In addition, the Ordinance requires covered employers to:. If you have questions about the San Francisco Fair Chance Ordinance or wish to report a violation of the law, call or email fco sfgov. The amendment became operative on October 1, Back to Top. Skip to main content. The legislation took effect on October 1, The amendment expands the scope of the ordinance to cover all employers with 5 or more employees. The FCO also prohibits covered employers from ever considering the following: An arrest not leading to a conviction, except for unresolved arrests.
Participation in a diversion or deferral of judgment program. A conviction that has been dismissed, expunged, otherwise invalidated, or inoperative. A conviction in the juvenile justice system. An offense other than a felony or misdemeanor, such as an infraction. A conviction for decriminalized conduct, including the non-commercial use and cultivation of cannabis. No license fee paid in conforming to this Chapter shall be refundable for any reason at any later date.
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No license issued under this Chapter shall be interpreted as permission to conduct a business which is prohibited by Town zoning rules and regulations. The business license issued pursuant to the provisions of this Chapter constitutes a receipt for the license fee paid and is a requirement, but not a formal permit, to transact and carry on any business activity within this Town. Neither the payment of the fee nor the possession of the business license authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code or Ordinance or by any State statute or other law must first be obtained or complied with before the doing of any act or thing for which it is required.
Any person required to pay a license fee for conducting a business under this Chapter shall not be relieved from the payment of any license or other fee for the privilege of conducting such business or similar or related activity required under any other provision of this Code or any other ordinance or regulation of the Town or other agency, and such person shall remain subject to all regulatory provisions of other ordinances and laws. Unless otherwise specifically or by necessary implication provided herein, neither the adoption of this Chapter nor its superseding of any portion of any other ordinance of the Town shall in any manner be construed to affect prosecution for the violation of any other ordinance committed prior to the adoption hereof, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto pertaining shall continue in full force and effect for the term prescribed therein.
The information given or secured on the active business license shall be public information. In addition, the business phone number, as provided by the applicant on the business license application, shall also be considered public information. Information on other portions of the business license application may be considered public information if it is found necessary by the Collector to enforce the provisions of this Chapter, or for the enforcement of other Ordinances or laws intended to preserve the public health, safety and welfare; otherwise said other information shall be confidential, unless disclosure is required by law or by order of a court with competent jurisdiction.
All statements and records submitted in order to ascertain the amount of license fees may be substantiated through audit proceedings relating to employee-related records and any applicant's prior employee-related records are subject to audit at the collector's discretion. All persons subject to the conditions of this Chapter shall be required to keep complete and accurate records. The Town Treasurer shall issue to any person having met the standards of this Chapter a license which shall contain the following: the business name, business location, business owner s , business type, description of the business, business license number, effective date, expiration date, business mailing address, and the electronic signature of the Town employee authorized to issue business license.
The license issued by the Town Treasurer for the purpose of posting in places of business shall not contain reference to the amount of the license fee. The Town Treasurer shall keep a list of all delinquent renewal licenses that are payable under this Chapter and shall add a penalty of twenty-five percent of the license fee on the first day of each month after the due date of the renewal or initial application, for failure to pay an annual license fee when due.
The Town Treasurer shall add a penalty of twenty-five percent of the license fee on the day following the due date and all such penalties may be calculated retroactively to the passage of this Chapter but shall not exceed a sum greater than that sum as calculated over a three year period the total fee shall not exceed three times the annual license fee.
All licenses shall be annual licenses and shall be due and payable on or before the date the business commences, and shall be renewed annually on the anniversary of the effective date of the initial or prior license; the "effective date" shall be the day the business license is issued. The amount of all business license fees in this Chapter shall be revised on January 1 of each year, commencing January 1, , by an amount equal to the increase in the average gross national product deflation factor as published by the United States Department of Commerce.
In all cases, the applicant for the renewal of a license shall submit to the collector for his guidance in ascertaining the amount of the license fee to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth the information concerning the applicant's business during the preceding year as may be required by the collector to enable him to ascertain the amount of the license fee to be paid by the applicant pursuant to the provisions of this Chapter.
All businesses shall display business licenses in the following manners: any license holder conducting business at a fixed place in the Town of Apple Valley shall keep the license posted in a conspicuous place on the business premises; any license holder conducting business but not operating at a fixed place in the Town of Apple Valley shall keep the original license on his person at all times while conducting business; and any license holder operating one or more vehicles in the Town shall keep a copy of the original license in each such vehicle.
Where a license holder is authorized to conduct business at a specific location, such a license holder may move his place of business following the submission of a revised application with the appropriate change of address. The appropriate departments of the Town must approve the new location prior to the issuance of the revised license. The Change of Place of Business Fee will be waived if the change is made during the annual renewal process, or any time during the year when the business is located outside of the town limits and does not require the departmental review.
In the event that any person is conducting two or more businesses required to be licensed in the same location, separate fees shall be charged and licenses issued at a full fee rate. Where a license fee is imposed upon any business pursuant to this Chapter, and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business. A separate license shall be obtained for each branch establishment or location at the same location.
Each license shall authorize the licensee to transact and carry on only the business licensed thereby, at the location specified in the license, and in the manner designated in such license. Warehouses and distributing plants used in connection with and incidental to a business shall not be deemed to be separate places of business or branch establishments.
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Any license granted through the provisions of this Chapter may be revoked by the Town Manager if he determines either 1 that it was fraudulently or wrongfully issued or obtained, or 2 that the information provided in the application was misleading or false in any material respect, or 3 that the business is operating in violation of any statute, ordinance or law, or 4 that the revocation is necessary to health, safety or welfare of the community, subject to the provisions of Subsection b below.
Within fifteen days of such notice, the license holder may file a written request with the Town Clerk to appear before the Town Council, and when a hearing is thereafter scheduled by the Town Clerk, the license holder may appear and show cause before the Town Council why such license should not be revoked. Upon the failure of the license holder to file a written request to appear within fifteen days, or if after the hearing of the Council, the Council finds good and sufficient cause of revocation, the license shall be revoked.
No refund of any license shall be made following revocation. Any person who violates any provision or prohibition contained in this Chapter, or is found to have misrepresented to the Collector the nature, character, description or extent of his business or number of equivalent full time employees or other employees of his business is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with the provisions of Section 1. Amended Ord. The Amount of any business license fee and penalty imposed by the provisions of this Chapter shall be deemed a debt to the Town.
An action may be commenced in the name of the Town in any court of competent jurisdiction for the amount of any delinquent license fee, penalties, and administrative costs incurred in connection therewith, including attorneys fees. The amount of the license fees to be paid to the Town by each and all persons conducting any and all businesses to which this Ordinance applies shall be based on the number of employees employed by each of said businesses.
The fee is calculated as follows:. The business of peddling, or hawking, is prohibited, and a business license shall not be issued therefore. Businesses that have a valid Town business license may solicit orders for later delivery. Chapter 5. The tenant of the multi-family residence shall receive written permission from the owner of the property prior to obtaining the Garage-Yard Sale permit and shall submit this written authorization at the time of registration with the Finance Department.
Only the occupant of the multi-family residential unit shall be permitted to apply for and obtain the Garage-Yard Sale permit.
The business of operation of a filming company is not subject to the provisions in this Chapter, but, instead, is subject to other applicable ordinances and fees relating to such operations. Adding Chapter 5. Individuals holding a current business license for this type of business at the time of the revision of this section shall be allowed three years to obtain this certification. Added per Ordinance dated ; Amended per Ordinance dated Added per Ordinance dated Temporary events are identified as events requiring a Special Events Permit from the Planning Division.
Operators of and vendors at temporary events shall be required to obtain a business license and must certify that the sales tax collected on sales made in Apple Valley will be reported to the State of California as such. Business licenses are required for any for-hire motor carrier of property or passengers not specifically exempted by state or federal law. Business license fees may be adjusted so as not to cause an undue burden upon interstate commerce as explained in section 5.
Drivers of passenger carriers would be required to pass a background check and provide adequate proof of insurance. These investigating departments shall report their findings, together with their approval of or objection to the issuance of a license to the collector within ten business days of the referral.
The collector shall, upon receipt of these reports and any recommendations either issue or deny the issuance of the license. Every junk dealer, pawnbroker, secondhand dealer and salvage collector shall hold and keep exposed any property acquired by them in the course of their business for inspection on their business premises during business hours. Junk dealers shall hold all personal property received as received except automobile bodies until the expiration of three days after the submission of the daily report required by this chapter.
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The daily reports shall be accompanied by a purchase form for each individual transaction. The specific information required on the purchase form is as follows;. Material category descriptions;. Weight of material, amount paid and time of payment; 6. Description and identification number of automobile and automobile bodies.
Such information may be provided by submission of a vehicle report completed by the seller of any automobile or automobile body. The vehicle report forms will be made available by the police department. Products such as castings, wire, tubing, pipe, or similar items may be commonly described. Nonferrous materials shall be reported and ferrous materials including fence material, pipe, chain, machinery parts, foundry castings, cable, automobiles, and automobile bodies shall be reported.
The records required by this section shall be retained by the applicant for a period of three years and shall be available for inspection upon demand by any law enforcement officer. The failure to complete, file and retain the records required pursuant to Section 5. No permit shall be issued to authorize tobacco retailing at any place other than a fixed location.
Tobacco retailing from any non- permanent location, including from vehicles, is prohibited. No permit shall be issued for residences, newsstands, or locations where engaging in tobacco retailing is prohibited by federal, state or local law. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a permit.
source Each applicant shall be responsible for reviewing the conditions of conducting retail tobacco sales within the Town of Apple Valley and shall agree to abide by these conditions by signing the application under penalty of perjury. All applications shall be submitted on a form supplied by the Town and shall contain the following information:.
Finance Department Responsibilities. If a new person or proprietor acquires a business engaged in tobacco retailing, that person or proprietor must apply for a new permit before engaging in the sale of tobacco products or tobacco paraphernalia. The violations set forth in this section are cumulative to, and in addition to, any other violations of federal, state or local law and shall be punished as specified in Section 5.
Any tobacco retailer for whom a duly certified abstract of the record of any court or administrative adjudicative proceeding has been received by the Town Manager or designee showing that the tobacco retailer has violated any federal, state or local law regarding the sale, advertisement or display of tobacco products shall be guilty of an administrative violation. An administrative penalty will be imposed under Section 5.