CITY OF

HERMOSA BEACH

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MUNICIPAL CODE 
ON-LINE

 

 

BUSINESS LICENSES AND REGULATIONS

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Chapter 5.04

Business Licenses Generally

 

	5.04.010	Definitions.
	5.04.020	License required.
	5.04.030	Separate licenses for branch establishments--License to conduct business specified at location.
	5.04.040	Exemptions.
	5.04.050	Application--Issuance--Contents.
	5.04.060	License does not permit business otherwise prohibited.
	5.04.070	Affidavit--New license.
	5.04.080	Affidavit--Renewal license.
	5.04.090	Statements--Not deemed conclusive--City not precluded from collecting--Audit and verification by license collectors.
	5.04.100	Statements--Examination of books and records--Information confidential.
	5.04.110	Statements--Failure to file or correct.
	5.04.120	Determination of type or class of business.
	5.04.130	Debtor license--License not to be issued to debtor.
	5.04.140	Powers of license collector as to extension of time and waivers.
	5.04.150	Unexpired license heretofore issued.
	5.04.160	No license transferable--Amended license for changed location.
	5.04.170	Duplicate license.
	5.04.180	Posting and display of licenses.
	5.04.190	When licenses due and payable.
	5.04.200	Schedule of fees.
	5.04.220	Businesses not specified in this chapter.
	5.04.230	Annual cost of living adjustment of taxes.
	5.04.235	Apportionment of Taxes.
	5.04.240	Penalty for delinquencies.
	5.04.250	Penalty for commencement of business without license.
	5.04.260	Revocation and suspension of licenses.
	5.04.270	Revocation or suspension hearing.
	5.04.280	Refunds.
	5.04.290	Enforcement of chapter.[Business Licenses]
	5.04.300	Title is revenue measure.
	5.04.310	Appeals.
	5.04.320	License is debt.
	5.04.330	Remedies cumulative.
	5.04.340	Violations of business license regulations.

 

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5.04. 010   Definitions.

    For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the words and phrases used herein shall have the following meaning:
    "Business," as herein used, is intended to mean and shall be held and construed to mean and include business, trade, vocation, profession, craft, occupation, exhibition, show, enterprise, activity and calling of every kind and nature which is carried on for profit, or in which materials, commodities, goods, wares, merchandise or services are sold or offered for sale to the public.
    "Conduct" includes commence, conduct, transact, maintain, prosecute, practice, operate, manage and carry on.
    "Gross receipts" includes the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable or losses or other expenses whatsoever. Excluded from "gross receipts" shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; such part of the sale price of property returned by purchasers upon rescission of the contract or sale as is refunded in either cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected; that portion of the receipts of a general contractor which represent payments to subcontractors, provided that such subcontractors are licensed under this chapter, and provided the general contractor furnishes the collector with the names and addresses of the subcontractor and amounts paid each subcontractor.
    "License collector" includes city services officer, his assistant or deputies or other person to whom the duties under this chapter may be assigned by the city manager.
    "Person" includes all domestic and foreign corporations, associations, syndicated, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies and individuals transacting and carrying on any business in the city.
    "Premises" includes all lands, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.
    "Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, or eating establishment, which sells, or offers for sale, food or beverage to the public. (Prior code § 17-1)

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5.04. 020   License required.

    It is unlawful for any person to conduct 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.
    This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirements conflicts with applicable statutes of the United States 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 or of the state shall be liable for payment of the tax or fee imposed by this chapter. (Prior code § 17-2)

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5.04. 030    Separate licenses for branch establishments--License to conduct business specified at location.

    A separate license must be obtained for each branch establishment or location of the business conducted and for each separate type of business at the same location, and each license shall authorize the licensee to conduct 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 licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. (Prior code § 17-3)

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5.04. 040     Exemptions.

    Nothing in this chapter shall be deemed or construed to apply to any person conducting any business exempt from the payment of any license tax to municipal corporations by virtue of the constitution or statutes of the state or of the United States.

1. Disabled Veterans. No license tax payable hereunder shall be payable by any person who has received an honorable discharge or release from active duty in one of the United States armed services, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this state.
2. Charities. The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct any business from an institution or organization which is conducted wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any person, nor shall any license tax be required for the conducting of any amusement, entertainment, affair, occasion, undertaking or concert or any exhibition or lecture on scientific, historical, literary, religious or moral subject if the receipts of any such amusement, entertainment, affair, occasion, undertaking, concert, exhibition or lecture are to be immediately appropriated to any church or school or to any religious or benevolent or civic purpose within the city; nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, if the receipts of any such entertainment, dance, concert, exhibition or lecture are to be immediately appropriated for the proper and lawful purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any person; provided, however, that nothing in this section contained shall be deemed to exempt any such institution or organization from complying with the provisions of this code or any ordinances of the city requiring such institution or organization to obtain a permit from the council or proper board or officer to conduct, manage or carry on any such lecture, entertainment, dance, concert, exhibition, show or business.
3. Interstate Commerce. Every person claiming exemption from payment of any license tax provided for in this chapter upon the grounds that the imposition of such tax casts an undue burden upon his right to engage in commerce with foreign nations, or among the several states, or conflicts with the regulation of interstate commerce by the United States of America, shall file a verified statement with the license collector of the city disclosing the interstate or other character of his business entitling him to such exemption. Such statement shall state the name and location of the person 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, merchandise or services to be delivered or performed, the place from which the same are to be shipped or forwarded or the services performed, 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. The applicant shall also be required to furnish his fingerprints and thumbprints. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit. If in the judgment of the license collector, the applicant is entitled to such exemption, such applicant shall pay a fee to cover bookkeeping expenditures in an amount hereinafter set forth in Section 5.04.200. (Prior code § 17-4)

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5.04. 050    Application--Issuance--Contents.

    Every person required to have a license under the provisions of this chapter shall make application for the same to the license collector of the city, and upon the payment of the prescribed license tax the license collector 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 to be conducted; (4) the date of the expiration of such license; and (5) such other information as may be necessary for the enforcement of the provisions of this chapter. (Prior code § 17-5)

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5.04. 060     License does not permit business otherwise prohibited.

    The issuance of a license to any person shall not entitle the holder thereof to conduct any business unless he has complied with all the requirements of this chapter and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event such building or premises are situated in a zone, or locality in which conduct of such business is in violation of any law. Except, however, that licenses authorizing transient activities including transient sales, parades, sports tournaments, non-permanent filming activities, and special events shall not be deemed precluded within any area of the city by virtue of the zoning code. Transient activities are defined as temporary, non-permanent and of short duration. These transient activities do not constitute a permanent use of land, but rather, only a temporary activity. (Ord. 94-1108 § 1, 1994: prior code § 17.6)

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5.04. 070     Affidavit--New license.

1. Upon a person making application for a license to be issued hereunder for a newly established business, if the amount of the license tax to be paid by the applicant is measured by gross receipts, the applicant shall pay the minimum tax; provided however, the amount of the license tax so determined shall be tentative only. Such person shall, after ninety (90) days of operation, furnish the license collector information on an affidavit showing the actual gross receipts during the first ninety (90) days of business. The license collector shall then determine if any additional tax would be necessary to cover the time for which the license has been issued.
2. The license collector shall not issue to any such person a license for the same or any other business, until such person shall have furnished to him the written affidavit and paid the license tax as herein required. (Prior code § 17-7)

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5.04. 080     Affidavit--Renewal license.

    In all cases, the applicant for the renewal of a license shall submit to the license collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by the license collector, setting forth the amount of gross receipts from the operation of his business during the preceding calendar year. (Prior code § 17-8)

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5.04. 090    Statements--Not deemed conclusive--City not precluded from collecting--Audit and verification by license collectors.

    No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the license collector, his deputies, or authorized employees of the city, who are authorized to examine, audit and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license tax due. (Prior code § 17-9)

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5.04. 100    Statements--Examination of books and records--Information confidential.

    All licensees, applicant for licenses, and persons engaged in business in the city are required to permit an examination of such books and records for the purposes aforesaid.
    The information furnished or secured pursuant to this section or Sections 5.04.070 and 5.04.080 shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this chapter, in addition to any other penalties provided by law. (Prior code § 17-10)

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5.04. 110    Statements--Failure to file or correct.

    If any person fails to file any required statement within the time prescribed or if after demand thereof made by the license collector, he fails to file a corrected statement, the license collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain. (Prior code § 17-11)

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5.04. 120    Determination of type or class of business.

    In any case where a licensee or an applicant for a license believes that his individual business is not assigned to the proper classification under this chapter because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply to the license collector for reclassification. Such application shall contain such information as the license collector may deem necessary and require in order to determine whether the applicant's individual business is properly classified. The license collector shall then conduct an investigation following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. (Prior code § 17-12)

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5.04. 130     Debtor license--License not to be issued to debtor.

    No license for any ensuing, current or unexpired period shall knowingly be issued to any person who, at the time of making application for any license, is indebted to the city for any unpaid license tax required to be paid under the provisions of this chapter. (Prior code § 17-13)

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5.04. 140    Powers of license collector as to extension of time and waivers.

    In addition to all other powers conferred upon him, the license collector shall have the power for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the city council to compromise any claim as to amount of license tax due. (Prior code § 17-14)

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5.04. 150    Unexpired license heretofore issued.

    Where a license for revenue purposes has been issued to any business by the city, and the tax paid therefor under the provisions of any chapter heretofore enacted and the term of such license has not expired, then the license tax prescribed for the business by this chapter shall not be payable until the expiration of the term of such unexpired license. (Prior code § 17-15)

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5.04. 160    No license transferable--Amended license for changed location.

1. No license issued pursuant to any provision of this chapter shall be in any manner transferable.
2. A license issued authorizing a person to transact and conduct a business at a particular place shall be amended to authorize the transacting and conducting of such business under said license at a new location to which the business has been or is to be moved. (Prior code § 17-16)

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5.04. 170    Duplicate license.

    A duplicate license may be issued, with the consent of the license collector, to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the license collector a duplicate license fee in an amount fixed by resolution of the city council. (Prior code § 17-16.1)

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5.04. 180    Posting and display of licenses.

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

1. At a fixed place of business in the city the license shall be kept and posted in a conspicuous place upon the premises where such business is conducted.
2. Business not conducted from a fixed place in the city the license shall be kept at all times in the possession of the person while conducting the business within the city.
3. For the use of any vehicle a license tag or plate or other satisfactory means of identification shall be issued by the license collector. It shall be conspicuously attached to every vehicle, used in the conduct of the person's business within the city. The fee for such tag of plate or other satisfactory means of identification shall be as hereinafter set forth in Section 5.04.200.
4. For each coin-operated vending, cigarette, music and amusement machine a license tag or other satisfactory means of identification shall be issued by the license collector. Said identification shall be conspicuously attached to each such machine. (Prior code § 17-17)

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5.04. 190   When licenses due and payable.

    The duration of any license issued under the provisions of this chapter shall be limited as follows:

1. All annual license taxes shall be due and payable one year from the first day of the month in which issued.
2. Except as otherwise herein provided, licenses other than annual licenses required hereunder shall be due and payable as follows:
   1. Daily--in advance on each day.
   2. Seasonal--in advance of each season.
   3. All other--in advance. (Prior code § 17-18)

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5.04. 200    Schedule of fees.

1. Fees. The following fees are established to cover expenses of processing the following:

• Transfer license--ten dollars ($10.00).
• Duplicate license--five dollars ($5.00).
• Interstate commerce application processing--ten dollars ($10.00).
• Vehicle license tag, per vehicle--fifty cents ($0.50).

2. Taxes.

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Section 1. Classification A.

    Every person conducting a fixed place of business in the city shall pay an annual license tax as follows:

    Group 1: Automobile agency, used car dealers, boat dealers, manufacturers, jobbers, wholesalers, secondhand dealers--fifty dollars ($50.00) per year on gross receipts of ten thousand dollars ($10,000.00) or less, plus forty cents ($0.40) for each additional one thousand dollars ($1,000.00) of gross receipts, maximum of one thousand one hundred ($1,100.00) per annum.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 2: Every person in a business of a professional or semi-professional nature for which a state license is required for the conduct of such profession, including attorneys, income tax agents, auditors, accountants, architects, engineers, real estate brokers, chiropodists, dentists, opticians, optometrists, osteopaths, physicians, surgeons, veterinarians and any other professions not listed in this subsection, shall pay an annual license tax or each state-licensed person engaged in the business, and an additional license tax for each employee. Notwithstanding the foregoing, a licensed real estate broker or firm doing business in the city, but which real estate firm or broker does not have a local established business office within the city, shall pay only an annual license tax.
    A licensed person shall be considered an employee for this tax purpose if the employer does in fact withhold and pay federal income tax on said employee, and in addition thereto, pay to the state, as the laws may be applicable, unemployment and compensation insurance, and/or there is a contractual agreement. Otherwise, said licensed person shall be considered an independent contractor and shall pay the annual license tax set out hereinabove for a licensed person, except that a licensed real estate salesman shall be considered an employee. Unlicensed real estate canvassers shall be taxed to the broker as an employee under this section and shall further be required to comply with the provisions of Classification F of this section regulating the licensing of canvassers, solicitors, itinerant merchants, salesmen and peddlers.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 3: Public stenographer, telephone services, employment agencies, advertising agencies, public relations agencies, travel agencies, consultants not qualifying as Group 2 professionals shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 3.a: Telephone soliciting office and home occupations: every person engaged in the business of maintaining a telephone solicitation office or a home occupation shall pay an annual license tax and an additional license tax for each employee or person, including those employees or persons using the telephone to obtain orders or sales or to disseminate information, whether said person shall be an employee or independent contractor. Home occupations require compliance with the regulations set forth in Section 17.08.020.F .  (Ord. 00-1197 §5 part, 01/11/00)
    Group 4: Private detective, watchman service with a fixed place of business in the city or rendering a service within the city; loan company; escrow company shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 5: Sale or rental of beach equipment, including tents, umbrellas, water sports equipment shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 6: Dancing studio, studio of music, music lessons, bridge lessons, art studio, swim schools and nursery schools shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 7: Barbershops, manicuring, facial massage, beauty parlors, cosmetic skin treatment and establishments where massage services are offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment, shall pay an annual license tax and an additional license tax for each operator other than the owner. Tattoo/body piercing studios require compliance with the regulations set forth in Section 17.26.070.
    Group 8: Bathhouse or plunge shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 9: Auto or boat parking or storage lot shall pay an annual license tax for four thousand (4,000) square feet or less of area; an additional license tax will be added for each additional one thousand (1,000) square feet of area. This will not apply when this type of lot is part of and associated with another business activity.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 10: Auto trailer or mobile home park shall pay an annual license tax per space with a minimum annual license tax amount imposed.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 11: Shoe shining business shall pay an annual license tax and an additional license tax for each operator.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 12: Confectionery, candy, popcorn concessions operated in the foyer or lobby of theaters, places of amusements or public buildings shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 13: Public utility companies operating in city and holding no franchise from city under the provisions of state laws shall pay an annual license tax and an additional license tax for each employee working from an established space of business within the city.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 14: Advertising by means of searchlight, skylight, klieg light, portable flood light or any other such lighting device shall pay an annual license tax or a daily license tax for the use of each such light. Every person applying for such license shall first have obtained a special permit from the chief of police.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 15: Placing of benches for advertising purposes adjacent to public streets or places shall pay an annual license tax for the first twenty (20) benches plus an additional license tax for each additional bench.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 16: Checkroom for storage of parcels or wearing apparel, etc., for compensation shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 17: Hotel, motel, rooming house, boardinghouse, lodging house, apartment house, or any other accommodations for dwelling, sleeping or lodging containing three or more accommodations shall pay an annual license tax. Owner-occupied units are exempt from payment of the fee.
    Upon application for a business license for rental units as required by this code:

1. The applicant shall sign an agreement under penalty of perjury that to the best of the applicant's information and belief, the rental of the units for which the license is granted is conducted in accordance with all applicable city rules and regulations.

2. Said business license permit shall also include a statement, executed by the property owner, that the granting of this license is for revenue purposes only and is not a consent of the city to grant to the owner any rights in the conducting of the business of rental units that are not otherwise granted by city laws, rules or regulations and that the granting of the license is not to be considered by the owner as a waiver by the city of its rights to enforce any violation of certain laws, rules or regulations at any time.

3. Upon the granting of a license for the conducting of the business of rental units, a copy of said license shall be forwarded to the building department for review with city records to determine if the licensed premises conform according to city records, to all laws, rules and regulations of the city.

4. In the event that the building department determines a violation, according to city records, of any law, rule or regulation of the city exists, then the property owner shall be informed of the apparent violation and advised of any administrative hearings available to the owner to cause the rental units to conform to city laws, rules and regulations and further informing the owner that any enforcement by the city of such law, rule or regulation may, because of the lack of adequate personnel, be delayed but that such delay is not to be considered by the applicant as a waiver by the city of the enforcement of said laws, rules or regulations.

5. The failure of the building department to give the notice required by subdivision (d) above shall not be grounds for the applicant to fail to comply with each law, rule or regulation of the city.  (Ord. 00-1197 §5 part, 01/11/00)

    Group 18: Publishing a newspaper, newspaper agency shall pay an annual license tax.   (Ord. 00-1197 §5 part, 01/11/00)
    Group 19: Special or seasonal sales, when not in connection with a fixed place of business shall pay a license tax per season per location.  (Ord. 00-1197 §5 part, 01/11/00)
    Groups 20--21 Reserved .
    Group 22: Laundry or similar business where the public may leave their wash to be done--seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 23: Launderette, laundromats or dry cleaning on the premises by individual machines, where a charge is made through a coin-operated slot or on a flat fee basis--seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus eighty-five cents ($0.85) for each additional one thousand dollars ($1,000.00) of gross receipts, plus two dollars and fifty cents ($2.50) for each machine.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 23.a: Coin-operated washer and dryer equipment not owned by the proprietor in apartment houses, hotels, motels and other similar accommodations for dwelling, sleeping or lodging--Every person engaged in the business of renting, leasing or operating laundry equipment not otherwise specifically covered by this chapter on premises mentioned above shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within the city.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 24: Hospitals, sanitariums and rest homes, mortuaries, animal hospitals--seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus eighty-five cents ($0.85) for each additional one thousand dollars ($1,000.00) of gross receipts.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 25: Selling or offering for sale to the public at retail any materials, commodities, goods, wares or merchandise, such as auto parts, food stores, bakery, garages, service stations, drug stores, florists, furniture, printing shops and all other similar, kindred or related operations for which a business license tax is not otherwise specifically mentioned above--one hundred dollars ($100.00) per annum on gross receipts of twenty thousand dollars ($20,000.00) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 26: Telephone companies operating in the city and holding no franchise shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts.  (Ord. 00-1197 §5 part, 01/11/00)

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Section 2. Classification B.

    Every person conducting a fixed place of business in the city shall pay a license tax. The amount of the license tax is set forth in the schedule of taxes except as is otherwise provided herein.  (Ord. 00-1197 §5 part, 01/11/00)

    Group 4: Auto wrecking and dealers in junk shall pay an annual license tax. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 5: Animal show--Trained--shall pay a license tax per day.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 6: Bowling alleys shall pay an annual license tax per year and an additional license tax per alley. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.68.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 7: Dancehall or dance floor shall pay an annual license tax for five thousand (5,000) square feet of floor space or less, plus an additional tax for each additional square foot. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.36.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 8: Massage therapy, practicing physiotherapy, health and physical culture establishments shall pay an annual license tax plus an additional license tax for each operator. Issuance of a business license for an independent Massage Therapy business requires prior approval of a Conditional Use Permit and compliance with the licensing requirements of Chapter 5.74.   (Ord. 00-1197 §5 part, 01/11/00;  Ord. 97-1173 §1, amending, 08/12/97)
    Group 9: Dealer in new or used machinery for resale shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 10: Selling or offering for sale stocks of machinery, goods, wares or merchandise advertised as bankrupt, sheriffs, assignee's, trustee's, creditor's, receiver's or special sale of damaged goods shall pay an annual license tax. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60 .(Ord. 00-1197 §5 part, 01/11/00)
    Group 11: The following shall pay an annual license tax:

1. Vaudeville shows and legitimate theaters.
2. Entertainment not in conjunction with a bar or restaurant serving alcoholic beverages.

Issuance of a business license requires prior approval of a Conditional Use Permit.  (Ord. 00-1197 §5 part, 01/11/00)

    Group 12: Motion picture production not operating from a fixed place of business in the city shall pay a license tax per thirty (30) day period. Issuance of a business license compliance with the permit requirements of Section 12.28.130.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 13: Motion picture production shall pay a license tax per quarter.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 14: Pawnbrokers shall pay a license tax per quarter. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60 .   (Ord. 00-1197 §5 part, 01/11/00)
    Group 15: Pool and billiard parlors shall pay an annual license tax plus an additional license tax for each pool or billiard table. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.68.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 16: Taxicabs and autos for hire shall pay an annual license tax for the first vehicle, plus an additional license tax for each additional vehicle. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.72.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 17: Tent shows, transient and other theatrical exhibitions of skill, physical and mental strength or ability, art or science shall pay a license tax for the first day plus an additional license tax for each additional day. Issuance of a business license requires prior approval of a Conditional Use Permit or a Special Permit issued pursuant to Section 12.12.070.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 18: Processions, parades, etc., in connection with any amusement or other enterprise operated for profit shall pay a license tax for each such procession. Issuance of a business license requires prior approval of a Special Permit issued pursuant to Section 12.12.070.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 19: Dating bureaus, compatibility matching services and other advisory or counseling service related to heterosexual behavior and activities shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 20: Specialty shop: retail or service specialty establishments purveying primarily apparel, curios, artifacts, footwear, artistic materials, and related items--one hundred dollars ($100.00) per annum on gross receipts of twenty thousand dollars ($20,000) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts.  (Ord. 00-1197 §5 part, 01/11/00)

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    Group 21: Restaurants: any restaurant where food or beverages are sold or offered for sale for consumption on or off the premises, but wherein no beer, wine, or liquor is sold or offered for sale for consumption shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 22: All restaurants serving beer and/or wine shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit or compliance with Section 17.26.060 as applicable.
    Group 23: All restaurants serving distilled spirits shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 24: All cocktail bars shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 25: All beer and/or wine bars shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Per  (Ord. 00-1197 §5 part, 01/11/00)
    Group 26: Motion picture theaters--one hundred dollars ($100.00) for the first twenty thousand dollars ($20,000.00) of gross receipts per annum plus one dollar and fifty cents ($1.50) for each additional one thousand dollars ($1,000.00) of gross receipts per annum. Issuance of a business license requires prior approval of a Conditional Use Permit.  (Ord. 00-1197 §5 part, 01/11/00)

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3. Classification C.

    Each general building or engineering contractor shall furnish the license collector with a list of all subcontractors upon forms furnished by the license collector prior to obtaining inspection of the work performed by such subcontractors. It shall be the responsibility of every general building and engineering contractor to require subcontractors under his control or direction to obtain a business license as herein provided and pay a license tax in an amount set forth in the schedule of taxes before permitting the subcontractor to begin or perform services for the general building or engineering contractor. Every person engaged in the business of contracting and/or subcontracting shall be required to have a city license for doing the type of work authorized before obtaining a city building permit. The license tax shall be in an amount set forth in the schedule of taxes.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 1: Every person engaged in business or acting as a general or engineering contractor (B or A); plumbing contracting (C-36); electrical contractor (C-10) shall pay an annual license tax.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 2: Every person engaged in business or acting as a subcontractor per classification established by state contractors board as set forth under the group in the Municipal Code, and other contractors that do jobs less than two hundred dollars ($200.00) in value shall pay an annual license tax.
    Each general building contractor shall furnish the license collector with a list of each subcontractor upon forms furnished by the license collector.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 3:

1. Every person acting as an owner-builder who builds any building or structure for the purpose of sale or as rental units, (i.e., three or more units) shall pay an annual license tax.
2. It shall be the responsibility of every owner-builder to require all subcontractors under his control or direction to obtain a business license as herein provided before permitting such subcontractor to begin work or perform any service for the owner-builder. Each owner-builder shall furnish the license department with a list of subcontractors, as mentioned above, prior to the starting of any work. It shall be the responsibility of every owner-builder to determine that all subcontractors have obtained a proper business license before such owner-builder shall request and/or receive any city building department inspection.
3. The license tax provisions for owner-builder shall not apply when a one- or two-family dwelling being built is on property owned by the owner-builder and such building or structure is for the use of the owner-builder, except that all subcontractors shall comply with the provisions of subdivision (b) of this subsection.

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4. Classification D.

   Every person engaged in the business of trading in, selling, or offering for sale any materials, commodities, goods, wares or merchandise by means of any vehicle or delivery of same after order, or any person operating a delivery service for the delivery of any materials, commodities, goods, wares or merchandise by means of any vehicle, except for carriers of household goods as defined in Public Utilities Code Section 5109, for-hire motor carriers of property as defined in Revenue and Taxation Code Section 7232(c) and carriers of goods transported via air and subsequently delivered directly by vehicle, shall pay a license tax in an amount set forth in the schedule of taxes.  (Ord. 00-1197 §5 part, 01/11/00; Ord. 99-1196, §1, 12/14/99)
    Group 1: Wholesale deliveries, express or transfer business shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 2: Retail deliveries, when not in connection with a fixed place of business within the city shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 3: Swimming pool maintenance service shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 4: Installation and maintenance of portable toilets shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 5: Installation, servicing, maintaining alarm service shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 6: Window cleaning, building cleaning, or carpet cleaning shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 7: Television, radio repair service, or appliance repair service shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 8: Lawn service, gardening service, landscaping service shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 9: Reserved.
    Group 10: Any lunch wagon or catering truck in or upon any public street or entering upon any private property from a public street shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 11: All other vehicles not otherwise specifically mentioned in this classification shall pay an annual license tax per vehicle.  (Ord. 00-1197 §5 part, 01/11/00)

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5. Classification E.

    It is unlawful for any person to distribute, maintain, operate, rent or furnish on a percentage or commission basis, or otherwise, without first having obtained a license to do so, in any business established or place within the city, any such music or amusement machine, cigarette machine, and vending machine. The license tax shall be in an amount set forth in the schedule of taxes. Every person required to have a license by the provisions of this chapter shall file with the license collector a list of all the coin-operated machines placed within the city by or for such person, giving the exact location, type and number of such machines.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 1: Music and amusement machines: every person engaged in the business of operating any amusement or music machine, not otherwise specifically covered by this chapter, whether coin-operated or not, whether such operation is incidental to some other business being operated on the premises or whether such operation constitutes an amusement arcade, shall pay an annual license fee for each music or amusement machine.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 2: Cigarette machines: every person engaged in the business of operating any cigarette vending machine not otherwise specifically covered by this chapter where such operation is incidental to, or in conjunction with, some other business being operated on the particular premises shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000) or less, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within this city  (Ord. 00-1197 §5 part, 01/11/00)
    Group 3: Vending machines: every person engaged in the business of operating any vending machine, vending any service or product, and not specifically covered by this chapter, where such operation is incidental to, or in conjunction with, some other business being operated on the particular premises shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within this city.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 4: Exemption where cigarette machine and/or vending machine owned by proprietor of business located within city: A proprietor of a business located within the city having as a part of that business a cigarette machine and/or vending machine owned by said proprietor shall, upon proof of ownership, be issued a no fee license. Gross receipts of all cigarette and/or vending machines owned by the proprietor shall be included in the total gross receipts of said business.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 5: Liability for payment of license fee and confiscation of unlicensed machines: where a coin-operated machine is subject to the licensing provisions of this chapter, any person owning or in possession of said machine where located shall be responsible for the licensing of said machine. No person shall keep or maintain upon his premises any coin-operated machine for which no license has been obtained and upon which no license or decal has been posted. Where the person in possession of the premises upon which an unlicensed coin-operated machine is located refuses to obtain a license for the same on the basis that the machine is not owned or possessed by him, the license collector or his authorized deputy or agent shall remove said machine to the city hall and shall place the same in storage until claimed by the rightful owner thereof. Said machine shall be delivered to the rightful owner upon payment of moving, storage and accrued business license charges.
    All coin-operated machines located in the city shall have prominently displayed on them the name, address and telephone number of the owner of said machine.  (Ord. 00-1197 §5 part, 01/11/00)

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6. Classification F.

     Every person canvassing, soliciting or performing personal and miscellaneous services from house-to-house or place-to-place, or peddling, or selling books, magazines, photographs or any other product, device, merchandise or material from house-to-house or place-to-place either residential or business, except as otherwise herein provided shall obtain a business license and pay a license tax in an amount set forth in the schedule of taxes.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 1: Living outside the city--shall pay an annual license tax per individual.  (Ord. 00-1197 §5 part, 01/11/00)
    Group 2: Living inside the city and having proof of six (6) months' residence shall pay an annual license tax per individual. (Ord. 00-1197 §5 part, 01/11/00; Ord. 97-1173 §1, amending, 08/12/97; Prior code § 17-19)

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5.04. 220     Businesses not specified in this chapter.

    Every business not specified in this chapter shall pay an annual license tax equal to the tax payable by the business category most comparable as determined by the license collector, plus annual cost of living adjustments as provided for by Section 5.04.230.

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5.04. 230  Annual cost of living adjustment of taxes.

    Taxes imposed in this Title on a basis other than a percentage of gross receipts shall be adjusted on an annual basis using the percentage increase in the cost of living as calculated by the United States Bureau of Statistics for the Los Angeles-Anaheim-Riverside Standard Metropolitan Statistical Area.

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5.04. 235  Apportionment of Taxes.

    When, by reason of the provisions of the Constitution of the United States or the Constitution of California, the business tax imposed by this Chapter cannot be enforced without there being an apportionment according to the amount of business done in the City, the Tax Administrator shall promulgate such rules and regulations for the apportionment of the tax as are necessary or desirable to overcome the constitutional objections. Nothing in this Chapter shall be construed as requiring the payment of any tax for engaging in a business or the doing of an act when such payment would constitute an unlawful burden upon or an unlawful interference with interstate or foreign commerce, or which payment would be in violation of the Constitution of the United States or the Constitution of the State of California.

5.04. 240  Penalty for delinquencies.

    To every license tax mentioned or provided for in this chapter remaining unpaid following its date of expiration, there shall be added a penalty of ten percent of the amount of such tax, and an additional five percent penalty shall be added each thirty (30) days thereafter until paid, not to exceed a maximum of seventy (70) percent per twelve (12) month period or one thousand dollars ($1,000.00) whichever is less. Said penalty shall be collected and the payment thereof shall be enforced in the same manner as other taxes are collected and the payment thereof enforced. (Prior code § 17-20)

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5.04. 250     Penalty for commencement of business without license.

    Any person who carries on any business without first having obtained a license therefor shall pay a penalty of ten percent of the prescribed license tax, and an additional five percent penalty shall be added each thirty (30) days thereafter until paid, not to exceed seventy (70) percent per twelve (12) month period or one thousand dollars ($1,000.00) whichever is less. Said penalty shall be collected and the payment hereof shall be enforced in the same manner as other license taxes are collected and payment thereof enforced. (Prior code § 17-20.1)

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5.04. 260    Revocation and suspension of licenses.

     Any license issued under the provisions of this title is issued and used by all parties receiving or using the same subject to the express condition that the city council may revoke or suspend the license or impose new conditions in any of the followings instances:

1. Where the city council finds and determines that the preservation of the public health, safety and peace demand revocation of such license or permit;
2. Where the licensee or permittee has violated any provisions of this code, any ordinance of the city or any other provision of law;
3. Where a permit or license has been granted on false or fraudulent evidence, testimony or application;
4. Where the licensee or permittee has violated the terms and provisions of such license or permit;
5. Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them; or
6. The business has been conducted as to be a public nuisance;
7. By the license collector, where the licensee has failed to pay the charges imposed by this chapter or to file reports as required by this chapter within sixty (60) days after such charges or reports become delinquent. (Prior code § 17-21)

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5.04. 270     Revocation or suspension hearing.

    No license shall be revoked without giving the holder thereof an opportunity to appear before the city council and be heard in his own behalf. The city council or city manager may initiate such revocation proceedings and shall cause a notice of such hearing to be given to the holder of such license at the address set forth in the license application of the time and date of the hearing at least ten calendar days before the hearing. At the time set for the hearing or at the date to which the hearing may be continued by the city council, the holder of the license may be heard and may present any facts to show why such license should not be revoked, and the city council shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked, and may, if it so desires, place under oath and question any person before it. At the close of the hearing, or at any time within thirty (30) days thereafter, the city council shall determine from the facts produced at the hearing, and from any other facts in its possession whether or not the license should be revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the city council deems for the public good. On the revocation of the license, all license fees shall be forfeited to the city. Notice of such revocation shall be given to the license holder by the city clerk. A license may be suspended for such time and subject to such conditions as the city council may impose in the same manner and for the same reasons that a license may be revoked. From and after the revocation or suspension of said license by the city council, such license shall be null and void and no business shall be conducted or operated in any manner during any period of license revocation or suspension. (Prior code § 17-21.1)

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5.04. 280     Refunds.

    Any license tax or portion thereof, or any penalty hereafter paid more than once, or paid illegally, erroneously or wrongfully paid or collected under this or any ordinance of the city requiring the payment of a license tax, may be refunded upon approval by the license collector; provided, that a claim therefor, duly certified by the person paying such tax or penalty, or his authorized representative, agent or attorney, shall have been filed with the license collector within six months after the date of such payment of the amount sought to be refunded. Such claim shall include the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reasons or grounds upon which the claim for refund is based.
    Any license tax or portion thereof, or any penalty paid hereunder, on a business which is discontinued before the expiration of the license period shall be forfeited. (Prior code § 17-22)

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5.04. 290    Enforcement of chapter.[Business Licenses]

It shall be the duty of the license collector to enforce each and all of the provisions of this title, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the license collector and the city manager. The license collector in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine all places of business in the city to ascertain whether or not the provisions of this title have been complied with.

The license collector, his deputies, all police officers, and inspectors of the fire and building departments are hereby appointed as business license inspectors in addition to their other duties, and shall have and exercise the power to enter any place of business for which license is required by this title and to demand the exhibition of the license for the current year by any person engaged or employed in the transaction of the business and if such person shall then and there fail to exhibit the license, the licensee shall be liable to the penalty provided in this title for a violation of this title. It is made the duty of such officers and inspectors to notify the license collector, in writing, of any person violating any of the provisions of this title. The license collector may, with the prior consent of the city council, deputize a qualified accountant to examine the necessary books and records of any person doing business in the city.

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5.04. 300    Title is revenue measure.

    The purpose of this chapter is solely to raise revenue for municipal purposes and is not intended for regulation. (Prior code § 17-24)

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5.04. 310    Appeals.

    Any person aggrieved by any decision of the license collector with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal with the city manager. The city manager shall thereupon fix a time and place for hearing such appeal. Notice shall be given to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Hermosa Beach, California, postage prepaid, addressed to such person at his last known address. The council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provisions of this title. (Prior code § 17-25)

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5.04. 320     License is debt.

    The amount of any license tax and penalty imposed by the provisions of this title shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction, for the amount of any delinquent license tax and penalties. (Prior code § 17-26)

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5.04. 330    Remedies cumulative.

    The conviction and punishment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license tax due and unpaid at the time of such conviction, nor shall the payment of any license tax prevent prosecution for the violation of any of the provisions of this title. All remedies prescribed hereunder shall be cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this title. (Prior code § 17-27)

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5.04. 340    Violations of business license regulations.

It is a violation of this chapter to knowingly make a false statement in any application for a license or permit or in any report required under this chapter. A violation of this chapter is subject to the administrative penalty provisions of chapter 1.10. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation

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