Vista Municipal Code § 5.04 Business Licenses Generally

Medical Cannabis Dispensaries Authorized Under Chapter 5.94, Cannabis Delivery Services Authorized Under Chapter 5.96, and Cannabis Testing, Distribution, and Manufacturing Facilities Authorized Under Chapter 5.98 Article II 5.04.149A Administration

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Section 5.04.000A Article I. General Provisions

Section 5.04.010 Title

This chapter is known as the “Business License Ordinance” and may be cited as such.

Prior Code 16-1.1.0; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.020 Definitions

Whenever the following words are used in this chapter, they shall have the meaning

ascribed to them in this section: Arcade” means any place having five or more coin-operated or slug-operated machines, or five or more of any type of amusement or entertainment machine for which payment is necessary for operation, not including merchandise vending machines. Business” means professions, trades and occupations, and all and every kind of calling whether or not carried on for profit. Cannabis- Related Business” means a business, group, collective, association, or other enterprise involving any one or more of the following: the provision, conveyance, distribution, delivery, dispatch, cultivation, sale ( whether wholesale or retail), storage, laboratory testing, labeling, processing, preparation, manufacture of medical or other cannabis. City” means the City of Vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. Collector” means the Director of Finance or other employee of the City designated by the City Manager. Employee” means an individual who works for a person and is subject to the direction, management and control of such person with respect to the manner and method of doing such work. Evidence that deductions for federal taxes are made from such individual’ s pay shall establish a rebuttable presumption that such individual is an employee. Gross receipts” means the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, or whatever nature it may be, for which a charge is made or credit allowed, whether or not such

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act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in “ gross receipts” are all receipts, cash, credits, and property of any kind or nature, without any deduction there from on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from “gross receipts” are the following: 1. Cash discounts allowed and taken on sales. 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold. 3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser. 4. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit. 5. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee furnishes the collector, upon request, with the names and addresses of such others and the amount paid to them. 6. Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded. 7. As to a real estate or other agent or broker, the sales price of real estate or other property sold for the account of others, except that portion which represents commission or other income to the agent or broker. 8. As to a retail gasoline dealer, a portion of his receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the State of California. 9. Reimbursement for advances previously made on behalf of the payor. 10. As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code if paid by the dealer or collected by him from the consumer or purchaser. Intercity Business” means business being transacted or carried on in the city by a person whose gross receipts attributable to business in the city does not exceed 75 percent of the person’ s total gross receipts. Itinerant Merchant” means any person or agent, who engages in a temporary and transient business in the city, selling or attempting to sell any article, commodity, game, amusement device or service and who for the purpose of carrying on such business has no fixed place of business, or hires, leases or occupies any room, building or structure for the exhibition or sale of such commodities or service of any class or character, or from which room, building or structure the sales are to be made or business solicited by means of samples or delivery from house to house. Any such person so engaged shall not be relieved from the provisions of this chapter by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such temporary or transient business in connection with, or as a part of, or in the name of any local dealer, merchant or auctioneer. Peddler” or “ Solicitor” means any person not having a regular established place of business within the city, who goes from house to house, place to place, or person to person within the city, soliciting, offering for sale or selling any goods, wares, services, advertising or merchandise of any nature. Person” means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business or common law trusts, societies, and individuals transacting and carrying on any business in the city, other than

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as an employee. Sale” means the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying, or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law. Sworn Statement” means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury within the State of California. Tax Period” means, with respect to any business subject to an annual license tax due and payable on July 1, from July 1 of any year to and including June 30 of the next successive year. With respect to any business subject to an annual license tax due and payable on October 1, from October 1 of any year to and including September 30 of the next successive year. Any business subject to the daily license tax, the tax period shall be each from 12:01 a.m. to and including 12:00 midnight of the same day. Prior Code 16-1.1.1- 16.1.1.65; Ord. No. 75-58, Amended 12/22/75; Ord. No. 92-1, Amended, 2/11/92; Ord. No. 2010- 6, Amended, 5/11/10; Ord. No. 2011- 8, Amended, 10/25/11; Ord. No. 2018- 18, Amended, 12/11/18)

Section 5.04.030 Purpose

This chapter is enacted solely to raise revenue for municipal purposes, and is not

intended for regulations. Prior Code 16-1.2.1; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.040 Effect of Other Provisions

A. Persons required to pay a license tax under this chapter shall not be relieved

from the payment of any license tax for the privilege of doing such business required under any other chapter of this code or other ordinance of the City, and shall remain subject to the regulatory provisions of other such chapters and ordinances. B. Whenever there is a conflict between provisions of this chapter and the provisions of a special ordinance regulating a particular business, trade or profession, the special ordinance regulating such business shall prevail. Prior Code 16-1.2.2; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.050 License and Tax Payment Required

A. There are, imposed upon the businesses, trades, professions, callings and occupations specified in this chapter, license taxes in the amounts prescribed in this chapter. It is unlawful for any person to transact or carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the City to do so and paying the tax prescribed, and without complying with any and all applicable provisions of this chapter. B. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the State of California. Persons not so required to obtain a license prior to doing business within the city nevertheless shall be liable for payment of the tax imposed by this chapter. Prior Code 16-1.2.3; Ord. No. 75-58, Amended 12/22/75)

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Section 5.04.060 Branch Establishments

A separate license must be obtained for each branch establishment or location of the

business transacted and carried on, and for each separate type of business at the same location with respect to which different license tax rates apply pursuant to this chapter, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location and in the manner designated in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided further, that any person conducting two or more types of businesses at the same location and under the same management, or two or more businesses or types of businesses at different locations, but which businesses use a single set or integrated set of books and records, may, at such person’ s option, obtain only one license and pay only one tax calculated on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts. In any event, a license fee of three dollars for each additional branch or location shall be paid upon issuance. Prior Code 16-1.2.4; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.070 Evidence of Doing Business

When any person by use of signs, circulars, cards, letterheads, telephone book, radio, television or newspapers, advertises, holds out, or represents that he is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the city, and such person in either case fails to deny by a sworn statement given to the collector that he is not conducting a business in the city after being requested to do so by the collector, such facts shall be considered prima facie evidence that he is conducting a business in the city. Prior Code 16-1.2.5; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.080 Constitutional Apportionment

A. None of the license taxes provided for by this chapter 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 Constitutions of the United States and the State of California. B. In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, he may apply to the collector for an adjustment of the tax. Such application may be made before, at or within six months after payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show the method of business and the gross volume or estimated gross volume of business and such other information as the collector may reasonably deem necessary in order to determine the extent, if any, of such undue burden or violation. Such other information shall include: 1. Name and location of the company or firm for which orders are to be solicited. 2. The kind of goods, wares or merchandise to be delivered and the place from which the same are to be shipped or forwarded. 3. The name and address of the local or state manager. 4. The method of solicitation or taking orders and the method of delivery. 5. The location of any warehouse, factory or plant within the state from which goods are to be delivered.

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6. Copy of order blank, contract form or other papers used by the applicant

in taking orders. C. The collector shall then conduct an investigation, and, after having first obtained the written approval of the City Attorney, shall fix as the license tax for the applicant an amount that is reasonable and nondiscriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this chapter. Should the collector determine the gross receipts measure of the license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant’ s business in the city, or at the end of each three- month period, a sworn statement of the gross receipts and pay the amount of license tax therefore, provided that no additional license tax during any one tax period shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this chapter. Prior Code 16-1.2.6; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.090 Exemptions - Generally

A. Nothing in this chapter shall be deemed or construed to apply to any person

transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of statutes of the State of California, or of ordinances of the City, from the payment of such taxes as are prescribed in this chapter. B. Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this chapter. C. The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the City of the license tax required by this chapter. D. The collector, after giving notice and a reasonable opportunity for hearing before the collector to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided in this chapter. E. Vendors participating in qualifying special events or park events approved pursuant to Chapters 12.12 and 12.13 of the Vista Municipal Code may be relieved of the obligation to obtain a business license on the terms and conditions of a resolution adopted by the City Council. Prior Code 16-1.2.7; Ord. No. 75-58, Amended 12/22/75; Ord. No. 2005-18, Amended, 8/23/05; Ord. No. 2006-4, Amended, 5/23/06) Section 5.04.100 Exemptions - Charitable Nonprofit Organizations

A. There is specifically exempt from the payment of any license tax provided for in

this chapter any person, institution or organization which: 1. Conducts, manages or carries on any business, occupation or activity wholly for the benefit of charitable or eleemosynary purposes and from which a profit is not derived, either directly or indirectly, by any individual. 2. Conducts within the city any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of any such

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entertainment, concert, exhibition or lecture are to be appropriated to any church, school or religious or benevolent purpose. 3. Conducts any entertainment, concert, exhibition or lecture and such person, institution or organization is a religious, charitable, eleemosynary, fraternal, educational, military, state, county or municipal organization or association and the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual. B. In the event any person, institution or organization set forth in Subsection A of this section merely sponsors such entertainment, concert, exhibition, lecture or other event, and only a portion of the receipts from the same are to be appropriated to, or a definite sum is payable to the person, institution or organization sponsoring such undertaking, the person staging such entertainment, concert, exhibition, lecture or other event purportedly for such sponsoring organization shall pay a tax prescribed in this chapter, but shall be entitled to a proportionate refund equal to the proportion which the amount paid to such sponsoring organization bears to the total gross receipts from such undertaking. A sworn statement of the amount received by the sponsoring organization and of the total gross receipts shall be made in writing by such person and by an official of the sponsoring organization. Prior Code 16-1.2.71; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.110 Exemptions - Disabled Veterans

Any disabled veteran having honorable discharge papers showing disability incurred while in service in the armed forces of the United States who is unable to earn a livelihood by manual labor, who is a qualified elector of this city at the time of the application for a license and who shall have been a bona fide resident of this city for 30 days immediately preceding the date on which application for such license is made shall be exempt from the license tax provisions of this chapter. Prior Code 16-1.2.72; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.120 Exemptions - Certain Public Utilities

There is specifically exempt from the payment of any license tax provided for in this

chapter any person who provides goods, wares, merchandise or services to the public, and who pays the City a franchise or other fee for use of the City’s streets in so providing such goods, wares, merchandise or services. Prior Code 16-1.2.8; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.130 License Does Not Permit Business Otherwise Prohibited

The payment of a license tax required by the provisions of this chapter, and its

acceptance by the City and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless the person has complied with all the requirements of this code and all other applicable laws, and shall not entitle the holder to carry on any business in any building or on any premises designated in such license in the event such building or premises are situated in a zone, or locality, in which the conduct of such business is in violation of any law. Prior Code 16-1.2.9; Ord. No. 75-58, Amended 12/22/75)

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Section 5.04.140 Legal Impediments

Whenever it reasonably appears to the collector that an application for a business

license involves a proposed business activity with respect to which other permit or licensing requirements are applicable under local, state or federal laws, ordinances or regulations, before such business activity could lawfully be conducted in the city or at the particular location proposed, the collector shall so inform the applicant, and ascertain whether, in view of such circumstances the applicant desires to withdraw the application pending removal of the legal impediments. In the event the applicant nonetheless insists upon submitting the application, the collector shall accept the proffered tax payment, and issue a receipt therefore which shall contain language clearly stating that such receipt is not to be deemed in any way an official sanction for the conducting of the proposed business. Prior Code 16-1.2.10; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.145 Prohibition on Licenses for Cannabis- Related Businesses Except for Medical Cannabis Dispensaries Authorized Under Chapter 5.94, Cannabis Delivery Services Authorized Under Chapter 5.96, and Cannabis Testing, Distribution, and Manufacturing Facilities Authorized Under Chapter 5.98

A. All forms of cannabis- related businesses in the City of Vista are prohibited except

for medical cannabis dispensaries described in paragraph C, and entitled to receive licenses pursuant to Chapter 5.94, cannabis delivery services described in paragraph D, and entitled to receive licenses pursuant to Chapter 5.96, and cannabis testing, distribution, and manufacturing facilities described in paragraph E, and entitled to receive licenses pursuant to Chapter 5.98. B. Except for licenses issued to cannabis- related businesses as provided in paragraphs C through E, no business or other type of license may be issued to a cannabis- related business of any sort. C. When an applicant for a medical cannabis dispensary establishes that all requirements have been met for issuance of a license that are contained in Chapter 5.94 and State law, the City will issue a license for the medical cannabis business pursuant to this Chapter. D. When an applicant for cannabis delivery services establishes that all requirements have been met for issuance of a license that are contained in Chapter 5.96 and State law, the City will issue a license for the cannabis delivery services pursuant to this Chapter. E. When an applicant for cannabis testing, distribution, and manufacturing facilities establishes that all requirements have been met for issuance of a license that are contained in Chapter 5.98 and State law, the City will issue a license for the cannabis testing, distribution, and manufacturing facilities pursuant to this Chapter. Ord. No. 2018-18, Added 12/11/18; Ord. No. 2020-05, Amended 4/28/20)

Section 5.04.149A Article II. Administration

Section 5.04.150 Application - First License

A. Upon a person making application for the first license to be issued under the

provisions of this chapter or for a newly established business, such person shall furnish to the collector a sworn statement, upon a form provided by the collector, setting forth the following information: 1. The exact nature or kind of business for which a license is requested.

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2. The place where such business is to be carried on, and if the same is not

to be carried on at any permanent place of business, the places of residences of the owners of same. 3. In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning said business.

4. In the event that the application is made for the issuance of a license to a

corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof. 5. In all cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be therein required and as may be reasonably necessary to determine the amount of the license tax to be paid by the applicant. 6. Any further information which the collector may reasonably require to enable him to issue the type of license applied for.

B. If the amount of the license tax to be paid by the applicant is measured by gross

receipts, he shall estimate the gross receipts for the tax period to be covered by the license to be issued. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within 30 days after the expiration of the tax period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the tax period of such license, and the license tax for such tax period shall be finally ascertained by the collector after deducting from the payment found to be due, the amount paid at the time such license was issued, and paid within 30 days after such ascertainment. Prior Code 16-2.1.1; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.160 Renewal License

A. The applicant for renewal of a license shall submit to the collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth the actual amount of gross receipts for the entirety of the calendar year next preceding the tax period to be covered by the renewal license if the amount of tax to be paid is measured by gross receipts, and further, such information concerning the applicant’ s business during such next preceding calendar year as may be reasonably required by the collector to assist him to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this chapter. B. If the amount of tax to be paid by the business for which application for renewal of a license is being made is measured by gross receipts and said business has not been carried on for the entirety of the calendar year next preceding the tax period to be covered by the renewal license, the applicant shall submit an estimate of the gross receipts of the business pursuant to Section 5.04.150 and the procedure set forth in the Subsection B of said section shall be applicable. Prior Code 16-2.1.2; Ord. No. 75-58, Amended 12/22/75)

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Section 5.04.170 Misrepresentation

No person shall misrepresent to any officer or employee of the City any material fact in

procuring any license provided for in this code. Prior Code 16-2.1.3; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.180 Statements and Records

A. No statements shall be conclusive as to the matters set forth therein, nor shall

the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable under the provisions of this chapter. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his deputies, or authorized employees of the City, who are authorized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be reasonably necessary to verify or ascertain the amount of license tax due. In the event that it is necessary for the collector to examine, audit or inspect the books or records of any licensee, the licensee shall pay all costs of such examination, audit or inspection. B. All persons subject to the provisions of this chapter shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least three years. No person required to keep records under this section shall refuse to allow reasonable requests of authorized representatives of the collector to examine said records at reasonable times and places. Prior Code 16-2.1.4; Ord. No. 75-58, Amended 12/22/75; Ord. No. 79-38, Amended 9/10/79)

Section 5.04.190 Information Confidential

A. It is unlawful for the collector or any person having any 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 obtain a license, or pay a license tax, 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 or either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided that 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 taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting taxes imposed by this code.

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, 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 taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City. 4. The disclosure after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees

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and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this paragraph when in his reasonable opinion the public interest would suffer thereby. 5. The disclosure of the names and addresses of persons to whom licenses 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 reasonably necessary to the City Council in order to permit it to be fully advised as to the facts: a. Which are relevant to any appeal. b. When a taxpayer files a claim for refund of license taxes. c. Submits an offer of compromise with regard to a claim asserted against him by the City for license taxes. d. When acting upon any other matter within the scope of the powers of the City Council. 7. The disclosure of general statistics regarding taxes collected or business done in the city. Prior Code 16-2.1.5; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.200 Failure to File Statement or Corrected Statement

A. If any person fails to file any required statement within the time prescribed, or if

after reasonable demand therefore made by the collector he fails to file a corrected statement, or if any person subject to the tax imposed by this chapter fails to apply for a license, the collector may make a reasonable determination of the amount of license tax due from such person by means of such information as he may be able to obtain. B. If the collector is not satisfied with the information supplied in statements or applications filed, he may make a reasonable determination of the amount of any license tax due by means of any information he may be able to obtain. C. If such a determination is made, the collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Vista, California, postage prepaid, addressed to the person so assessed at his last known address. Prior Code 16-2.1.6; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.210 Appeal

Except as provided under section 5.04.410, any person aggrieved by any decision of the collector made pursuant to this chapter may appeal such decision to the City Manager by filing a written notice of appeal with the City Clerk within 30 days after notice of said decision has been given by the collector. The City Manager shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Vista, California, postage prepaid, addressed to such person at his last known address. The City Manager shall have authority to determine all questions raised on such appeal. The City Manager shall consider all evidence produced, shall make findings thereon and shall render a decision. Such decision shall be final and conclusive. No such decision shall conflict with any substantive provisions of this chapter. Prior Code 16-2.1.7; Ord. No. 75-58, Amended 12/22/75; Ord. No. 92-1, Amended, 2/11/92; Ord. No. 2011- 8, Amended, 10/25/11)

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Section 5.04.220 Additional Power of Collector

In addition to all other powers conferred upon him, the collector has the power, for good

cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued. Prior Code 16-2.1.8; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.229A Article III. Licenses

Section 5.04.230 Contents of License

A. Every person required to have a license under the provisions of this chapter shall make application, as prescribed in this chapter for the same, to the collector of the City, and upon the payment of the prescribed license tax the collector shall issue to such person a license which shall contain the following information: 1. The name of the business licensed. 2. The place where such business is to be transacted and carried on. 3. The date of the expiration of such license. 4. Such other information as may be necessary for the enforcement of the provisions of this chapter. B. Whenever the tax imposed under the provisions of this chapter is measured by the number of vehicles, devices, machines or other pieces of equipment used, or whenever the license tax is measured by the gross receipts from the operation of such items, the collector shall issue only one license; provided, that he may issue for each tax period for which the license tax has been paid one identification sticker, tag, plate or symbol for each item included in the measure of the tax or used in a business where the tax is measured by the gross receipts from such items. Prior Code 16-2.2.1; Ord. No. 75-58, Amended 12/22/75) Section 5.04.240 License Nontransferable - Changed Location and Ownership No license issued pursuant to this chapter is transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefore, have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved; provided, further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, is not prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships or other persons holding an interest in a corporation or other entity defined in this chapter to be a person are regarded as having the real or ultimate ownership of such corporation or other entity. Prior Code 16-2.2.2; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.250 Duplicate License

A duplicate license may be issued by the collector to replace any license previously

issued under the provisions of this chapter which has been lost or destroyed upon the licensee filing a sworn statement of such fact, and at the time of filing such statement paying to the collector a duplicate license fee of $3.00. Prior Code 16-2.2.3; Ord. No. 75-58, Amended 12/22/75)

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Section 5.04.260 Posting and Keeping Licenses

A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on. B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting and carrying on the business for which it is issued. C. Whenever identifying stickers, tags, plates or symbols have been issued for each vehicle, device, machine or other piece of equipment included in the measure of a license tax, the person to whom such stickers, tags, plates or symbols have been issued shall keep firmly affixed upon each vehicle, device, machine or piece of equipment the identifying sticker, tag, plate or symbol which has been issued therefore at such locations as are designated by the collector. Such sticker, tag, plate or symbol shall not be removed from any vehicle, device, machine or piece of equipment kept in use during the period for which the sticker, tag, plate or symbol is issued. D. No person shall fail to affix as required in this section any identifying sticker, tag, plate or symbol to the vehicle, device, machine or piece of equipment for which it has been issued at the location designated by the collector, and no person shall give away, sell or transfer such identifying sticker, tag, plate or symbol to another person, or permit its use by another person. Prior Code 16-2.2.4; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.270 License Tax - How and When Payable

A. Unless otherwise provided in Subsection B below or elsewhere in this code, all annual license taxes, under the provisions of this chapter, are due and payable in advance on the first day of business and thereafter on the first day of October each year; provided that annual license taxes covering new operations other than those for which the measure of the tax is gross receipts, commenced after the first day of October of any year, may be prorated for the balance of the tax period. Prorations shall be made on the basis of 30-day months and 365-day years. B. The business license taxes for the businesses listed below are due and payable in advance on the first day of business and thereafter on the first day of July of each year, provided that annual license taxes covering new operations other than those for which the measure of tax is gross receipts, commence after the first day of July on any year, may be prorated for the balance of the tax period. Prorations shall be make on the basis of 30-day months and 365-day years. The businesses are: 1. Ice Cream Vendors ( Chapter 5.52) 2. Food Vending Vehicles ( Chapter 8.24) 3. Private Ambulance Services ( Chapter 8.70) 4. Establishments Offering Live Entertainment ( Chapter 5.24) 5. Central Business Improvement District ( Chapter 3.52) 6. Massage Establishments and Massage Therapists ( Chapter 5.56) 7. Tobacco Retail Licenses ( Chapter 3.56) C. Daily License taxes are payable each day in advance. Prior Code 16-2.3.1; Ord. No. 75-58, Amended 12/22/75; Ord. No. 2010-6, Amended 5/11/10; Ord. No. 2020-7, Amended 5/26/20; Ord. No. 2020-11, Amended 8/25/20 and 4/1/21)

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Section 5.04.280 Delinquent Taxes - Penalties

A. For failure to pay a license tax when due, the license collector shall add a 20 percent penalty to the cost of said license tax on the last day of the month after the due date thereof, and if not paid within 60 days from the due date of the license tax, an additional 25 percent penalty shall be added. If, after 30 days the license tax is still unpaid, a final notice will be mailed to the licensee advising that if not paid within ten days of receipt of notice, the amount of license tax and penalty imposed shall be deemed a debt due the City and subject to enforcement as provided by Section 5.04.440. B. No license or sticker, tag, plate, or symbol shall be issued, nor one which has been suspended or revoked shall be reinstated or reissued, to any person, who at the time of applying therefore is indebted to the City for any delinquent taxes, unless such person, with the consent of the collector, enters into a written agreement with the City, through the collector, to pay such delinquent taxes and accrued penalties, plus ten percent simple annual interest, compounded monthly, upon the unpaid balance, in monthly installments or oftener, extending over a period not to exceed one year. C. In any agreement so entered upon, such person shall acknowledge the obligation owed to the City and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable at the option of the City and that his current license shall be revocable by the collector upon 30 days’ notice. In the event legal action is brought by the City to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the City or its assignee, including a reasonable attorney’ s fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided above in this section, but no penalties shall accrue on account of taxes included in the agreement, after the execution of the agreement, provided the payment of the first installment is made, and during such time as such person is not in breach of the agreement. Prior Code 16-2.3.2; Ord. No. 75-58, Amended 12/22/75; Ord. No. 78-64, Amended 12/6/78; Ord. No. 2020- 11, Amended 8/25/20 and 4/1/21)

Section 5.04.290 Refunds of Overpayments

Except as otherwise required by law, no refund of an overpayment of taxes imposed by this chapter is allowed in whole or in part unless a claim for refund is filed with the collector within one year after the alleged overpayment was made. All such claims for refund must be filed with the collector on forms furnished by the collector and in the manner prescribed by the collector. Such claim shall be verified or made under penalty of perjury and shall describe in detail such overpayment and the computation of the over payment. After the filing of such a claim and upon a determination that an overpayment has been made, the collector shall refund the amount overpaid. Prior Code 16-2.3.3; Ord. No. 75-58, Amended 12/22/75; Ord. No. 2002-14, Amended 5/9/02)

Section 5.04.299A Article IV. License Taxes Section 5.04.300 Gross Receipts - Generally Every person who transacts or carries on any business from a fixed place of business in the city, other than those businesses enumerated in Sections 5.04.310 and 5.04.320, shall pay an annual license tax based upon gross receipts equal to $ 15.00 per year or fractional part thereof for the first $15,000.00 or less of gross receipts, plus: 0.001 per year for each dollar of gross receipts in excess of $ 15,000.00 and not exceeding $ 20,000.00; plus

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0.0009 per year for each dollar of gross receipts in excess of $ 20,000.00 and not

exceeding $ 30,000.00; plus 0.0008 per year for each dollar of gross receipts in excess of $ 30,000.00 and not exceeding $ 60,000.00; plus 0.0007 per year for each dollar of gross receipts in excess of $ 60,000.00 and not exceeding $ 200,000.00; plus 0.0006 per year for each dollar of gross receipts in excess of $ 200,000.00 and not exceeding $ 300,000.00; plus 0.0005 per year for each dollar of gross receipts in excess of $ 300,000.00 and not exceeding $ 600,000.00; plus 0.0004 per year for each dollar of gross receipts in excess of $ 600,000.00 and not exceeding $ 1,500,000.00; plus 0.0003 per year for each dollar of gross receipts in excess of $ 1,500,000.00 and not exceeding $ 2,000,000.00; plus 0.0002 per year for each dollar of gross receipts in excess of $2,000,000.00. Prior Code 16-3.1.1; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.310 Gross Receipts - Wholesalers, Jobbers, Manufacturers

Every person who transacts or carries on a business as a wholesaler, jobber, or manufacturer, or as the agent of a wholesaler, jobber, or manufacturer from a fixed place of business in the city shall pay an annual license tax based upon gross receipts equal to $15.00 per year or fractional part thereof, for the first $15,000 or less of gross receipts plus: 0.0005 per year for each dollar of gross receipts in excess of $ 15,000.00 and not exceeding $ 100,000.00; plus 0.00025 per year for each dollar of gross receipts in excess of $ 100,000.00 and not exceeding $ 200,000.00; plus 0.0001 per year for each dollar of gross receipts in excess of $200,000.00. Prior Code 16-3.1.2; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.320 Flat Rate

Every person who transacts or carries on a business enumerated in this chapter from a

fixed place of business in the city shall pay a license tax as follows:

A. Annual Tax: Amount of Type of Business Annual Tax Apartment houses and apartment hotels, having three or more rental units, per rental unit $ 2.50 Arcades: Up to 50 machines 260.00 Each additional machine 2.00 Auctioneers: Class A 50.00 Class C 50.00 Auto courts, motels or bungalow courts, having three or more rental units, per rental unit 2.50 Billboards: Up to five boards 110.00 Each additional board 40.00 Billiard room and poolroom:

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First table 30.00 Each additional table 15.00 Boardinghouse: Serving three to 15 persons 15.00 Serving over 15 persons 25.00 Cabaret: Class A 100.00 Class B 75.00 Class C 50.00 Class D 37.50 Dances, teenage: Class A 15.00 Dance halls, public: Class A 30.00 Class B 25.00 Class C 20.00 Class D 15.00 Solicitations by telephone 100.00 Motels, per rental unit 2.50 Solicitors, peddlers and itinerant merchants 50.00 Taxicab service 50.00 For each taxicab 5.00 Trailer park, trailer court or mobile home park: For each trailer or mobile home space 5.00

B. Daily license tax:
Auctioneers:
Class B 10.00
Dances, nonprofit service organizations 1.00

Dances, teenage:
Class B 5.00

Type of Business Annual Tax
Distributor of handbills, dodgers, posters, pamphlets or 5.00

other advertisements of any kind, advertising a business not licensed by the City. Street ballyhoo or advertising by means of any vehicle or airplane containing amplifiers, phonographs, loudspeakers, music rolls, microphones, broadcasting, radio, public address system, music of any description, operating upon the public streets or public grounds of the City. 50.00 Theatrical road shows or athletic or musical performances, vaudeville or other transient entertainment, except when presented in a licensed motion picture or other theater. 10.00 Prior Code 16-3.1.3; Ord. No. 75-58, Amended 12/22/75; Ord. No. 78-64, Amended 12/6/78)

Section 5.04.330 Retail Operation by Vehicle

A. Every person not having a fixed place of business in the city who transacts or

carries on any of the following described retail or service businesses or occupations utilizing vehicles therein shall pay an annual license tax for the first vehicle so utilized in the amount

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specified below:

Bread and bakers supplies $ 80.00
Concrete or road mix 100.00
Dairy or ice cream 80.00
Dry cleaning 100.00
Laundry 100.00
Linen service 20.00
Meat distributor 80.00
Petroleum products ( home delivery) 20.00
Retail bottled water supply 80.00
Retail ice supply 80.00
Rock and sand 100.00
Transfer or delivery service 20.00
Water softener service 100.00
Any other vehicular retail or service business not herein specified 40.00

For each additional vehicle so utilized, the annual license tax shall be 60 percent

of the tax for the first vehicle. B. Every such person may elect upon application for a license or renewal to pay a license tax in lieu of the tax specified in Subsection A of this section, in the amount payable pursuant to Section 5.04.300 measured by gross receipts attributable to business done in the city. Prior Code 16-3.1.4; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.340 Wholesale Delivery by Vehicle

Every person not having a fixed place of business in the city who transacts or carries on any business of selling or delivering goods, wares or merchandise at wholesale to any person in the city, shall pay an annual license tax equal to $ 20.00 for the first vehicle so utilized, plus 12.00 for each additional vehicle so utilized, provided that any such person may elect upon application for a license or renewal to pay a license tax in lieu thereof in the amount payable pursuant to Section 5.04.310 measured by gross receipts attributable to business done in the city. Prior Code 16-3.1.5; Ord. No. 75-58, Amended 12/22/75) Section 5.04.350 Interpretation A. As used in Sections 5.04.330 and 5.04.340, the term “ each additional vehicle” shall not be construed to mean each separate vehicle; but the measure of the tax imposed by such sections for additional vehicles shall be the average number of additional vehicles used in the business in the city. B. The provisions of Sections 5.04.330 and 5.04.340 are not to be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distinguishing between those businesses maintaining a fixed place of business and those in the conduct of which vehicles are used but do not have a fixed place of business in the city. Prior Code 16-3.1.6; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.360 Other Outside Business

Every person not having a fixed place of business in the city who transacts or carries on

business in the city and is not otherwise subject to a license tax imposed by any of the other

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sections of this Article IV, shall pay a license tax in the amount prescribed in this article for persons engaged in the same type of business from and having a fixed place of business in the city. Prior Code 16-3.1.7; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.370 Intercity Business

Any person who is engaged in intercity business may receive a refund, following the end

of any tax period, of a portion of the license tax previously paid for such period, if such tax was based on the gross receipts of the entire business including receipts attributable to business outside of the city, by filing written application therefore with the collector. Such refund shall be equal to total license tax previously paid for such period multiplied by the percentage of the gross receipts of the person attributable to business done outside of the city. Such application must be accompanied by a sworn statement of the licensee stating his total gross receipts, his gross receipts attributable to business done in the city and his gross receipts attributable to business done outside of the city, and any other information the collector may reasonably request in order to make the determination required pursuant to this section. Prior Code 16-3.1.8; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.380 Vending Machine Business

Every person whose business is limited exclusively to renting, leasing or operating coin- operated merchandise vending machines, dispensing tangible personal property such as cigarettes, candy and soft drinks, shall pay a license tax based upon the annual gross receipts directly attributable to renting, leasing or operating such machines within the city. Prior Code 16-3.1.9; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.390 Measure of Tax

A. With respect to those businesses as to which the amount of tax to be paid is

measured by gross receipts, the gross receipts which are the measure of the tax are those received during the tax period to be covered by the license to be issued. However, since such receipts are not known when the tax is due, the amount of such tax to be paid on the due date shall be based on the gross receipts of the business received during the calendar year next preceding such tax period if the business was carried on during the entirety of such next preceding calendar year, and otherwise shall be based on an estimate of the gross receipts for the tax period provided for in Section 5.04.150. B. If the amount of tax paid was based on the gross receipts for such next preceding calendar year, the person making such payment may apply to the collector for a refund pursuant to Section 5.04.290 if the gross receipts for such calendar year were more than the actual gross receipts received during the tax period. C. If the amount of tax paid was based on an estimate of gross receipts, the procedure for final ascertainment of the correct amount of the tax and the collection of any underpayment provided in Section 5.04.150 shall be applicable; provided, however, that if such final ascertainment results in the licensee being entitled to a refund, the procedure for application, determination and payment provided in Section 5.04.290 shall be applicable. Prior Code 16.3.1.10; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.400 Gasoline Sales

Prior Code 16-3.1.11; Ord. No. 75-58, Amended 12/22/75; Ord. No. 92-1, Repealed, 2/11/92)

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Section 5.04.409A Article V. Enforcement

Section 5.04.410 Reclassification

A. In any case where a licensee or an applicant for a license believes that his individual business is not assigned to the proper classification under Article IV because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply to the collector for reclassification. Such application shall contain such information as the collector may reasonably deem necessary and require in order to determine whether the applicant’ s individual business is properly classified. The collector shall then conduct an investigation following which he shall assign the applicant’ s individual business to the classification shown to be proper on the basis of such investigation. The proper classification is that classification which most nearly fits the applicant’ s individual business. The reclassification shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant’ s tax. No business shall be classified more than once in any one tax period. B. The collector 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 in the United States Post Office at Vista, California, postage prepaid, addressed to the applicant at his last known address. Such applicant may, within 15 days after the mailing or serving of such notice, make written request to the City Clerk for a hearing before the City Manager of his application for reclassification. If such request is made within the time prescribed, the City Manager shall thereupon fix a time and place of hearing application for reclassification. The City Clerk shall give the applicant at least ten days’ notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken on the application for reclassification. The City Manager shall consider all evidence adduced and his or her findings and decision thereon shall be final. Written notice of such findings and decision shall be served upon the applicant in the manner prescribed above for service of notice of the action taken on the application for reclassification. Prior Code 16-3.2.1; Ord. No. 75-58, Amended 12/22/75; Ord. No. 2011-8, Amended, 10/25/11)

Section 5.04.420 Rules and Regulations

The collector may make reasonable rules and regulations not inconsistent with the

provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions of this chapter. Prior Code 16-3.2.2; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.430 Enforcement Generally

A. It is the duty of the collector, and he is authorized by ordinance, to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement of such provisions as may from time to time be required by the collector, the City Manager, or the City Council. B. The collector, in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, may examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with. C. The collector and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed in this chapter and request an exhibition of its license. Any

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person having such license theretofore issued, in his possession or under his control, who willfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. It is the duty of the collector and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions. Prior Code 16-3.2.3; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.440 License Tax a Debt

The amount of any license tax and penalty imposed by the provisions of this chapter are

deemed a debt due the City. Upon recommendation of the collector and the approval of the City Manager, such debt, when delinquent, may be assigned for collection, or an action may be commenced in the name of the City in any court of competent jurisdiction, including the small claims court, for the amount of any delinquent license tax and penalties. The debtor shall pay all costs of suit incurred by the City or its assignee, including reasonable attorney’ s fees. Prior Code 16-3.2.4; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.450 Enforcement - Subcontractors

As an aid in enforcement of the provisions of this chapter with respect to construction

contractors and subcontractors, at the time of applying for any building or grading permit or requesting final inspection of any construction project, the owner or contractor so applying or requesting shall furnish the collector a written list of the names and addresses of all contractors and subcontractors known at that time who will be or have been engaged in working on the project which is the subject of the applied- for permit or requested final inspection. Prior Code 16-3.2.5; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.460 Remedies Cumulative

All remedies prescribed under this chapter are cumulative and the use of one or more

remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. Prior Code 16-3.2.6; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.470 Effect of Mistakes

In no case shall any mistake of the collector or any deputy or assistant thereof, in stating

or collecting the amount of any tax prescribed in this chapter, prevent or prejudice any collection by the City of this amount actually due, together with costs of collection, including reasonable attorney’ s fees as fixed by court, nor shall any such mistake prevent or prejudice the prosecution of any person for the violation of any provision of this chapter. Prior Code 16-3.2.7; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.480 Effect of Chapter on Past Actions - Unexpired Licenses

Neither the adoption of this chapter nor its superseding of any portion of any other

ordinance of the City shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any

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ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. Where a license for revenue purposes has been issued to any person by the City and the tax paid for the business for which the license has been issued under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for said business by the ordinance codified in this chapter shall not be payable until the expiration of the term of such unexpired license. Prior Code 16-3.2.8; Ord. No. 75-58, Amended 12/22/75)

Section 5.04.490 Violation - Penalty

Any person violating any of the provisions of this chapter or knowingly or intentionally

misrepresenting to any officer or employee of this City any material fact in procuring the license or permit provided for in this chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable according to the provisions of Section 1.16.010 of this code. Prior Code 16-3.2.9; Ord. No. 75-58, Amended 12/22/75)

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Chapter 5. 08

Alcoholic Beverage Control Regulations

Sections:

5. 8. 010 Purpose
6. 8. 020 Signs or Notices - Posting
7. 8. 030 Signs or Notices - Placement
8. 8. 040 Signs or Notices - Language
9. 8. 050 Consuming or Possessing Alcoholic Beverages in Public
10. 8. 060 Enforcement

Section 5. 08. 010 Purpose

The Surgeon General of the United States has advised women who are pregnant or considering pregnancy, not to drink alcoholic beverages. Research indicates that alcohol consumption during pregnancy, especially in the early months, can harm the fetus and result in birth defects including mental retardation, facial abnormalities, and other defects involving heart and bone structure. In order to serve the public health, safety and welfare, the purpose of this chapter is to educate the public by requiring warning signs to be placed at all locations where alcoholic beverages are sold to the public. Prior Code 12- 8; Ord. No. 87- 22, Amended 7/ 13/ 87)

Section 5. 08. 020 Signs or Notices - Posting

Any person or entity who owns, operates, manages, leases or rents premises offering

wine, beer or other alcoholic beverages for sale or dispensing for consideration to the public shall cause a sign or notice to be permanently posted or displayed on the premises as provided in this chapter. The sign or notice shall read as follows:

PREGNANCY AND ALCOHOL DO NOT MIX- DRINKING ALCOHOLIC
BEVERAGES, INCLUDING WINE AND BEER, DURING PREGNANCY CAN
CAUSE BIRTH DEFECTS.

Except as specified in Section 5. 08. 030, or in rules and regulations adopted by the

County Department of Health Services, a sign or notice as required in this section shall not be smaller than eight and one- half inches wide by five and one- half inches long, nor shall any lettering thereon be less than three-eighths inch in height. Prior Code 12- 9; Ord. No. 87- 22, Amended 7/ 13/ 87)

Section 5. 08. 030 Signs or Notices - Placement

A sign or notice required by Section 5. 08.020 shall be placed as follows:
A. Where the sale or dispensing of wine, beer or other alcoholic beverages to the

public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is conspicuously displayed so as to be readable at all points of purchase. B. Where the sale of wine, beer or other alcoholic beverages to the public is primarily intended for consumption on the premises, at least one sign shall be placed to assure that it is conspicuously displayed so as to be readable in each public restroom. Prior Code 12- 10; Ord. No. 87- 22, Amended 7/ 13/ 87)

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Section 5. 08. 040 Signs or Notices - Language

In the event a substantial number of the public patronizing a premises offering for sale or

dispensing wine, beer or other alcoholic beverages uses a language other than English as a primary language, an additional sign or notice, as is required by Section 5. 08. 020, shall be worded in the primary language or languages involved. Prior Code 12- 11; Ord. No. 87- 22, Amended 7/ 13/ 87)

Section 5. 08. 050 Consuming or Possessing Alcoholic Beverages in Public

A. No person shall consume or be in possession of any unsealed or open alcoholic

beverage in any public place, street, sidewalk, alley, highway, arcade, court or in any vehicle within 500 feet of any off-sale licensed public premises within the city. B. This section does not in any way prohibit the lawful use and/or possession of liquor within the premises of a properly licensed on- sale establishment. Prior Code 19- 7. 2; Ord. No. 87- 22, Amended 7/ 13/ 87)

Section 5. 08. 060 Enforcement

A. The City Manager, or such officer or officers as the City Manager designates,

along with such officer as designated by Chapter 4 of Division 1 of Title 6 of the San Diego County Code, are jointly responsible for the enforcement of compliance with this chapter, including any rules validly adopted for the implementation of this chapter. The County Department of Health Services has the authority to adopt reasonable rules and regulations for the implementation of this chapter, including rules and regulations for alternative signs and placement of required signs. B. The San Diego County Department of Health Services shall make warning signs available to vendors of alcoholic beverages. Persons or entities may, however, at their own expense, prepare and post signs meeting the requirements of this article. In no event shall the prescribed language of the warning sign be altered. Prior Code 12- 12; Ord. No. 87- 22, Amended 7/ 13/ 87)

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Chapter 5. 10

Alcoholic Beverages - Responsible Beverage Sales and Service

Sections:

5. 10. 010 Definitions
6. 10. 020 Responsible Beverage Service Training Required - Proof
7. 10. 030 Violation - Penalty

Section 5. 10. 010 Definitions

As used in this chapter, the following words and phrases have the meanings set forth in this section: A. " Alcoholic Beverage" shall have the same meaning as in the California Business and Professions Code, Section 23004, or any successor section. B. " Alcohol Outlet" means any physical location or structure from which any alcoholic beverage may be sold, delivered, or served at retail pursuant to a license granted by the California Department of Alcoholic Beverage Control. C. " Business Certificate" means a certificate or license authorizing a business to operate within the City of Vista, California. D. " Licensee" means any person or entity that has a license for the retail sale, delivery, or service of alcoholic beverages from the California Department of Alcoholic Beverage Control. E. " Manager" means the person, regardless of job title or description, who has discretionary powers to organize, direct, carry on, control, or direct the operation of an alcoholic outlet. F. " Server" means any person who, as part of his or her employment, sells, serves, or delivers any alcoholic beverage. G. " Patron" means a customer who purchases alcohol through a sale, service, or delivery. or " H. " Responsible Beverage Sales and Service Training" RBSS Training" means a training program conducted by the California Department of Alcoholic Beverage Control or by a RBSS Training Provider certified by the California Department of Alcoholic Beverage Control to train alcohol licensees, their managers and servers in responsible alcoholic beverage sales and service methods and practices. Ord. No. 2009- 21, Enacted, 11/ 10/ 09)

Section 5. 10. 020 Responsible Beverage Service Training Required - Proof

A. No alcohol outlet may serve, sell, or arrange delivery to a patron any alcoholic

beverages unless a manager, assistant manager, or lead employee who has completed a Responsible Beverage Service and Sales Training course is on the premises. B. No licensee, manager, or server shall sell, serve, or deliver to a patron any alcoholic beverage unless he or she has completed RBSS Training. However, licensees, their managers and servers shall have 90 days from the date of beginning of such activities or the effective dates of this chapter, whichever is later, to complete RBSS Training. Businesses existing as of the effective date of this ordinance shall have 180 days from the effective date of this ordinance to comply with this chapter. Thereafter, all said businesses shall have 90 days from the date of the beginning of such activities to comply with this chapter.

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C. Certification received from an RBSS Training program will be considered valid for

a period of two years from the date of certification. D. Licensees shall be responsible for ensuring that all managers and servers they employ comply with this section. E. Licensees shall maintain on the premises a file of proof of completion of the RBSS Training by the licensee, managers, and servers that shall be available for inspection by any peace officer or other enforcement officer during regular business hours. The proof of completion shall include: ( 1) The effective date of hire; ( 2) course completion date and, if applicable, the course renewal date; ( 3) the name of the certified RBSS Training completed; ( 4) a copy of each training certificate, if available; and ( 5) identifying information of the licensee, managers, and servers, including the name, address, phone number, and California driver' s license number, if applicable. F. The City shall provide to all applicants for a business certificate that are alcohol licensees, as defined in this chapter, a summary of the requirements of this chapter together with its penalties for violation prior to issuing a business certificate or renewal. Ord. No. 2009- 21, Enacted, 11/ 10/ 09)

Section 5. 10. 030 Violation - Penalty

A. Violation of any provision of this chapter or failure to comply with any requirement

of this chapter is an infraction and shall be punishable in accordance with the provisions of Section 1. 16. 010 of the Vista Municipal Code. At the discretion of the prosecutor, a violation of this chapter may be charged as a misdemeanor. B. Civil Action. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the City Attorney in the name of the People of the State of California as a public nuisance under California Civil Code Section 731. C. Administrative Citation. Alternatively, any violation of this chapter may be enforced by administrative action brought by the City pursuant to Chapter 1. 13 of the Vista Municipal Code. Ord. No. 2009- 21, Enacted, 11/ 10/ 09)

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Chapter 5. 12

Auctions and Auctioneers

Sections:

5. 12. 010 Definitions
6. 12. 020 Exempt Sales
7. 12. 030 Prohibited Acts
8. 12. 040 Announcement of Terms and Conditions
9. 12. 050 Purchaser to be Furnished Invoice Stating Warranties, Etc.
10. 12. 060 Close- Out, Etc., Sales
11. 12. 070 Investigation of Applications
12. 12. 080 Auctions of Jewelry - Prohibited; Exceptions
13. 12. 090 Same -Tagging Requirements; Statement of Sales
14. 12. 100 Required; Exceptions; Duration of Sale
15. 12. 110 Classes of Licenses
16. 12. 120 Application - Generally
17. 12. 130 Same - Class A
18. 12. 140 Same - Class B
19. 12. 150 Same - Class C
20. 12. 160 Bond Required for Class A or Class C Licenses
21. 12. 170 Issuance

Section 5. 12. 010 Definitions

Prior Code 4A- 1; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 020 Exempt Sales

Prior Code 4A- 2; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 030 Prohibited Acts

Prior Code 4A- 3; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 040 Announcement of Terms and Conditions

Prior Code 4A- 4; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 050 Purchaser to be Furnished Invoice Stating Warranties, Etc.

Prior Code 4A- 5; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 060 Close- out, Etc., Sales

Prior Code 4A- 6; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 070 Investigation of Applications

Prior Code 4A- 7; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

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Section 5. 12. 080 Auctions of Jewelry - Prohibited; Exceptions

Prior Code 4A- 8; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 090 Same - Tagging Requirements; Statement of Sales

Prior Code 4A- 9; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 100 Required; Exceptions; Duration of Sale

Prior Code 4A- 10; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 110 Classes of Licenses

Prior Code 4A- 11; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 120 Application - Generally

Prior Code 4A- 12; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 130 Same - Class A

Prior Code 4A- 13; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 90- 17, Amended, 05/ 29/ 90; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 140 Same - Class B

Prior Code 4A- 14; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 150 Same - Class C

Prior Code 4A- 15; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 160 Bond Required for Class A or Class C Licenses

Prior Code 4A- 16; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

Section 5. 12. 170 Issuance

Prior Code 4A- 18; Ord. No. 66- 21, Amended 8/ 16/ 66; Ord. No. 92- 1, Repealed, 02/ 11/ 92)

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Chapter 5. 16

Bingo and Similar Games

Sections:

5. 16. 010 Bingo Authorized
6. 16. 020 Definitions
7. 16. 030 License Required
8. 16. 040 Term of License
9. 16. 050 Application and Fees
10. 16. 060 Application Investigation
11. 16. 070 License Not Transferable
12. 16. 080 Limitations
13. 16. 090 Inspection
14. 16. 100 Application Denial, License Suspension or Revocation
15. 16. 110 Appeal Procedure
16. 16. 120 Violation - Penalty

Section 5. 16. 010 Bingo Authorized

Notwithstanding any other provisions of this code, this chapter is adopted pursuant to

Section 19 of Article IV of the California Constitution and Section 326. 5 of the Penal Code in order to make the game of bingo lawful under the terms and conditions in the following sections of this chapter. Prior Code 3- 17; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77)

Section 5. 16. 020 Definitions

Whenever in this chapter the following terms are used they shall have the meanings

respectively ascribed to them in this section: Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at

random. The game of bingo also includes cards having numbers or symbols which are concealed and preprinted in a manner for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend: " For sale or use only in a bingo game authorized under California law and pursuant to local ordinance." Authorized Organization" means an organization that is: 1. Exempted from the payment of the bank and corporation tax by Sections 23701 a, 23701 b, 23701 d, 23701 e, 23701 f, 23701 g and 23701( 1) of the Revenue and Taxation Code. 2. A mobile home park association. 3. A senior citizens' organization. 4. In order to be an authorized organization, an applicant must have owned or leased, or had donated to its use, property within the city that has been used by the applicant as an office or for the performance of the purposes for which the applicant is organized for at least 12 consecutive months immediately preceding the filing of such application, unless the applicant is an organization whose articles of incorporation or articles of association were filed with the Secretary of State for the State of California within 12 months preceding the date of

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application and the majority of the board of directors for such organization is composed of individuals who reside within the city limits. Licensee" means an authorized organization to which the Sheriff has issued a license to conduct bingo games pursuant to this chapter. Minor" means any person under the age of 18 years. Prior Code 3- 18; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77; Ord. No. 80- 6, Amended 2/ 25/ 80; Ord. No. 83- 9, Amended 3/ 14/ 83)

Section 5. 16. 030 License Required

It is unlawful for any person to conduct any bingo game in the city unless such person is

an authorized organization and has a valid and subsisting license issued pursuant to this chapter. Prior Code 3- 19; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77)

Section 5. 16. 040 Term of License

Each license issued pursuant to the provisions of this chapter shall expire on June 30,

regardless of date of issuance, unless prior thereto revoked by the City. Prior Code 3- 20; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77; Ord. No. 80- 6, Amended 2/ 25/ 80; Ord. No. 2010- 7, Amended, 5/ 11/ 10)

Section 5. 16. 050 Application and Fees

A. An investigation fee in the amount of $ 50 shall be paid for an original bingo license. The appropriate fee shall accompany the submission of each application and shall be used to defray the costs of the issuance of such license. B. An additional fee of one percent of the monthly gross receipts over $ 5, 000 derived from bingo games shall be collected monthly by the issuing officer ( City of Vista). gross receipts of $ 5, 000 or less, an annual fee of C. For those businesses having 10 shall be paid for license renewal. Prior Code 3- 21; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77; Ord. No. 80- 6, Amended 2/ 25/ 80)

Section 5. 16. 060 Application Investigation

A. Upon receipt of an application for a license the Sheriff may send copies of such

application to any office or department which the Sheriff deems essential in order to carry out a proper investigation of the applicant. B. The Sheriff and every officer and department to which an application is issued shall investigate the truth of the matters set forth in the application, the nature of the applicant, the membership in the applicant of the persons to operate the games, and may examine the premises to be used for the bingo game. If the Sheriff is satisfied the requirements of this chapter are and will be met, the application shall be approved, and the Sheriff shall issue the license. C. If an application for a license is denied, one- half of any license fee paid shall be refunded to the organization. Prior Code 3- 22; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77)

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Section 5. 16. 070 License not Transferable

Each license issued under this chapter shall be issued to a specific authorized

organization to conduct bingo games at a specific location and shall in no event be transferable from one person to another or from one location to another. Prior Code 3- 23; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77)

Section 5. 16. 080 Limitations

An authorized organization shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or whose use is donated to the organization be used or leased exclusively by or donated exclusively to such organization. A. It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games as provided in Subsections F and I. B. A violation of Subsection A of this section shall be punishable by a fine not to exceed $ 10, 000, which fine shall be deposited in the general fund of the City. A violation of any provision of this section, other than Subsection A, is a misdemeanor. C. The City, which enacted the ordinance authorizing the bingo game, may bring an action to enjoin a violation of this section. D. No minors are allowed to participate in any bingo game. E. All bingo games shall be open to the public, not just to the members of the

authorized organization. F. A bingo game shall be operated and staffed only by members of the authorized organization which organized it. Such members shall be limited to those set forth in the most recent application for a license or renewal as approved by the Sheriff, and shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision or any other phase of such game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game. G. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game. H. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other funds or account. Such profits shall be used only for charitable purposes. I. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Proceeds are the receipts organizations not within Subsection H. Such proceeds shall beof bingo games conducted by used only for charitable purposes, except as follows: 1. Such proceeds may be used for prizes. 2. A portion of the proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $ 2, 000 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel.

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3. Proceeds may be used to pay license fees.
   J. No person shall be allowed to participate in a bingo game, unless the person is

physically present at the time and place in which the bingo game is being conducted. K. The total value of prizes awarded during the conduct of any bingo game shall not exceed $ 250 in cash or kind, or both, for each separate game which is held. Prior Code 3- 24; Ord. No. 76- 32, Enacted 8/ 9/ 76; Ord. No. 77- 53, Amended 9/ 12/ 77; Ord. No. 80- 6, Amended 2/ 25/ 80; Ord. no. 81- 79, Amended 12/ 28/ 81; Ord. No. 94- 18, Amended, 08/ 09/ 94)

Section 5. 16. 090 Inspection

The license collector, license inspector and any peace officer of the City shall have free

access to the premises in which any bingo game licensed under this chapter is conducted. The licensee shall have the bingo license and list of approved staff available for inspection at all times during any bingo game. Prior Code 3- 25; Ord. No. 76- 32, Enacted 8/ 9/ 76)

Section 5. 16. 100 Application Denial, License Suspension or Revocation

A. The Sheriff may deny any application for a bingo license, or suspend or revoke a

license if he finds the applicant or licensee or any agent or representative thereof has: 1. Knowingly made any false, misleading or fraudulent statements of a material fact in the application or in any record or report required to be filed pursuant to this division; or 2. Violated any of the provisions of this chapter. B. If after investigation the Sheriff determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of the application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant' s last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the Sheriff, or who has had a bingo license suspended or revoked by the Sheriff may appeal the Sheriff' s decision in the manner provided in this chapter. Prior Code 3- 26; Ord. No. 76- 32, Enacted 8/ 9/ 76)

Section 5. 16. 110 Appeal Procedure

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section: A. Within 15 calendar days after the date of any suspension, revocation or denial or other decision of the Sheriff, an aggrieved party may appeal such action by filing with the City Clerk a written appeal briefly setting forth the reasons why such suspension, revocation or denial or other decision is not proper. B. Upon receipt of such written appeal, the City Clerk shall set the matter for within 30 days. At least ten calendar days prior to the date ofhearing before the City Council the hearing on the appeal, the City Clerk shall notify the appellant and Sheriff of the date and place of the hearing. The City Clerk is authorized to issue subpoenas and to administer oaths. At such hearing, the Sheriff and the appellant may present evidence relevant to the suspension, revocation or denial or other decision of the Sheriff. The City Council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing.

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C. At the conclusion of the hearing, the City Council may uphold the suspension,

revocation or denial or other decision of the Sheriff, or the City Council may reinstate that which has been suspended or revoked, or allow that which has been denied, or modify or reverse any other Sheriff' s decision which is the subject of the appeal. The City Council' s decision shall be final. Prior Code 3- 27; Ord. No. 76- 32, Enacted 8/ 9/ 76)

Section 5. 16. 120 Violation - Penalty

A. It is a misdemeanor for any person to receive a profit, wage or salary from any

bingo game authorized by this chapter. A violation of this subsection is punishable by a fine not to exceed $ 10, 000, which fine shall be deposited in the general fund of the City. B. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, other than Subsection A of this section, is guilty of a misdemeanor and upon conviction thereof, shall be punishable according to the provisions of Section 1. 16. 010 of this Code. C. All sanctions provided in this chapter are cumulative and not exclusive. Prior Code 3- 28; Ord. No. 76- 32, Enacted 8/ 9/ 76)

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Chapter 5. 20

Card Rooms and Gambling

Sections:

5. 20. 010 Adoption of the San Diego County Code of Regulatory Ordinances Relating to Card Rooms and Gambling

Section 5. 20. 010 Adoption of the San Diego County Code of Regulatory Ordinances Relating to Card Rooms and Gambling

There is adopted by the City Council, for the purpose of regulating card rooms and

gambling, that certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 1 of Division 7 of Title 3, relating to card rooms and gambling. One copy of the County Code has been and is now filed in the Office of the City Clerk and the same is adopted and incorporated as though fully set out at length in this section, and from the effective date of the ordinance codified in this section the provisions thereof shall be controlling within the limits of the city. Prior Code 19- 2; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 63- 13, Amended 5/ 14/ 63; Ord. No. 90- 16, Amended, 5/ 29/ 90)

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Chapter 5. 22

Casino Parties

Sections:

5. 22. 010 Definitions
6. 22. 020 License Required
7. 22. 030 Term of License
8. 22. 040 Application - Submission and Required Content
9. 22. 050 Review of Application
10. 22. 060 Denial and Revocation of Licenses
11. 22. 070 Appeal
12. 22. 080 Operational Requirements
13. 22. 090 Violation - Penalties

Section 5. 22. 010 Definitions

For the purpose of this section, the following definitions shall apply:
A. " Casino Party" shall mean any event at which three or more persons are

permitted or invited to play games of chance or banking games or percentage games as defined in Section 330 of the California Penal Code and which are played for no consideration and/ or no

prize. B. " Casino Managers" shall mean the individuals listed on the license application who will be present at the event and who will manage, supervise and be responsible for the operation of the casino party. Casino managers shall be bona fide members of the charitable organization sponsoring the casino party. C. " Donation" shall mean a free contribution of any tangible item, goods, wares, merchandise, money, cash, consideration, services or any other things of value. D. " Minor" shall mean any person under the age of 18 years. E. " Prize" shall mean property or merchandise designated by the sponsoring organization to be distributed or awarded to a person selected by means of a lottery or raffle. F. " Chips or Scrip" shall mean simulated paper currency or tokens having no value. G. " Advertisement" shall mean any printed material, fliers, signs, pamphlets, leaflets, handbills, verbal broadcasting, or any other method normally utilized to gain the attention of the public. H. " Raffle or Lottery" shall mean any scheme for the disposal or distribution of property or merchandise by chance for no consideration. I. Non- Profit Charitable Organization" shall mean an organization exempted from the payment of the bank and corporation tax and by Sections 23701d, 23701e, or 23701f of the Revenue and Taxation Code. Ord. No. 2002- 18, Added, 09/ 10/ 02)

Section 5. 22. 020 License Required

It shall be unlawful for any person to conduct any casino party in the City of Vista unless

such person is a member of a non- profit charitable organization, as defined in this section, acting on behalf of such non- profit charitable organization, and such organization has been issued a license as provided by this chapter. Each individual organization eligible for licensing under this section will be limited to two licenses in one calendar year. A license issued pursuant

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to this chapter is not transferable from person to person or from place to place. Ord. No. 2002- 18, Added, 09/ 10/ 02)

Section 5. 22. 030 Term of License

A casino party license shall be issued for a period of not more than 12 consecutive hours

between noon and midnight on a single calendar day. Ord. No. 2002- 18, Added, 09/ 10/ 2002)

Section 5. 22. 040 Application - Submission and Required Content

A. Application for a license shall be made to the Sheriff on forms provided by the Sheriff. The completed application must be made to the Sheriff at least 30 days prior to the issue date of the license. Proof of the organization' s tax exempt status must be presented to the issuing officer with the application. B. The application form shall contain the following information: 1. The name and address of the company or individual furnishing gaming equipment or devices. Name and date of birth of persons operating each game or device and of all volunteers assisting in the operation of the event. 2. The date, hours of the day and place of the proposed casino party. 3. Names and residential address of two casino managers, all other names used by such persons, date of birth, place of birth, driver' s license number, social security number, list of all charges resulting in conviction or plea of nolo contendere. 4. A complete list of prizes to be distributed with the cash value of each

prize. 5. The application shall contain a provision by which the applicant consents to having all required notices, unless otherwise specified, sent by mail to applicant' s address on the application by depositing the same in the United States mail postage prepaid. 6. A letter of responsibility containing a copy of the City ordinance regulating casino parties shall be attached to the application form. A signature will be required on the form by the applicant stating he/ she has read and understood the ordinance and will be responsible for properly advising all volunteers or assistants in the legal operation of the event. Ord. No. 2002- 18, Added, 09/ 10/ 02)

Section 5. 22. 050 Review of Application

A. Upon receipt of an application for a license, the Sheriff may send copies of such

application to any office or department which the Sheriff deems necessary in order to carry out a proper investigation of the applicant. B. The Sheriff and every officer and department to which an application is issued shall investigate the truth of the matters set forth in the application, the nature of the applicant, the membership in the applicant of the persons to operate the games, and may examine the premises to be used for the casino party. If the Sheriff is satisfied that the requirements of this chapter are and will be met, the application shall be approved, and the Sheriff shall issue the license. Ord. No. 2002- 18, Added, 09/ 10/ 02)

Section 5. 22. 060 Denial and Revocation of Licenses

A. The Sheriff may deny any application for a casino party license, or revoke a

license if the Sheriff finds the applicant or licensee or any agent or representative thereof has:

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1. Knowingly made any false, misleading or fraudulent statements of a

material fact in the application or in any record or report required to be filed pursuant to this chapter. 2. The applicant has been convicted of a crime which constitutes a clear and present danger of a serious substantive evil in relation to the business or activity proposed to be licensed. A plea or verdict of guilty, a finding of guilty by a court in a trial without a jury, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction. 3. The applicant has violated any of the provisions of this chapter or any provisions of any other ordinance or law to or regulating said business or occupation. 4. The applicant violates an ordinance or other law relating to the operation of the casino party or the premises on which the party occurs ( or permits such a violation to occur) which jeopardizes the safety of the public. 5. Applicant is under 18 years of age. B. If, after investigation, the Sheriff determines that a casino party license application should be denied or a casino party license should be revoked, the Sheriff shall prepare a notice of denial or revocation setting forth the reasons for such denial or revocation. Such notice shall be sent by certified mail to the applicant' s last address provided in the application or be personally delivered. Any person who has had an application for a casino party license denied or revoked by the Sheriff may appeal the Sheriffs decision in the manner provided in this chapter. Ord. No. 2002- 18, Added, 09/ 10/ 02)

Section 5. 22. 070 Appeal

A. Within 15 calendar days after the date of any denial of a license application or revocation of a license, an aggrieved party may appeal such action by filing with the City Clerk a written appeal briefly setting forth the reasons why such denial or revocation is not proper. B. Upon receipt of such written appeal, the City Clerk shall set the matter for hearing before the City Council within 30 days. At least ten calendar days prior to the date of the hearing on the appeal, the Clerk shall notify the appellant and Sheriff of the date and place authorized to issue subpoenas and to administer oaths. Atof the hearing. The City Clerk is such hearing, the Sheriff and the appellant may present evidence relevant to the suspension, revocation or denial or other decision of the Sheriff. The City Council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing. C. At the conclusion of the hearing, the City Council may uphold the Sheriff's action or may issue or reinstate a license. The City Council' s decision shall be final. Ord. No. 2002- 18, Added, 09/ 10/ 02)

Section 5. 22. 080 Operational Requirements

All casino parties shall be operated and conducted in accordance with the standards of

this section in particular, and this chapter, in general. A. Any police officer shall have free access to any casino party licensed under this section. The licensee shall have the casino party license and a list of approved volunteers of the non- profit charitable organization and persons who will operate the casino party available for inspection at all times during the event at the site of the event. B. All casino parties shall be held at a fixed location easily accessible for inspection by the Sheriff. Notwithstanding anything to the contrary, no casino party may be carried on where prohibited by zoning ordinance or within a structure which does not comply with applicable building code regulations.

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C. No minors shall be allowed to participate in any casino party. D. All casino parties shall be open to the public free of charge and no advanced reservations shall be required for attendance. E. All chips or scrip must be dispensed free of charge. There can be no correlation between the amount of chips or scrip dispensed and the amount of money donated by a prospective participant. F. No currency, cash, or checks may be used or displayed at any gaming table or device. G. No chips or scrip may be redeemed for money, consideration, or anything of value. H. No licensee shall operate a casino party in violation of any state, county, or local law or ordinance. I. All advertisements relating to a casino party must indicate that no purchase or donation is necessary to participate and the event is open to the general public with no direct or indirect obligation. J. All drawing tickets shall have the words " Free Drawing" imprinted on the ticket. The letters " Free Drawing" must be the same size or larger than any other letters printed on the ticket. K. Tickets or invitations must be printed with the words " Free Casino Party." The letters " Free Casino Party" must be the same size or larger than any other letters printed on the ticket or invitation. L. All cashiers, volunteers, supervisors or persons assigned to operate any gaming tables, or persons who participate in the promotion of any games during the operation of the casino party must wear on his or her outside clothing, in plain view, at chest height, an identification tag displaying the person' s name and title. M. The licensee or one of the casino managers listed in the application must be present at all times during the operation of the casino party. N. No person shall be allowed to participate in a casino party unless the person is physically present at the time and place in which the game is being conducted. O. If an auction, raffle or drawing for prizes of any kind is held in conjunction with a casino party, chips or scrip used during the casino party shall not be exchanged for money or prizes or raffle tickets or used in any other manner to determine who will receive the prizes or other objects of value given or sold in the action, raffle or drawing. No single prize awarded may exceed $ 2, 500 of fair market value. The total fair market value of prizes awarded at any one casino party shall not exceed $ 5, 000. All prizes advertised must be awarded on the day of the event and participants must be present to win. P. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a casino party shall hold a financial interest in the conduct of such event. Q. All profits derived from a casino party shall be kept in a special fund or account and shall not be commingled with any other funds or account. Such profits shall be used only for charitable purposes. Ord. No. 2002- 18, Added, 09/ 10/ 02)

Section 5. 22. 090 Violation - Penalties

Any person who violates any of the provisions of this chapter shall, upon conviction, be

guilty of a misdemeanor punishable according to the provisions of Section 1. 16. 010 of this code. Ord. No. 2002- 18, Added, 09/ 10/ 02)

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Chapter 5.24

Establishments Offering Live Entertainment