Brawley Municipal Code Art. II Schedule

6. For license provisions relative to signs, see §3.31 of this Code. As to dog licenses, see §4.4. As to bicycle licenses, see §6.1. As to contractors' licenses, see §10.2.

The amount or rate of license fee to be paid to the city by any person engaged in or carrying on any business, show, exhibition or game designated in this chapter is hereby fixed and established as provided in this article and such license fee shall be paid by every person engaged in or carrying on any such business, show, exhibition or game in the city.

(Ord. No. 337, §12.)

For every person conducting, managing or carrying on a theatre containing a permanent stage upon which movable scenery and theatrical or vaudeville performances are given and to which an admission fee is charged, collected or received, or conducting, managing or carrying on a moving picture theatre where moving or motion pictures are exhibited and an admission fee is charged, collected or received, the gross annual receipts of which business amounts to less than $25,000.00, $22.50 per quarter for each theatre;

$25,000.00 and less than $50,000.00, $33.75 per quarter.

$50,000.00 and less than $100,000.00, $45.00 per quarter.

$100,000.00 and over, $75.00 per quarter.

(Ord. No. 337, §15.)

Every person conducting, managing or carrying on or engaging in any of the businesses hereinafter in this section enumerated, the annual gross receipts of which business amount to:

$1,500.00 and less than $3,500.00, $7.00 per quarter.

3,500.00 and less than 5,000.00, 9.00 per quarter.

5,000.00 and less than 7,500.00, 12.00 per quarter.

7,500.00 and less than 10,000.00, 15.00 per quarter.

10,000.00 and less than 12,500.00, 18.00 per quarter.

12,500.00 and less than 15,000.00, 20.00 per quarter.

15,000.00 and less than 20,000.00, 25.00 per quarter.

20,000.00 and less than 25,000.00, 30.00 per quarter.

In excess of $25,000.00, $35.00 per quarter.

No license shall be payable by any such business, the annual gross receipts of which amount to less than $1500.00.

The license provided for in this section shall be paid by every person managing or carrying on or engaged in any of the following businesses:

Apartment house.

Auto camp.

Auto court.

Boardinghouse.

Bungalow court. (Definition: Four or more detached one story, one or two-family dwellings owned by the same party, and contiguous to each other, situate upon a single lot or parcel of land or subdivision, or one or more lots or parcels of land.)

Hotel. Lodginghouse.

Motel. Rooming house.

Camp grounds.

(Ord. No. 337, §16.)

For every person conducting, managing or carrying on or engaged in any of the businesses hereinafter in this section enumerated, the annual gross receipts of which business amount to less than $5,000.00, $5.00 per quarter;

$5,000.00 and less than 7,500.00, $7.50 per quarter.

7,500.00 and less than 10,000.00, 10.00 per quarter.

10,000.00 and less than 15,000.00, 15.00 per quarter.

Over $15,000.00, $25.00 per quarter.

The license provided for in this section shall be paid by every person managing or carrying on or engaged in any of the following businesses, professions or occupations:

Architect

Assayer

Attorney-at-Law

Auditor, public accountant, chartered public accountant

Chemist

Chiropodist

Civil, electrical, chemical or mechanical engineer

Chiropractor

Dentist

Optician

Optometrist

Oculist

Osteopath or osteopathist

Physician

Surgeon

Veterinarian

Teachers of private dancing schools of more than twelve pupils, and every person carrying on or engaged in the business of treating, curing, administering to or giving treatments to the sick, wounded or infirm for the purpose of bringing about their recovery, by any method or pursuant to any belief, doctrine or system other than those hereinabove specifically named, and charging a fee or compensation therefor.

Nothing contained in this section shall be deemed or construed as applying to any person engaged in any of the businesses hereinbefore enumerated, solely as an employee of any other person conducting, managing or carrying on any such business in the city.

(Ord. No. 337, §17.)

For every person conducting, managing or carrying on the business consisting mainly of selling at retail, food or drugs for human or animal consumption or use, not otherwise specifically licensed by other sections of this article, the gross annual receipts of which business amount to less than $5,000, $8.00 per quarter;

$ 5,000.00 and less than $10,000.00, $10.00 per quarter.

10,000.00 and less than 15,000.00, 12.50 per quarter.

15,000.00 and less than 25,000.00, 15.00 per quarter.

25,000.00 and less than 50,000.00, 20.00 per quarter.

50,000.00 and less than 75,000.00, 22.50 per quarter.

75,000.00 and less than 100,000.00, 25.00 per quarter.

100,000.00 and less than 150,000.00, 30.00 per quarter.

150,000.00 and less than 200,000.00, 35.00 per quarter.

200,000.00 and less than 300,000.00, 40.00 per quarter.

300,000.00 and less than 400,000.00, 50.00 per quarter.

(Ord. No. 337, §18.)

For every person conducting, managing or carrying on the business of selling at retail any goods, wares or merchandise not specifically licensed by other sections of this article, including hydrocarbons and lubricating oils (at wholesale or retail) and every person managing or carrying on the business of:

Electrical supplies and equipment.

Jewelry store.

Lumber yard.

Machinery or equipment.

Motor vehicles (new and used).

Plumbing.

the gross annual receipts of which business amount to less than $5,000.00, $8.00 per quarter;

$ 5,000.00 and less than $10,000.00, $10.00 per quarter.

10,000.00 and less than 15,000.00, 12.50 per quarter.

15,000.00 and less than 25,000.00, 15.00 per quarter.

25,000.00 and less than 50,000.00, 20.00 per quarter.

50,000.00 and less than 75,000.00, 22.50 per quarter.

75,000.00 and less than 100,000.00, 25.00 per quarter.

100,000.00 and less than 150,000.00, 30.00 per quarter.

150,000.00 and less than 200,000.00, 35.00 per quarter.

200,000.00 and less than 300,000.00, 40.00 per quarter.

300,000.00 and less than 400,000.00, 45.00 per quarter.

In computing the gross annual receipts which may be used as the basis for a license tax as provided in this section, such gross annual receipts may be computed for such purpose by deducting from the gross amount thereof, the total value of any merchandise, except money, bills or notes, received in trade, at the same value as it was received.

(Ord. No. 337, §19.)

For every person conducting, managing or carrying on or engaged in any of the businesses hereinafter in this section enumerated, and the annual gross receipts of which business amount to less than $5,000.00, $8.00 per quarter:

$ 5,000.00 and less than $10,000.00, $ 9.00 per quarter.

10,000.00 and less than 15,000.00, 10.00 per quarter.

15,000.00 and less than 25,000.00, 12.00 per quarter.

25,000.00 and less than 50,000.00, 14.00 per quarter.

50,000.00 and less than 75,000.00, 16.00 per quarter.

75,000.00 and less than 100,000.00, 18.00 per quarter.

100,000.00 and less than 150,000.00, 20.00 per quarter.

150,000.00 and less than 200,000.00, 22.00 per quarter.

200,000.00 and less than 300,000.00, 24.00 per quarter.

300,000.00 and less than 400,000.00, 26.00 per quarter.

The license provided for in this section shall be paid by every person conducting, managing or carrying on or engaged in any of the following businesses:

Bakery

Laundry

Dry cleaning

Auto repair shop

Blacksmith shop

Garage

Service station

Tire sales and repair shop

Machine shop.

(Ord. No. 337, §20.)

For every person engaged in or carrying on the business or occupation of outdoor advertising, billposting or erecting or maintaining billboards, forty dollars per year, payable in advance, which shall authorize such licensee to use not more than five locations for billboards or signboards, and for each location over five for such billboards or sign-boards, an additional annual fee of five dollars.

Nothing contained in this section shall be deemed or construed as applying to the owners of real estate or their agents in advertising their property for sale or lease by means of billboards located upon the property advertised for sale or lease by such billboards or advertising signboards.

(Ord. No. 337, §22.)

For every person conducting, managing or carrying on the business of advertising agency, eight dollars per quarter.

(Ord. No. 337, §38.)

For every person conducting, managing or carrying on the business of distributing advertising samples, handbills, dodgers or printed advertisements of any kind, eight dollars per month.

For the purpose of this section, the expression "carrying on the business" is defined to be and is construed to mean the doing of any act or series of acts, of distributing or advertising by any means or in any manner in this section specified.

(Ord. No. 337, §23.)

For every person conducting, managing or carrying on the business of advertising by means of any electric sign, two and one-half cents per quarter for each square foot of the front surface area of all electric signs maintained by such person at the time of filing the verified statement hereinafter required. Before receiving a license for such business, the applicant therefor shall file with the city clerk a verified statement made and sworn to by or on behalf of such applicant, showing in detail the number of electric signs maintained by the applicant at the date of such application and the location and front surface of each such sign.

At the expiration of each quarter, after the first quarter, the applicant for a license for such business shall file with the city clerk a verified statement, made and sworn to by or on behalf of such applicant, showing in detail the number of electric signs maintained by the applicant at the time of filing such statement and the location and front surface area of each such sign.

(Ord. No. 337, §24.)

For every person conducting, managing or carrying on or engaged in the business of selling at auction goods, wares or merchandise, fifty dollars per annum, payable annually; provided, that a license may issue for one or more days at the rate of five dollars per day, payable in advance, for every person conducting, managing or carrying on such business for a period of less than one year and such business is not operated as a permanent business.

(Ord. No. 337, §25.)

For every person conducting, managing or carrying on the business of automobile storage or parking in or upon any lot or parcel of land, but maintaining no building or other structure upon such lot or parcel of land in which are kept or stored any such automobiles, the license shall be twenty-five dollars per year; provided, that the fee shall be ten dollars per quarter, payable quarterly; and provided further, that a license may issue for one or more days at the rate of three dollars per day, payable in advance, for every person conducting, managing or carrying on such business for a period less than three months, and such business is not operated as a permanent business.

(Ord. No. 337, §26.)

For every person engaged in the occupation of driving automobiles for hire, other than the owner of such vehicles, two dollars per year.

(Ord. No. 337, §35.)

For every person engaged in or carrying on the business of the construction and repair of awnings, eight dollars per quarter.

(Ord. No. 337, §96.)

For every person conducting, managing or carrying on the business of signing or issuing bail bonds, fifty dollars per quarter.

(Ord. No. 337, §32.)

Every person owning, operating or conducting any of the following businesses, bakery, dairy, laundry or dry cleaning, without the city, and who directly or indirectly, individually or by agent, representative, or otherwise, carries on or engages in any of the aforesaid businesses, or solicits orders for the sale of bakery products or dairy products in the city, or delivers bakery products or dairy products in the city, which products are produced or to be produced in such bakery or dairy, and any person who solicits laundry or dry cleaning work, or delivers laundry or dry cleaning work in the city to be done in such laundry or dry cleaning establishment, shall pay to the city the following license fee: The sum of fifteen dollars per quarter, for each such bakery, dairy, laundry, or dry cleaning establishment.

It shall be unlawful for any person to sell, take orders for, deliver or carry on or engage in the business of handling bakery or dairy products, or laundry or dry cleaning work in the city, unless such bakery or dairy products are baked, produced, processed, treated, bottled or frozen in a bakery or dairy which shall have been duly licensed as provided by this chapter or the laundry or dry cleaning work shall be done in a laundry or dry cleaning establishment which shall have been duly licensed as provided by this chapter.

Unless otherwise provided in this chapter, every bakery, dairy, laundry and every dry cleaning establishment doing business within the city shall be construed as coming within the provisions of this section.

The words "bakery products" when used in this section shall mean and include all bread, rolls, pies, pastries, cakes, doughnuts, cookies, coffee cakes and all other pastry, bread and foodstuffs baked, fried or cooked in a bakery.

The word "bakery" shall mean and include each separate and distinct location or place where bakery products are manufactured, cooked, fried or baked.

The words "dairy products" wherever used in this section shall mean and include milk, cream, sour milk, buttermilk, chocolate milk, butter, ice cream, sherbet, ice cream bars, ice cream cones and any and all other liquid or foodstuffs manufactured, prepared, bottled, processed or frozen by dairies.

The word "dairy" shall mean and include each separate and distinct location or place where dairy products are manufactured, prepared, bottled, processed or frozen.

The words "laundry work" wherever used in this section shall mean and include the washing and ironing of clothes, linens, bedding, cloth materials or fabrics, or the furnishing of linen or cloth materials, including table or bed linens, towels, smocks or aprons.

The word "laundry" shall mean and include each separate and distinct location or place where laundry work is done.

The words "dry cleaning work" wherever used in this section shall mean and include the dry cleaning or pressing of clothes, cloth materials or fabrics, the blocking of hats, or the dyeing of clothes or cloth materials.

The words "dry cleaning establishment" shall mean and include each separate and distinct location or place where the work of dry cleaning is done.

(Ord. No. 337, §§ 88 to 90, 92.)

For every person conducting, managing or carrying on the business of a barbershop, five dollars per quarter, for every barbershop of one chair, and for every barbershop containing more than one chair, five dollars per quarter, for the first chair and two dollars per quarter, for each additional chair; provided, that if one or more manicurists be employed in connection with any barbershop, there shall be paid an additional license fee of three dollars per quarter, for one manicurist and one dollar per quarter for each additional manicurist employed.

(Ord. No. 337, § 28.)

For every person conducting, managing or carrying on the business of giving steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sunbaths, mineral baths, Russian, Swedish or Turkish baths, or any public bath place which maintains in connection therewith a steam room, plunge baths, shower bath or sleeping accommodations, fifteen dollars per quarter.

Nothing contained in this section shall apply to physical culture institutions, natatoriums or public baths maintaining a swimming tank of more than five hundred square feet in area, licensed under other sections of this chapter.

(Ord. No. 337, § 27.)

For every person conducting, managing or carrying on any public billiard or poolroom, thirty dollars per annum, payable in advance, and in addition thereto, the sum of three dollars per month, for one table, payable monthly in advance.

(Ord. No. 337, § 29; Ord. No. 86-02, § 1.)

For every person conducting, managing or carrying on a public bowling alley, ten dollars per quarter, for one alley, and two dollars per quarter, for each additional alley.

(Ord. No. 337, § 33.)

For every person conducting, managing or carrying on a boxing or wrestling exhibition, twenty-five dollars per month.

(Ord. No. 337, § 34.)

For every person conducting, managing or carrying on the business of a stock and bond broker, insurance agent or broker, or real estate agent or broker, twelve dollars per quarter.

For the purpose of this section, the term "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 incorporated companies, or evidences of indebtedness of private persons or of incorporated companies for a fee or commission.

For the purpose of this section, the terms "insurance agent or broker" and "real estate agent or broker" shall be as defined by the law of the state.

(Ord. No. 337, §41.)

For every person conducting, managing or carrying on the business of selling bonds, real estate or any interest in real estate, who solicits business upon any of the public streets of the city or who solicits business from house to house within the city, or who provides, in conducting such business, free excursions for the transportation of persons to any place within or without the city to exhibit real estate, or who, in the conduct of such business, solicits persons to be transported or carried by means of any vehicle or free transportation to view or inspect any land or premises, which land or premises, or any interest therein, is offered for sale or lease by any such person, twenty dollars per month.

(Ord. No. 337, §42.)

For every person conducting, managing or carrying on the business of buying, selling or otherwise dealing in federal, state, county or municipal stocks or bonds, or stocks or bonds of incorporated companies or evidences of indebtedness of private persons or of incorporated companies other than as a stock and bond broker as defined in section 16.52 of this Code, twelve dollars per quarter.

(Ord. No. 337, §43.)

For every person conducting, managing or carrying on the business of business counselor or credit reporting, eight dollars per quarter.

(Ord. No. 337, § 106.)

not otherwise licensed. For each business, show, exhibition or game conducted, operated or carried on in the city, the license of which is not otherwise fixed by the provisions of this chapter, the license fee shall be eight dollars per quarter, payable quarterly.

(Ord. No. 337, § 99.)

Fees. For every person conducting, managing or carrying on the business of operating or maintaining tables, other than ping pong or tennis tables, machines or devices offered for use, used or operated, or played as a game, or as a test of skill, strength, physical endurance or capacity or for amusement, for the operating of which a charge is made, or a set is rented, or which is conducted for profit, five hundred dollars per annum, payable in advance, and one hundred dollars per month, for three tables, machines, devices or games and fifty dollars per month, for each additional table, machine, device or game, payable monthly in advance.

Permit to conduct card games. It shall be unlawful for any person to engage in the business of maintaining or conducting lawful games played with cards, either by maintaining or conducting such business alone or in connection with another business, unless such person shall first have obtained from the city a permit and a license to do so as provided by this section.

Application for permit. Any person desiring to engage in the business of maintaining or conducting any game played with cards and not prohibited by any law of the state or by ordinance of the city may file application with the city clerk for a permit. Such application shall contain the following statements:

1. The name and address of the applicant, and in the event that the applicant is a corporation or association, the names of the members thereof; and in the event that the applicant is a corporation, the principal place of business of the corporation, and the name and address of the managing agent thereof;

2. The description of the premises wherein it is proposed to conduct business, whether applicant is owner, lessee or otherwise;

3. Whether the applicant is a citizen of the United States and a resident of the city;

4. If the applicant is an incorporated club, a showing that such club has paid its license fee to and is in good standing with the state.

The application shall be verified by the applicant; provided, that when the applicant is an association or corporation, then by the managing agent thereof.

Fee to accompany application. The application shall be accompanied by a deposit of money equal to the license fee provided by this section.

Issuance, renewal, etc., of permit; temporary suspension by license. The application for a permit shall be presented to the city council and, if granted, the city clerk shall issue a license to the applicant named therein for the period of one month. The applicant shall on the first day of each and every month thereafter during the time he conducts the business, present his license together with the proper amount of license fee to the city clerk for renewal. The city clerk shall have the power, and it shall be his duty, to renew such license from time to time until same is revoked. Failure to pay the license fee, as provided herein, within ten days after the same shall have become due, shall automatically act as a revocation of the right to conduct the business, and it shall be a violation of this code to conduct further such business without first having procured permission from the city council by application as in the first instance.

A licensee by giving written notice to the chief of police and the city clerk of his intention not to operate his licensed card game for a temporary period may place such license in suspension for a period not to exceed three continuous calendar months in any calendar year and during any or all of such three months period licensee shall not be required to pay the normal monthly license fee of one hundred dollars. The license fee shall not be prorated for any month and in the event card game operations are conducted for any portion of a month the full license fee of one hundred dollars for such month shall be due and payable. In order to resume operations the license shall give written notice to the chief of police and to the city clerk of his intention to do so and the license fees of one hundred dollars per month shall be due and payable in the normal manner but payment of the annual five hundred dollar fee shall not be required upon resumption of operation.

Conduct of business; hours of operation. The business for which the license is granted shall be maintained and conducted in a lawful, peaceful and orderly manner, and no person under the age of twenty-one years shall be permitted to engage in any game maintained or conducted by the business, nor shall any such person be permitted to be a by-stander at such games, nor to remain on the premises where the same is conducted, nor shall such business be conducted between the hours of 2:00 A.M. and 6:00 A.M. of each day, except that those premises not serving alcoholic beverages may remain open twenty-four hours a day.

Revocation of license. The license herein provided may be revoked by the city council for misrepresentation in the application, for violation of laws or ordinances governing gambling, for loud, boisterous or disorderly conduct, for a breach of the peace, for allowing or permitting a breach of the peace in or about the premises in which the business is conducted, for failure to observe or comply with any lawful requirement respecting public health or sanitation, housing, zoning or other requirements imposed by general law or by city ordinance or for permitting minors to loiter about or engage in the games conducted in the maintenance of the business.

License not transferrable; fees not in lieu of other fees. No license issued under this section shall be transferrable and no license fees paid hereunder shall be in lieu of any license fees paid for or on account of any other business.

Receipts. When any license is issued pursuant to the terms of this section, the city clerk shall issue a receipt for each separate table, machine, device or game. Such receipt shall be attached to such table, machine, device or game and preserved thereon during the full calendar month for which the receipt was issued.

Seizure of unlicensed tables. Upon the failure of any person operating a business regulated by this section to secure a license and pay the license tax therefor at the time and in the manner herein specified, each such table, machine or device for which a license has not been procured shall be seized and held by the chief of police until such license tax on each such machine, table or device is paid and a license duly issued therefor, and upon such license being procured for each such machine, table or device, the chief of police shall thereupon release such table, machine or device.

Limitation on location of cardrooms. No cardroom shall be licensed, maintained or permitted within five hundred feet of any public or private school, church, synagogue or other place of worship.

Wagering limits. No cardroom owner, operator or employee shall permit any of the following:

1. Cardrooms shall establish wagering limits in accordance with such limitations as may be set from time to time by the state of California and the city of Brawley. The city of Brawley may set wagering limits by resolution adopted by the city council. Wagering limits shall be clearly posted to give the patrons adequate notice of the rules related to wagering;

2. Simultaneous hands or betting squares by the same player;

3. Bets made by any owner, operator, employee while on duty;

4. Bets made by a shill or dummy player.

Number of card tables permitted. A maximum of three card tables, with a maximum of eight players and one dealer per table, shall be allowed to operate in each cardroom of the city of Brawley.

Number of cardrooms permitted. A maximum of two cardrooms shall be allowed to operate in the city of Brawley.

Security measures. All cardrooms shall take the following security measures:

1. The business records, papers, reports, audits and books of account shall be made available for inspection and copying to the director of finance upon reasonable notice by the chief of police.

2. Any owner, operator or employee of the cardroom shall have an affirmative duty to immediately report all crimes occurring on the premises to the Brawley police department.

3. Each licensee shall present on an annual basis a plan for security and safety of patrons of the licensee in and around the gaming establishment. The plan shall set forth such provisions as necessary to ensure the safety and security of patrons, including measures taken or instituted by the establishment to avoid follow home robberies. Licensees shall be liable for the safety and security of patrons to the fullest extent under the law. Any effort on the part of the licensee to limit such liability shall be clearly posted in such a manner as to give adequate notice to patrons. The plan shall be given on an annual basis at the same time as the licensee's renewal application and shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the establishment for the preceding year.

(Ord. No. 337, § 53; Ord. No. 343, § 1; Ord. No. 364, § 1; Ord. No. 600, § 1; Ord. No. 98-01, §§ 1, 2; Ord. No. 99-02, § 1.)

For every person conducting, managing or carrying on the business of a check room for the checking or storage of parcels or other personal property and receiving a fee or compensation, five dollars per quarter.

(Ord. No. 337, § 36.)

For every person conducting, managing or carrying on a circus or other similar exhibition having a seating capacity of less than one thousand persons, one hundred dollars per day; and having a seating capacity of more than one thousand persons, one hundred fifty dollars per day, payable in advance.

For every person conducting or managing a circus procession or parade, and not having a license for conducting, managing or carrying on a circus within the limits of the city, fifty dollars for each such procession or parade.

(Ord. No. 337, § 37.)

For every person conducting, managing or carrying on the business of compiling and publishing city, business or classified directories and publishing not to exceed five hundred of such directories per year, fifteen dollars per year; if publishing to exceed five hundred of such directories per year, twenty dollars per year.

(Ord. No. 337, § 45.)

For every person conducting, managing or carrying on the business of cleaning buildings, rooms or furnishings by compressed air or vacuum cleaner, by means of any machine drawn, hauled, carried or propelled by hand power, eight dollars per quarter.

(Ord. No. 337, § 44.)

For every person conducting, managing or carrying on the business of a cold storage or refrigerating plant for the purpose of storing fruits, vegetables, meat, fish, eggs or dairy products, twenty-five dollars per quarter.

(Ord. No. 337, § 40.)

For every person conducting, managing or carrying on the business of collection agency, eight dollars per quarter.

(Ord. No. 337, § 107.)

Every person conducting or operating a public dance or a dancing academy where dancing instruction is given or received, shall pay a license fee of ten dollars for each calendar month, payable monthly in advance.

In addition to the license fee provided for in the preceding paragraph, every person conducting a special dance and every person conducting a public dance upon or in public dance premises which constitute a trouble area as defined by this section shall have in attendance at such dance a person approved by the chief of police to assure the maintenance and protection of the public peace and safety and shall also maintain upon such premises a telephone in working condition at all times when public dancing is being conducted upon such premises.

Such person shall be paid the sum of sixteen dollars for each dance by the person conducting the dance. In addition the person operating such dance shall file with the city clerk a certificate of insurance certifying that such attendants are fully protected by Workmen's Compensation Insurance.

As used in this section, the following terms and phrases shall have the respective meanings as follows:

Private dance or private dancing. Dancing by two or more persons, with or without music, in or upon premises, into or onto which admission or entry is restricted to members of a club, association, society or similar organization and guests of such members, whether or not a consideration is paid directly or indirectly for admission to such dance.

Public dance or public dancing. Dancing by two or more persons, with or without music, in or upon premises into or onto which admission or entry can be gained by the general public with or without the payment of a consideration.

Public dance premises. Premises in or upon which public dances are conducted or carried on or permitted as an adjunct to or incident to other business regularly and customarily conducted upon such premises.

Special dance or special dancing. Public dance or public dancing upon or in premises in which dancing is not conducted or permitted as an adjunct to or incident to the business regularly and customarily conducted upon such premises and upon or in which a public dance or public dancing occurs only at irregular intervals.

Trouble area. Public dance premises in or upon which there have occurred within the immediately preceding calendar year seven or more incidents which involve the arrest of a person, a call to the police department to investigate a disturbance, thereat, and public disturbances witnessed by police officers. Such incidents shall be considered herein regardless of whether any arrests were made or whether formal charges were made or whether any person was convicted of public offenses in connection with such incidents.

(Ord. No. 337, § 102; Ord. No. 494, § 2; Ord. No. 521, § 2; Ord. No. 528, § 3; Ord. No. 598, § 1; Ord. No. 86-02, § 2.)

There is hereby imposed upon the operator of any business establishment which constitutes a trouble area, as such term is hereinafter defined, a tax of twenty-five dollars for each day, or part of day, during which music is performed or played by live persons on the premises irrespective of whether dancing takes place or is permitted or disallowed.

(Ord. No. 596, § 1.)

Trouble area as such term is used herein shall mean premises in or upon which there have occurred within the immediately preceding calendar year seven or more incidents which involve the arrest of a person, or a call to the police department to investigate a disturbance thereat and public disturbances witnessed by police officers. Trouble area as such term is used herein shall also mean premises which are within one hundred feet of premises constituting a trouble area as defined above. Such distance shall be determined by measurement between the nearest public entrances of the respective premises. Such incidents shall be considered and included for the purpose of determining a trouble area whether any arrests were made or whether formal charges were made or whether any person was convicted of a public offense in connection with such incidents.

(Ord. No. 596, § 1.)

An operator of premises shall be exempt from the tax imposed by this section on any occasion during which the operator is conducting a public dance and has complied with sections 16.24 and 16.64 of this Code.

(Ord. No. 596, § 1.)

For every person conducting, managing or carrying on the business of drilling water, oil or test wells by means of a portable drilling rig, or cleaning out wells or pulling casings or rods therefrom, eight dollars per quarter.

(Ord. No. 337, § 46.)

For every person conducting, managing or carrying on a ferris wheel, scenic railway, merry-go-round, swing or similar device where a fee is charged or collected, for carrying any person thereon, five dollars per day for each such amusement.

(Ord. No. 337, §49.)

For every person conducting, managing or carrying on a fire sale, bankrupt or wreck sale, fifty dollars per month.

For the purpose of this section, a "fire, bankrupt or wreck sale" is defined to be and includes the sale of goods, wares or merchandise salvaged from a fire, wreck or other calamity, or a sale of goods, wares or merchandise advertised as a fire or bankrupt or wreck sale; provided that no license shall be required under the provisions of this section for sale of merchandise salvaged from any fire, wreck or other calamity occurring in the city by a merchant already licensed.

(Ord. No. 337, §51; 428, §1.)

For every person conducting, managing or carrying on the business of dealing in or selling fireworks, eight dollars per quarter.

(Ord. No. 337, §50.)

For every person engaged in or carrying on the business of florist or nursery, eight dollars per quarter.

(Ord. No. 337, §108.)

For every person who carries on, practices or professes to practice the business or art of astrology, palmistry, phrenology, lifereading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystalgazing, hypnotism, mediumship, prophesy, augury, divination, magic or necromancy, and demands or receives a fee for the exercise or exhibition of his art therein, directly or indirectly, either as a gift, donation or otherwise, or who gives an exhibition thereof at any place where an admission fee is charged, seventy-five dollars per month; provided that no person shall be required to pay any fee or take out any license for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination or endorsement as a medium, healer or clairvoyant from any bona fide church or religious association having branches or churches in other states and communities, and which has a creed or set of religious principles that is recognized by all of such churches or branches; provided, further, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of such church or religious association.

An applicant for a license to practice or carry on the business or art regulated by this section shall in a written application therefor set forth the following information:

(a) A description of the place or property, including the name and address of its owner, where such business is to be conducted or art is to be practiced;

(b) The names and addresses of the persons who will be employed to carry on such business or practice such art;

(c) The approval of the chief of police to the carrying on of such business or the practice of such art by the persons therein designated, at the place therein described.

Upon the filing of such application with the city clerk, it shall be presented to the city council, who, upon satisfactory proof of the good moral character and integrity of the applicant and the persons who will be engaged in the operation of such business, or the practice of such art, shall order the granting and issuance of the license applied for.

(Ord. No. 337, §§63, 64.)

For every person conducting, managing or carrying on the business of selling fruits or vegetables from a vehicle, other than as a peddler, and having no fixed place of business in the city, five dollars per day for each such vehicle.

(Ord. No. 337, §52.)

For every manicuring, shampooing or hairdressing parlor, or any establishment where surplus hair, moles, warts or other facial blemishes are removed or eradicated, five dollars per quarter, where one person is employed, and the sum of two dollars per quarter for each additional employee.

(Ord. No. 337, §58.)

For every person conducting, managing or carrying on the business of ice delivery, five dollars per quarter, for one truck, and two dollars per quarter for each additional truck.

(Ord. No. 337, §39.)

For every person conducting, managing or carrying on the business of ice manufacturing, twenty-five dollars per quarter.

(Ord. No. 337, §105.)

For every person conducting, managing or carrying on the business of a junk collector, fifteen dollars per quarter for each vehicle employed in such business.

For the purpose of this section, the term "junk collector" is defined to be any person having no fixed place of business in the city engaged in or carrying on the business of collecting, buying or selling old rags, sacks, bottles, cans, papers, metals or other articles of junk.

(Ord. No. 337, §57.)

For every person conducting, managing or carrying on the business of junk dealer, twelve dollars per quarter.

For the purpose of this section, the term "junk dealer" is defined to be any person having a fixed place of business in the city engaged in or carrying on the business of buying, or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metals or other articles of junk.

(Ord. No. 337, §56.)

Every person conducting a labor camp shall pay a license fee of two dollars per quarter for each fifty men or less such labor camp has the capacity to house.

For the purpose of this section, a labor camp is defined to be a building or structure used for housing male agricultural or industrial workers, which may or may not include boarding such workers.

(Ord. No. 501, § 2.)

For every person conducting, managing or carrying on the business consisting mainly of manufacturing or selling at wholesale any goods, wares or merchandise not otherwise specifically licensed by other sections of this chapter, eight dollars per quarter.

(Ord. No. 337, §97.)

For every person conducting, managing or carrying on a massage parlor where facial massage, fomentations, massage, electric or magnetic treatment or alcohol rubs are administered or given, where an operator or attendant is employed, five dollars per quarter; where more than one operator or attendant is employed, two dollars per quarter for each additional operator or attendant; provided, that the provisions of this section shall not be deemed or construed to apply to the holder of any license to conduct a bathhouse, barbershop or natatorium, licensed under other sections of this article.

(Ord. No. 337, §59.)

For every person engaged in the business or occupation of a masseur or masseuse, five dollars per quarter.

(Ord. No. 337, §60.)

For every person conducting, managing or carrying on the business of making or remaking for sale or the renovating or cleaning of feather pillows, feather beds, down pillows, quilts, quilted bed mattresses, mattress bed bunks or cushions, five dollars per quarter.

(Ord. No. 337, §48.)

For every person conducting, managing or carrying on the business of operating or maintaining any machine, contrivance, appliance or mechanical device which is operated or played by placing or depositing therein any coins, checks, slugs or balls, not specifically licensed by other sections of this chapter, ten dollars per month for each machine.

(Ord. No. 337, § 112.)

For every person conducting, managing or carrying on the business of furnishing messengers or messenger service, five dollars per quarter.

(Ord. No. 337, § 61.)

There is hereby imposed upon every individual or firm whose business is limited exclusively to renting, leasing or operating coin-operated vending machines, a license fee or tax at the rate of one percent of the gross receipts directly attributable to the business activities conducted within the city. Such tax shall be assessed quarterly and shall be at the rate of one percent of the gross receipts during each respective quarter. A written return showing the gross receipts from such coin-operated vending machines and the tax due thereon shall be filed and the tax shown to be due paid to the city within thirty days after the close of each calendar quarter. Such return shall be verified by the oath of the owner or manager of such business. The city may demand an audit of any such licensee and require him to submit a copy of the state sales and use tax returns filed relative to such coin-operated vending machines, and a copy of any other tax statement filed with any governmental entity by him or by any other individual or firm, owning, renting or leasing, or operating such machines disclosing the gross receipts received therefrom.

(Ord. No. 713, § 1: Ord. No. 337, § 54; Ord. No. 429, § 1; Ord. No. 586, § 1.)

For every person engaged in or carrying on the business of a storage warehouse, or packing house or shed, either public or private, for the purpose of sale, storage, grading or processing fruits, nuts, beans, vegetables and other commodities for human or animal consumption, twenty-five dollars per quarter.

(Ord. No. 337, § 109.)

For every person conducting, managing or carrying on the business of a pawnbroker, fifty dollars per quarter.

For the purpose of this section, the term "pawnbroker" shall be construed to mean and include every person conducting, managing or carrying on the business of loaning money either for himself, or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such articles to the vendor or other assignees at prices previously agreed upon.

Nothing contained in this section shall be deemed or construed to apply to the loaning of money on personal property or personal security by any bank authorized so to do under the laws of the state.

(Ord. No. 337, § 62.)

The term "cattle call events" means any event held at Cattle Call Park or on North Plaza Street, South Plaza Street, Main Street, or any of them, wherein one or more of those streets are closed to vehicle traffic by the City of Brawley during the month of November of any year, and shall include, but are not limited to, the Brawley Cattle Call Rodeo; the Brawley Cattle Call Parade; the Chili Cook Off; and Mariachi Night.

The term "cattle call vendor" means a person who sells food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, trailer, showcase, rack, or other non-motorized conveyance or from one's person, at any Cattle Call Event.

The term "cattle call vendor" also includes any person who does not operate from a "fixed place of business," (as that term is defined below), who sells food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, trailer, showcase, rack, or other non-motorized conveyance or from one's person, upon a public sidewalk, pedestrian path, parking lot, or other open space within the City of Brawley, whether public or private, during the month of November of any year who has not already been licensed and operating as a sidewalk vendor in the City of Brawley for at least one quarter immediately prior to the month of November of the year in question.

The term "sidewalk vendor" means a person who is not a cattle call vendor and does not operate from a "fixed place of business," (as that term is defined below), who sells food or merchandise at retail from a pushcart, stand, display, pedal-driven cart, wagon, trailer, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, parking lot, or other open space within the City of Brawley, whether public or private.

The term "sidewalk vendor" shall include sidewalk vendors who move from place to place and stop only to complete a transaction and sidewalk vendors who operate from a fixed location, (other than a "fixed place of business" as that term is defined below).

The term "sidewalk vendor" shall not include a person who desires to sell food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, at any cattle call event.

The term "sidewalk vendor" shall not include a person who desires to sell food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person upon a public sidewalk, pedestrian path, parking lot, or other open space, whether public or private, during the month of November of any year who has not already been licensed and operating as a sidewalk vendor in the City of Brawley for one quarter immediately prior to the month of November of the year in question.

The term "sidewalk vendor" shall not include a person who desires to operate a stall, booth, table or stand at a farmers' market, craft show, street fair, car show, sports tournament (excluding cattle call events), or art walk, conducted within the City of Brawley, on City of Brawley property and properly permitted by the City of Brawley that offers for sale food, beverages, produce, crafts, art, goods, or services.

The term "regularly established place of business" as used in this article shall mean any building, room, stand or enclosure which is permanently affixed to the ground wherein food, beverages, goods, wares or merchandise, as in this section enumerated or contemplated, have been kept, displayed and offered for sale to the public distinct and separate from any other place of business or residence, and regularly kept open with some person in exclusive attendance thereat, for at least forty-eight hours of each and every week, during a period of six consecutive months.

(Ord. No. 2019-02, § 3, 5-21-2019)

For every cattle call vendor the fee shall be thirty-five dollars per day.

For every sidewalk vendor the fee shall be thirty-five dollars per quarter.

All persons who desire to operate a stall, booth, table or stand at a farmers' market, craft show, street fair, car show, sports tournament (excluding cattle call events), or art walk, conducted within the City of Brawley on City of Brawley property and properly permitted by the City of Brawley that offer for sale food, beverages, produce, crafts, art, goods, or services shall comply with section 16.116 of this article.

(Ord. No. 2019-02, § 3, 5-21-2019)

Obtaining a cattle call vendor's business license pursuant to section 16.86.2.1 shall not entitle a person to operate at a cattle call event without first complying with all other requirements imposed by the City of Brawley, the Brawley Cattle Call Rodeo Committee and/or the Brawley Chamber of Commerce on persons that wish to operate at cattle call events. The City of Brawley, the Brawley Cattle Call Rodeo Committee and/or the Brawley Chamber of Commerce are hereby authorized to impose restrictions on the number of cattle call vendors that shall be authorized to operate at cattle call events and are further authorized to impose restrictions on the type of food, beverages, and other merchandise that may be offered for sale at cattle call events. The City of Brawley, the Brawley Cattle Call Committee and/or the Brawley Chamber of Commerce may likewise impose restrictions as to which cattle call vendors may offer particular types of food, beverages or merchandise at cattle call events.

Persons who have been properly licensed and operating as sidewalk vendors for at least one quarter prior to the month of November of the year in question shall not be required to obtain a cattle call vendor's business license to operate in the city other than at cattle call events during the month of November of that year. However, a licensed sidewalk vendor that desires to operate at a cattle call event must obtain a cattle call vendor's business license pursuant to section 16.86.2.1.

(Ord. No. 2019-02, § 3, 5-21-2019)

Editor's note— Ord. No. 2019-02, § 4, adopted May 21, 2019, repealed §§ 16.87—16.90, which pertained to Peddlers of medicine and derived from Ord. No. 337, § 67.

Editor's note— Ord. No. 2019-02, § 4, adopted May 21, 2019, repealed §§ 16.88, which pertained to Peddlers of flowers, plants, etc. and derived from Ord. No. 337, § 66.

Editor's note— Ord. No. 2019-02, § 4, adopted May 21, 2019, repealed §§ 16.89, which pertained to Peddlers operating on foot, etc. and derived from Ord. No. 337, § 70.

Editor's note— Ord. No. 2019-02, § 4, adopted May 21, 2019, repealed §§ 16.90, which pertained to Peddlers on foot not otherwise licensed and derived from Ord. No. 337, § 72.

For every person engaged in or carrying on the business of a peddler of notions, toys, goods, wares or merchandise other than medicines, who calls attention to his wares or advertises the same by the use of music, entertainment, speech, fancy or grotesque dress, or other device, upon any public street, alley or other public place, doorway of any room or building, unenclosed or vacant lot or parcel of land, whether the actual sale of such commodity is made upon such premises or elsewhere, five dollars per day.

(Ord. No. 337, §68.)

For every person engaged in or carrying on the business of a peddler of merchandise, other than as described in the preceding section, operating by means of any wagon or other vehicle, ten dollars per day.

(Ord. No. 337, § 69.)

For every person engaged in or carrying on the business of a peddler of any article not otherwise provided for in this chapter, operating by means of any wagon or other vehicle, ten dollars per day.

(Ord. No. 337, § 71.)

Every person conducting, managing or carrying on the business of a penny arcade shall pay a license tax of two hundred fifty dollars per year, payable in advance, for fifty machines, and one dollar for each additional machine.

For the purpose of this section an "arcade" is defined to be one general enclosure in which is conducted the business of operating or exhibiting any phonograph, graphophone, marble and pinball games limited to one penny, talking machine, kineoscope, biograph, projectoscope or any other instrument or machine of like character, for the use of which a compensation or fee is charged, and exhibiting, showing or letting the use of any miscroscope, lung tester, muscle tester, galvanic battery, weighing machine or machine of like character, for a money consideration.

(Ord. No. 337, § 110.)

For every person conducting, managing or carrying on the business of grinding or sharpening scissors, knives, cutlery or mechanical tools, when the person conducting such business travels from place to place or from house to house, and operates by means of any wagon or other vehicle, three dollars per month, per vehicle.

(Ord. No. 337, §74.)

For every person conducting, managing or carrying on the business of a shoe repair shop, eight dollars per quarter.

(Ord. No. 337, §98.)

For every person conducting, managing or carrying on the business of shoe shining or shoe polishing stand, two dollars per quarter for each person employed or working therein.

(Ord. No. 337, §77.)

For every person conducting, managing or carrying on a shooting gallery or range, ten dollars per month.

(Ord. No. 337, §75.)

For every person conducting, managing or carrying on the business of painting, manufacturing, erecting or constructing signs, or submitting a bid thereon, eight dollars per quarter.

(Ord. No. 337, §93.)

For every person conducting, managing or carrying on the business of an ice or roller skating rink, enclosure or park, twenty-five dollars per quarter.

(Ord. No. 337, §76.)

For every person soliciting orders for, canvassing for orders for, or distributing advertising matter concerning automobiles, or demonstrating the use of automobiles at a temporary place of business, or from place to place, seventy-five dollars per year.

(Ord. No. 337, §101.)

Fee. For every person acting as a solicitor as defined in this section, fifteen dollars per month, payable quarterly in advance.

Definition. A "solicitor" within the meaning of this section, is defined to be any person who goes from house to house or from place to place in the city selling or taking orders for, or offering to sell or take orders for goods, wares or merchandise, or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery.

Bond. Application for the license provided for in this section shall be accompanied by a bond in the penal sum of five hundred dollars, executed by a surety company, or by two responsible freeholders residing in the city, or in lieu thereof, a cash bond of equal amount, conditioned upon the making of final delivery of the goods, wares or service to be performed in accordance with the terms of such order, or failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any such solicitor shall have a right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, and in case of a cash deposit shall be retained by the city, for a period of ninety days after the expiration of any such license.

Orders to be written in duplicate. All orders taken by licensed solicitors shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser.

(Ord. No. 337, §100.)

8. In connection with this section, see §§ 16.119 to 16.122 and 19.15 of this Code.

For every person conducting, managing or carrying on a candy stand in or upon any doorway of any room or building or vacant lot, for the sale of candy, peanuts, pop corn, chewing gum, ice cream or other confections, eight dollars per quarter.

(Ord. No. 337, §79.)

For every person carrying on the business of a card writer's stand in or upon any doorway or any room or building or any vacant lot, for the writing or printing of cards, invitations or announcements, eight dollars per quarter.

(Ord. No. 337, §80.)

For every person conducting, managing or carrying on the business of any flower stand in or upon any doorway of any room or building or any vacant lot, for the purpose of selling flowers, plants, ferns or nursery stock, eight dollars per quarter.

(Ord. No. 337, §81.)

For every person engaged in or carrying on a newsstand in or upon any doorway of any room or building or any vacant lot, for the sale of foreign or domestic newspapers, periodicals or newspapers, periodicals or magazines, or any other articles or commodities whatsoever, not herein otherwise designated, eight dollars per quarter.

(Ord. No. 337, §82.)

For every person conducting, managing or carrying on the business of freight forwarding or of a storehouse or warehouse for the storage of goods, wares or merchandise, baggage, household furniture, goods or edibles or food intended for human consumption, except cold storage warehouses, twenty dollars per quarter.

(Ord. No. 337, §78.)

For every person conducting, managing or carrying on the business of running, driving or operating any automobile or motor-propelled vehicle for the transportation of passengers for hire, one hundred dollars per annum, payable in advance, plus twenty dollars per quarter for one such vehicle payable quarterly in advance, and ten dollars per quarter, for each additional vehicle used in such business payable quarterly in advance.

(Ord. Nos. 337, §86; 424, §8.)

For every person conducting, managing or carrying on the business of termite and cockroach extermination or control, eight dollars per quarter.

(Ord. No. 337, §104.)

Fee. For any person engaged in the business of "transient merchant" in the city, five dollars per day, payable in advance for thirty days.

Definition. The words "transient merchant" as used in this section shall be deemed to mean and include any person, either principal or agent, employer or employee, who engages in a temporary business in the city by selling or offering for sale goods, wares, merchandise or things or articles of value, for a period of not more than one hundred eighty days, and who for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or stand on any real property, or on or adjoining any street or public place in the city. The person so engaged shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by reason of conducting such temporary business in connection with, or as a part of any local dealer, trader, merchant or auctioneer.

Bond or cash deposit. Every person, before commencing to engage in or set up any business or occupation in the city for the purpose of selling or offering for sale any goods, wares, merchandise or things or articles of value in any room, building, structure or stand on real property, or on or adjoining any street or public place, hired, leased or occupied by him, shall deposit with the city clerk cash in the sum of one thousand dollars or a bond executed by the principal and any reliable surety company in favor of the city in the sum of one thousand dollars and inuring to the benefit of the city. Such bond shall be conditioned that if such business or occupation shall actually be conducted during a continuous period of not less than one hundred eighty days, the bond shall be null and void and shall provide that in the event such business or occupation is not actually conducted during all of such period, then the principal and sureties on such bond shall be liable thereon to the city in the sum of five dollars for every day, or fraction thereof, such business or occupation has been conducted. Such bond shall also provide that it shall not be exonerated or discharged for a period of ten days from and after the expiration of one hundred eighty days from the execution thereof, unless proof be made to the city clerk that all the conditions of the bond have been complied with. Such bond shall be approved by the city clerk and by the city attorney before any person shall be permitted to commence to engage in or set up any business or occupation for the purpose of selling or offering for sale any goods, wares, merchandise, or things or articles of value in the city.

Application of section. The provisions of this section shall not apply to commercial travelers or selling agents selling their goods to dealers for the purpose of resale, whether selling for present or future deliveries by sample or otherwise, nor to persons selling fresh fruit, vegetables, butter, eggs or other farm or ranch products raised or produced by themselves.

(Ord. No. 337, §83.)

9. In connection with this section, see §§ 16.119 to 16.122 and 19.15 of this Code.

For every person conducting, managing or carrying on the business of running, driving or operating any automobile, automobile truck or any other motor-propelled vehicle for the transportation of baggage, express, freight, household goods, merchandise or material for hire, for one such vehicle, six dollars per quarter, and five dollars per quarter, for each additional vehicle.

(Ord. No. 337, §87.)

For every person conducting, managing or carrying on any theater, show or exhibition in any tent or temporary place of business, or any traveling show, or any show exhibition not otherwise in this chapter specifically provided for, fifteen dollars per day, where only one admission is charged; provided, however, that where not exceeding ten different shows are exhibited, separately, and where a separate admission is charged for each, and are all under one management, twenty-five dollars per day, for all of such shows, not exceeding ten, and two dollars and fifty cents per day, for each additional show.

Nothing in this section contained shall be deemed or construed to authorize the holder of any license provided for in this section to conduct, maintain or carry on any other business in connection with such exhibition or show, without first obtaining a license so to do as provided in this chapter, in the event that a license to conduct, maintain or carry on any such business is required under the provisions of this chapter.

(Ord. No. 337, § 47.)

For every person conducting, managing or carrying on the business of an undertaker, embalmer or funeral director, twelve dollars per quarter.

(Ord. No. 337, § 84.)

Fee. For every person that operates a stall, booth, table or stand at a farmers' market, craft show, street fair, car show, sports tournament (excluding Cattle Call events), or art walk, conducted within the city of Brawley on city of Brawley property and properly permitted by the city of Brawley that offers for sale food, beverages, produce, crafts, art, goods, or services shall pay a business license fee in the amount of thirty-five dollars per year.

Definitions.

"Art walk" means an event sanctioned and permitted by the city of Brawley whereby patrons are invited to walk from place to place within the city of Brawley for the purpose of patronizing permanent businesses as well as temporary stands or booths erected throughout the city on city property.

"Farmers' markets, craft shows, or street fairs" means an event or series of events sanctioned by the city of Brawley wherein portions of a street or streets are closed to vehicular traffic for the purpose of permitting vendors to erect temporary stalls, booths, tables or stands for the purpose of offering goods and/or services for sale to the public. Farmers' markets and street fairs shall include but are not limited to certified farmers markets that are operated in accordance with regulations established in the California Code of Regulations, title 3, section 1392 et seq. on direct marketing.

Exemptions. Persons who operate a stall, booth, table or stand at a farmers' market, craft show, street fair, car show, sports tournament (excluding Cattle Call events), or art walk conducted within the city of Brawley for a purpose other than engaging in commerce, such as distributing information about political issues, service organizations or community services, are exempt from the foregoing license requirement.

Restrictions. The permit available under this section will not be valid for persons who desire to operate a stall, booth, table or stand at any event that is scheduled to last for more than two days.

The permit available under this section will not be valid for persons who desire to operate a stall, booth, table or stand at any event held during the Cattle Call week. A stall, booth, table or stand operated at any event held during the Cattle Call week shall be licensed pursuant to section 16.86.

Validity. A permit purchased under this section shall be valid for any event covered under this section and shall be valid for the duration of the city of Brawley's fiscal year (July—June).

(Ord. No. 2015-03, §§ 1—7, 4-7-2015)

Editor's note— Ord. No. 2015-03, §§ 1—7, adopted Apr. 7, 2015, established a business license fee for vendors at city sanctioned events, but did not specifically amend the Code. Inasmuch as said ordinance pertains to licenses, it has been codified as herein set out in § 16.116 at the editor's discretion.

For every person conducting, managing or carrying on the business of operating or maintaining automatic scales, weighting devices or penny-in-the-slot weighing machines, five dollars per year, payable annually, for each such device.

The city clerk shall issue a separate receipt for each such automatic scale, weighing device or penny-in-the-slot weighing machine, which shall be attached to and maintained thereon for the full term of the year for which the receipt is issued.

Upon the failure of any person operating a business regulated by this section to secure a license and pay the license tax therefor at the time and in the manner herein specified, each such automatic scale, weighing device and penny-in-the-slot weighing machine for which a license has not been procured shall be seized and held by the chief of police until such license tax on each such automatic scale, weighing device and penny-in-the-slot machine is paid and a license duly issued therefor. Upon such license being procured for each such device, the chief of police shall thereupon release such device.

(Ord. No. 337, §85.)

Irrespective of anything to the contrary contained in section 16.46 of this Code, the license fee payable hereunder by wholesale businesses located outside the city making regular deliveries to retail merchants in the city for resale by such retail merchant on his premises shall be fifty dollars per year, payable in advance.

(Ord. No. 337, §91.)