Culver City Municipal Code Ch. 11.01 General Licensing

Section

General Provisions

Business Tax Regulations

Certificates of Compliance; Permit Requirements

Administrative Fines

GENERAL PROVISIONS

For the purposes of this Chapter, the following definitions apply:

ADVERTISING, PUBLIC RELATIONS AND MARKETING. All places of business the principal function of which is the advertising of any service, event, commodities, materials, goods, wares or merchandise by means of billboards, illuminated signs, banners, posters, or statuary, and carrying on any advertising business by any process or method similar, kindred or related to those enumerated in this Chapter.

AMUSEMENT MACHINES. Any person engaged in the business of maintaining any amusement machine, such as music box, jukebox, motion picture or photograph machine, kiddie rides, shooting gallery, pinball games, video games, batting cages, air hockey, shuffleboard, electronic games, etc., or any other device furnishing entertainment for the amusement of the public, maintained for entertainment and amusement purposes only and not contrary to any State or City regulation, and requiring for its operation the insertion of any coin, plate, disk, token key, or the payment of any fee therefor, for which a license fee is not specifically required under any other section of this Code, providing that no certificate of compliance shall be required for any adult use regulated pursuant to Chapter 11.13.

ARTS, CRAFTS. The service rendered individually for compensation by artisans, artists, and teachers of the arts and sciences.

AUCTIONEERS. Any person not having a fixed place of business in the City engaged in selling at auction any real estate, goods, wares, materials, or merchandise, or any similar, kindred or related thing, for which a license fee is not specifically required under this Code, providing that no additional fee shall be required of any person otherwise licensed to do business in the City personally carrying on an auction sale in the regular course of his business.

AUTOMOBILE REPAIR. All places of business the principal function of which is the operation of any shop or place wherein is offered to the public for compensation, work or service for the repair, construction, building or assembling of any motor, motor vehicle or any part thereof, or the sale or offering for sale of motor vehicle accessories, or the storing, washing, lubricating or rendering of any other work or service to any motor vehicle, commonly and ordinarily carried on in a public garage.

BARS. All places of where alcoholic beverages are sold or served to the public for consumption on the premises, excluding business licensed by the Department of Alcoholic Beverage Control as a bona fide public eating place, as the same is defined in Cal. Bus. & Prof. Code §§ 23038 and 23038.1.

BILLBOARD ADVERTISING. All places of business the principal function of which is the advertising of any service, event, commodities, materials, goods, wares or merchandise by means of billboards, illuminated signs, banners, posters, or statuary, and carrying on any advertising business by any process or method similar, kindred or related to those enumerated in this Chapter.

BUSINESS. Professions, crafts, trades, occupations and callings of every kind and nature which are carried on for profit or in which goods, materials, commodities, wares, merchandise or services are sold or offered for sale to the public, regardless of whether a profit is actually realized, but shall not include services rendered by an employee to his or her employer.

CANVASSERS AND SOLICITORS. Any person engaged in the business of calling on residents, with a previously made appointment, or going place to place soliciting business of any kind or character, including selling or taking orders for or offering to sell or take orders for materials, photographs, commodities, goods, wares, demonstrators, or merchandise or other things of value for future delivery or for services to be performed immediately or in the future. Any person, firm or corporation engaged in business operating from or connected with a fixed place of business which is specifically licensed elsewhere in this Chapter shall be entitled to one solicitor without charge.

CITY. City shall refer to the City of Culver City.

COMMERCIAL PROPERTY RENTALS. All building structures of any kind rented or leased to tenants using the premises for other than dwelling purposes.

CONTRACTING. The business carried on as a contractor by any person engaged in building, lathing, acoustical installation, plastering, paving, cement and concrete work, painting, decorating, paperhanging, metal work, heating and ventilating, house and building moving and wrecking, electrical work, plumbing, structural work, well drilling, pest control, awning work, burglar alarm installations, window decorations, and the like.

COST OF OPERATIONS. All expenses incurred in the operation of a business, including, without limitation, the cost of personnel, equipment and supplies, rent, lease, or mortgage payments, utilities, depreciation, and fixed charges.

FIRST RENEWAL PERIOD. The calendar year following that in which a business is commenced in the City. Each calendar year thereafter is a further renewal period. The Tax Collector may assign a renewal period to a business other than a calendar year to achieve the purposes of this Chapter.

GASOLINE SERVICE STATIONS. All places of business the principal function of which is to sell or offer for sale gasoline, or any oil or byproducts of petroleum or other like product, or in which is maintained tire repair and automobile repair service.

GROSS RECEIPTS. Except as otherwise specifically provided, GROSS RECEIPTS shall mean the gross receipts of the twelve (12) months preceding the beginning of the annual tax certificate period, and shall include the total amount of the sales price of all sales and total amount charged or received for the performance of any act or service, of whatever nature it may be, including any rental, lease, lease consideration, exchange of value or values, or considerations for the leasing, renting, bailing or otherwise authorizing, permitting or contracting for the use, possession, enjoyment or right to use, control, possess or enjoy, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in GROSS RECEIPTS shall be all receipts, cash credits and property of any kind or nature, without any deduction therefrom on account of the value of property sold in a non-cash or partly non-cash transaction, the cost of the material used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever. Excluded from GROSS RECEIPTS are the amount of gross receipts used as a measure of business tax paid to another jurisdiction; cash discounts allowed and taken on sales; credit allowed or property sold in a non-cash or partly non-cash transaction; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.

HANDBILL DISTRIBUTORS. Any person engaged in the business for hire or gain of distributing commercial or noncommercial handbills, or promotional material, other than newspapers maintaining a fixed place of business in the City, and which newspapers pay a business tax fee under any other provision of this Code, and any person receiving compensation directly or indirectly for the distribution of such handbill, or promotional material; provided that no business tax shall be charged for the distribution of any noncommercial handbill, the principal purpose of which is to disseminate information relating to any political, economic, religious, philosophical, sociological or related subjects and not connected with any commercial enterprise.

HOTELS, MOTELS, APARTMENTS, ROOMING HOUSES AND AUTO COURTS. All places of business, the principal function of which is to provide guestrooms, shelter, or space at a fixed rental for the accommodation of the public.

INITIAL PERIOD. The period from the commencement of business in Culver City to the sooner of end of the calendar year in which the business is commenced in the City or to the termination of business in Culver City. The Tax Collector may assign another initial period to a business to achieve the purposes of this Chapter.

ITINERANT MOTION PICTURE/ TELEVISION PRODUCERS. Every person not maintaining a fixed place of business in the City engaged in the producing, making, taking, developing, trading or dealing in motion pictures, television, photoplays, sound film, animated cartoons, and the like.

LAUNDRY. All places of business the principal function of which is the laundering of any garment, household linen, fabric, or other material or article commonly and ordinarily accepted for laundry service.

LICENSE. The certificate issued by the Tax Collector after payment of the business tax fee as hereinafter set forth in this Chapter. The term "business tax certificate" is synonymous and interchangeable with the term LICENSE.

MACHINE, WOODWORK AND REPAIR SHOPS. All places of business the principal function of which is to render, offer for sale, or sell to the public for compensation, work or services relating to the construction or repair of any machine or mechanical device, facility or equipment.

MANUFACTURING. All places of business, the principal function of which is the manufacturing, making or developing of any machines, device, article, thing, commodity, goods, wares, merchandise, product, equipment, material or substance for sale, lease, bailment, or any other method of transferring the right to use, exploit or possess by whatever term it may be called or otherwise distribute to the public or to any person, firm or business entity, either at wholesale, retail, or by whatever term it may be called.

MINIMUM ENTERTAINMENT. Any act, presentation or performance offered for the pleasure, amusement or benefit of the customers of the establishment, including but not limited to live performances, whether of a musical nature or otherwise, and motion picture presentations, but not including entertainment provided by the public airways of the television medium: provided that no more than one (1) individual entertainer is engaged in entertaining the customers of the establishment at any time.

MOTION PICTURE STUDIOS. All places of business the principal function of which is producing, making, taking, developing, trading or dealing in motion pictures or photoplays, sound film, or animated cartoons, and the like.

MULTIMEDIA BUSINESS. A business that primarily:

1. Produces films, disks, tapes, software or other recording devices, whether visual or audio, through the integration of two (2) or more media, which media include, without limitation, computer generated graphics and video, film, slides, video tapes, audio tapes and photographs.

2. Provides computer programming services on a contract or fee basis to the producer of films, disks, tapes, software or other recording devices, whether visual or audio, through the integration of two (2) or more media, which media include, without limitation, computer generated graphics and video, film, slides, video tapes, audio tapes and photographs, such services to include computer software design and analysis, modification of custom software, digital imaging and other related programming services; and

3. Develops online and internet services, including the design of WEB sites, for clients.

OIL STORAGE TANK STATIONS. All places of business the principal function of which is maintaining tankage facilities for the storage of petroleum, petroleum products, compound, or any hydrocarbon substance, and shall include wholesale distributors of such petroleum, petroleum products or compound, or hydrocarbon substances.

OIL WELL OPERATIONS. The business of operating any well producing oil, petroleum, gas, or other hydrocarbon substance, or any similar, kindred or related substance, and for the producing or manufacturing for which a license fee is not specifically required under any other Section of this Code.

PER YEAR. As used in § 11.01.245, PER YEAR shall mean "for a one-year period or any part thereof."

PERMIT. Permission granted by the City Manager or their designee as a prerequisite to issuance of a license.

PERSON. All domestic and foreign corporations, firms, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business, or common law trusts, societies, and individuals engaged in any business as defined herein, in the City.

PERSONAL SERVICES. Any personal service rendered by any person offering to the public personal services for compensation, and not specifically covered under any other Section of this Code, and shall include barbers, beauticians, cosmeticians, (manicurists, hairdressers, and the like), bootblacks, checkroom operators, and any person engaged in rendering any service to the person, or personal services similar, kindred or related to any of these enumerated in this Section, and for which a license fee is not specifically required under any other Section of this Code.

PRINTING AND PUBLISHING. Any person engaged in carrying on the business of job printing, or producing or publishing any newspaper, magazine, or other printed publication for public dissemination.

PROFESSIONAL SERVICES. Any professional service, as that term is ordinarily and commonly used and understood, wherein individuals are engaged in the business of offering to the public, professional or semiprofessional services for compensation, and not specifically covered under any other section of this Code, and shall include the services rendered by any person engaged in the practice or profession of law; medicine; surgery; dentistry; optometry; chiropractic; osteopathy; podiatry; veterinary; real estate agent; real estate broker; telephone message service; civil, mechanical, electrical, industrial, or other class of engineer; architect; draftsman; designer; landscape architect; accountant; income tax consultant and other consultants.

RECREATION AND ENTERTAINMENT. This business classification applies to any person or entity engaged in providing recreation, entertainment, or amusement opportunities. Examples of businesses within the recreation and entertainment classification include, but are not limited to, museums, dance halls, night clubs, golf courses, bowling alleys, billiards/pool halls, rides, and rinks: ice skating, roller skating, etc.

REGULAR ENTERTAINMENT. The availability of dancing facilities for use by customers of the establishment, or any act, presentation or performance offered for the pleasure, amusement or benefit of customers of an establishment, including but not limited to live performances, whether of a musical nature or otherwise, and motion picture presentations, but not including entertainment provided by the public airways of the television medium, provided that more than one (1) individual entertainer is engaged in entertaining the customers of the establishment at any time.

RESTAURANT. All places of business licensed by the Department of Alcoholic Beverage Control as a bona fide public eating place, as the same is defined in Cal. Bus. & Prof. Code §§ 23038 and 23038.1.

RETAIL. A business selling goods, wares, or merchandise to ultimate consumers.

SATELLITE MASTER ANTENNA SYSTEM COMPANY. Any person, who for a fee, operates a satellite master antenna system on a subscription basis to the users of the system or provides programming on a subscription basis for a fee to a satellite master antenna system owned or operated by another. SATELLITE MASTER ANTENNA SYSTEM COMPANY does not include either of the following: An individual who owns a satellite antenna exclusively for his or her own use, or a cooperative or association made up exclusively of owners or tenants of a condominium or apartment complex or other multiple family dwelling complex which owns and maintains a satellite antenna exclusively for their own use. Notwithstanding this exception, however, all satellite antennas shall be subject to the provisions of this Code regulating the construction and maintenance of antennas.

SCHOOLS. All places of business the principal function of which is to conduct any nursery or private school as that term is ordinarily and commonly used and understood, other than parochial schools, and shall include any place, school or institution operated for profit wherein facilities and accommodations are offered to the public for compensation in connection with the care, instruction and education of children, or for the teaching of any subject, art, science, practice, trade, vocation, craft or profession.

TAX COLLECTOR. A person authorized by the City Manager to enforce this Chapter and any person, whether or not a City employee, authorized to assist that person in doing so.

TELECOMMUNICATION COMPANY. A telecommunication company is defined as all forms of data processing and computer systems and communications systems and networks for the transmission and receipt of voice, data, images and video communications, including but not limited to, writings, signs, signals, pictures, numbers and sounds of all kinds by aid of wire, cable, radio, television, satellite, microwave, light waves, fiber optics, coaxial cable or other like connection between points of origin and reception of such transmissions, including all instrumentalities, networks, facilities, apparatus, and services, whether mobile or fixed, including the receipt, forwarding, and delivery of communication, incidental to such transmission.

TRUCKING AND TRANSPORTATION. The business carried on by any person engaged in trucking or transporting by vehicle, for hire or compensation, baggage, express, freight, household goods, building or other materials, rubbish, goods, wares or merchandise, and the like.

VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

WHOLESALE. A business of selling goods, wares, or merchandise usually for resale.

('65 Code, §§ 19-10, 19-11, 19- 12, 19-13, 19-14, 19-14.1 and 19- 15) (Ord. No. CS-49 §§ 31.01, 51.01, 71.03, 71.04 and 71.05; Ord. No. CS-572 § 1; Ord. No. CS-655 §§ 1, 2 and 3; Ord. No. CS-700 §§ 1, 2 and 3; Ord. No. CS-714 § 1-2; Ord. No. CS-852 § 1 (part); Ord. No. CS-900 § 1; Ord. No. 83-019, § 1; Ord. No. 84-026 § 1; Ord. No. 83-0010 § 2; Ord. No. 88-009 § 1; Ord. No. 90-018 §§ 1, 2 and 3; Ord. No. 91-004 § 8; Ord. No. 98-006, § 4; Ord. No. 2022-012 § 1 (part))

A. Except as provided in § 11.01.200 (regarding grace period for new businesses) and § 11.01.220 (regarding business license tax due for the initial period) no person acting as principal, agent, clerk, employee, corporate officer, partner, trustee or otherwise, for himself/herself or for any other person, shall commence or operate any business in the City, whether or not at a fixed place of business, without having first:

• 1. Applied for and received a business tax certificate applicable to such business;
• 2. Paid the required application fee;
• 3. Paid the required business license tax;
• 4. Obtained any permit required by the City;
• 5. Paid any permit fee required; and

• 6 Paid any investigation or inspection fee required.

B. The issuance of the business tax certificate for an adult use, as that term is defined in Chapter 11.13, shall be made within fifteen (15) calendar days of the applicant's application being deemed complete.

C. A business tax certificate or permit may be issued to a business operating under a fictitious name that has complied with all applicable requirements under the Business and Professions Code. In all other cases, a business must obtain a business tax certificate, and if required, a permit, in the true name of the applicant or applicants.

('65 Code, § 19-16) (Ord. No. CS-49 § 11.01; Ord. No. 89-016 § 1; Ord. No. 98-006, § 5; Ord. No. 2022-012 § 1 (part))

The amount of any fee or tax imposed by this Chapter shall be deemed a debt to the City, and any person carrying on any business covered in this Chapter without having lawfully procured a tax certificate from the City to do so, shall be liable in an action in the name of the City in any court of competent jurisdiction, for the amount of the required fees or tax.

('65 Code, § 19-17) (Ord. No. CS- 49 § 11.02; Ord. No. 89-016 § 2; Ord. No. 2022-012 § 1 (part))

The Tax Collector of the City may make such rules and regulations as are not inconsistent with the provisions of this Chapter of the Culver City Municipal Code as are necessary or desirable to aid in the enforcement of the provisions of said Chapter. When, by reason of the provisions of the Constitution of the United States or the Constitution of the State of California, the business tax imposed by this Chapter cannot be enforced without there being an apportionment according to the amount of business done within the City, or in the State, as the case may be, the Tax Collector may make such rules and regulations for the apportionment of the taxes as are necessary or desirable to overcome the constitutional objections. Such rules, regulations and apportionment thereunder shall be approved by the City Attorney prior to becoming effective.

('65 Code, § 19-18) (Ord. No. CS-655 § 4; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

A. The Tax Collector shall prepare and issue a business tax certificate to every person, firm or corporation complying with the provisions of this Chapter. The business tax certificate shall state the period of time covered by the business tax certificate, and the name and location of the business.

B. A licensee shall report the loss of any business tax certificate to the Tax Collector. The Tax Collector shall issue a duplicate license and cancel the lost or stolen license upon payment of the prescribed fee.

('65 Code, § 19-19) (Ord. No. CS-49 § 11.04; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

A. Every taxpayer who changes his or her place of business, or who locates a business previously operated without a fixed place of business, shall notify the Tax Collector in writing of the new address of the business. The Tax Collector may refer a notice of changed or new addresses to the appropriate city officers for determination as to whether the proposed business activity and the premises in which it to be conducted comply with applicable law. If it is determined that the business may not be conducted at the proposed location in compliance with applicable law, the Tax Collector shall so inform the taxpayer and no new or renewed tax certificate may be issued.

B. Every taxpayer who transfers all or part of the ownership of his or her business shall notify the Tax Collector in writing of the change in ownership. At the time any such tax certificate is assigned or transferred, the person applying for such transfer shall pay to the City a fee established by resolution for each such transfer or assignment.

C. Notices required under this section must be received by the Tax Collector within thirty (30) days of the change of address or ownership.

('65 Code, § 19-20) (Ord. No. CS-655 § 5; Ord. No. 89-009 § 1; Ord. No. 89-016 § 3; Ord. No. 2007-002 § 12; Ord. No. 2022-012 § 1 (part))

A separate license must be obtained for each branch establishment or location of the business engaged in and for each separate type of business at the same location, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Subchapter shall not be deemed to be separate places of business or branch establishments.

('65 Code, § 19-23) (Ord. No. CS-49 § 11.08; Ord. No. 2022-012 § 1 (part))

Every person who operates an independent concession for a business purpose within another place of business must obtain a license therefor pursuant to the provisions of this Subchapter.

('65 Code, § 19-24) (Ord. No. CS-49 § 11.09; Ord. No. 2022-012 § 1 (part))

A. Every business tax certificate holder maintaining a fixed place of business within the City must post the business tax certificate in a conspicuous place upon the business premises, or if no fixed place of business is maintained, it shall be kept upon the holder's person at all times while engaged in such business, or if the business is conducted by means of a vehicle, it shall be affixed in a manner readily accessible thereto so as to be plainly visible at all times.

B. Business tax certificate holders issued a business tax certificate for the conduct of business from a vehicle shall obtain a vehicle decal which shall be stamped with the expiration date the year of such business tax certificate. Applicants for such vehicular business tax certificates shall file with the Tax Collector a statement showing the vehicle identification number, State vehicle license number and type of each vehicle used in the business covered by such business tax certificate, and such business tax certificate issued pursuant to such application shall be limited to the vehicle designated in such application and shall not be transferable unless with prior approval of the Tax Collector.

('65 Code, § 19-25) (Ord. No. CS-49 § 11.10; Ord. No. 88-009 § 1; Ord. No. 89-016 § 4; Ord. No. 2022-012 § 1 (part))

No person shall operate or cause to be operated a vehicle within the City of Culver City as an integral part of a business without having displayed thereon a current decal as provided by the City Treasurer. For purposes of this Section, vehicles used as an integral part of a business include, but are not limited to, delivery trucks, contractor vehicles, gardener vehicles, and itinerant restaurant vehicles.

('65 Code, § 19-26) (Ord. No. 87-003 § 1; Ord. No. 2022-012 § 1 (part))

No person shall exhibit a delinquent or revoked business license.

('65 Code, § 19-27) (Ord. No. CS-49 § 11.11; Ord. No. 2022-012 § 1 (part))

A. Any person engaged in a business taxed under this chapter shall maintain and preserve, for a period of at least four years, suitable records as may be necessary to determine the amount of the tax due under this Chapter and shall, upon request of the Tax Collector, provide the necessary records to substantiate the tax paid or due for such business. If upon audit of such records, the Tax Collector determines the tax imposed by this chapter has not been paid in full, the Tax Collector shall notify the taxpayer of the balance due, including any accrued penalties. Such amount shall be paid within thirty (30) days after notice is issued by the Tax Collector.

B. If an audit reveals an overpayment, the Tax Collector shall notify the taxpayer of the amount overpaid. Unless the taxpayer requests a refund of the overpayment within thirty (30) days after notice is issued by the Tax Collector, the overpayment shall be applied as a credit against the next annual tax due.

C. If an audit reveals an underpayment of twenty-five dollars ($25.00) or less, the Tax Collector shall take no action to collect the underpayment.

D. Rather than request information and conduct an audit, the Tax Collector may request an applicant to file a corrected application for tax certificate. If such an application is filed and the Tax Collector is satisfied with its accuracy, the existence of any underpayment or overpayment under this section shall be determined with reference to that corrected application.

E. Although this Chapter permits projections of gross receipts and operating costs for the first renewal period, no taxpayer may use such projections following the first renewal period. Any tax remaining due with respect to the first renewal period after that period shall be calculated on the basis of the taxpayer's financial records of its actual financial activity.

(Ord. No. 2022-012 § 1 (part))

In addition to a misdemeanor prosecution, the Tax Collector, with the advice and assistance of the City Attorney, may use all civil remedies to obtain payment of the amount of business license tax due.

('65 Code, § 19-33) (Ord. No. CS-668 § 10; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

None of the business license taxes or investigation or inspection fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case in which a licensee or applicant for license believes a business license tax or such fees, in whole or in part, places an undue burden upon such commerce, they may apply to the Tax Collector for an adjustment of the tax so that such tax, fees, or combination thereof, shall not be discriminatory or an unreasonable burden as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed business license tax. The applicant shall, by affidavit and supporting testimony, show h their method of business and the gross volume or estimated gross volume of business, and such other information as the Tax Collector may deem necessary to determine the extent, if any, of such undue burden on such commerce. The Tax Collector shall then conduct an investigation, and, after having first obtained written approval of the City Attorney, shall fix as the business license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the business license tax has already been paid, shall order a refund of the amount over and above the business license tax so fixed. In fixing the business license tax to be charged, the Tax Collector shall have the power to base the business license tax upon a percentage of gross receipts or any other measure which will ensure that the business license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the business license tax as prescribed by this Chapter. Should the Tax Collector determine the gross receipts measure of business license tax to be the proper basis, the applicant may be required to submit, either at the time of termination of applicant's business in the City, or at the end of each three (3) month period, a sworn statement of the gross receipts and pay the amount of business license tax therefor, provided that no additional license tax during anyone calendar year shall be required after the licensee shall have paid an amount equal to the annual business license tax as prescribed in this Chapter.

('65 Code, § 19-35) (Ord. No. CS-49 § 11.18; Ord. No. CS-572 § 2; Ord. No. 2022-012 § 1 (part))

No business tax certificate issued hereunder shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business, or the furnishing, sale or provisioning of any service, good or product that is illegal under this Code, the laws of the State of California, or the laws of the United States of America. A business tax certificate may be granted for businesses permitted under Chapter 11.17 of this Code, provided the applicant has complied with all other provisions of this Code and state law. Business tax certificates may also be issued to commercial cannabis delivery-only retailers that hold a valid cannabis operating permit from another jurisdiction and a valid cannabis license to operate issued by the state.

('65 Code, § 19-37) (Ord. No. CS-49 § 11.22; Ord. No. 2008-005 § 1; Ord. No. 17-018 § 3; Ord. No. 17-020 § 3; Ord. No. 2018-007 § 3; Ord. No. 2022-012 § 1 (part))

It is the intent and purpose of this Chapter to license, either for revenue or regulation, or both, all businesses, occupations, trades, callings or professions carried on within the City, other than those herein specifically excepted, and if the application for license is made for any business not specifically referred to in this Chapter or not included in any of the provisions hereof fixing license or permit fees, the Tax Collector shall cause the applicant to file an application for permit for its consideration, and if the permit is granted, then the Tax Collector shall fix the license fees to be paid by such applicant.

('65 Code, § 19-40) (Ord. No. CS-49 § 81.03; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

The Tax Collector shall be authorized and empowered to take acknowledgments or verifications on any matter appertaining to this Chapter.

('65 Code, § 19-41) (Ord. No. CS-49 § 81.04; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

A. Definitions. Whenever VIOLATE or VIOLATION is used herein, it shall be deemed to mean:

1. The performance of an act, or permitting, or causing of the performance of an act prohibited or declared to be unlawful or an offense by this Chapter or any ordinance incorporated in or referred to in this Chapter.

2. The failure to do any act required by this Chapter or any ordinance incorporated in or referred to in this Chapter.

B. Violation a misdemeanor. Any violations of this Chapter or any ordinance of the City incorporated in or referred to in this Chapter shall constitute a misdemeanor; provided, however, that any violation may be prosecuted as an infraction in the discretion of the City Attorney to serve the interests of justice.

C. Each day a separate violation. Each and every day a violation of this Chapter or any ordinance incorporated in or referred to in this Chapter shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation and punished accordingly.

('65 Code, § 19-68) (Ord. No. 96- 027 § 1)

D. Punishments. Unless otherwise specified by this Code, a misdemeanor is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

('65 Code, § 19-68.1) (Ord. No. 96-027 § 2)

E. Administrative fines. Upon a finding by the City's Tax Collector, Treasury Division Manager, or any Business Tax Inspector, that a violation of Chapter 11.01 of this Code exists; an administrative fine may be imposed under the provisions of §§ 11.01.600 et seq.

(Ord. No. 2003-010 § 1; Ord. No. 2022-012 § 1 (part))

BUSINESS TAX REGULATIONS

The annual business license tax for each business is due and payable on January 1st of each year, according to the renewal period established pursuant to § 11.01.005. A new business shall have a thirty (30) day grace period in the payment of the business license tax due.

('65 Code, § 19-21) (Ord. No. CS-655 § 6; Ord. No. CS-852 § 1 (part); Ord. No. 90-018 § 4; Ord. No. 2022-012 § 1 (part))

Penalty for nonpayment of a business license tax shall be established by resolution of the City Council. This penalty provision shall not be construed to preclude or limit the enforcement of the penal provisions of this Chapter.

('65 Code, § 19-22) (Ord. No. CS-49 § 11.07; Ord. No. 86-019 § 1; Ord. No. 90-018 § 5; Ord. No. 91-025 § 1; Ord. No. 2000-021, § 1; Ord. No. 2022-012 § 1 (part))

In all cases where the amount of business license tax to be paid by any person, firm or corporation is not specifically stated in this Chapter but the determination thereof is based upon the amount of gross receipts, sales, or business transactions, or is determined by any other method set forth in this Subchapter, a verified statement of the total amount of gross receipts for the year immediately preceding or other facts upon which the Tax Collector may determine the business license tax under the provisions of this Chapter as applied to the particular business involved, shall be filed with the Tax Collector.

('65 Code, § 19-28) (Ord. No. CS-49 § 11.12; Ord. No. CS-909 § 1; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

All statements of gross receipts filed pursuant to the provisions of this Subchapter shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the Tax Collector to so preserve and keep such statements strictly confidential except with respect to persons charged by the law with administration and enforcement of this Chapter.

('65 Code, § 19-29) (Ord. No. CS-668 § 7; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

A business whose tax is based on gross receipts shall compute and pay its business tax and fees as follows:

A. Application. At the time an application is made for a business tax certificate, the applicant shall pay an application fee in an amount set by resolution of the City Council.

B. Renewal. At the termination of the initial period, the business tax certificate holder shall file with the City Treasurer, on a form provided by the Treasurer's Office, a verified statement of gross receipts, or a verified statement of the cost of operations should the taxable gross receipts be less than the cost of operations, for the initial period, and based on the statement, shall pay the tax due for the initial period. At the same time, for the first renewal period, the tax certificate holder shall pay a renewal fee in an amount set by resolution of the City Council and the tax based on the verified statement of gross receipts, or the verified statement of the cost of operations should the taxable gross receipts be less than the projected cost of operations used to estimate gross receipts for the first renewal period. Any such projection shall be reasonable satisfactory to the Tax Collector, who may substitute another projection as necessary to achieve the purposes of this chapter.

1. For each succeeding renewal period, the business tax certificate holder shall pay a renewal fee in an amount set by resolution of the City Council, and shall file a verified statement of gross receipts, or a verified statement of the cost of operations should the taxable gross receipts be less than the cost of operations, for the preceding twelve (12) month period, and shall pay a business license tax computed on such statement at the rate specified for the applicable business category.

2. At the time an application is made for a business tax certificate, or at the time of a renewal of a business tax certificate, where the tax is determined by a flat rate, the applicant or business tax certificate holder shall pay an application fee or renewal fee, in an amount set by resolution of the City Council, in addition to the flat rate tax.

3. The first two hundred thousand dollars ($200,000.00) in annual gross receipts are exempt from calculation of the tax for businesses whose tax rate is based on the gross receipts as listed under § 11.01.245(A).

4. An additional tax of 0.01% will be assessed on gross receipts when reported gross receipts are more than one hundred million dollars ($100,000,000.00) annually.

C. Business planning review fee. At the time an application is made for a business tax certificate, or upon renewal if the business has changed location, the applicant shall pay a business planning review fee in an amount set by resolution of the City Council.

('65 Code, § 19-30) (Ord. No. CS-49 § 11.13; Ord. No. CS-900 § 2; Ord. No. CS-909 § 2; Ord. No. 89-016 § 5; Ord. No. 90-018 § 6; Ord. No. 2006-006 § 1; Ord. No. 2022-012 § 1 (part))

The correctness of all statements of gross receipts shall be subject to audit and verification by the Tax Collector of the City, the City Attorney, or by their properly authorized deputies or assistants, who are authorized and empowered to inspect and audit the books and records of any and all persons, firms or corporations licensed to carry on any business specified in this Subchapter. No statement filed by the licensee shall be conclusive upon the City on any matters contained therein.

('65 Code, § 19-31) (Ord. No. CS-668 § 8; Ord. No. 88-009 § 1; Ord. No. 2022-012 § 1 (part))

A. Exemption from business license tax. The following businesses and organizations shall be required to obtain a business tax certificate and any necessary permits, but shall not be required to pay a business license tax:

1. Charitable organizations. Any organization conducting a business or activity for charitable purposes; which presents proof of its designation as a tax-exempt organization for charitable purposes, in a form which is satisfactory to the City Treasurer.

2. Parks, recreation and community services contractors. Any persons contracting with the City to perform recreation-related services for the Parks, Recreation and Community Services Department, including, but not limited to, teaching classes and other similar activities.

B. Employees. Any person engaged in any profession, business, calling, trade or occupation covered by this Subchapter, as an employee, whether on salary, commission, or other compensation basis, shall not be required to obtain a business tax certificate, nor to pay any business tax.

C. Homeowners' association. Any bona fide homeowner's association is neither required to maintain a business tax certificate, nor to pay any business license tax.

('65 Code, § 19-34) (Ord. No. CS-49 § 11.17; Ord. No. CS-700 § 4; Ord. No. 91-027 § 1; Ord. No. 2001-017 § 1; Ord. No. 2002-005 §§ 1 (part) and 4; Ord. No. 2022-012 § 1 (part); Ord. No. 2025-001 § 2 (part))

Any business license tax or portion thereof, or any penalty hereafter paid more than once or illegally, erroneously or wrongfully paid, may be refunded; provided that a claim therefor, duly signed by the person paying such fee or penalty, or the authorized representative, agent or attorney, shall have been filed with the Tax Collector within the applicable time limits set forth in Cal. Gov't Code § 911.2. Such claims shall be deemed to accrue at the end of the initial or renewal period and shall be processed in the same manner as other claims and demands against the City.

('65 Code, § 19-38) (Ord. No. CS-49 § 11.23; Ord. No. CS-900 § 3; Ord. No. 88-009 § 1; Ord. No. 89-016 § 6; Ord. No. 90-018 § 6; Ord. No. 2022-012 § 1 (part))

A. Assessment of taxes.

1. Whenever the City Treasurer determines that any tax is due or may be due to the City under the provisions of this Chapter, the City Treasurer may make and give notice of an assessment of such tax.

2. The notice of assessment shall separately set forth the amount of any tax due or estimated to be due by the City Treasurer under this Chapter, after full consideration of all information within his or her knowledge concerning the business and activities of the person assessed, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.

B. Service of assessment; right to hearing. The notice of assessment shall be served upon the person either by handing it to him or her personally, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business appearing on the face of the registration certificate issued to the business or to such other address as he or she shall register with the City Treasurer for the purpose of receiving notices provided under this Chapter; should the person have no registration certificate issued to him or her and should he or she have no address registered with the City Treasurer for such purpose, then to such person's last known address. For the purpose of this Section, a service by mail is complete at the time of deposit in the United States mail. Within fifteen (15) days after the date of service, the person assessed may either apply in writing to the City Treasurer for a hearing on the assessment or may file a written request that such hearing be waived. If the person neither requests a hearing upon the assessment nor requests a waiver of hearing within the prescribed time, the amount of the assessment shall be final and the amount thereof shall be immediately due, but penalties and interest as provided by this Chapter shall continue to accrue until paid.

C. Waiver of hearing. If the person requests that the hearing be waived, the City Treasurer may either grant such request and notify the person thereof in writing or may, in his or her discretion, deny the request and set the assessment for hearing at the time and in the manner prescribed in Subsection D. hereof. If the City Treasurer grants the request for waiver of hearing, the administrative proceedings prescribed by this Section shall be deemed exhausted and the City shall have the right to bring an action in any court of competent jurisdiction to collect the amount of the assessment, plus such penalties and interest as may have accrued thereon as provided by this Chapter.

D. Time of hearing; notice. If the person requests a hearing upon the assessment or if the City Treasurer denies a request for waiver of hearing, the City Treasurer shall cause the matter to be set for hearing before a Hearing Officer appointed by the City Manager not later than ninety (90) days after the date of the application, or as the case may be, the date of the City Treasurer's denial of the request for waiver of hearing. Notice of the time and place of the hearing shall be mailed to the person assessed in the same form and in the same manner as the notice of assessment, not later than fifteen (15) days before the date set for hearing and, if the City Treasurer desires said person to produce specific records at such hearing, such notice may designate the records required to be produced.

E. Administrative hearing. At the hearing the person assessed and the City Treasurer may submit such evidence as they believe to be relevant to their respective positions. The Hearing Officer may require the presentation of additional evidence from either the person assessed or from the City Treasurer, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence.

F. Decision of the Hearing Officer. Upon completion of the hearing, the Hearing Officer may (1) affirm the assessment; (2) increase the assessment; or (3) decrease the assessment, as the evidence may require; but the amount of the assessment shall not be increased unless the claim for the increase is asserted on behalf of the City either before or during the hearing. Written notice of the decision of the Hearing Officer shall be given to the person assessed in the same form and in the same manner as the notice of assessment.

G. Exceptions. Within fifteen (15) days from the date of service of the notice of decision of the Hearing Officer, the person assessed may file written exceptions to the decision of the Hearing Officer but shall not be required to do so. If the person does not do so, the person shall nevertheless be deemed to have exhausted the administrative proceedings provided by this Section. Upon filing of written exceptions, the Hearing Officer may either deny the exceptions or modify its decision, as it deems appropriate. If the Hearing Officer modifies its decision, it shall cause a written notice of decision, as required by Subsection F. hereof, to be given to the person assessed in the manner provided therein. If the Hearing Officer does not modify its decision within thirty (30) days from the service of said exceptions, the exceptions shall be deemed denied.

H. Effect of delay in administrative proceedings. Failure of the City Treasurer to set any hearing within the time prescribed in this Section shall not affect the validity of any proceedings taken hereunder.

I. Effect of payment of an assessment. Acceptance of any payment upon an assessment, the validity of which has not previously been passed upon by the Hearing Officer, shall not preclude the City Treasurer from subsequently levying another assessment in any case where the original assessment does not truly reflect the correct tax liability.

('65 Code, § 19-39) (Ord. No. CS-1016 § 1; Ord. No. 2006-009 § 22 (part); Ord. No. 2022-012 § 1 (part))

A. Tax rates based on gross receipts. The following tax rates based on gross receipts are hereby established and are designated as follows:

• 1. GRT-A $1.30 for each $1,000.00 or fraction thereof of gross receipts.
• 2. GRT-B $1.50 for each $1,000.00 or fraction thereof of gross receipts.
• 3. GRT-C $1.60 for each $1,000.00 or fraction thereof of gross receipts.
• 4. GRT-D $2.00 for each $1,000.00 or fraction thereof of gross receipts.
• 5. GRT-E $2.50 for each $1,000.00 or fraction thereof of gross receipts.
• 6. GRT-F $3.00 for each $1,000.00 or fraction thereof of gross receipts.
• 7. GRT-G $3.50 for each $1,000.00 or fraction thereof of gross receipts.

Note 1: The first $200,000 in annual gross receipts will be exempted from the tax for businesses whose tax rate is based on the gross receipts as listed under the § 11.01.245(A).

Note 2: An additional tax of 0.01% shall be assessed on gross receipts when reported gross receipts is more than $100,000,000 annually.

('65 Code, § 19-42) (Ord. No. 87-001 § 1; Ord. No. 89-016 § 7)

B. Flat rate tax machines. The following lump sum tax rates are hereby established and designated as set forth below:

1. FRTM-A $36.00 per year for each device and machine.

2. FRTM-B $6.00 per year for each device or machine.

('65 Code, § 19-43) (Ord. No. 87- 001 § 1; Ord. No. 2022-012 § 1 (part))

A business license tax, annual unless otherwise noted, is imposed by this Subchapter for the purpose of only raising revenue for the City and not for the purpose of regulation. Such tax is imposed upon the businesses described below at the rates designated below:

('65 Code, § 19-44) (Ord. No. 87-001 § 1; Ord. No. 88-016 § 1; Ord. No. 91-017 § 1; Ord. No. 92-017 § 1; Ord. No. 2022-012 § 1 (part))

A. The determination of the class of business in which an applicant for a tax certificate is deemed to be engaged under § 11.01.250 shall be a ministerial task of the Tax Collector.

B. If an applicant disagrees with the determination of the Tax Collector as to the class of business in which the applicant is engaged, the applicant may apply to the Tax Collector for reclassification. This application shall set forth with specificity the facts upon which it is based. Upon receipt of a reclassification application, the Tax Collector shall investigate and review the matter and shall either affirm the original classification or assign a new classification and shall notify the applicant of the decision in writing.

C. The Tax Collector may refuse to accept an application for reclassification from an applicant who has applied for reclassification within the previous twelve (12) months if the application fails to state material and relevant facts which were not and could not have been presented in the previous reclassification application.

D. The decision of the Tax Collector on an application for reclassification shall be final as to the City, but subject to judicial review pursuant to Cal. Code of Civil Procedure § 1094.5.

('65 Code, § 19-50) (Ord. No. 96- 035 § 1; Ord. No. 97-022 § 1; Ord. No. 99-010 § 1; Ord. No. 2001-008 § 1; Ord. No. 2022-012 § 1 (part))

CERTIFICATES OF COMPLIANCE; PERMIT REQUIREMENTS

A. The following abbreviations for categories of certificates of compliance and permits are hereby established and designated as follows:

• 1. LAHD Certificate of compliance from the Los Angeles County Health Department.
• 2. CCFD Certificate of compliance from Fire Prevention/ Building and Safety Division.
• 3. CCPD Certificate of compliance from Police Department.

('65 Code, § 19-45)

B. No person shall engage in any business which is designated in this Subchapter as requiring a certificate of compliance or a permit without first obtaining such certificate or permit.

('65 Code, § 19-46)

(Ord. No. 87-002 § 2; Ord. No. 2025-001 § 2 (part))

('65 Code, § 19-47) (Ord. No. 87-002 § 1; Ord. No. 91-004 § 9; Ord. No. 98-006, §§ 6, 7; Ord. No. 2016-009 § 3; Ord. No. 2025- 001 § 2 (part))

No permit issued for a trade show shall allow an event to continue for more than the thirty (30) consecutive days unless the event is to take place wholly within a building not used to provide access to various retail establishments. A permit issued to the same permittee, trade show or promoter subject to the thirty (30) day limitation shall not be renewed, nor shall another permit be issued for the same building used to provide public access to various retail establishments unless not less than thirty (30) calendar days have elapsed since the expiration of the prior permit. The complete application for the permit must be submitted to the City at least fifteen (15) days prior to the show unless the City determines otherwise.

('65 Code, § 19-48) (Ord. No. 87-002 § 1; Ord. No. 2025-001 § 2 (part))

A tax certificate shall not be issued to conduct any business which is not carried on entirely within a completely enclosed building until a permit therefor has been issued by the City or the City Council has authorized such permit to be issued. This section shall not be applicable to the outdoor display of goods as permitted in § 9.08.040 and the Zoning Code, as set forth in Title 17 of this Code.

('65 Code, § 19-49) (Ord. No. 87-035 § 1; Ord. No. 96-018 § 2; Ord. No. 2025-001 § 2 (part))

It is unlawful for any person to engage in any business which is designated in this Chapter as requiring a permit without first obtaining a permit in accordance with the provisions of this Subchapter.

('65 Code, § 19-52) (Ord. No. CS-49 § 21.01; Ord. No. 2025-001 § 2 (part))

Application for permit shall be filed with the Tax Collector, in triplicate, on forms provided by him, the original of which shall be duly acknowledged before the Tax Collector or Deputy Tax Collector or some other person lawfully authorized to administer oaths, and shall supply the following information:

A. A full identification of the applicant and all persons to be directly or indirectly interested in the proposed business;

B. The residence and business address and the citizenship of applicant, including all directors and officers of any corporation;

C. The location of the proposed business or place for which the permit is requested and the name of the owner and the present use of such premises;

D. The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

E. The past experience of the applicant in the business to which the requested permit appertains and the name, address, and past experience in such business of the person to be in charge thereof;

F. Whether or not any permit has been revoked and, if so, the circumstances causing such revocation;

G. Such further information as required by the Chief Financial Officer or the City Council.

('65 Code, § 19-53) (Ord. No. CS-49 § 21.02; Ord. No. 88-009 § 1; Ord. No. 2025-001 § 2 (part))

Immediately upon filing a properly executed application for a permit, the Chief Financial Officer shall refer one copy to the City Manager and one copy to the Department Head, whose duty it is to inspect the type of business involved. Such Department Head shall make such investigation of the applicant and of the statements set forth in the application, as they shall deem sufficient, and make a written report thereof to the Chief Financial Officer, not more than 30 days from the date of filing the application. The Chief Financial Officer shall approve the application and issue a permit unless the Chief Financial Officer finds that the application or activity does not comply with the requirements of any applicable laws.

('65 Code, § 19-54) (Ord. No. CS-49 § 21.03; Ord. No. 88-009 § 1; Ord. No. 2006-009 § 22 (part))

The Tax Collector shall notify the applicant in writing of the time and place of the hearing before the Committee on Permits and Licenses or the City Council, which shall be given at least three days prior thereto, unless the applicant waives such notice in writing. Whenever the Committee on Permits and Licenses or the City Council deems that a public notice should be given of a special hearing with respect to the application, the applicant shall pay to the City Clerk a fee, as established by resolution, before such notice is given, which payment shall not be in lieu of any license fee or other tax otherwise imposed by law.

('65 Code, § 19-55) (Ord. No. CS-49 § 21.04; Ord. No. 88-009 § 1; Ord. No. 2007-02 § 13)

A. Determination. The Committee on Permits and Licenses or the City Council shall deny the application for any permit if it shall appear to its satisfaction that the applicant is not a fit and proper person, morally or otherwise, to conduct or maintain the proposed business applied for or that he has not complied with this or any other regulation of the City appertaining to his application, or that the activity for which permit is sought is itself objectionable or detrimental to the public health, morals, safety or general welfare; or that it conflicts with any City, State or Federal law.

('65 Code, § 19-56) (Ord. No. CS-49 § 21.05)

B. Conditions. The Committee on Permits and Licenses or the City Council may grant a permit subject to such conditions as in its judgment the public interest may require.

('65 Code, § 19-57)

In the event the Committee on Permits and Licenses or the City Council approve the application, a written permit in a form approved by the City Attorney shall be delivered to the applicant.

('65 Code, § 19-58)

No permit required under this Chapter shall be assigned or transferred without the express permission of the Committee on Permits and Licenses or the City Council.

('65 Code, § 19-59) (Ord. No. CS-49 § 21.06)

The Chief Financial Officer may revoke any permit for any reason for which the granting of such permit might lawfully be denied.

('65 Code, § 19-60) (Ord. No. CS-49 § 21.07; Ord. No. 2025-001 § 2 (part))

Every permittee shall be given at least five days' notice of a hearing on the proposed revocation of his permit, together with written notification of the grounds of complaint against his business or himself personally. The hearing, when convened, may be continued over from time to time, and the findings of the Committee on Permits and Licenses or the City Council shall be final and conclusive on the matter involved.

('65 Code, § 19-61) (Ord. No. CS-49 § 21.07)

The right to operate any business or other activity for which a permit is required under this Chapter may be suspended forthwith without notice and without hearing, in the event such suspension is necessary for the preservation and protection of the public health, morals, safety or general welfare, if so determined by the Fire Chief, Police Chief, Health Officer, Building Inspector, Superintendent of Streets, City Manager, Committee on Permits and Licenses or the City Council; provided that no such suspension shall continue for more than 15 days unless an order to show cause why such permit should not be revoked shall be issued, as provided in § 11.01.360.

('65 Code, § 19-62) (Ord. No. CS-49 § 21.08; Ord. No. 2006-009 § 22 (part))

A. The withdrawal of an application for a permit or license after it has been filed with the Committee on Permits and Licenses shall not, unless the Committee on Permits and Licenses has expressly consented in writing to the withdrawal, deprive the Committee on Permits and Licenses of its authority to institute or continue a proceeding against the applicant for the denial of the permit or license upon any ground provided by the Code, or for violation of any law or rule which relates to the suitability of the permittee or licensee to have such permit or license.

B. The suspension, expiration, cancellation or forfeiture by operation of the Code of a permit or license, or its surrender without the express written consent of the Committee on Permits and Licenses, shall not deprive the Committee on Permits and Licenses of its authority to institute or continue a suspension or revocation proceeding against the permittee or licensee upon any ground provided by the Code, or for violation of any law or rule which relates to the suitability of the permittee or licensee to have such permit or license.

('65 Code, § 19-63) (Ord. No. 96-011, § 1; Ord. No. 96-021, § 1)

ADMINISTRATIVE FINES

A. 1. The City Council hereby finds that there is a need for an alternative method of enforcement for violations of Chapter 11.01 of the Culver City Municipal Code.

2. The City Council further finds that an appropriate method of enforcement for such violations is through the imposition of an administrative fine, as authorized by Government Code Section 53069.4.

B. The procedures established in this Subchapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of Chapter 11.01 of the Municipal Code.

C. The City Council hereby finds and determines that enforcement of Chapter 11.01 of the Culver City Municipal Code is a matter of local concern and serves an important public purpose. Consistent with its powers as a charter City, the City adopts this Subchapter in order to achieve the following goals:

1. To protect the public health safety and welfare of the citizens of the City of Culver City;

2. To gain compliance with Chapter 11.01, General Licensing, of the Culver City Municipal Code in a timely and efficient manner;

3. To provide for an administrative process to appeal the imposition of an administrative fine;

4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of Chapter 11.01, General Licensing, of the Culver City Municipal Code;

5. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.

D. 1. The imposition of an administrative fine shall be at the City's sole discretion, and is one option the City has to address violations of Chapter 11.01.

2. By adopting this Subchapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the City may select in a particular case.

(Ord. No. 2003-010 § 1 (part))

For the purposes of this Subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ENFORCEMENT OFFICER. The City's Tax Collector, Treasury Division Manager or any Business Tax Inspector.

RESPONSIBLE PERSON. Any individual who is the owner or authorized agent of any business, company, domestic or foreign corporation, firm, association, syndicate, joint stock corporation, partnership of every kind, club, common law trust, society or individual engaged in business in the City, as defined in Chapter 11.01, who causes or maintains a violation of Chapter 11.01 of the Culver City Municipal Code.

(Ord. No. 2003-010 § 1 (part))

A. Any enforcement officer, upon determining that a provision of this Chapter has been violated, has the authority to impose an administrative fine on any responsible person.

B. 1. Each day a violation of this Chapter exists shall be a separate violation and subject to a separate fine.

2. An administrative fine may be imposed for one (1) or more days on which a violation exists, and for a violation of one (1) or more provisions of this Chapter.

C. An administrative fine shall be imposed by means of an order to comply, on a form approved by the Tax Collector, issued by an enforcement officer, and shall be payable directly to the City of Culver City.

D. Fines shall be established by resolution of the City Council, or where no amount is specified:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same offense within one (1) year from the date of the first violation; or

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same offense within one (1) year from the date of the first violation.

(Ord. No. 2003-010 § 1 (part))

To comply, each order shall contain the following information:

A. Date, approximate time, and address or definite description of the location where the violation(s) was observed;

B. Name and address of the responsible person for the violation.

C. The Code section(s) or condition(s) violated, and a description of the violation(s);

D. An order to the responsible person to correct the violation(s) within the time specified, and an explanation of the consequences of failure to correct the violation(s);

E. The amount of the fine for the violation(s);

F. An explanation of how the fine shall be paid, and the time period by which it shall be paid;

G. Identification of rights of appeal, including the time within which the order to comply may be contested and the place to obtain a request for hearing form to contest the order to comply; and

H. The name and signature of the enforcement officer issuing the order to comply.

(Ord. No. 2003-010 § 1 (part))

An order to comply may be issued to any responsible person by an enforcement officer for violations of Chapter 11.01 of the Municipal Code in the following manner:

A. Personal service. In any case where an order to comply is issued:

1. The enforcement officer shall attempt to locate and personally serve the responsible person, and obtain the signature of the responsible person on the order to comply.

2. If the responsible person served refuses or fails to sign the order to comply, the failure or refusal to sign shall not affect the validity of the order to comply or subsequent proceedings.

B. Service by mail.

1. If the enforcement officer is unable to locate the responsible person, the order to comply shall be mailed to the responsible person's last known address by certified mail, postage prepaid with a requested return receipt.

2. Simultaneously, the order to comply may be sent by first class mail to the responsible person's last known address.

3. If the order to comply is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the order to comply sent by first class mail is not returned.

C. Service by posting notice. If personal service or service by mail is unsuccessful, the enforcement officer shall post the order to comply on any real property within the City in which the City has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.

(Ord. No. 2003-010 § 1 (part))

Upon receipt of an order to comply, the responsible person must do the following:

A. Pay the fine.

1. Payment of the fine must be submitted to the City within fifteen (15) days from the correction date set forth in the order to comply.

2. All fines assessed shall be payable to the City of Culver City.

3. If the responsible person fails to correct the violation(s) by the correction date, a subsequent order(s) to comply may be issued for the same violation(s).

4. The amount of the fine for failure to correct the violation(s) shall increase at the rate specified in § 11.01.610 (D).

5. Payment of a fine shall not excuse or discharge the failure to correct the violation(s), nor shall it bar further enforcement action by the City.

B. Remedy the violation(s). If the violation(s) is corrected on or before the date of correction, as provided in the order to comply, no fine shall be imposed.

(Ord. No. 2003-010 § 1 (part))

A. Any recipient of an order to comply may appeal the order to comply on the grounds that there was no violation of Chapter 11.01 of the Culver City Municipal Code, or that he or she is not the responsible person for the violation, by completing a request for hearing form and returning it to the Tax Collector within fifteen (15) days from the correction date of the order to comply, together with an advanced deposit of the fine.

B. Any fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the order to comply was not responsible for the violation(s), or that there was no violation(s) as charged in the order to comply.

(Ord. No. 2003-010 § 1 (part))

A. The Culver City City Manager shall designate the hearing officer for the appeal hearings.

B. The hearing officer shall not be a Culver City employee, elected official or appointed official.

C. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of fines upheld by the hearing officer.

(Ord. No. 2003-010 § 1 (part); Ord. No. 2006-009 § 22 (part))

A. No appeal hearing before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted, and the fine has been deposited in advance.

B. 1. An appeal hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed, in accordance with the provisions of § 11.01.630.

2. The person requesting the hearing shall be served by mail a written notice of the time and place set for the hearing, at least fifteen (15) days prior to the date of the hearing..

C. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred, and whether the responsible person has caused or maintained the violations(s) on the date(s) specified in the order to comply.

D. The recipient of the order to comply shall be given the opportunity to testify and to present witnesses and evidence concerning the order to comply.

E. The failure of the recipient of the order to comply to appear at the appeal hearing shall constitute a forfeiture of the fine deposit and a failure to exhaust administrative remedies concerning the violation(s).

F. The order to comply and any additional documents submitted by the enforcement officer concerning the Code violation(s) shall constitute prima facie evidence of the Code violations(s) and the facts stated in such documents.

G. At least fifteen (15) days prior to the hearing, the recipient of an order to comply shall be served by mail with copies of the order to comply, reports and other documents relied upon or submitted to the hearing officer by the enforcement officer.

1. No other discovery is permitted.

2. Legal rules of evidence shall not apply.

H. Prior to issuing a written decision, the hearing officer may continue the appeal hearing and request additional information from the enforcement officer or the recipient of the order to comply.

(Ord. No. 2003-010 § 1 (part))

A. 1. Within ten (10) days after the hearing, after considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the order to comply and shall list in the decision the reasons for that decision.

2. The decision of the hearing officer shall be final.

B. If the hearing officer determines that the order to comply should be upheld, the fine amount on deposit with the City shall be retained by the City.

C. If the hearing officer determines that the order to comply should be canceled and the fine was deposited with the City, then the City shall refund the amount of the deposited fine within fifteen (15) days.

D. The recipient of the order to comply shall be served by mail with a copy of hearing officer's written decision within fifteen (15) days of the date of issuance of the decision.

(Ord. No. 2003-010 § 1 (part))

A. The failure of any person to pay the administrative fines imposed by an order to comply within the time period set forth in the order to comply may result in the matter being referred to the Tax Collector to file a claim with the small claims court.

B. Alternatively, the City may pursue any other legal remedy to collect the civil fines.

(Ord. No. 2003-010 § 1 (part))

Any person aggrieved by the decision of the hearing officer on an order to comply may obtain review of the hearing officer's decision, by filing a petition for review with the Los Angeles County Superior Court, in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

(Ord. No. 2003-010 § 1 (part))

A. The order to comply and all notices required by this Subchapter shall be served on the responsible person, in accordance with the provisions of this Subchapter.

B. Failure to receive notice specified in this Subchapter does not affect the validity of proceedings conducted hereunder.

(Ord. No. 2003-010 § 1 (part))