Tehachapi Municipal Code Art. I General Provisions

The city council enacts this chapter in the exercise of its police power, to regulate business activities within the city in the interest of maintaining and preserving the public health, safety and general welfare.

(Ord. 73-O-388 § 1, 1973)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section. All other words and phrases shall be construed as defined in the state codes applicable to the particular subject matter, as such now exist or may hereafter be amended, or as used in ordinary usage. For convenience, some definitions are included in portions of this chapter dealing with a particular subject matter.

1. "Adult bookstore" means a place where books, films, or matter is exhibited or sold, which said books, films or matter, when taken as a whole and when applying contemporary standards, appeals to prurient interests, i.e., a shameful or morbid interest in nudity, sex, or excretion; and which such books, films or matter, when taken as a whole, are utterly without redeeming social importance.

a. "Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials.

2. "Advertise," "advertisement," "advertising," "publish" and "publication" means any and all means of communication, including but not limited to, oral, written, lettered or printed, copies or the duplicates thereof, radio, television or telephone, used for conveying to the public notice of the conduct of a sale, as defined in this section, or notice of intention to conduct such sale.

3. "Alcoholic beverages" means and includes beer and wine.

4. "Amendment to permit" means and includes changes of personnel, location of the business or activity, equipment or vehicle, and other minor changes to the permit, but shall not include a change of the use or purpose for which the original permit was issued.

5. "Amusement device" means any machine, game or device which may be played or operated by the public for purposes of amusement or recreation, the operation, use or play of which is controlled by placing therein any coin, plate, disc, plug, key or other device, or by the payment of a fee. "Amusement device" shall include, but not be limited to, any machine, game or device known as a pin game, pinball machine, one-shot marble game, horserace machine, rotary machine, shuffleboard game, ski ball game, skill game, and all games and activities of a similar nature, whatever they may be called. The term "amusement device" shall not be construed to include any vending machine or any coin-operated machine which plays recorded music.

6. "Amusement machine" means any mechanical, electrical, electronic or other machine, apparatus, contrivance or device which may be operated or played by the placing or deposit therein of a coin, check, slug, ball, token, card, or other article, or by paying for the use thereof in advance or after use, involving in its operation or play either skill or chance, including but not limited to pinball machines, bowling game machines, shuffleboard machines, marble game machines, video game machines, movie machine, or any other similar machine or device. The term "amusement machine" does not include phonographs, jukeboxes, or other music machines.

7. "Amusement ride" means a mechanical device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement. "Amusement ride" does not include the operation of amusement devices of a permanent nature which are subject to building regulations issued by cities or counties and existing applicable safety orders.

8. "Applicant" means the person applying for a permit or an amendment to a permit required by this chapter.

9. "Arcade" means any business with a fixed place of business which maintains on the business premises four or more amusement machines available for use and play by the public generally or by patrons of such business, whether the business of arcade is conducted as a single business or in conjunction with another business.

10. "Association" means and includes corporation, syndicate, business, common law trust, joint stock corporation, partnership, joint venture, society or other organization, or individual.

11. "Auction sale" or "sale by public auction" means and includes a sale of property by public outcry to the highest bidder, and a sale by public outcry in which, instead of the bidders making increasingly higher bids for an article or articles of merchandise, the seller or auctioneer announces a price at which he will sell one or more articles of merchandise and then, if no sale occurs, increasingly adds additional articles of merchandise to those originally offered, with or without varying the price on the originally offered article or articles, until a buyer is finally induced to buy the original article or accumulated articles at the price announced.

12. "Auctioneer" means and includes any person who sells at an auction sale, or effects a sale by public auction, as defined in this section, and includes and comprehends any person who shall, by public outcry, sell or offer to sell to the highest bidder any of the property hereinafter described; or any person who shall arrange for the disposal at public offering to the highest bidder when bids are called for either in person or by duly employed and licensed auctioneers, any goods, wares, merchandise, fruits, stocks, bonds and other securities, livestock or other personal property, or any real estate or interest therein, in any building or in any of the streets or sidewalks, or in any other place in the city where any and all persons who choose are permitted to attend and offer bids; or any person who shall advertise as a public auctioneer, or in any other manner hold himself out as such for public patronage, or shall receive fees as a commission for services as such.

13. "Board" means the permit appeals board of the city.

14. "Burglar alarm system or alarm companies" means the maintaining, repairing, servicing, altering, replacing, moving, installing, selling or leasing, or causing to be maintained, repaired, serviced, altered, replaced, moved, installed, sold or leased, any device known as a burglar alarm, in or on any building, place or premises in the city. The person who performs any of the above acts shall be known as "installer."

15. "Business" means and includes profession, trade, occupation, service, and all and every kind of calling or activity, whether carried on for profit or not.

16. "Card club" or "social card club" means any place maintained, operated or conducted for the principal purpose of furnishing a place where members or guests or other persons play card games, and where a fee is charged either as membership dues or for admission to such place, or for the privilege of playing at cards, or any collection or donation of money is made or received.

17. "Carnival" means any place or business which travels from place to place and has for its primary purpose the offering of entertainment and amusement by way of amusement rides, exhibitions, booths, merry-go-rounds, and other amusement devices.

18. "City" means the city of Tehachapi, California.

19. "City administrator" means the city administrator of Tehachapi, or his duly authorized agent.

20. "Conduct" or "conducting" means the conducting, engaging in, carrying on, operating or managing of, or causing to be conducted, engaged in, operated, managed or carried on, any business, or the maintaining of such business as owner thereof, or agent of the owner.

21. "Charitable solicitation" means as follows:

a. "Charitable" means and includes the words philanthropic, noncommercial athletic, social service, religious, memorial, fraternal, benevolent, patriotic, civic, eleemosynary and noncommercial youth service or character building.

b. "Contribution" means and includes the donation of food, clothing, money, subscription or property, and shall include donations under the guise of a loan of money or property.

c. "Solicitation" means a request directly or indirectly for money, credit, property, financial assistance or other thing of value on the plea or representation that it will be used for a charitable or religious purpose, as defined herein:

i. Any oral or written request;

ii. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement or publication;

iii. The making of an announcement to the press or over the radio, telephone, telegraph or television concerning or involving an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering which the public or any portion thereof is requested to attend or patronize, or to which the public, or any portion thereof, is requested to make a contribution for any charitable purpose or benefit connected therewith;

iv. The making of any sale, offer to sell, or attempt to see any advertisement, advertising space, book, card, change, coupon, device, magazine, membership, merchandise, subscription, ticket or thing whatsoever in connection with which any appeal is made for any charitable purpose, or where the name of any charitable or religious association is used or referred to in any such appeal as an inducement or reason for making of any such sale, or, when in connection with any such sale, offer to sell or attempt to sell, any statement is made that the whole or any part of the proceeds from any sale will go to, or be donated to, any charitable purpose or association. A "solicitation," as defined herein, shall be deemed completed when made, whether the person making such solicitation received any contribution or makes any sale herein referred to.

22. "Fortunetellers" means persons who profess to foretell events in other people's lives.

a. "Clairvoyant" means a person who professes to have the ability to perceive things that are not in sight or cannot be seen.

b. "Necromancer" means a person who professes to have the ability to foretell the future through alleged communication with the dead.

c. "Palmist" means a person who professes to possess the ability of telling a person's character or fortune by the lines or marks on his hands.

23. "Gambling" means the playing of a game for money or some other stake.

24. "Hookah" shall mean a water pipe made of metal or other material, usually decorated and shaped somewhat like a bottle or small tank, with a long flexible cord pipe also known as shisha, nargile, hubble bubble nay and turkish water pipe.

25. "Hookah lounge" means an area of a commercial or industrial establishments whether enclosed indoor or outdoor designated specifically for the use of hookahs.

26. "Junk" means any and all secondhand and used machinery and scrap iron, including automobiles, tools, implements or parts or portions thereof, and any and all secondhand and used furniture or other personal property or parts, or portions thereof, but shall not include livestock.

27. "Junk dealer, collector or yard" means any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, any person operating, carrying on, conducting or maintaining a junkyard or place where junk is gathered together and stored or kept for shipment, sale or transfer.

28. "Junkyard" means and includes any yard, plot, space, enclosure, building, or any other place where junk is collected, stored, gathered together and kept.

29. "Law" means all laws of the United States of America, the state of California, city ordinances, and administrative rules and regulations of any such agencies.

30. "Massage" means a method of procedures upon the external parts of the body, consisting of rubbing, stroking, kneading or tapping with the hand or any instrument.

31. "Massage establishment" means an establishment having a fixed place of business where any person conducts or permits to be conducted any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt, or any other kind or character of baths, where alcohol rub, fomentation, baths, manipulation of the body or similar procedures are given.

32. "Massage technician" means any person, male or female, who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath or electric massage procedure, manipulation of the body, or other similar procedure, in a massage establishment, health club, spa or in a private residence.

33. "Mobile arcade" means any arcade business without a fixed place of business in the city which maintains and/or operates one or more amusement machines available for use and play by the public generally or by patrons of such business, whether the business of mobile arcade is conducted as a single business or in conjunction with another business.

34. "Pawnbroker" means any person engaged in any one or more of the following businesses:

a. Pawnbroking;

b. Lending money for himself or any other person upon personal property, pawns or pledges in the possession of the lender;

c. Purchasing articles of personal property, and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.

"Pawnbroker" does not include any person referred to in the Business and Professions Code, Section 21050 or Section 21629.

35. "Peddler" means any person not having a fixed place of business in the city who, for himself or as an agent or representative for or of another, goes from house to house and place to place, or at or along the streets of the city offering to sell tangible objects or articles, goods, wares, merchandise, services, or liquids or edibles for human consumption and who delivers such objects, articles, goods, wares, merchandise or services, in person, to the individual placing order for the same, at the time such order is placed and paid for.

36. "Permittee" means any person who is required to have and possess a permit pursuant to this chapter, or his duly authorized agent, and, in cases where permittee is a corporation, each and every director and officer of such corporation.

37. "Person" means and includes natural person, corporation, company, firm, association, organization, partnership, joint venture, trust, business trust, syndicate, estate, receiver, social club, fraternal organization, any group or combination acting as a unit, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee, fiduciary, and officer, agent, employee and servant of any of the foregoing, but does not include the city of Tehachapi.

38. "Police department" means the police department of the city, the chief of police, or his duly authorized agent.

39. "Service of notice" means personal service, or the depositing of written notice in the United States mail, addressed to the applicant or permittee, with sufficient postage affixed thereto. Receipt of such notice is not required.

40. "Street and itinerant vendors" means and includes all persons, both principal and agent, who engage in a temporary or transient business in the city, selling goods, wares or merchandise, with the intention of continuing such business in the city for a period of not more than one hundred twenty days and who, for the purpose of carrying on such business, hire, lease or occupy any room, building or structure for the exhibition or sale of such goods, wares or merchandise.

41. "Swap meet" means any event which meets all of the following requirements:

a. The place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring identifiable, tangible personal property and exhibit it for sale or exchange;

b. A fee is charged, payable to the operator or organizer of the event, either in the form of a charge for general admission to the place or location where the event is held, or a charge for the privilege of exhibiting identifiable, tangible personal property at such event. The charge for exhibiting identifiable, tangible personal property may be a fixed amount, or a percentage of all sales made, or of the value of all property exchanged.

42. "Taxicab" means any automobile or motor-propelled vehicle offered for hire to members of the public for the transportation of passengers for a fare, and driven by a person other than its passenger, and at the direction of such passenger or person hiring the same, over the public streets of the city, irrespective of whether the operation of the vehicle extends beyond the boundaries of the city. "Taxicab" shall not include any vehicle under the jurisdiction of the State Public Utilities Commission, or owned or operated by any political subdivision of the state.

43. "Teenage nightclub or dance" means any business premises to which the teenage members of the public or of a private club are admitted, with or without charge, where entertainment is provided or conducted, or where dancing is participated in, or where such patrons provide their own amusement or entertainment. The provisions of this chapter shall not apply to dances held by charitable associations, or for charitable purposes, or for one occasion only, which are not conducted more often than once each month, nor to dances attended by written invitation, or to private dances, nor schools meeting requirements of the State Education Code.

44. "Teenage" or "teenager" means any person under the age of eighteen years.

(Ord. 94-05-624 § 1(part), 1994; Ord. 82-13-477 § 1(a), 1982; Ord. 73-O-388 § 2, 1973)

(Ord. No. 15-04-723, § 2, 3-16-2015)

The provisions of this chapter, insofar as they are substantially the same as existing provisions relating to the same subject, shall be construed as restatements and continuations and not as new enactments.

(Ord. 73-O-388 § 53, 1973)

Nothing contained in this chapter shall be construed as requiring a permit or the payment of a fee for the doing of any act which would constitute an unlawful burden upon or unlawful interference with interstate or foreign commerce, or which would be in violation of the Constitution of the United States of America, or the laws of the state of California.

(Ord. 73-O-388 § 44, 1973)

Where state or federal law prohibits the regulation by the city of any business or activity for which a permit is required, such permit shall be issued by the police department if application has been filed by applicant.

(Ord. 73-O-388 § 45, 1973)

The city building permit inspector and all police officers are appointed inspectors of permits, and such inspectors are authorized to examine all places of business and all persons required to obtain a permit for the purpose of ascertaining whether same has been obtained and whether same is exhibited, and for such purposes such inspectors are authorized to enter places of business within the city at any reasonable time.

(Ord. 73-O-388 § 43, 1973)

(Ord. No. 09-02-701, § 1(k), 9-8-2009)