Pismo Beach Municipal Code Ch. 5.04 Business Licenses Generally

As used in this chapter the following words shall have the following respective meanings:

“Administrator” means the city’s administrative services director.

“Applicant” means a person who has submitted an application or statement pursuant to this chapter.

“Business” means professions, trades and occupations and all and every kind of calling carried on for profit or livelihood.

“City” means the City of Pismo Beach.

“Fixed place of business” means the premises in the city occupied for the particular purpose of conducting the business, and regularly kept open for the purpose with a person in attendance for the purpose of attending to such business.

“Gross receipts” shall be the total amount of the sale price of all sales and the total amount charged or received from the performance of any act, service or employment of whatever nature it may be, for which a charge is made or credit allowed, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares or merchandise. Included in “gross receipts” shall be all receipts, cash, credits, and property of any kind or nature, except as hereinafter excluded, and any amount for which credit is allowed by the seller to the purchaser.

A. No deduction shall be made from gross receipts on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever.

B. Excluded from “gross receipts” shall be:

1. Cash discounts allowed and taken on sales.

2. The value of property accepted as part of the purchase price and which property will later be sold, any tax which is measured by the sales price or the gross receipts from the sale or which is a stated sum per unit of such property sold whether included in or added to the purchase price so long as it is collected from the consumer or purchaser upon the sale.

3. Any amount refunded either in cash or by credit upon rescission of a sale or a contract of sale.

4. All sales of alcoholic beverages and all other receipts or income which are subject to excise or occupation taxes by the State Department of Alcoholic Beverage Control.

C. “Gross Receipts” are calculated separately for each person who does business in the city and is not otherwise exempt from the tax, even if two such persons do business at the same location. For example, if the operator of a commercial rental calculates its gross receipts separately from each of its tenants and such operator calculates its gross receipts based on the charges it makes (to tenants or others) or the revenues it receives (from tenants or others).

“Jobbing business” means every business conducted solely for the purpose of selling goods, wares, or merchandise in job lots to wholesale merchants for resale at wholesale to the trade by said wholesale merchants.

“Licensee” means a person who has been issued a license pursuant to this chapter.

“Licensing year” means a period that begins on October 1 of a calendar year and ends on September 30 of the following calendar year.

“Location owner” means the owner or manager of each licensed business which allows the operation by the public of any mechanical amusement device.

“Manufacturer” means one engaged in making materials raw or partly finished, into wares suitable for use.

“Mechanical amusement device” means any table, board, machine, device, or apparatus fitted for use by the public, the operation of which is permitted, controlled, allowed, or made possible by the deposit or insertion of any coin, plate, disc, slug, or key into any slot, crevice, or opening, or by the payment of any fee, and which operates as a game, contest, or amusement, or which may be used as such and does not vend any article or merchandise or any coin, check, or token.

“Operator” means any person engaged in the business of renting out or placing mechanical amusement devices in various locations within the city.

“Person” means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, I, business or common law trusts, societies, and individuals, transacting and carrying on any business in the city.

“Retail business” means every business, not herein otherwise defined, conducted for the purpose of selling, or offering to sell any goods, wares or merchandise.

“Vehicle” means and includes every device in, upon, or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or track.

“Wholesale business” means every business conducted solely for the purpose of selling goods, wares, or merchandise in wholesale lots.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.010)

No person, unless exempt, shall engage in business in the city without having obtained a license from the administrator pursuant to this chapter, and no license shall be issued unless the person applying for the license has paid any amount required by the chapter and complied with all other requirements of this chapter. Where a person engages in business at a fixed location in the city, the license must be displayed in a conspicuous place at that location. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.020)

A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location and in the manner designated in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. Where a business consists of managing commercial property, only one license is required for all such managed properties, provided that the licensee informs the administrator of all locations that are so managed. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.030)

The amount of any license imposed by this chapter shall be deemed a debt to the city, and any person carrying on any business mentioned in this chapter without having a license from said city so to do, shall be liable to any action in the name of the city in any court of competent jurisdiction, for the amount of license by this chapter imposed on such business, together with all penalties then due thereon in any such action, and the sum of thirty-five dollars ($35) which, if judgment be recovered, shall be applied as attorney fees for said plaintiff and included and assessed as recoverable costs in said action. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.040)

A. It shall be the duty of the administrator to prepare and issue a license under this chapter for every person who has met the requirements for issuance of a license pursuant to Section 5.04.020 and each license shall state the licensing year covered thereby, the name of the person to whom issued, the business licensed and the location or place where such business is to be carried on.

B. No license granted or issued under the provisions of this chapter shall be in any manner transferred or assigned, or authorize any person other than is therein mentioned or named to do business.

C. The administrator shall make a charge in an amount set by city council resolution for each duplicate license issued to replace any license issued under the provisions of this chapter which has been lost or destroyed.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.050)

A. All licenses shall be paid in advance in the legal currency of the United States in the manner established by the administrator.

B. Any person carrying on, either as principal or agent, any business in the city not specifically set forth in this chapter shall pay the amount of license described and provided for the business nearest corresponding to the nature of the business sought to be licensed.

C. The annual payment required by this chapter shall be due and payable to the city on the first day of October of each licensing year except that for the initial licensing year for which a license is required, the payment shall be due and payable on the first day in which the licensee conducts business in the city.

(Ord. O-2026-001 § 2 (part), 2026; Ord. 88-03 § 1, 1988: prior code § 5.04.060)

A. Any person desiring the issuance of a license must fully complete the application form provided by the administrator for such purpose. The administrator may require that the application form be completed on a website. Such application shall request all information reasonably needed by the administrator for purposes of administering this chapter.

B. Any person applying for a license must certify, under penalty of perjury, that the contents of their application are true and correct.

C. The administrator shall compute the proper amount of the license in reliance on the information included in the application.

D. In no case shall any mistake made by the administrator in stating the amount of the license prevent or prejudice the collection by the city of what shall be actually due from anyone carrying on a business subject to a license under this chapter.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.070)

A. When a person makes application for the first license to be issued for a newly established business, in all cases where the amount due to the city is based upon gross receipts, such person shall include on their application an estimate of the amount of gross receipts for the current licensing year. Such estimate, if accepted by the administrator as reasonable, shall be used in determining the amount to be paid by the applicant. Such person shall thereupon pay the required license tax in advance, computed in accordance with the information contained in such application.

B. When a person makes application for the first license to be issued for a newly established business, in all cases where the amount due to the city is graduated according to some sliding scale other than gross receipts, such person shall include on their application such information regarding the business characteristic measured by the scale as of the time of filing such application. Such person shall thereupon pay the required license tax in advance, computed in accordance with the information contained in such statement.

C. The administrator may, following the end of the initial licensing year, require that the licensee furnish the administrator with a statement made under penalty of perjury, upon a form furnished by the administrator, stating the actual gross receipts received by the business during that initial licensing year. If such a statement is required by the administrator, then the administrator shall recalculate the amount due for that initial licensing year and the licensee shall pay the revised amount (less a credit for the amount previously paid for the licensing year based on the original application). The administrator shall not issue to any such person another license for the same or any other business until such licensee has made the payment, if any, required by this subsection (C).

D. No amount due under this chapter shall be prorated to reflect that the license will be effective for less than twelve (12) months. However, expect where the amount is calculated based on gross receipts, any person applying for a license on or after April 1 of the initial licensing year shall pay an amount that is one-half (1/2) the annual amount provided in this chapter.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.080)

In all cases where the amount of license tax to be paid is based upon gross receipts or is graduated according to some other sliding scale, the applicant for a renewal of a license shall submit to the administrator for the administrator’s guidance in ascertaining the amount of the license tax to be paid by the applicant a written statement upon a form to be provided by the administrator, certified under the penalty of perjury setting forth such information concerning the applicant's business during the preceding licensing year as may be required by the administrator to enable the administrator to ascertain the amount of license tax to be paid by said applicant pursuant to the provisions of this chapter, and such statement shall be used as the basis for determining the amount of license tax to be paid by the applicant for the renewal period. Where the amount to be paid is calculated based on gross receipts, the applicant may choose to report their gross receipts during the preceding calendar year rather than their gross receipts for the preceding licensing year. Once an applicant has made this election, that applicant must continue to use this calendar-year reporting for all subsequent licensing years.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.090)

A. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable under this chapter.

B. The administrator is authorized to require, either before issuing a license or for up to three (3) years following the issuance of a license, that a licensee make available to the administrator such specific financial records as the administrator reasonably finds are necessary for the administrator to properly determine the amount that is due or to verify statements made by such business on any application or renewal application or in any other communications by the business to the administrator.

C. The information furnished or secured pursuant to this section, or Sections 5.04.080 and 5.04.090, shall be confidential. Any unwarranted disclosure or use of such information by any officer or employee of the city may constitute a misdemeanor and such officer or employee may be subject to the penalty provisions of Chapter 1.20.

D. It is a violation of this code for any person to intentionally make a material misstatement in any statement made to the administrator under penalty of perjury pursuant to this chapter.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.100)

The possession of a business license shall not authorize any person to operate any business on or within city sidewalks, streets, parking lots, piers, beaches, or any other property under the jurisdiction or control of the city unless and until the person also holds a then valid permit, lease, or other written authorization from the city to operate the business on the property.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.105)

A. If any person fails to file any required application within the time prescribed, or if after demand therefor made by the administrator, that person fails to file a corrected statement, or if the administrator determines that information included on an application or statement was incorrect, the administrator may determine the amount of due from such person by means of such information as the administrator may be able to obtain.

B. In case such a determination is made, the administrator shall mail or deliver (by electronic or physical means) a notice of their determination to such person at their last known address, or, if no mailing address is known to the city, by mailing such notice to the address at which the business requiring a license is conducted.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.110)

A. Any person aggrieved by (i) a written refusal of the administrator to issue a license (or a renewal of a license) to that person or (ii) any written revocation of a license may appeal such written refusal or revocation. Such appeal must be made, and hearing proceedings shall be conducted to the greatest extent possible, in accordance with the provisions of Chapter 1.24 of this Code. Appeal pursuant to this subsection (A) shall not be available where the only reason for the administrator’s refusal to issue the license is that person requesting issuance of the license has failed to pay an amount calculated by the administrator.

B. Any person who believes that the administrator has incorrectly calculated the amount due to the city may appeal the administrator’s determination. Such appeal must be made, and hearing proceedings shall be conducted to the greatest extent possible, in accordance with the provisions of Chapter 1.24 of this Code. Appeals pursuant to this subsection (B) shall (i) request a re-determination of the amount due; (ii) state the reason why the amount due is believed to be incorrect; and (iii) set forth a calculation of the amount believed to be due. The hearing officer, as defined in Chapter 1.24, may issue a re-determination based on the information provided in the request for re-determination and information in possession of the city.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.120)

A. The administrator may delegate any of their authority under this chapter to: (i) any subordinate employee of the administrator; (ii) any contractor engaged by the city for the purpose of administering one or more aspects of this chapter; or (iii) any other employee of the city, with the permission of that employee's department head.

B. Notwithstanding a delegation made in subsection (A) of this section, if any bill or written determination under this division includes a return address or payment address that is not located in the city or indicates that the bill or determination has been made by an entity other than the city, the person receiving the bill may request, in writing, that the administrator review such bill or written determination. Such request must be filed with the administrator within thirty (30) days of the mailing or delivering (by electronic or physical means) such determination or the first such bill showing the amount due to the city. If the administrator has not responded to a request for administrator review within thirty (30) days of that request being filed with the administrator, the administrator will be deemed, as of the thirty-first (31st) day following the filing of the request to have determined that the bill or determination of the contractor is correct. Where a request is authorized to be made pursuant to this subsection (B), no appeal pursuant to Section 5.04.130 may be made unless authorized by this subsection (B). Any determination made by the administrator in response to a request pursuant to this subsection (B) shall be appealable as set forth in Section 5.04.130 based on the date such determination was mailed or delivered (by electronic or physical means) to the taxpayer or, if no determination was made, based on the date on which the determination was deemed pursuant to the preceding sentence, to have been made.

C. The administrator is authorized to issue such administrative guidance relating to the provisions of this chapter as they deem necessary. Only guidance that specifically states that it is issued pursuant to this subsection (C) shall be deemed to have been issued pursuant to this subsection (C) and all current guidance issued pursuant to this subsection (C) shall be disseminated on the website of the administrator. Administrative guidance issued pursuant to this subsection (C) represents the city’s interpretation of this chapter, and shall be binding upon any person who has been delegated authority pursuant to subsection (A) of this chapter. The administrator may not delegate the authority to issue administrative interpretations.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.130)

The issuance of a license pursuant to this chapter does not authorize the conduct of a business in any manner that is contrary to the provisions of this code; nor does any fine, penalty, criminal punishment, or other legal consequence of such illegal conduct excuse the payment of any amount due under this chapter or any penalty required by Section 5.04.160. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.140)

For failure to pay a license tax when due, the administrator shall add a penalty of five percent (5%) of said license tax on the fifteenth (15th) day of each month thereafter, providing that the amount of such penalty to be added shall in no event exceed fifty percent (50%) of the amount of the license tax due. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.150)

Except as provided elsewhere in this chapter, every person who engages in business within the city shall pay an annual business tax based upon gross receipts in accordance with the following schedule:

(Ord. O-2026-001 § 2 (part), 2026; Ord. 87-10 § 2, 1987)

A. For the purpose of this section, a “rental unit” means a residential unit having facilities for permanent residential needs of the family within such residence unit. The number of units shall be based on the total number of units in all buildings operated by the licensee within the city; provided, however, that a unit actually occupied by the licensee or by the licensee’s agent or employee as manager of the apartment house shall not be counted as a unit for purposes of this provision.

B. Every person carrying on the business of keeping, operating or managing three or more rental units available for rental in the city shall pay an annual license fee as follows:

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.185)

A. Every person transacting and carrying on the business of contracting shall pay an annual license fee for the particular type thereof as follows:

B. If any person, transacting the businesses enumerated in this section, also carries on a retail, wholesale or jobbing business, or any other business, they shall obtain a license and pay the amount specified for such other business, in addition to the amount specified in this section.

C. Any contractor who does not maintain a fixed place of business within the city shall be required to obtain a license and pay the tax specified in this section, with respect to any contract performed by the contractor within the city.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.190)

Every person carrying on the businesses enumerated in this section shall pay an annual license tax as follows:

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.210)

Every person carrying on the business of operating any truck, trailer or other vehicle for the transportation of baggage, freight, household goods, merchandise, or materials for hire, which may or may not operate over a defined route within the city, or between any points, one terminus of which is within the city, shall pay for each vehicle an annual license tax of twenty (20) dollars per vehicle.

A. For purposes of this section, a tractor-semitrailer combination shall be classified as one vehicle.

B. Each trailer, not accompanied by a truck-trailer shall pay an annual license fee of three (3) dollars.

C. Every vehicle licensed under this section shall have conspicuously displayed thereon the license furnished by the collector.

D. No fee under this section shall be required for the operation of any motor vehicle or equipment along the streets of this city if such operation is merely occasional and incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this city upon an average more than once a week in any quarter, and a business shall be deemed to be conducted within this city if an office or agency is maintained here or if transportation business is solicited here.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.220)

A. Every person with a fixed place of business in this city and carrying on the business hereinafter enumerated, shall pay an annual license tax per vehicle kept or stored on the business premises as follows:

B. Businesses in the categories enumerated in subsection A. which merely operate a rental service by obtaining vehicles from rental agencies out of the city as orders are received, and who do not store vehicles on the business premises any longer than necessary for the return of the vehicles to the rental agencies, shall pay only the annual fee for one vehicle.

C. Every person not having a fixed place of business in the city who makes retail deliveries of goods, wares, or merchandise house to house over routes to regular customers, shall pay an annual license tax of thirty-five (35) dollars for the first vehicle and fifteen (15) dollars for each additional vehicle.

D. Every person not having a fixed place of business in the city who makes wholesale deliveries of goods, wares, merchandise, or services to businesses or professions located within the city shall pay an annual license tax of thirty-five (35) dollars for the first vehicle and fifteen (15) dollars for each additional vehicle. This subsection shall include, but not be limited to linen and towel supply, uniform, and overall supplies, petroleum products, ready-mix concrete, repair service, and towing service.

E. The number of vehicles used in computing the amount of license tax payable under this chapter shall be determined by the average number of vehicles regularly used in the conduct of such business in the city on any one day.

F. No fee under this section shall be required if the vehicle is operated merely occasionally or incidentally to a business conducted elsewhere.

G. Any licensee to whom a license has been issued, which license is determined by the number of vehicles used by said licensee in the conduct of the licensee’s business in this city, shall prominently display within such vehicle a sticker, device, sign, or license facsimile used by the city for identifying such business.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.230)

Every person carrying on the business of a public bowling alley, pool or billiard room, shall pay an annual license tax per table or alley of six (6) dollars. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.240)

Every operator of mechanical amusement devices shall pay an occupational license fee to the city in the sum of one hundred (100) dollars per year. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.270)

In addition to the occupational license fee required by Section 5.04.240, each operator shall pay a location license fee in the sum of five (5) dollars per year for each mechanical amusement device rented out or placed by such operator in the city. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.280)

A location owner shall be exempt from the payment of the full occupational license fee required of an operator. Every location owner shall pay a license fee for each mechanical amusement device owned, used, and operated by the owner, in the sum of five dollars per year. (Ord. O-2026-001 § 2 (part), 2026; prior code §§ 5.04.280, 5.04.290)

The license issued for each mechanical amusement device shall be conspicuously posted or attached to such mechanical amusement device. The location owner shall be responsible for the posting, or attachment, at all times of a current business license for each mechanical amusement device open to the public at the owner’s place of business. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.300)

It is unlawful for any person to place or install any unlicensed amusement device on or within any business premises or location. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.301)

It shall be unlawful for any location owner, or any other person in control of any business premises, to permit or allow the placement, or the use by the public, with or without a fee or charge, of any amusement device on said premises unless said device is properly licensed for such placement or use. (Ord. O- 2026-001 § 2 (part), 2026; prior code § 5.04.302)

Every business location with three or more mechanical amusement devices licensed under the provisions of Sections 5.04.250 and 5.04.260, or either of them, shall be deemed to be an amusement hall, and shall be required to obtain a separate business license therefor. Such licenses shall specify the number of mechanical amusement devices then authorized at that location. The amusement hall licenses shall not exempt or excuse any business at said location from licensing requirements and payment of license fees for any sales, service or other business activities required to be separately licensed under other provisions of this code. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.305)

It is unlawful for any amusement hall to be open to the public unless there is then on the premises in the general area where the mechanical amusement devices are located an approved adult person with the duty to supervise and control the conduct of those members of the public in said area. An approved person shall mean a person previously approved by the chief of police in writing as being of good moral character; the chief shall give special consideration to previous criminal convictions involving drugs or moral turpitude. Such written approval shall be displayed whenever requested by a police officer. The chief of police is authorized to develop forms and procedures necessary to assure adequate background information before approving any such person. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.306)

A. Any mechanical amusement device operated or maintained to be operated in violation of any law of the state, or in violation of any of the provisions of this chapter shall be deemed to be a public nuisance, and any such mechanical amusement device so operated or maintained to be operated shall be impounded by any peace officer, and all peace officers of the city are charged with the duty of impounding the same.

If any such mechanical amusement device so impounded is one which may be legally operated under the provisions of this chapter and is seized for the failure of the owner or operator to secure the proper license, such mechanical amusement device shall not be released until a license for such mechanical amusement device has been obtained and the fee therefor paid, together with a penalty of twenty (20) dollars.

If any court of competent jurisdiction determines that any mechanical amusement device or the use or operation thereof violates or has violated any law of the state or any ordinance of the city, such mechanical amusement device shall be confiscated, and shall be dealt with as provided by the judgment or order of the court.

B. In addition to any and all remedies provided by law, including subsection (A), and completely separate therefrom, the chief of police, or the chief’s designated agents, may disconnect, lock, or otherwise disable any amusement device found in any business open to the public without a then current license authorizing its placement and use at the location of said business. The police department shall develop or procure an effective method of locking or disabling any such unauthorized amusement device. All costs of such locking or disabling shall become a charge or lien against the amusement device, and shall be paid in full prior to the licensing of said device, or prior to removal of said device from said commercial location. Any owner of the amusement device, and any person owning or operating the business where any such device is located, may appeal to the city council any action by the police department disconnecting, locking, or disabling an allegedly unauthorized amusement device; provided, however, that such device shall not be used pending a decision by the city council.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.310)

This chapter shall not be construed to permit the licensing of any slot machine or gambling device declared illegal by the Penal Code of the state; nor shall any license issued under the terms of this chapter permit the operation, possession, or use of any slot machine or gambling device declared illegal by the Penal Code of the state. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.320)

All applications for any occupational mechanical amusement device license required by this chapter shall be made in writing and upon such form as may be prescribed by the council. No such license as is referred to in this chapter shall be issued except upon order of the city council. The city council may limit the number of such licenses issued to such number as in its judgment shall be for the best interests of the public peace, safety, and welfare. (Ord. O-2026-001 § 2 (part), 2026; Ord. O-2025-002 § 18, 2025; Prior code § 5.04.330)

Every person, firm, association, or corporation engaged in the erection or maintenance of any advertising signs or billboards within the city shall pay an annual fee of eight (8) dollars for each single-face sign, sixteen (16) dollars for each double-face sign, twenty-four (24) dollars for each triple or more face sign; provided, that any person erecting or maintaining a sign advertising the person’s own business, which said sign is not located on the premises being advertised, shall pay an annual fee for such sign of five (5) dollars per sign. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.340)

Every person, firm, association or corporation conducting or maintaining a helicopter business within the city shall pay an annual fee of twenty-five (25) dollars for each helicopter being used in the operation of said business; provided, however, that before any license shall be issued for the operation of such a business, a permit therefor must be first obtained from the council; and provided, further, that any person seeking a license for the operation of such business or the securing of such a permit shall meet the following requirements:

A. The applicant therefor shall file with the administrator a written application setting forth the number of helicopters to be operated therein, the name and address of the applicant and a statement that the applicant is a citizen of the United States.

B. Said applicant shall, upon being granted a license or permit as provided in this section, deposit with the administrator a bond with some sufficient surety, in the amount of one thousand (1,000) dollars, which bond shall be to the city and shall be conditioned that the applicant thereof will observe all of the ordinances of the city and the laws of the state.

C. Before any such license or permit shall be issued, the applicant therefor shall satisfy the council that the applicant is protected by public liability and property damage insurance in amounts respectively of not less than three hundred thousand (300,000) dollars and fifty thousand (50,000) dollars on each helicopter; and, provided further, that no such license shall continue to run, be effective, or remain in force in the event that said insurance is cancelled or has lapsed or for any other reason becomes ineffective.

D. Every person, firm, association, or corporation conducting or maintaining a business of operating or flying a helicopter or similar device for airborne flight for hire, taking off or landing within the city, shall be subject to the provisions contained in this section.

E. Each landing field, airport, or heliport or helistop used by such person, firm, association, or corporation in the conduct of said business constitutes a “branch establishment” as described in Section 5.04.030, and shall require a separate license as set forth in that section.

F. Except in an emergency, no helicopter or similar device shall be landed at any place other than an airport, aircraft landing field, heliport, or helistop as designated in the license, or licenses issued to the applicant hereunder.

G. No dispensing, storage, or transfer apparatus for flammable or explosive liquids shall be located on any airport, aircraft landing field, heliport, or helistop unless they are in conformance with the applicable provisions of the Health and Safety Code of the state, any ordinances of the county, any statutes of the state, or any rules and regulations of federal agencies having jurisdiction over airports, aircraft landing fields, heliports, or helistops.

H. Any helicopter or similar device operated or flown within the city limits must be equipped with a muffler or muffling device so as to prevent any loud, unusual, or annoying noise and must be flown or operated on diversified patterns over the least densely populated areas of the city as far as is practicable.

I. Except as otherwise provided in this section, every person, firm, association, or corporation conducting or maintaining a business of operating or flying a helicopter or similar device for airborne flight for hire shall be subject to the provisions, rules, and regulations contained in this chapter.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.350)

The following license fees are required when conducting an art show:

A. Twenty (20) dollars for the art show;

B. Ten (10) dollars per exhibitor for the maximum number of exhibitors at any one show during the year. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.355)

A. Every person carrying on the business of conducting a menagerie or dog or pony show shall pay a license fee of fifty (50) dollars per day; a circus shall pay a license fee of one hundred (100) dollars per day for one ring, one hundred twenty-five (125) dollars per day for two rings, and one hundred fifty (150) dollars per day for three rings or more, and for each and every sideshow or aftershow in connection therewith, the license fee shall be twenty-five (25) dollars per day, and for each concession in connection therewith the license fee shall be ten (10) dollars per day.

B. Every person, carrying on the business of conducting acrobatic or theatrical exhibitions under canvas, shall pay a license fee of fifty (50) dollars per day.

C. Every person conducting or managing a circus procession or parade, and not having a license for conducting, managing or carrying on a circus within the city limits, shall pay a license fee of twenty-five (25) dollars for each such procession or parade.

D. Every person engaged in the business of conducting a fair, street carnival, or exhibition in the city, shall pay a license fee of two hundred fifty (250) dollars for each and every day or portion thereof during which such fair, street carnival, or exhibition is conducted.

E. Every person carrying on a ferris wheel, scenic railway, merry-go-round, swing, kiddie car, airplane, or similar amusement device or amusement ride, shall pay a license fee for each such device as follows:

1. If located in any public park or grounds in the city, fifteen (15) dollars per year;

2. If not located in any public park or grounds in the city, five (5) dollars per day or fifteen (15) dollars per year.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.360)

Every person carrying on the business of a junk collector without a fixed place of business shall pay a license tax of five (5) dollars per day or fifty (50) dollars per year. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.370)

Every person carrying on the business of advertising by posting, sticking, tacking, affixing, or painting bills or signs to or upon fences, buildings or other structures, except billboards or advertising signboards, shall pay a license tax of five (5) dollars per day. However, said posting shall not be allowed upon any utility poles. Before a license is issued under this section, the applicant must first obtain a permit from the building inspector of the city. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.380)

A. Every person carrying on the business of a photographer, who has no fixed place of business in the city, shall pay an annual license fee of sixty (60) dollars.

B. Every person engaged in the business of soliciting or canvassing or taking orders for the taking or making of photographs or views, whether the photographer has or has not a fixed place of business in the city, shall pay a license fee of ten (10) dollars per day for each such canvasser or solicitor; provided, however, that no license shall be required for any person engaged in soliciting such orders when the same are subject to interstate commerce laws or regulations.

C. Before a license is issued under this section, the applicant must obtain a permit from the police department if required to do so.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.390)

Every person carrying on the business of conducting wrestling or boxing exhibitions, shall pay a license fee of twenty (20) dollars per exhibition or one hundred dollars per year. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.400)

Every person carrying on the business of conducting a museum to which a fixed admission fee is charged, shall pay an annual license fee of one hundred (100) dollars per year; museums without a fixed admission fee shall pay an annual license fee of ten (10) dollars per year, except that no license shall be required for any museum conducted by the state or any political subdivision or by any school or church. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.410)

Every person carrying on the business of operating a motion picture theater shall pay an annual license tax as follows:

A. Indoor theater:

1. For a theater having one (1) to seven hundred (700) seats, inclusive: sixty (60) dollars;

2. For a theater having seven hundred one (701) to one thousand two hundred (1,200) seats, inclusive: one hundred forty (140) dollars;

3. For a theater having one thousand two hundred one (1,201) to one thousand five hundred (1,500) seats, inclusive: one hundred fifty (150) dollars;

4. For a theater having more than one thousand five hundred (1,500) seats, three hundred (300) dollars.

B. Outdoor theater:

1. For a theater having one (1) to five hundred (500) car stalls, inclusive: ninety (90) dollars;

2. For a theater having five hundred one (501) to seven hundred fifty (750) car stalls, inclusive: one hundred twenty (120) dollars;

3. For a theater having seven hundred fifty-one (751) to one thousand (1,000) car stalls, inclusive: one hundred (150) fifty dollars;

4. For a theater having over one thousand (1,000) car stalls, one hundred eighty (180) dollars.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.430)

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.430)

A. Every person carrying on the business of an auctioneer shall pay a license fee of one hundred (100) dollars for each auction and an additional fifty (50) dollars for each day any such auction is conducted in excess of three (3) days.

B. This section shall not apply to an auctioneer conducting an auction room or store in the city. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.440)

A. Every person conducting a fire, wreck, or bankrupt sale shall pay a license fee of one hundred (100) dollars for each such sale, and an additional fifty (50) dollars for each day any such sale is conducted in excess of three (3) days.

B. For the purpose of this chapter, a “fire or wreck sale” means and includes the sale of goods, wares, or merchandise, salvaged from a fire, wreck, or other calamity, or a sale of goods, wares, or merchandise advertised as a fire or wreck sale.

C. For the purpose of this chapter, a “bankrupt sale” shall also include a sale for the benefit of creditors, either directly or indirectly, or a sale advertised as a bankrupt sale or sale for the benefit of creditors.

D. No license shall be required under the provisions of this section for the sale of merchandise salvaged from any fire, wreck, or other calamity occurring within the city.

(Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.450)

Every farmer or horticulturist carrying on the business of selling at wholesale or retail produce grown or raised wholly by the farmer or their immediate family shall pay a license fee of one (1) dollar per year. This provision shall not apply to nurseries or other commercial establishments which buy produce for resale as well as selling their own produce. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.460)

The provisions of this chapter shall not be deemed or construed to require the payment of a license fee to conduct, manage, or carry on any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the city, whenever the receipts of any such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization, or association whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with the provisions of any ordinance of the city requiring a permit from the council or any commission or officer to conduct, manage, or carry on any profession, trade, calling or occupation. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.470)

Any person who is unable to obtain a livelihood by manual labor, due to physical disability, may, at the discretion of the administrator obtain a license to hawk or peddle any goods, wares, or merchandise without payment of any license tax or fee, by applying to the administrator and producing a certificate from a local physician showing the applicant to be physically disabled. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.480)

No license shall be required for a person to sell from the person’s own residence, for a period of not to exceed four (4) days in any calendar year, household furniture, furnishings, appliances, and goods belonging to the occupant of the residence and not acquired for the purpose of sale. Such sales shall be referred to as “garage sales.” Any sale taking place for more than four (4) days, whether consecutive or not, during any calendar year, or otherwise not strictly complying with the provisions of this section, shall be deemed to constitute the conduct of a business as defined in Section 5.04.010, and shall be conducted in compliance with all applicable provisions of this chapter and of the city zoning laws. (Ord. O-2026-001 § 2 (part), 2026; prior code § 5.04.490)

A. Except as provided in this section, none of the following business licenses under this chapter shall operate or be open to the public for any purpose at any time between the hours of 2:00 a.m. and 6:00 a.m. of any one day:

• 1. Shooting gallery;
• 2. Theaters, not motion pictures;
• 3. Gymnasium;
• 4. Physical culture;
• 5. Skating rink;
• 6. Archery range;
• 7. Dancing;
• 8. Public hall;
• 9. Golf driving range;
• 10. Swimming pool;
• 11. Bowling alleys and pool rooms;
• 12. Amusement halls;
• 13. Circuses and carnivals;
• 14. Wrestling or boxing;
• 15. Museums;
• 16. Motion picture theaters.

B. The city council may grant special temporary permits exempting a business from the limitation set forth in subsection (A) for bona fide marathon, public benefit or similar special events, upon such terms and conditions as the council deems necessary or appropriate for the protection of the public health, safety, and welfare.

(Ord. O-2026-001 § 2 (part), 2026; amended during 1991 codification; Ord. 90-19 § 2(F), 1990; prior code § 5.04.510)