HomeMy WebLinkAboutMC-817
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ORDINANCE NO.
Me-8l7
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
5.04 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS
REGISTRATION CERTIFICATES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 5.04 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"5.04.005 Registration Certificate.
It is unlawful for any person, whether
as principal or agent, clerk or employee,
either for himself or for any other person,
or for anybody corporate, or as an officer
of any corporation, or otherwise, to
commence or carryon any business, show,
exhibition or game, specified in this
article, in the City, without first having
procured a registration certificate from
the City or without complying with any and
all regulations of such business, show,
exhibition or game contained in this
article;
and the carrying on of any
business,
show,
exhibition
or
game
mentioned in this article without first
having procured a registration certificate
from the City, or without complying with
any and all regulations of such business,
show, exhibition or game contained in this
article
shall
constitute
a
separate
DAB/ses/Certific.ord
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December 2, 1991
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1 violation of this article for each and
2 every day that such business, show,
3 exhibition or game is so carried on.
4 "5.04.010 Fee - Deemed debt.
5 The amount of any fee imposed by this
6 article shall be deemed as debt to the
7 City; and any person, firm or corporation
8 carrying on any business, show, exhibition
9 or game mentioned in this article without
10 having a business registration certificate
11 from the City shall be liable to an action
12 in the name of the City in any court of
13 competent jurisdiction, for the amount of
14 the fee imposed by this article on such
15 business, show, exhibition or game.
16 "5.04.015 Business Registration Certificate
17 - Application - Issuance.
18 A. Before any business registration
19 certificate is issued to any person,
20 firm or corporation, such person, firm
21 or corporation shall make written
22 application therefor to the City
23 Clerk; such application must state the
24 nature or kind of business, show,
25 exhibi tion or game for which the
26 registration certificate is required,
27 the place where such business, show,
28 exhibi tion or game will be carried on
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or conducted, the name of the owner of
the business, show, exhibition or
game, and must be signed by the
applicant. In cases where such
business, show, exhibition or game is
not to be conducted or carried on at a
permanent place of business in the
City, then such application shall
state the residence of the owners of
such business, show, exhibition or
game.
B. No registration certificate shall be
issued to any corporation unless its
articles of incorporation, or a
certified copy thereof, are filed in
the office of the County Clerk of the
County or in the office of the City
Clerk.
C. No registration certificate shall be
issued to any person, firm or
partnership conducting or carrying on
any business, show, exhibition or
game, under a fictitious name, unless
an affidavit is filed in the office of
the County Clerk or in the office of
the City Clerk showing the true names
of the owners of such business;
provided, however, such certificate
DABjsesjCertific.ord 3 December 2, 1991
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may be issued in the true names of the
owners of such business, show,
exhibition or game without the filing
of such affidavit.
"5.04.020 Registration Certificate
Issuance - Nontransferable.
A. Upon application therefor as provided
in Section 5.04.015, it shall be the
duty of the City Clerk to prepare and
issue a business registration
certificate hereunder, and to state in
each certificate the amount thereof,
the period of time covered thereby,
the name of the person, firm or
corporation to whom issued, the
business, show, exhibition or game
registered and the location or place
of business where such business, show,
exhibition or game is to be carried
on.
B. No certificate granted or issued under
any provision of this article shall be
transferred or assigned in any manner,
nor is any person, firm or corporation
other than mentioned or named therein
authorized to do business without the
written consent of the City Clerk
endorsed thereon. At the time any
DAB/ses/Certific.ord 4 December 2, 1991
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C.
such business is assigned or
transferred, the person applying for
such transfer shall make application
for a registration certificate as
provided in Section 5.04.015, and
shall pay a transfer fee of five
dollars to the City Clerk. In the
event a business location or mailing
address is changed, the certificate
holder shall notify the City Clerk of
such change and pay a fee of five
dollars.
The City Clerk shall make a charge of
fifty cents for each duplicate
certificate issued to replace any
certificate issued under the
provisions of this article which has
been lost or destroyed, in no case
shall any mistake made by the City
Clerk in stating the amount of a fee
prevent or prejudice the collection by
the City of what shall be actually due
from anyone carrying on a business,
show, exhibition or game subject to a
registration certificate under this
chapter.
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December 2, 1991
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1 "5.04.021 Information confidential.
2 It shall be unlawful for the City
3 Clerk or any person having an
4 administrative duty under the provisions of
5 this chapter to make known in any manner
6 whatever the business affairs, operations,
7 or information obtained by an investigation
8 of records and equipment of any person
9 required to pay the registration
10 certificate fee, or any other person
11 visi ted or examined in the discharge of
12 official duty, or the amount or source of
13 income, profits, losses, expenditures, or
14 any particular thereof, set forth in any
15 statement or application, or to permit any
16 statement or application, or copy of
17 either, in any book containing any abstract
18 or particulars thereof to be seen or
19 examined by any person. Nothing in this
20 section shall be construed to prevent:
21 A. The disclosure to, or the examination
22 of records and equipment by, another
23 City official, employee, or agent for
24 collection of registration certificate
25 fees for the sole purpose of
26 administering or enforcing any
27 provisions of this chapter, or
28 collecting registration certificate
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fees imposed hereunder;
B. The disclosure of information to, or
the examination of records by, federal
or state officials, or the tax
officials of another city or county,
or city and county, if a reciprocal
arrangement exists, or to a grand jury
or court of law, upon subpoena;
C. The disclosure of information and
results of examination of records of
particular certificate holders, or
relating to particular certificate
holders, to a court of law in a
proceeding brought to determine the
existence or amount of any
registration certificate fee liability
of the particular certificate holder
to the City;
D. The disclosure, after the filing of a
written request to that effect, to a
certificate holder, or to his or her
successors, receivers, trustees,
executors, administrators, assignees
and guarantors, if directly
interested, of information as to the
items included in the measure of any
paid fee, any unpaid registration
certificate fee or amounts of fees
DABjsesjCertific.ord 7 December 2, 1991
MC-817
required to be collected, interest and
penalty; provided however, that the
Ci ty Attorney approve each such
disclosure and that the City Clerk may
refuse to make any disclosure referred
to in this paragraph when in his or
her opinion the public interest would
suffer thereby;
E. The disclosure of the names and
addresses of persons to whom
certificates have been issued, and the
general type or nature of their
business;
F. The disclosure by way of public
meeting or otherwise of such
information as may be necessary to the
Mayor and Common Council in order to
permit it to be fully advised as to
the facts when a certificate hOlder
files a claim for refund of
registration certificate fees, or
submi ts an offer of compromise with
regard to a claim asserted against him
or her by the City for registration
certificate fees, or when acting upon
any other matter;
G. The disclosure of general statistics
regarding fees collected or business
DABjsesjCertific.ord 8 December 2, 1991
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1 done in the City.
2 "5.04.025 Business Registration Certificate
3 - Other Permits Required.
4 A. Any person, firm or corporation
5 conducting or carrying on any
6 business, show, exhibition or game
7 without having obtained a business
8 registration certificate as required
9 by this article shall be nevertheless
10 liable for any fee or penal ties
11 imposed or required to be paid
12 pursuant to Section 5.04.010 for the
13 period such business or activity was
14 conducted without such certificate.
15 B. No Business Registration Certificate
16 shall be issued to any person, firm or
17 corporation to conduct or carryon any
18 business, show, exhibition or game at
19 or in a building or structure in the
20 City unless such person, firm or
21 corporation is proposing to establish
22 a use permitted in the Land Use Zone
23 District for the site, and a Zoning
24 Consistency Review has been issued by
25 the Department of Planning and
26 Building Services. An approved copy
27 of said Zoning Consistency Review
28 shall be presented at the time of
DABjsesjCertific.ord 9 December 2, 1991
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1 submitting this written application
2 for the Business Registration
3 Certificate.
4 C. No registration certificate issued
5 under the provisions of this article
6 shall be construed as authorizing the
7 conduct or continuance of any illegal
8 or unlawful business or activity or
9 the violation of any ordinance or law.
10 Any registration certificate issued
11 contrary to the provisions of this
12 section shall be void and of no
13 effect.
14 "5.04.030 Business Registration Certificate
15 Fees - Payable in advance.
16 A. All fees shall be paid in advance in
17 legal currency of the United States at
18 the office of the City Clerk, or by
19 check, draft or other instrument in
20 the discretion of the City Clerk. Any
21 certificate, the fee for which has
22 been paid by an instrument such as a
23 check, draft or money order which is
24 dishonored upon presentation for
25 payment, shall be void and of no
26 effect from its inception, upon notice
27 from the City Clerk of such dishonor.
28 The City Clerk may, in his or her
DABjsesjCertific.ord 10 December 2, 1991
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discretion, withhold the effect of
this provision if the fee is promptly
paid. Payment of registration
certificate fees following a dishonor
of such an instrument upon presentment
for payment shall thereafter be made
only by cashier's check, money order
or cash, which fee shall include any
applicable penalty, as well as the
service fee under Section 3.10.010 for
such dishonored instrument. The City
Clerk shall be authorized to reject
payment other than by cash, cashier's
check or money order from such
certificate holder for a period of two
years following any such dishonor.
B. A separate registration certificate
must be obtained for each branch
establishment or separate place of
business in which the business, show,
exhibition or game is carried on.
Each registration certificate shall
authorize the party obtaining it to
carryon, pursue or conduct only that
business, show, exhibition or game
described in such certificate. Where
a registration certificate is required
for any business, show, exhibition or
DAB/ses/Certific.ord 11 December 2, 1991
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1 game, and the number of persons
2 employed or the gross receipts of such
3 business is made the basis for fixing
4 the amount of the registration
5 certificate fee, a separate fee shall
6 be paid for each branch establishment
7 or place of business in which the
8 business, show, exhibition or game is
9 carried on, based upon the number of
10 persons employed in, or the gross
11 receipts of, each branch establishment
12 or separate place of business.
13 C. Monthly fees are due and payable on
14 the first of each month in advance,
15 from all persons who have received a
16 business registration certificate for
17 the previous month to carryon the
18 same business, show, exhibition or
19 game. From all persons who have not
20 received such a certificate for the
21 previous month for the same business,
22 show, exhibition or game, the fee is
23 due and payable, and must be procured
24 before commencing to carryon such
25 business, show, exhibition or game.
26 D. Except as specified in Subsection H
27 below, quarterly fees are due and
28 payable to the City on the first days
DAB/ses/Certific.ord 12 December 2, 1991
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1 of January, April, July and October,
2 and such certificates expire on the
3 last days of March, June, September
4 and December of each year. All
5 business registration certificates
6 shall be reissued annually from the
7 date of initial issuance and the
8 quarterly fees are due and payable
9 every three months beginning from the
10 date of initial issuance.
11 E. Daily and weekly registration
12 certificate fees are due and payable
13 in advance.
14 F. Except as provided in Subsection H
15 below and as elsewhere provided in
16 this article, semi-annual fees are due
17 and payable at the times specified in
18 this article. If the time of payment
19 is not specified, semi-annual fees are
20 due and payable at the times specified
21 in this article. If the time of
22 payment is not specified, semi-annual
23 licenses are payable on the first day
24 of January and July. The first semi-
25 annual business registration
26 certificate issued to any person shall
27 be issued for the unexpired period of
28 the half year of issuance.
DABjsesjCertific.ord 13 December 2, 1991
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G. Annual fees are due and payable at the
time specified in this article. If
the time for payment is not otherwise
specified, annual license fees are
payable on the first day of July of
each year and shall be valid for the
year ending the following June 30.
The first annual business registration
certificate issued to any person shall
be issued for the unexpired period of
the year of issuance, except as
otherwise provided in this article.
H. Where quarterly or semi-annual fees
due from any business entity total
five hundred dollars or less annually,
the entire amount shall be due and
payable in advance of the first day of
January. As to registration
certificates after August 15, 1986,
the entire amount shall be due and
payable annually from the date the
certificate was initially issued
thereon.
I. In issuing a quarterly or annual
registration certificate for the first
time for a business which has
previously been operated without a
registration certificate, the City
DAB/ses/Certific.ord 14 December 2, 1991
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Clerk shall charge the fee for the
entire current year or portion of the
year during which the business was in
operation, to and including the
current quarter. The City Clerk shall
also charge for the three preceding
years or portions of those years
during which the business was in
operation. The City Clerk shall not
collect an amount exceeding the fee
for the entire current year in which
the certificate is issued, plus the
three preceding years or portion of
those years during which the business
was operated.
"5.04.035 Certificate - Posting.
Every person, firm or corporation
having a registration certificate under the
provisions of this article, and carrying on
a business, show, exhibition or game at a
fixed place of business, shall keep such
certificate posted and exhibited while in
force, in some conspicuous part of the
place of business. Every person having
such a certificate, and not having a fixed
place of business, shall carry such
certificate with him at all times while
carrying on the business, show, exhibition,
DABjsesjCertific.ord 15 December 2, 1991
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or game for which the same was granted.
Every person, firm or corporation having a
certificate under the provisions of this
article shall produce and exhibit the same,
when applying for a renewal thereof, and
whenever requested to do so by any police
officer, or any officer authorized to
issue, inspect or collect business
registration certificates.
"5.04.040 Constitutional apportionment.
None of the fees provided for by this
article shall be so applied as to occasion
an undue burden upon interstate commerce or
be violative of the equal protection and
due process clauses of the Constitutions of
the United states and the State of
California.
In any case where a fee is believed by
a certificate holder to place an undue
burden upon interstate commerce or be
violative of such constitutional clauses,
the certificate holder may apply to the
City Clerk for an adjustment of the fee.
Such belief shall not excuse failure to pay
the applicable fee when due. Such
application may be made before, at the time
of, or within six months after, payment of
the prescribed fee. A certificate holder
DABjsesjCertific.ord 16 December 2, 1991
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1 shall, by sworn statement and supporting
2 testimony, show his or her method of
3 business and the gross volume or estimated
4 gross vol ume of business and such other
5 information as the City Clerk may deem
6 necessary in order to determine the extent,
7 if any, of such undue burden or violation.
8 The City Clerk shall then conduct an
9 investigation, and, after having first
10 obtained the written approval of the City
11 Attorney, shall fix as the fee for the
12 certificate holder, an amount that is
13 reasonable and nondiscriminatory, and if
14 the fee has already been paid, shall order
15 a refund of the amount over and above the
16 fee so fixed. In fixing the fee to be
17 charged, the City Clerk shall have the
18 power to base the fee upon a percentage of
19 gross receipts or any other measure which
20 will assure that the fee assessed shall be
21 uniform with that assessed on businesses of
22 like nature, so long as the amount assessed
23 does not exceed the fee as prescribed by
24 this article. Should the City Clerk
25 determine the gross receipts measure of
26 license fee to be proper basis, he or she
27 may require the certificate holder to
28 submit, either at the time of termination
DABjsesjCertific.ord 17 December 2, 1991
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of the certificate hOlder's business in the
Ci ty, or at the end of each quarter, a
sworn statement of the gross receipts and
pay the amount of the fee therefor,
provided that no additional fee during any
one calendar year shall be required after
the certificate hOlder shall have paid an
amount equal to the annual fee as
prescribed in this article.
"5.04.050 Transacting business without
registration certificate.
A. The conviction and punishment of any
person for transacting any business,
show, exhibition or game without a
registration certificate shall not
excuse or exempt such person from the
payment of any fee due or unpaid at
the time of such conviction, and
nothing in this article shall prevent
a criminal prosecution for any
violation of the provisions of this
article.
B. If and in the event of a failure of a
person, firm or corporation
conducting, managing, or carrying on a
business to secure a registration
certificate and pay the fee therefore
as provided in this article, or in the
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1 event that a prohibited transient
2 merchant is discovered, then the
3 business inspector of the City is
4 authorized to seize and take into his
5 or her possession the items to be sold
6 and to hold the same until such fees
7 have been paid and a certificate duly
8 issued and properly displayed, or in
9 the case of a transient merchant, to
10 hold the same until claimed by a
11 responsible party against whom legal
12 action can be taken, whereupon the
13 inspector shall release the items
14 confiscated.
15 "5.04.051 Advertising.
16 When any person by use of signs,
17 circulars, cards, telephone book or
18 newspapers, advertises, holds out or
19 represents that he or she is in business in
20 the City, or when any person holds an
21 active license or permit issued by a
22 governmental agency indicating that he or
23 she is in business in the City, and such
24 person fails to deny by a sworn statement
25 under penalty of perjury given to the City
26 Clerk or his or her representative that he
27 or she is conducting a business in the
28 City, after being requested to do so by the
DABjsesjCertific.ord 19 December 2, 1991
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1 inspector, then these facts shall be
2 considered prima facie evidence that he or
3 she is conducting a business in the City.
4 "5.04.055 Fees based on gross receipts.
5 A. In all cases where the fee to be paid
6 by any person, firm or corporation is
7 based upon the amount of receipts or
8 sales or of business transacted, or
9 upon the number of persons employed,
10 or upon the number of vehicles used,
11 or upon the amount of the maximum
12 admission fee charged, or upon the
13 number of tables used for any game, or
14 upon the number of rooms in any
15 building, such person, firm or
16 corporation shall, before obtaining a
17 registration certificate for his or
18 her, their or its business, and within
19 ten days after the beginning of each
20 certificate period, if such business
21 is established or in operation during
22 any part of such ten days, render to
23 the City Clerk, for his or her
24 guidance in ascertaining the fee to be
25 paid by such person, firm or
26 corporation, a written statement sworn
27 to before some officer authorized to
28 administer oaths, showing the total
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1 amount of receipts of sales or of
2 business transacted during the
3 calendar year next preceding the date
4 of such statement, or the number of
5 vehicles used, or the amount of the
6 maximum admission fee charged, or the
7 number of tables used for any game by
8 such person, firm or corporation, or
9 the number of rooms contained in such
10 building, at the date of such
11 statement; provided, however, that
12 where the quarterly fee to be paid
13 under any section of this article is
14 based upon the gross annual receipts
15 or of business transacted, or the
16 gross annual commission of fees
17 received or collected, only one such
18 statement need be filed at the time
19 the first quarterly registration
20 certificate is procured, and the fee
21 to be paid for the succeeding
22 quarterly periods of the year in which
23 such statement is filed shall be
24 determined by and be based upon the
25 statement filed at the time the first
26 quarterly registration certificate is
27 procured.
28 B. No such statement shall be conclusive
DAB/ses/Certific.ord 21 December 2, 1991
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1 upon the city or upon any officer
2 thereof as to the matter thereon set
3 forth, and the same shall not
4 prej udice the right of the City to
5 recover any amount that may be
6 ascertained to be due from such
7 person, firm or corporation in
8 addition to the amount shown by such
9 statement to be due in case such
10 statement should be found to be
11 incorrect. If any person, firm or
12 corporation hereby required to make
13 any such statement fails to do so,
14 such person, firm or corporation shall
15 pay a fee at the maximum rate
16 prescribed in this article for the
17 business, show, exhibition or game
18 carried on by such person, firm or
19 corporation, and shall be guilty of a
20 violation of this article and be
21 punishable therefor as hereinafter
22 provided; provided, however, that in
23 any case where the first business
24 registration certificate is to be
25 issued for a newly established
26 business, no statement need to be
27 made, at the time such first
28 certificate is issued, of the amount
DABjsesjCertific.ord 22 December 2, 1991
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1 or receipts of sales or business
2 transacted, and the minimum rate
3 prescribed in this article shall be
4 paid at the time such first
5 certificate is issued for any such
6 newly established business, the fee
7 for which is regulated by the amount
8 of receipts or sales or the business
9 transacted. At the end of the year
10 during which the operation of such
11 business is commenced, the fee for the
12 preceding period shall be ascertained
13 and paid. The amount of such fee
14 shall be ascertained by dividing the
15 amount of the gross sales or receipts
16 of such business by the number of days
17 during which such certificate has been
18 in force and multiplying the result by
19 three hundred sixty-five and applying
20 such result to the rate applicable
21 thereto to determine the fee and from
22 this amount deduct the amount
23 previously paid. Such gross receipts
24 so determined shall be the basis of
25 the fee for the next succeeding year.
26 "5.04.060 Gross receipts - Defined.
27 'Gross receipts' as used in article,
28 except as otherwise specifically provided,
DABjsesjCertific.ord 23 December 2, 1991
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1 means the total amount of revenue received
2 as the sale prices of all sales and the
3 total amount charged or received for the
4 performance of any action, service or
5 employment of whatever nature it may be,
6 for which a charge is made or credit
7 allowed, when such service, act or
8 employment is done as a part of or in
9 connection with the sale of materials,
10 goods, wares and merchandise, or the
11 performance of services; 'gross receipts'
12 includes all receipts, cash, credits and
13 property of any kind or nature, and any
14 amount for which a credit is allowed by the
15 seller to the purchaser without any
16 deduction therefrom on account of the cost
17 of the property sold, the cost of the
18 materials used, labor or service costs,
19 interest paid or payable, or losses or
20 other expenses whatsoever; 'gross receipts'
21 further includes commissions received for
22 the sale of real property and the annual
23 gross receipts, fees or commissions of
24 every person, firm, or corporation
25 conducting, managing, carrying on or
26 engaged in any business or profession of
27 any nature whatsoever, including the
28 providing of services relating thereto; but
DAB/ses/Certific.ord 24 December 2, 1991
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'gross receipts' does not include cash
discounts allowed and taken on sales and
any sales tax paid to the state, a
municipality or public entity.
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DAB/ses/Certific.ord 25
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1 "5.04.063 Gross Receipts Work outside
2 City.
3 If a person owns, leases, occupies or
4 otherwise maintains wi thin the City a place
5 or premises from which he engages in
6 business activities outside the City, he
7 shall include a portion of the gross
8 receipts from work performed outside the
9 Ci ty in the measure of the fee. In the
10 absence of substantial information to the
11 contrary 20% of gross receipts from work
12 performed outside the City shall be deemed
13 to be that portion subj ect to the fee as
14 attributable to business engaged in within
15 the City.
16 A. Require the use of a greater
17 percentage of such gross receipts,
18 stating in writing to the certificate
19 holder his or her reasons therefor; or
20 B. Approve the use of a lesser percentage
21 of such gross receipts, based upon
22 proof presented to him or her in
23 wri ting by the taxpayer that the 20%
24 factor is inequitable.
25 Any such variation from the 20% factor
26 establishes in this provision shall be
27 approved in writing by the City Clerk or
28 his or her authorized representative.
DABjsesjCertific.ord 26 December 2, 1991
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Where there are no measurable gross
receipts directly attributable to
operations carried on from a place of
business within the City, such operations
shall be deemed to produce gross receipts
in an amount at least equal to the cost of
maintaining such operations, such cost of
operations shall include, but not be
limited to, rent and/or depreciation,
salaries and wages, fixed charges and other
expenses.
.. 5.04.065 Gross receipts - Business younger
than six months.
When a fee based upon the gross
receipts of a business in existence less
than six months during the preceding year
was computed upon anticipated gross
receipts which exceeded the actual gross
receipts of the subject year immediately
following such period of six months or less
of such preceding year, the City Clerk,
subject to the filing of a written request
during the first quarter of the subsequent
year, shall give a credit for or authorize
a rebate of the amount such fee exceeded
the actual gross receipts of the business
as determined by the City Clerk. The
privilege of a credit or a rebate shall not
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apply to any subsequent year, and the
decision of the City Clerk shall be final
and conclusive.
"5.04.070 Examination, audit and inspection
of financial books and records.
A. The Ci ty Clerk and his or her
authorized personnel, inspectors and
police officers are authorized to
examine, audit and inspect any
financial books and records of any
certificate holder, applicant for a
registration certificate, or person
engaged in business, as may be
necessary to verify or ascertain the
amount of the fee due from such
certificate holder, applicant, or
person in the specific classification.
B. All certificate holders, applicants
for registration certificates and
persons engaged in business are
required to permit such an examination
of their financial books and records
for the purposes and under conditions
aforesaid. Any failure or refusal to
permit such an examination by a
certificate holder shall constitute
good cause revocation of the subject
registration certificate issued under
DAB/sesjCertific.ord 28 December 2, 1991
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1 this article, which penalty shall be
2 accumulative and in addition to any
3 other penalty or remedy provided for
4 by law, whether criminal or civil in
5 nature.
6 "5.04.071 Failure to file statement.
7 If a person, business or corporation
8 fails to file any required statement within
9 the time prescribed, or if after reasonable
10 notice therefor made by the City Clerk
11 fails to file a corrected statement, the
12 City Clerk or a designated representative
13 may determine the amount of the fee due
14 from such person, business or corporation
15 by means of such information as he or she
16 may be able to obtain. If such a
17 determination is made, the City Clerk shall
18 issue a notice of the amount so assessed by
19 serving it personally or depositing it with
20 the United states Postal Service, postage
21 prepaid, addressed to the person, business
22 or corporation so assessed at his or her
23 last known address. Such party may, within
24 fifteen days after the mailing or serving
25 of such notice, appeal such determination
26 to the Common Council. The Common Council
27 shall consider and act upon the appeal in
28 accordance with the provisions of Chapter
DAB/ses/Certific.ord 29 December 2, 1991
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2.64, except that the time limit provisions
of Section 2.64.040 shall not apply.
"5.04.075 Penalties for delinquencies.
A. The times of delinquency and penalties
assessed therefor for all registration
certificates covered by this title
shall be determined by the provisions
of this section.
B. Payments for the respective registra-
tion certificates as set forth in this
title which are not made on or before,
or which are received in the City
Clerk's office after, the following
applicable delinquent dates, or which
bear a postmark after said dates,
shall be deemed delinquent and
therefore subject to the following
penalty assessments:
1. Monthly registration
certificates: the tenth day
of every month for which the
license is due.
2. Quarterly registration
certificates: The last day
of the first month of the
quarter for which such fee
is due: January 31st, April
30th, July 31st and October
DAB/ses/Certific.ord 30 December 2, 1991
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30th. Delinquent dates for
registration certificates
first issued after August
15, 1986, are thirty days
from the date the fees are
due and payable.
3. Semi-annual or annual
registration certificates:
the last day of the first
month in which such fee is
due by its terms.
C. For failure to obtain a registration
certificate on or before the start of
business, or for failure to pay a fee
on or before the delinquency date,
there is imposed a penalty of fifty
percent of the fee. An additional
penal ty of fifty percent of the fee
shall be imposed after 60 days of
delinquency; such penalty shall be
added to the fee and other penalties
due.
D. If a business fails to obtain a
business registration certificate or
renew a certificate and has been
delinquent for 90 days, an assessment
of 10% of the amount of the fee and
penalties per month not to exceed 100%
DAB/ses/Certific.ord 31 December 2, 1991
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shall be added hereto in addition to
the penalties stated in subsection "C"
of this section. The assessment
stated in this subsection shall be
instituted to cover escalating costs
incurred to pursue delinquent accounts
requiring extended enforcement action.
"5.04.085 Payment of fees.
The amount or rate of fees to be paid
to the City by any person, firm or
corporation, or association engaged in or
carrying on any business, show, exhibition
or game designated in this article is fixed
and established as provided in this
article, and such fee shall be paid by
every person, firm or corporation or
association engaged in carrying on any such
business, show, exhibition or game in the
City.
"5.04.090 Liquor or intoxicating liquor
defined.
'Liquor,' or 'intoxicating liquor,' as
used in this article, means beer, wines,
gin, whiskey, cordials or rum, and every
liquor or solid, patented or not,
containing one-half of one percent or more
of alcohol by volume, and which are fit for
use for beverage purposes.
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DAB/ses/Certific.ord
"5.04.095 Real estate business.
For every person, firm or corporation,
conducting, managing or carrying on the
business of examining, searching or
investigating titles to real estate and
issuing abstracts, statements or
certificates, showing or purporting to show
or certify to the condition or state of the
ti tIe to any particular property or
properties as disclosed by an examination
of the public records, but which abstracts,
statement or certificate does not insure
the title to real property or any interest
therein, the fee shall be established by
resolution of the Mayor and Common Council.
"5.04.100 Advertising - Billboards or sign
boards.
A. For every person, firm for corporation
conducting a billboard advertising
business the fee shall be established
by resolution of the Mayor and
Council. As part of the business
registration certificate application
process a list indicating the location
and size of each face of each
billboard within the City must be
provided.
33
December 2, 1991
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1 For the purpose of this section
2 billboards and all outdoor advertising
3 structures mean structures of any kind
4 or character for outdoor advertising
5 purposes upon which any poster, bill,
6 printing, painting, picture, statuary,
7 symbol, or other advertisement of any
8 kind may be placed and which:
9 1. Solicits public support or
10 directs public attention to the
11 sale, lease, hiring or use of any
12 objects, products or services not
13 produced, SOld, or otherwise
14 available on the premises where
15 such structure is erected and
16 maintained; or
17 2. Maintains a visual message to the
18 general public not relating to
19 any objects, products or services
20 produced, sold or otherwise
21 available on the premises where
22 such structure is erected and
23 maintained.
24 B. Nothing contained in this section
25 shall be deemed or construed as
26 applying to the owners of real estate
27 or their agents in advertising their
28 property for sale or lease by means of
DAB/ses/Certific.ord 34 December 2, 1991
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1 billboards located upon the property
2 advertised for sale or lease by such
3 billboards or advertising sign boards.
4 .. 5.04.110 Advertising Distributing
5 samples, handbills or dodgers.
6 A. For every person, firm or corporation
7 conducting, managing or carrying on
8 the business of distributing
9 advertising samples, handbills,
10 dodgers or printed advertisements of
11 any kind, the fee shall be set by
12 resolution of the Mayor and Common
13 Council.
14 B. For the purpose of this section, the
15 expression 'carrying on the business'
16 is defined to be and is construed to
17 mean the doing of any act or series of
18 acts, of distributing or advertising
19 by any means or in any manner
20 specified in this section.
21 .. 5.04.125 Auctions.
22 A. For every person, firm or corporation
23 conducting, managing or carrying on,
24 or engaged in the business of selling
25 at auction goods, wares and
26 merchandise, the fee shall be
27 established by resolution of the Mayor
28 and Common Council.
DABjsesjCertific.ord 35 December 2, 1991
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1 B. For every person, firm or corporation
2 conducting, managing or carrying on,
3 or engaged in the business of selling
4 at auction goods, wares or
5 merchandise, for five or fewer months
6 in a year the fee shall be established
7 by resolution of the Mayor and Common
8 Council.
9 C. For every person, firm or corporation
10 conducting, managing or carrying on,
11 or engaging in the business of selling
12 at auction real estate, the fee shall
13 be established by resolution of the
14 Mayor and Common Council.
15 "5.04.140 Billiard or pool room.
16 For every person, firm or corporation
17 conducting, managing or carrying on any
18 public billiard or pool room, the fee shall
19 be established by resolution of the Mayor
20 and Common Council.
21 "5.04.150 Vending machine sales and
22 automatic scale weighing devices.
23 Every person, firm or corporation
24 operating, maintaining, leasing, letting,
25 managing or carrying on the business of
26 selling or vending goods, wares or
27 merchandise by means of vending machine or
28 managing or carrying on the business of
DABjsesjCertific.ord 36 December 2, 1991
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operating or maintaining clothes washing
machines, automatic scale weighing devices,
or coin-in-the-slot weighing machines shall
pay a fee established by resolution of the
Mayor and Common Council.
"5.04.155 Bowling alley.
For every person, firm or corporation
conducting, managing or carrying on a
public bowling alley, the fee shall be
established by resolution of the Mayor and
Common Council.
"5.04.160 Temporary boxing, wrestling or
athletic exhibition.
Every person, firm or corporation
conducting, managing or carrying on a
temporary boxing, wrestling or other
athletic exhibition or contest shall pay a
fee established by resolution of the Mayor
and Common Council.
"5.04.200 Commission merchant or broker -
Broker for stocks or bonds.
A. For every person, firm or corporation
conducting, managing or carrying on
the business of a commission merchant
or broker, or stock and bond broker;
or buying, selling or otherwise
dealing in stocks or bonds, or
evidences of indebtedness of public or
DAB/ses/Certific.ord 37 December 2, 1991
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private persons or of incorporated
entities, the fee shall be established
by resolution of the Mayor and Common
Council.
For the purpose of this article,
'commission merchant or broker' is
defined to be the business of buying
or selling meats, provisions, produce,
food products, goods, wares or
merchandise, drugs or medicines,
jewelry or precious metals, or other
tangible property, as a broker or
agent, for the owner or consignee
thereof for a fee or commission,
whether or not the operation of such
business customarily includes the
actual possession, custody or control
of goods, wares or merchandise.
For the purpose of this article,
'stock and bond broker' is defined to
be the business of buying or selling
federal, state, county or municipal
stocks or bonds, or stocks or bonds of
partnerships or incorporated entities,
or evidences of indebtedness of
private persons, partnerships or of
incorporated entities, for a fee or
commission.
C.
DAB/ses/Certific.ord
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"5.04.210 Residential and commercial
cleaning.
For every person, firm or corporation
conducting, managing or carrying on the
business of carpet cleaning, swimming pool
cleaning, cleaning buildings, parking
areas, rooms or furnishings, by compressed
air, power sweeper, or vacuum cleaner, by
means of any machine drawn, hauled, carried
or propelled by hand power, or any
j ani torial related services conducted in
residential or commercial structures or
parking areas, the fee shall be established
by resolution of the Mayor and Common
Council.
"5.04.245 Exhibitions in theaters or
temporary places.
For every person, firm or corporation
conducting, managing or carrying on the
business of seminar, sale, exhibition, show
or other business activities of a temporary
nature in public rooms, in hotel/motel
meeting rooms, convention facilities or
other temporary places not otherwise
specifically provided for in this chapter,
the fee shall be established by resolution
of the Mayor and Common Council.
39
December 2, 1991
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1 "5.04.265 Fire sale, bankrupt or wreck
2 sale.
3 A. For every person, firm or corporation,
4 conducting, managing or carrying on a
5 fire sale, bankrupt or wreck sale, the
6 fee shall be established by resolution
7 of the Mayor and Common Council.
8 B. For the purposes of this article, a
9 'fire, bankrupt or wreck sale' is
10 defined to be and includes the sale of
11 goods, wares or merchandise salvaged
12 from a fire, wreck or other calamity,
13 or a sale of goods, wares or
14 merchandise advertised as a fire or
15 bankrupt or wreck sale; providing that
16 no registration certificate shall be
17 required under the provisions of this
18 section for sale of merchandise
19 salvaged from any fire, wreck or other
20 calamity occurring in the City.
21 "5.04.275 Game tables, machines or devices.
22 For every person, firm or corporation
23 conducting, managing or carrying on the
24 business of operating or maintaining
25 tables, machines, or devices, offered for
26 use, used, operated or played as a game, or
27 as a test of skill, or for amusement, for
28 the operation of which a charge is made, or
DAB/ses/Certific.ord 40 December 2, 1991
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which is conducted for profit (except such
tables, machines or devices otherwise
specifically provided for in this Chapter),
the fee shall be established by resolution
of the Mayor and Common Council.
"5.04.280 Hobby horse machines.
A. For every person, firm or corporation
conducting, managing, or carrying on
the business of operating or
maintaining a hobby horse or similar
device for the amusement of children,
offered for use, used or operated for
the amusement or entertainment of
children, or a shuffleboard, for the
operation of which a charge is made,
or which is conducted for profit, the
fee shall be established by resolution
of the Mayor and Common Council.
B. If an in the event of a failure of the
person, firm or corporation so
operating or maintaining such machine
or device to secure a registration
certificate and pay the fee therefor,
as provided in this section, or in the
event that the certificate is not
publicly displayed at a place open to
the examination of the inspector, then
the Chief of Police of the City is
DAB/ses/Certific.ord 41 December 2, 1991
/tIC'-'(-17
1 authorized to seize and take into his
2 or her possession the machine or
3 device and to hold the same until such
4 fee has been paid and a certificate
5 duly issued and properly displayed
6 covering the machine, whereupon the
7 Chief of Police shall release the
8 machine or shuffleboard, upon payment
9 to the City the sum of twenty- five
10 dollars per machine, which sum shall
11 be in addition to the amount of any
12 certificate fee.
13 "5.04.285 Music tables, machines or
14 devices.
15 A. For every person, firm or corporation
16 conducting, managing or carrying on
17 the business of operating or
18 maintaining tables, machines or
19 devices for the playing or rendering
20 of music, for the operation of which a
21 charge is made or which is conducted
22 for profit, other than sound trucks
23 and other advertising mediums, the fee
24 shall be established by resolution of
25 the Mayor and Common Council.
26 B. If the person, firm or corporation
27 mentioned in this section fails or
28 neglects to pay the fee required in
DAB/ses/Certific.ord 42 December 2, 1991
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this section and secure a registration
certificate for any of the machines or
devices mentioned in this section, or
if the certificate is not publicly
displayed in a place on the premises
open to the City business inspector,
then the Chief or Police is authorized
to seize and take into his or her
possession any such machine and to
hold it until such fee has been paid
and a certificate duly issued therefor
and properly displayed. The Chief of
Police shall release any such machine
upon payment to the City for such
release the sum of twenty-five dollars
per machine, which shall be in
addition to the registration
certificate fee.
n 5.04.290 Notice to City Clerk of table
locations.
Upon the issuance of any certificate,
under the provisions of Sections 5.04.275,
5.04.280, and/or 5.04.285, the applicant
therefor shall notify the City Clerk of the
location of each table, machine, device or
game, and in the event of any change in
such location, then the certificate holder
shall notify the City Clerk or the City
DAB/ses/Certific.ord 43 December 2, 1991
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1 business inspector of such change.
2 "5.04.295 Coin-operated game machines.
3 A. For every person or firm or
4 corporation conducting, managing or
5 carrying on the business of operating
6 or maintaining coin-operated game
7 machines, including a certificate
8 hOlder owning and maintaining one or
9 more coin-operated game machines as an
10 incidental business operation at any
11 place of business, the fee shall be
12 established by resolution of the Mayor
13 and Common Council.
14 B. A I coin-operated game machine' means
15 any machine, device or apparatus which
16 is used as game or contest of any
17 description or for amusement, or which
18 may be used for any such game or
19 contest or for amusement and the
20 operation or use of which is
21 permi tted, controlled, or made
22 possible by the deposit or placing of
23 any coin, plate, disc, slug, or key
24 into any slot, crevice or other
25 opening, or by the payment of any fee
26 or fees in lieu thereof, except a
27 machine, device or apparatus
28 specifically otherwise provided for in
DAB/ses/Certific.ord 44 December 2, 1991
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this article.
"5.04.310 Dog kennel.
For every person conducting, managing
or carrying on a dog kennel business where
dogs are boarded or bred for sale, the
license shall be based upon gross receipts
in accordance with the schedule adopted by
resolution of the Mayor and Common Council
pursuant to Section 5.04.525.F. This
section shall not be applicable to a kennel
with three or less dogs, and shall not
apply to veterinarians.
"5.04.315 Junk dealer.
A. For every person, firm or corporation
conducting, managing or carrying on
the business of junk dealer, the fee
shall be established by resolution of
the Mayor and Common Council.
For the purpose of this article, 'junk
dealer' is defined to be any person,
firm or corporation having a business
of buying or selling, either at
wholesale or retail, any old rags,
sacks, bottles, cans, papers, metals
or other articles of junk.
"5.04.335 Massage parlor.
Every person, firm,
corporation conducting,
DABjsesjCertific.ord 45
B.
association or
managing or
December 2, 1991
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1 carrying on the business of a massage
2 parlor, the fee shall be established by
3 resolution of the Mayor and Common Council.
4 "5.04.340 Messenger service.
5 For every person, firm or corporation
6 conducting, managing or carrying on the
7 business of furnishing messengers or
8 messenger service, the fee shall be
9 established by resolution of the Mayor and
10 Common Council.
11 "5.04.345 Private patrol system, armored
12 car service and private police
13 system.
14 A. As a condition to the issuance of a
15 business registration certificate for
16 a private patrol system or armored car
17 service, the applicant must possess
18 any and all state licenses necessary
19 to engage in the business covered by
20 the business registration certificate
21 application, and a copy of the
22 applicant's state license or licenses
23 shall be filed with the City Clerk
24 prior to issuance of a City business
25 registration certificate.
26 B. All employees and persons who will
27 perform services under the certificate
28 must possess a valid California
DAB/ses/Certific.ord 46 December 2, 1991
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1 Department of Consumer Affairs Bureau
2 of Collection and Investigative
3 Services Registration card, on the
4 front of which is endorsed one of the
5 following: responding guard or permit
6 for exposed firearm. Each certificate
7 holder shall ensure that a copy of
8 each such valid card is filed with the
9 Ci ty Clerk.
10 C. No registration certificate issued
11 under this section may be transferred
12 at any time.
13 "5.04.350 Pawnbroker.
14 A. For every person, firm or corporation
15 conducting, managing or carrying on
16 the business of a pawnbroker, the fee
17 shall be established by resolution of
18 the Mayor and Common Council.
19 B. For the purpose of this article,
20 "pawnbroker" means and includes every
21 person conducting, managing or
22 carrying on the business of loaning
23 money either for himself or herself or
24 for any other person, firm or
25 corporation, upon any personal
26 property, personal securi ty or
27 purchasing personal property and
28 reselling or agreeing to resell such
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articles to the vendor or other
assignees at prices previously agreed
upon.
C. Nothing contained in this section
shall be deemed or construed to apply
to the loaning of money or personal
property or personal security by any
bank authorized so to do under laws of
the state.
"5.04.355 Fortunetelling.
A. Fortunetelling defined. For the
purposes of this Section, 'Fortune-
telling' means the practice of the art
of astrology, palmistry, phrenology,
life reading, fortunetelling, car-
tomancy, clairvoyance, clairaudience,
crystal-gazing, meadiumship, spirit
augury, divination, necromancy,
character reading or fortunetelling by
handwriting analysis or other similar
business or art, whether predicted by
manual or electronic device, and
demand or receive directly or
indirectly a fee, gift, donation or
reward for the exercise or exhibition.
B. Permit Required. It is unlawful for
any individual or person to conduct or
carryon any fortunetelling business
DABjsesjCertific.ord 48 December 2, 1991
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1 or activity without first having
2 applied for and received a Business
3 Permit as set forth in Municipal Code
4 Chapter 5.82.
5 C. Business Registration Certificate
6 Required Fee. A business
7 registration certificate application
8 certificate shall be made and a fee as
9 established by resolution of the Mayor
10 and Common Council shall be paid in
11 accordance with this Code. The fee
12 shall be due on January 1, of each and
13 must be paid by January 31, of each
14 year.
15 D. Religious Exemptions. Church or
16 recognized religious organizations
17 shall be exempt from permit and
18 business registration certificate
19 regulations of this Chapter provided
20 that the generated revenue is for the
21 exclusive benefit of the Church, all
22 revenue will be deposited directly to
23 the Church Treasury, no single person
24 will benefi t from the generated
25 revenue, and that the Church has
26 maintained headquarters or a place of
27 worship in the City for at least one
28 year preceding the date on which the
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activity shall be initiated. Proof of
religious exemption shall be furnished
to the City Clerk in the form of a
determination letter from the United
States Treasury (Internal Revenue
Service) relating to federal taxes or
a determination letter from the State
Franchise Tax Board relating to
franchise taxes.
"5.04.355 Soliciting, selling, advertising
and begging.
A. It is unlawful for any person to
solicit to street or sidewalk traffic,
by any means, the sale of any tangible
personal property or the employment of
any services or facilities upon any
sidewalk or parkway adjacent to a part
of the congested streets as defined in
Subsection E of this section.
B. It is unlawful for any person to sell
to street or sidewalk traffic any
tangible personal property or any
services or facili ties upon any
sidewalk or parkway adjacent to or a
part of any of the congested streets
as defined in Subsection E of this
section.
III
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C.
It is unlawful for any person to have,
bear, wear, or carry upon any sidewalk
or parkway adjacent to or part of any
of the congested streets as defined in
Subsection E of this section any
advertising banner, flag, board, sign,
transparency, wearing apparel or other
device, any of which has an area
greater than fourteen square inches,
commanding, publishing, announcing, or
calling attention to any goods, wares,
merchandise, or commodities, or to any
place of business, occupation, show,
exhibition, entertainment or event.
It is unlawful for any person to beg,
ask for, solicit, or receive alms for
his or her own benefit upon any
sidewalk or parkway adjacent to or a
part of any congested street as
defined in Subsection E of this
section.
'Congested streets' within the meaning
of this article are described as
follows:
1. Base Line Street between "D"
Street and "G" Street;
2. "E" Street between Ria1to Avenue
and Thirteenth Street;
D.
E.
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3. "0" street between Second Street
and Sixth Street;
4. Highland Avenue between Waterman
Avenue and "G" Street;
5. Mt. Vernon Avenue between Rialto
Avenue and Eighth Street;
6. Second Street between Arrowhead
Avenue and "G" Street;
7. Third Street, Fourth Street,
Fifth Street and Court Street
between Arrowhead Avenue and "G"
Street; and,
8. Waterman Avenue from Second
Street north to the City limits.
F. Exemptions. The provisions of this
law shall not be applicable to
veterans who are physically unable to
obtain a livelihood by manual labor
and are entitled to the exemption of
Section 16001 of the Business and
Professions Code, bona fide nonprofit
religious and charitable organizations
engaging in lawful and authorized
religious and chari table activities,
persons and organizations engaging in
lawful distribution or dissemination
of literature or otherwise engaging in
their exercise of freedom of speech or
DAB/ses/Certific.ord 52 December 2, 1991
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1 press and persons or organizations
2 exempted herefrom by Section 5.04.630
3 or other provision of law.
4 "5.04.370 Seller from booth or stand
5 Peddler Flags, banners,
6 balloons, toys, food and
7 confections.
8 For every person, firm or corporation
9 engaged in conjunction with a carnival or
10 similar activity to carrying on the
11 business of a seller from a booth or stand,
12 or a peddler who sells or offers for sale
13 flags, banners, balloons, canes, horns,
14 trumpets, musical or nOise-making
15 instruments of any kind, toys, badges,
16 buttons, shoestrings, hairpins, lead
17 pencils, combs, similar trinkets and items,
18 souvenirs of any kind, hot dogs,
19 hamburgers, tacos, burritos, soft drinks,
20 ice cream, ice milk, popcorn, cotton candy,
21 candy apples, snow cones, and any similar
22 food or confection, or any combination
23 thereof, the fee shall be established by
24 resolution of the Mayor and Common Council.
25 It shall be unlawful to engage in the
26 carrying on of the business listed in this
27 section other than in conj unction with a
28 carnival or similar activity. A person
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with a business registration certificate to
sell ice cream or ice milk products from a
vehicle or a cart under Section 5.04.375
shall be exempt from the fees imposed in
this section.
"5.04.375 Peddler or
Foodstuffs.
solicitor
A. For every person, firm or corporation
engaged in or carrying on the business
of a peddler, or solicitor of orders,
or for the sampling, or for the sale
of any fish, fruits, vegetables,
butter, eggs, buttermilk, milk, ice
cream, confection, bread, crackers,
cookies, pies, cakes, pastries,
doughnuts, or other bakery goods, or
any other edibles, intended for use as
food for human consumption, by means
of foot or vehicle delivery, the fee
shall be established by resolution of
the Mayor and Common Council.
B. For the purpose of this section, a
'peddler' or 'solicitor' is defined to
be and include every person, firm or
corporation who goes from place to
Q
place on a fixed route, who solicits
orders for the sale of, or who sells
or offers for sale any goods, wares,
DAB/ses/Certific.ord 54 December 2, 1991
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1 or merchandise, or the sampling of
2 goods, wares, or merchandise, as
3 enumerated or contemplated in this
4 section, which he or she, or it has in
5 his or her, or its possession, or in
6 his or her or its motor truck,
7 automobile, wagon, or other vehicle,
8 cart, basket, tray or other container.
9 "5.04.385 Christmas tree sales.
10 Christmas tree sales shall be held
11 from November 1st through December 31st
12 only. The fee therefor shall be
13 established by resolution of the Mayor and
14 Common Council and shall not be prorated.
15 "5.04.415 Cesspool pumping, collection of
16 rubbish and waste material.
17 For every person, firm or corporation
18 conducting, managing or carrying on the
19 business of operating or driving any
20 vehicle used for the purpose of pumping
21 cesspools or removing or collecting
22 rubbish, manure, waste material or refuse
23 matter of any kind, the fee shall be
24 established by resolution of the Mayor and
25 Common Council.
26 "5.04.420 Collection Agency.
27 A. For every person, firm or corporation
28 conducting, managing or carrying on
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1 the business of a collection agency,
2 the fee shall be established by
3 resolution of the Mayor and Common
4 Council.
5 B. As used in this section, the term
6 'collection agency' means and includes
7 all persons, firms, corporations and
8 voluntary associations engaging,
9 directly or indirectly, as a primary
10 or secondary object, business or
11 pursuit, in soliciting claims for
12 collection, and in the collection of
13 claims owing, or due, or asserted to
14 be owing or due to another, and any
15 person, firm or corporation or
16 voluntary association engaged in
17 collecting accounts for another,
18 whether the employment is for one or
19 more persons, firms, corporations or
20 voluntary associations, or in the
21 selling or furnishing of any
22 collection system or collection letter
23 forms or collection letters, or any
24 house agency, firm, person,
25 corporation or voluntary association
26 using a fictitious name in collecting
27 its own accounts receivable with the
28 intention of conveying to the debtor
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that a third party has been employed
to collect such accounts.
C. Attorney Conducting Collection Agency.
Any attorney at law who directly or
indirectly by the use of agents,
representatives, fictitious names or
otherwise, solicits claims or accounts
for collection, or who solicits or
demands payment of claims from debtors
through or by the use of laymen,
employees or agents, or the use of
fictitious names; or any attorney at
law who makes a practice of accepting
assignments to himself or herself or
to any agent, employee or fictitious
name, of claims or accounts for
collection, shall be deemed to be
conducting a collection agency.
'Collection agency' includes all
attorneys at law who are in fact
conducting collection agencies whether
included in the foregoing definition
or not.
"5.04.495 Transient Merchants and temporary
businesses prohibited.
It shall be unlawful for any person to
sell merchandise, motor vehicles, trailers,
foodstuffs, stuffed animals, fruits,
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vegetables, medicine, eggs, furniture,
bakery goods, or similar items from a
temporary stand or other temporary location
upon any public street, alley or other
public place, doorway of any room or
building, unenclosed building, or vacant
lot, or parcel of 1 and, either paved or
unpaved. This section does not apply to
businesses with registration certificates
issued pursuant to another section or
sections of this Chapter. The purpose of
this section is to make it unlawful for a
person or persons to sell or commence to
sell those items listed above at locations
that have not been approved, and to
prohibit transient merchants and temporary
businesses.
"5.04.496 Property owner responsibility for
transient merchants and temporary
businesses.
As a property owner it shall be
unlawful to authorize or allow the sale of
merchandise, motor vehicles, trailers,
foodstuffs, stuffed animals, fruits,
vegetables, medicine, eggs, furniture,
bakery goods, or similar items from a
temporary stand or other temporary location
upon any doorway of any room or building,
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1 unenclosed building, or vacant lot, or
2 parcel of land, either paved or unpaved,
3 unless a business registration certificate
4 is allowed and granted pursuant to this
5 chapter. A property owner shall be
6 conclusively presumed to have allowed a
7 commercial activity occurring on his or her
8 property.
9 "5.04.497 Seizure; hearing.
10 In addition to any criminal action
11 which may be taken, any authorized officer
12 may seize the items offered for sale
13 contrary to Sections 5.04.495 and 5.04.496
14 and hold said items pending a hearing
15 before the City Clerk or his or her
16 designee. Said hearing must be held within
17 thirty (30) days following the giving of
18 notice of such seizure to the seller. If
19 the seller is unavailable or unknown,
20 notice of the hearing may be posted at the
21 location where the items were offered for
22 sale. At the hearing the City Clerk or his
23 or her designee shall determine whether a
24 business registration certificate pursuant
25 to this Chapter has been issued. If he or
26 she determines that such certificate has
27 not been issued he or she may destroy or
28 otherwise dispose of the items or may
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return such items to the seller upon the
payment of all costs of the seizure and
hearing by the seller. If the items are
evidence in a criminal proceeding they
shall not be returned or destroyed pending
release by the appropriate authorities. If
the items seized are perishable and the
value thereof in the estimation of the
seizing officer is greater than $100.00,
the items shall be sold, if possible, and
any money received shall be the subject of
the hearing. If the value of the
perishable items is in the estimation of
the seizing officer $100.00 or less, they
may be destroyed or otherwise disposed of,
but the hearing shall still be noticed.
Any animals seized pursuant to this section
shall be impounded, returned or disposed of
pursuant to Chapter 6.24. If the seller or
his or her agent does not appear for the
hearing provided for in this section the
items shall be deemed abandoned and may be
disposed of as other surplus City property.
As used in this section 'officer' or
'authorized officer' shall mean any police
officer of the City of San Bernardino, any
of the officers specified in Section
9.90.010.A.7 of this Code with regard to
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animals, and any of the officers specified
in Section 9.90.010.A.5 and Section
9.90.010.A.6.
"5.04.498 Penalty.
Violation of Sections 5.04.495,
5.04.496 shall be a misdemeanor. This
Section is in emphasis of Section
1.12.010.A and not in contradiction
thereof. Stating the penalty for the
violation of these sections shall not be
construed as affecting the penal ties for
any other provision of this Code.
"5.04.500 Swap meet.
A. For every person, firm or corporation
conducting, managing, carrying on or
engaging in the business of a swap
meet in the City, the fee shall be
established by resolution of the Mayor
and Common Council.
B. 'Swap meet' as used in this article
means any business wherein any person,
firm or corporation or agent thereof
rents spaces to various dealers or
individuals for selling or offering
for sale goods, wares, merchandise, or
things or articles of value, and
wherein an admission fee is charged to
enter the area where the merchandise
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is being offered for sale.
C. Receipts of the space rental shall be
written in triplicate on numbered
receipts and shall contain the name
and address of the dealer or
individual, and the make and license
number of his or her automobile. One
copy of the receipt shall be furnished
to the dealer, one copy filed with the
City Clerk immediately after the sale,
and one copy retained by the swap meet
operator for a period of five years
for audit purposes.
"5.04.504 Telephone Solicitation;
Telemarketing.
For every person, firm or corporation
conducting, managing, carrying on or
engaging in the business of telephone
solicitation, telemarketing or other
similar activities, the fee shall be
established by resolution of the Mayor and
Common Council.
"5.04.505 Temporary display and sale of art
articles.
A. For every person, firm or corporation
engaged in the temporary display and
sale of art articles in City parks or
other public places, the fee shall be
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established by resolution of the Mayor
and Common Council.
B. ' Temporary' as used in this section
means such displays and sales which
are limited to weekends and legal
holidays. 'Art articles' as used in
this section means handcrafted items,
such as paintings, ceramics,
sculptures, products of metal and
leather art crafts and other similar
items. Clothing or wearing apparel of
any kind shall not be considered as
art articles. All art articles shall
be produced personally by the
certificate holder under this article
and shall be the work products of his
or her craft.
"5.04.507 Temporary exhibitions, shows or
displays Enclosed mall or
shopping center.
A. For any person, firm or corporation
promoting, organizing or managing
temporary exhibitions, shows or
displays in which sales are made,
orders taken, or admission charged in
the thoroughfare or walkways of an
enclosed mall or shopping center in
excess of 500,000 square feet, the fee
DABjsesjCertific.ord 63 December 2, 1991
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1 shall be established by resolution of
2 the Mayor and Common Council for the
3 entire operation thereof.
4 B. . Temporary' as used in this section
5 means those exhibitions, shows or
6 displays which are limited to sixty or
7 fewer days.
8 "5.04.520 Vehicles for hire.
9 A. For every person, firm or corporation
10 conducting, managing or carrying on
11 the business of running, driving or
12 operating any automobile or motor-
13 propelled vehicle for the
14 transportation of passengers for hire,
15 when driven by the owner or a
16 representative of the owner, or by the
17 person or persons hiring or renting
18 the same, at rate per mile, per trip,
19 per hour, per day, per week or per
20 month, and such vehicle is routed
21 under the direction of such passenger
22 or passengers or of such persons
23 hiring the same, the fee shall be
24 established by resolution of the Mayor
25 and Common Council.
26 B. For every person driving or operating
27 a taxicab, the fee shall be
28 established by resolution of the Mayor
DABjsesjCertific.ord 64 December 2, 1991
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and Common Council.
"5.04.525 Fees based on gross receipts.
A. Professional services. Every person,
firm or corporation conducting,
managing or carrying on or engaged in
any of the businesses hereinafter
enumerated in this subsection and not
specifically covered elsewhere in this
chapter, shall pay a fee established
by resolution of the Mayor and Common
Council. The fee provided for in this
section shall be paid by every person,
firm or corporation conducting,
managing or carrying on or engaged in
any professional service, business,
profession or occupation, which shall
include but shall not be limited to
the following:
l. Architect
2. Assayer
3. Attorney at Law
4. Auditor Accountant
5. Bookkeeper
6. Chemist
7. Chiropodist
8. Chiropractor
9. Civil, Electrical, Chemical
or Mechanical Engineer
DAB/ses/Certific.ord
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11.
12.
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14.
15.
16.
17.
18.
19.
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21.
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23.
24.
25.
DABjsesjCertific.ord
Consul tant (one who gives
professional advice or
services)
Dentist
Drafting
Employment Agency
Marriage or Family Counselor
Optician
Optometrist
Ocu1tist
Osteopath or Osteopathist
Physical Therapist
Physician
Real Estate Broker
.
Surgeon
Undertaker, Embalmer or
Funeral Director
Teacher of private dancing
school of more than twelve
pupils
Every person carrying on or
engaged in the business of
treating, caring,
administering to or giving
treatments to the sick,
wounded, or infirm for the
purpose of bringing about
their recovery, by any
66 December 2, 1991
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method or pursuant to any
belief, doctrine or system
other than those hereinabove
specifically named, and
charging fee or compensation
therefor.
Nothing contained in this section
shall be deemed or be construed as applying
to any person engaged in any of the
businesses hereinbefore enumerated, solely
as an employee of any other person, firm,
or corporation conducting, managing or
carrying on any such business in the City.
B. Retail merchants (other than food).
Every person, firm or corporation
conducting, managing or carrying on
the business of selling at retail any
goods, services, wares or merchandise
not otherwise specifically covered by
other sections of this chapter, shall
pay a fee established by resolution of
the Mayor and Common Council.
"Retail merchants (other than food)"
for purposes of this subsection shall
include but not be limited to the
following businesses:
1. Alarm Businesses
2. Alterations
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4.
5.
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7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2l.
22.
23.
24.
25.
26.
27.
DABjsesjCertific.ord
Ambulance Service
Antiques
Armored Car Service
Art Studio or Gallery
Athletic Exhibitions
Barber and Beauty Supply
Bicycles
Boat Sales and Service
Book Store
Building Material Sales
Camper Sales
Carpet Sales
Check Cashing
Cleaning or Dyeing
Establishments
Clothing Stores
Clothes Washing Machine
Business
Cold Storage Locker Rentals
Cosmetic Sales
Data Processing Services
Detective Agency
Dog Grooming
Drapery Service
Drug Store
Electrical Appliance Sales
and Service
Electrical Sign Enterprises
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DAB/ses/Certific.ord
28. Equipment Rental
29. Film Processing
30. Florists
31. Furniture Refinishing
32. Furniture Store
33. Furrier
34. General Merchandise Sales
35. Gift Shop
36. Graphic Arts
37. Guard Service
38. Hardware Store
39. Ice Sales
40. Interior Decorating
41. Jewelry Store
42. Linen, Uniform Supply
Services and Laundries
43. Medical Equipment Sales and
Service
44. Mobile Home Sales
45. Music Store
46. Newsstand
47. Nursery (plants)
48. Paint Store
49. Pest Control Service
50. Pet Cemetery
51. Pet Store
52. Photographers
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55.
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61.
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64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
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DAB/ses/Certific.ord
Physical Culture and Health
Clubs
Plating Works
Private Post Office Service
Record Shop
Recycling Service
Repair Shops General
Roller Rink
Seasonal Athletic Events
Shoe Repair Shop
Shoe Shining or Polishing
Stand
Shoe Store
Soft Water Service
Sporting Goods
Stamps, Coupons or Ticket
Redemption
Stock Car Racing
Swimming Pool Supplies and
Equipment
Tanning Salon
Trade School
Trampoline Centers
Travel Agency
Vehicle Leasing
Vehicle Repair Shop
Vehicle Wrecking
Welding Shop
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C. Retail Food Merchants. Every person,
firm or corporation conducting,
managing or carrying on a business
consisting principally of selling at
retail food for human or animal
consumption not otherwise specifically
covered by other sections of this
chapter, shall pay a fee established
by resolution of the Mayor and Common
Council.
'Retail food merchants' for
purposes of this subsection shall
include but not be limited to the
following:
I. Bakery
2. Confectioners
3. Dairy
4. Delicatessen
5. Feed store
6. Grocery store
7. Health Food Store
8. Meat Market
9. Produce Store
10. Restaurant
II. Retail Liquor
D. Motor Vehicle Sales, Telephone
Companies and Wholesale Sales. Every
person, firm or corporation
DAB/ses/Certific.ord 71 December 2, 1991
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1 conducting, carrying on or managing a
2 business consisting principally of
3 selling motor vehicles, operating a
4 telephone company, selling goods,
5 wares or merchandise at wholesale,
6 other than manufacturing and selling
7 goods at wholesale; selling at
8 wholesale hydro-carbon, lubricating
9 oil or gasoline, shall pay a fee
10 established by resolution of the Mayor
11 and Common Council.
12 E. Manufacturers/Wholesalers. Every
13 person, firm or corporation
14 manufacturing and selling any goods,
15 wares, merchandise or services at
16 wholesale, and not otherwise
17 specifically covered by other
18 provisions of this Chapter, shall pay
19 a fee established by resolution of the
20 Mayor and Common Council. Temporary
21 employment services shall be included
22 wi thin this subsection.
23 F. Commercial, industrial and residential
24 rental or leasing. Every person, firm
25 or corporation conducting, managing,
26 or carrying on the business of leasing
27 or renting commercial or industrial
28 buildings or spaces, where the
DAB/ses/Certific.ord 72 December 2, 1991
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DAB/ses/Certific.ord
/1!('-~I/
G.
buildings or spaces are to be utilized
for any business purpose including
retail sales, offices and suites or
other business rentals including mini-
storage; or freight forwarding
storehouses, and warehouses; or
operating a hotel, roominghouse,
lodginghouse, boardinghouse, apartment
house, court motel, mobile home park;
or leasing or renting any residential
dwelling units including single family
homes shall obtain a business
registration certificate and pay a fee
established by resolution of the Mayor
and Common Council.
Barbershops, manicurist, shampooing or
hair-dressing parlors. Every person,
firm, or corporation conducting,
carrying on or managing a business
consisting principally of a
barbershop, manicurist, shampooing or
hairdressing parlor and not otherwise
specifically covered by other sections
of this Chapter, shall pay a fee
established by resolution of the Mayor
and Common Council.
73
December 2, 1991
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"5.04.526 Increased
Services.
A. The Mayor and Common Council do hereby
find and determine that in the area
described in subsection E, there is a
concentration of multifamily
residential housing with an
excessively high crime rate including
robberies, shootings, murders,
attempted murders, gang activity, and
drug dealings, resulting in higher
than usual demand for police services,
and a high concentration of blight,
resulting in a higher than usual need
for code enforcement, parking control,
and other City services related to
blight reduction.
B. In the area described in subsection E
it is hereby determined that the
excessive demand of City service is a
cost that should not be borne by the
general tax payers of the City, but
should be the responsibility of those
most directly involved who are
responsible for the conditions which
allow such circumstances to exist and
who have the best opportunity to
alleviate the problem.
DAB/ses/Certific.ord 74 December 2, 1991
of
Municipal
Cost
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C. The Mayor and Common Council do hereby
further find and determine that the
existence of an effective homeowner's
association tends to mitigate and
reduce the existence of the types of
crime and blight described in
Subsection A due to being closer to
the situation and directly involved
wi th the people who are affected by
the adverse affects of crime and
blight, and are the recipients of
improvements in such situations, and
due to the fact that those who own or
reside in residential property have a
greater incentive to care for that
property and to make it a safe
environment in which to live.
D. Therefore, in the area described in
Subsection E the Business Registration
Certificate Fee imposed on the
operation of rental properties
pursuant to San Bernardino Municipal
Code Section 5.04.525.F shall be
increased by the amount of $1,000
annually. Provided however, if the
owner of such rental property joins an
area-wide homeowners association
approved by the Mayor and Common
DAB/ses/Certific.ord 75 December 2, 1991
_-f"/7
1 Council, and records Conditions,
2 Covenants and Restrictions against the
3 property as approved by the City
4 Attorney, the amount as added by this
5 Section shall no longer, such
6 Conditions, Covenants and Restrictions
7 shall relate to maintenance and
8 landscaping standards parking
9 restrictions, security measures and
10 the right of the homeowners
11 association, or if such association
12 fails to do so, of the City, to
13 enforce such conditions by means of
14 entry, summary abatement, lien and
15 legal action.
16 E. The property to which this section
17 shall apply is described as follows:
18 "E. Those portions of Tract No. 7106
19 as per plat thereof recorded in Book
20 90 of Maps, pages 61 and 62, Tract No.
21 6890 as per plat thereof recorded in
22 Book 88 of Maps, pages 34 and 35,
23 Shays Subdivision as per plat thereof
24 recorded in Book 8 of Maps, page 44,
25 Tract No. 6969 as per plat recorded in
26 Book 90 of Maps, pages 59 and 60,
27 Tract 13233 as per plat thereof
28 recorded in Book 191 of Maps, pages 85
DABjsesjCertific.ord 76 December 2, 1991
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1 and 96, Tract No.6647 as per plat
2 thereof recorded in Book 86 of Maps,
3 pages 30 and 31, Tract 12398 as per
4 plat thereof recorded in Book 171 of
5 Maps, pages 65 and 66, and Tract No.
6 10353 as per plat thereof recorded in
7 Book 152 of Maps, pages 61 and 62, all
8 records of the County Recorder of said
9 County lying within the following
10 described land:
11 Beginning at the intersection of
12 the centerlines of Highland
13 Avenue and Arden Avenue; thence
14 South along the centerline of
15 said Arden Avenue to the Easterly
16 prolongation of the South line of
17 that certain East/West alley
18
19
20
21
22
23 Westerly prolongation, to the
24 centerline of McKinley Street;
25 thence South along said
26 centerline to the centerline of
27 Roca Street; thence West along
28 said centerline of Roca Street to
DAB/ses/Certific.ord 77 December 2, 1991
lying South of and adjacent to
the South lines of Lots 41
through 49 of said Tract No.
7106; thence West along said
South line of said alley and its
't'-'g-/7
1 the Northerly prolongation of the
2 East line of that certain
3 North/South alley lying East of
4 and adjacent to the East line of
5 Lot 9 of said Tract No. 12398;
6 thence South along said East line
7 of said alley to the South line
8 of that certain East/West alley
9 lying South of and adj acent to
10 the South lines of Lots 1 through
11 9 of said Tract No. 12398; thence
12 West along said South line of
13 said alley, the Westerly
14 prolongation thereof and along
15 the South line of that certain
16 East/West alley lying South of
17 and adjacent to the South lines
18 of Lots 19 through 32 of said
19 Tract No. 6647, the Westerly
20 prolongation thereof and along
21 the South line of Lot 1 to said
22 Tract No. 6647 and the Westerly
23 prolongation thereof, to the
24 centerline of Sterling Avenue;
25 thence North along said
26 centerline to the Westerly
27 prolongation of the North line of
28 that certain East/West alley
DAB/ses/Certific.ord 78 December 2, 1991
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DAB/ses/Certific.ord
lying North of and adjacent to
the North line of Lots 1 through
13 of said Tract No. 10353;
thence East along said
prolongation and said North line
of said alley and the Easterly
prolongation thereof, to the
centerline of Guthrie street;
thence North along said
centerline, to the centerline of
Highland Avenue; thence East
along said centerline to the
Point of Beginning.
"5.04.540 Street benches -Liability policy
required.
A. For every person, firm or corporation
engaging in the business of painting,
installing, erecting, constructing or
maintaining benches which are
installed upon the public streets of
the City, subj ect to the provisions
hereof, the fee shall be established
by resolution of the Mayor and Common
Council.
79
December 2, 1991
Y-'?/7
1 B. It is unlawful to:
2 1. Place a bench at any location
3 unless prior approval of the
4 Mayor and Common Council has been
5 obtained;
6 2. Erect, construct or locate or
7 maintain the benches wi thout
8 first filing and maintaining in
9 force and effect a public
10 liability policy of insurance in
11 a reputable company in limits as
12 approved by the Mayor and Common
13 Council;
14 3. Maintain or erect any benches
15 unless a correct list shall be
16 furnished quarterly to the City
17 Clerk setting forth the location
18 of all benches used by the
19 certificate holder;
20 4. Locate, erect or place any bench
21 other than at bus stops.
22 "5.04.545 Construction business
23 Contractors.
24 A. For every person, firm or corporation
25 conducting, managing or carrying on
26 the business of constructing houses,
27 buildings or structures, or bidding or
28 submi tting a bid on the construction
DAB/ses/Certific.ord 80 December 2, 1991
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of houses, buildings or structures, as
a general contractor, except as
provided in Subsections Band C of
this section, the fee shall be
established by resolution of the Mayor
and Common Council.
B. For every person, firm or corporation
conducting, managing, or carrying on
the business of an electric wiring
contractor, engaged in the business of
installing electric wires and electric
lighting or heating fixtures in houses
or buildings, or bidding or submitting
a bid on the installation of electric
wires and electric lighting or heating
fixtures in houses or buildings, or
consti tuting a master electrician
within the meaning of the Electrical
Code of the City, the fee shall be
established by resolution of the Mayor
and Common Council.
C. For every person, firm or corporation
conducting, managing or carrying on
the business of brick mason, building
contractor, building, house moving and
house wrecking, cement, concrete,
excavating, floor polishing, grading,
interior decorating or wallpaper
DABjsesjCertific.ord 81 December 2, 1991
/17('- 1/7
1 contractor, landscaping, paint,
2 paving, plaster, surfacing, trenching
3 and all other subcontractors, and
4 every person, firm or corporation
5 submitting any bid in connection
6 therewith, the fee shall be
7 established by resolution of the Mayor
8 and Common Council.
9 D. For every person, firm or corporation
10 engaged in or carrying on the business
11 of plumbing, or submitting any bid in
12 connection therewith, the fee shall be
13 established by resolution of the Mayor
14 and Common Council.
15 E. 'Contractor,' wi thin the meaning of
16 this article, is a person, firm,
17 copartnership, corporation,
18 association, or other organization, or
19 any combination of any thereof, who,
20 for a fixed sum, price, fee percentage
21 or other compensation, other than
22 wages, undertakes with another for the
23 construction, alteration, repair,
24 addi tion to or improvement of any
25 building, highway, road, railroad,
26 excavation or other structure,
27 project, development or improvement
28 other than to personality, or any part
DABjsesjCertific.ord 82 December 2, 1991
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thereof; provided that ' contractor, '
as used in this article, includes
subcontractors, but does not include
anyone who merely furnishes materials
or supplies without fabricating the
same into or consuming the same in the
performance of the work of the
contractor as herein defined.
No Business Registration Certificate
shall be issued by the City Clerk or
any permit issued by the Building
Inspector, Plumbing Inspector, or City
Electrician pursuant to the provisions
of any ordinance of the City requiring
the issuance of a license or any
permit for building construction,
plumbing or wiring installation to any
contractor unless and until such
contractor
either
exhibits
a
contractor's license issued under the
authority of and pursuant to the
statutes of the state in the proper
classification in relationship to the
work to be performed or establishes to
the satisfaction of the City Clerk,
Building Inspector, Plumbing Inspector
or City Electrician, as the case may
be, that he or she is licensed as a
DABjsesjCertific.ord 83 December 2, 1991
/J1('- 8'"/ 7
1 contractor by the state to perform
2 such work in accordance with the law
3 or the Rules and Regulations of the
4 Contractor's State License Board.
5 Nothing, however, in this section
6 shall be deemed to prohibit the
7 issuance of any such permit to the
8 owner of property upon which a
9 building is being constructed, altered
10 or repaired.
11 "5.04.560 Painting of house numbers.
12 For every person, firm or corporation
13 engaged in or carrying on the business of
14 the painting of house numbers on curbs of
15 streets in the City, the fee shall be
16 established by resolution of the Mayor and
17 Common Council.
18 "5.04.575 Certificates for businesses not
19 otherwise covered by article.
20 Each business, show, exhibition or
21 game conducted, operated or carried on in
22 the City, which is not otherwise covered by
23 the provisions of this article shall be
24 required to apply for and obtain a Business
25 Registration Certificate before doing
26 business in the City and the fee therefor
27 shall be established by resolution of the
28 Mayor and Common Council.
DABjsesjCertific.ord 84 December 2, 1991
'{' ~ ?'/7
1 "5.04.595 Solicitors.
2 A. For every person acting as a
3 solicitor, as defined in Subsection F
4 of this section, the fee shall be
5 established by resolution of the Mayor
6 and Common Council, except for those
7 solicitors acting as agents or
8 representatives of a place of business
9 holding a business registration
10 certificate and established in the
11 Ci ty for a period of one year under
12 the same ownership for whom fee rates
13 shall be established and paid based
14 upon the total gross receipts of the
15 business as set forth in Section
16 5.04.525.B.
17 B. In order to be classified as a
18 business having a business
19 registration certificate and an
20 established place of business in the
21 Ci ty for a period of one year under
22 the same ownership, such business
23 shall continuously comply with this
24 section and each of the following
25 requirements:
26 1. A completely representative
27 stock of the merchandise
28 being solicited shall be on
DAB/ses/Certific.ord 85 December 2, 1991
r'.-f/7
1 display at the place of
2 business.
3 2. The established place of
4 business must be open to the
5 public at least eight hours
6 a day, five days a week.
7 3. A floor salesman of the
8 company shall be present at
9 all times when the place of
10 business is open.
11 4. The business or company
12 shall have and maintain at
13 the place a sign of not less
14 than three square feet
15 bearing the name of the firm
16 painted either on the front
17 of the building or on the
18 unscreened glass facing the
19 front street, or the sign
20 shall be affixed to the
21 front of the building.
22 5. Ingress and egress shall be
23 available to the place of
24 business from the main
25 entrance of the building.
26 C. For every person soliciting as a
27 representative of, or from, or in
28 connection with, any other established
DAB/ses/Certific.ord 86 December 2, 1991
/flL"- f /7
1 place of business, the fee shall be
2 established by resolution of the Mayor
3 and Common Council, in addition to the
4 fee imposed upon the established place
5 of business.
6 D. Any person, firm or corporation
7 soliciting with a number of
8 solicitors, may elect at his or her
9 option to pay a flat rate established
10 by resolution of the Mayor and Common
11 Council.
12 E. Each certificate hOlder shall be
13 required to maintain a current list of
14 the name and address of each solicitor
15 working under the certificate and the
16 list and any current changes thereto
17 shall be filed in the office of the
18 Ci ty Clerk prior to any solicitation
19 wi thin the City.
20 F. A 'solicitor,' within the meaning of
21 this section, is defined to be any
22 person who goes from house to house,
23 or from place to place, in the City,
24 selling or taking orders for, or
25 offering to sell or take orders for,
26 goods, wares or merchandise or any
27 article for future delivery, or for
28 service to be performed in the future,
DAB/ses/Certific.ord 87 December 2, 1991
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1 or for the making, manufacturing or
2 repairing of any article or thing
3 whatsoever for future delivery. The
4 foregoing definition of a solicitor
5 shall be exclusive and controlling,
6 and the fact that a solicitor may have
7 had previous contacts with the
8 customer through the media of
9 telephone, correspondence, advertising
10 or by person to person conversation,
11 or that he may have been invited to
12 the house or place, shall not be a
13 defense to, or excuse for, a violation
14 of any provision of this article, nor
15 affect his or her status as a
16 solicitor.
17 G. All orders taken by solicitors shall
18 be in writing in duplicate, stating
19 the terms thereof, and the amount paid
20 in advance, and one copy shall be
21 given to the purchaser. Each
22 solici tor shall be fingerprinted and
23 photographed by the Police Department.
24 SOlici tation shall cease at sundown.
25 "5.04.605 House-to-house solicitors.
26 A. Each solicitor who goes from house to
27 house or from place to place or to
28 only one house or one place within the
DABjsesjCertific.ord 88 December 2, 1991
/l1.~-7/1
1 City selling or taking orders for, or
2 offering to sell or take orders for,
3 goods, wares, merchandise, or
4 magazines, periodicals, or
5 publications or subscriptions for the
6 same, or any article, right, or
7 privilege of value, for future
8 del i very, or for service to be
9 performed in the future, or for the
10 making, manufacturing, or repairing of
11 any article or thing whatsoever for
12 future delivery (religious material
13 and regularly published newspapers
14 excepted) and each solicitor of alms
15 or donations of any nature who goes
16 from house to house or from place to
17 place or to only one house or one
18 place wi thin the City is required to
19 register with the Police Department of
20 the City and to obtain an identifi-
21 cation and registration card for which
22 he or she shall pay the sum of five
23 dollars to defray costs, which sum is
24 waived in the case of a solicitor who
25 represents a local, established place
26 of business holding a valid business
27 registration certificate, or who has
28 obtained a certificate as a solicitor
DAB/ses/Certific.ord 89 December 2, 1991
t11/'- ft/7
1 under the provisions of Section
2 5.04.595, provided, that the
3 provisions of this section shall not
4 apply to:
5 1. A solicitor who represents a bona
6 fide local fraternal, charitable,
7 or religious organization which
8 is exempt under the provisions of
9 Section 5.04.630;
10 2. A person who has been issued a
11 valid vocational, occupational or
12 professional license by the
13 state; provided, however, that
14 such person shall display written
15 evidence of such license to each
16 resident during the period of
17 solicitation:
18 3. A disabled veteran who is exempt
19 under the provisions of Section
20 5.04.360; or
21 4. A solicitor who goes only to a
22 local merchant hOlding a valid
23 business registration certificate
24 for wholesale merchandising
25 purposes.
26 B. Each applicant for registration under
27 this section shall be photographed and
28 fingerprinted by an employee of the
DABjsesjCertific.ord 90 December 2, 1991
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Police Department.
One photograph
shall be attached at all times to the
applicant's
identification
and
registration
card
and
another
photograph shall be retained by the
Police Department.
C.
The identification and registration
card shall bear the name of the
applicant, the company or companies
which he or she represents, and his or
her photograph and right thumbprint.
It shall be carried on the
person of
dlsPlayed
the applicant and shall be
to all residents during the period of
solicitation. It shall be valid for a
period of one year and may be renewed
each year thereafter for a fee of five
dollars.
D.
An identification and registration
card shall be issued to each applicant
who has complied with the provisions
of this section and has submitted
wri tten evidence of his or her good
character,
reputation
or
moral
integrity unless at the discretion of
the Chief of Police, after investi-
gation and for good cause, it is
determined that an applicant has
DAB/ses/Certific.ord
91
December 2, 1991
(- 'i17
1 violated any provision of this article
2 or has been convicted of a felony or a
3 criminal offense involving moral
4 turpitude, or unless the proposed
5 sales proposition shall include an
6 element of trickery, fraud, or deceit,
7 in which case, in the interest of
8 public safety and protection, a
9 registration card shall not be issued.
10 A registration card may be revoked for
11 any of the foregoing causes in the
12 discretion of the Chief of Police.
13 E. An applicant who has been denied a
14 card or a solicitor whose card has
15 been revoked may, within ten days
16 after such denial or revocation,
17 appeal the decision of the Chief of
18 Police to the Mayor and Common Council
19 by filing a written appeal with the
20 City Clerk stating the action appealed
21 from and the grounds for the appeal.
22 At the next meeting or at any
23 subsequent meeting to which the matter
24 may be continued, the Mayor and Common
25 Council shall conduct a hearing at
26 which time the appellant may appeal
27 and be heard. The Mayor and Common
28 Council may approve, modify or reject
DABjsesjCertific.ord 92 December 2, 1991
/l1/" '117
1 the decision of the Chief of Police,
2 and its decision shall be final and
3 conclusive.
4 "5.04.610 Determination of fee when two
5 businesses involved.
6 A. In the event that any person, firm or
7 corporation is conducting, managing or
8 carrying on two or more businesses
9 covered by this article at the same
10 location and under the same
11 management, the fee to be paid by such
12 person, firm or corporation shall be
13 the highest fee provided for in this
14 article, for only one of such
15 businesses; provided, however, in such
16 cases where the fee on one or more of
17 such businesses is based upon the
18 gross annual receipts of such business
19 and the fee on one or more of such
20 businesses is fixed at a definite
21 amount, then the fee shall be paid
22 according to the provisions of this
23 article providing for a fee based upon
24 such gross annual receipts, and the
25 receipt of the business or businesses
26 upon which the fee is fixed at a
27 definite amount shall be included in
28 the gross annual receipts for the
DABjsesjCertific.ord 93 December 2, 1991
;11('-,;-17
1 business or businesses upon which the
2 fee is based upon the gross annual
3 receipts of such business or
4 businesses unless the fee upon anyone
5 of such businesses is greater in
6 amount than the fee of the business or
7 businesses upon which the fee is based
8 upon the gross annual receipts of such
9 business, and in that event the fee
10 paid shall be the highest fee upon any
11 one of such businesses upon which the
12 fee is fixed at a definite amount;
13 provided further, that in such cases
14 where the fee upon two or more of such
15 businesses are based upon the gross
16 annual receipts of such business, then
17 separate certificates shall be issued
18 for each such business, and the fee
19 paid upon each of such businesses in
20 accordance with the amount of gross
21 annual receipts of each such business.
22 B. In any event, any person, firm or
23 corporation conducting any business
24 covered under the terms of this
25 article providing for the payment of a
26 fee based upon volume of business,
27 number of persons employed, number of
28 vehicles used, or other basis shall
DAB/ses/Certific.ord 94 December 2, 1991
tJ1( - '?/7
1 make and file the verified statements
2 provided for in this article except as
3 otherwise provided for in this
4 article.
5 "5.04.615 Separate certificates for
6 separate locations.
7 In the event any person, firm or
8 corporation is conducting, managing or
9 carrying on two or more businesses at
10 separate locations, each location is for
11 the purpose of this article deemed a
12 separate business in computing and fixing
13 the fee.
14 "5.04.620 Fee for vehicles used in
15 conducting business.
16 Every person, firm or corporation
17 conducting, managing or carrying on any
18 business of any kind in the City and
19 employing vehicles, automobiles or motor
20 vehicles in the conduct of such business
21 shall pay a fee established by resolution
22 of the Mayor and Common Council for each
23 such vehicle automobile or motor vehicle
24 used in such business within the corporate
25 limits of the City; provided, however, that
26 this section shall not apply to any person,
27 firm or corporation holding a certificate
28 for any such business under any other
DAB/ses/Certific.ord 95 December 2, 1991
/Ylt~.. '?/1
1 provision of this article.
2 "5.04.625 Applicability of Chapter to
3 exempt persons.
4 Nothing contained in this article
5 shall be deemed or construed as applying to
6 any person, firm or corporation conducting,
7 managing or carrying on, or engaged in any
8 business or occupation exempt from taxation
9 by municipal corporations, by virtue of
10 Section 14, Article XIII of the
11 Constitution of the state, or by the
12 Constitution of the United States.
13 "5.04.626 Exemption - Veterans.
14 Every peddler, solicitor or other
15 person claiming to be entitled to exemption
16 from the payment of any fee provided for in
17 this Chapter upon the ground that he or she
18 is an honorably discharged or released
19 soldier, sailor or marine of the United
20 States or Confederate States who is
21 physically unable to obtain a livelihood by
22 manual labor and who shall be a qualified
23 elector of the State or otherwise evidences
24 residency within the State, as provided in
25 the laws of this State, shall, in addition
26 to any other information required by this
27 Chapter, file with the City Clerk's Office
28 a certificate of a regularly licensed and
DAB/ses/Certific.ord 96 December 2, 1991
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practicing physician dated within a month
of said application, to the effect that
said applicant is physically unable to
obtain a livelihood by manual labor, and
stating the nature of said incapacitation;
verification that the applicant is an
honorably discharged veteran of the United
States or Confederate States, and
verification that the applicant is a
registered voter of this State or otherwise
evidences residency wi thin the State. Upon
proof of the foregoing, the City Clerk
shall issue without charge a certificate to
a qualified applicant to solicit, sell,
hawk, peddle, or vend his or her goods.
Certificate hOlders under the provisions of
this section shall be required to comply
with all other provisions of this Chapter.
Any certificate issued hereunder shall be
personal to the veteran, and shall not
authorized soliciting, selling, hawking,
peddling or vending by an agent, employee
or representative of the veteran. The
certificate shall also be limited to
hawking, peddling and vending goods and
merchandise owned by the veteran
personally.
"5.04.630 Applicability
DAB/ses/Certific.ord 97
of
Chapter to
December 2, 1991
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1 nonprofit organizations.
2 The provisions of this article
3 relating to business registration
4 certificates and fees therefor shall not
5 apply to any bona fide nonprofit
6 chari table, fraternal or religious
7 corporation, association, insti tution or
8 organization when the proceeds of the
9 activities covered by the exemption are to
10 be used for the lawful purposes of the
11 organization; provided, however, that no
12 exemption under this article shall be valid
13 unless application therefor has been made
14 in writing to the City Clerk, and a
15 certificate of exemption issued by the City
16 Clerk, which certificate shall cover a
17 period of no more than one year from date
18 thereof, and shall be displayed or
19 available for presentment to any
20 enforcement officer of the City on request,
21 on the premises covered by the certificate;
22 and provided further, that no exemption
23 shall be granted under this article when
24 any person, firm, concern or organization
25 not meeting the foregoing qualifications
26 receives any share or interest in the
27 acti vi ties proposed to be covered by the
28 exemption, or the proceeds or income
DABjsesjCertific.ord 98 December 2, 1991
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therefrom.
"5.04.640 Applicability of
penalties and
procedures.
The criminal penalties and regulatory
procedures provided for by this article
shall not be applied to businesses or
professions requiring a state license as a
condi tion precedent to doing business in
the City, nor as a method of obtaining
collection of the fees. Nothing provided
in this article shall prevent criminal
prosecutions as otherwise provided by law,
or the application of any regulatory
procedures in instances where the field is
not preempted by state law.
"5.04.645 Fees are for revenue purposes.
Any fees provided for in this article
which are applicable to a person, firm or
corporation licensed by the state are for
revenue and not regulatory purposes.
"5.04.650 Suspension, cancellation
revocation of certificates.
Any certificate issued pursuant to the
provisions of this article or any amendment
thereof or of any ordinance for the
conducting of business may be suspended,
canceled or permanently revoked for good
DABjsesjCertific.ord 99 December 2, 1991
criminal
regulatory
or
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cause by the Hayor and Common Council;
provided, that notice of the time and place
of the hearing and a general statement of
the nature of the grounds for good cause
shall be given to the certificate hOlder by
the City Clerk at least ten days before
such hearing by personal service upon the
certificate holder or by certified mail to
the last known address of such certificate
holder. The certificate holder may be
represented by his or her attorney at law
at the hearing. The determination of the
Mayor and Common Council that good cause
for the suspension, cancellation or
revocation
conclusive.
suspension,
of
such
Good
exists
shall
be
for
such
cause
cancellation or revocation
shall include but is not limited to the
following grounds:
A. The existence
of
unsanitary
conditions, noise, disturbances, or
other conditions at or near the
premises which cause or tend to cause
a public nuisance, or which
injuriously affect the public health,
safety or welfare;
100
December 2, 1991
DAB/ses/Certific.ord
/11.,- PI 7
1 B. The commission of, or permitting or
2 causing the commission of, any act in
3 the operation of the business, which
4 act is made unlawful or is prohibited
5 by any ordinance, rule, or law of the
6 City, State or Federal government; and
7 C. Unfair, unjust, inequitable or
8 fraudulent practices in the operation
9 of the business or conceal mentor
10 misrepresentation in procuring the
11 certificate or other permit required
12 for such business.
13 D. The omission, or causing or permitting
14 the omission, or any act or duty which
15 is required by this Code or other law
16 to be performed by the certificate
17 hOlder or any officer, employee or
18 agent thereof, in the operation of the
19 business or any misrepresentation made
20 in the performance of such act or
21 duty.
22 "5.04.655 Duty of auditor.
23 It shall be the duty of the auditor
24 employed by the City to audit the books and
25 records of the City to make annually a test
26 check of the payment of fees as required by
27 this article and said auditor shall report
28 the result of the test check to the Mayor
DAB/ses/Certific.ord 101 December 2, 1991
MC-817
AN ORDINANCE...RELATING TO BUSINESS REGISTRATION CERTIFICATES.
and Common Council at the time of his or
her annual report."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Ci ty Crerk
The foregoing ordinance is hereby approve
this 7th day
of January
, 1992.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~~ I
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DABjsesjCertific.ord
102
December 2, 1991