Daly City Municipal Code Ch. 5.48 Christmas Tree Sales

No Christmas tree sales or use of lots for the sale of Christmas trees or related items shall be allowed without the application for and the issuance of a business license by the city. This provision shall not be effective as to those retail establishments holding a valid business license under the laws of the state and where said sales are to be made on self-contained premises.

Said business license shall be applied for in the normal manner provided for by the department of finance and may be issued upon clearance by the appropriate city departments as per normal business license procedures.

(Ord. 741 § 1 (part), 1972: prior code § 15-50)

The nonrefundable license fee for said business license in connection with the sale of Christmas trees or related items solely, by any person, partnership, corporation, association or other legal entity, shall be fixed by resolution of the city council, payable on or before the fifteenth day of November of said year. A license shall be required for each individual lot where said sales are to be conducted.

(Ord. 1146 § 9 (part), 1991: Ord. 741 § 1 (part), 1972: prior code § 15-51)

Each person, partnership, corporation, association or other legal entity so obtaining a license as aforesaid shall deposit the sum as fixed by resolution of the city council with the city at the time such license is obtained. The deposit shall be forfeited to the city upon finding of failure to comply with any of the aforementioned standards or procedures and upon report of same by the appropriate city department.

(Ord. 1146 § 9 (part), 1991: Ord. 741 § 1 (part), 1972: prior code § 15-52)

The following standards and procedures shall be applicable to a person or group of persons engaged in the sale of Christmas trees:

A. Locations Where Permitted. All commercial and industrial districts, or residential districts if the property is vacant or not used for residential purposes and if actual sales activity does not occur directly adjacent to a residentially used property, but in no event shall any sales occur within residential buildings for any purpose, at any time.

In the event that sales are conducted within any enclosed building within the city, then, and in that event, approval of the fire marshal shall be required before sales can be conducted thereon.

B. Dates.

1. Business licenses shall be valid for the period from November 15th to January 2nd of the next following year;

2. Property shall not be prepared, changed, altered, fenced, used for storage or sales of Christmas trees or otherwise readied for business purposes prior to November 15th;

3. No actual sales of trees may occur prior to the Friday following Thanksgiving;

4. Sales shall be permitted through December 25th;

5. Premises shall be cleared of Christmas trees, cuttings, paraphernalia, sales sheds or other materials or objects by January 2nd of the next following year;

6. Property shall be returned to its complete original state or acceptable alternative by not later than January 15th of the next following year.

C. Hours of Operation. Sales in commercial, industrial or residential districts shall not be permitted between the hours of twelve midnight and eight a.m.

D. Use of Premises. No storage, preparation or sales shall be conducted on or in any public street, sidewalk or other public right-of-way.

(Ord. 741 § 1 (part), 1972: prior code § 15-53).