San Bernardino Municipal Code Ch. 5.04 General Provisions and Rates

It is unlawful for any person, whether as principal or agent, clerk or employee, either for himself or herself or for any other person, or for any body corporate, or as an officer of any corporation, or otherwise, to commence or carry on any business, show, exhibition or game, specified in this article, in the city, without first having procured a registration certificate from the city and without complying with any and all regulations of such business, show, exhibition or game contained in this article; and the carrying on of any business, show, exhibition or game mentioned in this article without first having procured a registration certificate from the city, and without complying with any and all regulations of such business, show, exhibition or game contained in this article shall constitute a separate violation of this article for each and every day that such business, show, exhibition or game is so carried on.

(Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992; Ord. MC-1039, passed 1-12-1999)

The amount of any fee imposed by this article shall be deemed as debt to the city; and any person, firm or corporation carrying on any business, show, exhibition or game mentioned in this article without having a business registration certificate from the city shall be liable to an action in the name of the city in any court of competent jurisdiction, for the amount of the fee imposed by this article on such business, show, exhibition or game.

(Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992)

(A) Before any business registration certificate is issued to any person, firm or corporation, such person, firm or corporation shall make written application therefor to the City Clerk; such application must state the nature or kind of business, show, exhibition or game for which the registration certificate is required; the place where such business, show, exhibition or game will be carried on or conducted; the name of the owner of the business, show, exhibition or game; and must be signed by the applicant. In cases where such business, show, exhibition or game is not to be conducted or carried on at a permanent place of business in the city, then such application shall state the residence of the owners of such business, show, exhibition or game.

(B) No registration certificate shall be issued to any corporation unless its articles of incorporation, or a certified copy thereof, are filed in the office of the County Clerk or in the office of the City Clerk.

(C) No registration certificate shall be issued to any person, firm or partnership conducting or carrying on any business, show, exhibition or game, under a fictitious name, unless an affidavit is filed in the office of the County Clerk or in the office of the City Clerk showing the true names of the owners of such business; provided, however, such certificate may be issued in the true names of the owners of such business, show, exhibition or game without the filing of such affidavit.

(D) (1) The determination of which business or type or class of business a business registration certificate holder or an applicant is engaged in shall be an administrative function of the City Clerk.

(2) If a business registration certificate holder or an applicant believes that his or her business is not assigned to the proper classification under this chapter because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he or she may apply in writing to the City Clerk for reclassification. The application shall contain such information as the City Clerk deems necessary in order to determine whether the applicant’s individual business is properly classified.

(3) The City Clerk 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. The proper classification is the classification which, in the opinion of the City Clerk, most nearly fits the applicant’s individual business. The City Clerk shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office at San Bernardino, California, postage prepaid, addressed to the applicant at his or her last known address.

(E) Each new or renewal business registration application shall be accompanied by a non-refundable application processing fee established by resolution of the Mayor and City Council which shall be no more than necessary to cover the costs of processing. This fee shall be in addition to the business registration fee and shall not be prorated. Daily and monthly business registration applications shall be exempt from this requirement.

(Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995; Ord. MC-1272, passed 6-3-2008)

(A) Upon application therefor as provided in § 5.04.015, it shall be the duty of the City Clerk to prepare and issue a business registration certificate hereunder, and to state in each certificate the amount thereof; the period of time covered thereby; the name of the person, firm or corporation to whom issued; the business, show, exhibition or game registered; and the location or place of business where such business, show, exhibition or game is to be carried on.

(B) No certificate granted or issued under any provision of this article shall be transferred or assigned in any manner, nor is any person, firm or corporation other than mentioned or named therein authorized to do business without the written consent of the City Clerk endorsed thereon. At the time any such business is assigned or transferred, the person applying for such transfer shall make application for a registration certificate as provided in § 5.04.015, and shall pay a transfer fee of $5 to the City Clerk. In the event a business location or mailing address is changed, the certificate holder shall notify the City Clerk of such change and pay a fee of $5.

(C) The City Clerk shall make a charge of $0.50 for each duplicate certificate issued to replace any certificate issued under the provisions of this article which has been lost or destroyed, in no case shall any mistake made by the City Clerk in stating the amount of a fee prevent or prejudice the collection by the city of what shall be actually due from anyone carrying on a business, show, exhibition or game subject to a registration certificate under this chapter.

(Ord. 763, passed 3-2-1920; Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992)

(A) It shall be unlawful for the City Clerk or any person having an administrative duty under the provisions of this chapter to make known, in any manner whatever, the business affairs, operations or information obtained by an investigation of records and equipment of any person required to pay the registration certificate fee, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, in any book containing any abstract or particulars thereof to be seen or examined by any person.

(B) Nothing in this section shall be construed to prevent:

(1) The disclosure to, or the examination of records and equipment by, another city official, employee or agent for collection of registration certificate fees for the sole purpose of administering or enforcing any provisions of this chapter, or collecting registration certificate fees imposed hereunder;

(2) The disclosure of information to, or the examination of records by, federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;

(3) The disclosure of information and results of examination of records of particular certificate holders, or relating to particular certificate holders, to a court of law in a proceeding brought to determine the existence or amount of any registration certificate fee liability of the particular certificate holder to the city;

(4) The disclosure, after the filing of a written request to that effect, to a certificate holder, or to his or her successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid fee, any unpaid registration certificate fee or amounts of fees required to be collected, interest and penalty; provided, however, that the City Attorney approve each such disclosure and that the City Clerk may refuse to make any disclosure referred to in this division (B)(4) when, in his or her opinion, the public interest would suffer thereby;

(5) The disclosure of the names and addresses of persons to whom certificates have been issued, and the general type or nature of their business;

(6) The disclosure by way of public meeting or otherwise of such information as may be necessary to the Mayor and City Council in order to permit it to be fully advised as to the facts when a certificate holder files a claim for refund of registration certificate fees, or submits an offer of compromise with regard to a claim asserted against him or her by the city for registration certificate fees, or when acting upon any other matter; and

(7) The disclosure of general statistics regarding fees collected or business done in the city.

(Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992)

(A) Any person, firm or corporation conducting or carrying on any business, show, exhibition or game without having obtained a business registration certificate as required by this article shall be nevertheless liable for any fee or penalties imposed or required to be paid pursuant to § 5.04.010 for the period such business or activity was conducted without such certificate.

(B) No business registration certificate shall be issued to any person, firm or corporation to conduct or carry on any business, show, exhibition or game at or in a building or structure in the city unless such person, firm or corporation is proposing to establish a use permitted in the Land Use Zone District for the site, and a zoning consistency review has been issued by the Development Services Department. An approved copy of said zoning consistency review shall be presented at the time of submitting this written application for the business registration certificate.

(C) No registration certificate issued under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business or activity or the violation of any ordinance or law. Any registration certificate issued contrary to the provisions of this section shall be void and of no effect.

(Ord. 763, passed 3-2-1920; Ord. 3594, passed 8-3-1976; Ord. MC-817, passed 1-7-1992; Ord. MC-1027, passed 9-9-1998)

(A) Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise.

(B) In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be required when there is an actual change in control or when ownership of more than 50% of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own 50% or more of the voting stock, singly or collectively.

(C) In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of 50% or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own 50% or more of such capital or profits, singly or collectively.

(Ord. MC-936, passed 4-18-1995)

(A) All fees shall be paid in advance in legal currency of the United States at the office of the City Clerk, or by check, draft or other instrument in the discretion of the City Clerk. Any certificate, the fee for which has been paid by an instrument, such as a check, draft or money order, which is dishonored upon presentation for payment, shall be void and of no effect from its inception, upon notice from the City Clerk of such dishonor. The City Clerk may, in his or her discretion, withhold the effect of this provision if the fee is promptly paid. Payment of registration certificate fees following a dishonor of such an instrument upon presentment for payment shall thereafter be made only by cashier’s check, money order or cash, which fee shall include any applicable penalty, as well as the service fee under § 3.10.010 for such dishonored instrument. The City Clerk shall be authorized to reject payment other than by cash, cashier’s check or money order from such certificate holder for a period of two years following any such dishonor.

(B) A separate registration certificate must be obtained for each branch establishment or separate place of business in which the business, show, exhibition or game is carried on. Each registration certificate shall authorize the party obtaining it to carry on, pursue or conduct only that business, show, exhibition or game described in such certificate. Where a registration certificate is required for any business, show, exhibition or game, and the number of persons employed or the gross receipts of such business is made the basis for fixing the amount of the registration certificate fee, a separate fee shall be paid for each branch establishment or place of business in which the business, show, exhibition or game is carried on, based upon the number of persons employed in, or the gross receipts of, each branch establishment or separate place of business.

(C) Monthly fees are due and payable on the first of each month in advance, from all persons who have received a business registration certificate for the previous month to carry on the same business, show, exhibition or game. From all persons who have not received such a certificate for the previous month for the same business, show, exhibition or game, the fee is due and payable, and must be procured before commencing to carry on such business, show, exhibition or game.

(D) Except as specified in division (H) below, quarterly fees are due and payable to the city on January 1, April 1, July 1 and October 1, and such certificates expire on March 31, June 30, September 30 and December 31 of each year. All business registration certificates shall be reissued annually from the date of initial issuance and the quarterly fees are due and payable every three months beginning from the date of initial issuance.

(E) Daily and weekly registration certificate fees are due and payable in advance.

(F) Except as provided in division (H) below and as elsewhere provided in this article, semi-annual fees are due and payable at the times specified in this article. If the time of payment is not specified, semi-annual fees are due and payable at the times specified in this article. If the time of payment is not specified, semi-annual licenses are payable on January 1 and July 1. The first semi-annual business registration certificate issued to any person shall be issued for the unexpired period of the one-half year of issuance.

(G) Annual fees are due and payable at the time specified in this article. If the time for payment is not otherwise specified, annual license fees are payable on July 1 of each year and shall be valid for the year ending the following June 30. The first annual business registration certificate issued to any person shall be issued for the unexpired period of the year of issuance, except as otherwise provided in this article.

(H) Where quarterly or semi-annual fees due from any business entity total $500 or less annually, the entire amount shall be due and payable in advance of January 1. As to registration certificates after August 15, 1986, the entire amount shall be due and payable annually from the date the certificate was initially issued thereon.

(I) In issuing a quarterly or annual registration certificate for the first time for a business which has previously been operated without a registration certificate, the City Clerk shall charge the fee for the entire current year or portion of the year during which the business was in operation, to and including the current quarter. The City Clerk shall also charge for the three preceding years or portions of those years during which the business was in operation. The City Clerk shall not collect an amount exceeding the fee for the entire current year in which the certificate is issued, plus the three preceding years or portion of those years during which the business was operated.

(Ord. 763, passed 3-2-1920; Ord. 2247, passed 11-12-1958; Ord. 3887, passed 12-6-1979; Ord. MC-118, passed 11-16-1981; Ord. MC-194, passed 8-3-1982; Ord. MC-287, passed 7-7-1983; Ord. MC-302, passed 9-7-1983; Ord. MC-530, passed 7-22-1986; Ord. MC-817, passed 1-7-1992)

Where a certificate holder has ceased doing business, a refund of an unused period of a business registration certificate may be granted upon the filing of a written request to the City Clerk within a period of one year after the date of payment of the amount sought to be refunded; provided that any refund shall be made on only unused full quarters remaining until the end of the registration year and shall not be made for any quarter in which the business covered thereunder was conducted for any period of time; provided, further, that no minimum or flat rate registration fee shall be refunded. “Quarters” shall be determined on the basis of each three full months from the date of the last application or renewal application. Such written request may be made only by the person who made the payment, his or her guardian, executor, administrator or heir. Refunds shall not be made to an assignee of the written request. In all cases, return of the original business registration certificate, which covers the quarter(s) for which the refund is being sought, shall be a prerequisite to any refund.

(Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995)

Every person, firm or corporation having a registration certificate under the provisions of this article, and carrying on a business, show, exhibition or game at a fixed place of business, shall keep such certificate posted and exhibited while in force, in some conspicuous part of the place of business. Every person having such a certificate, and not having a fixed place of business, shall carry such certificate with him or her, at all times, while carrying on the business, show, exhibition or game for which the same was granted. Every person, firm or corporation having a certificate under the provisions of this article shall produce and exhibit the same, when applying for a renewal thereof, and whenever requested to do so by any police officer, or any officer authorized to issue, inspect or collect business registration certificates.

(Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992)

(A) None of the fees provided for by this article shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the U.S. and California Constitutions.

(B) In any case where a fee is believed by a certificate holder to place an undue burden upon interstate commerce or be violative of such constitutional clauses, the certificate holder may apply to the City Clerk for an adjustment of the fee. Such belief shall not excuse failure to pay the applicable fee when due. Such application may be made before, at the time of or within six months after payment of the prescribed fee. A certificate holder shall, by sworn statement and supporting testimony, show his or her method of business and the gross volume or estimated gross volume of business and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden or violation. The City Clerk shall then conduct an investigation, and, after having first obtained the written approval of the City Attorney, shall fix, as the fee for the certificate holder, an amount that is reasonable and non-discriminatory, and if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Clerk shall have the power to base the fee upon a percentage of gross receipts or any other measure which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fee as prescribed by this article. Should the City Clerk determine the gross receipts measure of license fee to be proper basis, he or she may require the certificate holder to submit, either at the time of termination of the certificate holder’s business in the city, or at the end of each quarter, a sworn statement of the gross receipts and pay the amount of the fee therefor; provided that no additional fee during any one calendar year shall be required after the certificate holder shall have paid an amount equal to the annual fee as prescribed in this article.

(Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

(A) The conviction and punishment of any person for transacting any business, show, exhibition or game without a registration certificate shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction, and nothing in this article shall prevent a criminal prosecution for any violation of the provisions of this article.

(B) If, and in the event of, a failure of a person, firm or corporation conducting, managing or carrying on a business to secure a registration certificate and pay the fee therefor as provided in this article, or in the event that a prohibited transient merchant is discovered, then the business inspector of the city is authorized to seize and take into his or her possession the items to be sold and to hold the same until such fees have been paid and a certificate duly issued and properly displayed, or in the case of a transient merchant, to hold the same until claimed by a responsible party against whom legal action can be taken, whereupon the inspector shall release the items confiscated.

(Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

When any person, by use of signs, circulars, cards, telephone book or newspapers, advertises, holds out or represents that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by a sworn statement under penalty of perjury given to the City Clerk, or his or her representative, that he or she is conducting a business in the city, after being requested to do so by the inspector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city.

(Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) In all cases where the fee to be paid by any person, firm or corporation is based upon the amount of receipts or sales or of business transacted, or upon the number of persons employed or upon the number of vehicles used, or upon the amount of the maximum admission fee charged, or upon the number of tables used for any game, or upon the number of rooms in any building, such person, firm or corporation shall, before obtaining a registration certificate for his or her, their or its business, and within ten days after the beginning of each certificate period, if such business is established or in operation during any part of such ten days, render to the City Clerk, for his or her guidance in ascertaining the fee to be paid by such person, firm or corporation, a written statement sworn to before some officer authorized to administer oaths, showing the total amount of receipts of sales or of business transacted during the calendar year next preceding the date of such statement, or the number of vehicles used, or the amount of the maximum admission fee charged, or the number of tables used for any game by such person, firm or corporation, or the number of rooms contained in such building, at the date of such statement; provided, however, that where the quarterly fee to be paid under any section of this article is based upon the gross annual receipts or of business transacted, or the gross annual commission of fees received or collected, only one such statement need be filed at the time the first quarterly registration certificate is procured, and the fee to be paid for the succeeding quarterly periods of the year in which such statement is filed shall be determined by and be based upon the statement filed at the time the first quarterly registration certificate is procured.

(B) No such statement shall be conclusive upon the city or upon any officer thereof as to the matter thereon set forth, and the same shall not prejudice the right of the city to recover any amount that may be ascertained to be due from such person, firm or corporation in addition to the amount shown by such statement to be due in case such statement should be found to be incorrect. If any person, firm or corporation required to make any such statement fails to do so, such person, firm or corporation shall pay a fee at the maximum rate prescribed in this article for the business, show, exhibition or game carried on by such person, firm or corporation, and shall be guilty of a violation of this article and be punishable therefor as hereinafter provided; provided, however, that in any case where the first business registration certificate is to be issued for a newly established business, no statement need to be made, at the time such first certificate is issued, of the amount or receipts of sales or business transacted and the minimum rate prescribed in this article shall be paid at the time such first certificate is issued for any such newly established business, the fee for which is regulated by the amount of receipts or sales or the business transacted. At the end of the year during which the operation of such business is commenced, the fee for the preceding period shall be ascertained and paid. The amount of such fee shall be ascertained by dividing the amount of the gross sales or receipts of such business by the number of days during which such certificate has been in force and multiplying the result by 365 and applying such result to the rate applicable thereto to determine the fee and from this amount deduct the amount previously paid. Such gross receipts so determined shall be the basis of the fee for the next succeeding year.

(Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992)

GROSS RECEIPTS, as used in this article, except as otherwise specifically provided, means the total amount of revenue received as the sale prices of all sales and the total amount charged or received for the performance of any action, service or employment of whatever nature it may be, for which a charge is made or credit allowed, when such service, act or employment is done as a part of or in connection with the sale of materials, goods, wares and merchandise, or the performance of services; GROSS RECEIPTS includes all receipts, cash, credits and property of any kind or nature, and any amount for which a credit is allowed by the seller to the purchaser 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; GROSS RECEIPTS further includes commissions received for the sale of real property and the annual gross receipts, fees or commissions of every person, firm or corporation conducting, managing, carrying on or engaged in any business or profession of any nature whatsoever, including the providing of services relating thereto; but GROSS RECEIPTS does not include cash discounts allowed and taken on sales and any sales tax paid to the state, a municipality or public entity.

(Ord. 763, passed 3-2-1920; Ord. 3245, passed 3-8-1972; Ord. MC-817, passed 1-7-1992)

If a person owns, leases, occupies or otherwise maintains within the city a place or premises from which he or she engages in business activities outside the city, he or she shall include a portion of the gross receipts from work performed outside the city in the measure of the fee. In the absence of substantial information to the contrary, 20% of gross receipts from work performed outside the city shall be deemed to be that portion subject to the fee as attributable to business engaged in within the city:

(A) Require the use of a greater percentage of such gross receipts, stating in writing to the certificate holder his or her reasons therefor; or

(B) Approve the use of a lesser percentage of such gross receipts, based upon proof presented to him or her in writing by the taxpayer that the 20% factor is inequitable. Any such variation from the 20% factor established in this provision shall be approved in writing by the City Clerk, or his or her authorized representative. Where there are no measurable gross receipts directly attributable to operations carried on from a place of business within the city, such operations shall be deemed to produce gross receipts in an amount at least equal to the cost of maintaining such operations, such cost of operations shall include, but not be limited to, rent and/or depreciation, salaries and wages, fixed charges and other expenses.

(Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

When a fee based upon the gross receipts of a business in existence less than six months during the preceding year was computed upon anticipated gross receipts which exceeded the actual gross receipts of the subject year immediately following such period of six months or less of such preceding year, the City Clerk, subject to the filing of a written request during the first quarter of the subsequent year, shall give a credit for or authorize a rebate of the amount such fee exceeded the actual gross receipts of the business as determined by the City Clerk. The privilege of a credit or a rebate shall not apply to any subsequent year, and the decision of the City Clerk shall be final and conclusive.

(Ord. 763, passed 3-2-1920; Ord. 2809, passed 3-28-1967; Ord. MC-817, passed 1-7-1992)

(A) The City Clerk, and his or her authorized personnel, inspectors and police officers are authorized to examine, audit and inspect any financial books and records of any certificate holder, applicant for a registration certificate or person engaged in business, as may be necessary to verify or ascertain the amount of the fee due from such certificate holder, applicant or person in the specific classification.

(B) All certificate holders, applicants for registration certificates and persons engaged in business are required to permit such an examination of their financial books and records for the purposes and under conditions aforesaid. Any failure or refusal to permit such an examination by a certificate holder shall constitute good cause revocation of the subject registration certificate issued under this article, which penalty shall be accumulative and in addition to any other penalty or remedy provided for by law, whether criminal or civil in nature.

(Ord. 763, passed 3-2-1920; Ord. 3268, passed 5-17-1972; Ord. MC-817, passed 1-7-1992)

If a person, business or corporation fails to file any required statement within the time prescribed, or if, after reasonable notice therefor made by the City Clerk, fails to file a corrected statement, the City Clerk, or a designated representative, may determine the amount of the fee due from such person, business or corporation by means of such information as he or she may be able to obtain. If such a determination is made, the City Clerk shall issue a notice of the amount so assessed by serving it personally or depositing it with the United States Postal Service, postage prepaid, addressed to the person, business or corporation so assessed at his or her last known address. Such party may, within 15 days after the mailing or serving of such notice, appeal such determination to the City Council. The City Council shall consider and act upon the appeal in accordance with the provisions of Chapter 2.64, except that the time limit provisions of § 2.64.040 shall not apply.

(Ord. 763, passed 3-2-1920; Ord. 3949, passed 7-9-1980; Ord. MC-817, passed 1-7-1992)

(A) The times of delinquency and penalties assessed therefor for all registration certificates covered by this title shall be determined by the provisions of this section.

(B) Payments for the respective registration certificates as set forth in this title which are not made on or before, or which are received in the City Clerk’s office after, the following applicable delinquent dates, or which bear a postmark after said dates, shall be deemed delinquent and therefore subject to the following penalty assessments:

(1) Monthly registration certificates: the tenth day of every month for which the license is due;

(2) Quarterly registration certificates: the last day of the first month of the quarter for which such fee is due: January 31, April 30, July 31 and October 30. Delinquent dates for registration certificates first issued after August 15, 1986 are 30 days from the date the fees are due and payable; and

(3) Semi-annual or annual registration certificates: the last day of the first month in which such fee is due by its terms.

(C) For failure to obtain a registration certificate on or before the start of business, or for failure to pay a fee on or before the delinquency date, there is imposed a penalty of 50% of the fee. An additional penalty of 50% of the fee shall be imposed after 60 days of delinquency; such penalty shall be added to the fee and other penalties due.

(D) If a business fails to obtain a business registration certificate or renew a certificate and has been delinquent for 90 days, an assessment of 10% of the amount of the fee and penalties per month not to exceed 100% shall be added hereto in addition to the penalties stated in division (C) above. The assessment stated in this division (D) shall be instituted to cover escalating costs incurred to pursue delinquent accounts requiring extended enforcement action.

(E) It shall be the responsibility of each business owner to obtain and pay for a renewal registration certificate regardless of whether or not such business owner has received a renewal notice from the city. Any failure to receive such notice, for any reason, shall not affect the applicability of penalties of non-payment or late payment.

(Ord. 763, passed 3-2-1920; Ord. 3581, passed 6-21-1976; Ord. MC-295, passed 8-3-1983; Ord. MC-530, passed 7-22-1986; Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) Whenever delinquent business registration fees and appropriate penalties cannot be collected after proper notification to the property/business owner, the total uncollected amount, including penalties and administrative fees, shall become assessments, and the City Clerk, or his or her duly authorized representative, shall compile a list of such assessments together with parcel number designations and addresses upon which the assessments are being fixed.

(B) After notice and hearing, and upon confirmation of the imposition of the liens by resolution of the Mayor and City Council, the City Clerk shall file a certified copy of the approved resolution with the County Auditor, directing that all unpaid business registration fees, penalties and administrative fees be entered as lien charges against said property as it appears on the current assessment rolls. Liens will be collected at the same time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the city are collected. The City Clerk shall present for recording appropriate notices of the imposition of these liens with the County Recorder.

(Ord. MC-756, passed 11-21-1990)

The amount or rate of fees to be paid to the city by any person, firm or corporation, or association engaged in or carrying on any business, show, exhibition or game designated in this article is fixed and established as provided in this article, and such fee shall be paid by every person, firm or corporation or association engaged in carrying on any such business, show, exhibition or game in the city.

(Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992)

LIQUOR or INTOXICATING LIQUOR, as used in this article, means beer, wines, gin, whiskey, cordials or rum, and every liquor or solid, patented or not, containing 0.5% or more of alcohol by volume, and which are fit for use for beverage purposes.

(Ord. 763, passed 3-2-1920; Ord. 1525, passed 1-8-1934; Ord. MC-817, passed 1-7-1992)

For every person, firm or corporation conducting, managing or carrying on the business of examining, searching or investigating titles to real estate and issuing abstracts, statements or certificates, showing or purporting to show or certify to the condition or state of the title to any particular property or properties as disclosed by an examination of the public records, but which abstracts, statement or certificate does not ensure the title to real property or any interest therein; the fee shall be established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-935, passed 4-18-1995)

(A) For every person, firm or corporation conducting, managing or carrying on the business of distributing advertising samples, handbills, dodgers or printed advertisements of any kind, the fee shall be set by resolution of the Mayor and City Council.

(B) For the purpose of this section, the expression CARRYING ON THE BUSINESS is defined to be and is construed to mean the doing of any act or series of acts, of distributing or advertising by any means or in any manner specified in this section.

(Ord. 763, passed 3-2-1920; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-84)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

(A) For every person, firm or corporation conducting, managing or carrying on or engaged in the business of selling at auction goods, wares and merchandise, the fee shall be established by resolution of the Mayor and City Council.

(B) For every person, firm or corporation conducting, managing or carrying on or engaged in the business of selling at auction goods, wares or merchandise, for five or fewer months in a year the fee shall be established by resolution of the Mayor and City Council.

(C) For every person, firm or corporation conducting, managing or carrying on or engaging in the business of selling at auction real estate, the fee shall be established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. 1729, passed 11-30-1944; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

For every person, firm or corporation conducting, managing or carrying on any public billiard or poolroom, the fee shall be established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. 1489, passed 3-8-1932; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

Every person, firm or corporation operating, maintaining, leasing, letting, managing or carrying on the business of selling or vending goods, wares or merchandise by means of vending machine or managing or carrying on the business of operating or maintaining clothes washing machines, automatic scale weighing devices or coin-in-the-slot weighing machines shall pay a fee established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. 2227, passed 7-1-1958; Ord. MC-382, passed 6-20-1984; Ord. MC-548, passed 10-22-1986; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

For every person, firm or corporation conducting, managing or carrying on a public bowling alley, the fee shall be established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. 1489, passed 3-8-1932; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

Every person, firm or corporation conducting, managing or carrying on a temporary boxing, wrestling or other athletic exhibition or contest shall pay a fee established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. 1800, passed 9-22-1947; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-522, passed 5-20-1986)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

(A) For every person, firm or corporation conducting, managing or carrying on the business of a commission merchant or broker, or stock and bond broker, or buying, selling or otherwise dealing in stocks or bonds, or evidences of indebtedness of public or private persons or of incorporated entities, the fee shall be established by resolution of the Mayor and City Council.

(B) For the purpose of this article, COMMISSION MERCHANT OR BROKER is defined to be the business of buying or selling meats, provisions, produce, food products, goods, wares or merchandise, drugs or medicines, jewelry or precious metals or other tangible property, as a broker or agent, for the owner or consignee thereof for a fee or commission, whether or not the operation of such business customarily includes the actual possession, custody or control of goods, wares or merchandise.

(C) For the purpose of this article, STOCK AND BOND BROKER is defined to be the business of buying or selling federal, state, county or municipal stocks or bonds, or stocks or bonds of partnerships or incorporated entities, or evidences of indebtedness of private persons, partnerships or of incorporated entities, for a fee or commission.

(Ord. 763, passed 3-2-1920; Ord. 1729, passed 11-30-1944; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

For every person, firm or corporation conducting, managing or carrying on the business of carpet cleaning, swimming pool cleaning, cleaning buildings, parking areas, rooms or furnishings, by compressed air, power sweeper or vacuum cleaner, by means of any machine drawn, hauled, carried or propelled by hand power, or any janitorial related services conducted in residential or commercial structures or parking areas, the fee shall be established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. 1851, passed 4-5-1949; Ord. MC-382, passed 6-20-1984; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-339, passed 2-14-1984)

[Reserved]

(Repealed by Ord. MC-743, passed 10-8-1990)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

For every person, firm or corporation conducting, managing or carrying on the business of seminar, sale, exhibition, show or other business activities of a temporary nature in public rooms, in hotel/motel meeting rooms, convention facilities or other temporary places not otherwise specifically provided for in this chapter, the fee shall be established by resolution of the Mayor and City Council.

(Ord. 763, passed 3-2-1920; Ord. 1800, passed 9-22-1947; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

(A) For every person, firm or corporation conducting, managing or carrying on a fire sale, bankrupt or wreck sale, the fee shall be established by resolution of the Mayor and City Council.

(B) For the purposes of this article, a FIRE, BANKRUPT or WRECK SALE is defined to be 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 bankrupt or wreck sale; providing that no registration certificate shall be required under the provisions of this section for sale of merchandise salvaged from any fire, wreck or other calamity occurring in the city.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

Cross-reference:

See also Chapter 5.16 for additional provisions on fire, removal or closing-out sales

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

For every person, firm or corporation conducting, managing or carrying on the business of operating or maintaining tables, machines or devices offered for use, used, operated or played as a game, or as a test of skill, or for amusement, for the operation of which a charge is made, or which is conducted for profit (except such tables, machines or devices otherwise specifically provided for in this chapter), the fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) For every person, firm or corporation conducting, managing or carrying on the business of operating or maintaining a hobby horse or similar device for the amusement of children, offered for use, used or operated for the amusement or entertainment of children, or a shuffleboard, for the operation of which a charge is made, or which is conducted for profit, the fee shall be established by resolution of the Mayor and City Council.

(B) If, in the event of a failure of the person, firm or corporation so operating or maintaining such machine or device to secure a registration certificate and pay the fee therefor, as provided in this section, or in the event that the certificate is not publicly displayed at a place open to the examination of the inspector, then the City Chief of Police is authorized to seize and take into his or her possession the machine or device and to hold the same until such fee has been paid and a certificate duly issued and properly displayed covering the machine, whereupon the Chief of Police shall release the machine or shuffleboard, upon payment to the city the sum of $25 per machine, which sum shall be in addition to the amount of any certificate fee.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) For every person, firm or corporation conducting, managing or carrying on the business of operating or maintaining tables, machines or devices for the playing or rendering of music, for the operation of which a charge is made or which is conducted for profit, other than sound trucks and other advertising mediums, the fee shall be established by resolution of the Mayor and City Council.

(B) If the person, firm or corporation mentioned in this section fails or neglects to pay the fee required in this section and secure a registration certificate for any of the machines or devices mentioned in this section, or if the certificate is not publicly displayed in a place on the premises open to the city business inspector, then the Chief of Police is authorized to seize and take into his or her possession any such machine and to hold it until such fee has been paid and a certificate duly issued therefor and properly displayed. The Chief of Police shall release any such machine upon payment to the city for such release the sum of $25 per machine, which shall be in addition to the registration certificate fee.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

Upon the issuance of any certificate, under the provisions of §§ 5.04.275, 5.04.280 and/or 5.04.285, the applicant therefor shall notify the City Clerk of the location of each table, machine, device or game, and in the event of any change in such location, then the certificate holder shall notify the City Clerk or the city business inspector of such change.

(Ord. MC-817, passed 1-7-1992)

(A) For every person or firm or corporation conducting, managing or carrying on the business of operating or maintaining coin-operated game machines, including a certificate holder owning and maintaining one or more coin-operated game machines as an incidental business operation at any place of business, the fee shall be established by resolution of the Mayor and City Council.

(B) A COIN-OPERATED GAME MACHINE means any machine, device or apparatus which is used as game or contest of any description or for amusement, or which may be used for any such game or contest or for amusement and the operation or use of which is permitted, controlled or made possible by the deposit or placing of any coin, plate, disc, slug or key into any slot, crevice or other opening, or by the payment of any fee or fees in lieu thereof, except a machine, device or apparatus specifically otherwise provided for in this article.

(Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

For every person conducting, managing or carrying on a dog kennel business where dogs are boarded or bred for sale, the license shall be based upon gross receipts in accordance with the schedule adopted by resolution of the Mayor and City Council pursuant to § 5.04.525(F). This section shall not be applicable to a kennel with three or less dogs and shall not apply to veterinarians.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) For every person, firm or corporation conducting, managing or carrying on the business of junk dealer, the fee shall be established by resolution of the Mayor and City Council.

(B) For the purpose of this article, JUNK DEALER is defined to be any person, firm or corporation having a business of buying or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metals or other articles of junk.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-743, passed 10-8-1990)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

Every person, firm, association or corporation conducting, managing or carrying on the business of a massage parlor, the fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

Cross-reference:

For additional regulations on massage parlors, see Chapter 5.20

For every person, firm or corporation conducting, managing or carrying on the business of furnishing messengers or messenger service, the fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-382, passed 6-20-1984; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) As a condition to the issuance of a business registration certificate for a private patrol system or armored car service, the applicant must possess any and all state licenses necessary to engage in the business covered by the business registration certificate application, and a copy of the applicant’s state license or licenses shall be filed with the City Clerk prior to issuance of a city business registration certificate.

(B) All employees and persons who will perform services under the certificate must possess a valid State Department of Consumer Affairs Bureau of Collection and Investigative Services Registration card, on the front of which is endorsed one of the following: responding guard or permit for exposed firearm. Each certificate holder shall ensure that a copy of each such valid card is filed with the City Clerk.

(C) No registration certificate issued under this section may be transferred at any time.

(Ord. MC-817, passed 1-7-1992)

(A) For every person, firm or corporation conducting, managing or carrying on the business of a pawnbroker, the fee shall be established by resolution of the Mayor and City Council.

(B) For the purpose of this article, PAWNBROKER means and includes every person conducting, managing or carrying on the business of loaning money either for himself or herself or for any other person, firm or corporation, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such articles to the vendor or other assignees at prices previously agreed upon.

(C) Nothing contained in this section shall be deemed or construed to apply to the loaning of money or personal property or personal security by any bank authorized so to do under laws of the state.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) Fortune telling defined. For the purposes of this section, FORTUNE TELLING means the practice of the art of astrology, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal-gazing, mediumship, spirit augury, divination, necromancy, character reading or fortune telling by handwriting analysis or other similar business or art, whether predicted by manual or electronic device, and demand or receive directly or indirectly a fee, gift, donation or reward for the exercise or exhibition.

(B) Permit required. It is unlawful for any individual or person to conduct or carry on any fortune telling business or activity without first having applied for and received a business permit as set forth in Chapter 5.82.

(C) Business registration certificate required - fee. A business registration certificate application shall be made and a fee as established by resolution of the Mayor and City Council shall be paid in accordance with this code. The fee shall be due on January 1 of each year and must be paid by January 31 of each year.

(D) Religious exemptions. Church or recognized religious organizations shall be exempt from permit and business registration certificate regulations of this chapter; provided that the generated revenue is for the exclusive benefit of the church, all revenue will be deposited directly to the church treasury, no single person will benefit from the generated revenue and that the church has maintained head quarters or a place of worship in the city for at least one year preceding the date on which the activity shall be initiated. Proof of religious exemption shall be furnished to the City Clerk in the form of a determination letter from the United States Treasury (Internal Revenue Service) relating to federal taxes or a determination letter from the State Franchise Tax Board relating to franchise taxes.

(Ord. MC-460, passed 5-15-1985; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[This section shall become inoperative as of the date Ord. MC-1186 becomes operative and shall remain inoperative so long as Chapter 9.60 prohibiting aggressive solicitation remains in full force and effect. Should Chapter 9.60 be stricken, enjoined or suspended by any court of law, this section will automatically be reenacted.]

(Ord. MC-817, passed 1-7-1992; Ord. MC-937, passed 5-1-1995; Ord. MC-1186, passed 10-5-2004)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

For every person, firm or corporation engaged in conjunction with a carnival or similar activity to carrying on the business of a seller from a booth or stand, or a peddler who sells or offers for sale flags, banners, balloons, canes, horns, trumpets, musical or noise-making instruments of any kind, toys, badges, buttons, shoestrings, hairpins, lead pencils, combs, similar trinkets and items, souvenirs of any kind, hot dogs, hamburgers, tacos, burritos, soft drinks, ice cream, ice milk, popcorn, cotton candy, candy apples, snow cones and any similar food or confection, or any combination thereof, the fee shall be established by resolution of the Mayor and City Council. It shall be unlawful to engage in the carrying on of the business listed in this section other than in conjunction with a carnival or similar activity, or as permitted pursuant to Chapter 19.70. A person with a business registration certificate to sell ice cream or ice milk products from a vehicle or a cart under § 5.04.375 shall be exempt from the fees imposed in this section.

(Ord. MC-302, passed 9-7-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992; Ord. MC-1363, passed 8-2-2011)

(A) For every person, firm or corporation engaged in or carrying on the business of a peddler, or solicitor of orders, or for the sampling, or for the sale of any fish, fruits, vegetables, butter, eggs, buttermilk, milk, ice cream, confection, bread, crackers, cookies, pies, cakes, pastries, doughnuts or other bakery goods, or any other edibles, intended for use as food for human consumption, by means of foot or vehicle delivery, the fee shall be established by resolution of the Mayor and City Council.

(B) For the purpose of this section, a PEDDLER or SOLICITOR is defined to be and include every person, firm or corporation who goes from place to place on a fixed route, who solicits orders for the sale of or who sells or offers for sale any goods, wares or merchandise, or the sampling of goods, wares or merchandise, as enumerated or contemplated in this section, which he, she or it has in his, her or its possession, or in his, her or its motortruck, automobile, wagon or other vehicle, cart, basket, tray or other container.

(Ord. MC-302, passed 9-7-1983; Ord. MC-382, passed 6-20-1984; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

Christmas tree sales shall be held from November 1 through December 31 only. The fee therefor shall be established by resolution of the Mayor and City Council and shall not be prorated.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

For every person, firm or corporation conducting, managing or carrying on the business of operating or driving any vehicle used for the purpose of pumping cesspools or removing or collecting rubbish, manure, waste material or refuse matter of any kind, the fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) Fee. For every person, firm or corporation conducting, managing or carrying on the business of a collection agency, the fee shall be established by resolution of the Mayor and City Council.

(B) Collection agency defined. As used in this section, the term COLLECTION AGENCY means and includes all persons, firms, corporations and voluntary associations engaging, directly or indirectly, as a primary or secondary object, business or pursuit, in soliciting claims for collection, and in the collection of claims owing or due or asserted to be owing or due to another, and any person, firm or corporation or voluntary association engaged in collecting accounts for another, whether the employment is for one or more persons, firms, corporations or voluntary associations, or in the selling or furnishing of any collection system or collection letter forms or collection letters, or any house agency, firm, person, corporation or voluntary association using a fictitious name in collecting its own accounts receivable with the intention of conveying to the debtor that a third party has been employed to collect such accounts.

(C) Attorney conducting collection agency. Any attorney at law who, directly or indirectly, by the use of agents, representatives, fictitious names or otherwise, solicits claims or accounts for collection, or who solicits or demands payment of claims from debtors through or by the use of laypeople, employees or agents, or the use of fictitious names; or any attorney at law who makes a practice of accepting assignments to himself or herself, or to any agent, employee or fictitious name, of claims or accounts for collection, shall be deemed to be conducting a collection agency. COLLECTION AGENCY includes all attorneys at law who are in fact conducting collection agencies whether included in the foregoing definition or not.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-744, passed 10-8-1990)

(A) It shall be unlawful for any person or persons to offer for sale, trade or barter; to create; to possess items to be sold, traded or bartered; or to sell, trade or barter any items, including, but not limited to, manufactured items, homemade items, packaged and unpackaged goods, commodities, food, agricultural products, vehicles, furniture or any other item or to offer any service, from a temporary stand, or other temporary location, upon any public street, alley, sidewalk, right-of-way, easement or other public place, doorway of any room or building, unenclosed building, building for which no certificate of occupancy has been issued, vacant lot, front or side yard, back yard (except as permitted in Chapter 5.68), driveway, parking lot or parcel of land, either paved or unpaved, at any time except as permitted pursuant to Chapter 19.70.

(B) Possession of a valid city business registration certificate or permit issued under any section of Chapter 5.04 is not a defense to division (A) above if the transient merchant/vendor stays at any location not listed on his or her business registration certificate or permit for more than five minutes in a 24-hour period.

(C) This section is intended to make it unlawful for any person or persons to offer, create, possess items to sell or commence to sell items at locations that have not been approved by the city, and to prohibit transient merchants/vendors and temporary businesses. The Mayor and City Council find that transient merchants/vendors and temporary businesses at temporary locations cause blight; they unlawfully compete against lawful businesses without paying permit fees or taxes; they encourage people to unlawfully assemble; they threaten the public health and safety, public sanitation and the public welfare; and they create a public nuisance.

(D) This section applies to all transient merchants/vendors, regardless of their employer or purpose.

(Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992; Ord. MC-1189, passed 10-19-2004; Ord. MC-1363, passed 8-2-2011)

It shall be unlawful for the owner, tenant and/or person in control or charge of any real or personal property to authorize another to engage in or to allow any of the activities prohibited in § 5.04.495 on that property.

(Ord. MC-817, passed 1-7-1992; Ord. MC-1189, passed 10-19-2004)

(A) In addition to any criminal action which may be taken, any authorized officer may seize the items offered for sale contrary to §§ 5.04.495 and 5.04.496 and hold said items pending a hearing before the City Clerk, or his or her designee. Said hearing must be held within 30 days following the giving of notice of such seizure to the seller. If the seller is unavailable or unknown, notice of the hearing may be posted at the location where the items were offered for sale.

(B) At the hearing, the City Clerk, or his or her designee, shall determine whether a business registration certificate pursuant to this chapter has been issued. If he or she determines that such certificate has not been issued, he or she may destroy or otherwise dispose of the items or may return such items to the seller upon the payment of all costs of the seizure and hearing by the seller. If there is a dispute over the value of the seized items, between the seizing officer and the seller, the City Clerk, or his or her designee, shall make a determination of the value of the seized items based upon the evidence presented at the hearing.

(C) If the seized items have a value greater than $100, the seller may appeal the decision of the City Clerk, or his or her designee, to the City Council pursuant to Chapter 2.64. For seized items that have a value of $100 or less, the decision of the City Clerk, or his or her designee, shall be final.

(D) If the items seized are evidence in a criminal proceeding, they shall not be returned or destroyed pending release by the appropriate authorities. If the items seized are perishable, the city may donate the property to any bona fide charitable organization provided that said donation is in conformance with the requirements of the Cal. Health and Safety Code, as interpreted by the County Department of Public Health, or the city may otherwise dispose of the perishable items. If the seller waives his or her right to a hearing pursuant to this section, then the goods may be immediately destroyed or otherwise disposed of by the city. If the seller, or his or her agent, does not appear for the hearing provided for in this section, the items shall be deemed abandoned and may immediately be disposed of as other surplus city property. Any animals seized pursuant to this section shall be impounded or returned pursuant to Title 6.

(E) As used in this section, OFFICER or AUTHORIZED OFFICER shall mean any police officer of the city, any of the officers specified in § 9.90.010(A)(7) with regard to animals and any of the officers specified in §§ 9.90.010(A)(5), 9.90.010(A)(6) and 9.90.010(A)(8).

(F) Pursuant to Cal. Code of Civil Procedure, § 1094.6, any action to review the decision of the City Clerk, or his or her designee, or the City Council shall be commenced no later than the ninetieth day after the date said decision is adopted.

(Ord. MC-817, passed 1-7-1992; Ord. MC-1141, passed 4-22-2004)

Violation of §§ 5.04.495 and 5.04.496 shall be a misdemeanor. This section is in emphasis of § 1.12.010(A) and not in contradiction thereof. Stating the penalty for the violation of these sections shall not be construed as affecting the penalties for any other provision of this code.

(Ord. MC-817, passed 1-7-1992)

If any provision of §§ 5.04.495, 5.04.496, 5.04.497 or 5.04.498 is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid or in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions.

(Ord. MC-1189, passed 10-19-2004)

(A) For every person, firm or corporation operating, conducting and/or managing a swap meet in the city, the fee is established by resolution of the Mayor and City Council, pursuant to § 5.04.525(F).

(B) For every dealer or individual selling or offering for sale goods, wares, merchandise or things or articles of value at a swap meet in the city, the fee is established by resolution of the Mayor and City Council, pursuant to § 5.04.525(B).

(C) For every dealer or individual selling or offering for sale food for human or animal consumption at a swap meet in the city, the fee is established by resolution of the Mayor and City Council, pursuant to § 5.04.525(C).

(D) SWAP MEET, as used in this article, means any business wherein any person, firm or corporation or agent thereof rents spaces to various dealers or individuals for selling or offering for sale goods, wares, merchandise or things or articles of value, or food for human or animal consumption, whether or not an admission fee is charged to enter the area when such items are sold or being offered for sale.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992; Ord. MC-1094, passed 3-21-2001)

For every person, firm or corporation conducting, managing, carrying on or engaging in the business of telephone solicitation, telemarketing or other similar activities, the fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-1414, passed 7-6-2015)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

(A) For every person, firm or corporation conducting, managing or carrying on the business of running, driving or operating any automobile or motor-propelled vehicle for the transportation of passengers for hire, when driven by the owner or a representative of the owner, or by the person or persons hiring or renting the same, at rate per mile, per trip, per hour, per day, per week or per month, and such vehicle is routed under the direction of such passenger or passengers or of such persons hiring the same, the fee shall be established by resolution of the Mayor and City Council.

(B) For every person driving or operating a taxicab, the fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) Professional services. Every person, firm or corporation conducting, managing or carrying on or engaged in any of the businesses hereinafter enumerated in this division (A) and not specifically covered elsewhere in this chapter shall pay a fee established by resolution of the Mayor and City Council. The fee provided for in this section shall be paid by every person, firm or corporation conducting, managing or carrying on or engaged in any professional service, business, profession or occupation, which shall include, but shall not be limited to, the following:

(1) Architect;

(2) Assayer;

(3) Attorney at law;

(4) Auditor accountant;

(5) Bookkeeper;

(6) Chemist;

(7) Chiropodist;

(8) Chiropractor;

(9) Civil, electrical, chemical or mechanical engineer;

(10) Consultant (one who gives professional advice or services);

(11) Dentist;

(12) Drafting;

(13) Employment agency;

(14) Marriage or family counselor;

(15) Optician;

(16) Optometrist;

(17) Occultist;

(18) Osteopath or osteopathist;

(19) Physical therapist;

(20) Physician;

(21) Real estate broker;

(22) Surgeon;

(23) Undertaker, embalmer or funeral director;

(24) Teacher of private dancing school of more than 12 pupils; and

(25) Every person carrying on or engaged in the business of treating, caring, administering to or giving treatments to the sick, wounded or infirm for the purpose of bringing about their recovery, by any method or pursuant to any belief, doctrine or system other than those hereinabove specifically named, and charging fee or compensation therefor. Nothing contained in this section shall be deemed or be construed as applying to any person engaged in any of the businesses hereinbefore enumerated, solely as an employee of any other person, firm or corporation conducting, managing or carrying on any such business in the city.

(B) Retail merchants (other than food).

(1) Every person, firm or corporation conducting, managing or carrying on the business of selling at retail any goods, services, wares or merchandise other than food which are not otherwise specifically covered by other sections of this chapter shall pay a fee established by resolution of the Mayor and City Council.

(2) “Retail merchants (other than food),” for purposes of this division (B), shall include, but not be limited to, the following businesses:

(a) Advertising - bill posting or sign boards;

(b) Alarm businesses;

(c) Alterations;

(d) Ambulance service;

(e) Antiques;

(f) Armored car service;

(g) Art studio or gallery;

(h) Athletic exhibitions;

(i) Barber and beauty supply;

(j) Bicycles;

(k) Boat sales and service;

(l) Book store;

(m) Building material sales;

(n) Camper sales;

(o) Carpet sales;

(p) Check cashing;

(q) Cleaning or dyeing establishments;

(r) Clothing stores;

(s) Cold storage locker rentals;

(t) Cosmetic sales;

(u) Data processing services;

(v) Detective agency;

(w) Dog grooming;

(x) Drug store;

(y) Electrical appliance sales and service;

(z) Electrical sign enterprises;

(aa) Equipment rental;

(bb) Film processing;

(cc) Florists;

(dd) Furniture store;

(ee) General merchandise sales;

(ff) Gift shop;

(gg) Graphic arts;

(hh) Guard service;

(ii) Hardware store;

(jj) Interior decorating;

(kk) Jewelry store;

(ll) Linen, uniform supply services and laundries;

(mm) Medical equipment sales and service;

(nn) Mobile home sales;

(oo) Music store;

(pp) Nursery (plants);

(qq) Paint store;

(rr) Pest control service;

(ss) Pet store;

(tt) Photographers;

(uu) Physical culture and health clubs;

(vv) Private post office service;

(ww) Record shop;

(xx) Recycling service;

(yy) Repair shops (general);

(zz) Roller rink;

(aaa) Seasonal athletic events;

(bbb) Shoe repair shop;

(ccc) Shoe shining or polishing stand;

(ddd) Shoe store;

(eee) Sporting goods;

(fff) Stock car racing;

(ggg) Swimming pool supplies and equipment;

(hhh) Tanning salon;

(iii) Trade school;

(jjj) Travel agency;

(kkk) Vehicle leasing;

(lll) Vehicle repair shop;

(mmm) Vehicle wrecking; and

(nnn) Welding shop.

(C) Retail food merchants.

(1) Every person, firm or corporation conducting, managing or carrying on a business consisting principally of selling at retail food for human or animal consumption not otherwise specifically covered by other sections of this chapter shall pay a fee established by resolution of the Mayor and City Council.

(2) “Retail food merchants,” for purposes of this division (C), shall include, but not be limited to, the following:

(a) Bakery;

(b) Confectioners;

(c) Dairy;

(d) Delicatessen;

(e) Feed store;

(f) Grocery store;

(g) Health food store;

(h) Meat market;

(i) Produce store;

(j) Restaurant; and

(k) Retail liquor.

(D) Wholesale sales and telephone companies. Every person, firm or corporation conducting, carrying on or managing a business consisting principally of operating a telephone company; selling goods, wares or merchandise at wholesale, other than manufacturing and selling goods at wholesale; selling at wholesale hydro carbon, lubricating oil or gasoline; and not otherwise specifically covered by other provisions of this chapter, shall pay a fee established by resolution of the Mayor and City Council.

(E) Manufacturers/wholesalers. Every person, firm or corporation manufacturing and selling any goods, wares, merchandise or services at wholesale, and not otherwise specifically covered by other provisions of this chapter shall pay a fee established by resolution of the Mayor and City Council. Temporary employment services shall be included within this division (E).

(F) Commercial, industrial and residential rental or leasing.

(1) Every person, firm or corporation conducting, managing or carrying on the business of leasing or renting commercial or industrial building(s), land or space(s), where the building(s), land or space(s) are to be utilized for any business purpose, including retail sales, offices and suites or other business rentals including mini-storage; or freight forwarding storehouse(s) and warehouse(s); or operating hotel(s), rooming house(s), lodging house(s), boardinghouse(s), apartment house(s), court motel(s), mobile home park(s); or leasing or renting any residential dwelling unit(s), including single-family home(s), shall obtain a business registration certificate and pay a fee established by resolution of the Mayor and City Council.

(2) (a) All businesses which conduct, manage or carry on the business of leasing or renting of commercial or industrial building(s), land or space(s), which are to be utilized for any business purpose, are required to furnish a list of tenants or lessees for all such buildings to the City Clerk.

(b) The list of tenants shall be included with the business registration certificate application or renewal application of the management company.

(3) The intent of this section is to require a business registration certificate for the business of leasing or renting commercial or industrial building(s); for leasing or renting land; for leasing or renting office(s), suite(s) or other business rental(s); and for leasing or renting dwelling unit(s).

(4) (a) For the leasing or renting of dwelling unit(s), a separate business registration certificate shall be required for each legal parcel upon which the rental unit(s) are located, unless the ownership of a building is divided as provided in Cal. Gov’t Code, §§ 66426 and 66427 as a condominium, community apartment project or stock cooperative project, and then a separate business registration certificate shall be required for each such division where the owner owns less than four units in one complex. Where the owner owns four or more such units located in the same complex, only one business registration certificate shall be required. For the purposes of this section, COMPLEX shall mean the land divided into condominiums, a community apartment project or a stock cooperative project with any attendant common area and which is treated together as unified whole.

(b) It shall be presumptive evidence that a single-family dwelling is considered rented if the owner fails to claim the home owner’s property tax exemption annually applicable according to County Tax Assessor’s records. Whenever an owner fails to claim such exemption for any calendar year, it shall be presumed that the properties were rented and therefore, subject to the business registration, unless the owner establishes to the satisfaction of the City Clerk that the premises were not rented; provided, however, that the owner had not advertised or otherwise held out property as being available for lease or rent during that calendar year.

(5) For the leasing or renting of commercial or industrial building(s), for the leasing or renting of land and for the leasing or renting of office(s), suite(s) or other business rental(s), a separate business registration certificate shall be required for each legal parcel upon which the rental unit(s) are located, or for each building if such building is located on more than one legal parcel. However, where the ownership of a building is divided as provided in Cal. Gov’t Code, §§ 66426 and 66427 as a condominium or stock cooperative project then a separate business registration certificate shall be required for each such division where the owner owns less than four units in one complex. Where the owner owns four or more such units located in the same complex, only one business registration certificate shall be required. COMPLEX shall have the same definition as that in division (G)(4) above.

(6) It shall be unlawful for any property owner, landlord, manager or agent to demand, accept, receive or retain any payment of rent if the unit for which the rent is paid has not applied for and received a business registration certificate under this section. Any person violating any of the provisions or failing to comply with any of the requirements of this section shall be guilty of a misdemeanor

(G) Barbershops, manicurist, shampooing or hairdressing parlors. Every person, firm or corporation conducting, carrying on or managing a business consisting principally of a barbershop, manicurist, shampooing or hairdressing parlor and not otherwise specifically covered by other sections of this chapter shall pay a fee established by resolution of the Mayor and City Council.

(H) Motor vehicle sales - new and used. Every person, firm or corporation conducting, carrying on or managing a business consisting principally of selling new and/or used motor vehicles, whether at retail or wholesale, including the sale of parts and services, and not covered by other provisions of this chapter, shall pay a fee established by resolution of the Mayor and City Council.

(Ord. MC-302, passed 9-7-1983; Ord. MC-382, passed 6-20-1984; Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995; Ord. MC-1231, passed 10-3-2006)

(A) The Mayor and City Council do find and determine that in the area described in division (E) below, there is a concentration of multi-family residential housing with an excessively high crime rate, including robberies, shootings, murders, attempted murders, gang activity and drug dealings, resulting in higher than usual demand for police services and a high concentration of blight, resulting in a higher than usual need for code enforcement, parking control and other city services related to blight reduction.

(B) In the area described in division (E) below, it is determined that the excessive demand of city service is a cost that should not be borne by the general tax payers of the city, but should be the responsibility of those most directly involved who are responsible for the conditions which allow such circumstances to exist and who have the best opportunity to alleviate the problem.

(C) The Mayor and City Council do further find and determine that the existence of an effective home owner’s association tends to mitigate and reduce the existence of the types of crime and blight described in division (A) above due to being closer to the situation and directly involved with the people who are affected by the adverse effects of crime and blight, and are the recipients of improvements in such situations, and due to the fact that those who own or reside in residential property have a greater incentive to care for that property and to make it a safe environment in which to live.

(D) Therefore, in the area described in division (E) below, the business registration certificate fee imposed on the operation of rental properties, pursuant to § 5.04.525(F), shall be increased by the amount of $1,000 annually. Provided, however, if the owner of such rental property joins an areawide homeowners association approved by the Mayor and City Council, and records conditions, covenants and restrictions against the property as approved by the City Attorney, the amount as added by this section shall no longer, such conditions, covenants and restrictions shall relate to maintenance and landscaping standards, parking restrictions, security measures and the right of the homeowners association, or if such association fails to do so, of the city, to enforce such conditions by means of entry, summary abatement, lien and legal action.

(E) The property to which this section shall apply is described as follows: those portions of Tract No. 7106 as per plat thereof recorded in Book 90 of Maps, pages 61 and 62, Tract No. 6890 as per plat thereof recorded in Book 88 of Maps, pages 34 and 35, Shays Subdivision as per plat thereof recorded in Book 8 of Maps, page 44, Tract No. 6969 as per plat recorded in Book 90 of Maps, pages 59 and 60, Tract No. 13233 as per plat thereof recorded in Book 191 of Maps, pages 85 and 96, Tract No. 6647 as per plat thereof recorded in Book 86 of Maps, pages 30 and 31, Tract No. 12398 as per plat thereof recorded in Book 171 of Maps, pages 65 and 66, and Tract No. 10353 as per plat thereof recorded in Book 152 of Maps, pages 61 and 62, all records of the County Recorder of said county lying within the following described land: beginning at the intersection of the centerlines of Highland Avenue and Arden Avenue; thence south along the centerline of said Arden Avenue to the easterly prolongation of the south line of that certain east/west alley lying south of and adjacent to the south lines of Lots 41 through 49 of said Tract No. 7106; thence west along said south line of said alley and its westerly prolongation, to the centerline of McKinley Street; thence south along said centerline to the centerline of Roca Street; thence west along said centerline of Roca Street to the northerly prolongation of the east line of that certain north/south alley lying east of and adjacent to the east line of Lot 9 of said Tract No. 12398; thence south along said east line of said alley to the south line of that certain east/west alley lying south of and adjacent to the south lines of Lots 1 through 9 of said Tract No. 12398; thence west along said south line of said alley, the westerly prolongation thereof and along the south line of that certain east/west alley lying south of and adjacent to the south lines of Lots 19 through 32 of said Tract No. 6647, the westerly prolongation thereof and along the south line of Lot I to said Tract No. 6647 and the westerly prolongation thereof, to the centerline of Sterling Avenue; thence north along said centerline to the westerly prolongation of the north line of that certain east/west alley lying north of and adjacent to the north line of Lots 1 through 13 of said Tract No. 10353; thence east along said prolongation and said north line of said alley and the easterly prolongation thereof, to the centerline of Guthrie Street; thence north along said centerline, to the centerline of Highland Avenue; thence east along said centerline to the point of beginning.

(Ord. MC-817, passed 1-7-1992)

(A) For every person, firm or corporation engaging in the business of painting, installing, erecting, constructing or maintaining benches which are installed upon the public streets of the city, subject to the provisions hereof, the fee shall be established by resolution of the Mayor and City Council.

(B) It is unlawful to:

(1) Place a bench at any location unless prior approval of the Mayor and City Council has been obtained;

(2) Erect, construct or locate or maintain the benches without first filing and maintaining in force and effect a public liability policy of insurance in a reputable company in limits as approved by the Mayor and City Council;

(3) Maintain or erect any benches unless a correct list shall be furnished quarterly to the City Clerk setting forth the location of all benches used by the certificate holder; and

(4) Locate, erect or place any bench other than at bus stops.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

(A) For every person, firm or corporation conducting, managing or carrying on the business of constructing houses, buildings or structures, or bidding or submitting a bid on the construction of houses, buildings or structures, as a general contractor, except as provided in divisions (B) and (C) below, the fee shall be established by resolution of the Mayor and City Council.

(B) For every person, firm or corporation conducting, managing or carrying on the business of an electric wiring contractor; engaged in the business of installing electric wires and electric lighting or heating fixtures in houses or buildings; or bidding or submitting a bid on the installation of electric wires and electric lighting or heating fixtures in houses or buildings, or constituting a master electrician within the meaning of the Electrical Code of the city, the fee shall be established by resolution of the Mayor and City Council.

(C) For every person, firm or corporation conducting, managing or carrying on the business of brick mason, building contractor, building, house moving and house wrecking, cement, concrete, excavating, floor polishing, grading, interior decorating or wallpaper contractor, landscaping, paint, paving, plaster, surfacing, trenching and all other subcontractors, and every person, firm or corporation submitting any bid in connection therewith, the fee shall be established by resolution of the Mayor and City Council.

(D) For every person, firm or corporation engaged in or carrying on the business of plumbing, or submitting any bid in connection therewith, the fee shall be established by resolution of the Mayor and City Council.

(E) CONTRACTOR, within the meaning of this article, is a person, firm, co-partnership, corporation, association or other organization, or any combination of any thereof, who, for a fixed sum, price, fee percentage or other compensation, other than wages, undertakes with another for the construction, alteration, repair, addition to or improvement of any building, highway, road, railroad, excavation or other structure, project, development or improvement other than to personality, or any part thereof; provided that CONTRACTOR, as used in this article, includes subcontractors, but does not include anyone who merely furnishes materials or supplies without fabricating the same into or consuming the same in the performance of the work of the contractor as herein defined.

(F) No business registration certificate shall be issued by the City Clerk or any permit issued by the Building Inspector, Plumbing Inspector or City Electrician pursuant to the provisions of any ordinance of the city requiring the issuance of a license or any permit for building construction, plumbing or wiring installation to any contractor unless and until such contractor either exhibits a contractor’s license issued under the authority of and pursuant to the statutes of the state in the proper classification in relationship to the work to be performed or establishes to the satisfaction of the City Clerk, Building Inspector, Plumbing Inspector or City Electrician, as the case may be, that he or she is licensed as a contractor by the state to perform such work in accordance with the law or the rules and regulations of the contractor’s State License Board. Nothing, however, in this section shall be deemed to prohibit the issuance of any such permit to the owner of property upon which a building is being constructed, altered or repaired.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

For every person, firm or corporation engaged in or carrying on the business of the painting of house numbers on curbs of streets in the city, the fee shall be established by resolution of the Mayor and City Council.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

Each business, show, exhibition or game conducted, operated or carried on in the city, which is not otherwise covered by the provisions of this article, shall be required to apply for and obtain a business registration certificate before doing business in the city and the fee therefor shall be established by resolution of the Mayor and City Council.

(Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-382, passed 6-20-1984)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)

(A) For every person acting as a solicitor, as defined in division (F) below, the fee shall be established by resolution of the Mayor and City Council, except for those solicitors acting as agents or representatives of a place of business holding a business registration certificate and established in the city for a period of one year under the same ownership for whom fee rates shall be established and paid based upon the total gross receipts of the business as set forth in § 5.04.525(B).

(B) In order to be classified as a business having a business registration certificate and an established place of business in the city for a period of one year under the same ownership, such business shall continuously comply with this section and each of the following requirements.

(1) A completely representative stock of the merchandise being solicited shall be on display at the place of business.

(2) The established place of business must be open to the public at least eight hours a day, five days a week.

(3) A floor salesperson of the company shall be present at all times when the place of business is open.

(4) The business or company shall have and maintain at the place a sign of not less than three square feet bearing the name of the firm painted either on the front of the building or on the unscreened glass facing the front street, or the sign shall be affixed to the front of the building.

(5) Ingress and egress shall be available to the place of business from the main entrance of the building.

(C) For every person soliciting as a representative of, or from, or in connection with, any other established place of business, the fee shall be established by resolution of the Mayor and City Council, in addition to the fee imposed upon the established place of business.

(D) Any person, firm or corporation soliciting with a number of solicitors, may elect, at his or her option, to pay a flat rate established by resolution of the Mayor and City Council.

(E) Each certificate holder shall be required to maintain a current list of the name and address of each solicitor working under the certificate and the list and any current changes thereto shall be filed in the office of the City Clerk prior to any solicitation within the city.

(F) A SOLICITOR, within the meaning of this section, is defined to be any person who goes from house to house, or from place to place, in the city, selling or taking orders for, or offering to sell or take orders for, goods, wares or merchandise or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery. The foregoing definition of a SOLICITOR shall be exclusive and controlling, and the fact that a solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising or by person to person conversation, or that he or she may have been invited to the house or place, shall not be a defense to, or excuse for, a violation of any provision of this article, nor affect his or her status as a solicitor.

(G) All orders taken by solicitors shall be in writing in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser. Each solicitor shall be fingerprinted and photographed by the Police Department. Solicitation shall cease at sundown.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-1282, passed 8-19-2008)

(A) In the event that any person, firm or corporation is conducting, managing or carrying on two or more businesses covered by this article at the same location and under the same management, the fee to be paid by such person, firm or corporation shall be the highest fee provided for in this article, for only one of such businesses; provided, however, in such cases where the fee on one or more of such businesses is based upon the gross annual receipts of such business and the fee on one or more of such businesses is fixed at a definite amount, then the fee shall be paid according to the provisions of this article providing for a fee based upon such gross annual receipts, and the receipt of the business or businesses upon which the fee is fixed at a definite amount shall be included in the gross annual receipts for the business or businesses upon which the fee is based upon the gross annual receipts of such business or businesses unless the fee upon any one of such businesses is greater in amount than the fee of the business or businesses upon which the fee is based upon the gross annual receipts of such business, and in that event the fee paid shall be the highest fee upon any one of such businesses upon which the fee is fixed at a definite amount; provided, further, that in such cases where the fee upon two or more of such businesses are based upon the gross annual receipts of such business, then separate certificates shall be issued for each such business, and the fee paid upon each of such businesses in accordance with the amount of gross annual receipts of each such business.

(B) In any event, any person, firm or corporation conducting any business covered under the terms of this article providing for the payment of a fee based upon volume of business, number of persons employed, number of vehicles used or other basis shall make and file the verified statements provided for in this article except as otherwise provided for in this article.

(Ord. MC-817, passed 1-7-1992)

In the event any person, firm or corporation is conducting, managing or carrying on two or more businesses at separate locations, each location is, for the purpose of this article, deemed a separate business in computing and fixing the fee; provided, however, that warehouses and distributing plants located in the city used in connection with and incidental to a business for which a registration certificate has been issued to an address located within the city shall not be deemed to be branch establishments or separate locations; provided, further, that no business transactions shall be carried on in such incidental or supplemental warehouses or distributing plants.

(Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995)

Every person, firm or corporation conducting, managing or carrying on any business of any kind in the city and employing vehicles, automobiles or motor vehicles in the conduct of such business shall pay a fee established by resolution of the Mayor and City Council for each such vehicle, automobile or motor vehicle used in such business within the corporate limits of the city; provided, however, that this section shall not apply to any person, firm or corporation holding a certificate for any such business under any other provision of this article.

(Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992)

Nothing contained in this article shall be deemed or construed as applying to any person, firm or corporation conducting, managing or carrying on, or engaged in any business or occupation exempt from taxation by municipal corporations, by virtue of § 14, Article XIII of the California Constitution, or by the U.S. Constitution.

(Ord. MC-817, passed 1-7-1992)

Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any fee provided for in this chapter upon the ground that he or she is an honorably discharged or released soldier, sailor or marine of the United States or Confederate States who is physically unable to obtain a livelihood by manual labor and who shall be a qualified elector of the state or otherwise evidences residency within the state, as provided in the laws of this state, shall, in addition to any other information required by this chapter, file with the City Clerk’s office a certificate of a regularly licensed and practicing physician dated within a month of said application, to the effect that said applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of said incapacitation; verification that the applicant is an honorably discharged veteran of the United States or Confederate States, and verification that the applicant is a registered voter of this state or otherwise evidences residency within the state. Upon proof of the foregoing, the City Clerk shall issue, without charge, a certificate to a qualified applicant to solicit, sell, hawk, peddle or vend his or her goods. Certificate holders under the provisions of this section shall be required to comply with all other provisions of this chapter. Any certificate issued hereunder shall be personal to the veteran, and shall not authorize soliciting, selling, hawking, peddling or vending by an agent, employee or representative of the veteran. The certificate shall also be limited to hawking, peddling and vending goods and merchandise owned by the veteran personally.

(Ord. MC-817, passed 1-7-1992)

The provisions of this article relating to business registration certificates and fees therefor shall not apply to any bona fide non-profit charitable, fraternal or religious corporation, association, institution or organization when the proceeds of the activities covered by the exemption are to be used for the lawful purposes of the organization; provided, however, that no exemption under this article shall be valid unless application therefor has been made in writing to the City Clerk, and a certificate of exemption issued by the City Clerk, which certificate shall cover a period of no more than one year from date thereof, and shall be displayed or available for presentment to any enforcement officer of the city on request, on the premises covered by the certificate; and provided, further, that no exemption shall be granted under this article when any person, firm, concern or organization not meeting the foregoing qualifications receives any share or interest in the activities proposed to be covered by the exemption, or the proceeds or income therefrom.

(Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-460, passed 5-15-1985)

Nothing provided in this article shall prevent criminal prosecutions as otherwise provided by law, or the application of any regulatory procedures in instances where the field is not preempted by state law.

(Ord. MC-817, passed 1-7-1992; Ord. MC-991, passed 2-19-1997)

Any fees provided for in this article which are applicable to a person, firm or corporation licensed by the state are for revenue and not regulatory purposes.

(Ord. MC-817, passed 1-7-1992)

(A) Any certificate issued pursuant to the provisions of this article or any amendment thereof or of any ordinance for the conducting of business may be suspended, canceled or permanently revoked for good cause by the Mayor and City Council; provided that notice of the time and place of the hearing and a general statement of the nature of the grounds for good cause shall be given to the certificate holder by the City Clerk at least ten days before such hearing by personal service upon the certificate holder or by certified mail to the last known address of such certificate holder. The certificate holder may be represented by his or her attorney at law at the hearing.

(B) (1) The determination of the Mayor and City Council that good cause for the suspension, cancellation or revocation of such exists shall be conclusive.

(2) Good cause for such suspension, cancellation or revocation shall include, but is not limited to, the following grounds:

(a) The existence of unsanitary conditions, noise, disturbances or other conditions at or near the premises which cause, or tend to cause, a public nuisance, or which injuriously affect the public health, safety or welfare;

(b) The commission of, or permitting or causing the commission of, any act in the operation of the business, which act is made unlawful or is prohibited by any ordinance, rule or law of the city, state or federal government;

(c) Unfair, unjust, inequitable or fraudulent practices in the operation of the business or concealment or misrepresentation in procuring the certificate or other permit required for such business; and

(d) The omission or causing or permitting the omission or any act or duty which is required by this code or other law to be performed by the certificate holder or any officer, employee or agent thereof, in the operation of the business or any misrepresentation made in the performance of such act or duty.

(Ord. MC-817, passed 1-7-1992)

It shall be the duty of the auditor employed by the city to audit the books and records of the city to make annually a test check of the payment of fees as required by this article and said auditor shall report the result of the test check to the Mayor.

(Ord. MC-817, passed 1-7-1992)

[Reserved]

(Repealed by Ord. MC-302, passed 9-7-1983)