CHAPTER 1. LICENSING AND REGULATION OF BUSINESS OPERATIONS
ARTICLE 1. GENERAL PROVISIONS
6-01-1000 TITLE:
This Chapter shall be known as and may be cited as the Business License Ordinance.
(Added by Ord. No. 3390, effective 8-20-09)
6-01-1010 PURPOSE:
The purpose of this Chapter is to ensure the health, safety, and welfare of the residents of the County in their transactions with entrepreneurs and to preserve and enhance the reputation and viability of business operations within the County.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1020 DEFINITIONS:
The following words and phrases, as used in this Part, shall have the following meanings:
(a) "Applicant" means the individual, partnership, association, or corporation that will operate and conduct a business for which a license is required pursuant to the provisions of this Part.
(b) "Association" means every club, syndicate, joint venture, and every other group of individuals who are united together for some common purpose but are not organized as a partnership or a corporation.
(c) "Building" means a building as defined in the California codes specified in Section 7-15-1000 of this Ordinance Code.
(d) "Business" means the operation or carrying on of any profession, trade, or occupation, whether for profit or gratuitously, with or without a fixed place of business, for which a license is required by this Part.
(e) "Business premises" means the office, building, location or place in which or from which a business is conducted or carried on, if the business uses a fixed place of business.
(f) "County" means the County of Tulare.
(g) "Day" means calendar day, unless "business day" is specified.
(h) "Investigating officer" means any of the County officers, or their duly authorized representatives, who are designated in this Part as the persons who shall conduct an investigation of the applicant and/or the business premises.
(i) "License" means the document entitling the person to engage in business in the unincorporated area of the County, which is issued by the license collector as required by this Part.
(j) "License collector" means the County department or agency specified in Section 6-01-1040.
(k) "Licensee" means the individual, partnership, association or corporation that operates and conducts a business for which a license has been issued pursuant to the provisions of this Part.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1030 SCOPE OF PART:
To the extent that the provisions of this Part do not conflict with other applicable provisions outside of this Part, but within this Ordinance Code, both shall be controlling. If any matter covered within this Part conflicts with any provision(s) outside this Part, but within this Ordinance Code, the provision(s) outside of this Part shall be controlling.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1040 LICENSE COLLECTOR:
As required by Government Code section 27400, the Tax Collector shall be the license collector for the County. (As of the date of amendment of this ordinance, the office of Tax Collector was held as part of the combined office of Auditor-Controller/Treasurer-Tax Collector.)
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1050 LICENSING REQUIREMENT:
It shall be unlawful for any person to maintain, conduct, operate or carry on, within the County and outside the limits of any incorporated city, any business for which a license is required by this Part, unless such person has a valid license for such business. No person required to obtain a business license shall establish a new or additional business location, change or expand the business use of any building, or participate in a change of business ownership without first obtaining a new license. Separate licenses must be obtained for each branch establishment or separate business location, or business activity without a fixed location, within the unincorporated area of the County.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1060 APPLICATION FOR BUSINESS LICENSE:
To procure a business license, written application shall be made to the license collector on the form provided therefor and accompanied by the appropriate application fee. At a minimum, each application shall contain the information and conform to the requirements set out in Article 2 of this Chapter, plus the additional information and requirements, if any, in the applicable Chapter for that type of business. Every application for a business license shall be verified by the oath of the applicant.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1070 PREREQUISITES FOR APPLICATION:
Any person seeking to obtain a business license from the County must comply with all applicable legal requirements prior to the issuance of a business license. Every applicant shall obtain any required approval or clearance administered by the Resource Management Agency, the Health Officer, the Sheriff, the Fire Department, the Environmental Health Division of the Health and Human Services Agency, or any other investigating officer under this Part as to compliance with applicable land use, building safety, public safety, public health and sanitation and other regulations under their purview.
If at any time the licensee fails to comply with all legal requirements, the license may be revoked or suspended as provided in this Chapter. In addition or alternatively, the licensee and the owner of the property upon which the business is located or conducted may be subject to any other administrative or judicial penalties or remedies allowed by the Ordinance Code or by law.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1080 ISSUANCE OF LICENSE:
(a) If the applicant satisfies the requirements of this Part and any other licensing requirements in this Ordinance Code, and if all of the investigating officers approve the business license application, the license collector shall collect the appropriate fee for the license and issue a business license to the applicant; otherwise the license collector shall refuse to issue the license.
(b) Any license required under this Part shall be issued subject to any reasonable conditions that may be required by the investigating officers in order to ensure the protection of the public health, safety and morals, as well as compliance with applicable planning, building, and zoning requirements. The license collector shall set forth any such conditions upon the face of the license.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1090 FORM OF LICENSE:
A license is required under this Chapter for each separate location where business is to be conducted, or for each business not at a fixed location, or as provided in the specific Chapter for that type of business, and each such license shall contain the following information:
(a) The nature of the licensed business.
(b) The name and mailing address of the licensee.
(c) The street address of the business premises, if any, or, if the street address has not yet been established, a legal description of the business premises, or, if the business will not have a fixed location, identification of the vehicle to be used.
(d) The dates of issuance and expiration of the license.
(e) The amount of the license fee.
(f) Such additional information as may be deemed necessary by the license collector.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1100 TERM OF LICENSE:
The term of any license issued pursuant to the provisions of this Part shall be from the 1st day of January of any year to and including the 31st day of December of the same year, unless otherwise provided in the Chapter regarding that type of business.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1110 RENEWAL OF LICENSE:
Any person who holds a valid annual license issued under this Part may file an application for renewal by applying in writing to the license collector not sooner than sixty (60) days prior to, nor later than, the expiration date of the existing license. The application for renewal shall be in the form prescribed by the license collector, and the applicant shall sign a statement under penalty of perjury that the facts set forth in the original application have not changed, except such changes as are set forth in the renewal application.
Upon compliance with the provisions of this section and the provisions of the Chapter for that type of business, and upon payment of the prescribed license fee, the license collector shall issue a renewal license. If a renewal application is not filed prior to the expiration date of the existing license, the licensee shall file a new application under the provisions of this Part and pay the required application fees, and in addition shall pay a fee for allowing the license to lapse. The amount of the lapse fee shall be set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1120 DISPLAY OF LICENSE:
It shall be unlawful for any person to violate any of the following requirements concerning business licenses:
(a) The license shall be displayed at all times in a conspicuous place near the main entrance of the business premises.
(b) A license issued for the use of a vehicle shall be carried at all times in the vehicle for which the license was issued.
(c) If a license has been issued authorizing the licensee to conduct a business independent of a fixed location, the licensee shall carry the license upon his or her person at all times when conducting such business.
(d) No person shall post, display, or carry any revoked, suspended, expired, or otherwise invalid license.
(e) A business license shall be displayed to the license collector, any investigating officer, or any peace officer on demand.
(f) Any business license that has been revoked or suspended shall be surrendered to the license collector, any investigating officer, or any peace officer immediately after a demand for such surrender has been made.
(Added by Ord. No. 3390, effective 8-20-09)
6-01-1125 DUPLICATE LICENSE:
A duplicate license may be issued by the license collector to replace any license previously issued under the provisions of this Part which has been lost or destroyed. The licensee shall file a statement under penalty of perjury attesting to the loss or destruction, and shall pay a fee for processing the duplicate license. The amount of the fee shall be set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3490, effective 2-25-16)
6-01-1130 SUPPLEMENTAL APPLICATION FOR CHANGE OF BUSINESS PREMISES, ETC.:
(a) If permitted by the Chapter regarding that type of business, a licensee may file with the license collector a supplemental application to conduct the business on different or additional business premises, or to include the use of a different or an additional vehicle in the operation of the business.
(b) A supplemental application shall be in the form prescribed by the license collector, and the applicant shall sign a statement under penalty of perjury that the facts set forth in the original application have not changed, except such changes as are set forth in the supplemental application.
(c) The license collector shall process a supplemental application and issue a license in accordance with the provisions of this Part governing the application for and issuance of an original license; provided, however, that an investigation of the moral character, integrity and fitness of any licensee may be waived in the discretion of the Sheriff, and provided that the fee may be set at different amounts than for an original license. The fee shall be set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-1140 LICENSE NONTRANSFERABLE:
No license issued pursuant to the provisions of this Part shall be assignable or transferable, nor shall any license authorize any person other than the listed licensee to transact any business.
(Added by Ord. No. 3390, effective 8-20-09)
6-01-1150 CONFLICT WITH OTHER LAWS AND REGULATIONS:
No provision of this Part, nor any of the procedures set forth herein, nor the acceptance of an application, nor the subsequent issuance of a license under the provisions of this Part, shall constitute a waiver of any of the requirements of any statutes or any provisions of this Ordinance Code or any other ordinance of the County which are now in effect or which may hereafter be enacted.
(Added by Ord. No. 3390, effective 8-20-09)
6-01-1160 OTHER LICENSES OR PERMITS:
Obtaining a business license under this Part does not relieve an applicant or licensee from the duties, requirements or provisions of any other provision of law or this Ordinance Code. This includes, but is not limited to, applying for and receiving any other applicable license or permit required under this Ordinance Code.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
ARTICLE 2. MINIMUM LICENSE APPLICATION REQUIREMENTS
6-01-2000 FORM OF APPLICATION:
The application for a license shall be made in the name of the applicant. If an individual will operate and conduct the business as the sole proprietor, he or she shall file the application. If the business will be operated and conducted by a partnership, association, or corporation, the application shall be filed on behalf of the applicant by one of the partners, an officer of the association, or by an officer or managing employee of the corporation. The application for a license shall be filed with the license collector on an application form furnished by the license collector, which shall require the following information:
(a) The name and mailing address of the applicant.
(b) The street address, legal description, or Assessor’s Parcel Number of the business premises, if any.
(c) The name and mailing address of the person who shall serve as the authorized agent of the applicant and of the licensee, if a license is issued, for the purpose of receiving any notice to be given pursuant to this Part.
(d) Any additional information that is required under the pertinent Chapter of this Part relating to the particular license for which the application is made.
(e) If required by the pertinent Chapter of this Part, or for any applicant upon request by the Sheriff, the license collector shall also require:
(1) If the business will be operated and conducted by a partnership, the names and addresses of all partners shall be listed. If the business will be operated and conducted by an association, the names and addresses of all members of the association shall be listed; provided, however, that if there are more than ten (10) members of the association, only the names and addresses of all of the officers of the association shall be listed. If the business will be operated and conducted by a corporation, the names and addresses of all of the officers of the corporation and the name and address of the managing employee shall be listed.
(2) Complete details concerning every felony of which the applicant and the persons referred to in paragraph (1) of this subdivision have been charged or convicted at any time, and every misdemeanor, excluding nonmoving traffic violations, of which they have been convicted within the previous ten (10) years, and every misdemeanor, excluding nonmoving traffic violations, with which they have been charged in the previous five (5) years.
(f) Such additional information as may be required by the license collector or by the investigating officers to facilitate the required investigation.
The person filing the application shall sign a statement, under penalty of perjury, that the facts stated in the application are true and correct and that all information required has been set forth in the application.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-2010 INVESTIGATION OF APPLICANT AND BUSINESS PREMISES:
(a) For the purpose of investigating applications filed under this Part, the Director of the Resource Management Agency, the Health Officer, the Sheriff, the Fire Chief, and other department heads as necessary, or their respective designees, shall serve as the investigating officers. The license collector shall file copies of the application with the investigating officers who shall, within sixty (60) days after receipt thereof, or within 60 days after payment of any fee therefor, whichever is later, investigate and report their findings to the license collector concerning the following matters:
(1) The Director of the Resource Management Agency shall determine whether any proposed construction, alteration, or change in use of a building or other structure will comply with the applicable building laws, ordinances, and regulations, and/or whether the use of the business premises for the proposed business will comply with the applicable planning, land use, and zoning laws and ordinances.
(2) If the application is subject to review by the Health Officer, the Health Officer shall determine whether operation of the business or proposed business complies or will comply with the applicable food, health, safety and sanitation laws, ordinances, and regulations.
(3) If the application is subject to review by the Sheriff, the Sheriff shall investigate the integrity of the applicant and shall determine whether operation of the business or proposed business by the applicant has generated or would be likely to generate additional demands on law enforcement. If the applicant for a license has a valid license issued under this Part for which an investigation of the integrity of the applicant has been previously conducted by the Sheriff, such investigation shall not be required in a subsequent application for a different license.
(4) The Fire Chief shall determine whether the use of the business premises for the business or proposed business and/or any proposed construction, alteration or change in use of a building or other structure complies or will comply with the Uniform Fire Code and all other applicable fire protection or fire prevention related laws, ordinances, and regulations.
(5) Other departments may be asked to review aspects of the business as needed to determine whether the business complies or will comply with all applicable statutes or other requirements.
(b) By filing an application, applicants shall be deemed to have waived any and all objections to, and to have thereby authorized, any and all investigations concerning their criminal records, business history, past employment, property ownership, and character, as well as reproduction, publication, circulation, and other use of the fingerprints and other information gained from or about them which the investigating officers may deem necessary in conducting their investigation.
(c) The Board of Supervisors may establish fees for investigations by various departments. The amount of each fee shall be set from time to time by resolution of the Board of Supervisors.
(d) The timelines established in this section apply solely to the business license review, and do not apply to the time needed to bring the business into compliance with applicable statutes or other requirements.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3396, effective 12-10-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-2020 SHERIFF INVESTIGATIONS:
(a) The Sheriff shall review the business license application for the following types of businesses:
(1) Adult-Oriented Businesses, Chapter 3.
(2) Nonprofit Bingo Operators, Chapter 9.
(3) Fortune-Tellers, Chapter 15.
(4) Lawful Gambling Establishments, Chapter 17.
(5) Junk Dealers, Chapter 19.
(6) Medical Marijuana Businesses, Chapter 21.
(7) Outdoor Festivals, Chapter 23.
(8) Public Dances and Dance Halls, Chapter 27.
(9) Any other type of business for which this investigation is required pursuant to the particular Chapter in this Part addressing that type of business.
(b) To assist in the investigation of the applicant and any of the persons referred to in subdivision (e) of section 6-01-2000, the Sheriff may require any or all of said persons to be fingerprinted and/or photographed by the Sheriff. The applicant shall pay to the Sheriff the service fees prescribed from time to time by resolution of the Board of Supervisors for each person to be fingerprinted. These fees shall be in addition to the application fee prescribed in this Chapter. The Board of Supervisors may also set by resolution fees to recover the costs of Sheriff investigations pursuant to this Chapter.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3396, effective 12-10-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-2030 REPORT OF INVESTIGATION:
Each investigating officer shall file with the license collector a written report of the findings which the officer has made as a result of the investigation required pursuant to this Part and any other licensing provisions of this Ordinance Code. The report shall contain the conclusion of the investigating officer, based on his or her findings, as to whether the license shall be issued and the conditions, if any, with which the applicant shall comply before the issuance of the license or under which the license shall be issued.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
ARTICLE 3. FEES
6-01-3000 APPLICATION FEE:
Upon the filing of an application, an applicant shall pay an application fee, investigation fee and any other imposed fee to the license collector for the purpose of defraying the expenses of investigation of the applicant and application and the issuance of a license. The application fee, investigation fees and other imposed fees shall be in the amount adopted from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09)
6-01-3010 APPLICATION FEE FOR SUPPLEMENTAL APPLICATION FOR CHANGE OF BUSINESS PREMISES, TRANSFER OF INTEREST, ETC.:
(Added by Ord. No. 3390, effective 8-20-09)
Repealed by Ord. No. 3392.
6-01-3020 FEE EXEMPTIONS:
The following persons are exempt from the payment of business license fees but shall be required to file an application with the license collector:
(a) Every honorably discharged veteran who qualifies pursuant to the provisions of Business and Professions Code section 16102. A veteran wishing to claim the exemption from fees shall provide proof of honorable discharge status to the license collector.
(b) All nonprofit charitable, patriotic, religious, fraternal and educational organizations and any solicitor or peddler employed by such organization who has obtained tax-exempt status from the Franchise Tax Board, unless required to obtain a license under another Chapter of this Part. Any person claiming this exemption shall provide documentation of qualification as required by the license collector.
(c) Any person who has complied with the requirements of Section 135 of this Ordinance Code regarding waiver of fees.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-01-3030 LICENSE FEE:
A license shall not be issued under the provisions of this Chapter until the license fee, in the amount prescribed in the Chapter relating to the license for which the application has been filed, has been paid to the license collector. If such license fee has not been paid within thirty (30) days after the date that the license collector is ready, willing and able to issue the license, the application shall be deemed to be withdrawn and the license collector shall not issue a license thereunder. The license fee shall be deemed necessary to defray the cost of inspecting the business premises and investigating the licensee from time to time to determine whether the business premises and the licensee are in compliance with all of the applicable provisions of this Part.
(Added by Ord. No. 3390, effective 8-20-09)
ARTICLE 4. DENIAL, SUSPENSION, AND REVOCATION
6-01-4000 DENIAL OF LICENSE APPLICATION: RECONSIDERATION:
(a) A business license application filed in accordance with the provisions of this Part may be denied by the license collector upon proof to the satisfaction of the license collector that such business has not been or would not be operated in accordance with health, safety, planning, building, zoning, or fire regulations, or other provisions of law or this Ordinance Code, in a quiet and orderly manner, in conformance with considerations of public health, safety, and welfare, or that the nature of the business is not substantially as was represented in the license application.
(b) The license collector shall provide notice to the applicant of such denial. Notice shall be in writing and shall be served, either personally or by mail, to the address of the applicant as set forth in the application. The notice shall indicate the reason for denial and the process by which the applicant may request reconsideration by the license collector through an administrative review process at which the applicant may provide additional information. The Board of Supervisors may establish a fee for requesting reconsideration. The fee, if any, shall be set from time to time by resolution of the Board of Supervisors.
(c) An applicant’s request for reconsideration must be filed or postmarked within ten (10) days of the date on the notice of denial. Notice of administrative review shall be given in the same manner that notice of the denial was given. The notice shall include the date, time, and place of the administrative review, and shall state that at the time of review the applicant may offer relevant information supporting reconsideration of the denial and the issuance of a license.
(d) The administrative review shall be conducted within a reasonable time, but may be continued from time to time at the discretion of the license collector. The license collector shall issue a written decision within ten (10) days after the conclusion of the review. The written decision shall indicate the reason(s) for the denial, and shall include information regarding appeal to the County Hearing Officer.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
6-01-4010 EMERGENCY SUSPENSION:
A license issued pursuant to this Part is subject to emergency suspension under the following conditions and procedures:
(a) If the appropriate investigating officer, including but not limited to the Sheriff, Director of the Resource Management Agency, the Health Officer, the Fire Chief, or one of their duly appointed deputies or authorized employees, determines that the manner in which the business is being conducted or the nature of the business premises does not meet the requirements for the original issuance of a license and poses a threat to the immediate preservation of the public peace, health, safety, or general welfare, such officer may issue an emergency order against a licensee, or any person operating a licensed business on behalf of a licensee, immediately and temporarily suspending the license. The emergency order shall set forth the grounds upon which it is based, including a statement of facts constituting the alleged emergency necessitating the action. The emergency order is effective immediately upon issuance and service upon the owner, licensee or person operating the licensed business at the time of the issuance of the order.
(b) Within two business days after the emergency order is issued, the responsible investigating officer shall cause written notice of the emergency order to be sent to the licensee at the address listed on the license application and to the license collector. If the investigating officer desires a further suspension or revocation of the license pursuant to this Article and that the license remain suspended during such suspension or revocation proceedings, the investigating officer shall send with the written notice of the emergency order the written report required to suspend a license. Included in such report shall be the request that the license remain suspended and the facts showing the continued threat to the immediate preservation of the public peace, health, safety, or general welfare. The license collector shall set the administrative review required for a suspension within fourteen days of the date the emergency order was issued and shall thereafter proceed as set forth for a suspension. If the license was suspended pursuant to an emergency order, the license collector shall render a decision and send the required written notice of the decision within three business days after the administrative review.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
6-01-4020 SUSPENSION:
If the appropriate investigating officer determines at any time that the integrity of a licensee, the manner in which the business is being conducted, or the nature of the business premises does not meet the requirements for the original issuance of a license, or that the person conducting the business has committed or permitted a violation of any of the provisions of this Part, has committed or permitted any act contrary to good public morals or proper law enforcement, on or about the business premises, or has perpetuated or allowed an accumulation or succession of violations or incidents resulting in a pattern of persistent, warranted complaints or repeated law enforcement calls to or stops at the business premises, such investigating officer shall give written notice of the proposed action to the licensee and the license collector. The investigating officer shall make a written report of such findings to the licensee and the license collector and shall recommend to the license collector whether to permanently revoke the license or to suspend the license for a fixed period of time. The license collector shall give written notice to the licensee of administrative review at which the charges and recommendation of the investigating officer shall be acted upon. After the administrative review the license collector shall give written notice to the licensee of the action taken and information regarding appeal to the County Hearing Officer by causing such written notice to be delivered to the person designated in the application as the authorized agent for the receipt of notices.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3559, effective 6-20-19)
6-01-4030 REVOCATION OF LICENSE:
(a) A license issued in accordance with the provisions of this Part shall be revocable at any time by the license collector upon proof to the satisfaction of the license collector that such business is not being operated in accordance with all applicable health, safety, planning, building, zoning, or fire regulations, in a quiet and orderly manner, in conformance with considerations of public health, safety and welfare, in conformance with the requirements of this Part for that particular type of business, that the nature of the business is not substantially as was represented in the license application, or for failure to pay personal property taxes when due on personal property held in connection with the business licensed under this Part.
(b) Prior to the revocation of any license, the license collector shall provide notice to the licensee that such licensee is in violation of provisions of this Part, and that the license collector will provide administrative review of the complaint and proposed revocation. The notice shall be in writing and served, either personally or by mail, to the address of the licensee as set forth in the license. The notice shall indicate the nature of the complaint, the date, time, and place of the administrative review, and shall state that at the time of review the licensee may offer relevant information. The administrative review shall be held within a reasonable time, but not less than ten (10) days after personal service or fifteen (15) days after mailing of the notice to the licensee. The license collector shall issue a written decision within ten (10) days after the conclusion of the administrative review. The written decision shall indicate the reason(s) for the revocation, and shall include information regarding appeal to the County Hearing Officer.
(c) Notwithstanding subdivision (b) of this section, licenses may be immediately revoked without notice and prior to administrative review if, in the judgment of the license collector, the continuance of the business activity represents an immediate threat or danger to the public health or safety. In such a circumstance, the license collector shall provide notice of the immediate revocation in the same manner as set forth in subdivision (b) of this section on the day of revocation. The notice shall indicate the reason(s) for the revocation and that the license collector will provide administrative review of the revocation. The notice shall indicate the date, time, and place of the administrative review, and shall state that at the review the licensee may offer relevant information. The administrative review shall be held within a reasonable time, but not less than five (5) days after personal service or ten (10) days after mailing of the notice to the licensee(s), unless the licensee and license collector stipulate otherwise in writing. The license collector shall issue a written decision within ten (10) days after the conclusion of the administrative review. The written decision shall indicate the reason(s) for the denial, and shall include information regarding appeal to the County Hearing Officer.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
6-01-4040 FINALITY OF DECISION:
(a) The initial decision of the license collector to deny an application for a license shall become final on the tenth (10th) day following the mailing of the decision, unless the applicant files a request for reconsideration.
(b) The decision of the license collector after administrative review, to grant or deny an application, suspend a license, grant or deny a renewal, or to revoke a business license, shall become final on the tenth (10th) day following the mailing of the decision, unless the person aggrieved by the decision files an appeal.
(c) When a decision by the license collector becomes final under this section, it cannot be appealed and cannot be judicially reviewed, because the aggrieved person failed to exhaust available administrative remedies.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3559, effective 6-20-19)
6-01-4050 APPEAL:
(a) Any person aggrieved by any decision of the license collector under this Part may appeal to the County Hearing Officer as provided in Chapter 31 of Part I of this Code. The appeal and any appeal fee as may be adopted from time to time by resolution of the Board of Supervisors must be filed within ten (10) days of the mailing of notice of such decision or the deadline listed in Chapter 31 of Part I, whichever is later. The decision of the license collector shall be stayed pending hearing of the appeal, except when the license collector’s suspension or revocation is based upon an immediate threat or danger to the public health or safety.
(b) In accordance with the procedures set forth in Chapter 31 of Part I of this Code, the Clerk of the Board of Supervisors shall fix a time and place for hearing such appeal and shall give notice in writing to the aggrieved party of the time and place of the hearing by personal delivery or by mail, addressed to the licensee at the address appearing on the licensee’s or applicant’s application or license. The hearing shall be set to be heard by the County Hearing Officer within sixty (60) days of receipt of the appeal, unless the appellant(s) and the County stipulate to extend the time for hearing.
(c) At a hearing regarding an initial or supplemental application, the applicant shall bear the burden of proof. At a hearing regarding a denial of renewal or a revocation, the license collector shall bear the burden of proof.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
ARTICLE 5. VIOLATIONS AND PENALTIES
6-01-5000 VIOLATIONS:
In addition to any other penalties and remedies provided by law and the provisions of this Ordinance Code and except where otherwise indicated, any person who willfully violates or causes, permits, or assists in the violation of any provisions of this Part shall be guilty of an infraction and shall be punishable as provided in Section 125 of this Ordinance Code.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3392, effective 9-10-09)
6-01-5010 ENFORCEMENT:
(a) Appropriate County officials, including but not limited to the license collector, the Sheriff, the Fire Department, Code Enforcement, and the Environmental Health Department, shall be permitted to enter, free of charge during normal working hours, any business required to be licensed under this Part, for the purpose of inspection or to demand the display of any business license required.
(b) When a person shall by use of signs, circulars, cards, telephone listings, advertisements, or by any other method holds out or represents that he or she is in business in Tulare County, or when any person holds an active license issued by a governmental agency indicating that he or she is in business in the County, these facts shall be considered prima facie evidence that the person is conducting a business in the County. A business license shall be required only if required pursuant to another Chapter of this Part.
(Added by Ord. No. 3490, effective 2-25-16)
ARTICLE 6. SEVERABILITY
6-01-6000 SEVERABILITY:
If any clause, sentence, paragraph, or part of this Part, for any reason, is adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this Part and the application thereof to other persons or circumstances, but shall be confined to the operation of the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment was rendered and to the person or circumstances involved.
(Added by Ord. No. 3490, effective 2-25-16)