of the enterprise. Conditions may be imposed only where the nuisance disturbance or safety hazard is caused by the conduct, maintenance or operation of the enterprise, or by the patrons thereof, and is of substantial injury to a substantial number of persons within or without the enterprise, or residing, working, or in the surrounding neighborhood of the enterprise, or to patrons of the enterprise.

D. Conditions that may be imposed are:

1. Limitation of hours or days of operation of maintenance of the enterprise during which the repeated nuisance disturbance or safety hazard, or both, occurs;

2. The provisions of adequate off-street parking;

3. The installation of on-site improvements;

4. The use of protective fences or gates in the interior or exterior of the enterprise, or both;

5. The requirement of exterior or interior lighting, or both;

6. The requirement of uniformed, licensed or other qualified security personnel, inside or outside the building or buildings, or on the premises, where the enterprise is located; or both (the term “premises” includes areas such as, but not limited to, a parking lot, walkway, patio area, grounds, or storage area);

7. The requirement of interior or exterior signage on the building or premises where the enterprise is located, or both, to warn patrons or persons in the particular location of a repeated nuisance disturbance or safety hazard (the term “premises” includes areas such as, but not limited to, a parking lot, walkway, patio area, grounds, or storage area);

8. The requirement of an on-site manager;

9. Prohibition of games machines and pool tables;

10. Prohibition of the use of a public telephone by patrons within the building of the enterprise or on the premises of the particular location (the term “premises” includes areas such as, but not limited to, a parking lot, walkway, patio area, grounds or storage area);

11. Prohibition of the sale or furnishing of a small quantity of ice cubes or cups;

12. Prohibition of the sale or furnishing of corkscrews or can openers;

13. A requirement that the parking area, buildings, or other locations on the premises wherever the enterprise is located be posted to prohibit consumption of alcoholic beverages (the term “premises” includes areas such as, but not limited to, a parking lot, walkway, patio area, grounds, or storage area);

14. Other conditions related to conduct, operations, maintenance, or improvements of the enterprise demonstrated under the particular circumstances to be necessary in order to prevent or substantially eliminate any repeated nuisance disturbance or safety hazard enumerated in subsection (B)(1) of this section; provided, however, that such condition shall be unrelated to the content of protected expressions of speech.

E. Conditions may be imposed at the time a general business license is initially issued, upon renewal of the license, or at any time during the term of the license.

Upon receipt by the finance director of written recommendations making the above findings from the planning director, imposing conditions on the general business license pursuant to this section, RCMC 4.06.091 and 4.06.095, as applicable, the finance director may issue the general business license showing on its face the conditions. [Ord. 45-2004 § 3].

4.06.091 Supplementary conditions.

A. Upon recommendation by the planning director as to those businesses defined by city of Rancho Cordova zoning code Sections 130-03.5, 130-03.6 and 130-03.7 or their successor sections, as such may be amended from time to time, the finance director may, in addition to those conditions specified in RCMC 4.06.090, impose the following conditions:

1. A prohibition of private or semi-private viewing rooms or other private areas available to nonemployees within the facility;

2. A requirement that the interior of the operation cannot be visible from the outside of the building;

3. A requirement that all outside advertising and displays comply with Chapter 9.98 RCMC;

4. A requirement that the applicant or holder fund any additional law enforcement services required as a result of the operation of the business; or

5. Other conditions which may be required as a result of a proposed or existing operation; provided, however, that such conditions be unrelated to the content of protected expressions of speech.

B. Conditions imposed pursuant to this section shall be imposed in the same manner as those imposed pursuant to RCMC 4.06.090. [Ord. 45-2004 § 3].

4.06.095 Procedure for imposition.

Any condition imposed pursuant to the provisions of RCMC 4.06.090 or 4.06.091 shall be embodied, together with the findings required in RCMC 4.06.090, in the general business license, which is served by the finance director upon the applicant or holder.

The conditions shall become effective 15 days following the date of service of the notice thereof; except that in the event an administrative appeal therefrom is filed within the time and in the manner prescribed in this chapter, the conditions shall not become effective until the administrative appeal is final as determined by RCMC 4.06.220 or 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable. [Ord. 45-2004 § 3].

4.06.100 Contents of licenses.

The general business license shall include but not be limited to the name of the holder of the license, a complete description of the enterprise for which it is issued, the date of issuance and date of expiration, the address of the place of business authorized by the license where the enterprise is conducted, and a description of any and all conditions upon which the license has been issued. The license shall be conspicuously posted by the licensee at the place of business in full public view. [Ord. 45-2004 § 3].

4.06.105 Application for renewal.

Not later than 45 days prior to expiration of the term of a general business license, the finance director shall transmit to the licensee by mail an application for renewal. The application for renewal shall be on a form issued by the finance director, and shall include the following information:

A. A description of any change in the type of business or enterprise functions conducted on the premises since the last license was issued as provided in RCMC 4.02.076, or indication of no change;

B. The information as indicated in RCMC 4.06.075(A) through (G);

C. Any change in ownership as provided in RCMC 4.02.075, with the name and address of such new owner, or indication that there is no such change;

D. The licensee’s address for notice where notice is required to the licensee pursuant to this chapter if such address has changed, or an indication that there is no such change.

The licensee shall complete the application for renewal and file the same with the finance director not later than the date of expiration of the immediately preceding license. [Ord. 45-2004 § 3].

4.06.106 Added processing fee for late renewal.

An application for renewal of a general business license will be deemed received late and subject to added processing fees if the complete application, including all fees, is not received by the finance director not later than the date of expiration of the immediately preceding license. The amount of the added processing fee will be set by resolution of the city council and becomes part of the renewal application fee after the date of the expiration of the preceding license has passed.

As of the effective date of the ordinance codified in this chapter, and until amended by city council resolution, a $20.00 processing fee shall be charged by the finance director for the late renewal of a general business license. [Ord. 45-2004 § 3].

4.06.110 Processing and issuance – Renewal.

A. An application for renewal shall be investigated and processed in the manner prescribed by RCMC 4.06.080. The finance director shall act upon the application for renewal by issuing the license or denying the application not later than 30 days after the date a complete valid application is filed. The license shall automatically be granted and issued upon failure of the finance director to act upon the license within such 30 days. An application for renewal is deemed complete and validly filed when the licensee files the application form, with all information therein as provided in RCMC 4.06.105, and the application renewal fees, with the finance director. The finance director shall act upon the license renewal application within such 30 days unless the applicant has filed with the finance director, before expiration of the 30 days, written notice of a request for extension of such 30-day period on grounds that additional time is required by the applicant to prepare and present plans or other information, obtain zoning variances or other permits, remodel the premises or make other corrections necessary to comply with the laws described by RCMC 4.06.060 or to correct nuisance disturbances or safety hazards described in RCMC 4.06.090(B)(1). The finance director may, at his or her discretion pursuant to such a written request, extend the time within which action is required by the finance director on the application to such a period as the finance director agrees in writing is reasonable and appropriate to accomplish the corrections. The finance director shall act upon the application for renewal within the 30-day period, or the extended period of time, as applicable, by issuing the renewed license unless:

1. A finding in writing is made that one or more of the conditions identified in RCMC 4.06.085(A), (B), (C) or (D) pertain; or

2. The finance director or planning director find in writing that the applicant has failed to provide specific information as required by RCMC 4.06.105, and the finding cites the specific information and provision or provisions of RCMC 4.06.105 that is required; or

3. The finance director or planning director finds in writing that one or more conditions applicable to the preceding license at the same location have been violated, if pursuant to provisions of RCMC 4.06.090 or 4.06.091, or both, it is determined that such conditions shall also be applicable to the renewed license.

B. With respect to any application for renewal which is filed on or before the date of expiration of the immediately preceding license, the finance director shall extend the term of the immediately preceding license, without charge, during the period of any investigation required in order to determine whether the license should be renewed. [Ord. 45-2004 § 3].

4.06.115 Undetected violations.

Under RCMC 4.06.085 and 4.06.110 the finance director is required to issue new and renewed general business licenses in the absence of affirmation by various officers identifying deficiencies or violations of laws to be enforced. Such action is required within limited time periods in order to promote expeditious processing of applications and reduce damaging delays to applicants in awaiting administrative determinations.

The mandates of RCMC 4.06.085 and 4.06.110 may result in the issuance of general business licenses notwithstanding the existence of violations of the laws sought to be enforced.

Therefore, neither the issuance nor receipt of a general business license shall constitute evidence of compliance with the laws described by RCMC 4.06.060, or a representation or assurance to the recipient upon which reliance is authorized or intended by the city that the enterprise for which the license is issued or the property or premises upon or in which it is housed complies with such laws, or, as required pursuant to Section 16000 of the Business and Professions Code, evidence of compliance with the licensing provisions of contractors, as contractors are defined in Division 3, Chapter 9, Article 2, Section 7026, or valid licensure by the Contractors State License Board. [Ord. 38-2007 § 1 (Exh. 1(C)); Ord. 45-2004 § 3].

Article II. Denial and Revocation

4.06.200 Grounds for denial.

The finance director may deny an application or renewal application of a general business license if written findings described by RCMC 4.06.085(A), (B), (C) or (D), or RCMC 4.06.110(A), (B) or (C), as applicable, are made or the applicant fails to provide the information as required by RCMC 4.06.085 or 4.06.105, as applicable. [Ord. 45-2004 § 3].

4.06.205 Method of denial.

A denial of an application or renewal application for a general business license by the finance director shall be in writing, with the reasons stated therefor as indicated in the findings required by RCMC 4.06.085 or 4.06.110, as applicable. Written notice of the denial, together with a copy of the provisions of this chapter, shall be served upon the applicant pursuant to the provisions of RCMC 4.02.090.

Denial of an application or renewal application for a general business license shall relate solely to the location at which the enterprise is proposed, and shall not affect the conduct of such enterprise at another location within the city.

With respect to denial of a renewal application or termination pursuant to RCMC 4.02.075, the immediately preceding general business license shall be deemed to be in full force and effect for a period of 15 days following the date of service upon the applicant of the notice of denial or of termination. In the event the applicant files an administrative appeal from the denial of the renewal application or termination in the manner and within the time prescribed by RCMC 4.06.210, the immediately preceding general business license shall continue in full force and effect until the administrative appeal is final as determined by RCMC 4.06.220 or 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.

With respect to the denial of a new application for a general business license, the denial shall be effective 15 days following the date of service of the notice of denial on the applicant as required by this section. [Ord. 45-2004 § 3].

4.06.206 Request for extension.

The denial of an application or renewal application for a general business license may be set aside by the finance director if the applicant has filed with the finance director a timely written request for extension of time on grounds that additional time is required to prepare and present plans or other information, obtain zoning variances or other permits, remodel the premises or make other corrections for the purpose of remedying violations of the laws described by RCMC 4.06.060 or to correct disturbances or safety hazards described in RCMC 4.06.090(B)(1) which were cited by the finance director or planning director as reasons for denial in the notice of denial required by RCMC 4.06.205. Such written request for extension shall be filed with the finance director not later than 15 days after the date of service by the finance director of the notice prescribed in RCMC 4.06.205. The finance director and the applicant or licensee may agree upon a reasonable period of time for the extension within which the licensee or applicant agrees to correct the deficiencies indicated in the notice of denial. A written notice of the agreed period for extension specifying the agreed corrections to be made shall be served on the applicant or licensee by the finance director. If there is no agreement on a period of time for extension, there shall be no such extension.

If the period of extension elapses without correction of the deficiencies for which the extension was granted, the finance director shall deny the application pursuant to the procedure set forth in RCMC 4.06.205. If the deficiencies for which the extension was granted are corrected, the finance director may issue the general business license. [Ord. 45-2004 § 3].

4.06.207 Suspension.

Any general business license issued pursuant to this chapter may be suspended for not longer than one year during its term if the planning director finds in writing that one of the following grounds exists:

A. That conditions applied to the general business license pursuant to RCMC 4.06.090 and 4.06.091 have been violated, and that the violations are likely to continue, based on the prior history of the business and compliance with the existing conditions.

B. That the business cannot, during the time of the proposed suspension, be operated in a manner that does not cause nuisance by disturbing the peace and quiet of neighborhoods, occupants of adjacent property, or endanger or create disturbances for patrons of the business.

C. That the special business license, required to conduct business activity, as in RCMC 4.10.005, has been revoked or suspended pursuant to RCMC 4.10.145 or denied pursuant to RCMC 4.10.110. [Ord. 45-2004 § 3].

4.06.208 Effect of suspension.

With respect to any enterprise required by the provisions of this chapter to possess a general business license, suspension of the general business license shall terminate only the privilege of doing business at the location to which the license relates for the duration of the suspension. The suspension of a general business license shall remain in effect until the cause for suspension is corrected or cured, or until expiration of the stated period of suspension. [Ord. 45-2004 § 3].

4.06.209 Method of suspension.

Upon receipt of findings as required by RCMC 4.06.207, the finance director may issue written notice of suspension, stating the reasons therefor as indicated in such findings. The notice, together with a copy of the provisions of this chapter, shall be served by the finance director upon the holder of the license. The suspension shall become effective 15 days after the date of service, unless the holder of the license files an administrative appeal within the time and in accordance with the provisions of RCMC 4.06.240. If such an administrative appeal is filed, the suspension shall not become final until the administrative appeal is final as determined in RCMC 4.06.220 or 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable. [Ord. 45-2004 § 3].

4.06.210 Appeals.

A. The holder of a general business license or applicant thereof may file an administrative appeal from the following:

1. The denial of an application for or application for renewal of a general business license pursuant to the provisions of RCMC 4.06.200;

2. The imposition of conditions at the time of issuance of an initial or renewed general business license or during the term thereof, pursuant to the provisions of RCMC 4.06.095; or

3. The termination of a general business license as a result of a change in ownership or a business function pursuant to the provisions of RCMC 4.02.075 or 4.02.076.

B. Any such administrative appeal provided in subsection (A) of this section shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the finance director not later than 15 days after the date of service by the finance director of the notices prescribed by RCMC 4.02.075, 4.02.076, 4.06.095 or 4.06.205, as the case may be. If an administrative appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived.

C. In the event the applicant files an administrative appeal from the denial of a renewal application, termination, or the imposition of conditions, the immediately preceding general business license shall continue in full force and effect until the administrative appeal is final as determined by RCMC 4.06.220 or 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable. [Ord. 45-2004 § 3].

4.06.212 Appeal from denial of initial application for business license for sexually oriented business.

Upon the denial of an initial application for a general business license to conduct a sexually oriented business, or upon the imposition of conditions at the time of issuance of an initial business license for a sexually oriented business, as defined in the Rancho Cordova zoning code, the applicant may either appeal such denial or imposition of conditions pursuant to RCMC 4.06.210 or seek immediate judicial review of such decision in any court of competent jurisdiction as provided by law. In the event that the applicant elects to seek judicial review of the denial or imposition of conditions in lieu of filing an administrative appeal pursuant to RCMC 4.06.210, the denial shall be effective as of the date of service of written notice of the denial, as specified in RCMC 4.06.205, and the applicant shall not be required to exhaust otherwise available administrative remedies so long as the request for judicial review is filed within the time period prescribed herein for filing an administrative appeal. [Ord. 38-2007 § 1 (Exh. 1(C)); Ord. 45-2004 § 3].

4.06.215 Appeal hearing.

Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by RCMC 4.06.210, the hearing authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the appellant not later than 10 days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the finance director. The provisions of the California Administration Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. The hearing authority shall have the power to issue subpoenas in order to require the production of documents and persons, or both, at the hearing when relevant to the issues on appeal at the request of the applicant, finance director, chief of police or planning director, as applicable. At the conclusion of the hearing, the hearing authority shall prepare a written decision, which either grants or denies the appeal, and contains findings of fact and conclusions of law. The written decision, including a copy thereof, shall be filed with the finance director not later than 15 days following the date on which the hearing is closed. The finance director shall within five days of the filing of such decision serve the applicant or licensee with notice of the written decision including a copy of such decision.

In a case of an appeal from the imposition of conditions authorized by RCMC 4.06.090 or 4.06.091, the finance director must demonstrate by substantial evidence the necessity of the conditions and, if the imposition of such conditions is upheld, the hearing authority shall specifically provide in its decision findings regarding specific evidence within the record supporting the hearing authority’s determination. [Ord. 45-2004 § 3].

4.06.220 Finality of determination.

With respect to an administrative appeal from either the denial of a new application for a general business license pursuant to RCMC 4.06.200 or termination as a result of change in ownership or change in function pursuant to RCMC 4.02.075 or 4.02.076, the decision by the hearing authority shall become final upon the date of filing of the decision with the finance director and service thereof on the applicant or licensee.

With respect to an administrative appeal from a denial of a renewal application of a general business license pursuant to RCMC 4.06.200 or from the imposition of conditions upon a license pursuant to RCMC 4.06.095, the decision by the hearing authority shall become final 15 days following the filing of the decision with the finance director and service thereof on the applicant or licensee unless review of the decision by the city council is requested by the licensee. Such review may be requested by filing with the clerk of the city council a written request for review not later than 15 calendar days following the date of filing and service of the hearing authority’s decision. The request for review shall state in detail the reasons therefor and error alleged in the hearing authority’s decision, and shall have attached thereto a copy of the decision. In the event of a request for review before the city council of a denial of an application for renewal of a general business license, or the imposition of conditions in the manner and within the time prescribed by this section, the immediately preceding general business license shall continue in full force and effect during the pendency of the review, until the date of final decision by the city council. [Ord. 45-2004 § 3].

4.06.225 Review by city council.

Upon receipt by the clerk of the city council of the request for review, a hearing shall be scheduled before the city council within 30 days of the filing the request for review with the clerk of the city council. Written notice of the time, date and place of the review shall be served on the applicant or licensee not later than 10 days preceding the date of the review by the finance director. The city council shall be authorized to deny the introduction of evidence and decide the matter after oral argument presented during the hearing, or to admit supplementary evidence with respect to challenges or particular findings, or reject the findings and conclusions and conduct a de novo hearing. Pursuant to the granting of an appeal, the city council shall be authorized to order the issuance, renewal or continuance of a license upon such terms and conditions as in the discretion of the city council are deemed to be necessary and appropriate pursuant to the provisions of this chapter.

The city council shall render a written decision and shall file the same with the clerk of the city council within 10 days following the date on which the hearing is closed with a copy thereof forwarded to the finance director. Within five days of filing the decision, the clerk of the city council shall serve the licensee with a notice of decision and a copy thereof as provided in RCMC 4.06.090. The decision of the city council shall become final upon its filing with the clerk of the city council and service upon the applicant or licensee.

The decision by the city council granting or denying the appeal shall be accompanied by findings of fact and conclusions, which may consist of an adoption by reference of those by the hearing authority. [Ord. 45-2004 § 3].

4.06.230 Grounds for revocation.

A general business license issued pursuant to this chapter may be revoked during its term by the finance director when one or more of the following findings are made in writing by the planning director to the finance director:

A. The planning director finds in writing that the enterprise is operated or maintained in a manner or is located on grounds, or within a building or buildings, which violates or is in violation of any of the laws described by RCMC 4.06.060, and by operation of such laws the termination of the enterprise is required. The findings shall specify the specific provision or provisions of law violated;

B. That the holder of the license has violated one or more conditions imposed pursuant to RCMC 4.06.090 or 4.06.091 and 4.06.095 upon which the license has been issued, and the findings specify the particular condition or conditions violated;

C. That the holder of the general business license has failed in the license application or renewal application to provide information that is required by RCMC 4.06.075 or 4.06.105, as applicable, and such information is necessary to a determination respecting compliance with the laws described by RCMC 4.06.060;

D. With respect to an enterprise required by RCMC 4.10.005 to possess a special business license in order to conduct an activity described by that section, that the special business license has not been issued or has been revoked, pursuant to RCMC 4.10.145, or denied, pursuant to RCMC 4.10.110;

E. That the enterprise is that of a contractor as defined in Division 3, Chapter 9, Article 2, Section 7026 et seq. of the Business and Professions Code, and the finance director finds that the licensee is not licensed by the State of California Contractors State License Board to engage in the business as a contractor with a valid, unexpired, unsuspended, unrevoked license issued by the State of California Contractors State License Board, or that the licensee fails to provide sufficient proof, as determined by the finance director, that such contractor’s license is valid, unexpired, unsuspended and unrevoked. [Ord. 45-2004 § 3].

4.06.235 Method of revocation.

Upon receipt of findings as required by RCMC 4.06.230, the finance director may issue a written notice of revocation, stating the reasons therefor as indicated in such findings. The notice, together with a copy of the provisions of this chapter, shall be served by the finance director upon the holder of the license. The revocation shall become effective 15 days after the date of service, unless the holder of the license files an administrative appeal within the time and in accordance with the provisions of RCMC 4.06.240. If such an administrative appeal is filed, the revocation shall not become effective until the administrative appeal is final as determined in RCMC 4.06.220 or 4.06.225, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable. [Ord. 45-2004 § 3].

4.06.240 Appeal of revocation or suspension.

A. Within 15 days following the date on which the notice of revocation or suspension is served, the holder of the license may file a written administrative appeal at the office of the finance director, stating the reasons therefor. If such an administrative appeal is not filed within the time and in the manner prescribed above, the right to review of the revocation or suspension shall be deemed to have been waived.

B. A hearing on such administrative appeal shall be conducted by the hearing authority within 30 days of the filing of the administrative appeal with the finance director. Notice of the time, date and place of the hearing shall be served upon the appellant not later than 10 days before the commencement thereof. The burden of proof shall rest upon the finance director. Except as provided herein to the contrary, the hearing shall be scheduled and conducted in the manner and a decision shall be issued and served as prescribed by RCMC 4.06.215. The decision shall become final as prescribed, and be subject to review by the city council at the request of the appellant, pursuant to the procedure for finality and review prescribed by RCMC 4.06.220(B).

C. Any review by the city council shall be scheduled, conducted in the manner, determined, and have the effect and finality prescribed by RCMC 4.06.225. A hearing shall be held promptly but not later than 30 days from the date of filing of a request for review with the clerk of the city council. [Ord. 45-2004 § 3].

4.06.245 Effect of revocation.

With respect to any enterprise required by the provisions of Chapter 4.10 RCMC to possess a special business license, revocation of the special business license shall automatically and without notice also revoke each general business license issued for the same business activity or enterprise at each location at which the enterprise is located. The general business license shall remain in effect for other activities or enterprises conducted at the location that require a general business license and for which the general business license has not been revoked or suspended.

With the foregoing exception, revocation of a general business license shall terminate only the privilege of doing business at the location to which the license relates. [Ord. 45-2004 § 3].

4.06.250 Other procedures.

Any administrative remedy, including an administrative appeal procedure, applicable to the interpretation, administration or enforcement of those ordinances and other laws prescribed by RCMC 4.06.060, shall be exhausted, with the exception of the denial of an application for a general business license for a sexually oriented business as defined in Section 130-157.5 of the city of Rancho Cordova zoning code, wherein the licensee seeks judicial review pursuant to RCMC 4.06.212. The failure to exhaust such a remedy shall constitute grounds for denial of an appeal under this article. The hearing authority and city council shall be bound in the decision of appeals under this chapter by determination made in exhausting such remedies, and questions decided or which should have been decided pursuant to the exhaustion of such remedies shall not be subject to litigation in appeals under this article. [Ord. 45-2004 § 3].

4.06.255 Judicial review of administrative determination.

An applicant for, or holder of, a general business license may seek judicial review in any court of competent jurisdiction as provided by law of any determination rendered by the city council pursuant to this chapter upon such determination becoming final. [Ord. 45-2004 § 3].