Larkspur Municipal Code Ch. 5.34 Licenses Requiring Approval of City Council

Sections: 5.34.010 License Referred to Council. 5.34.020 Notice and Date of Hearing. 5.34.030 Hearing and Action by Council. 5.34.040 Amusement Arcades. 5.34.050 Theaters. 5.34.060 Dancehalls. 5.34.070 Circuses. 5.34.080 Public Cardroom. 5.34.090 Carnivals. 5.34.100 Hospitals. 5.34.110 Repealed. 5.34.115 Fortunetelling. 5.34.120 Junk Dealers, Secondhand Dealers, or Collectors, Not Auto or Machine Wrecking.

In addition to the requirements of Larkspur Municipal Code Chapter 5.32, any application for the licensing of business, calling or operation, included in this chapter, shall be referred to the City Council for consideration as provided in Larkspur Municipal Code Sections 5.34.020 and 5.34.030. (Ord. 1030 § 2(4), 2018; Ord. 265 § 73A, 1959)

A. The City Clerk shall, upon receipt of an application for a license and the report of police investigation, set a date for a hearing on the application for permit, not more than thirty-five (35) days from the date of filing of the application. The City Clerk shall, in every case of application for such permit, notify the applicant in writing of the time and place of such hearing, which notice shall be given at least five (5) days prior thereto, unless the applicant waives such notice in writing. The notice may be given applicant by serving it personally or by depositing it in the United States Post Office at Larkspur, California, postage prepaid, addressed to the applicant at their last known address.

B. If, in the judgment of the City Council, a public notice of the hearing on any application for permit is advisable, the City Clerk shall cause a notice to be posted in at least three (3) public places in the City. Such notice shall show the purpose or type of activity for which the permit is sought, the name and address of the applicant, and the time and place of the hearing upon their application.

C. Whenever a public notice is required, the applicant shall pay to the City Clerk the sum of five dollars ($5.00) before such notice is given, which payment shall not be in lieu of any license fee or other tax otherwise imposed by law. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 265 § 73B, 1959)

A. At such hearing, any person interested shall be entitled to be heard and file objections, protests or recommendations, relative to the subject matter.

B. The City Council shall deny application for any permit if it appears, to its satisfaction, that the applicant is not a fit and proper person, morally or otherwise, to conduct or maintain the business establishment, place or other thing to which the application appertains; that they have not complied with the provisions of this code or any ordinance of the City appertaining thereto; that the activity for which the permit is sought is itself objectionable or detrimental to the public health, morals, safety or general welfare; or that it is contrary to or conflicts with any state or federal law, or any other part of this code.

C. For the protection of the public interest, the City Council, in granting such permits, may attach such conditions as, in its judgment, the public interest may require, and in the consideration of any application for permit, the City Council or other official authorized to grant permits or certificates of compliance shall give attention to all pertinent facts which may affect the health, morals, safety and general welfare of the public, and shall exercise a reasonable and sound discretion, with reference to the subject matter.

D. The City Clerk shall notify the Tax Collector of the final action of the City Council and, should such action constitute approval, the Tax Collector shall issue and deliver to applicant a permit, upon receipt of the license fee applicable thereto. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 265 § 73C, 1959)

For pool and billiard halls, commercial amusements, ice or roller skating rinks having gross receipts of three thousand dollars ($3,000.00) or less, license fees are sixty-eight dollars ($68.00) per year, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts. (Ord. 1030 § 2(4), 2018; Ord. 583 § 14, 1977)

Theaters maintaining a fixed place of business in the City, having gross receipts of thirty-five thousand dollars ($35,000.00) or less, pay a fee of one hundred forty-three dollars ($143.00) per year, plus one dollar and twenty- five cents ($1.25) for each additional one thousand dollars ($1,000.00) of gross receipts. (Ord. 1030 § 2(4), 2018; Ord. 583 § 15, 1977)

A. Dancehalls or operation of premises where dancing is permitted and where liquor is sold shall pay a license fee of two hundred eighty-seven dollars ($287.00) per year.

B. Dancehalls or operation of premises where dancing is permitted and where liquor is not sold shall pay a license fee of one hundred forty-three dollars ($143.00) per year. (Ord. 1030 § 2(4), 2018; Ord. 583 § 16, 1977)

A. Where seating capacity is four thousand (4,000) persons or less, the license fee shall be two hundred eighty- seven dollars ($287.00) for the first day and two hundred eighteen dollars ($218.00) per day for each additional day.

B. Where seating capacity is more than four thousand (4,000) persons, the license fee is four hundred thirty-one dollars ($431.00) for the first day and two hundred eighteen dollars ($218.00) per day for each additional day. (Ord. 1030 § 2(4), 2018; Ord. 583 § 17, 1977)

A. “Public cardroom” is any person conducting, managing or carrying on any public cardroom where cards of any kind are played with cards exempting, however, all fraternal organizations, and labor unions.

B. The license fee is two hundred eighteen dollars ($218.00) per quarter, plus one hundred forty-three dollars ($143.00) per quarter for each additional table in excess of three (3) tables. (Ord. 1030 § 2(4), 2018; Ord. 583 § 18, 1977; Ord. 265 § 73D (part), 1959)

A. “Carnival” includes carnivals, tent theaters, animal shows, and temporary entertainment under tent or temporary structure.

B. The license fee is two hundred eighteen dollars ($218.00) for the first day, and sixty-two dollars ($62.00) for each additional day. (Ord. 1030 § 2(4), 2018; Ord. 583 § 19, 1977; Ord. 265 § 73D (part), 1959)

A. “Hospital” includes hospitals, sanitariums, rest homes, mortuaries and funeral parlors.

B. For gross receipts of five thousand dollars ($5,000.00) or less, the license fee is thirty-seven dollars and fifty cents ($37.50) per year, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts. (Ord. 1030 § 2(4), 2018; Ord. 583 § 20, 1977; Ord. 401 § 27, 1971; Ord. 265 § 73D (part), 1959)

A. Fortunetelling includes such activities as fortunetelling, palmistry, clairvoyance, spiritualism, phrenology, astrology and other allied practices.

B. The license fee is thirty-seven dollars and fifty cents ($37.50) per year, plus seventy-five cents ($0.75) for each one thousand dollars ($1,000.00) of gross receipts. (Ord. 1030 § 2(4), 2018; Ord. 583 § 22, 1977; Ord. 502 § 2, 1974)

Machine Wrecking.

The license fee for junk dealers, secondhand dealers, or collectors is seventy-five dollars ($75.00) per year. (Ord. 1030 § 2(4), 2018; Ord. 583 § 23, 1977)

A. In addition to the requirements of Larkspur Municipal Code Section 5.34.010, any application for licensing a fire sale, rummage sale, closing-out sale, auction sale, liquidation sale or sale of a similar nature, shall set forth and contain the following information:

1. Description, by street location and kind of building, of the location at which the sale is to be held;

2. The nature of the occupancy, whether by ownership, lease or sublease and the effective date of the
termination of such tenancy;

3. A statement of the means or the methods of advertising to be used in advertising such sale;

4. The facts in regard to the insurance, bankruptcy, insolvency, assignment, mortgage foreclosure,
administration, receivership, trusteeship, removal or other cause advertised to be the reason for the
proposed sale;

5. An inventory or statement, in such form and in such detail as the City Clerk may require, setting forth the
amount and description of goods, wares, and merchandise to be sold at such sale and, when required by the
City Clerk, the date of acquisition of such goods, wares, or merchandise and the persons from whom
obtained and place from which said goods were last taken.

The City Clerk may require that all goods, wares, and merchandise listed upon the inventory or statement
shall be so described in detail by manufacturer’s name and lot number and the individual number of articles
so numbered so that the identity of such goods with the goods listed on such inventory can be readily
determined.

In addition to the matters set forth in Larkspur Municipal Code Section 5.34.030, the City Council, in its
hearing, shall consider whether:

a. The statements in the application are true;

b. The inventory is complete;

c. The advertising set forth is false, fraudulent, deceptive, or misleading in any respect; or

d. The methods to be used by the applicant in conducting the sale are not such as will work a fraud
upon the purchasers.

The City Clerk may refuse a permit because of the insufficiency of the information set forth in the application
but, in such event, the City Clerk shall grant the applicant permission to file an amended application.

Each such permit issued shall have printed, written or stamped on the face thereof the following: “This permit
is granted by the City and accepted by the permittee upon the condition that such permittee complies with
and abides by all the provisions of Larkspur Municipal Code Section 5.34.130,” with a line thereunder for
signature by the permittee and a witness.

At the time of the delivery of said permit, such statement must be signed by the permittee in the presence of
an employee of the City who shall sign as a witness.

B. No application for any such permit shall be accepted by the City Clerk for filing unless accompanied by a filing fee in the amount of one hundred fifteen dollars ($115.00), no part of which shall be refundable or applicable to the business license. This is in addition to the one hundred fifteen dollars ($115.00) per month license fee. Any permit issued under the provisions of this section shall authorize the one type of sale named in the application, at the place named therein, for a period of not more than thirty (30) calendar days, and shall permit the sale of goods only which are set out in the application, all of which goods throughout the duration of the sale must be definitely separated from any other goods displayed at or within the store or place of business, and all advertising, signs or notices referring to or calling attention to the sale must be confined to the display of goods involved in the sale; provided, however, that the City Clerk may, upon payment of renewal fee in the amount of one hundred fifteen dollars ($115.00), renew the permit for an additional thirty (30) days. No further renewals may be granted without the approval of the City Council. (Ord. 1030 § 2(4), 2018; Ord. 583 § 24, 1977; Ord. 401 § 30, 1971; Ord. 265 § 73D (part), 1959)