* For statutory authority for counties to license any kind of regulation, see Bus. & Prof. Code § 16100; for authority to license hawkers, but no others, for revenue, see Bus. & Prof. Code § 16101.

This chapter shall be known as and may be cited as the “business license ordinance of Madera County.” (Ord. 475 § 2(part), 1983).

The purpose of this chapter is to insure the health, safety and welfare of the residents of Madera County in their transactions with entrepreneurs and to preserve and enhance the reputation and viability of businesses operating within Madera County. (Ord. 475 § 2(part), 1983).

For purposes of this chapter, the following words and phrases are defined:
“Business” means any activity, trade, calling, profession or occupation engaged in by any person with the object of gaining benefit, profit, or advantage for anyone.
“Fixed place of business” means a separate and distinct business establishment regularly kept open with an agent for such business in attendance.
“Peddler” means any person who, at any place other than a fixed place of business, offers for sale and immediate delivery any goods, wares, merchandise or thing in the possession of the peddler. “Peddler” does not include salesmen or agents for wholesale firms that sell only to retail dealers for resale and to manufacturers for manufacturing purposes. “Peddler” does not include an individual who operates a booth at a special event, where the special event applicant/coordinator/manager has already paid a business license fee.
“Person” means any natural person or persons, partnership, trust, corporation, association, society, club or other entity.
“Solicitor” means any person who goes from house to house or place to place, whether by appointment or otherwise, whose purpose is taking orders for or offering to sell goods, wares, merchandise or other things of value for future delivery or for services to be performed or who makes telephone calls for such purposes to persons within the unincorporated area of Madera County. (Ord. 475-C § 1, 1994; Ord. 475 § 2(part), 1983).

The county tax collector-treasurer shall be the business license collector for the county. (Ord. 475 § 2(part), 1983).

Except as otherwise provided in this chapter, no person shall maintain, conduct or carry on a business, whether or not for profit, within the county of Madera and outside the limits of any incorporated city without first obtaining a business license. No person shall establish a new or additional business location, change or expand the business use of any building or participate in a change of business ownership without first obtaining a new license. Separate licenses must be obtained for each branch establishment or separate business located within the unincorporated area of Madera County. (Ord. 475 § 2(part), 1983).

To procure a business license, written application shall be made with the license collector on forms provided therefor and accompanied by the appropriate business license fee. Every application for a business license shall be verified by the oath of the applicant. (Ord. 475 § 2(part), 1983).

Any person seeking to do business in the county of Madera must comply with all applicable legal requirements before applying for a business license. Every applicant shall obtain the approval of the Madera County planning department and Madera County environmental health department as to compliance with land use and public health and sanitation regulations. If at any time the license fails to comply with any legal requirements, his or her license may be revoked or suspended. (Ord. 475 § 2(part), 1983).

Upon meeting the requirements of this chapter, the license collector shall issue a license to the applicant. (Ord. 475 § 2(part), 1983).

Except as otherwise provided in this chapter, licenses shall remain in effect for the calendar year in which issued. (Ord. 475 § 2(part), 1983).

Except as otherwise provided in this chapter, in order to renew a valid business license, each person shall submit to the license collector prior to January 31st of the year following expiration of the license the required licensing fee and any necessary approval by the Madera County environmental health department. If the licensee fails to submit the required fee prior to January 31st, the license shall expire as of January 31st. (Ord. 475 § 2(part), 1983).

Every person issued a license under this chapter shall post it in a conspicuous place in his/her place of business. All peddlers, solicitor and other persons who do not have a fixed place of business must have their license in their possession at all times while conducting business and show their license upon demand made by any county official. (Ord. 475 § 2(part), 1983).

No license issued pursuant to the provisions of this chapter shall be assignable or transferable, nor shall any license authorize any person other than named therein to transact any business. (Ord. 475 § 2(part), 1983).

The board of supervisors may suspend or revoke a license for any of the following reasons:
A. Failure to pay the required licensing fee;
B. Misrepresentation of any material fact in the application for the business license;
C. Failure to comply with any mandatory provision of this chapter;
D. Failure to comply with any law, ordinance, rule or regulation relating to the operation of the particular business;
E. Conviction of any crime related to the licensee’s conduct of his or her business;
F. Violation of California Health and Safety Code Section 11364.7. (Ord. 468A § 2, 1987: Ord. 475 § 2(part), 1983).

If the license collector determines that cause exists for the suspension or revocation of a business license, the licensee shall be given written notice of that determination and provided an opportunity to request a hearing before the board of supervisors. (Ord. 475 § 2(part), 1983).

Any hearing to consider the suspension or revocation of a business license shall be held upon ten days’ written notice to the licensee. The licensee shall be provided an opportunity to appear and present evidence in his or her behalf. (Ord. 475 § 2(part), 1983).

A. Solicitors and peddlers shall pay a license fee of forty dollars per calendar year. Licenses issued after October 15th and through December 15th shall be ten dollars and shall be valid for the remaining part of the calendar year only. After December 15th the applicant shall pay a forty dollar fee which shall apply to the next calendar year. No refunds shall be granted.
B. An applicant for a solicitor or peddler’s license shall apply for and obtain an identification permit from the Madera County sheriff’s office.
C. The identification permit shall be on a form prescribed by the license collector and the applicant shall be fingerprinted by the sheriff’s office. The cost of the identification permit and fingerprinting shall be borne by the applicant.
D. No solicitor or peddler shall conduct business within the unincorporated area of Madera County between the hours of eight p.m. and eight a.m. (Ord. 475-C § 3, 1994; Ord. 475 § 2(part), 1983).

A. “Special events” includes circuses, rodeos, carnivals, rock concerts, flea markets, races, dances, minstrel shows, exhibitions, lectures or any other public exhibition or entertainment which is conducted on an irregular basis.
B. The license fee for any special event is twenty dollars per day, or any fraction thereof, subject to the provisions of subsection D of this section.
C. An applicant for a business license for a special event shall apply for and obtain a special event permit from the Madera County sheriff’s department. The sheriff shall approve and issue with or without conditions, a special event permit upon a satisfactory demonstration by the applicant that traffic, crowd control, and other factors affecting the public health, safety and general welfare will be adequately mitigated.
D. The sheriff shall have the authority to determine whether or not extraordinary law enforcement services shall be required. If such extraordinary services are required, the license fee shall be twenty dollars plus the cost of furnishing such services. The cost of such extraordinary services shall be deemed equal to the number of officers required multiplied by the number of hours of the event multiplied by an hourly rate which shall be set by the board of supervisors by resolution. The sheriff shall have sole discretion to determine the number of officers required to adequately staff each special event.
1. Flea Markets/Peddler’s Markets or Fairs. After the applicant for the special event has obtained the necessary permits from the sheriff’s office, the special event applicant/coordinator/manager must apply for a Madera County business license. The license fee will be twenty dollars per day up to two consecutive days for a maximum of forty dollars per special event. Each event must receive a separate business license and pay separate licensing fees.
E. An applicant for a business license for a special event shall have the right to appeal any decision in which the sheriff denies he application or establishes terms or conditions which the applicant considers unreasonable. Said appeal shall be made in writing to the board of supervisors within five days of the sheriff’s decision and may be heard only if the matter has been properly placed on the agenda of a regularly scheduled board meeting. The scope of inquiry by the board of supervisors shall be limited to a determination of whether the sheriff clearly abused the discretion granted by this section.
F. If the applicant for a special event must conform to Chapter 5.12, Parades, or Chapter 5.16, Rock festivals, proof of such conformance shall be submitted along with the application for a business license. (Ord. 475-C § 2, 1994; Ord. 475-A § 1, 1984: Ord. 475 § 2(part), 1983).

Except as otherwise provided by Sections 5.04.160 or 5.04.170 of this chapter, the fee for each business license is forty dollars per calendar year. Business licenses issued after October 15th and through December 15th shall be ten dollars and shall be valid for the remaining part of the calendar year only. After December 15th the applicant shall pay a fee of forty dollars which shall apply to the next calendar year. (Ord. 475-C § 4, 1994: Ord. 475 § 2(part), 1983).

The following persons shall be exempt from the payment of license fees, except for that portion of a business license fee assessed for special events pursuant to subsection D of Section 5.04.170, but shall be required to file an application with the license collector:
A. Any person possessing a valid business license issued by any incorporated city within the county of Madera unless that person operates a separate fixed place of business within the unincorporated area of Madera County. This exemption does not apply to solicitors and peddlers nor to applicants for special event licenses;
B. Every honorably discharged veteran who qualifies pursuant to the provisions of Business and Professions Code § 16102. All claims for such exemption shall be referred to the Veterans’ Service Office for investigation and recommendation;
C. Any person engaged in wholesaling goods, wares and merchandise to retail dealers and manufacturers for resale or for incorporation into produced goods;
D. All nonprofit charitable, religious, fraternal and educational organizations and any solicitor or peddler employed by such organization who does not profit from such business activity;
E. Any person conducting the following types of public auctions;
1. Sale of government property,
2. Sale of property through a court order or a deed of trust,
3. Sale of property by a trustee, assignee or receiver in bankruptcy;
F. Any person selling used household goods or other used personal property at his or her residence;
G. Any public utility possession a franchise granted by and making payments thereunder to the county of Madera.
H. Any person selling agricultural, viticultural, horticultural, stock, dairy or poultry products, grown or produced by the person’s own labor on property owned, leased or possessed by that person. All claims for such exemption shall be referred to the county agricultural commissioner for investigation and recommendation;
I. Any person who is transacting or carrying on any business is exempt from the payment to a political subdivision of business license fees by virtue of the Constitution or applicable statutes of the United States or the state of California. (Ord. 475-A § 3, 1984; Ord. 475 § 2(part), 1983).

Any person conducting a business who wilfully violates or causes, permits or assists in the violation of any of the provisions of this chapter shall be punished as provided in Chapter 1.12 of this code. (Ord. 475 § 2(part), 1983).

This chapter shall apply to all businesses being conducted in Madera County upon the effective date of this chapter; provided, that any business license which is valid, unexpired and unrevoked as of the effective date of this chapter shall remain valid until December 31, 1983. (Ord. 475 § 2(part), 1983).

The granting of a business license under this chapter does not relieve the applicant from the duties or provisions of any other chapter or section of this code. This includes, but is not limited to, applying for and receiving any other applicable license or permit required under this code. (Ord. 475B § 1, 1990).