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5.04.010 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. Application of Terms. The use of or reference of the title of any officer, or employee, or any office or ordinance, means such officer, employee, office or ordinance of the city or their designee, unless otherwise specifically designated.
B. For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:
1. “Business” means all professions, crafts, trades, occupations and callings of every kind and nature which are carried on for profit, or in which materials, commodities, goods, wares, merchandise or services are sold or offered for sale to the public.
2. “Gross Receipts”. means, eExcept as otherwise specifically provided in this title, the gross receipts of the calendar year preceding the beginning of the annual license period and is defined as follows: The total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sale of materials, commodities, goods, wares, merchandise or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included, and this chapter shall not be construed to impose any tax upon any business or transaction which the city is not authorized to license or tax under any law of the state or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold and returned by the purchaser to the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining the gross receipts under this chapter.
3. “Instrumentality” means every device other than a vehicle in, upon, or by which any person or property is or may be carried, moved or conveyed, in ATTACHMENT 2
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connection with the operation of any business as that term is used in this chapter.
4. “License” means the certificate issued by the Ffinance Ddirector after payment of the license fee as hereinafter set forth. “License” and “license certificate” are used in this chapter synonymously and interchangeably and shall be so construed.
5. “Licensee” means the person or entity issued a license or license certificate by the Finance Director.
6. “Permit” means the right to operate, carry on, conduct or maintain the particular business for which a permit is required under this chapter which right shall be evidenced by a permit form issued by the city clerk after the same is authorized by the city council as provided in Chapter 5.08.
7. “Street-faire/special event” means an event, sponsored by an organization, consisting of not less than ten vendors offering for retail sale handmade items, textiles, ceramics, paintings, sculptures, agricultural produce, refreshments, prepared food, beverages and other such items which are commonly offered for sale at events of a similar nature. At any streetfaire/special event the sponsoring organization may provide live entertainment.
8. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
5.04.320 Criminal conduct.Revocation.
A. Except as otherwise provided in this section, conviction (including pleas of guilty and nolo contendere) of a felony shall be prima facie disqualification of an applicant for the following city licenses or permits: taxi driver’s permit, private security officer’s permit, and card room license.
B. The city licensing authority, however, may disregard such conviction if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the city licensing authority shall consider the following factors:
1. The type of business license or permit for which the person is applying; ATTACHMENT 2
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2. The nature and seriousness of the offense;
3. The circumstances surrounding the conviction;
4. The length of time elapsed since the conviction;
5. The age of the person at the time of the conviction;
6. The presence or absence of rehabilitation or efforts at rehabilitation;
7. Contributing social or environmental conditions.
C. The city licensing authority shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application.
D. An applicant who is disqualified for a city business license or permit under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the city council within ten days of the date of the notice of disqualification. The city council shall hear and determine the appeal within ninety days after it is filed. The determination of the city council on the appeal shall be final.
E. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the city are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this section: city manager, assistant city manager, city attorney, and police chief.
A. The Finance Director may revoke a business license issued for any of the following reasons:
1. The licensee fails to comply with the provisions of this chapter;
2. The licensee makes any false statement or material misrepresentation of fact within their business license application;
3. The licensee fails to notify the Finance Director within ten business days of any material changes to the facts provided in a license application subsequent to the issuance of a business license;
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4. The licensee fails to comply with the permitting requirements associated with the business license sought or obtained by the licensee, such permitting programs include the following:
i. Firearm Sales
ii. Fire Sales
iii. Home Occupation
iv. Massage
v. Mobile Food Vendor
vi. Sidewalk Vending
vii. Private Patrol Operators and Protection Dog Operations viii. Solicitor and Peddler
ix. Any other permit listed under Title 5 of the Manteca Municipal Code;
5. The licensee’s business is not properly zoned;
6. If the licensee fails to obtain or provide a Certificate of Occupancy for the parcel or building the licensee’s business operates from;
7. The licensee fails to comply with the provisions of Title 8 of the Manteca Municipal Code;
8. The licensee fails to obtain other state or federally required licenses, permits, insurance, and/or certifications in order to operate their business;
9. The licensee or their representative is convicted of a felony. However, as to this particular sub-section, the Police Chief shall recommend revocation to the Finance Director. The Police Chief may disregard such a conviction if it is found and determined by the Police Chief that mitigating circumstances exist. In making such determination, the Police Chief shall consider the following factors:
i. The type of business license or permit for which the person is applying;
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ii. The nature and seriousness of the offense;
iii. The circumstances surrounding the conviction;
iv. The length of time elapsed since the conviction;
v. The age of the person at the time of the conviction; vi. The presence or absence of rehabilitation or efforts at rehabilitation; vii. Contributing social or environmental conditions.
B. Pursuant to Section 11105 of the California Penal Code, the following officers, and their chosen designees, of the City are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this section: City Manager, Assistant City Manager, City Attorney, and Police Chief.
C. The revocation of a business license shall be effective on the date the Finance Department sends notice of the revocation to a licensee under this provision, which may be effectuated through regular mail, certified mail, or electronic mail.
Such notice shall be in writing and delivered personally or mailed to the licensee at the address shown on the business license application.
D. A licensee whose business license has been revoked under this provision may appeal such determination of revocation. Such appeal shall be in writing and filed with the City Clerk’s Office within ten days of the date of the delivery of the notice of revocation. The City Attorney shall oversee a process consistent with Section
1.10 of this Municipal Code (including the appointment of a Hearing Officer) to hear and determine the appeal within thirty calendar days after it is filed. The determination of the Hearing Officer on the appeal shall be final, and consistent with Code of Civil Procedure Sections 1094.5 and 1094.6.