Chapter 5.12 — CLASS V AND VI BUSINESS LICENSES

Home occupation is as defined in Section 17.04.910. License fees are to be established according to applicable sections of this chapter.

(Ord. 238 § 2(part), 1990: prior code § 5-602.1)

A.

The license fee for every person conducting, carrying on, or managing the business of advertising by means of distributing dodgers, handbills, circulars, printed advertisements, cards, tickets, or advertising samples of merchandise shall be as specified in Section 5.16.330.

B.

For the purposes of this chapter, "conducting, carrying on, or managing the business" shall mean the doing of any act, or series of acts, or distributing of advertising in any manner specified in this chapter.

(Ord. 238 § 2 (part), 1990: prior code § 5-602.2.1)

The license fee for any person exhibiting or charging a compensation for the use of any microscope, telescope, lung or muscle tester, photographic diversion, ball, knife, or ring throwing, galvanic battery, or other feat, performance, or diversion of a similar character or dependent on chance or skill, where no other license is provided for in this chapter, shall be as specified in Section 5.16.330. The provisions of this subsection shall not apply to street carnivals.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.2)

The license fee for an arts and crafts show or art exhibit where products are sold for a profit by the artist, maker or designer shall be as specified in Section 5.16.330. Such fee shall be paid by the promoter of such event.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.3)

A.

The license fee for every person conducting automobile racing, motorcycle racing, football games, basketball games, wrestling matches, boxing matches, or other athletic events or exhibitions shall be as specified in Section 5.16.330, excluding any person actually participating therein, for each such event.

B.

Any person desiring to conduct any event subject to the license fee required by the provisions of this chapter shall first obtain a permit from the finance officer at least thirty days prior to the time of any such event. The application shall be on a form prescribed by the finance officer and any person receiving a permit shall obtain from the finance officer report forms on which to submit a report of the license fee due pursuant to the provisions of this chapter and shall submit such report to the finance officer at the time the license fee is paid. Such report shall be executed under penalty of perjury by the person reporting the fee payable pursuant to the provisions of this chapter.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.4)

Every person engaged in conducting, managing or carrying on a carnival shall pay a license fee as prescribed in Section 5.16.330.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.7)

Every person engaged in conducting, managing or carrying on a circus, menagerie or wild west show, shall pay a license fee as specified in Section 5.16.330.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.5)

Confectionery wagons, push carts or other vehicles used for sale or offering of ice cream, soft drinks, candies, prepared foodstuffs or other foods for immediate consumption and shall pay a license tax as specified in Section 5.16.330. All vendors included within this section shall operate their business only between the hours of eight a.m. and eight p.m. and then the hours of eight a.m. to nine p.m. in the summer months however, the businesses shall be permitted on Park Blvd., E Street or G Street, between Anchor Avenue and Hills Valley Avenue on private property only with the written consent of the business owner at that property, and the written consent has to be filed with the city. The operation of the businesses in any manner other than that provided herein shall constitute a nuisance and an infraction.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.8)

(Ord. No. 384, § 2, 8-22-2018)

A.

The license fee for every person who advertises or calls attention to the business, profession, trade, or calling of any person by giving demonstrations on foot or from any wagon, automobile, or vehicle, or from any stand, box or platform on any street, alley, sidewalk, or place, or in any doorway of any room or building, or an any unenclosed or vacant lot shall be as specified in Section 5.16.330; provided, however, nothing contained in this section shall be deemed to authorize the licensing of any act prohibiting by law.

B.

The provisions of this section shall not apply to newsboys selling newspapers.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.9)

The license fee for every person who conducts a garage sale shall be as specified in 5.16.330.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.10)

A.

The license fee for every person conducting, carrying on, or managing the business of peddling tickets, checks, or coupons to be used in payment, for picture frames, pictures, portraits, photographs, or the enlarging or retouching of the same, and who does not maintain a fixed place of business within the city where such articles are kept or made, shall be as specified in Section 5.16.330.

B.

Bond. If a deposit is required in advance of the final delivery of work or services described in subsection A of this section, the licensee shall, before obtaining a license under Section 5.16.330, file with the clerk a bond in the penal sum of five hundred dollars executed by an established surety company, or executed by two responsible freeholders residing in the city or in lieu thereof shall make a cash deposit in the sum of five hundred dollars, conditioned upon making a final delivery of the finished photographic work, in accordance with the terms of such order, or failing therein, that the advanced payment on such order be refunded, and conditioned further, that any person aggrieved by this action or any such person soliciting or taking orders for photographic work or supplies or selling coupons for such work or supplies as hereinbefore set forth in Section 5.16.330 shall have a right of action on the bond for the recovery of money or damages or both. The bond shall be retained by the city for thirty days after the expiration of the license granted at the time of filing bonds. The form of the bond or security shall be approved by the city attorney.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.11)

A.

The license fee for every itinerant vendor who does not maintain a fixed place of business in the city and who sells at retail any type of merchandise shall be as specified in Section 5.16.330.

B.

For the purposes of this chapter, "itinerant vendor" means any person, either as principal or agent, who engages at retail in a temporary and transient business in the city and who sells any type of merchandise.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.12)

Any person doing business outside the city soliciting job printing within the city shall pay a license as specified in Section 5.16.330.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.13)

A.

For the purpose of this chapter, "merchandise coupons" means any coupon, certificate, ticket, book, card or pass book for which the holder thereof can obtain goods, wares, merchandise or services.

B.

No person shall sell, offer to sell, solicit the sale of, take orders for, give away, offer to give away, distribute or deliver, for the payment of a fee or charge which is less than seventy-five percent of the retail value or like goods, wares, merchandise or services in the city, a merchandise coupon without first obtaining a license and a police permit pursuant to this chapter and Section 5.16.330.

C.

Bond Requirements.

Each applicant for a license required by this section shall furnish to the chief of police a bond in the sum of one thousand dollars.

The form of the bond shall be approved by the city attorney of the city.

D.

License Investigation. Upon receipt of the application, the finance officer shall refer the application to the building department, the fire department, the police department, the city planning department, and the county health department, each of which, within a period of thirty days from the date of application, shall review records and make an inspection of the premises proposed to be used as a massage establishment and shall make a written recommendation to the finance officer concerning compliance with the law.

E.

Issuance or Denial of License. The finance officer shall issue such license if based upon the above described investigation and reports, it is found:

The operation, as proposed by the applicant, if licensed, would comply with all applicable laws, including but not limited to, the city's building, zoning and health regulations;

That the applicant has not been convicted in a court of competent jurisdiction of:

a.

An offense involving the use of force or violence upon the person of another, or

b.

A crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.7, 314, 315, 316, 318 or 647(a), (b) or (d) of the Penal Code,

c.

A crime requiring registration under Section 11850 California Health and Safety Code, or violations of Sections 11531, 1157, 11910, 11912 of the Health and Safety Code,

d.

Any of the above substantive offenses as defined in the laws of any jurisdiction other than the state;

That the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of fact in the license application or any other document required by the city in conjunction therewith.

If one or more of the above described findings cannot be made, the license shall be denied. In the event of denial, notifications and reasons for denial shall be set forth in writing by the finance officer and shall be sent to the applicant by means of registered or certified mail or hand delivery.

F.

The bond shall be acknowledged by the applicant as principal and by a corporation licensed by the insurance commission of the state to transact the business of a fidelity and insurance surety company in this state as surety.

G.

The condition of the bond shall be that any person injured by any misrepresentation, fraud, breach of contract or failure or refusal to deliver as represented any goods, or render any services, in whole or in part, may recover against the bond any damages suffered thereby, including reasonable attorney's fees.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.14)

A.

Purpose and Intent. It is the purpose and intent of the city council in adopting this section to protect and preserve the health, safety and welfare of the inhabitants of this city through the enactment of standards of sanitation, professional competence, fire safety and building construction as the standards shall apply to massage establishments and massagists.

B.

Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

"Massage" means the administration by any person of any method of exerting or applying pressure, friction, moisture, heat or cold to the human body by any physical or mechanical means for any form of consideration.

"Massage establishment" means any establishment or operation wherein a massage is administered, or is permitted to be administered, when such massage is administered or permitted to be administered for any

form of consideration.

"Massagist" means any person who administers a massage for any form of consideration.

C.

Massage Establishment—License Required.

No person shall engage in, conduct or carry on, in or upon any premises within the city a massage establishment unless an annual license for the operation of a massage establishment has been issued by the finance officer of the city and unless the license remains in effect in conformity with the provisions of this chapter.

Renewal of License—Fee. All massage establishment licenses shall be renewed on or before the first day of July of each year. If, on or before the above date, the licensee applies for the renewal of the license, the finance officer shall grant such renewal provided that all facts set forth on the original application are substantially the same and provided that such application is accompanied by a fee as specified in Section

If all facts set forth on the original application are not substantially the same, the applicant for

renewal shall comply with all the requirements set forth in this division for an initial application for a license.

Massage Establishments—License Procedure. Each application for a massage establishment license shall be upon a form provided by the finance officer and shall be submitted to the finance officer.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.15)

A.

"Peddler" means any person who, at any place in the city other than a fixed place of business, sells or takes orders or offers to sell or take orders, sells and makes immediate delivery or offers for sale and immediate delivery of for future delivery not for resale, any goods, wares, merchandise or other thing or service to be performed shall obtain a license fee as specified in Section 5.16.330.

B.

"Established peddler" means every person who at any place in the city other than a fixed place of business sells orders or offers to sell or take orders, sells, and makes immediate delivery or offers for sale immediate delivery or for future delivery not for resale, any goods, wares, merchandise or other thing or service to be performed and who has continued the peddling for a period of more than one hundred twenty days. A license fee as specified in Section 5.16.330 shall be paid.

(Ord. 238 § 2 (part), 1990: prior code § 5-602.2.16)

Producers of foodstuffs who solicit or offer for sale their own products when the total gross sales thereof do not exceed two hundred dollars per month; provided, however, that such producer shall first file with the finance officer an affidavit setting forth his name and address, the amount and variety of the produce he proposes to sell, the place where such produce was grown or produced and that such produce was grown and produced by him. Provided, further, that each year every such producer shall obtain a permit from the finance officer before being permitted to make any sales of such products and pay a license fee as specified in Section 5.16.330.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.17)

A.

License Tax for Operating, Leasing Dance Hall. Every person transacting and carrying on the business of a dance hall or leasing a dance hall to person for public dances shall pay license fees as specified in Section 5.16.330.

B.

Hours of Dances. No public dance shall be conducted between the hours of two a.m. and six a.m.

C.

Police Chief to Provide Supervision at Dances. The chief of police shall, in such manner as he may deem necessary cause dance halls to be policed during the hours that public dancing is being held therein or require private security as specified in Section 5.16.330.

D.

Fees for Supervising—Reason for Fees. The police chief shall charge a fee as established by city council resolution for each public dance in order to pay the costs of policing the dance hall.

E.

Disposition of Fees for Policing. The fee for the policing of a public dance shall be paid to the finance officer and deposited into the general fund of the city.

F.

Carrying, Transporting Liquor into Public Dances—Proprietor's Responsibility. No person shall carry or transport into any place where public dances are held any wine, beer or other intoxicating liquor in any kind of container whatever, nor shall the proprietor of such place where dancing is conducted permit the same.

(Ord. 262 § 1, 1988; Ord. 238 § 2(part), 1990: prior code § 5-602.2.18)

Every person engaged in conducting, managing or carrying on a sideshow or aftershow to a circus and not conducted under the same management, and when a separate admission fee is charged or donation of money in any manner received therefor, shall pay a license fee as specified in Section 15.16.330.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.6)

A.

No person in the city shall sell or advertise in any manner whatever a sale or auction of any goods or merchandise at a sidewalk sale, without obtaining a special permit from the city administrator. The applicant shall comply with all applicable city ordinances and regulations.

B.

For all sidewalk sales by merchants and fund raising promotions by nonprofit organizations of three days or less in duration, the city administrator may approve the application; provided, however, the section shall not limit nonprofit organization from open space sales in places other than on sidewalks.

C.

In all cases, the permittee shall furnish to the city a certificate of insurance re public liability in an amount satisfactory to the city council, naming the city as coinsured thereunder, but not less than five million dollars minimum.

D.

No more than four community sidewalk sales per calendar year shall be permitted, and the sale shall not exceed three days in length.

E.

The provisions of this section shall apply to all such sales whether conducted by the owner, tenants, their agents, consignees or otherwise and/or by profit and nonprofit organizations.

F.

The building inspector and police department shall enforce the provisions of this section and may establish other necessary rules and regulations pertaining to the sale affecting the public health and safety, and providing a reasonable area for public travel.

G.

The police department shall have the right to order the withdrawal from sale of any items which do not comply with this section.

(Ord. 238 § 2(part), 1990: prior code § 5-602.2.19)

A.

"Solicitor" means every person who solicits, canvasses or takes orders from place to place in the city for any goods, wares or merchandise or any article to be delivered some time in the future or for service to be performed in the future, or making, manufacturing or repairing of any article whatsoever for future delivery shall pay a license fee as specified in Section 5.16.330.

B.

"Established solicitor" means every person who solicits, canvasses or takes orders from place to place in the city for any goods, wares or merchandise or any article, to be delivered some time in the future or for service to be performed in the future or for making, manufacturing or repairing of any article whatsoever for future delivery and who conducts such business from established place in the city for a period of more than one hundred and twenty days shall pay a license fee as specified in Section 5.16.330.

C.

Bond. Where payment or deposit is demanded in advance of final delivery of articles referred to in Section 5.12.160A, the licensee shall furnish to the clerk a bond. Such bond shall be in the penal sum of five hundred dollars executed by a surety company or by two responsible freeholders residing in the city (or in lieu thereof a cash bond of equal amount), conditioned upon the making of final delivery of the goods ordered, or services to be performed, in accordance with the terms in such order or failing therein that the advance payment on such order be refunded. 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 case of cash deposit such deposit shall be retained by the city, for a period of ninety days after the expiration of such license unless sooner released by action of the council.

(Ord. 238 § 2 (part), 1990: prior code § 5-602.2.20)

A.

Intent. It is the intent of this section that swap meets be subject to proper regulations similar to regulations applicable to businesses with similar problems, that swap meet owners and operators pay their share of regulatory costs and that the citizens who attend swap meets be protected by appropriate control of swap meet operations.

B.

Hours of Operation. The business regulated by this section shall be conducted between six a.m. and six p.m.; provided, however, that no one shall be admitted to the swap lot after five p.m.

C.

Exchanging, Selling, Etc. Firearms, Explosives at Swap Meets. No person shall exchange, barter, trade or sell firearms or explosives at a swap meet.

D.

Trading Area Specifications. Swap meet activities shall be conducted only in a building, structure or other area enclosed by a permanent fence which is sufficient to enable the owner or operator, or his employee, to control effectively the ingress and egress of persons and merchandise.

E.

Admission Records to Be Submitted—Contents. The owner or operator of an enterprise described in this division, or his employee or agent, shall be required to submit daily to the chief, on forms prescribed by him, an admission record showing the following information on merchandise brought to the swap meet for sale or trade:

The date and time of the entry;

The name and address of the person bringing the merchandise;

A description of the vehicle and license number, if any, of the vehicle bringing the merchandise;

A general description which reasonably describes all property brought in the trading area; provided, however, that where property is identifiable by serial number, where property has distinctive or personal identifying marks such as names or initials or where property shows evidence of having had such identifying marks, the property shall be specifically described, including the serial numbers and distinctive identifying marks along with color, name and make;

The signature of the person bringing such merchandise;

Forms of admission records to be available for inspection. The forms of admission records required by this subsection shall be available for inspection by the city during normal business hours;

Licensee to File Annual Statement of Gross Receipts. A licensee shall, within one month after the expiration of each calendar year, file with the chief a duly verified statement showing in detail the total gross receipts of the licensee during the preceding calendar year arising from his swap meet operations.

Arrangement of Merchandise to Allow Inspections. All merchandise admitted into a swap meet area shall be arranged so that the chief, the building inspector, the county health officer, the fire chief, and other officials may have access for inspection at all times during hours of operations.

Operators to Post Regulations. The operator of a swap meet shall post the local regulations relative to swap lots and swap meets in a conspicuous place on the premises where the swap meet is conducted.

Furnishing False Information, Failing to Furnish Information Prohibited. No person shall knowingly furnish false information or fail to furnish information where information is required by this chapter.

Required. No person shall operate a swap meet in the city unless such person has been issued a license as provided by this chapter.

To Whom Application Made—Form of Application. An application of a license required by this chapter shall be made to the chief on forms provided by the chief.

Investigation Upon Receipt of Application. Immediately upon receipt of an application for a license required by this division the chief shall proceed to investigate the truth of the matters set forth in the application, the character of the applicant, the character of the persons who have direct management of the swap meet and the character of the premises proposed to be used as a swap lot.

Authority to Approve, Deny Applications—Grounds for Denial. The chief shall approve or deny the issuance of the license for which an application is made pursuant to this section. The chief shall have the power to deny any application if:

a.

It shall appear that the applicant or the person to have direct management of the swap meet is not suitable or proper person to carry on the swap meet operation;

b.

The premises proposed to be used as a swap lot is not suitable or proper place for swap meets; or

c.

The health, welfare or public morals of the community warrant such denial.

Appeal of Application Denial—Authorized—Procedure—Council's Authority—Effect of Council's Decision.

a.

Any person aggrieved by the denial of a license may appeal in writing to the council. Such appeal shall, within five days after notice of the denial of a license by the chief be filed with the city clerk who shall set the matter for hearing as soon as practical and notify the chief and the license applicant by mail of the time and place set for the hearing.

b.

Any interested person may appeal and present evidence at the public hearing.

c.

The council may approve or deny the issuance of the license and the action of the council on such appeal shall be final.

Issuance. Upon approval of an applicant by the chief of police for a license required by this chapter and upon payment by the applicant of the required license tax, the finance officer shall issue a license.

License Fees. The tax for a license required by this chapter shall be as specified in Section 5.16.330.

Transferability. A license issued pursuant to this chapter shall not be transferable.

(Ord. 238 § 2 (part), 1990: prior code § 5-602.2.21)