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Stockton Municipal Code

Chapter 6 - LICENSES AND PERMITS

Part I
BUSINESS LICENSES

Division 3
PROCEDURE FOR ISSUANCE


SEC 6-020. APPLICATION FOR ISSUANCE OF LICENSE:
Every person required to have a license under the provisions of this Part shall make application for the same to the Director of Finance of the City of Stockton. Such application shall be a written statement upon a form provided by such Director of Finance and shall be written by the applicant under penalty of perjury, or sworn to by the applicant before a person authorized to administer oaths. The application shall set forth such information as may be necessary properly to determine the amount of the license tax to be paid by the applicant.
If the amount of the license tax to be paid by the applicant is based upon gross receipts such application shall set forth the gross receipts for the applicable period as provided in Section 6-001, Paragraph 5 of this Part.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971)

SEC. 6-021. APPLICATION FOR FIRST LICENSE:
Every person making application for a first license shall estimate the gross receipts or other applicable basis for the period to be covered by the license to be issued. Such estimate, if accepted by the Director of Finance as being reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the Director of Finance with a sworn statement upon a form, to be provided by the Director of Finance, setting forth such information as may be therein required and showing, during the period of such license, the gross receipts or other applicable basis. The license tax shall be ascertained and paid upon such applicable basis, credit being given for the tentative license tax previously paid.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971) (Repealed and added by Ordinance 008-05-C.S. – Effective July 28, 2005)

SEC. 6-022. APPLICATION FOR RENEWAL OF LICENSE:
In all cases, the applicant for the renewal of a license shall submit to the Director of Finance a written statement upon a form to be provided by the Director of Finance, written under penalty of perjury, or sworn to before a person authorized to administer oaths. Said form shall set forth such information concerning the type of the applicant's business and the gross receipts derived therein or other applicable basis during the preceding licensing period as may be required by the Director of Finance to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this Part.
The Director of Finance shall determine the average monthly gross receipts or other applicable basis and compute the license fee payable for the next license period. For the purpose of this Section a fractional part of a month shall be considered as a full month.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971) (Repealed and added by Ordinance 008-05-C.S. – Effective July 28, 2005)

SEC. 6-023. STATEMENTS NOT CONCLUSIVE:
No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City of Stockton from collecting by appropriate action such sum as is actually due and payable hereunder. The Director of Finance of the City of Stockton shall have the right to be exercised, by himself or a member of his department, to inspect the books of any person engaged in or carrying on any profession, trade, calling, occupation or business within the City of Stockton for the purpose of ascertaining the true license tax of such person. This right can be exercised after five (5) days written notice to said person. If any person hereby required to make such statement referred to in this section shall fail to do so such person shall be required to pay a license tax at the amount to be determined by the Director of Finance for the profession, trade, calling, occupation or business carried on by such person and such person shall be guilty of a violation hereof, and be punishable therefor as provided by the Code of the City of Stockton.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971)

SEC. 6-024. INFORMATION CONFIDENTIAL:
The information furnished or secured pursuant to the provisions of this Part shall be deemed confidential in character, and shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this Part.
Unless in compliance with judicial order, or as may be required for the proper administration of this Part, the Director of Finance, his agents and employees, shall not divulge facts or information obtained in the administration hereof.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971)

SEC. 6-025. DETERMINATION OF LICENSE TAX IN CERTAIN CASES:
If any person fails to file any required statement within the time prescribed, or, if, after demand therefor has been made by the Director of Finance, he fails to file a corrected statement within fifteen (15) days after notification so to do, or it appears to the satisfaction of the Director of Finance that a statement filed does not set forth the true facts of the business for which the license is required, the Director of Finance shall determine the amount of license tax due from such person by means of such information as it may be able to obtain.
In case such determination is made, the Director of Finance shall give notice of the amount so assessed by serving it personally or by depositing it in the U.S. Post Office at Stockton, California, postage prepaid, addressed to the person so assessed at the address appearing on his last license or application. Such person may, within ten (10) days after the serving or mailing of such notice, make application in writing to the Director of Finance for a hearing on the amount of the license tax. If such application is made, the Director of Finance shall give not less than five (5) days written notice, in the manner prescribed herein to the licensee to show cause, at a time and place fixed in said notice, why said amount specified therein should not be fixed for such license. At such hearing the licensee may appear and offer evidence why such specified tax should not be fixed as the license tax. After such hearing, the Director of Finance shall determine the proper tax to be charged and shall forthwith give written notice to the licensee in the manner prescribed herein of such determination and the amount of such tax.
If application by the licensee for a hearing is not made within the time prescribed, the license tax determined by the Director of Finance shall become final and conclusive.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971)

SEC. 6-026. APPEAL:
Any person aggrieved by any decision of an administrative officer or agent with respect to the issuance or refusal to issue a license, or the amount of a license tax, may appeal to the Council by filing a notice of appeal with the Director of Finance within fifteen (15) days of such decision. The Council shall fix a time and place for hearing such appeal and the Director of Finance shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the U.S. Post Office at Stockton, California, postage prepaid, addressed to such persons at the address appearing on his last license or application. The findings of the Council shall be final and conclusive and shall be served upon the applicant in the manner prescribed above for service of notice of hearing.
The amount of any license tax finally determined as provided in this Section or Section 6-025 shall be due and payable as of the date the original license fee was due and payable, together with any penalties that may be due thereon.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971)

SEC. 6-026.1. REVOCATION OF PERMIT:
If following the issuance, but prior to the expiration date, of a permit requiring a background investigation by the Chief of Police into a permitee’s business responsibility and moral character, the permitee is convicted of any violation of this Chapter, a felony, a misdemeanor involving moral turpitude, or a violation of any narcotics law or engages in any other conduct such that in the opinion of the Chief of Police, the permitee is unsuitable to engage in the activity for which the permit was issued, the Chief of Police shall cause a revocation hearing to be held. The permitee shall be provided ten (10) days’ written notice of such hearing. At the hearing, the permitee shall appear before the Chief of Police or the Chief’s designee to present evidence and be heard as to why the permit should not be revoked. The permitee shall be notified in writing of the decision. The permitee shall have fifteen (15) days following receipt of the decision to request a hearing before the City Council to appeal the decision. The appeal procedures and process shall be as set forth in Section 6-026 of this Part. The decision of the City Council shall be final and conclusive.
(Added by Ordinance 029-01 C.S. – Effective January 3, 2002)

SEC. 6-027. RULES AND REGULATIONS:
Rules and Regulations supplementing the provisions of this Part shall be established from time to time by resolution of the City Council.
(Repealed and Added by Ordinance 2088-C.S. — Effective March 25, 1971)

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