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HomeMy WebLinkAboutMC-817 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 December 2, 1991 /11(- rt/7 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 DABjsesjCertific.ord 2 December 2, 1991 jJ1C-fr7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 't - [jn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I I I 28 III DAB/ses/Certific.ord /1'(- /?F7 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. 5 December 2, 1991 ;?1t'-<{/7 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 DABjsesjCertific.ord 6 December 2, 1991 j?!c-?/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 )11(' 5>'/7 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 111{'-,?l7 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 j11{' - .? / 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 (71/'- f'17 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 /tlt'-f/7 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 lilt:' '117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ;t1t:-f"17 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 1f1t'-?/ l' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I1lC-rr7 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 111~-9?7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB/ses/Certific.ord 18 December 2, 1991 /J!C,?17 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 #1(:- '1'/7 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 DABjsesjCertific.ord 20 December 2, 1991 ~-N7 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 mt'-fl7 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 '{' -ii7 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 ;1f(-?/7 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 !11(-Y/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '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. III III III III III III III III III III III III III III III III III III III III III III III III DAB/ses/Certific.ord 25 December 2, 1991 i17{-j/7 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'C 8'/7 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 DAB/ses/Certific.ord 27 December 2, 1991 dtC-?/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /'f1('-<J'/7 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 /i1C -~II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /'ltt-;1 j7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 11!('-fj"/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. DAB/ses/Certific.ord 32 December 2, 1991 /& -<;"/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / / / 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 /J1(-?l'7 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 ,lJtC -?f7 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 /J1t'-g-/7 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 {-gr7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 , ,{,-?/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. 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 38 December 2, 1991 ;nc~?17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / / / DAB/ses/Certific.ord "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 me -['1/ 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 /J1r-fl7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 t11c'-?17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 l1IC't/7 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 /J1C-S"J'7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 'L-f/7 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 mc-r17 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 DABjsesjCertific.ord 47 December 2, 1991 me - f"1/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 IIfc-?/7 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 DAB/ses/Certific.ord 49 December 2, 1991 t'--?l7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB/ses/Certific.ord December 2, 1991 50 (,,-?17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. DAB/ses/Certific.ord 51 December 2, 1991 '{'-8f7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /Jt( -8/7 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 DABjsesjCertific.ord 53 December 2, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'C-K77 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 t" - 877 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 DAB/ses/Certific.ord 55 December 2, 1991 '('-f/7 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 DAB/ses/Certific.ord 56 December 2, 1991 IUC-J/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, DAB/ses/Certific.ord 57 December 2, 1991 I '{'- 8'/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, DAB/ses/Certific.ord 58 December 2, 1991 /C1/7 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 DABjsesjCertific.ord 59 December 2, 1991 '{'- f/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB/ses/Certific.ord 60 December 2, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 't-Y/7 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 DABjsesjCertific.ord 61 December 2, 1991 'C-?17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DABjsesjCertific.ord 62 December 2, 1991 1 2 3 4 5 6 7 8 9 10 11 12 I ' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~- '1'17 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 !.me - 1"/7 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t:' - r/7 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 65 December 2, 1991 /lit?"17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 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 'C-f"17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB/ses/Certific.ord 67 December 2, 1991 'C-f'/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 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 68 December 2, 1991 ,'c-f'/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III 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 69 December 2, 1991 '(-'{(7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 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 70 December 2, 1991 t'- tf/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1I1t'-?77 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 / / / 28 / / / 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 IJJt4-f/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 {'-fI1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 i1/c' - J'T7 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 '[-?17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III 26 III 27 I I I 28 I I I 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 /?1C?17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1'11{- ?/7 1 2 3 4 5 6 7 8 9 F. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ~... f?/7 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 t!lc ...8-17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ;11,~'- <;'/7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /11('-n7 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 /J1( -1i'i7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 me ~~-;7 1 2 :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 III 28 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 ;/ /) V'c::~ DABjsesjCertific.ord 102 December 2, 1991