Alameda Municipal Code § 5-5 Exemptions

Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement within the Bureau of Licenses, disclosing the interstate or other character of his business entitling such exemption. Such statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or State manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the State of California, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit for the information of the Bureau of Licenses.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

a. Veterans. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that he is an honorably discharged or released soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor and who is a voter of the State of California, as provided or hereafter to be provided by Section 16001 of the Business and Professions Code or other law of this State, (hereinafter disabled veteran shall, in addition to the information required in subsection 5-5.1 hereof, also file with the Bureau a certificate of a regularly licensed and practicing physician dated within a month of the application, to the effect that the applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of the incapacitation. The provisions of Section 16001 of the Business and Professions Code of the State of California are hereby made applicable to the City, and the provisions of the section of the code are hereby made applicable, under the same conditions and limitations, to any honorable discharged or released soldier, sailor or marine of the United States who served or shall serve in any war in which the United States has been or may be engaged. Without limiting the foregoing, disabled veterans are exempted from paying the license fee set forth in Section 5-2 of this chapter.

*b.

Businesses Conducted at Naval Air Station.

1. The One Hundred Percent Credit. Every person conducting a business on property located within the boundaries of the Naval Air Station shall be provided a credit for one hundred (100%) percent of the license tax that would otherwise be applicable to the business provided that the following conditions are met:

(a) The business is conducted pursuant to a lease with the Alameda Reuse and Redevelopment Authority executed prior to January 1, 1996; and

(b) The License Collector determines that the business regularly employs at least twenty (20) people throughout the year each of whom works at least thirty (30) hours a week; and

(c) The License Collector determines that the business regularly generates or, for a newly established business is reasonably expected to generate, at least forty-seven thousand five hundred ($47,500) dollars a year in local sales and use tax allocated to the City in the year for which the credit is applied.

2. The Fifty Percent Credit. Every person conducting a business on property located within the boundaries of the Naval Air Station shall be provided a credit for fifty (50%) percent of the license tax that would otherwise be applicable to the business pursuant to the provisions of this chapter provided that the following conditions are met:

(a) The business is conducted pursuant to a lease with the Alameda Reuse and Redevelopment Authority executed after December 31, 1995; and

(b) The License Collector determines that the business regularly employs at least twenty (20) people throughout the year each of whom works at least thirty (30) hours a week; and

(c) The License Collector determines that the business regularly generates or, for a newly established business is reasonably expected to generate, at least forty-seven thousand five hundred ($47,500) dollars a year in local sales and use tax allocated to the City in the year for which the credit is applied.

The exemption provided in this subparagraph 5-5.2(b.)(2.) shall apply to each City tax year or partial year through the tax year ending on June 30, 2002.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.; Ord. No. 2655 N.S. 7; Ord. No. 2707 N.S. 1, 2)

* Editor's Note: In recognition of the preemptive effect of existing federal jurisdiction, Section 1 of the ordinance codified in subsection 5-5.2(b) shall become effective upon acceptance by the State of California, pursuant to section 126 of the Government Code of the State, of retrocession of federal jurisdiction at the Naval Air Station.

The provisions of this chapter shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of such entertainment, concert, exhibition or lecture are to be appropriated to any church or school, or to any religious or benevolent purpose, nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, State, County or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; provided, however, that nothing in this subsection contained shall be deemed to exempt any such institution or organization from complying with the provisions of any ordinance of the City requiring such institution or organization to obtain a permit from the City Council or proper officer to conduct, manage or carry on any profession, trade, calling or occupation.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

Every peddler, solicitor or other person claiming to be entitled to any exemption from any license provided for in this chapter on the ground that he is peddling or soliciting for the sale of newspapers, periodicals or other publications, or upon any other grounds not herein specifically mentioned, shall file a verified statement with the Bureau containing the information required by subsection 5-5.1 hereof, and any other facts necessary to establish such claims of exemption.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

It is unlawful for any person to solicit for the sale of, offer for sale or sell from house to house or by telephone within the corporate limits of the City any goods, wares or merchandise whatsoever, subscriptions to any kind of publication, tickets, coupons or receipts representing value or redeemable in any kind of consideration where the same are solely and strictly within and a part of interstate commerce, until ten (10) calendar days after having registered as in this section required. This ten (10) day wait is the time reasonably required for the information supplied by the applicant to be checked and confirmed.

(Ord. No. 1952 N.S.; Ord. No. 2295 N.S.)

All applications for free licenses shall be referred to the Bureau of Licenses and it shall have the power in the first instance to determine the merits of such applications, and to approve or reject the same. If the Bureau finds that the application shall be approved the License Collector shall issue to the applicant a free license. If the application be rejected the applicant shall have the right of appeal to the City Council, as hereinafter provided. A separate license shall be required for each person intending to exercise any right hereunder.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

Whenever the Bureau of Licenses shall issue any license granting the exemption hereinabove provided for, the person to whom such license is issued shall endorse thereon his/her signature in ink in the presence of an employee of the Bureau of Licenses, and no such license shall be transferable.

Any such exempt license shall be issued only for the minimum license period of any such business, and may be renewed for the same period under the same conditions and in the same manner as originally obtained.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)