Needles Municipal Code Art. 12 II Schedule Of Fees

12-22 Applicability Of Article 12-23 Advertising--Agencies 12-24 Same--Billboards 12-25 Same--Commercial Sign Painting 12-26 Same--Electric Sign Advertising And Service 12-27 Same--Distribution Of Handbills, Samples, Etc. 12-28 Ambulances And Invalid Coaches 12-29 Deleted By Ordinance No 88-AC 12-30 Amusements--Boxing, Wrestling, Etc. 12-31 Same-Circuses, Carnivals, Menageries, Etc. 12-32 Same--Concerts, Lectures, Theatricals, Etc. 12-33 Same--Dances And Dance Halls

12-34 Same--Merry-Go-Rounds 12-35 Same--Outdoor Festivals 12-36 Same--Penny Arcades 12-37 Same--Skating Rinks 12-38 Appraisers 12-39 Auctions 12-40 Awnings 12-41 Check Rooms 12-42 Cold Storage Lockers 12-43 Collections Agencies 12-44 Contractors And Subcontractors 12-44.1 Small Operations Or Maintenance 12-45 Dancing Academies 12-46 Dressmaking 12-47 Dry Cleaning 12-48 Fortunetelling And Other Similar Practices 12-49 Garbage And Refuse Collection, Cesspool Cleaning, Etc. 12-50 Hospitals 12-51 Repealed By Ordinance No 77-AC 12-52 House Moving 12-53 Janitorial Services And Supplies 12-54 Laundries 12-55 Locksmiths, Knife Sharpening, Etc. 12-56 Food Catering Service 12-57 Deleted By Ordinance No 32-AC 12-58 Oil Products Distribution 12-58.1 Oil Products Distribution From Nonfixed Place Of Business 12-59 Pawnbrokers 12-60 Peddlers, Solicitors, Etc.--Itinerant Peddlers 12-60.1 Same--Transient Merchants 12-60.2 Same--Jobbers 12-61 Same--Itinerant Photographers 12-62 Same--Solicitors Generally 12-63 Same--Soliciting For Sales, Etc., Of Automobiles 12-64 Same--Soliciting Patent Medicines, Etc. 12-65 Pest Control 12-66 Repealed By Ordinance No 77-AC 12-66.1 Repealed By Ordinance No 77-AC 12-67 Real Estate Brokers And Salesmen 12-68 Businesses And Professions Generally 12-68.1 Short Term Rental Property 12-68.2 Long Term Residential Rental Property(s) 12-68.3 Short Term Residential Rentals 12-69 Secondhand Dealers 12-70 Service Stations 12-71 Shoe Shining Stands (Reserved) 12-72 Vehicle Delivery--Dairy Products (Reserved)

12-73 Vehicles For Hire--Generally 12-74 Same--Trucks 12-75 To 12-76.1 Repealed By Ordinance No 79-AC 12-77 Same--Automatic Photograph Machines (Reserved) 12-78 Repealed By Ordinance No 77-AC 12-79 Bingo

12-22 Applicability Of Article

The amounts necessary to be paid and the rates of licenses for the businesses named in this article, shall be and the same are hereby fixed and established, and the same shall be paid by persons engaged in such businesses. (Ord. 215 N.S.)

12-23 Advertising--Agencies

For every person engaging in, conducting, managing or carrying on the business of advertising agency, the license fee shall be sixty dollars per year. (Ord. 215 N.S.)

12-24 Same--Billboards

For every person engaged in, managing, conducting, operating or carrying on the business of advertising by lease, operating or maintaining billboards in the city, the license fee shall be ten dollars per year for each billboard place as so leased, operated or maintained within the city.

No billboards shall be erected or placed upon any location until a permit so to place such billboard has been secured from the building inspector.

No license shall be required under this section from any person maintaining a regular place of business within the city and advertising his own merchandise by a sign or billboard located or attached to his own building, and no license shall be required under this section from owners of real estate or their agents in advertising their property for sale or lease by means of billboards located upon the property advertised for sale or lease, or advertising signboards.

The size, dimension and location of billboards shall be in accordance with the rules and regulations established and adopted by the city council. (Ord. 215 N.S.; Ord. 219 N.S.; Ord. 6-AC.)

12-25 Same--Commercial Sign Painting

For every person engaging in, conducting, managing or carrying on the business of painting, manufacturing, erecting or constructing commercial signs, or submitting a bid thereon, the license fee shall be thirty dollars per year. (Ord. 215 N.S.)

12-26 Same--Electric Sign Advertising And Service

For every person engaged in conducting, managing or carrying on the business of advertising by means of an electric sign, where such business is operated from other than a fixed place of business in the business or industrial zone, and which business is not upon the tax rolls of the city, the license fee shall be sixty dollars per year for each vehicle used in such business. (Ord. 215 N.S.)

12-27 Same--Distribution Of Handbills, Samples, Etc.

For every person engaged in conducting, managing or carrying on the business of advertising by distributing circulars or samples in the city, the license fee shall be ten dollars per day.

No license shall be required from any person maintaining a regular place of business within the city and advertising his own merchandise and paying a regular license fee under another section of this chapter. (Ord. 215 N.S.)

12-28 Ambulances And Invalid Coaches

For every person engaging in, conducting, managing or carrying on the business of operating an ambulance or invalid coach, the license fee shall be sixty dollars per year; provided, that this section shall not apply to any person carrying on a business which is taxed under the gross receipts provisions of this chapter, and where the ambulance or invalid coach service is an incident of such business.

For the purposes of this section, the term “invalid coach” is defined to mean and include a vehicle to transport the sick and infirm from place to place, such vehicle not being an emergency vehicle. (Ord. 215 N.S.)

12-29 Deleted By Ordinance No 88-AC

12-30 Amusements--Boxing, Wrestling, Etc.

For every person engaged in, conducting, managing or carrying on a boxing, wrestling or sparring exhibition, where admission is charged, donations made or collections taken from such exhibitions, the license fee shall be ten dollars per day. (Ord. 215 N.S.)

12-31 Same-Circuses, Carnivals, Menageries, Etc.

For every person engaged in conducting, managing or carrying on a circus or menagerie, having a seating capacity of one thousand or less, the license fee shall be fifty dollars per day; and having a seating capacity in excess of one thousand, the license fee shall be seventy-five dollars per day.

For every sideshow conducted in conjunction with a circus or menagerie and under the same management, the license fee shall be five dollars per day.

For every parade or procession conducted in conjunction with a circus or menagerie, and under the same management, the license fee shall be five dollars per day.

For every parade or procession conducted by or under the management of a circus or menagerie, where such circus or menagerie is conducted outside of the city, the license fee shall be twenty-five dollars per day.

For every person engaging in, conducting, managing or carrying on a carnival, the license fee shall be fifty dollars for the first day; and fifty dollars for each succeeding day.

For every person engaging in, conducting, managing or carrying on a side show or after-show to a circus, and not conducted under the same management, and when separate admission is charged, or donation of money in any manner received therefor, the license fee shall be twenty-five dollars per day. (Ord. 215 N.S.)

12-32 Same--Concerts, Lectures, Theatricals, Etc.

For every person engaging in, conducting, managing or carrying on any place of amusement, entertainment or exhibition for the purpose of holding lectures, concerts, theatricals or any other form of entertainment or exhibition except outdoor festivals as hereafter defined in section 12-35, for profit, and not otherwise paying a license under any other section of this chapter, the license fee shall be ten dollars per day. (Ord. 215 N.S.; Ord. 31-AC.)

12-33 Same--Dances And Dance Halls

For every person engaging in, conducting, managing or carrying on a public dance hall or a public place where dancing is the chief form of amusement, or is incidental to some other form of business, the license fee shall be sixty dollars per year.

For every person engaging in, conducting, managing or carrying on a single or occasional dance, where object is advertisement or gain, where gain is derived through admission fees, collections, donations or any other means, the license fee shall be five dollars per dance. (Ord. No. 215 N.S., § 27; Ord. No. 6-AC.)

12-34 Same--Merry-Go-Rounds

For every person engaging in, conducting or managing or carrying on a merry-go-round, the license fee shall be five dollars per day. A day shall be considered to end at 12:00 P.M. midnight. (Ord. No. 215 N.S., § 27; Ord. No. 6-AC.)

12-35 Same--Outdoor Festivals

“Outdoor festival” means any music festival, dance festival, “rock” festival or similar musical activity, at which music is provided by paid or amateur performers or by prerecorded means, which is held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of conducting such activities or similar activities and to which members of the public are invited or admitted for a charge or free of cost.

1. License Requirement. No person shall operate, maintain, conduct, advertise or sell or furnish tickets for an outdoor festival in the city unless he shall first obtain a license from the city to operate or conduct such festival.
2. License Application. Application for a license to conduct an outdoor festival shall be made in writing to the clerk of the city council at least sixty days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee of one hundred dollars and shall contain the following information: 1. The name, age, residence and mailing address of the person making the application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice president and secretary thereof and must contain the addresses of such corporate officers; a certified copy of the articles of incorporation shall be submitted with the application. 2. A statement of the kind, character or type of festival which the applicant proposes to conduct, operate or carry on. 3. The address or legal description of the place where the proposed festival is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the festival is to be conducted or a statement signed by the owner of the premises indicating his consent that the site be used for the proposed festival. 4. The date or dates and the hours during which the festival is to be conducted.

5. An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted. 6. The applicant shall provide names and addresses of anyone contributing, investing or having a financial interest greater than five hundred dollars in producing the festival. 7. At the time of making application the applicant and such other interested parties as determined necessary by the city clerk shall arrange to be fingerprinted by the office of the chief of police.
6. Festival Plans. A detailed explanation of the applicant’s plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and onsite traffic control and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities. The applicant’s plans shall include what provisions shall be made for number of spectators in excess of the estimate, provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities including those parking, egress and ingress shall be submitted with the application.
7. Processing Application. Upon receipt of a complete application and the application fee, the clerk of the city council shall set the application for public hearing at a regular meeting of the city council, not less than fifteen days nor more than thirty days thereafter, and shall give not less than ten days written notice thereof to the applicant. He shall promptly give notice of hearing and copies of the application to the chief of police, health officer, planning commission and the director of building and safety, who shall investigate the application and report in writing to the city council not later than the hearing, with appropriate recommendations related to their official functions as to granting a license and conditions thereof.
8. Consideration of Application by City Council. Based upon the testimony of the witnesses and evidence presented at the hearing, including the reports of the department heads, the city council shall grant the license, deny the license, or set conditions which must be met, or security given that they will be met, before a license may be granted. If conditions are imposed by the city council, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license may be issued by the clerk.
9. Issuance; License Fee; Nontransferable License. When the city clerk certifies that conditions have been met, the city clerk shall, upon payment of one hundred dollars per day of operation, issue a license specifying the name and address of the licensee, the kind of festival licensed and the number of days’ operation authorized. The licensee shall keep such license posted in a conspicuous place upon the premises at which the festival is conducted. No license issued pursuant to this section shall be transferable or removed to another location.
10. Licensing Conditions. At the hearing required under section 12-35 (d), the city council may establish conditions which must be met prior to the issuance of any license under this section, except that the council may take a matter under submission before determining which conditions shall be imposed. Where the council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within fifteen days of the original hearing. The conditions which may be imposed by the council pursuant to the city’s general police power for the protection of health, safety and property of local residents and persons attending festivals in the city, are as follows: 1. Police Protection. Every licensee shall employ at his own expense, police protection. The number and type of officers shall be determined and specified by the chief of police to provide for the preservation of order and protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate shall be deposited with the city at least ten days prior to the specified date the activity is to occur. A

minimum of three law enforcement officers for every five hundred persons or fraction thereof expected to be in attendance shall be required.

Where the chief of police specifies the employment of off duty peace officers to meet the requirements of this section, such peace officers shall be under the complete direction and control of the chief of police. The chief of police must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued. 2. Water Facilities. Every licensee shall provide from a water purveyor operating under a permit as required under section 4011 of the State Health and Safety Code an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license.

The minimum supply of water to outdoor festivals shall be fifteen gallons of water for each person in attendance per day. All water shall meet U.S. Public Health Service Standards. Public and private flush type water closets, lavatories and drinking facilities shall be required as determined by the health officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code, the San Bernardino County Code titles 3 and 6, and Needles City Code chapter 17, and be subject to the prior approval of the health officer and chief building inspector. 3. Food Concessions. Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, the applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires must be licensed and operate under a valid health department permit pursuant to local ordinances and state laws. Every licensee shall provide at least one flush type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the health officer. Under no circumstances shall the health officer allow such flush type water closets and lavatories to be located more than fifty feet from food concession or operation. All lavatories required in conjunction with food concessions and food operations shall be provided with hot and cold water under pressure which shall be dispensed by an approved type mixing faucet.

All sewage, sink waste and waste water from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the health officer and chief building inspector. 4. Sanitation Facilities Required. Every licensee shall provide at least one enclosed flush type water closet facility marked “Men” and one such facility marked “Women” on the premises of a festival on the basis of one flush type water closet for each forty males and one for each forty females expected to be in attendance. Urinals may be substituted for the required flush type water closets for men on the ratio of one urinal and one flush type water closet per sixty males.

Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each seventy-five persons expected to be in attendance. 5. Access and Parking Control. Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the city

system of streets or which is a street or highway maintained by the county or the state. A special accessway for fire equipment, ambulances and other emergency vehicles shall be required. The chief of police must approve the licensee’s plan for ingress and egress before a license shall be issued. Additionally, any applicant shall be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area. 6. Hours of Operation. All festivals which are subject to license under this section shall close and cease operation continuously between the hours of 2:00 A.M. and 6:00 A.M. of each and every day. 7. Illumination. Every licensee planning to conduct a festival after dark, or planning to allow persons who attend the festival to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The director of building and safety must approve an applicant’s light plan as a prerequisite to issuance of a license hereunder.

A licensee shall be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

Illumination Watts/Sq. Ft.

Open areas reserved for spectators 0.50

Stage areas 5.00

Parking & overnight areas 0.25

Restroom & concession areas 1.00

8. Overnight Camping Facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the California Administrative Code title 25 for mobile home parks, special occupancy trailer parks and campgrounds including travel trailer parks, recreational trailer parks, temporary trailer parks incidental camping areas and tent camps. Such areas and facilities shall be approved by the health officer and chief building official prior to the issuance of any license.

9. Bonds. Any licensee may be called upon to post an indemnity bond or a performance bond in favor of the city in connection with the operation of a festival. Bonds required by this section must be approved by the city attorney prior to the issuance of a license. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the state by the department of insurance, in a penal amount determined by the city council. Such bond shall indemnify the city, its agents, officers, servants and employees and the city council against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with the festival, and shall indemnify against loss, injury and damage to both person and property. Additionally, the city may demand that applicant provide corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the city and the owners of property adjoining the festival site for any costs necessitated for cleaning up or removing debris, trash or other waste from, in and around the premises. Such bond shall be in an amount determined by the city council.

10. Fire Protection. Every licensee shall provide, at his own expense, adequate fire protection as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the event is located in a hazardous fire area as defined by the city Fire Code, a suitable number of fire guards shall be employed by the licensee who shall be approved by the chief of the responsible fire protection agency or agencies. Flammable vegetation and other fire hazards shall be removed in a manner in such quantity as determined by the fire chief. First aid fire extinguishment equipment shall be provided as directed by the fire chief.

    11. Financial Statements. Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters or applicants to meet the conditions of the permit.
    12. Communications. Licensee shall be required to establish a communication system for public use where ordinary communications are not available.
    13. Number of Admissions. The number of persons admitted and the number of admission tickets shall be limited to that number authorized by the city council. The number shall be based upon recommendations of the chief of police, health officer, director of building and safety, planning commission and street department and other pertinent information. Admission shall be limited to those persons holding tickets and applicant shall demonstrate to the city council an adequate procedure or plan for preventing persons without tickets from entering or otherwise gaining unauthorized admission to the event.
    14. Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a festival.

11. Grounds for Denial of License; Notice of Denial. After holding the required public hearing the city council may deny issuance of the license if it finds any of the following: 1. That the applicant fails to meet the conditions imposed pursuant to this section. 2. That the proposed festival will be conducted in a manner or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the city or the laws of the state. 3. That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to this section. 4. That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance. 5. That the applicant, his employee, agent or any person associated with the applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of: 1. an offense involving the presentation, exhibition or performance of an obscene production, motion picture or play; or of selling obscene matter; or 2. an offense involving lewd conduct; or 3. an offense involving the use of force and violence upon the person of another; or 4. an offense involving misconduct with children; or 5. a felony offense.

Where the application is denied, the clerk of the city council shall mail to the applicant written notice of denial within fourteen days of the action, which notice shall include a statement of the reasons the application was denied. 9. Revocation of License. The city council shall have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist: 1. The licensee fails, neglects or refuses to pay to the city clerk the fee prescribed by this section.

2. The licensee, his employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this section. 3. The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the city or the laws of the state. 4. The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor, or any narcotic or dangerous drug. 5. The licensee, his employee or agent, is convicted of any of the offenses enumerated under section 12-35(h).
   10. Notice of Intent to Revoke; Hearing. Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The clerk of the city council shall give notice, setting forth the causes for revocation and shall state the time and place at which the matter of revocation will be heard before the city council. Such notice shall be mailed not later than ten days prior to the date set for the hearing. The city council shall hear all interested parties and may revoke a license only for one or more causes enumerated by section 12-35(i).
   11. Violations; Remedies of City. It shall be unlawful for any licensee, employee, agent or person associated with such licensee, to do any of the following: 1. Conduct or operate a festival without first procuring a license to do so.
       2. Sell tickets to a festival without a license first having been obtained.
       3. Operate, conduct or carry on any festival in such a manner as to create a public or private nuisance.
       4. Exhibit, show or conduct within the place of festival any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit no matter by what name designated. 5. Allow any person on the premises of the licensed festival to cause or create a disturbance in, around or near any place of festival by offensive or disorderly conduct.
       5. Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in a place of a festival except where such consumption or possession is expressly authorized under the terms of this section and under the laws of the state. 7. Knowingly allow any person at the licensed festival to use, sell or be in possession of any narcotic or dangerous drug while in, around or near a place of the festival.

   Any of the above enumerated violations shall constitute a criminal act and shall be punishable pursuant to ordinances of the city and the laws of the state. It is provided, however, that the city retains any and all civil remedies, including the right of civil injunction for the prevention of such violations and for the recovery of money damages therefor. (Ord. No. 215 N.S., § 27; Ord. No. 6-AC; Ord. No. 31-AC.)

12-36 Same--Penny Arcades

For every person engaging in, managing, conducting or carrying on, maintaining or operating a certain amusement device known as a penny arcade, the license fee shall be one hundred dollars per month. (Ord. No. 215 N.S., § 27.)

12-37 Same--Skating Rinks

For every person engaging in, managing, conducting or carrying on a skating rink, the license fee shall be thirty dollars per year or any fraction thereof.

12-38 Appraisers

For every person engaging in. managing, conducting or carrying on the profession of appraiser in the city, the license fee shall be thirty dollars per year; provided that any person licensed to practice law, or any real estate broker or salesman, who has paid a license fee under this chapter, shall be exempt from paying a further fee as an appraiser. (Ord. No. 215 N.S., § 27.)

12-39 Auctions

For every person engaging in, managing or carrying on the business of selling at auction real estate or any chattels, goods, wares or merchandise, the license fee shall be sixty dollars per year.

For every person engaging in, managing or carrying on the business of selling at auction real estate or any chattels, goods, wares or merchandise a single time, the license fee shall be five dollars per day. A day shall be considered to end at 12:00 P.M. midnight. (Ord. No. 215 N.S., § 27; Ord. No. 6-AC.)

12-40 Awnings

For every person engaged in, managing, conducting or carrying on the business of selling, constructing and repairing awnings in the city, and operating from other than a fixed place of business in the business or industrial zone, and which business is not in the tax rolls of the city, the license fee shall be thirty dollars per year. (Ord. No. 215 N.S., § 27.)

12-41 Check Rooms

For every person engaging in, managing, conducting or carrying on the business of a check room for the checking or storage of parcels and other personal property, and receiving a fee or compensation, the license fee shall be thirty dollars per year; provided, that no license fee shall be charged under this section for any person operating or conducting a check room as an incident to, and integral part or, another business which is subject to a license fee under some other section of this chapter.

12-42 Cold Storage Lockers

For every person engaging in, managing, conducting or carrying on the business of operating or renting cold storage lockers for the purpose of storing food stuffs, the license fee shall be thirty dollars per year for the first one hundred or less lockers, and the additional sum of five dollars per year for each additional one hundred lockers, or fraction thereof. (Ord. No. 215 N.S., § 27.)

12-43 Collections Agencies

For every person engaging in, managing, conducting or carrying on the business of a collection agency, the license fee shall be thirty dollars per year, or fraction thereof. (Ord. No. 215 N.S., § 27.)

12-44 Contractors And Subcontractors

1. General Contractor. For every person engaging in, conducting or carrying on the general contracting business, the license fee shall be one hundred dollars per year, or fraction thereof. After contract awards exceed one hundred thousand dollars in any fiscal year the licensee shall also pay quarterly, one dollar per one thousand dollars of contracts awarded to the contractor during the quarter for work to be performed within the city. For purposes of this section the contractor may exclude contracts for which valid building permits have been issued by the city if sales tax for all materials are credited to the city.

2. Subcontractors. For every person engaging in or carrying on the business of subcontractor, the license fee shall be seven dollars and fifty cents per day, or an annual license fee of thirty dollars per year, or fraction thereof, at the option of the subcontractor. After contract awards exceed thirty thousand dollars in any fiscal year the licensee shall also pay quarterly one dollar per one thousand dollars of contracts awarded to the contractor during the quarter for work to be performed within the city. For purposes of this section the contractor may exclude contracts for which valid building permits have been issued by the city if sales tax for all materials are credited to the city.
   3. The city clerk may issue a business license to any applicant enumerated in this section; provided, that such general contractor or subcontractor is in compliance with other provisions of this Code or any other ordinance of the city, and has a state license that is current and in good standing.
   4. Definition. For the purpose of this section, a “contractor” is a person who for either a fixed sum, price, fee, percentage, profit or other compensation, other than wages, undertakes or offers to undertake or purports to have the capacity to undertake to construct, alter, repair, add to or improve any building, highway, road, excavation or other structural project, development or improvement, or to do any part thereof; provided that the term “contractor” shall, unless specifically distinguished, include “subcontractor,” but shall not include anyone who merely furnishes material or supplies without fabricating the same into or consuming the same into the work of the contractor, or sole owners of property building thereon, a dwelling house intended for use of occupancy of such owner and his family; provided, that no more than one of such buildings shall be constructed in any one fiscal year. (Ord. 215 N.S.; Ord. 390 N.S.; Ord. 6-AC; Ord. 32-AC; Ord. 77-AC.)

12-44.1 Small Operations Or Maintenance

For every person engaged in the business of small operations as defined in the section 7048 of the Business and Professions Code of the state or is engaged in the business of maintenance, the license fee shall be thirty dollars per year, or fraction thereof, plus an additional fee of one dollar per one thousand dollars of gross revenues in excess of ten thousand dollars per year. (Ord. 6-AC; Ord. 32-AC.)

12-45 Dancing Academies

For every person engaging in conducting, managing or carrying on a dancing academy, where instruction is given or received, the license fee shall be fifteen dollars per year.

For the purposes of this section, a “dance academy” is defined to be a regularly established place of business where instructions in dancing and dancing lessons are given or taught, and a fee charged for such instruction or lessons. (Ord. No. 215 N.S., § 27.)

12-46 Dressmaking

For every person engaged in, managing, conducting or carrying on the business of dressmaking, where the person so engaged in such business employs one or more employees or furnishes the materials from which the garment is made, the license fee shall be fifteen dollars per year. (Ord. No. 215 N.S., § 27.)

12-47 Dry Cleaning

For every person engaged in, managing, conducting or carrying on the business of cleaning, sponging, pressing or dyeing clothing from other than a fixed place of business in the business or industrial zone, and which business is not upon the tax rolls of the city, the license fee shall be one hundred dollars per year;

provided, that no more than one vehicle is used in such business in the city; and for each additional vehicle so used, the license fee shall be fifty dollars per year. (Ord. No. 215 N.S., § 27.)

12-48 Fortunetelling And Other Similar Practices

For every person who engages in, manages, conducts or carries on, or practices, or who professes to practice, the profession or art of palmistry, phrenology, card reading, fortunetelling, hypnotism, mediumship or other similar professions or arts, and who demands or receives any fee or donation, or collects money for such practice, exercise or exhibition of his art therein, or who gives an exhibition thereof at any place within the city, the license fee shall be ten dollars per day. (Ord. 215 N.S., § 27.)

12-49 Garbage And Refuse Collection, Cesspool Cleaning, Etc.

For every person engaging in, conducting, managing or carrying on a business of operating or driving any vehicle used for the purpose of pumping cesspools, or removing or collecting rubbish, manure, waste material or refuse material of every kind, for each vehicle not having a fixed location in the city, the license fee shall be sixty dollars per year. (Ord. No. 215 N.S., § 27; Ord. No. 6-AC.)

As to refuse and garbage generally, see Ch. 16 of this Code.

12-50 Hospitals

For every person maintaining, conducting or managing a hospital, no license fee shall be charged. (Ord. No. 215 N.S., § 27.)

12-51 Repealed By Ordinance No 77-AC

12-52 House Moving

For every person moving a house or other structure, the license fee shall be five dollars per day during the period of time such house or structure is upon the public street or highway.

No license shall be issued until a permit is first obtained from the city clerk. (Ord. 215 N.S.)

12-53 Janitorial Services And Supplies

For every person engaging in, managing, conducting or carrying on the business of cleaning buildings, rooms or furnishings by compressed air or vacuum cleaner by means of any machine drawn, hauled, carried or propelled by hand power or the sale of janitorial supplies, the license fee shall be thirty dollars per year; provided, that if the person desiring to engage in such business applies for a license for a six months period only, the license fee paid for such six months period shall be twenty dollars.

12-54 Laundries

For every person owning, operating, managing or conducting a laundry without the city, who carries on or engages in the business of collecting or delivering laundry or soliciting orders for laundry business in the city, the license fee shall be one hundred dollars per year; provided, that no more than one vehicle is used in such business in the city; and for each additional vehicle so used the additional sum of fifty dollars per year.

Every such person shall pay an additional license fee of one hundred dollars per year for each laundry office or agency maintained within the city in any location other than a place of business which pays a license fee under another section of this chapter.

When laundry work is done or performed by the members of one family in a location in the city, other than in the business or industrial zone, no license fee shall be charged. (Ord. 215 N.S.)

12-55 Locksmiths, Knife Sharpening, Etc.

1. For every person engaging in, conducting, managing or carrying on the business of key making, grinding or sharpening or knives, scissors, cutlery, lawnmowers or mechanical tools from a fixed pace of business, the license fee shall be thirty dollars per year.
2. For every person engaged in, managing, conducting, or carrying on the business of key making, grinding or sharpening of knives, scissors, cutlery, lawnmowers or mechanical tools, where the person conducting such business travels from place to place or from house to house, or operates from a wagon or other vehicle, the license fee shall be ten dollars per month.

12-56 Food Catering Service 12-56.1 Mobile Food Vendors 12-56.2 Purpose 12-56.3 Definitions 12-56.4 Mobile Food Truck And Food Trailer Regulations 12-56.5 Sidewalk Vendor Regulations 12-56.6 Prohibited Activities And Locations 12-56.7 Violations, Food Trucks And Food Trailers 12-56.8 All Other Violations

12-56 Food Catering Service

For every person engaged in, managing, conducting, or carrying on the business of a food catering service, the license fee shall be thirty dollars, per year or fraction thereof, providing, it is not part of a regularly established business licensed under another section of this Code. (Ord. 215. N.S.; Ord. 6-AC)

12-56.1 Mobile Food Vendors

12-56.2 Purpose

The purpose of this chapter is to provide a clear and streamlined permitting process for mobile food vendors and to establish proper permit and regulatory procedures to ensure the health and safety of the community while at the same time promoting business in the City and providing additional food choices for the City of Needles residents and visitors.

12-56.3 Definitions

"Mobile Food Vendor." A person or business that operates or assists in the operation of a vending vehicle.

"Vending Vehicle." A motorized device or vehicle by which any person or property may be propelled or moved upon a highway or street or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. Vending

vehicle shall not include a device moved exclusively by human power.

"Food Truck." A licensed, motorized vehicle or mobile food unit licensed by the Department of Motor Vehicles, designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.

"Food Trailer." A legally attached trailer to a licensed, motorized vehicle, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

"Sidewalk Vendor." A person who sells food or merchandise from a pushcart, stand, display, pedal­driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. Pedal driven cart shall include carts pulled by Class 1 eBikes.

"Food or Food Products." Any item described by California Health and Safety Code Section 113781.

"Goods or Merchandise." Any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise. For example, tangible items such as T-shirts and cameras are appropriate for sale as merchandise; however, cell phone service is not acceptable.

12-56.4 Mobile Food Truck And Food Trailer Regulations

A mobile food vendor may locate their vending vehicle in the CRR, C-1, C-2, C-3, and P zones in the public right-of-way as long as the mobile food vendor adheres to the following time, place, and manner restrictions:

1. The vending vehicle is in full compliance with all parking and California Vehicle Code provisions which apply to the location at which it is parked.
   2. The vending vehicle or its customers do not obstruct pedestrian or vehicular traffic in any manner.
   3. No mobile food vendor shall operate a vending vehicle: 1. Within a space reserved for emergency ingress or egress. 2. Within ten (10) feet from the outer edge of any entrance of any business during the hours that such business is open to the public. This prohibition may be waived with the written consent of such business. For purposes hereof, the term "entrance" includes but is not limited to doors, vestibules, driveways, and outdoor dining area entries. 3. Within twenty-five (25) feet of any street intersection controlled by a traffic light, crosswalk, or stop sign. 4. Within twenty-five (25) feet of a bus stop. 5. Within three hundred (300) feet of the nearest property line of any property in which a public or private school building is located, between the hours of seven a.m. and five p.m. of any school day. For purposes of this chapter, "public school" shall be defined as a school governed or operated by a unified school district or other similar public entity. This prohibition may be waived for special events for which the City issues a permit, or by written permission of the Needles Unified School District or any other entity which operates the applicable school.
   4. The mobile food vendor must be in compliance with Health and Safety Code Section 114315(a), in that the food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that

restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period. A mobile food vendor must provide at least one hand sanitizer dispenser for the public's use. 5. The mobile food vendor and employees shall keep the vending area litter free. The mobile food vendor must remove litter produced by its operations from any public and private property within a one hundred (100) foot radius of the vending vehicle's location. A mobile food vendor must provide at least one thirty-gallon trash receptacle in the vicinity of the vending vehicle for the deposit of waste materials generated by customers in connection with the mobile food vendor's operations. 6. The mobile food vendor and employees shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, sewer facilities or private property. All discharges shall be contained and properly disposed of by the mobile food vendor. 7. Vending is prohibited on the exposed street and/or traffic side of the vending vehicle. 8. Noise and amplified music is not permitted. 9. A vending vehicle may not serve customers between the hours of 10 p.m. and 8 a.m. 10. The vending vehicle shall comply with the California Vehicle Code at all times. 11. All food products sold or provided from the vending vehicle shall comply with all applicable food labeling requirements established by the State of California. 12. The mobile food vendor shall have a valid permit issued by the San Bernardino County Department of Environmental Health Services. All required county health permits must be in the possession of the mobile food vendor at all times during which it operates within the City. All food trucks and trailers must be parked at an approved commissary when not in use. 13. A mobile food vendor shall be permitted by the City through its zoning permit application and business license. The zoning permit fee is fifty-two dollars ($52.00) and may be amended from time to time by resolution. 14. All cooking equipment producing grease laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system. A class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code. 15. The mobile food vendor shall maintain insurance, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, or as deemed acceptable at a reasonable discretion of the City's Risk Manager or designee. The mobile food vendor shall provide to the City written certification thereof, against liability for death or injury to any person and damage to property as a result of ownership, operation, or use of its mobile food facilities. The City Council may adopt insurance requirements as set by resolution. In addition, the vendor shall indemnify, defend and hold the City harmless from any claims arising out of or related to the vendor's ownership, operation, or use of its mobile food facilities, except as otherwise permitted by applicable law. 16. The mobile food vendor shall comply with all applicable state, county and local laws. 17. A mobile food vendor operating on a regular basis in the City shall have a valid business license issued by the City. 18. A mobile food vendor operating in the City as part of a special event as defined by the County of San Bernardino would be required to comply with a Temporary Food Facility permit from the County, and the normal commissary requirement would be waived. 19. Pursuant to Section 12-56.1 of the Needles City Code, pertaining to special event food vendors, for every person engaged in, managing, conducting or carrying on the business of a special event food vendor, the license fee shall be thirty dollars ($30.00) per event, providing it is not part of a regularly established business licensed under another section of this code and may be amended from time to time.

12-56.5 Sidewalk Vendor Regulations

1. Any sidewalk vendor with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold, in accordance with Health & Safety Code section 114368.1 /a) is exempt from the requirements of 12-56.5(8), except that the sidewalk vendor shall comply with all of the following as set forth in the Health & Safety Code, as may be amended from time to time: sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399; Chapter 1 (commencing with Section 113700); Chapter 2 (commencing with Section 113728).

   2. A sidewalk vendor shall adhere to the following: 1. The sidewalk vendor shall have a valid California Department of Tax and Fee Administration seller's permit. 2. All food products sold or provided by the sidewalk vendor shall comply with all applicable food labeling requirements established by the State of California. 3. The sidewalk vendor shall have a valid permit issued by the San Bernardino County Department of Environmental Health Services. All required county health permits must be in the possession of the mobile food vendor at all times during which it operates within the City. 4. The sidewalk vendor shall have a valid business license issued by the City. 5. A sidewalk vendor is required to submit information on their operations, including, but not limited to, any of the following: 1. The name and current mailing address of the sidewalk vendor. 2. A description of the merchandise offered for sale or exchange. 3. A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true. 4. The California seller's permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor. 5. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
   3. Exempt and non-exempt sidewalk vendors may operate on all sidewalks and public parks and shall adhere to the following: 1. Stationary sidewalk vending is prohibited in City-owned parks where the park operator has signed an agreement for concessions that exclusively permit the sale of food or merchandise by the concessionaire. 2. The sidewalk vendor shall not obstruct pedestrian or vehicular traffic in any manner. 3. No sidewalk vendor shall operate: 1. Within a space reserved for emergency ingress or egress. 2. Within 100 feet of a permitted certified farmer's market or swap meet during the hours of operation of that farmer's market or swap meet. 3. Within 100 feet of an area designated for a temporary special event permit issued by the City during the hours of operation of the special event. 4. The sidewalk vendor shall keep the vending area litter free. The sidewalk vendor must remove litter caused by its operations. 5. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, sewer facilities or private property. All discharges shall be contained and properly disposed of by the sidewalk vendor. 6. Vending is prohibited on public or private streets. 7. Noise and amplified music shall comply with all applicable noise standards. 8. A sidewalk vendor may not operate between the hours of 10 p.m. and 8 a.m. in commercial zones.

2. A sidewalk vendor may not operate between the hours of 8 p.m. and 8 a.m. in residential zones. 10. City representatives may inspect a sidewalk vendor during the facility's hours of operation and other reasonable times on the basis of a consumer complaint or just cause. 11. City may recover the costs of investigation and enforcement of this Ordinance.

12-56.6 Prohibited Activities And Locations

1. Mobile food truck, food trailer, or sidewalk vendors shall not engage selling of adult-oriented material, cannabis, tobacco, or alcohol.
2. Noise and sound amplification equipment including music shall comply with all applicable noise standards. Sound amplification equipment shall not be operated within five hundred (500) feet of hospitals, schools, or churches.
3. Mobile food truck or food trailer vendors shall not engage in vending in residential (R-1, R-2, and R-3) zones. Mobile food truck vending is prohibited in residential zones, with the exception of ice cream trucks.
4. Mobile food truck, food trailer, or sidewalk vendors shall not operate on City­-owned property without prior written authorization from the City.

12-56.7 Violations, Food Trucks And Food Trailers

Mobile food truck vending by any persons not in possession of a valid business license issued by the City failure shall constitute a violation. The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors.

12-56.8 All Other Violations

A violation of this ordinance is punishable by the following:

1. An administrative fine not exceeding one hundred dollars ($100) for a first violation.
2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
4. The City may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
5. The City shall administer fines for violations in accordance with Section 51038 of the California Government Code.
6. The fees assessed according to this section may be appealed according to the City's Appeal of Administrative Citation set forth in Chapter 2A, as may be amended from time to time. (Ord. 655-AC)

12-57 Deleted By Ordinance No 32-AC

12-58 Oil Products Distribution

Every person engaged in, managing, conducting or carrying on the business of distributing kerosene, oil, distillate, gasoline, lubricating oil or similar commodities by any vehicle, or maintaining agencies on behalf of any refinery, shall pay for each place of business so conducted, the license fee of sixty dollars per year. (Ord. 215. N.S.)

12-58.1 Oil Products Distribution From Nonfixed Place Of Business

Every person engaged in, managing, conducting or carrying on the business of distributing kerosene, oil, distillate, gasoline, lubricating oil or similar commodities by any vehicle, from a nonfixed place of business within the city limits, shall pay a business license fee of one hundred dollars per year for the first vehicle and fifty dollars per year for each additional vehicle. (Ord. 6-AC.)

12-59 Pawnbrokers

For every person engaged in, managing, operating or carrying on the business of pawnbroker, the license fee shall be two hundred dollars per year. (Ord. 215 N.S.)

As to pawnbrokers generally, see Ch. 10 of this Code.

12-60 Peddlers, Solicitors, Etc.--Itinerant Peddlers

For every person engaged in, managing, conducting or carrying on the business of an itinerant peddler of goods, wares or merchandise, not otherwise specifically licensed under any other provision of this chapter, the license fee shall be ten dollars per day.

For the purpose of this section an “itinerant peddler” is defined to be and include every person, whether principal or agent, not having a regular established place of business in the city, who travels from house to house, with a stock of goods, wares or merchandise for sale. (Ord. 215 N.S.; Ord. 6-AC.)

12-60.1 Same--Transient Merchants

For every person engaged in, managing, conducting or carrying on the business of a transient merchant the business license fee shall be fifty dollars for a period of not more than six months or fraction thereof. (Ord. 6- AC.)

12-60.2 Same--Jobbers

For every person engaged in, managing, conducting or carrying on the business of a jobber the business license fee shall be thirty dollars per year or fraction thereof. (Ord. 6-AC.)

12-61 Same--Itinerant Photographers

For every person engaged in, conducting, operating or carrying on or managing the business of selling, giving away or peddling tickets, checks or coupons to be used in payment or part payment for picture frames, pictures, portraits, photograph enlarging or retouching of the same, who does not maintain a fixed place of business within the city where such articles are kept or made, the license fee shall be one hundred dollars per year per person; provided, that should any person so engaging in such business desire to secure a license for a quarter year only, then the license fee for the quarter year is the sum of fifty dollars per quarter per person. (Ord. 215 N.S.)

12-62 Same--Solicitors Generally

For every person engaged in, managing, conducting or carrying on the business of solicitor or taking orders for goods, wares or merchandise sold to consumers, by or through solicitors direct to the consumer, whether the soliciting is done for immediate or future delivery, the license fee shall be five dollars per day.

For the purpose of this section, a solicitor is defined to be and include every person, whether principal or agent, who goes from house to house, or from place to place, in the city, selling or taking orders or offering to sell or take orders for goods, wares or merchandise, or any article for future delivery, or for services to be performed in the future or for the making, manufacturing or repairing of any article for future delivery.

This section shall apply only to solicitors who demand, accept or receive payment of deposits of money in advance of final delivery, and shall not apply to any employee, agent or representative of any person paying a license fee under another section of this chapter. (Ord. 215 N.S.)

12-63 Same--Soliciting For Sales, Etc., Of Automobiles

For every person soliciting orders for, or canvassing for orders for, or distributing advertising matter concerning, automobiles, or demonstrating the use of automobiles at a temporary place of business, or from place to place, the license fee shall be one hundred dollars per year, or fraction thereof. (Ord. 215 N.S.)

12-64 Same--Soliciting Patent Medicines, Etc.

For every person soliciting from house to house, or upon the streets of the city, the sale of any patent medicines, drugs or lotions of any kind, the license fee shall be twenty-five dollars per day. (Ord. 215 N.S.)

12-65 Pest Control

For every person engaging in, conducting, managing, or carrying on the business of extermination of termites, cockroaches and other pest extermination control, the license fee shall be thirty dollars per year. (Ord. 215 N.S.; Ord. 6-AC.)

12-66 Repealed By Ordinance No 77-AC

12-66.1 Repealed By Ordinance No 77-AC

12-67 Real Estate Brokers And Salesmen

1. For every person engaged in the occupation of real estate broker and engaged in or carrying on the business of leasing or selling real estate on commission, or making loans for other on commission, collecting rents as agents for others, in the transfer or sale of real estate in whatsoever manner the transactions are conducted, or profit determined upon, other than those carrying on the business of banking, the license fee shall be forty-five dollars per year for each broker.
2. For every person engaged in or carrying on the occupation of real estate salesman, who does not hold a state real estate broker’s license, the license fee shall be thirty dollars per year. (Ord. 215 N.S.)

12-68 Businesses And Professions Generally

For every person engaging in, managing, operating or carrying on the business of selling any goods, wares or merchandise, or conducting or carrying on any trade, occupation, calling or business, not otherwise specifically licensed by other sections of this chapter, the gross annual receipts of which are as follows, the respective license fees shall be as follows:

Less than $15,000 $30.00 per year

$15,000 and less than $30,000 $35.00 per year

$30,000 and less than $45,000 $50.00 per year

$45,000 and less than $60,000 $60.00 per year

$60,000 and less than $75,000 $70.00 per year

$75,000 and less than $90,000 $85.00 per year

$90,000 and less than $105,000 $105.00 per year

$105,000 and less than $120,000 $120.00 per year

$120,000 and less than $150,000 $140.00 per year

$150,000 and less than $225,000 $165.00 per year

$225,000 and less than $300,000 $195.00 per year

$300,000 and less than $375,000 $230.00 per year

$375,000 and less than $450,000 $280.00 per year

$450,000 and less than $600,000 $340.00 per year

$600,000 and less than $750,000 $450.00 per year

$750,000 and over $500.00 per year

(Ord. 215 N.S.; Ord. 6-AC; Ord. 32-AC; Ord. 77-AC.)

12-68.1 Short Term Rental Property

1. Overnight occupancy of short-term lodging unit(s) shall be limited to a specific number of occupants,
and the number of occupants shall not exceed that permitted by the provisions of Titles 14 (Building
and Construction) and 15 (Fire) of this code;
2. Occupants and/or guests of short-term lodging unit(s) shall not create unreasonable noise or
disturbances, engage in disorderly conduct or violate provisions of this code or any state law pertaining
to noise, collection and disposal of refuse, disorderly conduct, the consumption of alcohol or the use of
illegal drugs;
3. A valid business license issued by the city for the separate business of operating short-term lodging
unit(s) shall be obtained prior to renting short-term lodging; and
4. For every person engaging in, the renting or letting of residential units for purposes of dwelling,
sleeping or lodging for a period of thirty consecutive calendar days or less, the gross annual receipts of
which are as follows, the respective license fees shall be as follows:

Less than $15,000 $30.00 per year

$15,000 and less than $30,000 $35.00 per year

$30,000 and less than $45,000 $50.00 per year

$45,000 and less than $60,000 $60.00 per year

$60,000 and less than $75,000 $70.00 per year

$75,000 and less than $90,000 $85.00 per year

$90,000 and less than $105,000 $105.00 per year

$105,000 and less than $120,000 $120.00 per year

$120,000 and less than $150,000 $140.00 per year

$150,000 and over $165.00 per year

HISTORY Adopted by Ord. 555-AC Amending Chapter 12 and Adding Sec. 12-68.1 Short Term Rental Property on 8/27/2013 12-68.2 Long Term Residential Rental Property(s)

1. Issuance of License. 1. For any person who rents out more than two (2) residential properties in Needles for purposes of dwelling, sleeping or lodging for a period in excess of twenty-nine (29) consecutive days or more, a business license is required. Business license fees are based on the gross annual receipts. The respective license fees shall be as follows: Less than $15,000 $30.00 per year $15,000 and less than $30,000 $35.00 per year $30,000 and less than $45,000 $50.00 per year $45,000 and less than $60,000 $60.00 per year $60,000 and less than $75,000 $70.00 per year $75,000 and less than $90,000 $85.00 per year $90,000 and less than $105,000 $105.00 per year $105,000 and less than $120,000 $120.00 per year $120,000 and less than $150,000 $140.00 per year $150,000 and over $165.00 per year

   2. Renewal of License. 1. Business licenses for Long Term Residential Rentals renew at the same time as the registration for the Residential Rental Property Inspection Program. Prior to the expiration of the business license, and applicant shall process a renewal application for the Residential Rental Inspection Program. To ensure review of an application in a timely manner, an application must be provided to the City Clerk at least thirty (30) days prior to the expiration of the business license. However, no application for renewal of the license or permit shall be accepted earlier than ninety (90) days prior to the expiration of either. 2. No Business License shall be issued or renewed if the City determines that the Rental Dwelling Unit(s) and/or Subject Property/Properties upon which the Rental the Rental Dwelling Unit(s) is/are located is/are not in compliance with any provision of the Needles Municipal Code or International Building Code.
   3. License Denial. 1. In the event that the application to issue or renew a business license for “Long Term Residential Rentals” is denied by the City, the City Manager or his designee shall cause a “Notice of Denial” to be mailed by registered mail, postage prepaid, to the Applicant at the Applicant’s mailing address shown on the most recent application or otherwise filed by the Applicant with the City Manager

or his designee. Service ay also be made by personal service on the Applicant or by leaving the notice at the Applicant’s residence in the custody of a person over the age of eighteen (18) years of age or older. 2. Any person denied a business license for “Long Term Residential Rentals” pursuant to this Chapter shall not operate any Rental Dwelling Unit(s) within the City of Needles. An Applicant may appeal the denial to the City Council as provided in section 12.68.2(e). 4. Revocation of License. 1. A business license for “Long Term Residential Rental Units” issued under this Chapter shall be revoked by the City Manager or his designee upon one (1) or more of the following grounds: 1. That the Licensee practiced fraud or deceit in the process of obtaining a License. 2. That the Licensee violated any provision of this Chapter or any chapter of the Needles Municipal Code. 3. That the Rental Dwelling Unit(s) and/or Subject Property/Properties upon which the Rental Dwelling Unit(s) is/are located is/are not in compliance with any provision of this Chapter or the Needles Municipal Code. 4. That the Rental Dwelling Unit Business License was issued in error. 2. In the event that a business license for “Long Term Residential Rental(s)” is revoked, the City Manager or his designee shall cause a “Notice of Revocation” to be mailed by registered mail, postage prepaid, to the Licensee, at the Licensee’s mailing address shown on the most recent application or otherwise filed by the Licensee with the City Manager or his designee. Service may also be made by personal service on the Licensee or by leaving the notice at the Licensee’s residence in the custody of a person over the age of eighteen (18) years of age or older. 3. Any person whose License is revoked pursuant to this Chapter shall not operate a Rental Dwelling Unit within the City of Needles. A Licensee may appeal the revocation to the City Council as provided in section 12.68.2(e). A License shall remain revoked unless and until the City Council reinstates the License through the appeal process, or the person applies for and is issued a new License. 5. Appeal Rights. Any person denied a License under this Chapter, or any person whose License has been revoked under this Chapter, may appeal the determination to the City Council. Any such appeal must be in writing and must be filed with the City Manager or his designee not more than fifteen (15) days following service by the City Manager or his designee of the Notice of Denial or Revocation pursuant to section 12.68.2(e). A License shall remain revoked unless and until the City Council reinstates the License through the appeal process, or the person applies for and is issued a new License. 6. Standards of Operation. As a condition to the issuance or renewal of a Rental Dwelling Unit Business License under this Chapter, the owner, and the Owner’s Authorized Representative (if any), shall be responsible for complying with the following standards: 1. Each Rental Dwelling Unit, and the Subject Property/Properties upon which each Rental Dwelling Unit is located, shall be in compliance with all applicable laws including, but not limited to, those laws enforced by the County Fire Department, City Land Use Department, Building and Safety, and Code Enforcement, as well as the County Department of Public Health, and Division of Environmental Health Services. 2. Each Rental Dwelling Unit, and the Subject Property/Properties upon which each Rental Dwelling Unit is located, shall be in compliance with all applicable provisions of the City Code and applicable International Building Code (IBC). 3. Each Rental Dwelling Unit, and the Subject Property/Properties upon which each Rental Dwelling Unit is located, shall not be operated, conducted or maintained so as to constitute a public nuisance.

4. The Rental Dwelling Unit(s) and the Subject Property/Properties may be inspected by the City. 5. The owner or any Authorized Representative(s) of the owner shall be available in person, by telephone, by telephone answering machine, or by other electronic messaging device to authorized representatives of the City on a twenty-four (24) hour, seven (7) days a week, basis to receive calls regarding the condition and/or operation of the Rental Dwelling Unit(s) and Subject Property/Properties. Failure to respond to calls in a timely and appropriate manner may result in revocation of the License. For purposes of this subsection, responding in a timely and appropriate manner shall mean that: 1. A response to an initial call shall be made in a prompt and timely manner for the purpose of acknowledging the call and communicating a preliminary plan for any necessary corrective action, and, 2. Within thirty (30) calendar days of the initial call, any necessary corrective action to address any violation of this Chapter shall be completed, unless: 1. Failure to complete the necessary corrective action may jeopardize the health and safety of the occupants, in which case the corrective action shall be completed as quickly as reasonably possible; and/or, 2. The Building Official/Code Enforcement Officer determines that additional time to complete the corrective action was reasonable, based on licensee’s demonstration that the delay was not caused by the licensee, and the delay was caused by extraordinary circumstances that justify an extension of time to complete the corrective action.

12-68.3 Short Term Residential Rentals 12-68.3.010 Purpose 12-68.3.020 Applicability 12-68.3.030 Definitions 12-68.3.040 Permit Required 12-68.3.050 Application Process 12-68.3.060 Occupancy Standards 12-68.3.070 Conditions Of Operation 12-68.3.080 Enforcement 12-68.3.090 Suspension Of Permit 12-68.3.100 Revocation Of Permit 12-68.3.110 Hosting Platform Requirement

HISTORY Adopted by Ord. 649-AC Amending Chapter 12 and Adding Section 12-68.3 Short Term Residential Rentals on 4/12/2022 Amended by Ord. 679-AC on 2/24/2026 12-68.3.010 Purpose

The purpose of this Chapter is to establish a permit procedure, and maintenance and operational standards, for the use of legal residential dwelling units located in the City as transient occupancies, to ensure the health and safety of occupants, guests, and the surrounding residential neighborhood, and to minimize negative secondary effects associated with such use.

12-68.3.020 Applicability

The standards and permit procedures of this Chapter apply to any short-term rental or short-term residential rental unit offered, advertised, or operated within the City, where allowed by the City’s Zoning Ordinance, as may be amended from time to time, or as a legal nonconforming residential use located within a non- residential zoning district. ‘Short-term’ means thirty (30) days or less.

12-68.3.030 Definitions

The definitions in this section are intended to apply to this Chapter only. Any term which is not specifically defined herein shall have the definition as provided elsewhere within the Municipal Code.

1. "Booking Transaction" shall mean any reservation, booking, or payment service provided by a person that facilitates a transaction between a prospective Short-Term Residential Rental Unit Renter and a Short-Term Residential Rental Unit Owner for the occupancy of a short-term rental or Short-Term Residential Rental Unit.

   2. “Hotel” has the same meaning as set forth in California Government Code section 50991(a), and means a commercially operated hotel, motel, bed and breakfast inn, or similar transient lodging establishment, when all or part of the transient occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. For purposes of this chapter, a “hotel” shall not include a short-term rental facilitator as defined in subdivision (n).
   3. "Inspections-Initial" shall mean any inspection incident to the review of an application for an initial short-term rental or short-term residential rental unit permit. The City shall inspect the subject property to determine maximum occupancy and parking capacity for the property, and to verify compliance with the standards of this Chapter and of other applicable Municipal Code provisions.
   4. "Inspections-Renewal" shall mean the reinspection, upon the application for renewal of a short-term rental or short-term residential unit permit, whereby the subject property shall be inspected to ensure continued compliance with the standards of this Chapter and of other applicable Municipal Code provisions. Notwithstanding anything to the contrary, an applicant seeking renewal of a short-term rental or short-term residential rental unit permit shall comply with all applicable standards of this Chapter at the time of renewal.
   5. “Local agency” has the same meaning as set forth in California Government Code section 50991(b) and means a city, county, or city and county.
   6. “Marketplace” or “Hosting Platform” has the same meaning as set forth in California Government Code section 50991(c) and means a physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a short-term rental facilitator facilitates the occupancy of a short-term rental for delivery in this state regardless of whether the short-term rental or marketplace has a physical presence in this state.
   7. “Ordinance” has the same meaning as set forth in California Government Code section 50991(d) and refers to an ordinance of a local agency imposing a Transient Occupancy Tax.
   8. "Potentially Affected Property Owner" shall mean the owner of property that is located within the applicable distance from the short-term rental or short-term residential rental unit as set forth in the City's Land Use laws, as may be amended from time to time.
   9. “Purchaser” has the same meaning as set forth in California Government Code section 50991(e) and means a person who is required to pay the Transient Occupancy Tax and who uses a short-term rental facilitator to facilitate the occupation of a short-term rental within the jurisdiction of the local agency imposing the Transient Occupancy Tax.

2. "Responsible Department" shall mean the department or subdivision thereof designated by the City Manager to implement this Chapter.

   11. “Short-Term Residential Rental Unit Owner” shall mean the owner of a property, as shown by the most recent recorded deed or other instrument on file with the County Recorder that transfers, grants, or conveys total or partial ownership of a parcel, with a single-family dwelling unit that is being used as a short-term rental or short-term residential rental unit; any individual or organization working on behalf of such property owner; or any individual or organization that has the legal right to rent out, or allow the occupancy of, a single-family residential dwelling unit as a short-term rental or short-term residential rental unit.

3. "Short-Term Residential Rental Unit Renter" shall mean an individual who enters into an agreement or is authorized by the short-term residential rental unit owner, regardless of whether or not compensation is provided, the use of property as a short-term rental or short-term residential rental unit. Such renter is not considered a tenant or a person who hires a dwelling unit under Civil Code § 1940.

4. “Short-term rental” or “Short-Term Residential Rental Unit” means the occupancy of a home, house, room in a home or house, campsite, or other lodging that is not a hotel for a period of thirty (30) consecutive days or less, as regulated by this Chapter, regardless of whether the occupancy is facilitated by a short-term rental facilitator.

5. “Short-term rental facilitator” has the same meaning as set forth in California Government Code section 50991(g) and means a person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by the person or a related person or entity, and that does both of the following: 1. Directly or indirectly, through one or more related persons, engages in any of the following: 1. Transmits or otherwise communicates the offer or acceptance between the purchaser and the operator. 2. Owns or operates the infrastructure, electronic or physical, or technology that brings purchasers and operators together. 3. Provides a virtual currency that purchasers are allowed or required to use to facilitate the occupancy of a short-term rental from the operator. 4. Software development or research and development activities related to any of the activities described in paragraph (2), if such activities are directly related to facilitating short-term rentals. 2. Directly or indirectly, through one or more related persons, engages in any of the following activities with respect to facilitating short-term rentals: 1. Payment processing services. 2. Listing homes, houses, or rooms in homes or houses, campsites, or other lodgings that are not a hotel or motel, and that are not owned by that person or a related person, for rental on a short-term basis. 3. Setting prices. 4. Branding short-term rentals as those of the short-term rental facilitator. 5. Taking orders or reservations.

6. “Transient Occupancy Tax” has the same meaning as set forth in California Government Code section 50991(h) and means a tax imposed by a local agency on the privilege of occupying a short-term rental as specified and defined by the local agency in its ordinance.

12-68.3.040 Permit Required

1. A permitted structure for purposes of short-term residential use includes but is not limited to a single- family dwelling unit, a condominium, apartment, and duplex. A short-term residential unit owner may use a permitted structure as a short-term rental or short-term residential rental unit only if such owner has a current valid short-term residential unit permit and business license and complies with the requirements of this Chapter and other applicable provisions of the Municipal Code and other laws. A separate permit shall be required for each dwelling unit used as a short-term residential rental unit when there is more than one legal single-family dwelling unit or a duplex on the parcel. An accessory dwelling unit, primary dwelling unit, guesthouse, casita, or other residential accessory structure may be permitted as a short-term rental or short-term residential rental unit when at least one of the dwelling units (primary dwelling, accessory dwelling unit, or caretaker dwelling) is occupied by the property owner or an authorized agent designated in writing in the permit application. This owner-occupancy requirement shall not apply to a parcel two acres or greater. A maximum of two legal dwelling units per parcel of land may be approved for separate individual short-term rental or short-term residential rental unit permits. An individual unit, such as an apartment or condominium, located within a multi- family residential project, is not eligible for a short-term rental or short-term residential rental unit permit.
   2. Short-term residential unit renters are subject to the Transient Occupancy Tax (TOT) as set forth in Article 20-III of this Code, as may be amended from time to time.
   3. A short-term rental or short-term residential rental unit permit is transferable to the new owner of the rental unit in question, provided that the new owner informs the City of its desire to assume the responsibilities of holding the short-term rental or short-term residential rental unit permit in question within 30 days of taking title to the property. Within 30 days of taking title to the property, the new owner is also responsible to provide the City with the information necessary to satisfy the requirements of section 12-68.3.050(a)(1) through (7) herein, so that the City may be assured that the new owner understands its duties and responsibilities as the owner of a short-term rental or short-term residential rental unit.
   4. The annual permit fee is $568.00 and may be amended from time to time.

12-68.3.050 Application Process

1. Application. An application for a short-term rental or short-term residential rental unit permit shall be submitted to the City on a pre-approved form. The required content of the form may be revised from time to time, but at a minimum shall require the following: 1. Property owner name and contact information. 2. Applicant name and contact information, if different from the property owner 3. Address and Assessor's parcel number for the property containing the single-family dwelling unit, accessory dwelling unit or other permitted structure to be used as a short-term rental or short-term residential rental unit. 4. Total square footage of the single-family dwelling unit, accessory dwelling unit or other permitted structure to be used as a short-term rental or short-term residential rental unit. 5. The name of the managing agency, agent, or property manager, if different from the property owner, and a telephone number at which that party may be immediately reached on a 24-hour basis. The managing agency, agent, property manager and/or the property owner will be contacted about such issues as Code violations. 6. Acknowledgment that the permittee understands and agrees to operate the short-term rental or short-term residential rental unit in compliance with the regulations and requirements set forth in this Chapter.

2. Acknowledgment of restrictions in the vicinity of the short-term rental or short-term residential rental unit regarding such things as parking and access to the river and boat launches and alternate parking and/or routes that may be used by the renter.

3. Notification Requirements. 1. The City shall provide notice of the application to all potentially affected property owners when any of the following applies: 1. The application is submitted as a result of the issuance of a notice of violation due to the advertising of a dwelling unit for short-term residential rental use or use of a property as a short-term rental or short-term residential rental unit without a short-term residential rental unit permit. 2. During the processing of the application, the City is made aware of circumstances that would lead it to reasonably believe that the property has been used in violation of this Chapter, including but not limited to that the property was used as a short-term rental or short-term residential rental unit without a short-term residential rental unit permit. 3. Notice of application will be provided to neighboring property owners of properties that are located within 300 feet of the applicant's property. 2. If there are additional costs to the City in providing notice to all potentially affected property owners, the cost of the permit application shall be changed to allow the City to recover those costs. The notice shall provide that comments may be submitted to the City up to 20 calendar days after the date of said notice. 3. The City shall notify the applicant if the application is approved or denied at the applicant's mailing address as shown on the most recent application or otherwise filed with the City. Within ten calendar days of the issuance or renewal of a short-term residential rental permit, the City shall send notice to all potentially affected property owners informing them that a permit was issued. This notice shall contain, at a minimum, the following information: 1. The name of the managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be immediately reached on a 24-hour basis; 2. The phone number of the City's 24/7 short-term rental complaint line 3. The maximum number of occupants allowed in the unit; 4. The maximum number of vehicles allowed to be parked on the property.

4. Operation During Application Process. Notwithstanding section 12-68.3.040, while a new application for a short-term rental or short-term residential rental unit permit is pending, a dwelling may be used as a short-term rental or short-term residential rental unit for up to thirty (30) days provided that the unit has passed a physical inspection by the City and otherwise complies with the requirements of sections 12-68.3.060 and 12-68.3.070 and any applicable requirements set forth in City's Building Code, as may be amended from time to time, and other law.

5. Application Denial. An application for a short-term rental or short-term residential rental unit permit or renewal of a permit under this Chapter shall be denied by the City upon one or more of the following grounds: 1. The application is incomplete, or the applicant has otherwise failed to comply with the requirements of this Chapter. 2. The applicant or permittee provided material information that was knowingly incorrect or provided material information that the applicant should have reasonably known was incorrect, in the application for a permit under this Chapter. 3. The short-term rental, short-term residential rental unit or property is not in compliance with the standards of this Chapter or other applicable Municipal Code provisions and has failed to pass the initial or renewal inspection.

6. Applicant Appeals. An applicant may appeal the denial or conditional acceptance of an application for a short-term residential rental permit. Such appeal must be in writing and submitted to the City within ten days of the date of the notice provided pursuant to section 12-68.3.050(b)(3). When the tenth day is not a City business day, the time frame is extended to the second consecutive City business day following the tenth day. The appeal shall follow the procedure set forth in section 12-68.3.090(c).

   6. Affected Property Owners' Appeals. Potentially affected property owners may appeal the granting of a new short-term rental or short-term residential rental unit permit. All such appeals must be submitted to the City within ten days of the date of the notice provided pursuant to section 12-68.3.050(b)(3). When the tenth day is not a City business day, the time frame is extended to the second consecutive City business day following the tenth day. The ground for such appeal is limited to the claim that past use of the property as a short-term rental or short-term residential rental unit has not complied with one or more requirements of sections 12-68.3.060(b) through (d), or section 12-68.3.070, or that, based on competent evidence, any prospective use for such purpose will likely not comply with one or more of such requirements. Such appeal shall be heard in the same manner as specified in section 12- 68.3.090(c). The applicant shall be provided notice of the hearing. If the potentially affected property owner prevails in the appeal, then the applicant's application shall be deemed to be denied and such decision shall be the final decision of the City. No further appeal shall be available at the administrative level.
   7. Permit Renewal. The short-term rental or short-term residential rental unit permit shall be renewed annually from application date of first submittal. Permit renewal shall be approved if the current conditions of operation and other standards in this Chapter have been met, the subject property passes the renewal inspection, and the applicable renewal fee is $568.00 and may be amended from time to time. Renewal payments submitted after permit expiration are subject to a $50 administrative fee and may be amended from time to time. Continued use of a short-term rental or short-term residential rental unit is prohibited following permit expiration until renewal payment, including any administrative/delinquent fee, has been received by the City. Failure to submit renewal payment within 45 days of permit expiration, including any administrative/delinquent fee, shall result in immediate suspension of the short-term rental or short-term residential rental unit permit. The short-term rental or short-term residential rental unit owner shall be required to submit a new application, pay the applicable permit application fee, and be subject to the application process in Subdivision (a) above.

12-68.3.060 Occupancy Standards

1. Compliance with Uniform Codes and Other Laws. At the time of issuance of a short-term rental or short-term residential rental unit permit and thereafter, the short-term rental or short-term residential rental unit shall be in compliance with the California Fire Code, California Building Code, the National Fire Protection Association Standards or regulations, and any other applicable uniform codes, as adopted by the City, and other applicable laws and codes.
2. Occupancy Limits. Occupancy limits per room for all short-term rental or short-term residential rental units shall be determined as follows: 1. In order for a room to be considered habitable space for overnight sleeping purposes, it must be a minimum of 70 square feet. A 70 square foot room may sleep up to two (2) people. Each sleeping room occupied by more than one person shall contain not less than 50 square feet of floor area for each additional person. 2. Kitchens, bathrooms, toilet rooms, halls, closets, storage or utility spaces, and similar areas are not considered habitable rooms for sleeping purposes, thus the square footage represented by these rooms shall not be used in the calculation for determining the maximum number of

occupants. 3. Maximum Occupancy Limits. Maximum occupancy limits per short-term residential rental unit shall be determined as follows: 1. Notwithstanding the allowances per subdivision (b) above, the maximum occupancy of a short- term rental or short-term residential rental unit shall not exceed six persons if the rental unit is smaller than 800 square feet. 2. Notwithstanding the allowances per subdivision (b) above, the maximum occupancy of a short- term rental or short-term residential rental unit shall not exceed eight persons if the rental unit is smaller than 1,200 square feet. 3. Notwithstanding the allowances per subdivision (b) above, on parcels smaller than one-quarter acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed ten persons. 4. Notwithstanding the allowances per subdivision (b) above, on parcels smaller than one-half acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed 12 persons. 5. Notwithstanding the allowances per subdivision (b) above, on parcels one-half acre to one acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed 15 persons. 6. Notwithstanding the allowances per subdivision (b) above, on parcels greater than one acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed 20 persons. 7. Notwithstanding the allowances per subdivisions (b) and (c)(1) through (6) above, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed the occupancies supported by the on-site parking spaces as required by subdivision (d) below. 4. Parking. All vehicles of short-term rental or short-term residential rental unit renters must be parked on the short-term rental or short-term residential rental unit property or adjacent thereto. No vehicle of renters shall be parked on neighboring properties or within the transportation right-of-way, or in any manner that would create an obstruction. Parking shall be provided on site at a ratio of not less than one parking space for every four renters. Short-term residential rental properties with occupancy limits of two renters shall be limited to two vehicles. Parking spaces may include garage, carport, street parking, and driveway spaces, and may allow for tandem parking. On-site parking areas shall be kept free from any obstructions which would prevent use for vehicle parking. Only the approved parking areas/spaces pursuant to the short-term rental or short-term residential rental unit permit shall be used for vehicle parking. Pursuant to section 12-68.3.080(a)(2), violations of the parking requirements of this Chapter may result in vehicles being towed without notice. Short-term residential rental unit renters shall abide by Article V of Chapter 13 of the Municipal Code, as may be amended from time to time, which includes but is not limited to Section 13-44.1 which prohibits parking and/or leaving standing for more than twelve (12) hours any boat, bus, camper, motor home, fifth wheel travel trailer, house car, travel trailer, construction equipment trailers, or any other recreational vehicle on any street, alley, or highway or any other public place.

12-68.3.070 Conditions Of Operation

The following are minimal requirements for short-term rental or short-term residential rental units. These are in addition to any other applicable requirements of this Chapter, other applicable provisions of the Municipal Code, or other law.

1. Prohibited Uses of Property. A short-term rental or short-term residential rental unit may not be used for any transient occupancy other than the purposes described in the definition of short-term rental or short-term residential rental unit set forth in section 12-68.3.030(m), and in conformity with the requirements of this Chapter. A short-term rental or short-term residential rental unit shall not be used for any commercial activity, which includes but is not limited to weddings, wedding receptions, corporate retreats, business meetings or conferences, filming photography shoots, a fraternity party, or any other similar gathering, unless regulated under an approved City-issued permit.

2. Record Keeping. The property owner or property manager shall maintain records sufficient to prove compliance with this Chapter and other applicable laws. These records shall be maintained so that they can be readily provided to the City and provided in such a manner that establishes that the property owner or property manager is routinely maintaining such records. Any records or documents required to be maintained pursuant to this Chapter shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City, its auditor, or a designated representative thereof.

3. Registration. The short-term residential rental unit owner, as defined in section 12-68.3.030(k), shall administer registration prior to allowing occupancy of the rental unit. The registration shall include review of the short-term rental or short-term residential rental unit regulations with at least one adult renter of the rental unit. At the time of such registration, the renter shall be provided a complete written or digital copy of the rental unit rules and regulations, as well as disclosure of the penalties associated with violations. The registration material shall advise the renter of the occupancy and vehicle/parking limitations, responsibility to avoid nuisance behavior, and that the use of the rental unit for commercial activity, which includes, but is not limited to weddings, wedding receptions, corporate retreats, business meetings or conferences, fraternity parties, or any other similar gatherings shall be prohibited unless authorized by a City-issued permit. The registration material shall contain a space for an acknowledgement to be signed by the renter as having read, understood and agreed to all provisions. Registration materials shall be preserved for the term of the short-term rental or short-term residential rental unit permit, and shall be provided to the City, when requested, to confirm compliance with the short-term rental or short-term residential rental unit permit conditions of operation and regulations set forth in this Chapter. If the owner fails to provide adequate directions to the unit or fails to confirm acknowledgement and understanding of the rental unit rules and regulations, the conditions of operation of the short-term rental or short-term residential rental unit permit may be amended by the City to require in-person registration.

4. Advertising. 1. Advertising that promotes a short-term rental or short-term residential rental unit for a use that is not permitted or could not be permitted by this code or other law, is prohibited. 2. All advertising, including real-estate magazines, fliers, newspapers, television or radio commercials, internet pages, or coupons, that promote the use of a short-term rental or short- term residential rental unit prior to approval of a short-term residential rental unit permit pursuant to section 12-68.3.040(a), shall be prohibited. All advertisements featuring a permitted short-term rental or short-term residential rental unit shall specify the maximum permitted number of occupants and vehicles for the rental unit.

5. Posted Notices Within Unit. The City-issued short-term rental or short-term residential rental unit permit shall be posted inside the unit on or adjacent to the front door, along with an exit/emergency evacuation map. In addition, each short-term rental or short-term residential rental unit shall have a clearly visible and legible notice posted in a prominent location within the unit, containing the following information: 1. The address of the short-term rental or short-term residential rental unit.

6. The name of the managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be immediately reached on a 24-hour basis. 3. The maximum number of occupants permitted to stay overnight in the unit. 4. The maximum number of vehicles allowed to be parked on the property. 5. Notification of the arrangements that the owner has made to allow the renter to properly store and dispose of trash or refuse in accordance with the requirements of this Chapter. 6. Notification that failure to comply with the requirements of this Chapter, including parking and occupancy standards, as well as public and private nuisance standards, is a violation of the Municipal Code, and that such violation may result in enforcement actions to address the violation. These may include actions to abate the nonconformity, the institution of criminal, civil, or administrative actions, or, under certain circumstances, the calling of law enforcement for the removal of guests and their vehicles from the property to the extent authorized by law. The notification shall state in a prominent format that users of the unit are prohibited from disturbing the peace of the surrounding neighborhood and that doing so is a violation of this Chapter and the rental agreement. 7. Location of utility service connections, including how to access service connections and instructions necessary to disconnect the short-term rental or short-term residential rental unit from utility services in the event of an emergency. 8. Phone numbers of local emergency medical and law enforcement services. 9. Property boundary map for the purpose of deterring trespassing on other privately owned properties and identification of the approved parking area(s).

7. Call Response. 1. The short-term residential rental unit owner or agent shall be personally available by telephone on a 24-hour basis and maintain the ability to be physically present at the property within sixty (60) minutes in order to respond and remedy calls or complaints regarding the condition or operation of the unit or the behavior of persons on the property in violation of this Chapter or other law. 2. On a 24-hour basis, within one hour of receiving a call or a complaint, the short-term residential rental unit owner must confirm whether or not the complaint is valid. If the complaint is valid the short-term residential rental unit owner shall immediately take corrective action within the lawful authority of the owner to abate the violation, or to cause the nuisance behavior that disturbs the peace of the neighboring properties to stop, for the entire duration of the occupancy of the person causing or allowing such violation or nuisance behavior. Such corrective action may necessarily include, under certain circumstances, the contacting of law enforcement, City officials, or other appropriate officials for the removal of guests and their vehicles from the property to the extent authorized by law. 3. Calls or complaints about physical conditions or circumstances that constitute an immediate threat to the public health and safety shall obligate the owner to immediately contact the appropriate law enforcement, fire, or other authority. 4. Each owner shall keep a written record of the times and type of complaints received, what response was undertaken by the owner, and when such complaints were resolved. This written record shall be made available to the City upon request and shall be retained by the owner for the term of the short-term rental or short-term residential rental unit permit.

8. Responsibilities of Owner to Prevent Nuisance Behavior and Maintain Neighborhood Peace and Quiet. The owner shall take all lawful action necessary to ensure that renters and occupants abide by the terms of this Chapter and other applicable provisions of the Municipal Code and law. The owner must inform

renters and occupants that they are not to violate any noise standards, parking standards, or otherwise create a public or private nuisance. 8. Loud and Disturbing Noise. 1. It is unlawful for any owner, renter, occupant, or guest located at a short-term rental or short- term residential rental unit to make, cause to be made, or allow to be made, either willfully or through failure to exercise control, any loud, excessive, impulsive, or intrusive noise that disturbs the peace or quiet or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area. Such types of noises or actions causing noises include, but are not limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, emitting or transmitting any loud music or noise from any mechanical or electrical sound making or sound amplifying device, and the habitual barking, howling, or crowing of animals. 2. The standard for enforcement of this subdivision is the "reasonable person" standard. The inquiry is whether the noise would disturb the peace or quiet or cause discomfort or annoyance to a reasonable person under the same or similar circumstances. 3. Factors that may be considered in determining whether a violation of this Subdivision has been committed include, but are not limited to, the following: 1. The level of noise; 2. The level and intensity of the background (ambient) noise, if any; 3. The proximity of the noise to the residential unit in question; 4. The time of day or night the noise occurs; 5. The duration of the noise; 6. Whether the noise is constant, recurrent, or intermittent; and 7. Whether the noise is produced by a mechanical or electronic device. 9. Safety. 1. Illegal fireworks are prohibited in the City. 2. The interior and exterior of the short-term rental or short-term residential rental unit shall be kept free of hazardous conditions at all times. 3. Spas/hot tubs shall be covered and locked when not in use. 10. j. Sanitation. 1. Every short-term rental or short-term residential rental unit shall be cleaned after each occupancy change in order to make the unit sanitary. 2. If linens are provided for use by renters, said linens will be exchanged for clean linens after each occupancy. 3. The exterior of the short-term rental or short-term residential rental unit shall be maintained and kept free of debris. 4. Spas/hot tubs shall be maintained and cleaned as frequently as needed to preserve sanitary conditions. 11. Trash/Refuse. Trash shall be deposited in approved trash collection containers on the short-term rental or short-term residential rental unit property. Trash containers shall be kept closed when not in use, never be permitted to overflow, and kept in a clean condition without excessive build-up of encrusted wastes in or on the container. 1. Short-term residential rental unit owners shall procure trash collection service and trash collection containers from the City-approved refuse collection hauler when said service is available. A sufficient number of containers based on occupancy levels of the rental unit shall be procured. 2. Trash shall be removed from the premises after each occupancy unless routine commercial trash collection is provided to the premises.

12. Animals. 1. Control of Animals. No person owning or having control of any animal shall permit such animal to stray or run at large upon any unenclosed area on or off the short-term rental or short-term residential rental unit property. No person may lawfully bring his or her dog off a short-term residential rental property unless the dog is restrained by a leash and the person is competent to restrain the dog, or the dog is properly restrained and enclosed in a vehicle, cage, or similar enclosure. 2. Noise. It shall be unlawful for any person owning or having control of any animal to be allowed to create excessive noise in violation of Subdivision (h) of this section.

12-68.3.080 Enforcement

1. General. 1. Owners and renters of short-term rentals or short-term residential rental units shall comply with the requirements of this Chapter and all other applicable sections of the Municipal Code and other law. A marketplace or hosting platform shall comply with the requirements of section 12- 68.3.110 and all other applicable sections of the Municipal Code and other law. 2. In addition to any enforcement action and remedy authorized by this Chapter, a violation of any requirement of this Chapter may result in remedial action by appropriate members of City staff or any enforcement officer as defined in Chapter 2A of the Municipal Code without notice if providing notice is not reasonable considering the need for immediate remedial action, and/or if prior notice to the property owner or the renters, either verbal or written, has not resulted in appropriate remedial action by the property owner. If the violation consists of a violation of any of the parking requirements of this Chapter, then the remedy may include the towing of the vehicle or vehicles causing the violation of the parking requirement. Remedial actions taken under this Section, other than any criminal citations, are subject to appeal pursuant to Chapter 2A of the Municipal Code or other applicable provision, but no request for appeal shall stay the remedial actions taken pursuant to this Section. 3. In addition to any enforcement action and remedy authorized by this Chapter, a violation of any requirement of this Chapter may be subject to the enforcement and remedy provisions of Chapter 2A of the Municipal Code and any other applicable enforcement and remedy provisions of the Municipal Code or provided under the law.
   2. Transient Occupancy Tax–Failure to Pay. Failure by the owner, or when applicable, a marketplace or hosting platform to collect and remit to the Tax Collector the Transient Occupancy Tax may result in the Tax Collector pursuing any remedy against the owner, marketplace, or hosting platform, including imposing and collecting said tax from the owner, marketplace, or hosting platform, authorized under the City's Transient Occupancy Tax (Article 20-III), as set forth in the Municipal Code as may be amended from time to time or other applicable law. Notwithstanding the duty imposed by section 12- 68.3.110(a), the use of a marketplace or hosting platform to facilitate the rental of a short-term residential rental unit shall not relieve an owner of liability for violations of this Subdivision.
   3. Administrative Subpoena. The City may issue and serve an administrative subpoena as necessary to obtain specific information identified in section 12-68.3.110 regarding short-term rental or short-term residential rental unit listings located in the City. Any subpoena issued pursuant to this Subdivision shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period.

12-68.3.090 Suspension Of Permit

1. Suspension of Permit. A short-term rental or short-term residential rental unit permit may be suspended for the following reasons: 1. Substandard Building or Property or Unsafe Building or Structure. Any violation of the requirements of the City's Building Code, as may be amended from time to time, that results in the issuance of a notice of defect or notice and order to repair. Notice of such suspension shall be provided pursuant to the requirements of the City's Building Code, as may be amended from time to time. 2. General Violations. Any failure to comply with, or respond to, any notice of violation or other notice from the City requiring compliance with one or more requirements of this Chapter or other applicable provision of the Municipal Code or other law. Property owners shall be informed of such suspension in a written notice mailed using both certified mail with return receipt and first class service. In addition, although not required, the notice may also be posted on the property and/or mailed to any additional individuals or companies listed on the permit application.
2. Use of Property During Suspension and Stays. 1. When a short-term rental or short-term residential rental unit permit is suspended, the property or properties affected by the suspension shall not be used as a short-term residential rental until such time as the suspension is stayed or lifted. 2. Permits suspended pursuant to section 12-68.3.090(a)(1) will remain suspended until such time as the Building Official or his or her designee confirms that all violations have been corrected or the City's designee has ruled in favor of the appellant. 3. Permits suspended for general violations, i.e., those under section 12-68.3.090(a)(2), will remain suspended until such time as the violations are abated, or the property owner can reasonably demonstrate substantive changes in the property management practices that would mitigate or correct these violations, or a City's designee has ruled in favor of the appellant. If an appeal hearing for a general violation cannot be scheduled within 14 calendar days after an appeal was filed or if the hearing is scheduled but, through no fault of the appellant, not held within 30 days after the appeal was filed, the suspension must be stayed through the date a ruling on the appeal is issued.
3. Appeals of Suspensions. An appeal must be filed no later than ten days of the date the notice of suspension is issued. When the tenth day is not a City business day, the time frame is extended to the second consecutive City business day following the tenth day. 1. The suspension of a permit pursuant to section 12-68.3.090(a)(1) may be appealed for a hearing before the City's hearing official. The format and process of the appeal shall be as set forth in Municipal Code section 2A et seq. The decision of the hearing official shall be final and no further appeal within the City shall be available. 2. The suspension of a permit for a general violation may be appealed to a City-designated hearing officer. The decision by the hearing officer shall be final and no further appeal within the City shall be available. The hearing procedure shall include the following: 1. At least ten days written notice of the hearing shall be given to the permit holder prior to the hearing date. The hearing date may be postponed or continued by stipulation of the parties. If the permit holder does not respond or appear, no further hearing procedure shall be required. 2. Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be taken by the hearing officer. The City shall present its case first, with oral testimony and documentary evidence or other evidence. The City shall have the right of cross-

examination. The permit holder shall have the right to be represented and shall have the right of cross-examination. The permit holder may present his or her response after the City has presented its case. Both parties may thereafter present argument. 3. No determination or order shall be based solely on hearsay evidence. The hearing officer shall make his or her determination within five working days of the end of the hearing, unless a party requests a greater period of time. The determination shall be in writing, and shall state the findings upon which the determination is made. The decision by the hearing officer shall be final and no further appeal within the City shall be available. 3. The failure to appeal a suspension in a timely manner shall render the action to suspend final and no further appeal within the City shall be available.

12-68.3.100 Revocation Of Permit

1. Revocation of Permit. A short-term rental or short-term residential rental unit permit may be revoked for the following reasons: 1. The severity of a violation of a requirement of the City's Building Code, as may be amended from time to time, necessitated the immediate vacation of the property. 2. The conditions or actions that resulted in the suspension of the permit have not been abated or addressed by a demonstrable change in the business practices associated with the short-term rental or short-term residential rental unit, within 60 days of the suspension being upheld on appeal or otherwise deemed final. 3. The condition or the business practice that resulted in the suspension of the permit re-occurs within 12 months of the date the suspension was upheld on appeal or otherwise deemed final. 4. A permit is suspended two times in a consecutive 24-month period, where said suspensions are either upheld on appeal or otherwise deemed final. 5. The permit was obtained through fraud or deceit. 6. The permit was issued in error.
   2. Appeals of Revocation of Permit. The revocation of a permit pursuant to this Chapter may be appealed for a hearing before the City's hearing official. The format and process of the appeal shall be as required by Municipal Code section 2A et seq. A decision by the hearing official may be appealed to the Planning Commission. The decision of the Planning Commission shall be final and no further appeal within the City shall be available.
   3. New Application After Revocation of Permit. A property owner of a short-term rental or short-term residential rental unit permit who has been issued a revocation pursuant to 12-68.3.100 above, shall not be permitted to submit another application for a permit within 12 months after a revocation is made final.
   4. Suspensions or Revocations of Permits for Multiple Properties. If is determined that the conditions or the business or management practices cause violations of this Chapter to occur on multiple properties of the same owner, the short-term rental or short-term residential rental unit permits for all of those properties may be suspended and/or revoked at the same time. In such circumstance all affected parties must be provided notice and the opportunity to appeal the suspension and/or revocation of the permit for every affected property.

12-68.3.110 Hosting Platform Requirement

1. For purposes of this Chapter a marketplace or hosting platform shall be responsible for collecting all applicable Transient Occupancy Tax required by the City's Taxation Code, as may be amended from time to time, and remitting the same to the City. The marketplace or hosting platform shall be

considered an agent of the short-term residential rental owner for purposes of Transient Occupancy Tax collections and remittance, as set forth in the City's Taxation Code, as may be amended from time to time, if the marketplace or hosting platform collects payment for the rental. If a marketplace or hosting platform does not collect payment for rentals, the short-term residential rental unit owner is solely responsible for the collection of all applicable Transient Occupancy Taxes. 2. In addition to the requirements of subdivision (a), and consistent with Government Code §50993(a)– (b), a marketplace, hosting platform or short-term rental facilitator shall, upon request by the City, disclose the following information in a commonly used electronic format and in the form and manner prescribed by the City: 1. The physical address of each short-term rental or short-term residential rental unit, including the full nine-digit ZIP Code, for every listing located within the jurisdiction of the City. 2. If the information provided under paragraph (1) is not sufficient for the City to identify a specific short-term rental or short-term residential rental unit, the City may additionally require any of the following, consistent with Government Code §50993(b): 1. The Assessor’s Parcel Number (APN) for each short-term rental or short-term residential rental unit; 2. The URL or unique listing identifier associated with each specific short-term residential rental listing; 3. Information exclusively related to the identification of any accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at the provided address or APN. 3. The names of the persons responsible for each such listing, the length of stay for each stay, and the price paid for each stay, to the extent already required by this Chapter. 3. A marketplace or hosting platform, operating exclusively on the internet, which operates in compliance with Subdivisions (a) and (b) above, shall be presumed to be in compliance with this Chapter, except that the marketplace or hosting platform remains responsible for compliance with the administrative subpoena provisions of this Chapter. 4. Short-term rental facilitators shall submit required data no more frequently than every three months within any 12-month period, unless the City requires monthly Transient Occupancy Tax remittance, in which case monthly reporting may be required. 5. Display of City-Issued Permit Number and Transient Occupancy Tax Certification. In accordance with Government Code §50994, every hosting platform or short-term rental facilitator shall ensure that each listing for a short-term rental or short-term residential rental unit located within the City prominently displays: 1. The City-issued short-term rental or short-term residential rental unit permit number associated with the unit; and 2. Any Transient Occupancy Tax registration or certification number issued by the City for that unit. For purposes of this subdivision, “prominently displays” means that the permit number and tax certification number must appear in a clear and readily identifiable location on the listing page such that a reasonable user can determine, prior to booking, that the unit holds a valid City- issued permit and is properly registered for Transient Occupancy Tax purposes. A marketplace or hosting platform shall not publish or maintain a listing for any short-term rental or short-term residential rental unit that does not include the permit and certification numbers required by this subdivision. 6. Failure of a short-term rental facilitator to comply with reporting requirements shall be punishable by administrative fines consistent with Government Code §53069.4.

7. Audit Authority for Transient Occupancy. Consistent with Government Code §50995, if a marketplace, hosting platform or short-term rental facilitator is responsible under this Chapter or under a collection agreement with the City for collecting or remitting Transient Occupancy Tax on behalf of a short-term residential rental unit owner, the City may conduct an audit or otherwise examine the records of the hosting platform or facilitator that document the receipt, collection, or remittance of Transient Occupancy Tax. Any audit or examination conducted pursuant to this subdivision shall be limited to records necessary to verify compliance with the City’s Transient Occupancy Tax requirements. All costs associated with such audit or examination shall be borne by the City unless otherwise permitted by law.
   8. The provisions of this Section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the City to be in violation of, or preempted by, any such laws.

12-69 Secondhand Dealers

For every person engaged in, managing, conducting or carrying on the business of secondhand store as a secondhand dealer, the license fee shall be thirty dollars per year.

Except as otherwise provided in this chapter, “secondhand dealer” is defined to be any person who carries on, conducts, maintains or engages in the business of buying or selling or exchanging or otherwise dealing in or acquiring any article or things that have been used or sold before.

When any person is engaged in any business licensed under the provisions of this chapter, and as an incident to such business accepts secondhand goods, wares or merchandise as part payment upon any new merchandise, such person shall not be required to obtain a license under the provisions of this section, for the doing of such acts shall not be considered as dealing in secondhand merchandise within the meaning of this section. (Ord. 215 N.S.)

As to secondhand dealers generally, see Ch. 10 of this Code.

12-70 Service Stations

For every service station engaged in managing, conducting, operating or maintaining service station retail operations within the city, the license fee shall be based on gross receipts as provided for in section 12-68. Retail dealers may exempt federal and state fuel tax and excise taxes in determining gross receipts. (Ord. 368 N.S.; Ord. 6-AC.)

12-71 Shoe Shining Stands (Reserved)

12-72 Vehicle Delivery--Dairy Products (Reserved)

12-73 Vehicles For Hire--Generally

For every person engaged in, managing, conducting or carrying on the business of operating busses or passenger-carrying vehicles for hire in the city, the license fee shall be thirty dollars per year; provided, that no more than one vehicle is used in such business, if more than one vehicle is used then the additional sum of fifteen dollars per year for each additional vehicle so used. (Ord. 215 N.S.; Ord. 6-AC.)

As to taxicabs, see Ch. 21 of this Code.

12-74 Same--Trucks

1. For every person engaging in, managing, conducting or carrying on the business of hauling or transporting goods, wares, merchandise, freight or baggage, or any other commodities not specifically licensed by other sections of this chapter, within or from the city, and operating from a fixed place of business in the business or industrial zone, which business is upon the tax rolls of the city, the license fee shall be forty-five dollars per year; provided that no more than one vehicle is used in such business in the city; and for each additional vehicle so used the additional sum of fifteen dollars per year.
   2. For every person engaged in managing, conducting or carrying on the business of hauling or transporting goods, wares, merchandise, freight or baggage, or any other commodities not specifically licensed by other sections of this chapter, within or from the city, and operated from other than a fixed place of business within the city, the license fee shall be sixty dollars per year; provided, that no more than one vehicle is used in such business in the city; and for each additional vehicle so used, the additional sum of thirty dollars per year. (Ord. No. 215 N.S., § 27; Ord. No. 219 N.S., Ord. No. 6-AC.)

12-75 To 12-76.1 Repealed By Ordinance No 79-AC

12-77 Same--Automatic Photograph Machines (Reserved)

12-78 Repealed By Ordinance No 77-AC

12-79 Bingo

1. As used in this section, “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random.
   2. Bingo games may be conducted in the city subject and pursuant to the following provisions: 1. Bingo games shall be allowed only for the benefit of organizations exempted from the payment of the bank and corporation tax by Section 23701 of the Revenue and Taxation Code and by mobile home park associations and senior citizens’ organizations; and provided that the receipts of such games are used only for charitable purposes. 2. It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by Section 19 of Article IV of the constitution of the State of California. Security personnel employed by the organization conducting the bingo game may be paid from the revenue of bingo games as provided in subdivisions (9) and (10) of this subsection. 3. A violation of subdivision (2) of this subsection shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the city. A violation of any provisions of this section, other than subdivision (2) of this subsection, is a misdemeanor. 4. No minor persons shall be allowed to participate in any bingo game. 5. An organization authorized to conduct bingo games pursuant to subdivision (1) of this subsection shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization. 6. All bingo games shall be open to the public. 7. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate

in the promotion, supervision or any other phase of such game. This subsection does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game. 8. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. 9. With respect to organizations exempt from payment of the bank and corporation tax by Sections 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be comingled with any other fund or account. Such profits shall be used only for charitable purposes. 10. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be comingled with any other fund or account. Proceeds are the receipts of bingo games conducted by organizations not within subdivision (9) of this subsection. Such proceeds shall be used for charitable purposes, except as follows: 1. Such proceeds may be used as prizes. 2. A portion of such proceeds, not to exceed twenty percent of the proceeds before the deduction for prizes, or one thousand dollars per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. 3. Such proceeds may be used to pay license fees. 11. No bingo game shall be operated until and unless such organization shall have received a license authorizing it to conduct a bingo game. A license fee shall be fifty dollars renewable each fiscal year. If an application for a license is denied, one-half of the license fee shall be refunded to the organization. Said fee is not subject to proration. An additional fee of one percent of the monthly gross receipts over five thousand dollars derived from bingo games shall be collected monthly by the city. 12. No persons shall be allowed to participate in a bingo game unless the person is physically present at the time and place is which the bingo game is conducted. 13. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars, in cash or in kind, for each separate game that is held. 3. The application for a license to conduct a bingo game shall be upon a form prescribed by the city clerk and shall be accompanied by written evidence of the exemption of the organization from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, or by written evidence that the organization is otherwise authorized to conduct bingo games under subdivision (1) of subsection (b) to this section. (Ord. 207-AC.)