Chapter 1 — BUSINESS LICENSING REGULATIONS

2. CLAIMS AND DEMANDS
   3. FUNDS
   4. PROPERTY TAXES
   5. SALES AND USE TAXES
   6. TRANSIENT OCCUPANCY TAXES
   7. REAL PROPERTY TRANSFER TAXES
   8. PARKING TAX
   9. FIRE FACILITY EQUIPMENT IMPACT FEE (REPEALED)
   10. MOBILE SOURCE AIR POLLUTION FEES
   11. PASSENGER VEHICLE RENTAL TAX (REPEALED)
   12. TRANSACTIONS AND USE TAX

CHAPTER 1: BUSINESS LICENSING REGULATIONS *

CHAPTER 1: BUSINESS LICENSING REGULATIONS *

*Prior ordinance history: Ord. 637, eff. June 14, 1939, Ord. 834, eff. May 18, 1949, Ord. 1062, eff. May 5, 1955, Ord. 1258, eff. August 15, 1957, Ord. 1280, eff. January 1, 1958, Ord. 1285, eff. February 6, 1958, Ord. 1292, eff. March 6, 1958, Ord. 1320, eff. November 6, 1958, Ord. 1349, eff. July 16, 1959, Ord. 1396, eff. May 19, 1960, Ord. 1415, eff. December 31, 1960, Ord. 1424, eff. March 23, 1961, Ord. 1426, eff. April 6, 1961, Ord. 1449, eff. December 7, 1961, Ord. 1473, eff. August 2, 1962, Ord. 1559, eff. May 21, 1964, Ord. 1560, eff. June 4, 1964, Ord. 1653, eff. July 20, 1967, Ord. 1702, eff. March 6, 1969, Ord. 1762, eff. July 15, 1971, Ord. 1868, eff. September 18, 1975, Ord. 2007, eff. August 17, 1978, Ord. 2094, eff. August 14, 1980, Ord. 2137, eff. July 16, 1981 and Ord. 2466, eff. June 14, 1990. Article 1. General Provisions 3-1.101 Definitions 3-1.102 License Bureau created 3-1.103 License Official: Office created 3-1.104 License Official: Powers and duties 3-1.105 License required 3-1.106 Taxing power 3-1.107 Issuance of business licenses 3-1.108 Payment of business license taxes 3-1.109 Separate business license for each place of business 3-1.110 Separate license for each type of business activity 3-1.111 Contractor engaged in business 3-1.112 City reporting requirements for contractors 3-1.113 Term of business license 3-1.114 Portion of license period, no pro-ration 3-1.115 Determination of date payment made 3-1.116 Renewals 3-1.117 Penalties for late payment and non-payment 3-1.118 Disabled persons, exemption 3-1.119 Nonprofit business 3-1.120 Refunds 3-1.121 Effect of prosecution 3-1.122 Annual statement of licensee 3-1.123 Statements: Failure to file: Determination of taxes: Hearings 3-1.124 Business license taxes and penalties a debt to City: Suits for collection 3-1.125 Gross receipts reporting period 3-1.126 Apportionment 3-1.127 Business license to be posted 3-1.128 Evidence of workers compensation insurance 3-1.129 Zoning compliance 3-1.130 Void business license 3-1.131 Revocation of license 3-1.132 Revocation: Procedure

3-1.133 Other appeals Article 2. Revenue Provisions 3-1.201 Professions: Business license tax 3-1.202 Services: Business license tax 3-1.203 Contractors: Business license tax 3-1.204 Rental of residential real property: Business license tax 3-1.205 Rental of nonresidential real property: Business license tax 3-1.206 Recreation and entertainment: Business license tax 3-1.207 Manufacturing: Business license tax 3-1.208 Wholesale sales: Business license tax 3-1.209 Retail sales: Business license tax 3-1.210 Administrative headquarters: Business license tax 3-1.211 Non-franchised public utilities: Business license tax 3-1.212 Franchised public utilities: Business license tax 3-1.213 Itinerant vendor: Business license tax 3-1.214 Special events: Business license tax 3-1.215 Transportation: Business license tax 3-1.216 Warehousing: Business license tax 3-1.217 Film making: Business license tax Articles 3 through 5. Reserved for Future Legislation Article 6. Private Patrol Systems 3-1.601 Definitions 3-1.602 Permits: Required: Registration 3-1.603 Permits: Applications: Form 3-1.604 Permits: Applications: Accompanying data 3-1.605 Permits: Applications: Investigations: Transmission to Council 3-1.606 Permit: Granting or denial: Hearing: Notices 3-1.607 Permits: Fees 3-1.608 Permits: Form 3-1.609 Permits: Modifications 3-1.610 Permits: More than one for same area 3-1.611 Permittee: Sale or transfer of right to engage in business 3-1.612 Reserved 3-1.613 Badges and uniforms 3-1.614 Badges: Sales, purchases, and other transactions 3-1.615 Uniforms: Similarity to police uniforms 3-1.616 Equipment and weapons 3-1.617 Use of street patrolman or unregistered guard not named on permits 3-1.618 Unlawful acts on property of nonsubscribers 3-1.619 Police and investigative activities: Reports of law violations 3-1.620 Police investigation and reports of complaints relating to patrol systems 3-1.621 Rules and regulations Article 7. Solicitors and Canvassers

3-1.701 Defined 3-1.702 Permits: Required 3-1.703 Permits: Applications: Form 3-1.704 Permits: Applications: Fees 3-1.705 Permits: Applications: Investigation 3-1.706 Permits: Applications: Denial 3-1.707 Permits: Applications: Denial: Appeals: Hearings 3-1.708 Permits: Issuance 3-1.709 Reserved 3-1.710 Reserved 3-1.711 Permits: Wearing 3-1.712 Permits: Exhibiting 3-1.713 Permits: Revocation: Hearings 3-1.714 Permits: Charity solicitor's and canvassers 3-1.715 Bonds 3-1.716 Enforcement of provisions 3-1.717 Exceptions to provisions Article 8. Adult Businesses and Adult Business Performers 3-1.801 Adult Businesses; Purpose of registration 3-1.802 Prohibition on ownership, management or performance by persons recently convicted of sexually-related offences 3-1.803 Issuance of registration certificates

Article 1. General Provisions

Except as provided in this section, a separate business license must be obtained for each separate place of business, in which business is carried on, and each license shall authorize the party obtaining it to operate only that business described in such license, and only at the location or place of business which is indicated thereby. Businesses with two or more locations in the City shall have the option of filing a consolidated annual statement of licensee for the purpose of computing and paying the business license taxes. Only a single business license must be obtained for a business which consists of maintaining one or more vending machines and/or juke boxes in the City. (§ 1, Ord. 2526, eff. April 8, 1992)

A separate business license is required for each business activity which comes within any of the business classifications described in Article 2 of this chapter. When two or more activities are engaged in at one location, and each is taxable on the same basis and the same rate, a consolidated annual statement of licensee for the purpose of computing and paying the business license taxes may be filed for such activities. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) Any person holding a California State contractor's license shall be considered a contractor. (b) A contractor will be deemed to be engaged in business in the City if such person is engaged within the City in any work for which a California State contractor's license is required. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) Contractor requirements. No person shall be issued a permit to perform work requiring a permit under this Code, unless they are: (1) A licensed contractor or subcontractor ("contractor"); (2) An employee, agent, or authorized representative of a licensed contractor; (3) A representative of an electronically subscribed service acting on behalf of a licensed contractor; (4) The property owner performing their own work; or (5) An employee of the owner provided that the owner shows evidence of workers' compensation insurance required by state and city law, and their Federal tax identification number. (b) Duty to provide information. A person applying for a permit ("applicant") under this Code to perform work on a project consisting of twenty (20) or more residential dwelling units or twenty thousand (20,000) square feet of newly constructed or improved commercial or industrial development shall submit the following information at the time of permit issuance and prior to commencement of work: (1) Scope of inspected work to be performed. (2) A list of all contractors and provide verification of each contractor's workers' compensation insurance (including policy number and expiration date), state contractor license and license category (and license expiration date if a license is required by the California State Licensing Board to perform the identified scope of inspected work), City business license, and Federal tax identification number. No person shall contract or subcontract construction work without a valid contractor's license pursuant to applicable provisions of the state business and professions code. (3) A disclosure of any previous, pending, or final determinations pertaining to state or Federal labor code violations within the prior seven (7) years; or any penalties paid, criminal convictions, or judgments over five hundred

thousand dollars ($500,000) related to the provisions of the California Labor Code or the Federal Labor Standards Act within the prior seven (7) years for all contractors. The applicant may provide a sworn attestation from a contractor to satisfy this requirement. (4) As a condition of receiving City inspections or participating in a City pre-construction meeting, the applicant shall (under penalty of perjury) submit required information to the City prior to each contractor or qualifying subcontractor starting work on the project. (c) Failure to provide required information. In the event the applicant cannot provide a list of valid contractors and the information required above upon permit application, the applicant or permit holder shall provide to the City all information required by subsection (b) within thirty (30) days after issuance of each permit (but prior to commencement of any associated work pursuant to said permit). Failure to provide valid and current contractor listings prior to commencing work shall result in one or more of the following: (1) City withholding inspections for any inspected work until such compliance is achieved. (2) Issuance of a stop work order. (3) Revocation of any permit issued by the City. (4) The permit applicant paying a penalty for default to the City in an amount equal to the original permit fee for each violation in order to defray City costs of enforcement of this section prior to the issuance of any new permit. (d) Adding new contractor. The information required by subsection (b) shall be required at the time when any new contractor is added to the permit. (e) Prior work. Any work performed prior to satisfying the requirements of this section shall be deemed performed without the required permits. (f) Duty to update changed information. The applicant is required to submit updated information to the City within seventy-two (72) hours of knowledge of any changes at any time between permit issuance and final inspection. (§ 1, Ord. 2526, eff. April 8, 1992, as amended by § 2, Ord. 3291, eff. January 2, 2025)

(a) Every business license issued for a period of less than one (1) year shall expire at midnight on the day that it was issued through. (b) Every annual business license shall expire on midnight on the anniversary date of the business start date unless otherwise specified in this chapter. (§ 1, Ord. 2526, eff. April 8, 1992, as amended by § 1, Ord. 3144. eff. November 14, 2019, as amended by § 1, Ord. 3144. eff. November 14, 2019)

The business license tax for any daily, monthly or annual shall not be reduced even though a portion of the license period has expired at the time the license is issued. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) The payment of a business license tax made in person by or on behalf of the licensee shall be made on or prior to close of City business hours, and will be deemed received on the date of delivery, if such personal delivery is made prior to close of City business hours. (b) If payment is made by United States mail, the payment date will be the:

(1) Date of cancellation by the United States Postal Service, as reflected on the envelope which contains the payment; or (2) Date of receipt by the City for any payment mailed in an envelope which has used a postal meter. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) No renewal of a business license shall be issued until payment in full of all delinquent business license taxes, including accrued interest and applicable penalties thereon, is received by the City. (b) It shall be the responsibility of each business licensee to obtain and pay for a renewal business license regardless of whether or not such licensee has received a renewal notice from the City. Any failure to receive such notice shall not affect the applicability of penalties for non-payment or late payment set forth in § 3-1.117 of this chapter. (§ 1, Ord. 2526, eff. April 8, 1992)

For failure to pay a tax when due, the license collector shall add a penalty of twenty percent (20%) of the amount of such tax on the last calendar day of each following month after the due date thereof. New businesses in the City who fail to secure a business license prior to opening for business shall add a penalty of twenty percent (20%) in addition to amount of the business license tax. In no event shall any penalty imposed hereunder exceed an amount equal to one hundred percent (100%) of such tax. (§ 1, Ord. 2526, eff. April 8, 1992, as amended by § 2, Ord. 3144, effective November 14, 2019)

A natural person who is disabled within the meaning of any Federal or State law may request and be issued a certificate of exemption from the payment of the business license tax for any retail, manufacturing, or wholesaling business in which he or she is engaged if the annual gross receipts of the business are less than Sixty Thousand Dollars ($60,000.00). (§ 1, Ord. 2526, eff. April 8, 1992)

(a) Exemption. The provisions of this chapter shall not require the payment of a business license tax to carry on any business from any nonprofit corporation or organization which is carried on wholly for the benefit of nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person. No license shall be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, political, or moral subjects whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated entirely to any nonprofit purpose. (b) Definition of nonprofit corporation or organization. For purposes of this section, a nonprofit organization or corporation is one which is exempt from paying Federal income tax by virtue of its nonprofit status. (c) Evidence of nonprofit status. Upon request of the License Official, a corporation or organization claiming exemption from the business license tax based upon its nonprofit status shall submit documentation satisfactory to the City evidencing the nonprofit status of the applicant organization or corporation.

(§ 1, Ord. 2526, eff. April 8, 1992)

(a) No business license taxes or any portion thereof may be refunded after one (1) year from the date of payment thereof. (b) No person shall be entitled to a refund of business license taxes after such person has engaged in business under the license. (c) No person shall be entitled to a refund of business license taxes if such person has any delinquent business license taxes, including accrued interest or penalties. Any overpayment of business license taxes shall first be applied against any such delinquent taxes, interest, or penalties. (§ 1, Ord. 2526, eff. April 8, 1992)

The conviction and punishment of any person for transacting any business without a business license shall not excuse or exempt such person from the payment of any business license taxes due or unpaid at the time of such conviction, and nothing in this chapter shall prevent a criminal prosecution for any violation of other provisions of this Code. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) Filing of statement. In all cases where the amount of business license taxes to be paid by any person is based upon the amount of gross receipts, or upon the number of vehicles used, or upon the square footage of warehousing space, such person, before obtaining a license for business and within sixty (60) days after the beginning of each license period, shall file with the License Official a written statement in the form required by the License Official, supported by such documentation requested by the License Official, showing the total amount of gross receipts during the preceding calendar year, or the number of vehicles used or the total square footage of warehousing space at the date of such statement. (b) Contents of statement. Any statement filed pursuant to this section shall be signed and shall contain the following: “I declare under penalty of perjury under the laws of the State of California, that I am authorized to make this statement and to the best of my knowledge and belief it is a true, correct and complete statement, made in good faith for the period stated.” (c) Confidentiality as to gross receipts. Information filed pursuant to this section as to the gross receipts of a particular person shall be confidential in character and shall not be subject to public inspection. It shall be the duty of the License Official to preserve and keep such gross receipts information so that it may not become known except to the persons charged by law with the administration of this chapter. (d) Statement not conclusive. No statement filed pursuant to this section shall be conclusive upon the City or upon any officer thereof as to the matters therein set forth, and the same shall not prejudice the right of the City to recover any amount that may be ascertained to be due from such person in addition to the amount shown by such statement should it be found to be incorrect. (e) Newly established business license renewal. In any case where an original business license is to be issued for a newly established business, the minimum business license tax applicable for that type of business shall be paid for the original license. At the date of renewal, an additional tax shall be charged, based upon the gross receipts of such

business during the prior year, at the tax rate applicable for such business, after deducting from the amount so found to be due the amount paid at the time such original license was issued. This subsection applies only to businesses which are taxed on the basis of gross receipts. (f) Accuracy of statement subject to audit. The correctness of any statement filed pursuant to this section shall be subject to audit and verification by the License Official, who is hereby authorized and empowered to inspect and audit the books and records of any and all persons licensed to carry on any business specified in this chapter. No person licensed to carry on any business specified in this chapter shall refuse or fail to allow the License Official to inspect and audit such books and records or shall refuse or fail to provide such additional information as requested by the License Official. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) Determination of taxes. If any person who is required a City business license fails to file any required statements within the time prescribed or if, after demand therefor made by the License Official, such person fails to file a corrected statement, the License Official may determine the amount of business license taxes due from such person by means of such information as the License Official may be able to obtain. (b) Assessments: Notices. If such determination is made, the License Official shall give a notice of the amount of business license taxes so assessed by serving it personally or by depositing it in the United States Post Office in the City, postage prepaid, addressed to the person so assessed at such person's last known address. (c) Assessments: Hearings: Applications. Such person may, within fifteen (15) days after the mailing or service of such notice, make an application in writing to the License Official for a hearing on the amount of the business license tax. If such application is made, the License Official shall cause the matter to be set for hearing before the Council within fifteen (15) days. (d) Assessments: Hearings: Notices. The License Official shall give at least ten (10) days' notice to such person of the time and place of the hearing in the manner prescribed in subsection (b) of this section for serving notices of assessments. (§ 1, Ord. 2526, eff. April 8, 1992)

The amount of any business license tax and any penalties imposed by the provisions of this chapter shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent business license tax and penalties. (§ 1, Ord. 2526, eff. April 8, 1992)

For any tax due on or after January 1, gross receipts shall be determined based upon gross receipts for the calendar year preceding the license tax period for which the tax is due; except that for licenses of newly established businesses that were not in operation during the preceding calendar year, the gross receipts shall be determined based upon gross receipts from the date the business opened through December 31st. (§ 1, Ord. 2526, eff. April 8, 1992)

When, by reason of the provisions of the Constitution of the United States or the Constitution of the State of California, the business license tax imposed by this chapter cannot be enforced without there being an apportionment according to the amount of business done in the City, or in the State of California, as the case may be, apportionment rules shall be established as follows: (a) The Council from time to time shall adopt by resolution general guidelines for apportionment. (b) The License Official, with the approval of the City Attorney, may make such rules and regulations for the apportionment of the tax as are necessary and desirable to overcome the constitutional objections and which are consistent with the general apportionment guidelines adopted by resolution of the Council. The License Official shall publish such rules and regulations once in a newspaper of general circulation within the City. Within ten (10) days of the date of publication of such rules and regulations, any interested person may file a request with the City Clerk that the Council review the rules and regulations so published. The rules and regulations shall be final at the expiration of the period for requesting review in the event no request for review is filed, or in the event of the filing of a request for review, when the rules and regulations have been adopted by the Council. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person having a business license under the provisions of this chapter and carrying on a business at a fixed place of business shall keep such license posted and exhibited while in force in some conspicuous part of said place of business. Every person having a license and not having a fixed place of business shall carry such license with him or her at all times while carrying on the business for which the same was granted. Every person having a license under the provisions of this chapter shall produce and exhibit the same whenever requested to do so by any police officer, any code enforcement officer, any person authorized by City to issue business licenses, or by any person being solicited. Businesses operated without an agent or employee on the premises shall post in a conspicuous place the name, address and telephone number of the person or persons to be contacted in event of an emergency. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person who is an employer and who applies for a business license or for the renewal of a business license shall provide to the License Official proof of workers compensation insurance or other proof of compliance with the provisions of Cal. Labor Code §§ 3700 et seq. No business license shall be issued to such person until the required proof is provided to the License Official. (§ 1, Ord. 2526, eff. April 8, 1992)

Every initial business license application shall be referred to the City Planner for review as to zoning compliance. The City Planner shall determine whether the proposed business use is a permitted use or a conditionally permitted use at the proposed business location. If the proposed business use is not a permitted use or a conditionally permitted use, then no business license will be issued for the business at the proposed location. If the proposed business use is a conditionally permitted use, then no business license shall be issued for the proposed location until after a conditional use permit has been obtained. (§ 1, Ord. 2526, eff. April 8, 1992)

The City shall not be bound by the mistake of any officer or employee of the City in issuing a business license contrary to the terms of the zoning ordinance or any other ordinance of the City, and any such business license so issued shall be void. (§ 1, Ord. 2526, eff. April 8, 1992)

Any business license issued pursuant to this chapter may be revoked by the City, after notice to the licensee and a hearing, when it shall appear that the business of the person to whom such business license was issued has been conducted in violation of any federal or state law, or ordinance of this City, or is being used for a business activity different from that for which the license was issued. If the business license of any person shall be so revoked, another such license shall not be granted to such person within three (3) months after the date of such revocation. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) If the License Official proposes to revoke the business license of any person, he or she shall give written notice of the proposed action to such person by personal delivery or by mail addressed to such person at the address shown on the business license. Such notice shall include a statement of the grounds for revocation, a summary of the evidence in support of the grounds insofar as that evidence is known to the License Official, the date, time and place where a hearing will be held to determine whether the business license should be revoked, which date shall be not less than fifteen (15) nor more than thirty (30) days after the notice is delivered and mailed, and the name of the appointed hearing officer. (b) At the hearing, the hearing officer shall receive such evidence as the License Official and the person holding the business license shall submit and, in this regard, the hearing officer shall not be bound by the formal rules of evidence but may receive all evidence which is relevant to the charge stated in the notice. The person holding the business license is entitled to be heard and may be represented by counsel. (c) The hearing officer may continue the bearing from time to time but no more thin a total of sixty (60) days. At the conclusion of the hearing, the hearing officer shall render his or her written decision, which decision shall be supported by written findings. (d) If the decision of the hearing officer is to revoke the business license, the person holding the business license may appeal the decision to the Council within fourteen (14) days after receipt of notice of the hearing officer's decision. Appeals shall be processed and determined pursuant to the provisions of Chapter 4 of Title 1 of this Code. (e) A decision revoking a business license shall become final on the later of: (1) The date fifteen (15) days after notice of the hearing officer's decision is delivered to the holder of the business license, if no appeal is taken; or (2) The date on which the Council upholds the decision of the hearing officer. (f) After a business license has been revoked, all activity for which such license was required shall be immediately discontinued. (g) Upon such revocation, the business license tax for the unexpired portion of the license shall be refunded. (§ 1, Ord. 2526, eff. April 8, 1992)

The decisions of the License Official regarding the refusal to issue or renew a business license, any determination concerning business classifications or refunds, or any determination of the amount of any business license taxes, interest or penalties due may be appealed to the Council pursuant to the procedures set forth in Chapter 4 of Title 1 of this Code. (§ 1, Ord. 2526, eff. April 8, 1992)

Article 2. Revenue Provisions

Every person engaged in a professional business in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Forty Cents ($.40) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Fifty Five Cents ($.55) per One Thousand Dollars ($1,000.00) of gross receipts. For the purposes of this section, “profession” shall mean the professions of accountant, architect, artist, attorney-at- law, bookkeeping services, building designer, chiropractor, consulting services, dentist, home health and nursing services, hospitals and medical clinics, income tax services, interior decorating services, marriage and family counseling services, microfilming services, notary public, other health care services, physical therapists, physician, psychiatrist, and psychologist. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of providing services in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Thirty Cents ($.30) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Forty Cents ($.40) per One Thousand Dollars ($1,000.00) of gross receipts. For the purposes of this section, “services” shall mean the business of providing, maintaining or performing labor for the benefit of another; of supplying some general demand for the benefit of another; or performing any other personal service or any service in the capacity of an agent/broker. “Services” do not include the professional services described in § 3-1.201 above. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in business as a Contractor in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Thirty Cents ($.30) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Forty Cents ($.40) per One Thousand Dollars ($1,000.00) of gross receipts. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of renting real property for residential occupancy in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Thirty Cents ($.30) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Forty Cents ($.40) per One Thousand Dollars ($1,000.00) of gross receipts. Owners of residential real property who own less than three (3) dwelling units in the City are exempt from the tax imposed by this section. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of renting nonresidential real property in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Thirty Cents ($.30) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Forty Cents ($.40) per One Thousand Dollars ($1,000.00) of gross receipts. (i 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of providing recreation and entertainment in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Thirty Cents ($.30) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Forty Cents ($.40) per One Thousand Dollars ($1,000.00) of gross receipts. For the purposes of this section, “recreation and entertainment” includes, but is not limited to, pool halls, bowling alleys, dancing clubs, theaters, skating rinks, and riding academies. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of manufacturing in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Fifteen Cents ($.15) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Twenty Cents ($.20) per One Thousand Dollars ($1,000.00) of gross receipts. For the purposes of this section. “manufacturing” means the business of making, developing, assembling or packaging of any machines, devices, articles, things, materials or substances whatsoever. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of selling goods, wares or merchandise at wholesale shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Fifteen Cents ($.15) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Twenty Cents ($.20) per One Thousand Dollars ($1,000.00) of gross receipts. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of selling goods, wares or merchandise at retail shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Fifteen Cents ($.15) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Twenty Cents ($.20) per One Thousand Dollars ($1,000.00) of gross receipts. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person maintaining an administrative headquarters shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Fifteen Cents ($.15) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Twenty Cents ($.20) per one Thousand Dollars ($1,000.00) of gross receipts. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of providing public utility services in the City who does not pay a franchise fee to the City under some other provision of law shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax for each calendar year or part of a calendar year based upon the gross receipts within such year or part of year at the rate of Fifteen Cents ($.15) per One Thousand Dollars ($1,000.00) of gross receipts. Effective January 1, 1993, the additional tax shall be computed and paid at the rate of Twenty Cents ($.20) per One Thousand Dollars ($1,000.00) of gross receipts. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of providing public utility services in the City, and who pays a franchise fee to the City under any other provision of law, shall pay an annual business license tax to the City consisting of a flat tax of Five Hundred Dollars ($500.00). Effective January 1, 1993, the flat tax shall be One Thousand Dollars ($1,000.00). (§ 1, Ord. 2526, eff. April 8, 1992)

Every person who is an itinerant vendor in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00). For the purposes of this section, an “itinerant vendor” is any person engaged in a temporary or transient business in the City, selling or offering for sale goods, wares, merchandise or other things or articles of value with the intention of conducting such business for a period of not more than ninety (90) calendar days in any calendar year and, for the purposes of carrying on such business travels door-to-door, engages in such activities as special events, or distributes handbills or other advertising matter. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person conducting a special event in the City shall pay a daily business license tax to the City consisting of a flat tax of One Hundred Dollars ($100.00). For the purpose of this section, “special event” means such events as swap meets, carnivals, fairs, exhibitions, and sporting events (other than school or government sponsored events). (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of transporting persons or property by vehicles driven on the streets of the City shall pay an annual business license tax to the City consisting of a flat tax of Forty Dollars ($40.00) per vehicle. (§ 1, Ord. 2526, eff. April 8, 1992)

Every person engaged in the business of warehousing in the City shall pay an annual business license tax to the City consisting of a flat tax of Fifty Dollars ($50.00) plus an additional tax of Two Cents ($.02) for each square foot of warehousing space located in the City. (§ 1, Ord. 2526, eff. April 8, 1992)

(a) Every person who for the purpose of producing a motion picture film or a videotape intended for public viewing either in a motion picture theater or on television, and who films or videotapes any interior or exterior scene in the City, shall pay a business license tax to the City consisting of a flat tax of Two Hundred Dollars ($200.00) for videotaping or filming activities occurring in the City. (b) Every person who films or videotapes any interior or exterior scene in the City shall also first procure a City Film Permit and pay the applicable Film Permit Fee prior to the commencement of filming The Film Permit Fee shall be in the amount specified in the Citywide Fee Schedule currently in effect at the time the Film Permit application is submitted. (§ 1, Ord. 2526, eff. April 8, 1992, as amended by § 1, Ord. 2700, eff. November 5, 1999, § 5, Ord. 3211, eff. July 1, 2022)

Articles 3 through 5.

Reserved for Future Legislation

Article 6. Private Patrol Systems

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows: (a) “Patrol system” shall mean any private service or private system which purports to furnish, or does furnish, to members or subscribers any watchman or guard, either uniformed or otherwise, to patrol any part of the territory of the City, or to guard or watch any property, including guarding against theft or fire, or both, or to perform any service usually and customarily performed by the police force of the City. “Patrol system” shall not include the guarding of the property of a single owner, while such property is not open to the public, by one or more individuals whose entire salary or wage is paid by such owner, irrespective of whether such salary or wage is paid directly to the individuals performing such guard duty or to another, nor to service of any nature performed by an employee whose main or principal duty is not that of guarding or protecting property. (b) “Street patrol service” shall mean the active patrol, regardless whether on foot or by vehicle, of a public area, street or thoroughfare in the service of multiple customers. (c) “Street patrolman” shall mean an individual engaged in street patrol services as the owner, member or employee of a patrol system. (d) “Private post security guard” shall mean an individual engaged in the act of guarding property as the owner, member or employee of a patrol system, whose duties are restricted to a single location or private business and whose duties do not include street patrol service. (e) “Unregistered guard” shall mean an individual engaged in the act of guarding property as the owner, member or employee of a patrol system who does not possess a valid State registration as provided in Chapter 11.5 of Division 3 of the Business and Professions Code of the State (commencing with Cal. Bus. & Prof. Code § 7580 - the “Private Security Services Act”). (f) “Private security personnel” shall mean owners, members and employees of a patrol system, including but not limited to unregistered guards, street patrolmen and private post security guards. (§§ 1 through 3, Ord. 1293, eff. March 6, 1958, as amended by § 1, Ord. 2672, eff. September 17, 1998)

(a) Required. Every person conducting a patrol system for which any owner, member or employee is an unregistered guard, and every person conducting a patrol system that furnishes street patrol service, shall first procure a City permit, in addition to any State license required. (b) Registration. Every person conducting a patrol system for which any owner, member or employee is a private post security guard shall first register such private post security guards with the City by providing the name of each such person and a copy of each such person's valid State registration, and shall keep such registration current by informing the City Clerk within five (5) business days of any changes, additions or deletions thereto. (§ 4, Ord. 1293, eff. March 6, 1958, as amended by § 2, Ord. 2672, eff. September 17, 1998)

Any person required to procure a City permit under this Article shall file a verified application with the Police Chief, accompanied by the required fee. Such application shall contain the following: (a) The name and address of the applicant; (b) If the applicant is a partnership, the name and address of all partners; (c) If the applicant is a corporation, the names and addresses of the corporate officers and manager and a certified copy of the resolution authorizing such application; (d) The district or territory proposed to be served by the patrol system; (e) A description of the methods of operation; (f) The names and addresses of all unregistered guards and street patrolmen who are, or will be, owners, officers, or employees of the applicant; (g) A statement of the offenses, if any, of which any person set forth in subsection (a), (b), or (c) of this section has been convicted, and of the time, place, and circumstances thereof; and (h) Such other information as either the Council, Police Chief or his designee may require. (§§ 5 and 6, Ord. 1293, eff. March 6, 1958, as amended by §§ 3 and 4, Ord. 2672, eff. September 17, 1998)

Every application for a permit to conduct a private patrol system shall include evidence on the part of the applicant that such applicant has complied with the requirements of Chapter 11.5 of Division 3 of the Business and Professions Code of the State (commencing with Cal. Bus. & Prof. Code § 7580 - the “Private Security Services Act”). (§ 7, Ord. 1293, eff. March 6, 1958, as amended by § 5, Ord. 2672, eff. September 17, 1998)

Upon the receipt of an application for a permit to conduct a patrol system, the Police Chief or his designee shall investigate the character, fitness, and qualifications of every person whose name appears on such application. The Police Chief shall transmit such application to the Council, together with his recommendation that the permit be granted or denied, and his reasons therefor. He shall also inform the Council what persons, in his opinion, should be permitted to act as unregistered guards, what persons should be permitted to act as street patrolmen, and in what territory the applicant shall be allowed to operate a street patrol service, together with his reasons therefor. (§ 8, Ord. 1293, eff. March 6, 1958, as amended by § 6, Ord. 2672, eff. September 17, 1998)

(a) Granting or denial: Notices. Upon the receipt of an application for a permit to conduct a patrol system, the Council shall either grant the same to the full extent requested or it shall notify the applicant that it intends to deny the application or to grant the application but permit operations in only a portion of the territory or by only a part of the street patrolmen or unregistered guards, or both, applied for. (b) Hearings: Requests. Within five (5) days of such notification, the applicant may demand a public hearing. If he does not do so, he shall be deemed to have consented to such denial or granting of the permit. (c) Hearings: Notices. Within twenty (20) days after an applicant for a permit to conduct a patrol system files with the Council a demand for a public hearing, the Council shall hold a public hearing, either before itself or a referee, and shall serve notices of the time and place of the hearing upon the Police Chief or his designee, the applicant, and every person named in the application as street patrolmen or unregistered guards whom the Council intends not to allow to act as such.

(d) Hearings: Council action. The Council shall inform the Police Chief or his designee and the City Clerk of its final action on each application for a permit to conduct a patrol system. (§§ 9 through 11, Ord. 1293, eff. March 6, 1958, as amended by § 7, Ord. 2672, eff. September 17, 1998)

Every person conducting a street patrol service and every person employing unregistered guards shall pay a permit fee in the amount of Fifty Dollars ($50.00) per year, plus Five Dollars ($5.00) per year for each street patrolman and each unregistered guard. (§ 4, Ord. 1293, eff. March 6, 1958, as amended by § 8, Ord. 2672, eff. September 17, 1998)

Every permit to conduct street patrol services shall contain, among other things, an accurate description of the area in which operations shall be permitted and the names of all street patrolmen permitted to such permittee. (§ 12, Ord. 1293, eff. March 6, 1958, as amended by § 9, Ord. 2672, eff. September 17, 1998)

(a) Applications: Granting or denial. The Council shall grant or deny applications to modify existing patrol system permits in the same manner as in the case of original applications. (b) Decreases in personnel. The permittee of a patrol system shall so inform the Police Chief or his designee within five (5) days after any street patrolman or unregistered guard no longer is an owner, member, or employee of such permittee, and the permittee shall return the permit and badge of such street patrolman or unregistered guard. The Police Chief or his designee shall remove the street patrolman's or unregistered guard's name from the permit of such patrol system. (c) Increases in personnel: Changes of territory. The permittee of a patrol system required to obtain a City permit may at any time file an application with the Police Chief either to change or increase his territory for street patrol operation, or to add street patrolmen or unregistered guards, or both. (§§ 13 through 15, Ord. 1293, eff. March 6, 1958, as amended by §§ 10 and 11, Ord. 2672, eff. September 17, 1998)

The provisions of this article shall not limit the power of the Council to grant a permit to more than one patrol system to operate in the same area. (§ 25, Ord. 1293, eff. March 6, 1958)

No patrol system permittee shall sell or offer to sell any transfer or relinquishment of the privilege to operate a patrol system in territory assigned to him. (§ 20, Ord. 1293, eff. March 6, 1958)

(a) Police Chief approval. Each street patrolman shall wear a badge and a distinctive uniform approved by the Police Chief or his designee. (b) Wearing. While engaged in his duties as such, a street patrolman shall at all times wear the badge and the distinctive uniform approved by the Police Chief or his designee and such street patrolman shall wear no other badges of any kind, character, or description except the badge issued to him by lawful governmental authority, nor shall he wear any other uniform of any kind. (§§ 16 and 18, Ord. 1293, eff. March 6, 1958, as amended by §§ 1 and 3, Ord. 1306, eff. May 15, 1958, § 12, Ord. 2672, eff. September 17, 1998)

No person shall give, deliver, or sell to any private person any private security personnel badge or any badge of a design the same as, or so similar to, the private security personnel badge as to be mistaken therefor. No person shall purchase or receive as a gift, pawn, or pledge any private security personnel badge. (§§ 21 and 22, Ord. 1293, eff. March 6, 1958, as amended by § 13, Ord. 2672, eff. September 17, 1998)

No private security personnel shall wear any uniform which is in imitation of, or can be mistaken for, an official sheriff's uniform or an official police uniform of the police force of any city within the County or an official uniform of any State officer. (§ 23, Ord. 1293, eff. March 6, 1958, as amended by § 14, Ord. 2672, eff. September 17, 1998)

Except as otherwise authorized by law, the Police Chief shall specify the police equipment, including weapons, which private security personnel may wear while on duty. No private security personnel shall wear any equipment or weapon or carry any weapon not so defined or otherwise authorized by law. (§ 26, Ord. 1293, eff. March 6, 1958, as amended by § 15, Ord. 2672, eff. September 17, 1998)

The operator of a patrol system shall neither employ or utilize the services in any way of a street patrolman or unregistered guard whose name is not on the permit of such operator. (§ 19, Ord. 1293, eff. March 6, 1958, as amended by § 16, Ord. 2672, eff. September 17, 1998)

No private security personnel shall, either by himself or through the actions of another, harass, annoy, or commit a nuisance against, or injure the property of, or unnecessarily enter or otherwise trespass upon the property of, any person whose property the patrol system of such private security personnel is not employed to protect. (§ 24, Ord. 1293, eff. March 6, 1958, as amended by § 17, Ord. 2672, eff. September 17, 1998)

No private security personnel shall perform official police or investigative activities but shall immediately report every violation of law and unusual occurrence to the nearest sheriff or sheriff's substation. Such private security personnel shall make to such substation a full report of such violation or other occurrence without unnecessary delay. (§ 27, Ord. 1293, eff. March 6, 1958, as amended by § 18, Ord. 2672, eff. September 17, 1998)

All complaints regarding the activities of patrol systems or of private security personnel employed by patrol systems shall be investigated by the Police Chief or his designee. Reports of such complaints shall be held in the files of the Police Chief or his designee and shall be subject to the inspection of the Council at all times. (§ 28, Ord. 1293, eff. March 6, 1958, as amended by § 19, Ord. 2672, eff. September 17, 1998)

The Council may make rules and regulations governing Patrol systems and private security personnel, which rules and regulations are not inconsistent with the provisions of this article. (§ 29, Ord. 1293, eff. March 6, 1958, as amended by § 20, Ord. 2672, eff. September 17, 1998)

Article 7. Solicitors and Canvassers

For the purposes of this article, “solicitor” or “canvasser” shall mean any individual, whether a resident of the City or not, using telephone service or other communication, or traveling by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street, taking, or attempting to take, orders for the sale of goods, wares, merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales or not. “Solicitor” or “canvasser” shall include any person who, for himself or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, vehicle, hotel room, lodging house, apartment, shop, or any other place in the City for the sole purpose of exhibiting samples and taking orders for future delivery. Such definition shall not include “solicitors” or “canvassers” taking orders or displaying merchandise exclusively from a public sidewalk or public pedestrian path in compliance with Chapter 31 of Title 5 of this Municipal Code. (§ 2, Ord. 1373, eff. November 5, 1959, as amended by § 1, Ord. 1424, eff. March 23, 1961, § 2, Ord. 3123, eff. December 18, 2018)

Any solicitor or canvasser, as defined in § 3-1.701 of this article, who engages in such business within the City without first obtaining a permit therefor in compliance with the provisions of this article shall be guilty of a misdemeanor. (§ 1, Ord. 1373, eff. November 5, 1959, as amended by § 4, Ord. 2094, eff. August 14, 1980)

Applicants for permits to solicit or canvass shall file with the License Official a sworn application in writing, in duplicate, on a form to be furnished by the License Official, giving the following information: (a) The full name, permanent home address, and full local address of the applicant; (b) A brief description of the nature of the business and the goods to be sold; (c) If employed, the name and address of the employer and the name and address of any local or State office or manager, together with credentials establishing the exact relationship: (d) The length of time for which the right to engage in business is desired; (e) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, is manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery; (f) Evidence that the applicant has his photograph and fingerprints on file with the Police Department; and (g) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal law, the nature of the offense, and the punishment or penalty assessed therefor. (§ 3, Ord. 1373, eff. November 5, 1959)

At the time of filing such application, a fee in the amount of Ten Dollars ($10.00) shall be paid to the License Official to cover the cost of investigating the facts stated therein. Such administrative fees shall be for services and shall not be returned to the applicant. (§ 3, Ord. 1373, eff. November 5, 1959)

Upon the receipt of such application, the original shall be referred to the Police Chief who shall cause such investigation of the applicant's business and moral character to be made as the Police Chief deems necessary for the protection of the public welfare. (§ 4A, Ord. 1373, eff. November 5, 1959)

If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Police Chief shall, within fourteen (14) days, endorse on such application his disapproval and his reasons for the same and shall return the application to the License Official who shall notify the applicant that his application is disapproved and that no permit shall be issued. (§ 4B, Ord. 1373, eff. November 5, 1959)

(a) Appeals: Filing. Any person aggrieved by the action of the Police Chief or License Official in the denial of a permit, provided in § 3-1.706 of this article, shall have the right of appeal to the Council. Such appeal shall be taken by filing with the Council, within fourteen (14) days after a notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. (b) Hearings: Notices. The Council shall set a time and place for hearing such appeal and a notice of such hearing shall be given to the appellant in the same manner as provided in § 3-1.713 of this article for notices of hearings on the

revocation of permits. (c) Hearings: Council action. The decision and order of the Council on such appeal shall be final and conclusive. (§ 10, Ord. 1373, eff. November 5, 1959)

If as a result of the investigation required by the provisions of § 3-1.705 of this article, the applicant's character and business responsibility are found to be satisfactory, the Police Chief shall, within fourteen (14) days, endorse his approval on the application and return such application to the License Official who shall, upon payment of the prescribed permit fee, deliver to the applicant his permit. No solicitor's permit shall be issued for more than one person; provided, however, supplementary permits may be issued to additional solicitors who represent an organization currently holding a permit as a solicitor in the City. (§§ 4C and D, Ord. 1373, eff. November 5, 1959)

The License Official shall issue to each permittee at the time of the delivery of his permit, a permit holder of the proper size to hold the issued permit, together with a photograph at least one and one-fourth inches (1¼") by one and one-fourth inches (1¼") of the applicant taken not more than thirty (30) days prior to his application for a permit. Such permit and holder shall, during the time such permittee is engaged in soliciting, be worn constantly by the permittee on the front of his outer garment in such a way as to be conspicuous. (§ 6, Ord. 1373, eff. November 5, 1959)

Solicitors and canvassers shall be required to exhibit their permits at the request of any citizen, in addition to wearing them in a conspicuous place. (§ 7, Ord. 1373, eff. November 5, 1959)

(a) Hearings: Grounds. Permits issued pursuant to the provisions of this article may be revoked by the Council after a hearing following a notice from a court or judge or the Police Chief of any of the following offenses: (1) Any fraud, misrepresentation, or false statement contained in the application for the permit; (2) Any fraud, misrepresentation, or false statement made in the course of carrying on his business as a solicitor or canvasser; (3) Any violation of the provisions of this article; (4) The conviction of any crime or misdemeanor involving moral turpitude; or (5) Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (b) Hearings: Notices. A notice of the hearing on the revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of such hearing. Such notice shall be mailed, postage

prepaid, to the permittee at his last known address at least five (5) days prior to the date set for the hearing. (§ 7, Ord. 1373, eff. November 5, 1959)

(a) Requirements for issuance. Any charity or welfare organization seeking a special solicitation permit shall comply with the provisions of this subsection. Such organization shall: (1) Give evidence to the Council or its appointed representatives that the organization is a nonprofit organization so incorporated in the State; (2) Give evidence that there is a need for the organization to solicit and shall state the purpose and length of time of the solicitation, the number of solicitors, and other necessary information as listed on the application for a special permit; (3) Fill out an application requesting a special solicitation permit without fee; and (4) Publish in a local newspaper, before and after the permit is granted, the intent to solicit, stating the area of the City to be solicited. (b) Issuance for additional workers. The License Department shall provide special supplementary limited permits to permittees for additional workers for qualified charity canvassing for an additional fee of Three Dollars ($3.00) per worker unless such special fee is waived by the Council or its representative. (§ 5D, Ord. 1373, eff. November 5, 1959)

(a) Where a payment or deposit is demanded in advance of the final delivery of goods or services, the License Official shall require that a cash or surety bond in the sum of Five Hundred and Dollars ($500.00) be furnished by each person engaged in the business of canvassing, soliciting, or taking orders for goods, wares, merchandise, or articles, or for services to be performed, conditioned upon the making of such final delivery of the goods ordered or services to be performed in accordance with the terms of such order, or failing therein that the advance payment on such order shall be refunded. (b) Any person aggrieved by the action of any such solicitor or canvasser shall have the right of action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in the case of cash deposits, such deposits shall be retained by the City, for a period of ninety (90) days after the expiration of the permit, unless sooner released by action of the Council. The provisions of this subsection shall not apply to any authorized agent or representative of a regularly established business in the City. (§§ 5A and B, Ord. 1373, eff. November 5, 1959)

It shall be the duty of any police officer of the City to require any person seen soliciting or canvassing, and who is not known by such officer to hold a permit, to produce such person's solicitor's or canvasser's permit and to enforce the provisions of this article against any person found to be violating the same. (§ 8, Ord. 1373, eff. November 5, 1959)

The provisions of this article shall not apply to commercial travelers or selling agents selling goods, wares, or merchandise to dealers at wholesale for resale purposes, or to persons, firms, or corporations who use the purchased goods, wares, or merchandise in the making of a product to be manufactured in the City, or to any person holding a license pursuant to the provisions of Article 1 and 2 of this chapter, subject to such requirements as the Council may set forth by resolution relating to applications for identification badges and the wearing of such badges. (§ 2, Ord. 1373, eff. November 5, 1959, as amended by § 1, Ord. 1424, eff. March 23, 1961)

Article 8. Adult Businesses and Adult Business Performers

The purpose of this subsection is to facilitate regulation of adult businesses and adult business performers pending resolution of issues regarding the prior-permitting of such establishments and their performers raised in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998). The intention of the registration requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate such establishments, that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by the City of Ontario. (a) Registration of adult businesses. Any person, association, partnership or corporation desiring to obtain a business license tax certificate for an adult business shall make an application for a registration certificate, under oath, to the City Manager or designee. The application shall be accompanied by the appropriate fee to be established by separate resolution of the City Council. The application shall be submitted on a form provided by the City indicating: (1) The name, current permanent residential address and telephone number of the applicant; (2) The business name, proposed business address of the adult business and its telephone number. (a) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation along with the application. The application shall indicate the address of the corporation, if different than the address of the adult business, as well as the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation. The applicant shall show that the corporation is in good standing under the laws of the State of California; (b) If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners, and the address of the partnership itself, if different than the address of the adult business; (3) The name and permanent address of the owner of the property upon which the applicant intends to locate the adult business; (4) In the event the applicant is not the owner of record of the real property upon which the adult business will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult business is or will be located on the property. In addition, the applicant shall furnish a copy of the lease or rental agreement pertaining to the premises in which the adult business will be located; (5) The date, hours and location where the adult business is proposed to be conducted, and the admission fee, if any, to be charged; (6) The name(s) of person(s) having the management or supervision of the applicant’s business; (7) Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons for such revocation or suspension. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

nal license or permit revoked or suspended, and the reasons for such revocation or suspension. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(8) Driver’s license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners; (9) Acceptable written proof that the applicant is at least eighteen (18) years of age. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners; (10) The height, weight, eye color, hair color and date of birth of the applicant. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners; (11) The business, occupation or employ- ment history of the applicant covering the five (5) year period immediately preceding the date of filing the application. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners; (12) Each residence and business address of the applicant for the five (5) year period immediately preceding the date of filing the application. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners; (13) One front-facing portrait photograph of the applicant measuring at least two (2) inches by two (2) inches and a complete set of applicant’s fingerprints taken by Ontario Police Department. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners; (14) A detailed description of the proposed adult business, including the type of activities, services and entertainment to be provided, the number of employees and persons engaged as performers, and any further information about the adult business or performers, as the City Manager or designee deems necessary; (15) The name and address of any other adult business owned and operated by any person whose name is required to be given in subsection (a)(1) or (a)(2) above; (16) A description of any other business to be operated on the same premises or adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners; (17) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; (18) Such other identification and infor- mation necessary to discover the truth of the information set forth in the application; (19) The applicant shall also provide, for any person whose name is required to be given in subsection (a)(6) of this section, the information requested in subsections (a)(9), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16) and (a)(18); (20) Whether the applicant or any indivi- duals required to be listed on the application has within the two or five (5) year period specified in § 3-1.802 immediately preceding the date of the application, been convicted of a specified

n subsection (a)(6) of this section, the information requested in subsections (a)(9), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16) and (a)(18); (20) Whether the applicant or any indivi- duals required to be listed on the application has within the two or five (5) year period specified in § 3-1.802 immediately preceding the date of the application, been convicted of a specified

criminal act, and, if so, the specified criminal act committed and the date and place of conviction; (21) Five (5) copies of a site plan, drawn to an appropriate scale and fully dimensioned, showing the lot, all existing and proposed buildings, parking areas, landscaping, walls, and lighting; (22) Five (5) copies of a floor plan, drawn to an appropriate scale and fully dimensioned, showing the interior configuration of the premises, including all walls and permanent fixtures, as well as a summary of the total building area and the total floor space occupied by the adult business; (23) Two (2) copies of vicinity map depicting the property lines of the proposed adult business and the land uses, zones or districts for which minimum separation and locational requirements are in effect pursuant to § 9- 1.1305(b)(4) of the Ontario Municipal Code. The proposed vicinity map shall be prepared by a registered civil engineer or licensed land survey whose original wet stamp shall appear on the face of the vicinity map drawing. The proposed vicinity map shall also include a statement certifying the map was prepared within the last thirty (30) days prior to the submittal of the adult business application; (24) An adult business that obtains a registration certificate to conduct adult business uses shall notify the City’s Business Licensing Department of any change in the information required to be furnished by this section within thirty (30) days after such change occurs. A registration certificate issued shall be permanently displayed at the location. (b) Registration of adult business performers. (1) Any person wishing to be engaged as an adult business performer shall submit an application to the City Manager or designee, under oath, for a registration certificate. The application shall be accompanied by the appropriate fee to be established by separate resolution of the City Council. (2) An application for an adult business performer shall include the following information: (i) The name, including all names, nicknames and aliases by which the applicant has been known and a listing of their residence address for the last three (3) years; (ii) Social security number, driver’s license number, if any, and date of birth; (iii) The applicant’s weight, height, color of eyes, and sex; (iv) Written evidence that the applicant is at least eighteen (18) years of age; (v) Fingerprint cards to be taken by the Ontario Police Department; (vi) Two front-faced portrait photographs at least two (2) inches by two (2) inches in size and taken within thirty days of the date of the application; (vii) Whether the applicant has within the two or five year period specified in § 3-1.802 immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act committed and the date and place of conviction; (viii) Authorization for the City, its agents and employees to seek further information and conduct an investigation into the truth of the statements set forth on the application; (ix) A written declaration by the applicant, under penalty or perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City. (Added by § 7, Ord. 2682, eff. March 4, 1999)

(a) No adult business shall operate within the City, nor shall an adult business performer perform within the City, if any person required to be listed on an application pursuant to § 3-1.801(a) or (b) has been convicted of a “specified criminal act” for which: (1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts;

(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for a specified criminal act; (3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if convictions are of two (2) or more misdemeanors for the specified criminal act occurring within any twenty four (24) month period; (4) The fact that a conviction has been appealed shall have no effect on disqualification of the applicant. (b) For purposes of this chapter, “Specified Criminal Acts” shall be defined as sexual crimes against children, sexual abuse, rape or crimes of a sexual nature including, but not limited to the distribution of obscenity or materials harmful to minors, including distribution via the Internet, prostitution or pandering. (Added by § 7, Ord. 2682, eff. March 4, 1999)

Upon receipt of an application under § 3-1.801(a) or (b), the City Manager or designee shall determine, within three (3) business days, if the information provided is complete. If the information is complete and the applicant has complied with the requirements of this chapter and the adult business location and operation complies with all applicable requirements for adult businesses contained in the Ontario Municipal Code, the City Manager or designee shall issue a “registration certificate” indicating that the applicant has complied with the requirements of this chapter. If the information is not complete, the City Manager or designee shall provide written notice to the applicant of the reasons for the determination that the application is incomplete. (Added by § 7, Ord. 2682, eff. March 4, 1999)

CHAPTER 2: CLAIMS AND DEMANDS

CHAPTER 2: CLAIMS AND DEMANDS

3-2.01 General 3-2.02 Special claims procedures 3-2.03 Filing 3-2.04 Claims covered by insurance 3-2.05 Purchases, supplies, or services 3-2.06 No enjoining collection of taxes, assessments, or fees/payments required as condition to filing suit

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code of the State (commencing with Cal. Rev. & Tax. Code § 6001), wherever the State is named or referred to as the taxing agency, the name of the City shall be substituted therefor. Such substitution, however, shall not be made when the word “State” is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the State; the substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of the provisions of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use, or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use, or other consumption remains subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code (commencing with Cal. Rev. & Tax. Code § 6001), or to impose this tax with respect to certain sales, storage, use, or other consumption of tangible personal property which would not be subject to tax by the State under the provisions of the Code; the substitution shall not be made in Cal. Rev. & Tax. Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, or 6828; and the substitution shall not be made for the word “State” in the phrase “retailer engaged in business in this State” in Cal. Rev. & Tax. Code § 6203 or in the definition of that phrase in Cal. Rev. & Tax. Code § 6203. (§ 1, Ord. 1873, eff. January 1, 1976)

If a seller's permit has been issued to a retailer pursuant to the provisions of Cal. Rev. & Tax. Code § 6067, an additional seller's permit shall not be required by the provisions of this chapter. (§ 1, Ord. 1873, eff. January 1, 1976)

(a) The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code (commencing with Cal. Rev. & Tax. Code § 7200) by any city and county, county, or city in this state shall be exempt from the tax due under this chapter. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. (d) In addition to the exemptions provided in Cal. Rev. & Tax. Code §§ 6366 and 6366.1, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government is exempted from the use tax. (§ 1, Ord. 1873, eff. January 1, 1976, as amended by § 1, Ord. 2264, eff. December 21, 1983)

All subsequent amendments of the Revenue and Taxation Code of the State, which amendments relate to sales and use taxes and which are not inconsistent with the provisions of Part 1.5 of Division 2 of said Revenue and Taxation Code (commencing with Cal. Rev. & Tax. Code § 7200), shall automatically become a part of this chapter. (§ 1, Ord. 1873, eff. January 1, 1976)

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this chapter or Part 1.5 of Division 2 of the Revenue and Taxation Code of the State (commencing with Cal. Rev. & Tax. Code § 7200) of any tax or any amount of tax required to be collected. (§ 1, Ord. 1873, eff. January 1, 1976)

(§ 1, Ord. 1873, eff. January 1, 1976, repealed by § 5, Ord. 2094, eff. August 14, 1980)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (§ 1, Ord. 1873, eff. January 1, 1976)

Ordinance No. 1816 (Chapter 5 of Title 3 of this Code) relating to the imposition of a sales and use tax in the City is repealed effective January 1, 1976. (§ 1, Ord. 1873, eff. January 1, 1976)

The provisions of this chapter shall take effect January 1, 1976. (§ 1, Ord. 1873, eff. January 1, 1976)

CHAPTER 6: TRANSIENT OCCUPANCY TAXES

CHAPTER 6: TRANSIENT OCCUPANCY TAXES

3-6.01 Title of provisions 3-6.02 Definitions 3-6.03 Tax imposed 3-6.04 Exemptions from provision 3-6.05 Operator's duties 3-6.06 Letting of rooms to minors prohibited; exceptions 3-6.07 Hotel registration and certificate 3-6.08 Guest registration 3-6.09 Reporting and remitting 3-6.10 Room rates and regulations; hourly rates prohibited 3-6.11 Penalties and interest 3-6.10 Room rates and regulations; hourly rates prohibited 3-6.12 Failure to collect and report tax 3-6.13 Appeals 3-6.14 Recordkeeping and inspection 3-6.15 Refunds 3-6.16 Actions to collect 3-6.17 Cessation or change of ownership 3-6.18 Additional powers and duties of the Tax Administrator

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: (a) Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: (1) The word "State" is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the

State of California; (2) The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter. (3) In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: (A) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or (B) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. (4) In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. (b) The word "city" shall be substituted for the word "state" in the phrase "retailer engaged in business in this state" in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203. (1) "A retailer engaged in business in the District" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. (Ord. 3239, eff. January 19, 2023)

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. (Ord. 3239, eff. January 19, 2023)

(a) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. (b) There are exempted from the computation of the amount of transactions tax the gross receipts from: (1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. (2) Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: (A) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section

21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and (B) With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. (3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter. (4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this chapter. (5) For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (c) There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: (1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. (2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. (3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter. (4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this chapter. (5) For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (6) Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. (7) "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. (d) Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part

hicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. (d) Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. (Ord. 3239, eff. January 19, 2023)

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. (Ord. 3239, eff. January 19, 2023)

The tax imposed by this chapter shall continue until this chapter is repealed. (Ord. 3239, eff. January 19, 2023)