Victorville City Council
November 18, 2025

ATTACHMENT A
Ordinance No. 2459

ORDINANCE NO. 2459

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING CASE PLAN25 -00016, AN AMENDMENT TO CHAPTER 7 (BUSINESS LICENSE) OF TITLE 16 OF THE VICTORVILLE MUNICIPAL CODE

WITH AN ENVIRONMENTAL EXEMPTION , AND ADOPTING VARIOUS
CHANGES TO THE CITY’S BUSINESS LICENSE PROCESSES, INCLUDING

THE INTRODUCTION OF LIVE SCAN PROCEDURES AND OTHER MINOR

ADMINISTRATIVE UPDATES

WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (“City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and

WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City may adopt by ordinance regulations affecting the use of buildings, structures and land; and

WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City has adopted Title 16, Chapter 2, Article 1, Section 16 -

2.01.010 of the Victorville Municipal Code (“VMC”), providing the authority to amend Titl e 16 of the VMC and the various regulations, requirements, exceptions and guidelines located therein; and

WHEREAS, pursuant to VMC Section 16-2.01.020, the City initiated amendments to Title 16 of the Victorville Municipal Code; and

WHEREAS, pursuant to Section Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.040 of the a VMC, the Victorville Planning Commission held a public hearing on October 8th, 2025 to hear arguments for and against the propos ed amendments to the VMC; and after hearing all testimony offered, the Victorville Planning Commission unanimously voted to adopted Resolution No. P-25-030, which recommended that the City Council adopt the VMC amendments specified in Planning Case No. PLAN25-00016; and

WHEREAS, the City Council finds that the number and type of business licenses requiring live scan services has increased in recent years; and

WHEREAS, the City Council finds that the Business License Division has at times experienced a delay in approving certain business licenses due to relying on its overburdened Police Department for approval/denial status on background checks, as currently required by the VMC; and

WHEREAS, the City Council finds that the Business License Division (the “Division”) has obtained the appropriate licensure and certification from the California Department of Justice to operate as an Applicant Agency Live Scan Service Provider, thereby enabling the Division to conduct live scan fingerprinting services and authorize background check approvals or denials through the Live Scan Custodian of Records, all on-site at City Hall; and

WHEREAS, the implementation of these Live Scan services by the Division eliminates the need to rely exclusively on the Victorville Police Department for such services, thereby streamlining operations and improving efficiency in the processing of business license applications and related background investigations; and

WHEREAS, the City Council finds on their own independent judgment that this proposed Title 16 amendment is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment involves changes to City business licensing processes and procedures that are administrative in nature and do not modify the VMC in a manner that will negatively affect the environment; and

WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.060 of the V MC, the City Council held a duly noticed Public Hearing on the November 4
th, 2025 to hear arguments for and against the code
amendments, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after reviewing and considering the code amendments, the City Council approved the recommendation of the Planning Commission by adopting the VMC amendments included Case No. PLAN25-00016 as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals

That the recitals set forth above are true and correct and are hereby incorporated in this Ordinance by this reference as if set forth in their entirety.

Section 2. Severability

That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 3. Effective Date

That this Ordinance shall take effect thirty (30) days after its final passage.

Section 4. Repeal of Conflicting Provisions

That all provisions of the Victorville Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 5. Certification

That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 6. Additions, Deletions, and Revisions to Chapter 7 of Title 16 of the Victorville Municipal Code

That Title 16, Chapter 7 of the Victorville Municipal Code is hereby amended as follows (legend defining existing, new, and deleted text , as well as editing notes , by means of strikethroughs, underlining, italicization, and asterisks included for reference only):

Legend
Existing Text
New Text
Deleted Text
*Editing Notes*

Chapter 7: Business License

Article 1: Administration and Enforcement

Sec. 16-7.01.020: Administration of business licenses *Change* The administration and enforcement of Title 16, Chapter 7 (Business License Ordinance) shall be under the authority of the City Manager or his/her designee, and all functions and requirements of this Title shall be applied and executed by the Code Enforcem ent Building Official or his/her designees. All further references to the Building Official in this Chapter shall mean and include the Building Official and his/her designees, whether or not explicitly specified.

Sec. 16-7.01.060: Effect on past actions and obligations previously accrued *Change* The issuance of a business license shall have no affect effect on the past actions, obligations, violations, and/or prosecutions of any other ordinance or any other penal provisions by any other department in the City.

Sec. 16-7.01.070: Effect of errors *Change* Any license issued in error or contrary to the provisions of this Title shall be void and of no effect.

Any error made by the Code Enforcement Building Official or his/her designees in preparing a license, stating the kind of business, the location thereof, the amount of the charge therefor, or in determining the proper zone, shall not prejudice the collection by the City of the amount actually due under this Title or any other ordinance, or the enforcement of any regulations applicable thereto; nor shall the issuance of a license authorize the carrying on of business in any zone or location contrary to the provisions of the ordinances of the City.

Sec. 16-7.01.080: Enforcement of chapter *Change*

It shall be the duty of the Code Enforcement Official or his/her designees to enforce the provisions of this Chapter against violators, and the chief of police shall render such assistance as may be required. All further references to the Code Enforcement Official in this Chapter shall mean and include the Code Enforcement Official and his/her designees, whether or not explicitly specified.

Sec. 16-7.01.090: License required for each business activity *Change* In the event that any person who owns and is conducting, managing or operating two or more distinct businesses as classified in the North American Industry Classification (NAICS) System Standard Industrial Classification (SIC) System, such person shall be deemed to be conducting each business activity separately , and a separate business license shall be required for each distinct business.

Sec. 16-7.01.130: Information confidential—Disclosure *Change* The information furnished or secured pursuant to this Chapter, except for the information displayed on the actual issued business license, which consists of: the name of the applicant business, the name and address of the business, physical and the mailing address of the applicant business, the issue and expiration date of the issuance of the license, the Victorville Municipal Code business classification the business is licensed under, and a brief description of the business activities and the nature of the business, shall be confidential.

Sec. 16-7.01.140: Changes, Uupdates, cancellations, statements and records *Change* It shall be the responsibility of the licensee to notify the Business License Division of any business license changes, updates, modifications, and/or to cancel the city business license. It is also the responsibility of the licensee to notify any other agency of any changes, updates , modifications, and/or to cancel any permits, certificates , and/or licenses held in connection with to the city business license. Unless written notification is received regarding a business license change, update, modification, or cancellation, the business license will remain active, and fees will continue to be incurred. The licensee shall be responsible for said incurred business license fees incurred.

The Code Enforcement Building Official or his/her designee shall have the right to verify and audit any written statement or declaration regarding any change, update, modification, or cancellation through any federal, state, or county records as may be necessary to verify or ascertain the status of the subject business. Upon verification of the submitted written statement or declaration, identifying a subject business as vacated, non -active, or no longer operational, the Code Enforcement Building Official or his/her designee shall close the City Business License. Upon verification of the submitted written statement or declaration identifying the subject business as active, operational, or not vacated, the Code Enforcement Building Official or his/her designee shall keep the City Business License open and active and continue to assess annual licensing fees upon the subject business. Unpaid licensing fees shall be a debt to City and shall be collected against the licensee.

Article 2: Denial, Revocation, and Appeal

Sec. 16-7.02.010: Denial—Notice to applicant *Change* Before the Building Official or the Code Enforcement Official, or his/her .designee, denies or grants any license subject to certain conditions, the Building Official or Code Enforcement Official, or his/her designee shall notify the applicant or licensee in writing pursuant to Section 16-

7.02.040, that he or she the Building Official or the Code Enforcement Official, or his/her designee intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice.

Sec. 16-7.02.020: Grounds for denial—Activities which may involve free speech*Change* The following shall constitute grounds to deny issuance of a business for denial of a license to (either an applicant, or licensee, or authorized agent) for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade , or other First Amendment speech activity. See Section 16-7.02.040 regarding license review deadlines, denial of a new license, permit and notice and hearing requirements. (a) The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county , or city health, zoning, or fire and safety regulation, code, or standard applicable to such business operation;
(b) The applicant, licensee, or authorized agent Hhas knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Building Official or Code Enforcement Official , or his/her designee;
(c) The applicant, licensee, or authorized agent Hhas been convicted or entered a plea of nolo contendere within the preceding twenty-four (24) months in a court of competent jurisdiction of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;

(d) The business establishment Iis presently a public nuisance, whether or not abatement proceedings have been instituted; or
(e) The applicant, licensee, or authorized agent Hhas violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months.

Sec. 16-7.02.030: Grounds for denial—Activities not involving free speech *Change* In addition to the grounds set forth in Section 16-7.02.040, The following shall constitute grounds to deny issuance of a business for denial of a license to (an applicant, licensee, or authorized agent) not involving free speech:
(a) The business proposed to be conducted Iis prohibited by any local or other law, statute, rule, or regulation, or prohibited in the particular location . by any local or other law, statute, rule , or regulation;
(b) The business establishment Iis presently a public nuisance, whether or not abatement proceedings have been instituted;
(c) The applicant, licensee, or authorized agent H has committed or aided or abetted in the commission of any act or act of omission, or been convicted of a felony or any crime or

entered a plea of nolo contendere within the preceding twenty -four (24) months, which, if committed by a licensee, would be a ground for revocation of license or disciplinary action under this Chapter;
(d) The applicant, licensee, or authorized agent Hhas had a license revoked by the City within the preceding twenty-four (24) months, on any ground which would affect or pertain to the operation of the business for which a new license is being sought. For purposes of this subsection only, the date of any prior revocation shall be calculated as of the date the applicant or other person exhausted all available administrative remedies with respect to the underlying revocation;

(e) The applicant, licensee, or authorized agent Hhas knowingly made any false, misleading, or fraudulent statement of a material fact within the preceding twenty -four (24) months in a previous application for a license, or in any report or record required to be filed with the Code Enforcement Building Official or his/her designee, or made in the course of soliciting; (f) The applicant, licensee, or authorized agent H has, within the preceding twenty -four (24) months, committed any unlawful, false, fraudulent , or dangerous act , or violated a local ordinance relating to a previously licensed or unlicensed business, with the intent to substantially benefit him or herself or another, or substantially injure another; (g) The applicant, licensee, or authorized agent Hhas outstanding violations and/or debt related to a criminal or civil action initiated by a City Eenforcement Oofficer; (h) The applicant, licensee, or authorized agent Hhas violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty-four (24) months; or (i) The establishment or business will be detrimental to the public health, safety, or welfare.

Any grounds for denial included in this section shall also constitute grounds for suspension, nonrenewal, or revocation of a license as described in this Chapter.

Sec. 16-7.02.040: Notice requirements—Denials *Change* The Building Official or the Code Enforcement Official or his/her designee shall have the right to deny a new permit or license on any grounds provided in this Chapter without the requirement of a prior hearing. Any applicant aggrieved by any action of the Building Official or the Code Enforcement Official or his/her designee, in refusing to issue a new permit or license, shall have the right of appeal as stated in Chapter 2, Article 2 Section 16-2.02 of the Victorville Development Code.

It is unlawful for any person to carry on the business after the permit or license has been denied, unless and until the appeal process is utilized, and the subsequent decision reverses the denial.

The applicant shall, within ten (10) calendar days of the denial, file a written statement setting forth the specific grounds for appeal. If the applicant fails to make a timely appeal, except as otherwise provided in this subsection, the decision of the City Manager Building Official or the Code Enforcement Official, or his designee shall be deemed final and conclusive. With respect to applications for licenses involving free speech activities, the following shall apply:
(a) The City Manager Building Official or the Code Enforcement Official shall issue or deny a license for activities which may involve free speech to the applicant within thirty (30) days of from receipt of a complete application and the applicable fees. Notice of denial shall be sent by first class U.S. mail to the address provided on the license application, except as otherwise

provided in subsection (a) of this section. Failure of the City Manager Building Official or Code Enforcement Official, or his / or her designees to approve or deny the license application within thirty (30) days shall result in the license being granted. (b) Upon denial of a new license or permit for activities which may involve free speech, the applicant shall have the right to an appeal hearing as stated in Chapter 2, Article 2 Section 16-2.02 of the Victorville Development code. Such request for a hearing shall be written and received by the City Clerk within fourteen (14) calendar days from the effective date of the service of notice of denial by the Building Official or Code Enforcement Official City Manager, or his or her designee. In the event that the denial is affirmed by the City Council on review, the applicant may seek prompt judicial review of the validity of the denial of the license, and the City shall make all reasonable efforts to expedite such review as provided in Section 1094.8 of the California Code of Civil Procedure, if sought by applicant.

Sec. 16-7.02.050: Revocation or suspension of license—Activities which may involve free speech *Change*

After a hearing as provided in Section 16-7.02.070 of this Chapter, unless such hearing is waived by licensee or permit holder, the City Manager Building Official or Code Enforcement Official or his designee, may suspend or revoke a license for a bookstore, exhibition, traveling show, motion picture theater, sound or advertising vehicle, model studio, picture arcade, or other First Amendment speech activity if he/ or she finds that one or more of the following conditions exist or have occurred after the issuance of such license:
(a) The building, structure, equipment, or location of such business does not comply with or fails to meet any state, county, or city health, safety, zoning, or fire regulation, code, or standard applicable to such business operation;
(b) The licensee or authorized agent, has been convicted or entered a plea of nolo contendere within the preceding twenty -four (24) months in a court of competent jurisdiction, of any violation of any statute or ordinance, which arises from an act performed in the exercise of any rights granted by the license;
(c) The business is presently a public nuisance, whether or not abatement proceedings have been instituted;
(d) The licensee or authorized agent has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the a license, or in any report or record required to be filed with the City Manager Building Official, or his designee, which relate to the operation of the licensee's business;
(e) The licensee or authorized agent has violated any rule or regulation adopted by the City relating to the operation of the licensee's business; or (f) The licensee or authorized agent has failed or refused to notify the City Manager Building Official, or his designee, of any material change in facts described in the application required by Section 16-7.06.140, within fifteen (15) days after such change.

Sec. 16-7-02.060: Revocation and suspension of license—Activities which do not Involve free speech *Change*

The City Manager Building Official or Code Enforcement Official, or his designee, may suspend or revoke a license, other than a license covered by Section 16-7.03.010 if he/she finds that any licensee or authorized agent has:

(a) Knowingly made any false, misleading, or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the City Manager Building Official, or his or her designee, or made in the course of soliciting; (b) Been convicted of, or entered a plea of nolo contendere for, a felony or any crime involving theft, embezzlement, or moral turpitude during the preceding twenty-four (24) months, or is currently on probation, parole, or subject to incarceration as a result of such conviction; if the licensee is not an individual, the above information shall apply to each officer, dir ector, manager, or member of the licensee, or any other person exercising control or management of the business;
(c) Within the preceding twenty -four (24) months, committed any unlawful, false, fraudulent, or dangerous act relating to a previously licensed business, with the intent to substantially benefit him/ or herself or another, or substantially injure another; (d) Committed any act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, including, but not limited to, failure to pay local taxes, fees, or assessments imposed by the City, or any district created by the City; (e) Violated any condition or restriction of the license; (f) Conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public; or
(g) Failed or refused to notify the City Manager Building Official, or his designee, of any material change in facts stated in the application required by Section 16-7.03.010, within fifteen (15) days after such change; or
(h) Where the business involves soliciting or peddling on behalf of an organization, has failed to, with the knowledge or consent of the organization, to wear, or have in his or her possession, the City issued identification card as described in Section 16-7.06.110(b); or (i) With respect to multi and single family residential rental property:
(1) Within the preceding twenty -four (24) months, the police department has responded, investigated, and documented public disturbances and other nuisances at the rental location regarding matters except for domestic dispute matters. (2) The property sustained nuisance enforcement action and a lien has been recorded with the County Recorder ’s office due to lack of property maintenance or other violations specified Title 16 Cchapter 6 of the Development Code.
(j) With respect to a nonprofit:
(1) Failed to obtain and maintain I internal Revenue Service and state nonprofit status pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3) or any subsequently enacted related legislation or regulations;
(2) Failed to use - the proceeds collected for religious or charitable purposes, less expenses or cost of administration as permitted by federal or state law. (k) Has outstanding violations and/ or debt related to a criminal or civil action initiated by a City Eenforcement Oofficer; or
(l) Has violated any rule or regulation adopted by the City or a legal action approved by a court of law relating to the operation of the licensee's business within the preceding twenty -four (24) months.

Sec. 16-7.02.070: Notice and hearing requirements—Modifications, suspensions, revocations *Change* When the City Manager Building Official or Code Enforcement Official , or his /her designee concludes that grounds for modification, suspension, revocation, or refusal to renew a license or permit exists, the following notice and hearing procedures shall be followed:
(a) Serve the applicant or, licensee or permit holder with notice of the action upon the licensee or permit holder either personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the City Manager Building Official, or his/ or her designee, with written notice of a change in address, in which case the notice shall be sent to such address. (1) The Notice of Action should include all of the following information:
(A) The name of the subject permit or license holder; (B) The street address or definite location where the violation(s) occurred; (C) The code section(s) violated;
(D) A description of the conditions or actions which warrant suspension, modification, or revocation of the subject permit or license;
(E) The action proposed (i.e., suspension, modification, or revocation of the subject permit or license);
(F) A description of any prior action taken by the City to gain compliance with the code with regards to the subject violation(s);
(G) Provide a description of the procedures involved in taking the proposed action, including the license or permit holder's right to attend the hearing on the proposed action;
(H) Provide a statement stating that within fourteen ( 14) calendar days, the licensee or permit holder must submit a written response and request a D determination Hhearing to the City Clerk regarding this action. Failure to submit a written response, shall cause the proposed action of the City Manager Building Official or Code Enforcement Official, or his or her designee, to be deemed final, and no right to appeal as provided in Chapter 2, Article 2 Section 16-02.02 of the Victorville Development cCode shall exist.
(b) Provide a determination hearing conducted on any Notice of Action issued by the City Manager Building Official or Code Enforcement Official, or his/ or her designee pursuant to this Chapter. The Ddetermination Hhearing shall be conducted within t hirty (30) days upon receipt of a written request for a D determination Hhearing submitted by the licensee to the City Clerk.
(c) Establish a date, time, and place for the Ddetermination Hhearing. Once determined, the City Manager Building Official or Code Enforcement Official, or his or her designee shall prepare a Notice of Determination Hearing ("Hearing Notice"), which shall be served personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant or licensee has provided the City Manager Building Official, or his or her designee, with written notice of a change in address, in which case the notice shall be sent to such address and sent in substantially the same form as follows:

"You are hereby notified that a hearing will be held before the City Manager Building Official or the Code Enforcement Official , or his /her designee regarding your Notice of Action _______ on the ________ day of ________, _______ at the hour of _______ upon the Notice of Action served upon you. You may be present at the hearing. You may present any relevant evidence at the hearing."
(d) If the permit or license holder fails to attend the scheduled D determination Hhearing, the hearing will proceed without the permit or license holder and he / or she will be deemed to have waived his/ or her rights to be heard at the Ddetermination Hhearing,' and no right to appeal to the Pplanning Ccommission and to the City Ccouncil shall exist. (e) Following the Ddetermination Hhearing, the City Manager Building Official or Code Enforcement Official, or his designee may decide to uphold the Notice of Action, establish a modified schedule for compliance (if applicable), overturn some or all of the findings stated in the Notice of Action, and/or rescind the Notice of Action in part or in its entirety.

(f) Within a reasonable time after the hearing, the City Manager Building Official or the Code Enforcement Official , or his / or her designee, shall render a final decision regarding suspension, revocation, or refusal to renew.
(g) It shall be unlawful for any person to carry on the business after a permit of license has been suspended or revoked.

Sec. 16-7.02.080: Appeals to modification, suspension and revocation decisions *Change*

Any licensee or permit holder aggrieved by any final decision rendered by the City Manager Building Official or the Code Enforcement Official , or his or her designee, at or after the above mentioned hearing, shall have the right of appeal as stated in Chapter 2, Article 2 of the Victorville Development Code.

Article 3: Application

Sec. 16-7.03.010: Application—Contents *Change* Incomplete applications will not be accepted for a license under this Chapter.

The application must state in detail the following information: business name (doing business as DBA); owner's name (or corporation name); physical business/event address; business’s mailing address; phone/fax number, and; email address for the business; principal owners, officers and/or partners and their contact information; ownership type; business type; start date and/or temporary date range; indicate if it is an in -city commercial business, home based business , or rental business; state license, federal ID, state ID, seller's permit and/or social security number, as well as expiration date of any other license and/or permit (if applicable). In cases where such business is not to be conducted or carried on at a permanent place of business in the City, then such application shall state the out-of-City business address residence of the owners of such business.

The application must describe in detail the nature or kind of business for which the license is being requested for.

All application questions must be answered and the application must be signed by the applicant.

If the applicant is a corporation or a limited liability company (LLC), the name shall be exactly as

set forth in its articles of incorporation or articles of organization, and the names and addresses of all directors and an officer who is duly authorized to accept the service of legal process must be included. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this Chapter as to a corporate applicant apply. If the applicant is a trust, the provisions of this Chapter as to a partnership applicant apply. If the applicant is a sole proprietor, the sole business owner must sign the application.

In all cases where the amount of the license is to be paid by any person is based upon a regulatory master fee schedule adopted by the City Council, : employees; vehicles, admission fees; tables; alleys or other devices; rooms; seating capac ity; machines; etc. A signed application must shall be submitted in order to determine the correct business classification to establish fees. Such statements or facts within the application shall be subject to verification by the Code Enforcement Building Official, or his/her designee.

Sec. 16-7.03.020: Application—Additional requirements/documents needed *Change* Based on business type, additional requirements/documents may be required and requested to process the application. These additional requirements/documents shall include but are not limited to: certificate of occupancy application, residential business use form, fire operation permit form, articles of incorporation, fictitious business statement, copy of federal, state, or county license or certificate, seller's permit, health permit, proof of insurance/malpractice insurance, police department permit, temporary/conditional use permit (all land uses/businesses as listed in Table 7-1 of Title 16 of the Victorville Municipal Code), etc.

Sec. 16-7.03.030: Application—Review by applicable departments *Change* Where an application is made for a license to do business in the City, the Code Enforcement Building Official, or his/her designee, may require approval of such application from the various departments showing that the premises and operations therein conform to the provisions of this code and other regulatory ordinances of the City or state.

Sec. 16-7.03.040: Application—Investigation *Change* (a) The Code Enforcement Building Official, or his/her designee, may investigate the facts and circumstances supporting an application to ensure that all information presented is a true representation of the status of the applicant and no indication of necessity to deny such application or grant with conditions exists.

(b) The Code Enforcement Building Official, or his/her designee, may examine under oath any applicant or licensee to determine the true identity of the applicant or licensee for the business, occupation, or exhibition for which a license is sought. If the Code Enforcement Building Official, or his/her designee, finds that the application is not in the interest of the person in whose name the application is made, he or she may deny or subsequently revoke the license. If the Code Enforcement Building Official, or his/her designee, finds that the application is sought by or related to a person whose license has been revoked, or who has been refused a license, he/she it may treat the application as though made by such applicant or licensee.
(c) If any public official, finds facts on which any license granted pursuant to this title should not be granted or renewed, or, if renewed, should be subject to conditions not included in the existing license, or if any action for the revocation or modification of such license has been

filed or is pending, each such public official shall so notify the Code Enforcement Building Official, or his/her designee, in writing within ten days of receipt of notice of the submission of the application or intent to renew, giving the name of the licensee, number of the license, and the reason for denial or addition of conditions.
(d) The Code Enforcement Building Official, or his/her designee shall, after consideration of the application and any relevant investigations, impose any and all conditions necessary to protect the health, safety and welfare of the public from any detrimental activities of the business.

Article 4: License

Sec. 16-7.04.010: Issuance—Contents of license *Change*

Once the Building Official issues a new license or renews an existing license, such license shall contain the following information: In the event the Code Enforcement Building Official, or his/her designee, grants an application for a new license or renewal of an existing license and upon the payment of the prescribed fee under this Chapter, the Code Enforcement Building Official, or his/her designee, shall issue to such person a license which shall contain:
(a) The name of the person to whom the license is issued; (b) The business name;
(c) The place where such business is to be transacted and carried on; (d) The mailing address, if different thant the business address; (e) The date of the expiration of such license;
(f) The license issued by the Code Enforcement Building Official, or his/her designee, for the purpose of posting in places of business shall contain no reference to the amount of license fee paid; and
(g) Such other information as may be necessary for the enforcement of the provisions of this Chapter.

Sec. 16-7.04.020: Posting and keeping license *Change* All licenses must be kept and posted in the following manners:
(a) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on;
(b) Any licensee transacting and carrying on business but not operating at a fixed place of business in the City, shall keep the license upon his/her person at all times while transacting and carrying on such business;
(c) Any licensee to whom a license has been issued for operation of a vehicle shall be issued by the Code Enforcement Building Official, in addition to the license certificate, a paper or license decal and such certificate shall at all times during the effective dates thereof be affixed to the windshield in the case of a sticker or on the rear of the vehicle in a conspicuous place.

Sec. 16-7.04.030: Duration and dates payable—Generally *Change* All licenses, unless otherwise expressly stated herein, shall be construed to be annual licenses and shall be due and payable on or before the last day of the month the conducting expiration date of the business license within the City commences. (a) Duration. The operative date for a business license is as follows:
(1) Business licenses are valid for a 1 -year period and will expire one (1) year after the issue date of the license.at the end of the calendar month of the following year. (2) Business licenses for any shorter period of time than a 1 year period shall be payable in advance as issued and shall expire at the close of the period for which the same may be issued; no greater or lesser amount shall be charged or received than is provided in this Chapter, and Nno license shall be issued for any period of time other than as that provided for in this Chapter provided.

Sec. 16-7.04.050: Right to impose or change conditions *Change* With respect to any previously issued license, if at any time it appears to the Building Official or Code Enforcement Building Official or his/her designee determines that there are grounds for revocation of a license, or that the occupation or activity licensed is being conducted so as to be detrimental to public health, safety or public welfare, but that such grounds or such conduct could be eliminated by the imposition of conditions, or of additional conditions, or by the amendment of any existing conditions to such license, he/ or she shall notify the licensee of the proposed action to impose such conditions in accordance with the procedure provided in Section 16- 7.02.070 of the Victorville Development Code.

Article 5: Fees

Sec. 16-7.05.010: Fees—Generally *Change*
All application and business license fees specified in this Chapter title are regulatory fees, which are due and payable at the time of application and prior to the processing of the application in advance in full, and each person required to have a license shall be liable for payment of the fee for the full term; no greater or lesser amount shall be charged or received than is provided in this Chapter.

Sec. 16-7 .05.020: Application Business License—Fee *Change* (a) The amount of application business license fee to be paid to the City by any person seeking any business license as listed in Article 6 of Section 16-7.06 hereinafter designated in this Chapter shall be as set forth is in the master fee schedule fixed and established as provided on the fee schedule approved adopted by City Council resolution. (b) For each business license application, there shall be imposed an application business license fee which is due and payable to the City at the time the business license application is submitted, prior to the processing of the application. (c) The application fee shall not be refundable.
(d) The application fee shall not be transferable.
(c) Fees. The fee rate for a business license is as follows:

(1) All business license fees shall be based on an annual (twelve-month) rate. (2) The business license fee shall not be non-refundable once the processing of the application has commenced, regardless of whether the license is ultimately issued, denied, or withdrawn.
(3) The business license fee shall not be transferable.

Sec. 16-7.05.030: Business License—Fee Reserved *Change* (a) Fees. The fee rate for a business license is as follows:
(1) All business license fees, unless otherwise expressly stated in this title, shall be based on an annual (twelve-month) rate.
(2) Where a license fee in this title is fixed at a daily rate, a part of a day shall be deemed a day and the full fee shall be paid for a day or fraction thereof. (3) The business license fee shall not be refundable. (4) The business license fee shall not be transferable.

Sec. 16-7.05.040: Duplicate/Update license—Fee *Change* (a) A duplicate license fee may be issued imposed by the Code Enforcement Building Official, or his/her designee, to replace any license previously issued hereunder which has been lost or destroyed., upon the licensee filing an affidavit attesting to such fact. (b) Provided that no new license or license modification is required, Aan updated license fee may be issued imposed by the Code Enforcement Building Official, or his/her designee, that do not require a new license upon the licensee submitting filing an Business License Update Record Form affidavit attesting to such fact.

Sec. 16-7.05.050: Fixed license fee rates Reserved *Change* The amount of license fee to be paid to the City by any person engaged in or carrying on any business as listed in Section 16- 7.06 hereinafter designated in this Chapter is fixed and established as provided on the fee schedule approved by approved by City Council resolution.

Sec. 16-7.05.060: Businesses not listed—Fee *Change* Any person carrying on a business in the City not that is not specifically listed in Article 6 of this Chapter herein specifically set forth shall pay the amount of the license fee applicable to the category most closely matching the nature of the business, as determined by the , described herein provided for the business nearest corresponding to the nature of the business sought to be licensed as determined by the Code Enforcement Building Official, or his/her designee.

Sec. 16-7.05.080: Failure to pay fee—Penalties *Change* Failure to pay an annual license fee within thirty (30) days of from the time it becomes due expiration date, shall result in a penalty of fifty percent (50%) of the amount thereof; and if such license fee is not paid within sixty (60) days from the date time it becomes due and payable, an additional sum of fifty (50%) ten percent of the amount due shall be added to the license fee due and collected each month until renewed. The delinquent penalty shall not exceed one hundred percent of the annual business license fee.

Article 6: Business Classifications

Sec. 16-7.06.010: Business classifications—Generally *Change*

The Code Enforcement Building Official, or his/her designee, shall reference the listed categories below and the North American Industry Classification System (NAICS) Standard Industrial Classification (SIC) System to place the proposed business in to the nearest corresponding business classification. These categories are not all -inclusive and shall serve to establish the primary nature of the business.

Sec. 16-7.06.060: Professional, semi-professional *Change* (a) A profession licensed by the county and/or state, and/or requiring a period of specialized training resulting in a license/ degree for that profession. This includes, Appraisers, Architects, Attorneys, Certified Public Accountants, Dentists, Engineers, Physicians, etc. (b) Semi-Professional requires a period of specialized training resulting in certification for that vocation. This includes: medical transcriptionist, dental hygienist, notary, veterinary technician, teacher, etc.

Sec. 16-7.06.080: Rental property *Addition/Change* Owning and renting residential property where money is received (i.e. rent, utility payments, etc.), including the following: single family residences, multi- family residences to include duplexes, triplexes, fourplexes, apartments, apartment courts, rooming houses, trailer courts, mobile home parks, motels, hotels, etc.
(a) Single-Family Rental Property (i.e., whole house rental to one family, single room rental to 2 people, short term rental, special housing - group home, supportive/transitional housing, etc.).
(b) Multi-Family Rental Property (i.e., duplexes, triplexes, fourplexes, apartments, mobile home parks, special housing – group home, supportive/transitional housing, etc.). (c) Hotel/Motel Rental Property (i.e., hotels/motels that allow for extended stay rental).

Sec. 16-7.06.110: Vehicles for hire, service and sales *Change* (a) Vehicles for hire transport passengers who direct the route to be traveled over the streets, and do not operate over a fixed route, for compensation, including vehicles commonly known as taxicabs, limousines, shuttle services or sightseeing buses. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and Article 7 of this Chapter.

(b) Vehicles for service are non-emergency medical transportation businesses whose vehicles are privately or publicly owned and specifically designed, constructed, modified, equipped, arranged, maintained and operated for the sole purpose of transporting those persons with special medical needs who require pre- arranged transportation for purposes prescribed by a health care provider. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and Article 8 of this Chapter.

(c) Vehicles for sales are Mobile Vehicle Vendors such as Ice Cream Trucks or food trucks whose primary operation is selling at retail items or soliciting orders of any goods, wares, or

merchandise of any kind or nature. These businesses shall be required to comply with the provisions of Section 16 -7.04.020(b) and (c), Section 16 -3.07.050, and Article 13 of this Chapter.

Sec. 16-7.06.120: Solicitors *Change*
(a) Persons meeting the definition of a Solicitor (as set forth in Section 16-1.03.010 of this Title) are businesses that are required to comply with the provisions of Section 16-7.04.020(b) and Article 9 of this Chapter. The foregoing definition of a Solicitor shall be exclusive and controlling, and the fact that a Solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising, or by person to person person- to-person conversation, shall not affect his/her status as a Solicitor. (b) "Solicitor" shall not include a person engaging in any of the following activities so long as the person is not requesting money, credit, funds, contributions, personal property or anything of value:
(1) Communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious, or charitable nature;
(2) Seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;
(3) A person seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;

(4) A person conducting a poll, survey, or petition drive in regard to any political matter; or

(5) A person carrying, conveying, delivering or transporting newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same.

(c) Persons engaging in the activities described in Section 16-7.06.120(b)(1)—(4) shall comply with the provisions of Section 16-7.09.020.

Sec. 16-7.06.150: Exempt business *Change*
(a) Nothing in this Chapter shall be deemed or construed to impose a fee or tax on any person transacting and carrying on any business exempt therefrom by virtue of the Constitution or applicable statutes of the United States or of the State of California. Any person claiming exemption pursuant to this Section shall file a sworn statement provide proof of exemption status by way of a Determination Letter through the IRS with the Business License Division stating the facts upon which exemption is claimed, including documentation of registration with the California Attorney General for charitable organizations/institutions. The City Manager Building Official or his/her designee shall, upon a proper showing contained in the sworn statement provided document, issue a license to such person claiming exemption under this section without payment to the City of the business license fee required by this Chapter:. The City Manager or his/her designee, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein:

(1) Any institution or organization which is conducted, managed , or carried on wholly for the benefit charitable purposes and from which profit is not derived, either directly or indirectly, by an individual; provided, that the applicant shall furnish proof to the City Manager Building Official or his/her designee that such is the case; (2) Any enterprise or entertainment when the receipts derived therefrom are to be apportioned to any church or school or to any religious, benevolent or charitable purpose;

(3) Any person not having a fixed place of business within the City who is called upon to come to the City to render services to a department of the City; provided, that the applicant shall furnish proof to the City Manager Building Official that such is the case; and that the proof can be verified by the requesting department; (4) Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this state , soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor, may distribute circulars, and hawk, peddle, and vend any goods, wares , or merchandise owned by him, except alcoholic beverages and/or liquor, or provide services, without payment of any license fee whatsoever, providinged that proof of such physical disability service, and proof that the veteran is the sole proprietor of the business, is furnished to the City Manager Building Official or his/her designee. (b) The Building Official, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. (cb) Nothing in this Section 16- 7.06.150 or any subsection hereof shall exempt any applicant from complying with any additional local, state, and federal regulatory requirements, approvals, provisions, and/or fees except for the payment of the business license fee.

(dc) Bingo. Nothing in this Chapter shall prohibit the holding of any bingo game, provided that the game is operated in compliance with the requirements of the Victorville Municipal Code, Chapter 13.15. Upon ascertaining compliance with Chapter 13.15, the City shall issue a business license to the organization.

(ed) Interstate commerce. None of the license fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee to place an undue burden upon such commerce, the licensee may apply to the City Manager or his/her designee for an adjustment of the fee upon completion of conducting business in the City or within six months thereafter.

Article 7: Specially Regulated Business—
Vehicles for Hire, Service and Sales

Sec. 16-7.07.010: - Short title *Change*
This Article chapter shall be known as "vehicles for hire."

Sec. 16-7.07.020: - Public transportation vehicles exempt *Change* The requirements of this Article Chapter shall not apply to any public transportation vehicle.

Sec. 16-7.07.030: Purpose of article chapter *Change* The full and sole purpose of this Article Chapter is regulation for the public good and under no circumstances whatsoever shall any certificate of public convenience and necessity or, license or permit provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

Sec. 16-7.07.080: Driver's qualifications *Change* It is unlawful for any person to operate or drive a vehicle for hire in the City without having first obtained a written permit or lice nse approval to do so from the police department Business License Division or the Police Department. The Business License Division or the p Police Ddepartment may refuse to issue a driver's permit approve a driver for any of the following reasons:
(a) If the applicant is under twenty-one years of age;
(b) If the applicant has not resided in the county for thirty days prior to filing the application; (c) If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles; (d) If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e) If the applicant violated any of the provisions of this Chapter; (f) If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the police department Business License Division or the Police Department; or

(g) If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations, before employment or upon permit license renewal, or at such other times as the City shall designate. All costs for testing shall be borne by the applicant or the employer.

Sec. 16-7.07.110: Operating regulations *Change* Any driver of a vehicle for hire shall take the most direct route that will take passengers to their destination safely and expeditiously, unless otherwise directed by such passengers.

If requested, every driver shall give a receipt upon payment of the correct fare.

It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare affixed therein for the use of any vehicle covered by this Chapter, and the driver may demand the fare in advance.

It shall be grounds for the revocation of a driver's permit issued approval pursuant to this Chapter for any driver to charge a passenger a fare greater than that to which he is entitled under the provisions of this Chapter. It is unlawful for the owner or driver of any vehicle operated under this Chapter to conduct business from any place other than the established place of business set forth in the certificate of public convenience and necessity on the business license itself.

Sec. 16-7.07.140: Annual vehicle inspection *Change*

Each vehicle for hire operated within the City must pass an annual safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a vehicle for hire within the City, until such time that the Business License Division or the pPolice Ddepartment determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass the annual safety inspection.

Sec. 16-7.07.180: Violation—Penalty *Change* In addition to the provisions of this Chapter providing for modification, suspension, or revocation of a certificate, license or permit, as the case may be, any person violating any of the provisions of this Chapter is guilty of a misdemeanor and is punishable as provided in Section 1.04. and 1.05 of this code. Any license holder found to be in violation of any of the provisions setting forth the conditions of the approval contained in the resolution granting the certificate of public convenience and necessity shall be subject to any other penalties and fines not otherwise provided for in this Chapter.

Article 8: Specially Regulated Business—
Non-Emergency Medical Transportation

Sec. 16-7.08.010: - Short title *Change*

This Article chapter shall be known as "non-emergency medical transportation vehicles."

Sec. 16-7.08.020: Purpose of Article chapter *Change*

The full and sole purpose of this Chapter is regulation for the public good, and under no circumstances whatsoever shall any franchise provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

Sec. 16-7.08.050: Business license and police department approval *Change* Prior to submitting any application for a franchise to the City Manager, the franchise applicant shall obtain a business license to operate a non- emergency medical transportation business in the City, and meet all the requirements of the Business License Division or the p Police dDepartment, as described in Section 16-7.08.160 of this Chapter.

Sec. 16-7.08.140: Vehicle inspections *Change*

Each non-emergency medical transportation vehicle operated within the City must pass an initial safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a non -emergency medical transportation vehicle with the City, until such time that the Business License Division or

the pPolice dDepartment determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass an annual safety inspection.

Sec. 16-7.08.170: Driver's qualifications *Change*

It is unlawful for any person to operate or drive a non- emergency medical transportation vehicle in the City without first having obtained a written permit or license approval to do so from the Business License Division or the Police police d Department. The Business License Division or the Ppolice dDepartment may refuse to issue approve a driver's permit or may revoke approval permit for any of the following reasons:
(a) If the applicant is under twenty-one years of age or not a citizen of the United States; (b) If the applicant has not resided in the county for thirty days prior to filing the application; (c) If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles; (d) If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e) If the applicant violated any of the provisions of this Chapter; (f) If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the Business License Division or the Ppolice Ddepartment; (g) If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations before employment or upon permit license renewal, or at such other times as the City shall designate. All costs for testing and reporting shall be borne by the applicant or the employer.

Article 9: Specially Regulated Business—Solicitors

Sec. 16-7.09.010: Requirement of registration *Change* (a) Except as may be set forth otherwise in this Article, every Solicitor must register with the Business License Division Police Department of the City, apply for , and obtain a business license, and pay the required business license fee pursuant to Section 16- 7.06.020 prior to doing business in the City.
(b) Each applicant for registration hereunder shall be fingerprinted by City's the Business License Division or the Police Department or submit fingerprints through a live scan vendor for purposes of conducting a background check. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police City’s Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16 -7.02.030(c). The Chief of Police City’s Business License Custodian of Records or the Police Department , or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Each applicant shall also furnish two photographs of himself/herself of a size and format satisfactory to the Police Department and the City's Business License Division. One such photograph shall be attached at all times to the applicant's identification and registration card

and the other The photograph shall be retained by the Business License Division. The identification and registration card shal l bear the name of the applicant, the company , or companies which he/she represents, and his/her photograph. It shall be carried on the person of the Solicitor and shall be displayed to all residents or businesses at the beginning of the period of solicitation.
(c) An Established Place of Business operating in the City may seek business using Solicitors who continuously comply with each of the following requirements:
(1) The Established Place of Business must be open to the public at least eight hours a day, five days a week;

(2) A floor salesperson or manager of said business of the company shall be present at all times when the place of business is open;

(3) Said business or company shall have and maintain at said place a sign of not less than three square feet bearing the name of the business or company either on the front of the building or the side of building facing the street; (4) Each new Solicitor employed by the business shall be fingerprinted and furnish photographs to the City as set forth in subdivision (b) of this Section. Applicants or their Solicitor employees renewing a business license may be required to be fingerprinted prior to the renewal of their licenses.

Article 10: Specially Regulated Business—
Firearms, Pawnshops, Junk Dealers, Secondhand Stores, etc.

Sec. 16-7.10.010: Firearms, pawnshops, junk dealers, secondhand stores, etc.— Generally *Change*

Every person conducting the business of junk dealer, secondhand dealer, automobile and truck wrecking or dismantling, pawnbroker , or similar business where money is loaned on personal property for compensation is required to have a business license.

No person shall operate a junk, rubbish , or garbage collection vehicle or truck withi n the City unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the City Council Business License Division shall deem proper, executed by an insurance company approved by said council the Business License Division, which policy shall insure the public against any loss or damage that may result from the operation of said vehicle, and; provided further, that said policy of insurance shall provide for maximum recovery of not less than the following schedule:
(a) For injury or death of any one person in any one accident, two hundred fifty thousand dollars;
(b) For injury or death of two or more persons in any one accident, five hundred thousand dollars;
(c) For injury or destruction of property in any one accident, one hundred thousand dollars.

Such policies shall be on file with the City Clerk Business License Division.

No person shall operate a pawn shop or secondhand dealership without first obtaining a "pawn shop" or "secondhand dealer" license issued by the Victorville Ppolice DPdepartment.

Article 11: Specially Regulated Business—Massage

Sec. 16-7.11.010: Business license requirements *Change* In addition to the business license requirements stated in this title, massage establishments shall provide the Code Enforcement Building Official, or his/her designee, a list of names of massage technicians performing massage services at the establishment seeking a business license and provide a copy of the state certification for each listed massage technician.

Sec. 16-7.11.030: Massage technician requirements *Change* Every person performing massage services for compensation within the City of Victorville shall obtain and maintain a valid State M massage cCertificate. Individuals found to be performing massage services for compensation within the City of Victorville without a State C certificatieon shall be in violation of this code.

Massage establishments found to be employing, soliciting, or using massage technicians that do not possess a valid S state Mmassage Ccertificatseion shall be in violation of this code and deemed a public nuisance and shall be justification for revocation of the City business license.

Article 12: Specially Regulated Business—
Sidewalk Vendors

Sec. 16-7.12.010: Purpose and findings *Change* (a) Purpose. The purpose of this Article is to establish Sidewalk Vendor business licensing and regulatory standards that comply with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Article allow the City to encourage small business activities by removing certain prohibitions on portable food stands and certain forms of vending while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety, and welfare.

(b) Findings. The City Council finds that:
(1) Prohibiting Sidewalk Vending in streets/roadways and on medians is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets/roadways or on medians.
(2) Preventing Sidewalk Vendors from vending to persons in cars and other motorized vehicles, or from vending from the street or alley facing sides of their Vending Carts is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents when Sidewalk Vending Activities cause vehicles to suddenly stop or park illegally on City streets and disrupt the normal flow of traffic.

(3) Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Amplified sound devices may also cause traffic hazards by distracting drivers resulting in automobile accidents and harm

to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians.
(4) The regulations specified in this Article, including, but not limited to those governing sidewalk Vending Cart sizes, distance requirements, and food and merchandise storage, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101- 336) and other disability access standards.

(5) To protect the safety of children traveling to and from and in and around schools from potentially adverse safety impacts of traffic and sidewalk congestion, it is necessary to restrict sidewalk vendor activities during certain hours in such areas.

(6) Restricting Sidewalk Vending Activities on Sidewalks or Pedestrian Paths that are immediately adjacent to portions of streets or highways that are designated by signs or red curb markings as "no stopping" or "no parking" zones and near certain public facilities is needed to prevent interference with the flow of pedestrian or vehicular traffic, including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

(7) Regulating Sidewalk Vending Activities is necessary to preserve reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, and mailboxes, as well as access to locations used for public transportation services. (8) The City further finds that the circumstances of Sidewalk Vending, where Sidewalk Vendors set up stands or move from place to place as Roaming Sidewalk Vendors, has the potential for Sidewalk Vendors to engage in illegal activities, including but not limited to the sale of illegal substances or merchandise or the sale of counterfeit products. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, all Sidewalk Vendor License applicants, including all employees or Vending Cart operators, are required to undergo a fingerprinting background check to be conducted by the Business License Division or the Police Department prior to being licensed.

Sec. 16-7.12.030: Sidewalk vendor license application *Change* (a) All business license applications must be completed online through the City's designated business license application system ("License System"). To receive a Sidewalk Vendor License, applicants must provide the following to the City through the License System:
(1) A declaration that the information provided to the City in connection with the business license application is true and correct, to the best of the applicant's knowledge and belief;

(2) The applicant's agreement to indemnify, hold harmless, and defend the City, its officials, employees, and agents from and against all liability, damage, loss or injury arising from the Sidewalk Vendor's conduct of Sidewalk Vending Activity;

(3) An acknowledgement that use of public property is at the Sidewalk Vendor's own risk, and that the City does not take any steps to ensure public property is safe or conducive to Sidewalk Vending Activity;

(4) The applicant's agreement to comply with the provisions of this Article and all applicable provisions of the City's Municipal Code;

(5) All applicable documents described in Chapter 7, Article 3 of this Title (provided that a Sidewalk Vendor may submit a California driver's license or identification number, an individual taxpayer identification number, a Seller's Permit number, or a municipal identification number in lieu of a social security number, and any number so collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the licensure program or comply with a state law or state or federal court order);

(6) A list of all applicable employees or Vending Cart operators; (7) A detailed description of the Food and/or merchandise to be sold; (8) The hours per day and the days per week during which the Sidewalk Vendor proposes to operate, and whether the Sidewalk Vendor intends to operate as a Stationary or a Roaming Sidewalk Vendor;

(9) Roaming Sidewalk Vendors shall specify the roaming route and proposed areas within which Sidewalk Vendor Activity will be conducted;

(10) A description (including dimensions) of all Vending Carts to be used when vending, to include photos of the sides, front and rear of each Vending Cart;

(11) If the applicant will Vend food, copies of applicable permits issued by the Health Department (unless applicant is exempt from a Health Permit pursuant to California Health & Safety Code Section 114368.1(a)) and certification that the Sidewalk Vendor will comply with all applicable laws regarding food vending;

(12) Proof of general liability and other insurance coverages as deemed reasonably necessary to adequately protect the City in the types and amounts specified by the City's Risk Manager;
(13) A copy of the Sidewalk Vendor's current and valid Seller's Permit; (14) Full payment of the applicable business license fees, as established by resolution of the City Council.

(b) In addition, prior to the issuance of a Sidewalk Vendor License, the applicant and each of applicant's employees and/or Vending Cart operators shall cause to be filed with the Chief of Police Business License Division or the Police Department , or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police Business License Division or the Police Department, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.12.040.
(c) The items listed in subdivisions (a) and (b) of this Section, together with the Sidewalk Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Sidewalk Vendor's current Sidewalk Vendor License expires.

Sec. 16-7.12.040: Criteria for approval or denial of license *Change* (a) The City Manager Building Official, or his or /her designee, shall approve the application for issuance of a Sidewalk Vendor License unless he or /she determines that:

(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents;

(3) The applicant has failed to demonstrate an ability to conform to the operating conditions and standards set forth in Sections 16-7.12.070 through 16-7.12.100 of this Article;

(4) The applicant has failed to pay any previous administrative fines levied in accordance with Government Code Section 51039(a) ;
(5) The Chief of Police Business License Custodian of Records or the Police Department, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant and its employees:

(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or

(B) Active probation or parole status for any offenses set forth in this Sec tion that was committed within three (3) years of the date of application; or (C) A conviction of a felony or misdemeanor involving a crime of moral turpitude within three (3) years of the date of the application; or (D) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other state) is required.
(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16- 02.02.050 of this Title, the determination of denial shall become final and conclusive.

Sec. 16-7.12.050: License rescission *Change* The City Manager Building Official or the Code Enforcement Official may rescind a Sidewalk Vendor License issued to a Sidewalk Vendor for the term of said license for a fourth violation or subsequent violation of this Article. A Sidewalk Vendor whose license is rescinded may apply for a new Sidewalk Vendor License upon the expiration of the term of the rescinded license.

Sec. 16-7.12.060: Appeals
*Change*
Any person aggrieved by the decision of the City Manager Building Official or the Code Enforcement Official to issue, deny issuance, or rescind a Sidewalk Vendor License may appeal the decision to the Planning Commission in accordance with Sections 16- 2.02.010 and 16-

2.02.050 of this Title.

Article 13: Specially Regulated Business—
Mobile Vehicle Vendors

Sec. 16-7.13.030: Mobile vehicle vendor business license application *Change* (a) All business license applications must be completed through the City's designated business license application system ("License System"). To receive a Mobile Vehicle Vendor License, each prospective Mobile Vehicle Vendor must provide the following items to the City through the License System:
(1) All applicable documents described in Chapter 7, Article 3 of this Title; (2) A list of all applicable employees and/or Mobile Vending Vehicle licensed drivers; (3) A description of the food and/or merchandise to be sold; (4) Intended locations, days, and hours of operation;
(5) A description of all Mobile Vending Vehicles to be used when vending, to include color photos of the sides, front and rear of the vehicles, and license plate numbers; (6) If the applic ant will Vend Food, copies of applicable permits issued by the Health Department and certification that the Mobile Vehicle Vendor will comply with all applicable laws regarding Food Vending;
(7) Proof of general liability, automobile liability, and such other insurance coverages in the amounts and types specified by the City's Risk Manager; (8) Proof that each Mobile Vending Vehicle is properly registered with California Department of Motor Vehicles;

(9) A copy of the Mobile Vehicle Vendor's current and valid Seller's Permit; (10) A declaration that the information provided to the City in connection with the Mobile Vehicle Vendor License application is true and correct; (11) Full payment of the applicable Mobile Vehicle Vendor License fees, as set by Resolution of the City Council.
(b) Mobile Vehicle Vendors intending to operate on private property must also provide the following:

(1) A copy of the property owner's written authorization to vend in the specified location and approval of land use entitlements as prescribed in Chapter 3 of this Title; (2) A site plan, drawn to scale and with dimensions, indicating the location of all exis ting buildings, structures, driveways, parking spaces, traffic controls, and improvements and the location where the proposed vending activity will be located on site, and demonstrating that there will be adequate ingress and egress to the site and that the mobile vending activity will have adequate parking and not utilize parking otherwise required for any business located at the site;

(c) In addition, prior to the issuance of a Mobile Vehicle Vendor License, the applicant and each of applicant's employees and/or operators of Mobile Vending Vehicles shall cause to be filed with the Chief of Police Business License Division, or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police Business License Division, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan

vendor location. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police City’s Business License Custodian of Records or the Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.13.040. (d) The above information and the Mobile Vehicle Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Mobile Vehicle Vendor's current Mobile Vehicle Vendor License expires.

Sec. 16-7.13.040: Criteria for approval or denial of license *Change*

(a) The City Manager Building Official or the Code Enforcement Official, or his/ or her designee, may deny the application for issuance of a Mobile Vehicle Sidewalk Vendor License if he/or she determines that:
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The applicant has failed to demonstrate an ability to conform to the operating conditions and standards applicable to the particular type of Mobile Vehicle Vendor License for which vendor has applied, as set forth in Sections 16-7.13.050 through 16-

7.13.080 of this Article;

(4) The applicant has previously violated any provisions of this Article or this Chapter; (5) The Chief of Police City’s Business License Custodian of Records or the Police Department, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant or its employees:
(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or (B) Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or (C) A conviction of a felony or misdemeanor involving crime of moral turpitude within three (3) years of the date of the application; or

(D) If the application is for a driver/operator of a Mobile Vending Vehicle, conviction of alcohol or drug related traffic offenses;
(E) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other State) is required.

(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16- 02.02.050 of this Title, the determination of denial shall become final and conclusive.