Appendix 2512. LICENSE REQUIRED

a
Business License Application

Applicants for City business licenses required by this Article shall obtain an application form from the Director.

b
License Tax Imposed

There are hereby imposed upon the businesses specified in this Chapter license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business in the City without first having procured a license from the City to do so, or without complying with any and all applicable provisions of this Chapter. Vendors, contractors, and similar businesses that provide work or services to the City under a City contract or agreement shall also comply with any and all applicable provisions of this Chapter.

c
Certain Businesses Exempted

Subsection (b) shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States of America or of the State.

Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States of America or of the State shall be liable for the payment of the tax imposed by this Chapter.

There shall be exempt from the provisions of this Chapter the business of any express corporation, freight forwarder, motor transportation broker, or person or corporation owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the Public Utilities Commission of the State of California, which consists of the transportation of property and every service performed in connection therewith, other than where the origin point and the destination point of such transported property are within the boundaries of the City of Tustin. Services not directly related to the transportation of property, such as gasoline delivery, retrieval of keys from locked vehicles, and repair of broken windows shall not be exempt from the provisions of this Chapter.

The following are exempt from the requirement to obtain a business license:

(1)

Small family day care homes.

(2)

Residential community care facilities serving six (6) or fewer individuals.

d
Branch Establishments

A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license, provided that warehouses and distributing plants used in connection with and incidental to a business located in the City and licensed under the provisions of this Chapter shall not be deemed to be separate places of business or branch establishments.

e
Issuance of License

Every person required to have a license under the provisions of this Chapter shall make application to the Director in such form as the Director shall designate, and upon payment of any applicable business license application processing fee and a prescribed license tax, the Director shall issue to such person a license which shall contain:

(1)

The name of the person to whom the license is issued,

(2)

The business licensed,

(3)

The place where such business is to be transacted and carried on,

(4)

The date of expiration of such license, and

(5)

Such other information as the Director may deem reasonable or necessary for the enforcement of the provisions of this Chapter.

All information specified to be set forth on any application form prescribed by the Director shall be submitted completely and accurately and the license subsequently issued shall be based upon the information submitted. Any license shall be deemed based upon the application on file, and if the information is incomplete or inaccurate, the license shall be deemed invalid. If information submitted in an application subsequently becomes incomplete or inaccurate by reason of a change in circumstances, the license shall thereafter be deemed invalid. Upon the Director's learning of any inaccuracy or incompleteness, notice shall be given forthwith to the licensee, at the address shown on the license, that the license is invalid. If the address shown on the license is known to be inaccurate due to a change in circumstances, notice may be given to the licensee at any address deemed appropriate by the Director.

f
Investigation of Application

The Director shall make such investigations and inspections required for particular businesses as may be necessary and may designate investigations and inspections to be made by other departments in accordance with the following general guides:

(1)

The Building Division shall review applications involving a change of occupancy of any portion of a building and in such other circumstances as may involve questions of compliance with building, electrical, plumbing, or other construction codes.

(2)

The Orange County Fire Authority shall review applications which involve businesses or premises which may constitute substantial fire risks, hazardous materials, or any risks of serious danger to human life or property.

(3)

The Police Department shall review applications for businesses which may affect public morals, involve substantial danger of fraud or deception, pose unusual police problems, may involve the handling or receiving of stolen goods to a higher degree than usual, tend to affect traffic control, involve public assembly, include police-type functions, or otherwise substantially affect public safety. If the Police Department, in the person of the Chief of Police or his or her designated representative, determines that it is reasonable or necessary, it may require fingerprinting and photographing of a proposed licensee, and any or all of its officers, partners, owners, managers, or employees.

(4)

The Orange County Health Department shall review applications for businesses which involve the preparation, storage or sale of food or drink, except in sealed containers.

(5)

The Water Operations Division of the City's Public Works Department shall review applications for businesses which involve the use of water in manufacturing or processing.

(6)

Other departments, agencies, or officers shall review applications when the proposed business poses special problems dealt with by such department, agency, or officer.

g
Appeal from Decision of the Director

Any person may appeal any decision of the Director in accordance with Section 9294 of this Code.

h
Licenses Not Transferable

No license issued pursuant to this Chapter shall be transferable, provided that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefore, have the license amended to authorize the transacting and carrying on of such business under such license at some other location to which the business is or is to be moved.

i
Duplicate Licenses

A duplicate license may be issued by the Director to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing a statement of such fact.

j
Posting and Display of License

All licenses must be kept and posted in the following manner:

(1)

Any licensee transacting and carrying on business at a fixed place of business in the City shall display the license in a conspicuous place upon the premises where such business is carried on.

(2)

Any licensee transacting and carrying on business, but not operated at a fixed place of business in the City, shall keep the license upon his or her person at all times while transacting and carrying on such business.

(3)

All vehicles licensed by the City shall have a sticker issued by the City placed in a conspicuous place upon such vehicle at all times.

(4)

All vending machines licensed by the City shall have a current sticker issued by the City placed upon such vending machine at all times in a conspicuous place. Any and all machines not having such required current sticker shall be subject to impoundment by the Chief of Police.

(Ord. No. 1270, Sec. II, 4-21-03; Ord. No. 1366, Sec. 1, 11-17-09)