SECTION 1 - DEFINITIONS

§ 1. For the purposes of this ordinance:

1. “Shall” is mandatory, and “may” is permissive.
2. The term "city" shall refer to the territory of the City of Los Santos as defined in section five (5) of this charter, and unless specified otherwise, shall include all of its districts.
3. The term “State” is the State of San Andreas.
4. The term “County” means Los Santos County.
5. The term "City" is an abbreviation for the Los Santos City Government, and unless specified otherwise, shall include all of its agencies.
6. The term "agency" refers to a city, county, district, or another office, position, administration, department, division, bureau, board, or a corporation, institution, or agency of government, the expenditures of which are paid, in whole or in part from the City Treasury.
7. The term "law" or "laws" shall include the constitution, this charter, any statute, and any ordinance, rule or regulation having the force of law applicable in the City of Los Santos, State of San Andreas, or the United States of America
8. "Fronting Practices" refer to any deliberate arrangement or scheme wherein an individual or entity conceals their true identity, ownership, shareholders, rank structure, or involvement in a business transaction or enterprise by utilizing another individual or entity as a facade, also referred to as a "shell" company.
9. "Business Dispute Resolution Board" shall refer to the municipal business licensing board chaired by the Mayor of Los Santos, and comprised of the Director and Deputy Directors of Finance, and the Commissioner of Licensing which handles the appeals of fines, sanctions, fees, and refunds of business sanctions and offenses.
10. "Civil Fine" shall be defined as a monetary penalty imposed by the Department of Finance as redress for wrongdoing stemming from a violation of this code.
11. "Majority shareholder" shall mean any person owning more than fifty percent (50%) of all shares of the business.
12. "General Conduct License" is a license that permits an individual or business to engage in a broad range of business related financial activities or operations within the City or County of Los Santos jurisdiction.
13. "Liquor Sales License" is a license that permits an establishment, business, or individual who intends to sell or dispense alcohol during a public and/or private opening.
14. "Adult Entertainment License" is a license that permits an establishment, business, or individual to conduct and sell sexually explicit entertainment, pornography, or other materials sexual materials considered for those 18 years of age or older, inside a business or through online sales and merchandising.
15. "Tobacco License" is a license that permits an establishment, business, or individual who intends to sell, manufacture, or import cigarettes, cigars, nicotine vaporizers, tobacco dips, chewing tobacco, and/or other tobacco and nicotine products.
16. "Broadcasting and Media License" is a license that permits an individual or business, to engage in the use of limited-access frequencies to broadcast television media within the jurisdiction of the City or County under the guise of informational, educational, entertainment, or journalistic nature.
17. "Adult material" shall refer to content intended for individuals aged 18 years or older, encompassing explicit sexual content, pornography, nudity, including exposed breasts, genitalia, or other sexual body parts, or graphic violence.
18. "Shareholder" shall mean any person owning any percent of shares of the business.

SECTION 2 - EFFECTIVE DATE & ABOLISHMENT

§ 2. This ordinance shall take effect immediately upon being signed into law and passage by the City Council and Mayor, hereby abolishing the previous "City of Los Santos Business Code"

SECTION 3 - COMPETENT AUTHORITY

§ 3. The enforcement of the provisions set forth in this ordinance falls under the purview of the City of Los Santos. In accordance with Title V. Chapter 3 of the Los Santos City Charter the chartered Department of Finance has been designated as the competent authority for the implementation of all business licensing rules and regulations contained herein.

1. The provisions of this code shall apply to any entity engaged in economic activity in the City and County of Los Santos, regardless of its legal status and the manner in which it is financed. For the purpose of this ordinance, an economic activity is defined as making, providing, purchasing, or selling goods or services. Accordingly, persons acting outside the scope of an economic activity do not fall under the application of this code. For the purpose of this ordinance, any entity as described above shall be hereinafter referred to as a business.

SECTION 4 - TITLE

§ 4. This ordinance shall be known and cited as the "Municipal Business Code" or "Municipal Business Code of 2024."

SECTION 1

§ 1. LEGAL INCORPORATION ─ Any business with the intent of engaging in economic activity in the State of San Andreas shall be registered and licensed with the Department of Finance by (one of) its majority shareholders. The registration shall mention the (fictitious) name, the business address, the statutes of the business (field of activities) and its shareholders.

1. Should there be any cases where the distribution of shares results in no single shareholder owning more than fifty percent (50%) of all shares, the application for registration of the business must be submitted or approved by a group of shareholders who collectively own more than fifty percent (50%) of all shares.

SECTION 2

§ 2. BUSINESS NAME ─ Every registered business must have an official name under which a business is registered as a legal entity, and optionally a fictitious business name which refers to the name under which a business publicly presents itself and engages in commercial activities. The exclusive right to a particular (fictitious) business name belongs to the first business successfully registering it with the Department of Finance. The first actual visible, public, and continuous use of a name shall not entitle the creator to exclusive use of that name if the name was not registered with the Department of Finance.

1. A fictitious business name shall not be considered the legal name of the business entity but is used for branding and marketing purposes. Any business that uses a fictitious name must include the real name visible somewhere on the advertisement, product, or promotional material to properly identify its business of origin.

SECTION 3

§ 3. TRANSFER OF OWNERSHIP ─ Business owner(s) are required to report any form of change of ownership to the Department of Finance in order for the business to preserve its registered status. A new business registration will be required if none of the shareholders remain the same before and after the transfer of ownership. If at least one of the shareholders remains the same, a supplementary notification can be submitted instead, indicating the change

SECTION 1 - LICENSE TYPES AND INTENTS

§ 1. The State of San Andreas has delegated the City of Los Santos as recognized by the State Constitution of San Andreas, authority over the issuance and regulation of all business licensing. Any business, establishment, or individual looking to conduct business in the City or County of Los Santos must hold the following sorts of licenses and/or permits in respect to their definitions of Chapter 1 in this ordinance;

1. A "General Conduct License" shall be required for any establishment or company conducting business within the County or City of Los Santos, as defined in Chapter 1 of this ordinance.
2. A "Liquor Sales License" shall be required for any establishment or company selling alcoholic products with any alcohol by volume percentage (ABV%) within the County or City of Los Santos, as defined in Chapter 1 of this ordinance.
3. An "Adult Entertainment License" shall be required for individuals, establishments, or companies engaged in the sale or provision of materials classified as 'adult material' or similar entertainment. This includes individuals who offer online subscription-based or pay-per-view services enabling content creators of an adult or explicit nature to share multimedia content, such as images, videos, and live streams, with subscribers who typically pay a one-time or recurring fee for access.
4. "Broadcasting and Media License" shall be required for individuals, establishments, or businesses to broadcast entertainment, educational, journalistic, informational, and or other content, as defined in Chapter 1 of this ordinance.

SECTION 2 - LICENSE VALIDITY

§ 2. Any license issued in accordance with this ordinance shall be valid for a limited period of time determined by the Department of Finance at the time of issuance unless such license was revoked, suspended, or has expired, the maximum a license can be valid for is one calendar year of three hundred sixty-five (365) days.

SECTION 3 - LICENSE VALIDITY

§ 3. The Department of Finance may, in coordination with the Office of the City Treasurer and the Office of the Mayor, make by-laws regarding the terms and conditions of any business license as defined in section one (1) of this chapter.

1. It shall be the responsibility of the license holder to remain informed of any updates to the general terms and conditions of any acquired business license. Any amendment to the terms and conditions of a license shall be published by the Department of Finance in the Official Bulletin of the City of Los Santos before such change taking effect.
2. The Department of Finance is authorized to levy or impose a license fee, a license renewal fee, or a similar fee and may in coordination with the Office of the City Treasurer and the Office of the Mayor determine the amount of such fees to be charged. License fees may be refunded for good cause, as determined by the department's Director.

SECTION 4 - TRANSFER OF OWNERSHIP

§ 4. Business license(s) are non-transferable in the event of a change of ownership. New owner(s) are legally required to apply for a new business license(s) upon acquiring a business.

SECTION 1 - APPLICATION REVIEW

§ 1. Any person or business as defined in this code is subject to a requirement to apply for registration or a business license which must be submitted to the Department of Finance in the prescribed manner and form consistent with the explicit instructions promulgated by the City and in compliance with this code and any other applicable law.

1. The Department of Finance shall be required to take into consideration any application within fourteen (14) days of receipt in a deliberate and evidence-informed manner.
2. In the event an application does not comply with the requirements prescribed in this section or any relevant applicable law, the Department of Finance may notify the applicant in writing of that fact requesting any such information and may return the application to the applicant with such instructions the licensing authority deems appropriate.
3. The Department of Finance may, in coordination with the Office of the City Treasurer subject to the Office of the Mayor, make by-laws regarding business registration, licensing, and any substantive or procedural matter connected therewith.

SECTION 2 - DEEMED ISSUANCE OF LICENSE

§ 2. If upon approval of an application and after successful payment as per the City's instructions of the licensing fee(s), the Department of Finance has not awarded the license applied for, such application must be deemed to have been approved and such license must be considered as having been issued.

SECTION 3 - CONSIDERATIONS FOR ABANDONING OF APPLICATION

§ 3. If an applicant fails to submit any outstanding document or information in writing in terms of section one (1) of this chapter to the Department of Finance within seven (7) days of the date of request of such document or information, the application shall be deemed as having been abandoned and the Department of Finance shall be relieved of the obligation to take such application into further consideration.

SECTION 4 - TEMPORARY PERMIT

§ 4. Upon applying for a business license, a registered business is permitted to continue its regular operations. However, if the business engages in the sale of restricted items such as alcoholic beverages or tobacco products, it must suspend sales of these products until valid alcohol or tobacco licenses are obtained and issued.

SECTION 1 - SCOPE OF INSPECTION

§ 1. The Department of Finance shall have the right to conduct business inspections to monitor and enforce compliance with this code or any other relevant law. This right shall include but not be limited to; investigating complaints submitted to the department, questioning any individual on any premises in respect of any matter that may be relevant to the inspection, questioning any person suspected of having information relevant to the inspection, ) ordering any person to appear before the representative(s) at a reasonable time and place with regard to the matter being investigated and/or, inspecting or copying any document, take photographs, make audio-visual recordings of any person, process, action or condition on or regarding any premises and take samples of any substance that is relevant to the inspection and having the power to close any premises pending further investigation as provided for in this code.

1. Inspections must be conducted outside of regular business hours and must be scheduled within a reasonable timeframe of seven (7) days once the license application has been submitted. The business owner or a designee authorized by the owner should be present during the inspection. If the Department of Finance is unable to arrange an inspection within the specified timeframe due to time constraints, the licenses shall be granted in full upon receipt of payment for the required fees from the applicant.
2. The City Operations Office, along with the Office of the Mayor shall multilaterally define safety standard policies, requirements, exceptions and exemptions to be enforced during business inspections and subsequently enforced in order to fail or pass a business inspection.

((To ensure smooth gameplay and expedited process, applicants will have the chance to submit their availability along with their license application. This allows for expedited processing in cases where no licensing official can accommodate the applicant's schedule within the allotted time due to time zones or schedule differences. In such instances, the license and inspection process will proceed through a passively roleplayed inspection, typically completed within 2-7 days.))

SECTION 2 - POWERS OF INSPECTION

§ 2. Any representative of the Department of Finance may enter a business premises where he or she reasonably suspects that a business activity is being conducted for the purposes of verifying registration or license status.

1. Any representative from the Department of Finance is authorized to request that the business owner or manager provide the necessary business and premises licensing documents upon request. However, it is required that the Department of Finance Representatives first establish contact with the business owner before seeking such documentation from a manager.
2. Any representative of the Department of Finance shall upon first request produce his or her government identification card to any person affected by the inspection.

SECTION 3 - MINOR DECOY PROGRAM

§ 3. The Department of Finance has the right to administer a Minor Decoy Program enabling the representatives thereof to call upon the services of individuals under the age of twenty-one (21) years to investigate, uncover, and prevent the unlawful sale, distribution, and consumption of age-restricted products.

SECTION 1 - SANCTION ISSUANCE

§ 1. All sanctions described in this chapter shall be administered in writing and disclosed to the public in the Official Bulletin of the City of Los Santos.

1. At the discretion of the Department of Finance, disciplinary action may be preceded by a compliance notice to a person whom the department on reasonable grounds believes is engaging in violation of this ordinance, the City's rules and regulations or any other relevant law.
2. The issuance of a compliance notice or a notice of sanction shall be recorded in writing and mention the person or business and the premises the notice applies to, the provision of this code, or any other applicable law that was violated, the details of the nature and extend of non-compliance, the steps required to be taken and the period within which those steps must be taken in order to fully correspond with any applicable law, and any penalty that may be imposed as a result of disobeying the compliance notice.

SECTION 2 - SANCTION APPEAL

§ 2. Any person issued with a sanction as listed in section one (1) of this chapter may appeal against such sanction to the Business Dispute Resolution Board, hereinafter referred to as the "BDRB", in the prescribed manner and form within seven (7) days after receiving such sanction.

1. The BDRB may, after taking into consideration any representation by the appellant against the sanction, confirm, modify or cancel all parts of such sanction in accordance with the law.
2. If the BDRB confirms or modifies all or part of a sanction, the appellant must comply with such sanction as confirmed or modified, within the time period specified. Failure to comply with the definitive decision of the BDRB is an offense as defined in chapter seven (7) of this code under section eleven(11).
3. Submitting an appeal to the Business Dispute Resolution Board shall suspend any sanction imposed on the appellant for the entire duration of the appeal process.

SECTION 3 - CRIMINAL OFFENCE

§ 3. Without prejudice to the City's right to pursue criminal charges, the Department of Finance shall hold the right to impose any administrative sanction as defined in section one (1) of this chapter against any individual or business in violation of the provisions of this code and/or any other applicable law.

SECTION 4 - SANCTION TYPES

§ 4. A "Civil fine" may be imposed by the Department of Finance as restitution for wrongdoing as a result of a violation of this code. Upon receiving a civil penalty the business has seven (7) days to pay the penalty.

1. A "business license suspension" may be issued to a business, individual or establishment to cease all activities to such business license. The duration of the suspension is determined at the discretion of the Department of Finance. A suspension of a business license does not require the license holder to re-apply for such license upon the discontinuance of the suspension.
2. A "business license revocation", when issued to a business or individual, shall permanently cease all regulated business activities in relation to a business license until such business license has been successfully reapplied for.
3. A "cease and desist order" when issued, imposes an injunction on a person or business that prohibits such person or business from conducting further business activity until such injunction has been resolved with the BDRB.
4. A "registry removal" may be issued in the event all aforementioned sanctions fail, a business may be stricken from the business registry. Consequentially the legal incorporation of such business shall be reversed and its recognition as a legal entity shall cease to exist.

SECTION 1 - OFFENCES

§ 1. "FAILURE TO REGISTER" — Any business or individual that proceeds to conduct an economic activity upon receipt of a notice of compliance with Chapter §2.1 of this code shall be liable for a civil fine of thirty-five thousand dollars ($ 35,000) in addition to a cease and desist order until such business has successfully acquired a business certificate.

1. "UNLICENSED BUSINESS ACTIVITY" — Any business or individual that conducts a regulated economic activity in the absence of a valid license or permit to conduct such activity shall be liable for a civil fine ranging up to fifty thousand dollars ($ 50,000) and/or a cease and desist order until such business has successfully acquired the necessary license(s) or permits. Repeated offenses within a time period of less than or equal to one (1) month shall be liable for a (permanent) cease and desist order.
2. "VIOLATION OF BUSINESS LICENSE" — Any business or its representative engaged in a regulated business activity, who breaches the terms and conditions of a validly issued business license for said activity, shall incur a civil fine ranging from thirty thousand dollars ($30,000) to sixty thousand dollars ($60,000), along with potential suspension or revocation of the business license. Repeated offenses within a time period of less than or equal to one (1) month shall be liable for a (permanent) cease and desist order.
3. "FAILING BUSINESS INSPECTION" — Any business discovered during inspection to fail to meet the applicable threshold standards shall face a civil fine ranging up to two thousand dollars ($2,000) potential suspension or revocation of its business license(s) or permit(s), and/or issuance of a cease and desist order.
4. "FAILURE TO PAY LEVIED FEE" — Any business or its representative failing to provide proof of payment for the required fee associated with obtaining a license or permit within the specified application period shall face potential suspension or revocation of said license or permit.
5. "MISAPPLICATION OF GOVERNMENT FUNDS" — Any occurrence where a business or its representative utilizes municipal funds beyond the agreed terms and conditions specified in an agreement between the City of Los Santos and the business or representative shall result in a civil fine ranging from fifty thousand dollars ($50,000) to one million dollars ($1,000,000.), potential issuance of a permanent cease and desist order, and/or removal from the business registry, without prejudice to the City's ability to pursuit of criminal charges.
6. "FAILURE TO PROVIDE INFORMATION" — Any business that fails to provide the required or requested information to the City or any of its designated representatives in the performance of the enforcement of this code shall be liable for a civil fine of no less than ten thousand dollars ($ 10,000) and no more than twenty thousand dollars ($ 20,000), and/or a suspension of the business license(s) and/or a revocation of its business license(s) and/or a cease and desist order.
7. "PROVIDING FALSE INFORMATION" — Any business that knowingly reports or provides, by word or action, to the City or a representative thereof, incomplete, false or inaccurate information shall be liable for a civil fine of no less than ten thousand dollars ($ 10,000) and no more than fifty thousand dollars ($ 50,000), and/or a suspension of its license(s) and/or a revocation of its license(s) and/or a cease and desist order without any prejudice to the City's right to pursue criminal charges.
8. "MISLEADING OR FALSE ADVERTISING" — Any business or representative thereof which in any instance publicly and deliberately misleads the general public by misrepresenting the facts or failing to disclose information pertinent its business activities shall be liable for a civil fine of no less than twenty-five thousand dollars ($ 25,000) and no more than fifty thousand dollars ($ 50,000).
9. "FRONTING PRACTICES" — Any business or its representative that intentionally circumvents the regulations outlined in this code, departmental by-laws, or other pertinent laws by establishing arrangements, conducting transactions, or forming relationships with other businesses or representatives to exploit or evade the provisions of this code shall face a civil fine ranging from fifty thousand dollars ($50,000) to two hundred thousand dollars ($200,000). Additionally, the business may incur license revocation, issuance of a cease and desist order, or removal from the business registry, without prejudice to the City's authority to pursue criminal charges.
10. "BDRB NON-COMPLIANCE" — Any business or representative thereof that fails to comply within the required period with a definitive sentencing decision of the Business Dispute Resolution Board shall be liable for a cease and desist order and/or a removal from the business registry without any prejudice to the City's right to pursue criminal charges.