Red Bluff Municipal Code Art. I General Provisions

Section

Statutory reference:

Authority of city to license businesses and the like, see California Government Code § 37101

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS. Professions, trades and occupations and all and every kind of calling whether or not carried on for profit.

GROSS RECEIPTS.

(1) The total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not the act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in GROSS RECEIPTS shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable or losses or other expenses whatsoever.

(2) Excluded from GROSS RECEIPTS shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; the part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that the amounts are paid to those for whom collected; that portion of the receipts of a newspaper publisher that is connected with the circulation or distribution of the newspaper published; that portion of the receipts of a general contractor which represents payments to subcontractors provided that when the work was done within the city limits, the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor.

PERSON. All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee.

WHOLESALER. All persons selling goods, wares or merchandise to retailers for resale.

(`61 Code, § 12.1) (Ord. 397, passed 12-27-1960; Am. Ord. 399, passed 4-4-1961)

This chapter is enacted solely to raise revenue for municipal purposes and is not intended for regulation.

(`61 Code, § 12.2) (Ord. 397, passed 12-27-1960)

Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license tax for the privilege of doing the business required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances.

(`61 Code, § 12.3) (Ord. 397, passed 12-27-1960)

Neither the adoption of this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited and all rights and obligations thereunto appertaining shall continue in full force and effect.

(`61 Code, § 12.4) (Ord. 397, passed 12-27-1960)

(A) There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this chapter license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city so to do or without complying with any and all applicable provisions of this chapter.

(B) This section shall not be construed to require any person to obtain a license prior to doing business within the city if the requirement conflicts with applicable statutes of the country or of the state.

(C) Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the country or of the state shall be liable for payment of the tax imposed by this chapter.

(`61 Code, § 12.5) (Ord. 397, passed 12-27-1960)

(A) 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 or in the manner designated, in the license.

(B) 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 establishment.

(`61 Code, § 12.6) (Ord. 397, passed 12-27-1960)

Every person required to have a license under the provisions of this chapter shall make application for the same to the Director of Finance of the city and upon the payment of the prescribed license tax the Director of Finance shall issue to the person a license, which shall contain:

(A) The name of the person to whom the license is issued;

(B) The business licensed;

(C) The place where the business is to be transacted and carried on;

(D) The date of the expiration of the license; and

(E) Other information as may be necessary for the enforcement of the provisions of this chapter.

(`61 Code, § 12.8) (Ord. 397, passed 12-27-1960)

(A) Upon a person making application for the first license to be issued hereunder or for a newly established business, in all cases where the amount of license tax to be paid is measured by gross receipts, the person shall furnish to the Director of Finance, for his or her guidance in ascertaining the amount of license tax to be paid by the applicant, a statement written under penalty of perjury or sworn to before a person authorized to administer oaths, upon a form provided by the Director of Finance, setting forth the information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant.

(B) If the amount of the license tax to be paid by the applicant is measured by gross receipts, he or she shall estimate the gross receipts, for the period to be covered by the license to be issued, or shall estimate the appropriate bracket within which his or her gross receipts fall. The estimate, if accepted by the Director of Finance as reasonable, shall be used in determining the amount of license tax to be paid by the applicant. The amount of the license tax so determined shall be tentative only and the person shall within 30 days after the expiration of the period for which the license was issued or before April 1 of the current year in the case of annual licenses, furnish the Director of Finance with a statement written under penalty of perjury or sworn to before a person authorized to administer oaths, upon a form furnished by the Director of Finance, showing the gross receipts during the period of the license and the license tax for the period shall be finally ascertained and paid in the manner provided by this chapter for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment found to be due, the amount paid at the time the first license was issued.

(C) The Director of Finance shall not issue to any person another license for the same or any other business, until the person shall have furnished to him or her the written statement and paid the license tax, as herein required.

(`61 Code, § 12.9) (Ord. 397, passed 12-27-1960; Am. Ord. 399, passed 4-4-1961; Am. Ord. 955, passed 12-20-2005)

In all cases, the applicant for the renewal of a license shall submit to the Director of Finance for his or her 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 Director of Finance, written under penalty of perjury or sworn to before a person authorized to administer oaths, setting forth the information concerning the applicant’s business during the preceding year as may be required by the Director of Finance to enable him or her to ascertain the amount of the license tax to be paid by the applicant pursuant to the provisions of this chapter.

(`61 Code, § 12.10) (Ord. 397, passed 12-27-1960)

(A) No statements required by the two preceding sections 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 the sum as is actually due and payable hereunder. The statement and each of the several items therein contained shall be subject to audit and verification by the Director of Finance, his or her deputies or authorized employees of the city, who are hereby authorized to examine, audit and inspect the books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due.

(B) All licensees, applicants for licenses and persons engaged in business in the city are hereby required to permit an examination of the books and records for the purposes aforesaid.

(C) The Director of Finance shall cause an audit to be made of at least 1% of the number of licensees each year to ascertain the correctness of the statements made.

(D) The information furnished or secured pursuant to this section or §§ 12.9 and 12.10 shall be confidential. Any unauthorized disclosure or use of the information by any officer or employee of the city shall constitute a misdemeanor and the officer or employee shall be subject to the penalty provisions of this chapter, in addition to any other penalties provided, by law.

(`61 Code, § 12.11) (Ord. 397, passed 12-27-1960)

(A) If any person fails to file any required statement within the time prescribed in §§ 12.9 and 12.10 or if, after demand therefor made by the Director of Finance, he or she fails to file a corrected statement, the Director of Finance may determine the amount of license tax due from the person by means of the information, as he or she may be able to obtain.

(B) (1) If a determination is made, the Director of Finance shall give a notice of the amount so assessed by serving it personally or by depositing it in the U.S. Post Office, postage prepaid, addressed to the person so assessed at his or her last known address. The person may, within 15 days after the mailing or serving of the notice, make application in writing to the Director of Finance for a hearing on the amount of the license tax.

(2) If the application is made, the Director of Finance shall cause the matter to be set for hearing within 15 days before the City Council. The Director of Finance shall give at least ten days notice to the person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The Council shall consider all evidence produced and shall make findings thereon, which shall be final. Notice of the findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment.

(`61 Code, § 12.12) (Ord. 397, passed 12-27-1960)

(A) (1) Any person aggrieved by any decision of the Director of Finance with respect to the issuance or refusal to issue the licenses may appeal to the Council by filing a notice of appeal with the Clerk of the Council. The Council shall thereupon fix a time and place for hearing the appeal.

(2) The Clerk of the Council shall give notice to the person of the time and place of hearing by serving it personally or by depositing it in the U.S. Post Office, postage prepaid, addressed to the person at his or her last known address.

(B) The Council shall have authority to determine all questions raised on the appeal. No determination shall conflict with any substantive provision of this chapter.

(`61 Code, § 12.13) (Ord. 397, passed 12-27-1960)

In addition to all other power conferred upon him or her, the Director of Finance shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 days, and in such case, to waive any penalty that would otherwise have accrued and shall have the further power, with the consent of the Council, to compromise any claim as to amount of license tax due.

(`61 Code, § 12.14) (Ord. 397, passed 12-27-1960)

(A) No license issued pursuant to this chapter shall be transferable.

(B) Where a license is issued authorizing a person to transact and carry on a business at a particular place, the licensee may, upon application therefor and paying a fee of $1, have the license amended to authorize the transacting and carrying on of the business under the license at some other location to which the business is or is to be moved.

(`61 Code, § 12.15) (Ord. 397, passed 12-27-1960)

Where a license for revenue purposes has been issued to any business by the city and the tax paid therefor under the provisions of any chapter heretofore enacted and the term of the license has not expired, then the license tax prescribed for the business by this chapter shall be due and payable by April 1 of the current year.

(`61 Code, § 12.16) (Ord. 397, passed 12-27-1960; Am. Ord. 955, passed 12-20-2005)

A duplicate license may be issued by the Director of Finance to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of the fact and at the time of filing the statement paying to the Director of Finance a duplicate license fee of $1.

(`61 Code, § 12.17) (Ord. 397, passed 12-27-1960)

(A) Any licensee transacting and carrying on business in the city, other than an itinerant vendor, solicitor or peddler, shall keep the license upon the premises where the business is carried on. Authorized personnel may require the license to be produced.

(B) All itinerant vendors, solicitors and peddlers in the city shall keep the license upon his or her person, at all times, while transacting and carrying on the business.

(`61 Code, § 12.18) (Ord. 397, passed 12-27-1960)

(A) Unless otherwise specifically provided, all annual license taxes, under the provisions of this chapter, shall be due and payable in advance on the first day of January of each year. The license taxes covering new operations, commenced after the first day of January, may be prorated for the balance of the license period; all taxes to be delinquent on April 1 of the current year.

(B) Except as otherwise specifically provided, license taxes, other than annual, required hereunder shall be due and payable as follows:

(1) Semiannual license taxes, measured by gross receipts, on the first day of January and the first day of July of each year;

(2) Quarterly license taxes, measured by gross receipts, on the first day of January, April, July and October of each year;

(3) Monthly license taxes, measured by gross receipts, on the first day of each and every month;

(4) Weekly flat-rate license taxes on Monday of each week in advance; and

(5) Daily flat-rate license taxes each day in advance.

(`61 Code, § 12.19) (Ord. 397, passed 12-27-1960; Am. Ord. 955, passed 12-20-2005)

For failure to pay a license tax when due, the Director of Finance shall add a penalty of 5% of the license tax on the day after the delinquent date thereof and an additional penalty of 5% on the same date of each month thereafter. The amount of the penalty shall be added shall in no event exceed 60% of the amount of the license tax due.

(`61 Code, § 12.20) (Ord. 397, passed 12-27-1960; Am. Ord. 432, passed 3-3-1964)

Every person who engages in business at a fixed place of business within the city shall pay a license tax based upon average annual gross receipts at the following rates and in the following classifications.

(A) Classification “A:”

(1) Accountant;

(2) Doctor of veterinary medicine;

(3) Advertising counsel;

(4) Draftsman;

(5) Apartment houses;

(6) Drugless practitioner;

(7) Appraiser;

(8) Engineer;

(9) Architect;

(10) Funeral directors;

(11) Assayer;

(12) Geologists;

(13) Attorney;

(14) Hotels;

(15) Bacteriologist;

(16) Income tax expert;

(17) Barbershop or beauty shop;

(18) Insurance adjuster;

(19) Barber school;

(20) Interpreter;

(21) Beauty and cosmetology;

(22) Lapidary school;

(23) Motels;

(24) Chemist;

(25) Oculist;

(26) Chiropodist;

(27) Optician;

(28) Chiropractor;

(29) Optometrist;

(30) Collection agency;

(31) Photographic service;

(32) Court reporter;

(33) Physiotherapist;

(34) Dancing school;

(35) Radiologist;

(36) Dental technician;

(37) Repair services (unless otherwise specified);

(38) Designer;

(39) Illustrator or decorator;

(40) Sales cosmetics;

(41) Doctors of dentistry;

(42) Sanitary company;

(43) Doctors of medicine or surgery;

(44) Surveyor;

(45) Travel agency;

(46) Doctors of osteopathy;

(47) X-ray technician; and/or

(48) And other businesses not listed above, operating on a net profit of 20% or more will be classified in the above category.

(B) Classification “B:”

(1) Abstract and title company;

(2) Music studios;

(3) Amusement machine, coin or slug-operated;

(4) Newspaper publisher;

(5) Nursery and garden supplies;

(6) Appliance;

(7) Office, store and school supplies;

(8) Automobile or truck tires;

(9) Persons specializing in the sale, repair or recapping;

(10) Paint, glass and wallpaper;

(11) Photographic sales;

(12) Auto parts and accessories;

(13) Plumbing and heating;

(14) Bakeries;

(15) Radio and television;

(16) Broker, real estate;

(17) Shoe stores;

(18) Contractors, general and specialty;

(19) Sporting goods;

(20) Stationery and books;

(21) Department stores;

(22) Trailer, boat or motorcycle dealer;

(23) Drugstores;

(24) Florists;

(25) Van and storage business;

(26) Garages, storage;

(27) Variety stores;

(28) Gifts and novelties;

(29) Vending machines (selling goods, wares, merchandise);

(30) Hardware;

(31) Jewelry;

(32) Weighing machines, coin operated (selling services);

(33) Job printers;

(34) Junk dealers;

(35) Wrecking or salvaging automobiles or vessels;

(36) Lumber and building supplies;

(37) Men’s and women’s apparel;

(38) Men’s and women’s specialty apparel; and/or

(39) And other businesses not listed above, operating on a net profit of 10% to 20% will be classified in the above category.

(C) Classification “C:”

(1) Auto repair services;

(2) Confectioneries;

(3) Billiards, pool hall;

(4) Creameries or dairies;

(5) Bowling alley;

(6) Feed, fuel and ice dealers;

(7) Car wash;

(8) Furniture stores;

(9) Children’s wear;

(10) Laundry and dry cleaning agents and plants;

(11) Cocktail lounge;

(12) Combination grocery stores;

(13) Liquor stores;

(14) Meat markets;

(15) Restaurants and food dispensing;

(16) New car dealers;

(17) Oil distributors;

(18) Service stations;

(19) Specialty foods;

(20) Wholesalers, one-half of “C” rate, except that the license fee shall be not less than $15 per annum;

(21) Supermarkets;

(22) Tobacco and periodicals;

(23) Used car dealers; and

(24) And other businesses not listed above, operating on a net profit under 10%, will be classified in the above category.

(D) (1) Each fee established by this section and fixed herein shall be adjusted automatically on January 1 of each year by a percentage equal to the percent of increase in the U.S. Consumer Price Index; U.S. cities average for the preceding 12 months. In computing gross receipts under this section there may be deducted the amount of gross receipts which has been the measure of a license tax paid to any other city. In any case where a licensee or an applicant for a license believes that his or her individual business is not assigned to the proper classification under this section because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he or she may apply to the Director of Finance for reclassification.

(2) The application shall contain the information as the Director of Finance may deem necessary and require in order to determine whether the applicant’s individual business is properly classified. The Director of Finance shall then conduct an investigation following which he or she shall assign the applicant’s individual business to the classification shown to be proper on the basis of the investigation.

(3) Each fee established by this section will be adopted by a resolution and specified in the City of Red Bluff Schedule of Fees following a public hearing. The resolution will be published once in the Red Bluff Daily News, the local paper and the fees will go into effect 30 days following adoption of the resolution.

(E) (1) The Director of Finance shall notify the applicant of the action taken on the application for reclassification. The notice shall be given by serving it personally or by depositing it in the U.S. Post Office, postage prepaid, addressed to the applicant at his or her last known address. The applicant may, within 15 days after the mailing or serving of the notice, make written request to the Director of Finance for a hearing on his or her application for reclassification. If the request is made within the time prescribed, the Director of Finance shall cause the matter to be set for hearing before the City Council within 15 days. The Director of Finance shall give the applicant at least ten days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken on the application for reclassification. The Council shall consider all evidence adduced and its findings thereon shall be final.

(2) Written notice of the findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification.

(`61 Code, § 12.21) (Ord. 397, passed 12-27-1960; Am. Ord. 467, passed 3-14-1967; Am. Ord. 823, passed 9-18-1990; Am. Ord. 835, passed 10-1-1991; Am. Ord. 967, passed 1-2-2007; Am. Ord. 982, passed 12-18-07; Am. Ord. 994, passed 12-16-2008; Am. Ord. 1004, passed 12-15-2009; Am. Ord. 1021, passed 6-19-2012)

(A) Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as adopted by resolution and specified in the City of Red Bluff Schedule of Fees:

(B) No license shall be issued for any person engaged in the occupation or business of a solicitor, itinerant vendor or peddler until the applicant has furnished the Police Chief a sufficient statement setting forth the following, and the Police Chief shall have issued and delivered to the Finance Director a certificate of compliance with the provisions of this section:

(1) The name and address of the applicant;

(2) The type of business for which the license is required;

(3) The names and addresses of person, firms or corporations represented by the applicant;

(4) A letter authorizing the applicant to represent the person, firm or corporation;

(5) The proposed route of the applicant’s operations;

(6) Any convictions or violations of laws involving moral turpitude and not including traffic violations;

(7) The name and address of persons, firms or corporations by whom the applicant has been employed for the past five years;

(8) The fingerprints of the applicant;

(9) The names and addresses of three responsible persons who have known the applicant for more than three years; and

(10) The application shall be accompanied by a bond to the city in the penal sum of $1,000. If, in the judgment of the Police Chief, the representations made in the statement, or his or her investigation of the applicant, discloses that the granting of the license applied for may be detrimental to the public peace, morals, health, safety or general welfare, or that the applicant is not of good moral character, or has been convicted of any violation of laws involving moral turpitude, the Police Chief shall recommend to the Finance Director that the license shall not be issued until a permit therefor has been granted by the Council and the Finance Director shall thereupon require the applicant to file an application for the permit, and the City Council shall then hear the application as an appeal from the denial of the license by the Finance Director.

(C) (1) The bond which is given by the applicant, designating the city as the beneficiary thereof, shall likewise protect all citizens of the city who purchase goods, wares or merchandise from any itinerant vendor, solicitor or peddler and who are defrauded in any way.

(2) For the purposes of determining if a person has been defrauded in any way, the person or persons shall institute an action in a court of competent jurisdiction, and if that person or persons receives a judgment in that court, then the bond shall be conditioned to pay the judgment, plus reasonable costs and an attorney’s fee not exceeding 25% of the amount of the judgment. If the action is commenced in small claims court, then the relief to be afforded and for which the bonding agent is responsible shall be restricted to the amount of the judgment and costs of suit.

(3) Applicants for a license, may, in lieu of bond, post cash or other security deemed adequate by the Finance Director and the security shall remain posted with the city for a period of one year following the date of the expiration of the license which is granted.

(`61 Code, § 12.22) (Ord. 397, passed 12-27-1960; Am. Ord. 807, passed 3-21-1989; Am. Ord. 823, passed 9-18-1990; Am. Ord. 852, passed 1-4-1994; Am. Ord. 967, passed 1-2-2007; Am. Ord. 982, passed 12-18-07; Am. Ord. 994, passed 12-16-2008; Am. Ord. 1004, passed 12-15-2009; Am. Ord. 1021, passed 6-19-2012)

Every person not having a fixed place of business within the city, who delivers goods, wares or merchandise of any kind by vehicle, or who provides any service by the use of vehicles in the city, shall pay a license tax of either: (1) per quarter; or (2) per vehicle, per year as set forth in the City of Red bluff Schedule of Fees; provided that any person may elect to pay a license tax under Classification “B” of § 12.21, measured by gross receipts from business done within the city.

(`61 Code, § 12.23) (Ord. 397, passed 12-27-1960; Am. Ord. 823, passed 9-18-1990; Am. Ord. 967, passed 1-2-2007; Am. Ord. 982, passed 12-18-07; Am. Ord. 994, passed 12-16-2008; Am. Ord. 1004, passed 12-15-2009; Am. Ord. 1021, passed 6-19-2012)

Every person not having a fixed place of business within the city who engages in the business of contracting within the city shall pay a license tax per quarter as set forth in the City of Red Bluff Schedule of Fees. Any person may elect to pay a license tax under Classification “B” of § 12.21, measured by gross receipts from business done within the city.

(`61 Code, § 12.24) (Ord. 397, passed 12-27-1960; Am. Ord. 823, passed 9-18-1990; Am. Ord. 967, passed 1-2-2007; Am. Ord. 982, passed 12-18-07; Am. Ord. 994, passed 12-16-2008; Am. Ord. 1004, passed 12-15-2009; Am. Ord. 1021, passed 6-19-2012)

The amount of any license tax and penalty 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 license tax and penalties.

(`61 Code, § 12.26) (Ord. 397, passed 12-27-1960)

All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

(`61 Code, § 12.27) (Ord. 397, passed 12-27-1960)

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALARM COMPANY. Any business operated for any consideration whatsoever engaged in the installation, alteration or servicing of an alarm system.

ALARM SYSTEM. An assembly of equipment arranged to signal the presence of a possible hazard requiring urgent attention with the information being relayed to the city public safety dispatch.

ANSWERING SERVICE. Any company receiving an active alarm and forwarding that data to the city public safety dispatch.

EMERGENCY. Commission of a robbery, burglary or other crime against the alarm user or a fire in an alarmed location.

EMERGENCY RESPONSE. The moment Police Department or Fire Department personnel are dispatched to a location in response to an alarm or an officer on patrol discovers an audible alarm not yet reported.

FALSE ALARMS. The activation of an alarm system which results in a response by the Public Safety Department where there is no physical evidence that the alarm was activated as a result of an emergency. The following categories shall not be false alarms: alarms which occur within seven days of installation or alarms activated by extraordinary meteorological or atmospheric conditions.

OUTSIDE ALARMS. Any outside audible alarm.

SUBSCRIBER. A person, business or public entity contracting with an alarm company or owning an alarm system.

(B) It is unlawful for any alarm company to engage in business within the city without first providing the Police Department with a valid registration certificate issued by the state, Bureau of Consumer Affairs. Those companies in business at the time the ordinance codified in this section takes effect shall have 30 days thereafter to provide the certificate.

(C) (1) Each alarm company, within seven days of activating an alarm system, shall clearly instruct the subscriber in the proper use and operation of the alarm system, especially those factors likely to produce false alarms. This training shall be documented by signature of the subscriber.

(2) The alarm company shall also provide a copy of the ordinance codified in this section and the resolution authorized by this section to the subscriber.

(D) Any outside burglar alarm installed after the ordinance codified in this section takes effect shall have an automatic shut-off or reset feature which deactivates the alarm within ten minutes after it is first activated.

(E) (1) Each alarm company and/or answering service shall provide the public safety dispatch on notification of an activated alarm the following information:

(a) Alarm company name;

(b) Operator name or number;

(c) An “800” call-back number;

(d) Name where alarm activated;

(e) Address where alarm activated; and

(f) Name of person responsible to respond and their estimated time of arrival.

(2) If this information is not provided by the time the assigned units arrive at the location of the alarm, the assigned units will only check the ground level exterior, and if it appears secure, the unit will clear the call.

(F) (1) Emergency responses to false alarms shall be counted during a 180 consecutive calendar day period, beginning 15 days after the ordinance codified in this section takes effect. The emergency response is deemed complete upon dispatch for false alarm purposes of this section.

(2) Emergency response for the first and second false alarm, there shall be no charge.

(3) Emergency response for the third, and each additional false alarm, the fee shall be as set by resolution of the City Council.

(4) When a service fee is levied against a subscriber, it shall be paid within 15 days of receipt. If the fee is not paid in the prescribed time, the alarm company will be notified not to transfer any data from that subscriber to the public safety dispatch until the alarm company is authorized by the Police Department to again do so.

(G) Any person violating any provisions of this section shall be deemed guilty of an infraction as set forth under § 1.23.

(H) (1) The provisions of this section are not intended, nor shall they be construed, to create a special relationship between the city and any alarm company and/or subscriber so as to create a duty on the part of the Police Department to respond to any alarm. The city shall not be civilly liable for any delays in dispatching the alarm or responding to an alarm nor failure to respond to any alarm.

(2) Neither shall this section be construed as a waiver of any immunity provided governmental agencies for tort liability contained in the California Government Code.

(`61 Code, § 12.28) (Ord. 817, passed 10-17-1989; Am. Ord. 934, passed 6-18-2002)

(A) It shall be the duty of the Director of Finance and he or she is hereby directed to enforce each and all of the provisions of this chapter and the Chief of Police shall render assistance in the enforcement hereof, as may from time to time be required by the Director of Finance or the City Council.

(B) The Director of Finance in the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.

(C) The Director of Finance and each and all of his or her assistants and any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein and demand an exhibition of its license certificate. Any person having the license certificate theretofore issued, in his or her possession or under his or her control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter and code. It shall be the duty of the director of finance and each of his or her assistants to cause a complaint to be filed against any and all persons found to be violating any of the provisions.

(`61 Code, § 12.29) (Ord. 397, passed 12-27-1960; Am. Ord. 817, passed 10-17-1989)

Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit, herein provided for, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500, by imprisonment for a period of not more than six months or both the fine and imprisonment.

(`61 Code, § 12.30) (Ord. 397, passed 12-27-1960; Am. Ord. 817, passed 10-17-1989)