Chapter 5.04
GENERAL PROVISIONS
Sections:
5.04.070 Severely physically handicapped person.
5.04.090 License application – Fee.
5.04.100 License issuance – Fee.
5.04.140 Revocability of license.
5.04.300 Door-to-door salesmen.
5.04.400 Statement of exemption.
5.04.510 Transferability of license.
5.04.520 Proceeds to charitable organization.
5.04.560 Penalty for conducting business without a license.
Code reviser’s note: For statutory provisions authorizing cities to impose licenses and regulations, see Section 16000 et seq. of the Business and Professions Code.
5.04.010 License required.
It is unlawful for any person or persons, whether as principal, clerk, servant, agent or employee, to engage in, conduct or carry on any business, exhibition, occupation or service herein specified, without first having, upon written application, procured a license so to do from the finance director of this city, which license shall authorize the party obtaining the same to transact the business described in such license for the period named therein. No license shall be required for agricultural or viticultural productions of any stock, dairy or poultry farms, when sold by the producer of such productions on his premises. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 708 § 1, 1960].
5.04.020 Branch business.
A separate license must be obtained for each branch establishment or separate house or place of business located in this city. Where more than one business is conducted in one building, a separate license must be obtained for each business under separate ownership. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 708 § 2 (part), 1960].
5.04.030 Definitions.
“Building codes” means the building code, electrical code and plumbing code of the city, and all amendments thereto.
“Business license inspector” means an authorized representative of the finance director who has been designated as the business license inspector.
“Chief building official” means the chief building official of the city, or his authorized representative.
“Distributor” means a wholesaler or jobber of goods, wares, merchandise or food products.
“Finance director” means the finance director of the city of Rancho Cordova, or his authorized representative.
“Fixed place of business” means, for the purposes of this chapter, a place of business regularly kept open by the owner, his agents or employees at a fixed location, and includes a business carried on in a residence pursuant to a use permit granted by the planning commission.
“Health officer” means the city health officer, or his authorized representative.
“Person” means a firm, association, business trust, or corporation, cooperative or noncooperative, carrying on the business for which a license must first be procured. When the terms used in this chapter designate the principal, the same means and includes the clerk, agents, servants, representatives and employees of such principal, it being the intent to license the business and not separate individual acts or activities which constitute integral or related parts of the business carried on in one building and under one roof, except as herein otherwise provided.
“Zoning ordinance” means the zoning ordinance of the city, and all amendments thereto. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A), (D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 231 § 1, 1975; SCC 54 § 1, 1971; SCC 708 § 2 (part), 1960].
5.04.040 Collection of fees.
It shall be the duty of the finance director to collect the license fees required by this chapter, and to perform such other duties as are prescribed by this chapter. It shall be his duty, in the name of the city as plaintiff, to bring suit for the recovery of any license fees and/or penalties required by this chapter against any person who carries on or attempts to carry on such business without such license. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 708 § 3, 1960].
5.04.050 Commercial traveler.
No license shall be required under the provisions of this chapter for any commercial traveler whose business is limited to the goods, wares and merchandise sold in this state at wholesale, and who does not carry with him for delivery goods sold by him. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 708 § 4, 1960].
5.04.060 War veterans.
War veterans shall be issued an exempt peddler’s license in accordance with Section 16001 of the Business and Professions Code. “War veteran,” as used in this section, means any honorably discharged veteran who has served in a war or campaign for service in which a medal has been authorized by the Congress of the United States. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 893 § 2, 1965; SCC 708 § 5, 1960].
5.04.070 Severely physically handicapped person.
A severely handicapped person, who has no fixed place of business in Rancho Cordova, may hawk, peddle and vend any goods, wares, or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license fee. As used in this section, a “severely physically handicapped person” means a person who is blind, deaf, or who suffers from some severe physical defect which would cause a substantial detriment in any effort to obtain gainful employment. Any person granted a license pursuant to the provisions of this section shall not be exempt from any other provision of this chapter. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
5.04.080 Youth organizations.
Organizations such as Boy Scouts, Girl Scouts, Camp Fire Girls and similar-type organizations which conduct occasional house-to-house retail sales of packaged wares shall be entitled to engage in such an activity upon issuance to it of a “no fee” license. Such organization shall not, however, be exempt from any other provisions of this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 773 § 7, 1962; SCC 708 § 5.6, 1960].
5.04.090 License application – Fee.
The finance director shall prepare and have printed numbered blank license application forms with stubs for all businesses mentioned in this chapter, and shall require such information thereon as he may deem necessary. A fee of $2.00 shall be collected by the finance director for the issuance of each application, except an application for renewal of a license. The stubs of all application forms and permits sold shall be preserved by the finance director for at least one year after the date of issuance. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
5.04.100 License issuance – Fee.
The finance director shall also prepare and have printed numbered blank license forms with stubs for all businesses subject to the provisions of this chapter, and shall provide such information thereon as he may deem necessary for the proper administration of this chapter. The finance director shall prepare and maintain a complete accounting of all licenses issued, including a listing of serial numbers appearing on the licenses. Fees charged for these permits shall be as provided in this chapter. The license when validated by the signature of the finance director shall constitute authorization to operate and conduct the business described in the application therefor, for the period of time indicated on the face of the license. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
5.04.110 Procedures.
The finance director shall establish such procedures as he may deem necessary to ensure a proper accounting of all licenses issued. The procedures shall be subject to the approval of the city manager. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
5.04.120 Fees payable when.
All fees payable for licenses or permits required by this chapter are due and payable in advance at the office of the finance director, and the licenses or permits shall be issued for a period of 12 months from the date of issuance, except those licenses or permits for which a daily or monthly license fee is required. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 848 § 1, 1964; SCC 708 § 9, 1960].
5.04.140 Revocability of license.
A. Every license issued under the provisions of this chapter shall be issued and accepted by the party receiving the same with the express understanding that the city manager may revoke the same at any time if the city manager finds that:
1. The license holder has violated any of the conditions of the license or the requirements of this chapter;
2. The license was obtained by fraudulent representations; or
3. The license holder is unfit to be trusted with the privileges granted by the license.
B. No license shall be revoked without the holder being given an opportunity to appear before and be heard by the city manager in his own behalf. The city manager shall set the matter for hearing and shall give 10 days’ notice in writing to the license holder of the time and place of the hearing. At the option of the city manager, such notice may be given by registered or certified mail. Notice by mail shall be effective when mailed to the license holder at the address shown in the records of the finance director. It shall be the responsibility of the license holder to maintain a current address with the finance director and to notify the finance director immediately of any change in the address. At the option of the city manager, as an alternative to notice by mail, notice may be given by personal service on the license holder or his agent.
C. On the revocation of a license as herein provided, no part of the license fee paid shall be returned and the license fee shall be forfeited to the city. No other or further license shall be issued to the person whose license has been revoked within six months from the date of such revocation. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 118 § 1, 1973; SCC 708 § 10, 1960].
5.04.300 Door-to-door salesmen.
A. Every person who sells, solicits or takes orders for goods, wares, merchandise, books, periodicals, subscriptions, photographs or services from private residence to private residence shall pay an annual license fee of $36.00.
B. For the purposes of this section, the employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, may be covered under a single license obtained by and issued in the name of the firm, provided each such person who is subject to the requirements of RCMC 5.04.390 holds a valid solicitor permit issued pursuant to that section. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 848 § 2, 1964; SCC 708 § 26, 1960].
5.04.390 Solicitor permit.
A. It is unlawful for any solicitor to go from private residence to private residence within the city without having first obtained a written solicitor permit pursuant to this section.
For the purposes of this section, the word “solicitor” includes all employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, subject to the requirements of RCMC 5.04.300.
B. To obtain a permit, a solicitor shall appear personally before the finance director and file a written application for such permit, giving the name and address of the applicant, the firm or organization which he represents, a description of the purpose for which the applicant proposes to go from private residence to private residence, and such other information as the finance director may require. The applicant shall pay an application fee for processing of $2.00 with his application.
C. The finance director shall refer the applicant to the chief of police, who shall fingerprint and photograph the applicant and obtain reports from the state and federal Departments of Justice of any record regarding the applicant which is available from those agencies. After an applicant has been fingerprinted and photographed by the chief of police, the applicant shall be issued a temporary permit by the finance director, valid for 45 days, unless the chief of police, based on a check of any immediately available record or source of information regarding the character of the applicant or the business responsibility of the firm which he represents, disapproves the issuance of a temporary permit. If the chief of police disapproves, his reasons for disapproval shall be specified in writing, a copy of which shall be delivered to the applicant. When he receives the reports, the chief of police shall forward them to the finance director together with any other relevant information from the chief of police’s files regarding the applicant and the firm which the applicant plans to represent in the city.
Upon receipt of the material from the chief of police, the finance director shall forward the application and said material to the city manager. The city manager may cause such other investigation to be made as he deems necessary for the public good. If the city manager finds the applicant’s character or business responsibility of the firm he represents to be unsatisfactory, he shall disapprove the application; otherwise the city manager shall approve the application. Upon receipt of notice of approval of an application by the city manager, the finance director shall issue a permit. All permits shall be numbered consecutively in the order of their issuance.
D. On the face of each permit, including temporary permits, there shall be placed each of the following:
1. The permit number;
2. The permit holder’s name and address;
3. The name and address of the firm or organization which the holder represents;
4. A description of the holder;
5. The expiration date of the permit.
E. Any contract entered into by a person subject to the provisions of this section who does not possess a valid solicitor’s permit is voidable at the option of the other contracting party.
F. This section and RCMC 5.04.300 do not apply to:
1. Girl Scouts, Camp Fire Girls, Boy Scouts, Little League members and members of similar organizations when soliciting on behalf of such organization;
2. Persons who represent a fixed place of business in the city who regularly make deliveries, normally not involving personal contact with customers for the purpose of making sales or obtaining orders, over an established route and who only occasionally make calls on persons residing within the area covered by such route for the purpose of obtaining additional customers for such regular deliveries. The foregoing provision is intended to cover only such persons as milkmen, newspaper boys and other persons engaged in substantially similar activities;
3. Persons licensed and regulated under state law governing the insurance business;
4. Persons licensed and regulated under state law governing the real estate business;
5. Persons licensed and regulated under state law governing the securities and investment business;
6. Persons soliciting charitable contributions on behalf of:
a. A church or organization of churches of any denomination, or any nonprofit agency duly constituted by a church, churches, or denominations, to carry on religious education, interdenominational operations, or the like;
b. An institution of learning authorized by the state to grant degrees;
c. A hospital licensed by the state;
d. Any institution licensed by the California Department of Social Welfare;
e. Any nonprofit corporation or nonprofit voluntary unincorporated association organized for charitable purposes;
7. Persons who go from private residence to private residence for political purposes or for the purpose of influencing legislation;
8. Persons licensed and regulated under state law governing the sale of motor vehicles;
9. Persons licensed and regulated under state law governing the cemetery business.
G. Persons who hold a license or registration issued prior to August 19, 1964, pursuant to RCMC 5.04.300 shall not be subject to the requirements of this section until expiration of such license or registration.
H. While soliciting from private residence to private residence, the solicitor’s permit shall be carried on the person of solicitor who, upon demand, shall show such permit to any person authorized to enforce this chapter. [Ord. 38-2007 § 1 (Exh. 1(A), (D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 867 § 1, 1965; SCC 848 § 4, 1964; SCC 708 § 33.1, 1960].
5.04.400 Statement of exemption.
A. Every person claiming to be entitled to exemption from the payment of any license fee or from any other requirement provided for in this chapter upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the finance director, disclosing the interstate or other character of his business entitling such exemption. The statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit. The affidavit may be filed by a firm on behalf of one or more employees or representatives of the firm who are subject to the requirements of this chapter.
B. If the finance director determines that a license fee is not applicable with respect to any person because of interstate commerce requirements, a license fee shall not be required and the person may be issued an exempt license. Such license shall be valid only for the purpose of authorizing solicitation of orders to be filled directly from another state. Any person who is eligible for a license pursuant to this section shall be subject to all applicable provisions of this chapter. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 848 § 5, 1964; SCC 798 § 33.3, 1960].
5.04.510 Transferability of license.
Any license issued pursuant to RCMC 5.04.390 may be transferred with the written consent of the finance director endorsed thereon. The person to whom such license is to be transferred shall be subject to the same requirements as specified in RCMC 5.04.390 except that the only fee shall be a nonrefundable transfer fee of $0.50. The finance director shall approve the transfer of any such license on a temporary basis pending receipt of approval or disapproval of the chief of police. If the chief of police approves, the approval of the transfer by the finance director shall automatically become permanent, but if the chief of police disapproves, the license shall be cancelled and the transferee given notice of such cancellation. [Ord. 38-2007 § 1 (Exh. 1(A), (D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 818 § 1, 1963; SCC 708 § 39.5, 1960].
5.04.520 Proceeds to charitable organization.
Whenever a person as defined in RCMC 5.64.020 has been issued a permit to solicit for charitable purposes for any rummage sale of old clothes or secondhand merchandise, sale of confectionery, or for any exhibition, concert, carnival, amusement rides, animal rides or other entertainment, the net receipts of which will be paid to any church, religious organization, school, charitable or benevolent organization or any bona fide veterans organization, there shall be no license fee collected. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 15 § 1, 1970; SCC 947 § 1, 1967; SCC 790 § 1, 1962; SCC 708 § 40, 1960].
5.04.560 Penalty for conducting business without a license.
Any person who conducts a business within the city of Rancho Cordova without first having obtained the prescribed business license shall be required to pay a fee for such license which shall be equal to double the amount of the fee otherwise provided herein for such license. However, if such person has been previously issued a business license and has failed to renew such license on or before its termination date, he shall, upon application for the renewal of such license, be required to pay a fee which shall be equal to 125 percent of the amount of the fee otherwise provided in this chapter for the renewal of such license. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 773 § 8, 1962; SCC 708 § 43.5, 1960].
5.04.640 Renewal.
An application for the renewal of a license hereunder shall be made at least 30 days prior to the expiration of the current license. Upon receipt of an application for renewal of a license, the finance director shall issue a new license if there is an unrevoked certificate of occupancy for the premises, and, if the type of business requires it, an unrevoked health certificate certifying that the premises are in compliance with applicable health and sanitary requirements. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 708 § 51, 1960].
5.04.650 Enforcement.
It shall be the duty of the finance director to exercise due diligence in the enforcement of this chapter to determine if all businesses subject to this chapter are duly and regularly licensed, and to that end may inspect any and all types or classes of businesses by this chapter licensed and regulated. The chief building official, health officer, finance director, chief of police, or their deputies may enter any place of business, subject to the provisions of this chapter, for the purpose of inspection for compliance with this chapter, and, in the case of the chief of police, to prevent or quell any disturbance of the peace therein. [Ord. 38-2007 § 1 (Exh. 1(A), (D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 231 § 2, 1975; SCC 708 § 52, 1960].
5.04.651 Authority to arrest.
In the performance of his duties, the business license inspector shall have the authority and immunities of a public officer and employee, as set forth in Section 836.5 of the Penal Code, to make arrests without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 54 § 2, 1971].
5.04.660 Appeal.
Any person aggrieved by any decision or action of any city officer or employee may appeal to the city manager by written notice of appeal filed with the city manager within 15 days following receipt by such person of written notice of such decision or action. The appeal shall be placed upon the agenda of the city manager for hearing upon the earliest available date but in no event later than the second regular city manager’s meeting following the filing of the appeal. [Ord. 38-2007 § 1 (Exh. 1(D)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 848 § 6, 1964; SCC 708 § 56, 1960].