Hawaiian Gardens Municipal Code Art. II Exemptions

Exempt licenses must be endorsed. Whenever the License Collector shall issue any license granting any exemption provided for in this chapter, the person to whom such license is issued shall endorse thereon his/her signature in ink in the presence of the License Collector.

(Ord. 412 § 3, 1993)

No business license issued pursuant to this title that is exempt pursuant to this chapter shall be transferable.

(Ord. 412 § 3, 1993)

Any exempt license shall be issued by the License Collector only for the minimum license period of any such business (see Chapter 5.04) and may be renewed for the same period under the same conditions and in the same manner as originally obtained.

(Ord. 412 § 3, 1993)

At any time that it shall appear to the satisfaction of the License Collector that none of the conditions specified in this chapter as meriting exemption from license requirements exists as to any person to whom any such exemption has been allowed, the License Collector may revoke such exemption and the exempt license issued thereunder. The revocation shall be in accordance with the procedure set forth in Chapter 1.14.

(Ord. 412 § 3, 1993)

The provision of this business license law shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business or require the payment of any license of any institution or organization so conducted, managed or carried on fully for the benefit of charitable purposes or from which profit is not derived either directly or indirectly by any person. Nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subject whenever the receipts of such entertainment, concert, exhibition or lectures are to be appropriated to any church or school or to any religious or benevolent purpose in the City; nor shall any license or permit be required for the conduction of any recreation, entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, State, County or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objectives for which such association or organization was formed and from which profit is not derived either directly or indirectly by any person. The provisions of this business license law shall not be deemed or construed to require the payment of a license by any religious, charitable, fraternal, educational or military organization or association conducting casual sales, concerts, dances, entertainment, exhibitions or lectures or other activities for fundraising purposes and where the funds so derived are retained strictly for charitable, religious, educational, fraternal or military purposes and do not go to the benefit for use or profit of any person.

(Ord. 412 § 3, 1993)

All public utilities or privately-owned public utilities which are holders of a franchise from the City shall be exempt from the provisions of the business license law.

(Ord. 412 § 3, 1993)

The performance of services of an emergency nature in order to protect the health, life or property or right or rights of anyone living, residing, owning property or being situated within the City and where performed five or less times within said City during any fiscal year established by the calendar year shall be exempt from the provisions of the business license law.

(Ord. 412 § 3, 1993)

The City Council may, upon written evidence received from a Hawaiian Gardens church, recognized civic association, or License Collector or other competent source that any person by reason of physical infirmity, unavoidable misfortune or unavoidable poverty merits exemption from the operation of any license required by any provision of this business license law, allow such person an exemption of 50 percent of one license for the conduct of any one business licensed by any provisions of this business license law.

(Ord. 412 § 3, 1993)

A. Every person claiming to be entitled to an exemption from payment of any license fee provided for in this section upon the ground that such license fee is exempt under State or Federal law shall file a verified statement with the License Collector disclosing the character of said business entitling such exemption. Said statement shall State the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that said person, organization or firm comes within the exemption of the State or Federal law.

B. Additional information shall be supplied to the License Collector or City Attorney upon request in order to ascertain whether or not the claimant meets the exemption of the State or Federal law. In case of dispute, the decision of the City Attorney shall be final.

(Ord. 412 § 3, 1993)

A card club licensed under Chapter 5.92 of this title is exempt from the payment of any license fee provided for in this chapter and shall instead be subject to those license fees specified in Chapter 5.92.

(Ord. 431 § 8, 1995)