Section § 16100

Explanation

This law allows county boards to issue licenses for businesses and set license fees as part of their local regulatory powers. It specifies that special rules apply to these fees, excluding nonprofit organizations and certain religious workers from fees based on income or revenue. Also, before issuing a license to contractors, counties must check that these individuals hold a valid license from the Contractors State License Board.

(a)CA Business & Professions Code § 16100(a) The board of supervisors may in the exercise of its police powers, and for the purpose of regulation, as herein provided, and not otherwise, license any kind of business not prohibited by law, transacted and carried on within the limits of its jurisdiction, including all shows, exhibitions, and lawful games, and may fix the rate of the license fee and provide for its collection by suit or otherwise.
(b)CA Business & Professions Code § 16100(b) No license fee levied pursuant to subdivision (a) that is measured by the licensee’s income or gross receipts, whether levied by a charter or general law county, shall apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyman, Christian Science practitioner, rabbi, or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.
(c)CA Business & Professions Code § 16100(c) Before a county issues a business license to a person to conduct business as a contractor, as defined by Section 7026, the county shall verify that the person is licensed by the Contractors State License Board.

Section § 16100.1

Explanation
If you’re applying for a business license in a California county, you can use different forms of ID, like a driver's license or an individual taxpayer number, instead of a social security number. You need to provide an address, like a P.O. box, where you can receive legal documents, and this address will be public. However, personal information like your home address or identification numbers is kept confidential and won’t be shared unless legally required.
(a)Copy CA Business & Professions Code § 16100.1(a)
(1)Copy CA Business & Professions Code § 16100.1(a)(1) A county that licenses businesses carried on within its jurisdiction shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the county otherwise requires a social security number for the issuance of a business license.
(2)CA Business & Professions Code § 16100.1(a)(2) A county that licenses a business carried on within its jurisdiction shall require the applicant to provide an address where the individual consents to receive service of process. An acceptable address for this purpose shall include a post office box or private mailbox that complies with paragraph (2) of subdivision (b) of Section 17538.5. This address shall be available for public inspection.
(3)CA Business & Professions Code § 16100.1(a)(3) Personal information collected for purposes of issuing a business license by a county shall be confidential, shall not be available to the public for inspection, and shall not be disclosed except as required to administer the licensure program or comply with a judicial warrant, subpoena, or court order.
(b)CA Business & Professions Code § 16100.1(b) For purposes of this section, “personal information” means all of the following:
(1)CA Business & Professions Code § 16100.1(b)(1) An applicant’s residential address if the applicant provides a different address pursuant to paragraph (2) of subdivision (a).
(2)CA Business & Professions Code § 16100.1(b)(2) A California driver’s license or identification number, an individual taxpayer identification number, a municipal identification number, and a social security number.
(3)CA Business & Professions Code § 16100.1(b)(3) Income and tax information.

Section § 16100.3

Explanation

When someone applies for a business license in areas that handle regulated industries, they need to prove they're enrolled in a specific water permit program. They must provide details like their facility location, industry codes, and certain permit numbers. Before issuing or renewing the license, counties must check these details against any applicable stormwater permits. Counties will pass the gathered information to California's State Water Resources Control Board upon request and must make certain documentation publicly available if asked. Counties can offer a temporary license for up to three months while businesses complete these requirements, and these rules have been in place since 2020. The law doesn't add extra liabilities to the counties, and it applies only where licenses are issued for revenue purposes.

(a)CA Business & Professions Code § 16100.3(a) When applying to a county for an initial business license, equivalent instrument, or permit, or business renewal thereof, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license, equivalent instrument, or permit, or renewal thereof, application:
(1)CA Business & Professions Code § 16100.3(a)(1) The name and location of facilities operated by the person who conducts that business.
(2)CA Business & Professions Code § 16100.3(a)(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.
(3)CA Business & Professions Code § 16100.3(a)(3) Any of the following for each facility operated by the person of that business:
(A)CA Business & Professions Code § 16100.3(a)(3)(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.
(B)CA Business & Professions Code § 16100.3(a)(3)(B) The WDID application number issued for the facility by the State Water Resources Control Board.
(C)CA Business & Professions Code § 16100.3(a)(3)(C) The “notice of nonapplicability” (NONA) identification number issued for the facility by the State Water Resources Control Board.
(D)CA Business & Professions Code § 16100.3(a)(3)(D) The “no exposure certification” (NEC) identification number issued for the facility by the State Water Resources Control Board.
(b)CA Business & Professions Code § 16100.3(b) Prior to the issuance or renewal of the business license, equivalent instrument, or permit, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.
(c)CA Business & Professions Code § 16100.3(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board. The county shall make the identification number provided in the applicable documentation available to the public upon request in a manner consistent with the procedures of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d)CA Business & Professions Code § 16100.3(d) For business license, equivalent instrument, or permit renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section.
(e)CA Business & Professions Code § 16100.3(e) “County” includes a charter county and a charter city and county.
(f)CA Business & Professions Code § 16100.3(f) This section shall apply to applications for initial business licenses, equivalent instruments, or permits, and renewals thereof, submitted on and after January 1, 2020.
(g)CA Business & Professions Code § 16100.3(g) This section shall not apply to a county that does not issue or renew, or have an application process for issuing or renewing, business licenses, equivalent instruments, or permits that include a business license.
(h)CA Business & Professions Code § 16100.3(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
(i)CA Business & Professions Code § 16100.3(i) For purposes of this section, a business license, equivalent instrument, or permit includes a business license, equivalent instrument, or permit issued solely for the purpose of raising revenue.

Section § 16100.5

Explanation

This law states that local governments in California, like counties or cities, cannot require musicians who perform in cafes and similar establishments to get a special permit or pay a fee for performing there. A 'cafe musician' is someone who plays an instrument at a place where food or drinks are sold and works as an employee or contractor, but it doesn't include the venue's owner or manager.

Notwithstanding Section 16100, no county or city and county shall require a regulatory license or impose a regulatory license fee with respect to cafe musicians.
“Cafe musician,” for the purposes of this section, means any person playing a musical instrument in any place or establishment where food or alcoholic beverages are sold, offered for sale or given away, who is an employee, or independent contractor, of such place or establishment. “Cafe musician” does not include an owner, manager, or operator of such place or establishment.

Section § 16100.7

Explanation

This law section states that counties or cities in California cannot require a license or charge a fee when federally recognized veterans' groups ask for donations. However, if these organizations are involved in business activities like selling goods or services, they may still need licenses for those specific activities.

(a)CA Business & Professions Code § 16100.7(a) Notwithstanding Section 37101 of the Government Code, Section 7284 of the Revenue and Taxation Code, or Section 16000 of this code, no county or city and county shall require a regulatory license or impose a regulatory license fee with respect to the solicitation of donations for the support of veterans by federally chartered veterans’ organizations specified in Title 36 of the United States Code.
(b)CA Business & Professions Code § 16100.7(b) This section shall not be construed to prohibit licensing and regulation of business-related activities, such as those involving the sale or exchange of goods or services.

Section § 16101

Explanation

This law allows county boards of supervisors to issue licenses for people who sell goods on the move, like hawkers and peddlers, to generate revenue. However, this does not apply to regular store owners, their employees, or farmers selling their own produce.

The boards of supervisors in their respective counties may for the purpose of revenue license individuals acting as hawkers, itinerant peddlers or itinerant vendors, other than merchants having a fixed place of business in the county, their employees, and farmers selling farm products produced by them.

Section § 16102

Explanation

This law allows any honorably discharged veteran from the U.S. military to sell goods without needing to pay for a license, tax, or fee at any city, county, or state level in California. The only restriction is that they cannot sell alcoholic beverages. The local governing body is required to give the veteran a license to sell, free of charge.

Every soldier, sailor or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or marine, without cost, a license therefor.

Section § 16103

Explanation

This law states that commercial travelers who only deal with wholesale goods, wares, and merchandise in California are not required to pay a license fee, and no penalties can be enforced against them for not paying one.

No license fee may be collected from, nor any penalty for the nonpayment thereof enforced against, any commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in at wholesale in this State.

Section § 16104

Explanation

This law states that counties in California cannot charge more than 3 cents per head for a business license related to raising, grazing, herding, or pasturing sheep. Additionally, this fee cannot be applied to lambs that are younger than eight months.

No license requiring a fee greater than 3 cents ($0.03) per head shall be imposed by the board of supervisors of any county on the business of raising, grazing, herding or pasturing sheep, nor shall any such license tax be applicable to or on account of lambs under eight months old.

Section § 16105

Explanation

If a business breaks the law against human cloning, as outlined in Section 24185 of the Health and Safety Code, its license will be taken away according to this chapter.

Any license issued to a business pursuant to this chapter shall be revoked for violation of Section 24185 of the Health and Safety Code, relating to human cloning.

Section § 16106

Explanation

This law states that when a county calculates 'gross receipts' for any local tax or fee on a cannabis retailer, they must not include amounts from certain state taxes. Specifically, this excludes the cannabis excise tax and sales and use taxes as outlined in the Revenue and Taxation Code and the California Constitution.

A county shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the county on a cannabis retailer licensed under Division 10 (commencing with Section 26000), the amount of any cannabis excise tax imposed under Section 34011.2 of, or any sales and use taxes imposed under Part 1 (commencing with Section 6001) of, Part 1.5 (commencing with Section 7200) of, or Part 1.6 (commencing with Section 7251) of, Division 2 of the Revenue and Taxation Code, or Section 35 of Article XIII of the California Constitution.