CHAPTER 5. BUSINESS REGULATIONSCHAPTER 5. BUSINESS REGULATIONS\Article 2. Business License

(a)   Business includes all activities engaged in with the object of gain, benefit, or advantage, directly or indirectly, and which maintains a store, storefront, warehouse, factory, shop, or other site out of which business is conducted.

(b)   Person means any individual, corporation, company firm, joint stock company, co-partnership, joint venture, trust business, trust, club, association, society, or any group of individuals acting as a unit, whether mutual, cooperative fraternal, nonprofit, or otherwise, including receiver, administrator, executor, assignee, or trustee in bankruptcy.

(Code 2014)

Unless otherwise exempted by the code of the City of Pleasanton, it shall be unlawful for any person to conduct, pursue carry on or operate any business in the city without first paying the license fee prescribed and procuring such a license from the city clerk whenever the procuring of the license is required by the city.

(Code 2014)

Every person desiring to do business in the city, and not otherwise exempt, shall apply to the city clerk for a license to operate such business. The clerk shall verify that the location of said business is properly zoned for such business, and no business license shall be granted until appropriate zoning has been verified. Upon said verification and the payment of the fee required hereunder, the city clerk shall issue to the applicant a license which shall be signed by the city clerk. It shall be the duty of the city clerk to pay over the amount so collected on each license issued to the city treasurer of the city.

(Code 2014)

No license granted by the city shall be assignable or transferable; nor shall such license authorize any person to do business or act under its duty the person named therein, nor at more than one place. There shall be no refunds except as specifically provided.

(Code 2014)

Unless otherwise provided, licenses shall commence and endure from January 1, or the date after January 1 on which said application is approved and expire on December 31 of the same year.

(Code 2014)

(a)   Farmers. No producer or grower, or his or her agents or employees, selling in the city, farm or garden products or fruits grown by him or her in the state shall be required to pay any license fee or occupation tax imposed by any law of this city, and he or she, his or her agents or employees, are hereby exempt from the payment of any such fees or taxes, or the securing of a license.

(b)   Nonprofit Organization Fundraising. Occasional fundraising by schools, churches, civic organizations, and similar entities shall be exempt.

(c)   Internet-Based Businesses. Business based online and without a physical location for meeting the public or otherwise doing business within the city, shall be exempt.

(d)   Farmers Markets, Flea Markets, and similar activities, when organized on an occasional basis (no more than twice per year) by a nonprofit entity or as a fund-raising activity for the public benefit.  This exemption shall include participants in said market or activity.

(e)   Individuals holding a personal/family garage sale, tag sale or similar activity on an occasional basis (no more than twice per year) to sell their own possessions to the public.

(Code 2014)

Unless otherwise provided, there shall be no license fees for this license.

(Code 2014)

(a)   All license fees shall be due and payable before the commencement of trade, occupation, business, or profession for which license fees are required.

(b)   No license shall be issued until the fee is paid.

(c)   Licenses shall be renewed on or before the expiration date of the current licenses.

(Code 2014)

The city clerk shall, upon payment of any license fee specified, give a receipt therefor stating the amount paid, the nature of the license issued, for what time and to whom issued, and if possible, the exact location where the business is to be carried on and the kind of business.

(Code 2014)

Unless otherwise provided all licenses shall be dated on the date of their issue, and shall state the name of the licensee, the kind of business he or she desires to engage in and the location thereof, the amount paid, and the time the license shall expire; and the person having such license shall be authorized to carry on the business therein named.

(Code 2014)

The city clerk shall keep a book in which shall be entered the name of each person licensed, his or her address, the date of the license, the purpose for which it is granted, the amount paid therefore, and the time the same shall expire and within 24 hours after any license has expired, the city clerk shall notify the chief of police of such expiration, unless the same shall have been renewed.

(Code 2014)

All persons doing business in a permanent location are required to have their license conspicuously displayed in their place of business, and all persons to whom licenses are issued not having a permanent place of business are required to carry their licenses with them and any licensee shall present the license for inspection when requested to do so by any citizen or officer of the city.

(Code 2014)

The city shall maintain on its website a directory of all currently licensed businesses, along with their contact information as provided on the Application for a Business License. Businesses whose license has expired will be removed from said Directory.

(Code 2014)

No person or entity shall sell or offer for sale any goods on or in the public streets, public or private parking lots, sidewalks, or any other location when such goods are offered for sale from trucks, other vehicles, temporary booths, or other temporary modes of display of goods for sale unless said person or entity has met the following conditions:

(a)   The person or entity has applied for and received a Business License from the city clerk.

(b)   The applicant has paid the City Clerk, in advance, a fee of $5.00 for a One Day Permit or $25.00 for an Annual Permit, which shall run with the calendar year and shall expire on December 31 of each year, regardless of when the Permit was first acquired.

(c)   The applicant has secured and provided to the city clerk written permission to locate the proposed sales activity from the owner of the private property upon which the applicant proposes to conduct such sales activity.

(d)   If the proposed location for sales activity is on city property, including streets and parking lots, the applicant has secured from the city clerk written permission to so locate the sales activity.

(e)   This section shall apply to Farmers Markets, Flea Markets, and similar activities when those activities do not meet the conditions of Section 5-206.

(Code 2014; Ord. 2013)

Any person convicted of a violation of this article shall be fined no less than $50.00 and no more than $500.00 for each violation. Each day in violation of this article may be considered a separate violation.

(Code 2014)