Sec. 15-1. - License required for designated businesses, occupations, activities or events.

It is unlawful for any person or organization to maintain, conduct, operate or carry on within the unincorporated areas of the county, any business, occupation, activity or event specified in this chapter without having procured a valid license or permit for such business, occupation, activity or event.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-2. - Definitions.

(a)

License. As used in this article, "license" or "licenses" includes both licenses and permits.

(b)

License issuer. As used in this article, "license issuer" includes any county agency authorized under this chapter to issue licenses or permits.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-3. - License issuer; designated county agencies.

The county treasurer-tax collector shall issue licenses for peddlers and solicitors, entertainment events, and charitable bingo games. The sheriff shall issue licenses for junk and secondhand dealers. The county health department shall issue licenses for tattoo parlors and underground storage of hazardous substances. The county agriculture commissioner-sealer shall issue licenses for commercial weighing and measuring devices.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-4. - Fees.

The board of supervisors, through a "master fee schedule," establishes rates for any and all license fees, application fees, inspection fees, and investigation fees chargeable pursuant to this chapter.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-5. - Application for license.

The application for a license under Chapter 15 shall be filed with the license issuer duly authorized herein to issue the license.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-6. - License; time for application; number.

A license must be procured from the license issuer before commencing or continuing any business, occupation, activity or event specified in this chapter unless otherwise indicated. A separate license must be obtained for each branch establishment or separate house or place of business located in the county.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-7. - Filing of application; payment of fees; period; contents of license.

(a)

Filing of application; payment of fees. Applications for licenses under this chapter shall be made in writing and filed with the license issuer on a form prepared and printed by the license issuer. All sums of money for application fees, license fees, inspection and investigation fees as established by the master fee schedule are due and payable in advance, at the office of the license issuer.

(b)

Period. All licenses, unless otherwise indicated, shall remain in effect for a period of one year from the date the license or permit was issued. Every license shall expire at the time fixed in the license.

(c)

Contents of license. Every license shall state the name of the applicant and the kind of business, occupation, activity or event and the location for which the same is issued. The license shall also state the amount of fees received, refer to this article, state the date and time the license was issued and be signed by the license issuer.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-8. - Investigation of applicant; referral to investigative agencies.

(a)

Referral by county treasurer-tax collector; time for response. In the event the county treasurer-tax collector is the license issuer pursuant to this chapter, he or she shall, upon receipt of an application for a license and the required fees, provide a copy of the application in a timely manner to each agency charged with the duty of investigating and making recommendations on the application for license. The agencies shall make an investigation which shall include an inspection if appropriate, and report the findings and recommendations back to the county treasurer-tax collector within 30 days after the receipt of the copy of the application.

(b)

Investigation. Each investigating agency shall conduct an inquiry, investigation and inspection of the applicant or the site of the business, occupation, activity, or event as follows:

(1)

The sheriff shall investigate whether the applicant's character is good.

(2)

The health department shall investigate whether the applicant is in compliance with applicable health ordinances, statutes, or regulations and shall make an inspection of the premises and facilities for the purpose of ascertaining the sanitary, health and safety conditions thereof

(3)

The fire control officer shall investigate whether the business, occupation, activity or event conducted on the premises would be a menace to the public safety or whether the applicant is violating any statutes or regulations that may apply.

(c)

Waiver of objections. By filing an application, the applicant shall be deemed to have waived any and all objections to, and to have thereby authorized any and all inquiries, investigations, and inspections authorized by this chapter.

(d)

Other license issuers. All other county license issuers shall conduct their own investigations prior to issuing a license.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-9. - License issuance; grounds for denial; notification; appeal.

(a)

Issuance. The license issuer, upon receiving the application, payment of fees, obtaining a favorable investigation of the applicant, and obtaining proof of compliance with any applicable provisions of the Kings County Zoning Ordinances, shall issue the license.

(b)

Grounds for denial. The county license issuer shall deny any application for a license upon finding any of the following:

(1)

The business, occupation, activity, or event to be licensed has been, will be, or is apt to become either a public nuisance or prohibited by any local ordinance or by any state, federal, or local law, rule or regulation.

(2)

The applicant or any agent or employee of the applicant has within the last five years been convicted of violating or been found by the license issuer, board of supervisors, or license issuer from any other county to have violated any of the provisions of this chapter or any statute, rule or regulation pertaining to the occupation, business, activity, or event for which the license is to be issued.

(3)

The applicant or any agent or employee of the applicant has previously obtained a license by fraud or misrepresentation or has knowingly made a false statement in a material matter pertaining to his or her application.

(4)

The applicant or any agent or employee of the applicant has been found, pursuant to a court or administrative proceeding, to have committed acts of fraud, false advertising, or other misrepresentation.

(c)

Notification. In the event the application is denied, the license issuer shall refuse to issue the license and notify the applicant of the denial in writing.

(d)

Appeal. In the event that the license is denied, the person making application may appeal in writing to the board of supervisors within 20 days from the mailing of the notification. The board shall hold a public hearing thereon which shall be set within 30 days from the filing of the appeal. The person applying for the license shall appear at the hearing or shall be presumed to have abandoned the appeal. Any decision rendered by the board shall be final.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-10. - Revocation or suspension; period of revocation or suspension.

(a)

Grounds for revocation or suspension. A license issued under the provisions of this chapter is granted and accepted by the person receiving the same under the express understanding that the same may be revoked or suspended at any time for the reasons stated in section 15-9(b) above or if the license holder is engaging in conduct or activities which constitute a danger to the public health or safety. A revocation cancels the license for all purposes. If a license is suspended, the license holder will temporarily be unable to continue with the business, occupation, activity or event during the period of suspension. A suspension does not extent the original period of the license.

(b)

New license prohibited. When the license has been revoked or suspended for any reason, no new or other license may be issued to the same person within six months of the revocation or within the period of the suspension.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-11. - Revocation; suspension; notice; right to hearing; no refund of fees.

(a)

Investigation. If a complaint has been lodged with the county regarding a license holder in connection with the business, occupation, activity or event for which the license was obtained, the license issuer shall refer the complaint to the appropriate investigating agencies for a report and recommendation within 30 days of receipt of the referral. Pending the investigation, the county license issuer shall be authorized to suspend the license for a period of no more than 30 days if appropriate under the circumstances.

(b)

Revocation or suspension. The county license issuer may revoke or suspend the license following an investigation and upon recommendation by the investigating agencies and advise the license holder of the revocation or suspension in writing.

(c)

Appeal. The license holder may appeal the decision to revoke or suspend the license to the board of supervisors following the procedure outlined in section 15-9(4) of this article. The decision to suspend or revoke the license shall remain in full force and effect pending the hearing on the appeal.

(d)

No refunds of fees. On revocation of the license, no monies paid shall be refunded.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-12. - Nonprofit organizations; no fee licenses.

The licensing provisions of this article shall fully apply to nonprofit organizations. Any fees required under this chapter, however, may be waived for bona fide nonprofit organizations. To obtain a waiver of fees, the applicant must provide an affidavit of any officer of the organization demonstrating to the satisfaction of the license issuer that the organization is wholly nonprofit in purpose and that no individual shall receive any pecuniary profit or benefit from the business, occupation, activity or event.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-13. - Renewal.

Before the expiration of an existing license, the same may be renewed by payment of the license fee as stated in the master fee schedule to the license issuer. Upon receiving payment, the license issuer shall issue a renewal license which shall be in the same form as the original with the word "renewal" written across the face of the license. A failure to renew the license by payment of the annual fee on or before expiration of the effective date of the license or permit shall automatically cancel the license and the same shall not be renewed except in the manner prescribed for the granting of a new license. The license issuer will endeavor when appropriate to provide notification to the license holder that the expiration of the existing license is eminent, but failure to send or receive notification does not act to prevent expiration of the existing license or relieve the license holder from the duty to timely renew the license.

The license issuer shall notify in a timely manner the investigating agencies in writing of all applications for renewal and provide a list of license holders not renewing their licenses.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-14. - Transfer.

Each license issued hereunder shall be issued to a specific person or organization for a specific location if the person or organization has a fixed place of business, with the exception of an itinerant junk dealer or peddlers as defined in this chapter. The license may not be transferred from one person or organization to another. The location may be changed upon application made to the county license or permit issuer accompanied by the required application fee and upon the recommendation of the investigating agencies acting in the same manner as upon applications for original licenses.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-15. - Display.

Every person having a license under the provisions of this chapter and carrying on a business, occupation, activity or event shall keep the license posted and exhibited while in force in some conspicuous part of the licensed place of business. Every person having a license, and not having a fixed place of business, shall carry the license with him at all times while carrying on the business, occupation, activity or event for which the same was granted. Every person having a license under the provisions of this chapter shall produce and exhibit the same when applying for a renewal thereof, and whenever requested to do so by any peace officer or investigating officers.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-16. - Compliance with other applicable laws.

A license issued pursuant to this chapter does not relieve the licensee from the necessity of complying with other federal, state and local laws, including but not limited to applicable zoning, building, safety, fire, and health requirements.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-17. - Proof of compliance with zoning ordinances.

The license issuer shall obtain proof to his or her satisfaction that the applicant has complied with the Kings County Zoning Ordinances prior to issuing the license.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-18. - Violations.

Pursuant to Government Code Section 25132, violation of any of the provisions of this chapter constitutes a misdemeanor, and each and every day such violation continues constitutes a separate offense.

(Ord. No. 584, § 2, 4-11-00)

Sec. 15-19. - Enforcement.

Pursuant to Penal Code Section 836.5, the license issuer, the county fire chief, the director of public health, the director of community development, and the sheriff, or their respective designees, have the duty to enforce this chapter and are authorized to arrest persons for violations of this chapter.

(Ord. No. 584, § 2, 4-11-00; Ord. No. 584.3, § 1, 5-17-11)