Chapter 5.04 BUSINESS LICENSES GENERALLY
Section 5.04.190 Exemptions--Exclusions.
A. Nothing in this chapter shall be
deemed or construed to apply to any person transacting
and carrying on any business exempt by virtue of the Constitution or applicable statutes of the
United States or the state of California for the payment of such fees as are prescribed in this
chapter.
B. Any person claiming an exemption
pursuant to this section shall file a sworn statement
with the collector stating the facts upon which exemption is claimed, and in the absence of such
statement substantiating the claim, such person shall be liable for the payment of the fees
imposed by this chapter.
C. The provisions of this chapter
shall not be deemed to require payment of a license fee by
any doctor, lawyer, architect, dentist or other professional person not having a fixed place of
business within the city who is called upon to come into the city to render services; provided,
however, that nothing in this section or any subsection of it shall exempt any person from
complying with any of the regulatory measures or provisions of the ordinances of the city save
and except the payment of license fees required thereby; provided, further that any license
exempt of fee is nontransferable.
D. The provisions of this chapter
shall not apply to public utilities which are subject to and
are paying a franchise tax to the city, except that any such firm when engaged in selling goods,
wares or merchandise at retail shall be subject to license of such selling business.
E. Highway Carrier. Persons who operate
vehicles for hire and pay Public Utilities
Commission taxes for intercity (between cities) activities shall be exempt. Pursuant to the
California Public Utilities Code (Highway Carriers Uniform Business License Tax Act), Chapter
3, Section 4301 et seq. and the regulations promulgated thereunder, intracity (within the city)
business activities shall not be entitled to such exemption.
F. Bank/financial Institution. Any
bank or financial institution which pays taxes under the
California Revenue and Taxation Code Sections 23181 and 23182 shall be exempt.
G. Insurance Companies. Insurance
companies are exempt under the provisions of Article
XIII, Section 28 of the California Constitution. Independent insurance brokers shall not be
exempt.
H. The provisions of this chapter
shall not apply to any auctioneers who are licensed and
regulated under provisions of Chapter 5.08 of this title.
I. The provisions of this chapter
shall not apply to any garbage collectors who are licensed
and regulated under the provisions of this code.
J. The city council 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 in this section.
K. An exemption will be revoked whenever
there is reason to believe that any person to
whom a tax exempt certificate was issued pursuant to this section has furnished false or
misleading information in the affidavit.
L. Collector shall, upon a proper
showing contained in the sworn statement, issue a license
to such person claiming exemption under this section without payment to the city of the license
fee required by this chapter.
M. The collector, 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 in this section. (Ord. 470 § 2 (part),
1991: prior code § 12-19)