HomeMy WebLinkAboutORD 2755'I ... • • ORIGINAL
ORDINANCE NO. 2755
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 4.04 OF THE PALO ALTO MUNICIPAL
CODE PERTAINING TO GENERAL PROVISIONS (BUSINESS
LICENSES AND REGULATIONS)
The Council of the City of Palo Alto does ORDAIN as fol-
lows:
SECTION 1. Chapter 4.04 of the Palo Alto Municipal Code
is hereby amended to read as follows:
Sections
4.04.010
4,04.020
4,04.030
4.04.040
4.04.050
4.04.060
4.04.070
4.04.080
4.,04.090
4~04.100
4,04.110
4.04.120
4.04~130
4 8 04,140
4.04.150
4,04.160
4.04.170
4.04.180
4.04.190
4.04.200
"CHAPTER 4.04
GENERAL PROVISIONS
(BUSINESS LICENSES AND REGULATIONS)
Definitions
License or permit requirP.d
Application for license or permit
Investigation
Temporary license and permit
Issuance of iicenses and permits
Term; renewal; credit
Fees
License and permit not transferable
Display of license and permit
Denial of application; probationary
license and permit
Reapplication after denia.l·
Procequre for license and permit violations
Grounds for denial, probation, and
disciplinary action
Hearing rules
Refund of fee
Authority after suspension, cancellation,
invalidation, or expiration
Return of license and permit
Interstate commerce
Exemptions
4.04.010 Definitions.
unless it is plainly evident
meaning is intended, certain
follows:
For the purpose of this title,
from the context that a different
terms used herein are defined as
(1) Cancellation. "Cancellation" means that the license
or permit is terminated without prejudice and that
the holder immediately may apply for another license
or permit. Cancellation of a license or permit may
be made only when specifically authorized in this
cod$ or when a license or permit has be£n issued in
er~·or or voluntad.ly surrendered· to the city.
(2)
(3)
(4)
(5)
(6)
(7)
• •
£onviction. "Conviction" means the entry of a plea
of guilty or nolo contendere to a crime, a forfeiture
of bail for a crime, or a finding of guilty of, or
a conviction of, a crime when the time for appeal has
elapsed or the judgment of conviction has been affirmed
on appeal.
Invalidation. "Invalidation" means that the license
or permit has been adjudged invalid by a court of
competent jurisdiction or is rendered invalid by
operation of law.
Licensee. "Licensee" means a person licensed under
any of the provisions of this title.
Permittee. "Permittee" means a person holding a
perm1t under any of the provisions of this title~
B.evocation. "Revocation" means that the license
or perm~t is terminated with prejudice and that a
new license or permit may not be obtained until
the revocation period ends.
Suspension. "Suspension" means that the license
or permit is temporarily withdrawn with prejudice
and is reinstated when the suspension period ends.
4.04.020 License or permit re~uired. No person shall
conunence or engage in, act in the capacity of, advertise, or
assume to act in any business, occupation, or activity for
which a license or permit is required under this title until
he has first obtained and paid for a license or permit therefor
or when such license or permit has been cancelled, suspended,
revoked, or invalidated or has expired.
4.04o030 ~~2lication.tbr licen~e or Yerrnit. Application
for a new or renewed license or perm~€ aha I be made to the
officer or his designee specified under the provisions of the
applicable chapter of this title, on the form provided by such
officer.
4.04.040 Investi~ationa It shall be the duty of the
officer to whom an app ication for a new or renewed license or
permit is made to make such investigation of the applicant and
the proposed business, occupation, or activity as sueh officer
dEJttm!l nooelei!\~Y to~ the prpteotion of the public. ·
· 4.04.050 Temporary license and 'ermit. Pending the
approval or denial of an applicationor a new or renewed
license or permit, the offi.cer to whom application has been
made may approve a no-fee temporary l~aense or temporary per
mit for a period not to exceed three months if the circum
stances warrant such action. Such temporary licenae or tem
porary pe£mit shall be cancelled automatically and shall be
invalid when the applicant'·s license or permit has been
issued or the applicatio11 therefor has been denied.
4.0-t.060 Issuance of licenses and lermits. (a} Issuance,
Upon the approval by the appropriate off cer of a regular,
temporary, or probationary license or permit and upon the pay
ment of any applicable fee, the treasurer or his designee shall
issue and deliver to the applicant his license or permit. Such
license or permit shall contain the following information:
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(1) The name and address of the licensee or permittee.
(2) The name of the business or the trade name of any
product represented by the license or permit.
(3) A description of the business, occupation, or
activity engaged in.
(4) The address of the premises for which the license
or permit is issued, if any.
(5) The date of issuance.
(6) The date the license or permit is effective.
{7} The date cf expiration.
(8} The amount of the fee paid including penalties.
(9) The state vehicle license number and other
identifying description of the vehicle if the
business, occupation, or activity for which the
license or permit is issued is conducted from or
with such vehicle.
(10) When applicable, a designation that the license
or permit is temporary or probationary.
(b) Records. The treasurer or his desJ.gnee shall keep a
record of a"Il licenses and permits issued and all conditions
attached thereto.
, 4.04.070 Term; renewal; credit. (a) Term. A license
may be issued for a term of one day, one quarter; or one year,
as specified in this title, excepting temporary licenses which
may be issued for any period of time up to three months. one
day licenses shall expire at midnight on the day for which
they were issued. Unless otherwise specified in the provisions
covering a particular license, quarterly licenses shall expire
on March 31st, June 30th, September-30th, or December 31st, and
annual licenses shall expire on June 30th. -Permits may be
issued for the terms designated under the provisions of the
applicable chapter of this title.
{b) R~newal. Every application for the renewal of a
license or permit shall be made at least-fifteen days prior
to the expiration date of such license or permit.
(c) Credit. The treasurer shall collect the license or
permit fee in full for the original term specified. If·a
qua:t:"terly or annu•llicense is.issued for less than three months
or twelve months respectively, the treasurer, upon the renewal
of · ;.JUch license, shall allow a pro rata credit for that period
of time in the original term which preceded the date of issuance
of the license or permit. .-
4.04.080 Fees. (a) Debt to city. The amount of any
license or permrr-lee impose& under any section of this title
shall be deemed a debt owing to the oity at the time of the
commencement of the business, occupation, or activity requiring
such license or pe~it fee and payment thereof.
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(b) Delin~uent fees. All license and permit fees delin
quent for tfilrty days or more shall be subject to a charge of
fifty percent of the original fee, which charge shall be added
to the amount of the fee collected; provided, however, the
minimum charge shall be the sum of five dollars.
4.04.090 License and £ermit pot transferable. Unless
otherwise proviaed, no license or permit issued under the pro
visions of this title shall be assigned or transferred in any
manner, nor does it authorize any person other than the one
therein mentioned to engage in the business, occupation, or
activity for which such license or permit was issued.
4.04.100 Dis!lay of license and aerrnit. Each person
having obtained aicense or permit un er the provisions of
this title shall forthwith exhibit the same as required by
the provisions of the applicable chapter of this title or in
a conspicuous publiu location in the place of business for
which said license or permit is in effect. Any peddler,
solicitor, or other person who has no established place of
business in the city shall ca·r:Ly his license or permit and
shall exhibit the same when so requested when engaged in the
activity for which the license or permit was obtained.
4.04.110 Denial of a
And permit. (a Groun s. T e groun
denial of an applicat1on for a new or renewed license or per
mit or for the approval of a probationary license or permit
shall be ~lose specified in Section 4.04.140 of this chapter.
(b) Probationari license or permit. If the officer to
whom application haseen made has cause to deny the appli
cation, then he shall approve a probationary license or permit,
subject to conditions to be observed in the exercise of the
privilege granted, when such a probationary license or permit
is feasible and would not be detrimental to the public interest.
The conditions shall be in the public interest, shall be suit
able to the qualifications of the applicant as disclosed by
the application or the investigation thereof, -and shall be
rela_ted to the cause existing for the denial of t.he application.
(c) Denial or license or permit. If the officer to whom
application has been made nas cause fo deny the application
and determines that it would not be feasi~le or in the public
interest to approve a probationary license or permit, then he
shall deny the application~
(d) Transmittal of decision. The decision either to
issue a probationary "license or permit· or to deny the appli
cation shall be given to the applicant in writing, setting
forth specifically the ground or grounds upon which the
decision is based, the pertinent code section or sections,
arid a brief statement of the factual matters in support
thereof. The decision shall b~ mailed, postage prepaid,
addressed to the applicant at his last known.add~ess, or it
shall be delivered to the applicant personally.
(e) Ap~~al to city manager. Within ten days from the
deposit of t e decision in the mail or from its receipt by
•cthe applicant, whichever occurs first, the applicant may
appeal in writing to the city manager, setting forth with
particularity the ground or grounds for the appeal.
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\f) Hearing on apteal. The city manager shall set a
time and place for the earing on the appeal not later than
ten days from the date the appeal was received by the city
manager. The hearing shall be conducted in accordance with
the provisions of this chapter.
· (g) Disfosition of appeal. After the hearing on the
appeal, the CJ.ty manager may refer the matter back to the
originating officer for a new investigation and decision, may
affirm tile decision of the originating officer, may approve a
probationary license or permit as provided in this section, or
may approve the application with no conditions. The decision
of the city manager shall be final.
(h) Vehicles for hire. Tnis section shall not apply to
driver 1 s permits for vehicies for hire.
4.04.120 Reapplication after denial. An applicant whose
application for-a new or renewediicense or permit has been
denied may reapply for such license or permit after a period
of not less than one year has elapsed from the date such denial
was deposited in the mail or received by the applicant, which
ever occurs first. An earlier reapplication may be made if
accompanied by satisfactory evidence that the ground or grounds
for the denial of the application no longer exist.
4.04~130 Procedure for license and aermit violations.
~a) Grounds$ The ground or grounds for isciplinary action
against a licensee or permittee shall be those specified in
section 4.04.140 of this chapter.
(b) Notice of hearing. A notice of the hearing shall be
given to the licensee or permittee by the city manager in
writing, setting forth the time and place of the hearing, the
ground or. grounds upon which the hearing is based,-the pertinent
code section or sections, and a brief statement of the factual
matters in support thereof, The notice shall be mailed, postage
prepaid, add~essed to the licensee or permittee at his last known
address, o~ it shall be delivered to the licensee or permittee
personally, at least ten days prior to the hearing date.
(c) Hearin9 procedure:. The hearing shall be conducted in
accordance with the provisfons of this chapter.
(d) Suspension prior to heari~. Whenever the city manager
finds that the pUElic health or safety requires it, he immediately
may suspend any license or permit pending a hearing or a notice
of a hearing upon twenty-fou~ hours' written notice served in
the s~me manner as the notice of the hearinge
(e) Disposltion of the case.
(1) Disci~linary action. If the city manager; after ~e
hearing, finds nat''bause exists for disciplinary action, he shall
impose one of the following:
(i)
(ii)
(iii)
(iv)
A warning.
A revocation of the license or permit and
approval of a probationary licenss or permit.
Suspension of the license'or perr.it for a
specified period not to exceed six months.
Revocation of the .license or permit for a
s~ecified period not to exceed five years.
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( 2) Transmittal of decis:l.c~n, Within ten days of the hear
ing the city manager sfia!l ren~er his opinion in writing, stat
ing his findings and the action taken, if any. This opinion shall
be mailed, post~ge prepaid, to the licensee or permittee at his
last known address, or delivered to the licensee or permittee
personally.
(f) No appeal. The decision of the city manager shall
be final.
(g) Vehicles for hire, This section shall not apply to
driver's permits for vehicles for hire.
4.04.140 Grounds for denial, probation and disciElina~
action. An application for a license or perlhlt may be denied,
a probationary license or permit may be approved, and a licensee
or permittee may be subjected to disciplinary action for any of
the following causes arising from the acts or omissions of the
applicant, licensee, or permittee either before or after the
license or permit is issued or of his employee or agent:
{1) Fraud, misrepresentation, or false statement in
applying for a new or renewed license or permit,
(2) Fraud, misrepresentation, or false statement in con
ducting a business or occupation,
(3) Any relevant violation of this code.
(4} Conviction of any crime within the past five yea~s
where t..'le trait shown is inconsistent with carrying on the
business~ occupation, or ac::tivity for the benefit of the public,
(5) Conducting the business, occupatiol), or activity for
which the license or permit is issued in an unlawful, unjust,
or inequitable manner.
(6) Conducting the business, occupation, or ~ctivity for
which the license or permit is issued in a mannsr determined
to consti tu·te a menace to the health, safety, or general wel
fare of the public. Failure to correct objectionable condi
tions constit'-lting a public nuisance withi-n a reasonable time
after lawful notice from a qovernmen~al entity shall be prima
facie proof thereof. ,,,
(7) Failure to abide by the disciplinary action imposed
by the appropriate city officer.
(8) Beilig eonunitted or adjudged insane, mentally ill, or
incompetent by a court of competent jurisdiction until a sub
sequent adjudication ofcanpetenoy or restoration to capacity.
4.04.150 Hearing rules. All parties-involved shall have
the right to offer testlmonfal, dc>cUll!&ntary, and tangible
evidence bearing on the iasueEJ, to be represented by counsel,
and to confront.and cross-examine any witnesses against them.
Any hearing un~er this title may be continued for a reasonable
time for ~he convenience of a_ party or a· witness-.
4.04.160 Refund of fee. No refund or rebate of a lic£nse
or permit fee shall be alla~ed by-reason of ·the fact that the
licensee or permittee discontinues the activity prior to the
expiration of the term or that the license or permit is sus
pended or revoked prior to the expiration of the term.
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4.04.170
validation, or a n
vaiidatlon, or expiration of a license or permit issued under
this title shall not prevent any proceedings to investigate
such license or permit, any action to revoke or suspend such
license or permit, any disciplinary proceeding against such
licensee or permittee, or any disciplinary action against such
licensee or permittee.
4.04.180 Return of license and permit. In the event that
a license or permit issued under Ene provriions of this title
is cancelled, suspended, revoked, or invalidated, the licensee
or permittee shall forward it to the officer who issued it not
later than the end of the third business day after notification
of such cancellation, suspension, revocation, or invalidation.
4.04.190 Interstate commerce. (a) Every person claiming
to be entitled to e~.ernption frompayment of any license or per
mit fee provided for in this title, on the ground that such fee
casts a burden upon his right to engage in commerce with foreign
nations or among the several states, shall file an affidavit or
a declaration under penalty of perjury with the treasurer or his
designee describing the interstate or other character of his
business which entitles him to such exemption. Such affidavit
or declaration shall contain:
(1) Name and location of the company or firm for which
orders are to be solicited,
{2) Name and ad&:cess of the nearest local or state
manager.
(3) Kind of goods, wares or merchandise to be delivered
and the place from which t.he goods are to be shipped or for
wardedo
{4} Method of solicitation or taking orders.
{5) Location of any warehouse, factory, or plant within
the State of California~
(6) Method of deliverye
(7) Name and residence of-the applicant.
(8} Any other information which the applicant has
bearing on his claim of exemption.
(b) A copy of tha order blank, contract form, or other papers
used by the applicant in taking o;ders shall be attached to the
affidavit.
(c) A service char1e of two dollars shall be charged for
processing such applica~~on and shall be paid at the time of
filing the affidavit.· ·
(d) No such applicant shall receive the licena• or permit
without payment of the license or permit fee providecl,for in
this title unless a certificate of exemption shall first have
been issued to the applicant by the treasurer. In the event
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the treasurer shall refuse to issue such certificate the appli
cant may, within ten days after such refusal, appeal to the
city manager, who shall hear his appeal in accordance with
the procedure set forth in this chapter governing the refusal
of licenses.
4,04.200 Exern~tions. Unless otherwise expressly provided,
no license or parmi snail be required of any person conducting
any business, occupation, or activity which is carried on wholly
for charitable, educational, fraternal, political, recreational,
or religious purposes and from which profit is not derived,
directly or indirectly, by any individual, firm, or corporation."
SECTION 2, This ordinance shall become effective upon the
expiration of thirty days from its passage.
INTRODUCED: October 29, 1973
PASSED: Nov-ember 12, 1973
AYES: Beahrs, Clay, Comstock, Henderson, Norton, Pearson, RosenbaUlJl~ Sher
NOES: None
ABSENT~ Berwald
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APPROVED:
~.44 ;,.,&~-'h..
City Treasurer
APPROV.Il;:P:
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