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Town of Atherton Business license ?

Posted: Mon Mar 24, 2014 9:02 am
by PipeSetter
I've been asked for this. (const staking etc)
Does anyone else here have one for surveying?
Can the town require this or is there some intrepretation
of state regs I should be familiar with ?

Posted: Mon Mar 24, 2014 9:36 am
by Warren Smith
I have seen this requirement as part of the plans and specs for the general contractor and all subcontractors in each bid package. The license isn't required until the bid is awarded.

Presumably, the cost of the license is factored into each submittal as an overhead item - like insurance, fuel, per diem, etc.

Posted: Mon Mar 24, 2014 10:15 am
by steffan
per B&P code:

16000.

(a) The legislative body of an incorporated city may, in the exercise of its police power, 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 rates of the license fee and provide for its collection by suit or otherwise. Any legislative body, including the legislative body of a charter city, that fixes the rate of license fees pursuant to this subdivision upon a business operating both within and outside the legislative bodys taxing jurisdiction, shall levy the license fee so that the measure of the fee fairly reflects that proportion of the activity actually carried on within the taxing jurisdiction.

See Ralph Simoni's article on this in the Cal Surveyor, Issue # 139

Posted: Mon Mar 24, 2014 11:16 am
by land butcher
Most cities have a fixed fee. Anaheim is outrageous, 15 years ago it was $2200, others are <$100.
I thought there was something that if you had a BL in your home city you didn't need one in each city you worked in.
~1990 El Segundo made Psomas license EVERY truck that worked in their city.
I can't imagine UPS, FedX and even plumbers having licenses in every city.

Posted: Mon Mar 24, 2014 12:37 pm
by Warren Smith
I've only seen this enforced for Public Works projects - as far as requiring a business license for a surveyor with a home office elsewhere. It seemed to be based on the anticipated income for the year for that and any other public projects within that jurisdiction.

Posted: Mon Mar 24, 2014 2:51 pm
by land butcher
Nope. When a private development is approved the bldg dept requires a list of sub contractors and letters go out to each one - Get BL or else.

They withhold final approval until every sub has his BL.

Posted: Mon Mar 24, 2014 6:02 pm
by PipeSetter
there is currently only 1 engineering or surveying firm with a current license according to the towns list. clearly some confusion, I called and if your working directly for a general contractor then you will need a license, for the homeowner then its likley to not be reported to the town, either way I've sent my $ to them for my license.

Posted: Tue Mar 25, 2014 7:21 am
by Tom Milo
There have previous discussion on this topic. I do believe there is reference on a previous discussion that you do not have to purchase a business license for each City you work.

Posted: Tue Mar 25, 2014 8:32 am
by Tom Milo
Some additional reading on business licenses.

Posted: Tue Mar 25, 2014 3:52 pm
by land butcher
PipeSetter wrote:there is currently only 1 engineering or surveying firm with a current license according to the towns list. clearly some confusion, I called and if your working directly for a general contractor then you will need a license, for the homeowner then its likley to not be reported to the town, either way I've sent my $ to them for my license.
That's how they get you. A homeowner is not going to call the city ans say "I have Fly-By-Night surveying my property". But the contractor is required to submit a list of sub contractors. Ca-ching.