Hawaiian Gardens Municipal Code Art. I License Fees

Any applicant for a business license or for renewal of a business license for which the established fee is on a basis other than a flat dollar amount shall submit an affidavit sworn under penalty of perjury setting forth the facts and information for the preceding business license year, which are necessary to determine the correct fee due and payable; if the applicant has not previously conducted a business in the City and the facts and information for the preceding business license year are unknown, then the necessary facts and information shall be estimated for the first business license fee to be charged in accordance with this chapter.

(Ord. 412 § 3, 1993)

Annual license fees for doing business in the City as defined in this title shall be in accordance with this chapter.

(Ord. 412 § 3, 1993)

Where the license fee is based in whole or in part upon the number of persons employed, the following formula shall be used for the computation of the license fee:

A. Full-time: Every person(s) employed by any bona fide place of business for 40 hours or more during a seven-day period shall be calculated as one full employee. Every separate contract person(s) shall also be calculated as one full employee.

B. Part-time: Every person(s) employed by any bona fide place of business for less than 40 hours during a seven-day period shall be calculated as one-half of an employee. Every separate seasonal and temporary person(s) shall also be calculated as one-half employee.

C. Fractions: In cases where the employee calculation results in a fraction of an employee, the fee shall be calculated by rounding up to the next higher number.

(Ord. 412 § 3, 1993)

In all cases where the amount of the license fee to be paid by any person is based upon the number of employees, or any other variable basis, such person before obtaining a license shall submit to the License Collector upon such form or in such manner as directed by the License Collector, a written statement certified to under penalty of perjury, the basis for determining the number of employees. The License Collector shall not be bound by this statement and may investigate, audit, or approve or disapprove the estimation therein contained. In the case of a dispute, the decision of the License Collector shall be final. The License Collector shall, on the basis of said certified statement or on the basis of any investigation or audit of the License Collector, set the license fee in accordance with the business license law.

(Ord. 412 § 3, 1993)

The City Administrator shall investigate all applications to the extent he/she deems necessary for him/her to perform his/her duties hereunder. Upon request by the City Administrator, applicant shall make available for inspection all of the applicant's financial books, records and papers at any reasonable time before the application is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the determination of factual accuracy of the information contained in the application. Failure to make any such information available within ten days at the City Administrator's request to inspect same shall automatically result in revocation of the permit.

(Ord. 412 § 3, 1993)

License fees for retail, service and wholesale businesses with a fixed place of business in the City shall be three-tenths of one percent of the annual gross receipts or $30.00 flat fee, whichever is greater, unless otherwise specified in this Code. Businesses not specified under other sections shall be classified as a retail or wholesale business.

(Ord. 412 § 3, 1993)

License fees for conducting, managing, carrying on or engaging in any professional and semiprofessional business or occupation with a fixed place of business in the City, unless otherwise specified in this Code, shall include but not be limited to the following businesses and/or occupations:

A. Accountants, CPA or PA;

B. Acupressure;

C. Architects (including landscape);

D. Attorneys;

E. Chemists;

F. Chiropodists;

G. Chiropractors;

H. Dentists;

I. Engineers (all types);

J. Geologists;

K. Morticians;

L. Oculists;

M. Optometrists (nondispensing);

N. Osteopaths;

O. Psychiatrists;

P. Psychologists;

Q. Physicians;

R. Physiologists;

S. Physiotherapists;

T. Real estate;

U. Veterinarians.

The fee shall be three-hundredths of one percent of the annual gross receipts or $100.00 per partner or principal, whichever is greater.

(Ord. 530 § 1, 2009; Ord. 412 § 3, 1993)

Every person conducting or carrying on an adult business in the City, as defined in Chapter 5.40 of this Code, shall pay an annual license fee in an amount as set by resolution by the City Council.

(Ord. 524 § 2, 2008; Ord. 412 § 3, 1993)

Every person conducting or carrying on the business of an auction shall pay an annual license fee of $200.00 per year, or $100.00 per auction.

(Ord. 412 § 3, 1993)

Every person conducting or carrying on the business of an auto wrecking yard in the City shall pay an annual license fee of $300.00.

(Ord. 412 § 3, 1993)

Every person conducting or carrying on the business of banking, financial loan institutions and/or collection agencies in the City shall pay an annual license fee of $300.00.

(Ord. 412 § 3, 1993)

Every person conducting or carrying on the business of operating a bingo game in the City shall pay an annual permit fee of $50.00 and a license fee of one percent of the monthly gross receipts over $5,000.00, derived from the game of bingo. (See Chapter 9.64.)

(Ord. 412 § 3, 1993)

Every person conducting, managing or carrying on any transient fair, carnival, arcade, theatrical performance or circus shall pay $300.00 per day while same is in operation.

(Ord. 412 § 3, 1993)

Every person conducting or carrying on the business of a Christmas tree lot as defined in Chapter 5.16 shall pay an annual permit fee of $50.00.

(Ord. 412 § 3, 1993)

Every person conducting, managing or carrying on the business of a cocktail/beer bar in the City shall pay an annual license fee of $200.00. Also see Section 18.20.015.

(Ord. 412 § 3, 1993)

A. Each business providing or operating an amusement device, vending machine or mechanical device within the City shall pay an annual license fee of $40.00 for the first device and $20.00 for each additional device. See Section 18.20.015.

B. No license fee shall be required for the operation or maintenance of any post office approved postage stamp machine or State approved lottery machine.

(Ord. 412 § 3, 1993)

Every person not having a fixed place of business within the City who owns or conducts the business consisting of contracting or leasing vending machines or mechanical devices located within the City shall pay an annual license fee of $30.00 per machine.

(Ord. 412 § 3, 1993)

Every person conducting the business of contracting, subcontracting, developing or subdividing within the City shall pay an annual license fee of $120.00.

(Ord. 412 § 3, 1993)

Every person conducting or engaging in any dancing or entertainment business in the City shall pay an annual license fee of $300.00.

(Ord. 412 § 3, 1993)

A. Any person not having a fixed place of business in the City and who is doing business within the City by way of general repairs and/or maintenance services shall pay an annual license fee of $60.00.

B. A fee of $5.00 per employee shall be charged in addition to the annual fee.

(Ord. 412 § 3, 1993)

Every person engaged in the business of owning and/or managing a health club in the City, as defined in Chapter 5.20, shall pay an annual license fee of $50.00 plus $5.00 for each employee.

(Ord. 412 § 3, 1993)

Every person engaged in the business of owning and/or managing a hospital in the City shall pay an annual license fee as follows:

A. One to 100 beds—$250.00; plus

B. $5.00 for each bed over 100.

(Ord. 412 § 3, 1993)

Every person conducting or carrying on the business of house moving in the City shall pay an annual license fee of $500.00.

(Ord. 412 § 3, 1993)

License fees for the business of making, developing, assembling or packaging of any machines, devices, articles, things, commodities, goods, wares, merchandise, products, equipment material or substances within a fixed place of business in the City shall be according to the following schedule:

A. For the first person employed, $60.00; plus

B. For the next 19 persons employed, $5.00 each; plus

C. $4.00 per employee over 20 employees.

(Ord. 412 § 3, 1993)

Every person engaged in the business of owning and/or managing a mobilehome park shall pay an annual license fee of $150.00 plus $6.00 per space in excess of 20 spaces, with a total maximum fee of $500.00.

(Ord. 412 § 3, 1993)

License fees for motion picture theater businesses with a fixed place of business in the City shall be three-tenths of one percent of the gross annual receipts.

(Ord. 412 § 3, 1993)

Every person without a fixed place of business within the City engaged in moving furniture within the City shall pay an annual license fee of $85.00, except those persons moving fewer than five moving deliveries during a three-month period and after having signed an affidavit to that effect on a form provided by the License Collector, shall pay a license fee of $55.00.

(Ord. 412 § 3, 1993)

Every person engaged in the business of distributing, circulating or delivering newspapers in the City and not having a fixed place of business therein shall pay an annual license fee of $100.00.

(Ord. 412 § 3, 1993)

Any person operating a newspaper rack shall pay an annual license fee of $20.00 for the first rack, and $5.00 for each additional rack. (Also see Chapter 12.10.)

(Ord. 412 § 3, 1993)

Every person conducting or carrying on the business of outdoor advertising in the City by means of bill posting, sticking, tacking, affixing or painting bills or signs to or upon posts, fences, walls, billboards, vehicles, buildings or other structures shall pay an annual license fee of $300.00 or $30.00 per day, whichever is the lesser sum. This section shall not include any similar uses prohibited by any other section(s) of the Code.

(Ord. 412 § 3, 1993)

A. Every person without a fixed place of business within the City engaged in business or otherwise in the selling of goods, wares, merchandise, services or other things of value and not otherwise specifically licensed in this chapter shall pay an annual license fee of $60.00.

B. A fee of $5.00 per employee shall be charged in addition to the annual fee.

(Ord. 412 § 3, 1993)

Every person conducting, engaged, or carrying on the business of any type of public self storage shall pay an annual license fee of $1.00 per storage unit including outdoor spaces or units.

(Ord. 527 § 1, 2009; Ord. 412 § 3, 1993)

All public utility companies not under franchise agreements shall pay an annual license fee of $300.00.

(Ord. 412 § 3, 1993)

Every person engaged in the business of renting or leasing land, vacant lots, offices, stores, industrial plants or any building or structure of any kind on land located in the City and rented to a tenant for the purposes other than dwelling, sleeping or lodging shall pay an annual license fee of $50.00 plus $2.00 per $1,000.00 of annual rental receipts.

(Ord. 412 § 3, 1993)

Residential rental shall mean any business conducted or carried on by any person engaged in the business of renting or leasing a single building or structure of any kind to a single tenant for the purpose of dwelling, sleeping or lodging. The fee for such business shall be $30.00 for the first unit, plus $5.00 for each additional unit.

(Ord. 412 § 3, 1993)

Every person conducting, engaged in or carrying on a restaurant in the City shall pay an annual license fee according to the following schedule:

A. One to ten stools/seats—$50.00;

B. Eleven to 30 stools/seats—$70.00; plus

C. $2.00 for each stool/seat over 30 stools/seats.

This section does not apply to fast food, take-out or similar types of restaurants.

(Ord. 412 § 3, 1993)

Every person without a fixed place of business within the City engaged in making retail deliveries within the City shall pay an annual license fee of $85.00, per vehicle, except those persons making fewer than five retail deliveries during any three-month period, and after having signed an affidavit to that effect on a form provided by the License Collector, shall pay a license fee of $55.00 per vehicle.

(Ord. 412 § 3, 1993)

Every person conducting business or activity at which persons are admitted to display, exchange, barter, buy, sell or bargain for new or used goods or merchandise shall pay an annual fee of $800.00.

(Ord. 412 § 3, 1993)

Every person operating a vehicle for the purpose of providing taxicab service in the City shall pay an annual license fee as follows:

A. $250.00 per operator; plus

B. $50.00 per vehicle if the City Council approves the permit;

C. Any investigation fee as required by Chapter 5.38. Said fees shall be set by City Council resolution.

(Ord. 412 § 3, 1993)

Every person in the business of wholesale delivery to any established place of business in the City of any goods, wares or merchandise and not having a fixed place of business in the City shall pay an annual license fee of $55.00 per vehicle.

(Ord. 412 § 3, 1993)