Vista Municipal Code § 5.56 Massage Establishments and Massage Therapists

B, a massage therapist shall not perform a massage in the City unless the massage

therapist has been issued a State Massage Therapist Certificate. B. With the exception of off- premise massages provided in accordance with this Chapter, a massage therapist shall only perform massages at: ( 1) a massage establishment for which the City has issued a valid Massage Establishment Permit; or ( 2) a location which is specifically exempted by Section 5. 56. 040. B from the obligation to obtain a Massage Establishment Permit. C. Massage therapists shall not perform any massage service at a massage establishment unless the massage therapist has verified that his or her State Therapist Certification is displayed at that massage establishment in conformity with Section 5. 56. 070. D. D. A massage therapist shall not provide a massage in the City for compensation between the hours of 10: 00 p. m. and 6: 00 a. m. ( or 9: 00 a. m. for an off- premises massage), and must conclude all treatments or massages by 10: 00 p. m. E. A massage therapist shall not provide any massage service unless the massage therapist has first verified that a list has been posted at the massage establishment which presents the available services and the cost of those services in compliance with Section 5. 56. 070. G, or that the massage therapist, when preparing for or providing an off- premises massage, is possessed of a written list of available services and their cost as required by Section 5. 56.070. G. F. A massage therapist shall not provide services, nor collect a fee for services, other than those posted in compliance with Subsection 5. 56.070. G. G. A massage therapist shall assure that all arrangements for massage services are made and payment for said massage services has been received prior to the performance of any massage service. H. Arrangements for massage services shall be made in a room in the massage establishment that is not used for the administration of massage services, such as a lobby or reception area.

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I. All payments for massage services shall be made in a room in the massage

establishment that is not used for the administration of massage services, such as a lobby or reception area. J. No massage therapist shall solicit or offer to perform for any patron any additional massage service after such massage therapist has commenced the performance of any massage service for such patron.

K. A massage therapist shall not perform any service for any patron which was not

ordered or arranged for by such patron prior to the commencement of performance of any service rendered. A massage therapist shall not, after the commencement of any massage services for any patron, advise, suggest, or otherwise indicate that any additional service is available, or ask or inquire whether the patron desires any additional service to be performed. L. A massage therapist shall not solicit any form of gratuity or pay from any patron for any services rendered, nor shall any massage therapist accept any form of gratuity or pay directly from any patron. M. When providing a massage or when visible to client at a massage establishment or a location of an off- premises massage, a massage therapist must be attired with clothes, and the attire: 1. May not be transparent, see-through, or arranged to substantially expose the massage therapist' s undergarments. 2. May not consist of swim attire, unless the therapist is in the process of providing the client with a water- based massage modality approved by the CAMTC. not be arranged to expose the therapist' s breasts, buttocks, or 3. May genitals. 4. May not produce a condition in violation of Section 314 of the Penal Code. N. A massage shall not be given unless the patron' s genitals and pubic area are fully covered and, in addition, a female patron' s breasts are fully covered. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus, or areola of a patron. O. A massage therapist shall not provide a massage in a location where alcoholic beverages or non- prescription drugs are permitted or are in possession of the client. P. A massage therapist shall assure that all exterior doors at a massage establishment shall remain unlocked from the interior side during business hours. Q. A massage therapist shall not use instruments for performing massages which have been used on a prior patron unless those instruments have first been properly sanitized. R. A massage therapist shall prepare a written record in English, or assure that a written record in English is prepared, setting forth the date and hour of each treatment administered by the massage therapist, the name and address of each patron, and the type of treatment administered, to be recorded on a patron release form. S. A massage therapist shall not use any portion of a massage establishment for residential or sleeping purposes. A massage therapist shall not use any portion of a massage establishment for cooking or food preparation, unless performed in a full service kitchen. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 160 Notice of Changes

A. The operator of any massage establishment in the City shall notify the Director of

Economic Development, in writing, of the name and address of the employment or termination of employment of each person used to provide massage services at such establishment within five calendar days of employment or termination of employment. The requirements of this section are

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in addition to other provisions of this Chapter and nothing contained herein shall relieve the massage establishment operator of the responsibility of ascertaining, prior to employment, whether said person has a current and valid State Therapist Certificate. B. Any holder of a State Therapist Certificate shall notify the Director of Economic Development, in writing, within five calendar days of the commencement of any allegations, charges, or proceedings that could result in disciplinary action against the holder's state certification or the suspension or revocation of state- issued certificate of exemption. A certificate holder shall also notify the Director of Economic Development, in writing, within 15 calendar days of any change in management, or of any intent to rename or change the ownership of the business establishment. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 170 Advertisement

Any advertisement, including, but not limited to, business cards, print, television, radio or

electronic media, for a massage establishment an off- premises massage business, or the performance of massage services shall include the number of the Massage Establishment Permit issued to the massage establishment being advertised and the number of the State Therapist Certificate issued to the massage therapist that will be performing the massage or supervising services being advertised. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 180 Revocation of Massage Establishment Permits

A. Grounds for Revocation. In addition to any grounds provided elsewhere in this Chapter, the Director of Economic Development shall revoke any Massage Establishment Permit issued pursuant to the provisions of this Chapter upon any of the following grounds: 1. An owner or operator in possession of a State Therapist Certificate has had that certificate revoked. 2. A holder of a Massage Establishment Permit employs or uses massage therapists who are not possessed of a State Therapist Certificate. 3. The holder of the Massage Establishment Permit has caused, allowed, or suffered any material violation of any provision of Chapter 10. 5 (" Massage Therapists") of the California Business & Professions Code. 4. The holder of the Massage Establishment Permit has caused, allowed, or suffered a material violation of any provision of this Chapter. B. Procedures for Revocation. Upon determining that a ground for revocation exists as specified in Subsection 5. 56. 180. A, the Director of Economic Development shall issue a written notice of revocation to the holder of the Massage Establishment Permit either via personal service or via United States mail, postage prepaid, to the permit holder' s last known address. The notice of revocation shall advise the certificate holder of the revocation, of the grounds for the revocation, and of the certificate holder' s ability to appeal the determination in accordance with the provisions of Section 5. 56. 190 of this Chapter. Failure of a permit holder to receive a properly addressed notice of revocation shall not invalidate any action or proceeding pursuant to this Chapter. C. Reapplication after Revocation. Any person whose Massage Establishment Permit has been canceled, revoked, or invalidated pursuant to the provisions of this Chapter may not reapply for such certificate for a period of five years from the date such revocation, cancellation, or invalidation became final.

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Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced, 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced, 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 190 Procedure for Appeal of Denial or Revocation of Massage Establishment Permit

A. Request for Appeal. Any holder of a Massage Establishment Permit, within ten calendar days after issuance of any notice of denial or revocation, may file a request for an appeal to the City Manager through the Director of Economic Development. The request for an appeal must be made in writing and must contain, at a minimum, the following information: 1. The name of the appellant and the address of the applicable establishment where the appellant was authorized or was seeking to be authorized to provide massage services. 2. The date of denial or revocation by the Director of Economic Development. 3. A brief statement as to the grounds for appeal ( or reason for contending the denial or revocation was erroneous or clearly an abuse of discretion) in sufficient detail to enable the City Manager to understand the nature of the controversy. 4. The signature of the appellant/applicant under penalty of perjury as to the contents of the request for appeal. B. Appeal Hearing. The City Manager or his designee shall schedule and hear the appeal within 45 calendar days of the filing of the request for appeal. The appellants listed on the request for appeal shall be notified in writing of the date, time, and location of the appeal hearing at least ten calendar days prior to the date of the hearing. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Unless otherwise specifically provided by law, the burden at the appeal hearing is on the appellant to prove that the determination of the Director of Economic Development or the Director of Economic Development' s designee, which is being appealed, is erroneous or clearly an abuse of discretion. The failure of the appellant to appear for the appeal hearing shall be deemed a withdrawal of the appellant' s request for an appeal and a waiver of the right to appeal. Not later than 20 calendar days following the conclusion of the appeal hearing, the City Manager or designee shall issue a written Notice of Decision and serve the appellants with same via personal service or via United States Mail, postage prepaid, at the last known address. Failure of any appellant to receive a properly addressed Notice of Decision shall not invalidate any action or proceeding under this Chapter. The decision of the City Manager or his designee shall be final and binding. Ord. No. 2007- 3, Added 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 200 Violation and Penalty

A. A violation or failure to comply with any provision of this Chapter, or any condition of a permit or certificate issued pursuant to this Chapter, shall constitute a misdemeanor punishable by imprisonment in the City or County Jail for a period not exceeding six months or by a fine not to exceed $ 1, 000 ( plus applicable penalty assessments), or by both such fine and imprisonment, unless: 1. The City Attorney/ City Prosecutor authorizes the issuance of an infraction citation. 2. The City Attorney/City Prosecutor files a complaint charging the offense as an infraction. 3. After the filing of a misdemeanor complaint, the court, on motion of the City Attorney/ City Prosecutor, reduces the offense to an infraction, and the defendant does not object to having the case proceed as an infraction.

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B. It shall constitute a new and separate offense for each day, or portion thereof,

during which any violation of any provision of this Chapter is committed, continued, maintained, permitted, or suffered. Revocation of any license, permit, or certificate pursuant to this Chapter shall not be a defense against any prosecution or other proceeding. C. Any massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof, in a manner provided by law, including administrative citations. D. A prevailing party in any administrative, equitable, or civil action to abate, remove, terminate, or enjoin a public nuisance ( which, based on Chapter 8. 36, results from a violation of this Code), or in any appeal or other judicial action arising therefrom, may recover reasonable attorneys' fees in accordance with the following subsections: 1. Attorneys' fees are not recoverable by any person as a prevailing party unless the City Manager elects in writing to seek recovery of the City's attorneys' fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorneys' fees in favor of any person or the City. 2. Provided that the City has made an election to seek attorneys' fees, an award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the City in that action or proceeding. Ord. No. 2007- 3, Added 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 210 Enforcement The Code Compliance Manager, the Building Official or law enforcement, the Office of the City Attorney/City Prosecutor, or any other person designated by the City Manager, have the authority to enforce the provisions of this ordinance. Ord. No. 2007- 3, Added 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

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Chapter 5. 60

Pawnbrokers and Secondhand Dealers

Sections:

5. 60. 010 Definitions
6. 60. 020 Banks Exempted from Regulations
7. 60. 030 Residency Requirements
8. 60. 040 Record Keeping - Generally
9. 60. 050 Report of Transactions to be Made Daily
10. 60. 060 Record Keeping - by Money Lenders
11. 60. 070 Reports to be Confidential
12. 60. 080 Hours of Operation

Section 5. 60. 010 Definitions

For the purposes of this chapter, the following words and phrases have the meanings

respectively ascribed to them by this section: Pawnbroker" means every person conducting, managing or carrying on the business of loaning money, either for himself or for any other person upon any personal property or personal security, or purchasing personal property and reselling such articles to the vendor or other assignee at prices previously agreed upon. Secondhand Dealer" means every person conducting, managing or carrying on the business of buying and selling used jewelry, watches, diamonds, clothing, musical instruments, luggage, sporting goods, furniture, junk and secondhand automobiles. Prior Code 21- 1; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 60. 020 Banks Exempted from Regulations

Nothing in this chapter shall be deemed or construed to apply to the loaning of money on

personal property or personal security by any bank authorized to do so under the laws of the state. Prior Code 21- 2; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 60. 030 Residency Requirement

No person conducting, managing or carrying on the business of pawnbroker or secondhand dealer shall buy or sell used jewelry, watches, diamonds, clothing, musical instruments, luggage, sporting goods, furniture, junk and secondhand automobiles, or loan money either for himself or for any other person, upon any personal property or personal security, or purchase personal property and resell such articles to the vendor or other assignee at prices previously agreed upon, unless the owner and operator is a bona fide resident of the city for at least one year prior to the granting of the license for such pawnbroker, money lender or secondhand dealer. Prior Code 21- 3; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 60. 040 Record Keeping - Generally

All junk dealers, pawnbrokers and dealers in secondhand articles of every kind, nature

or description shall keep a record of any and all articles by such person acquired by purchase,

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pledge or otherwise, which record shall at all times during ordinary business hours be open to inspection by any police officer of this City. Prior Code 21- 4; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 60. 050 Report of Transactions to be Made Daily

A. Any person regulated by this chapter shall, in addition to keeping the record

required by Section 5. 60.040, daily deliver to the Chief of Police of the City, upon a blank form which shall be furnished such persons by the Chief of Police for that purpose, a full, true and complete report of all such previously named articles acquired by purchase, pledge or otherwise by such persons during the entire calendar day preceding such report, together with the hour of the day at which, and a reasonable description and a true name of the person from whom such article was so acquired, as accurately as can be obtained by the person making such report. B. The Chief of Police shall cause a sufficient number of such blank forms for such reports to be kept available and in such form and with such blank spaces thereon to effect the purpose of this section, as the Chief of Police prescribes. Prior Code 21- 5; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 60. 060 Record Keeping - by Money Lenders

A. All money lenders shall keep a record of all loans made by them, which shall at

all times during ordinary business hours be open to inspection by any police officer of this City. B. Such records shall contain the names and addresses of all persons to whom loans are made, and a reasonable description of such persons, the amount of money loaned and the length of time during which such loan is to continue, and the rate of interest exacted for such loans. Prior Code 21- 6; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 60. 070 Reports to be Confidential

Any report made, delivered or received pursuant to this chapter shall be open only to the inspection of the Police Department, unless exhibited by order of a court of competent jurisdiction. Prior Code 21- 7; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 60. 080 Hours of Operation

A. No person conducting, managing or carrying on the business of pawnbroker shall

conduct such business as follows: 1. Between the hours of 8: 00 p. m. and 8: 00 a. m. on weekdays. 2. Between the hours of 10: 00 p.m. on Saturday and 8: 00 a. m. on Monday. 3. On the following days: January 1, May 30, July 4, the first Monday in September, Thanksgiving Day as designated by the President of the United States, December 25. 4. Between December 5 and December 24, both inclusive, a place of business may be permitted to remain open until 9: 00 p. m. Prior Code 21- 8; Ord. No. 66- 24, Amended 9/ 6/ 66)

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Chapter 5. 64

Peddlers and Solicitors

Sections:

5. 64. 010 Purpose
6. 64. 020 Definitions
7. 64. 030 Solicitor License Required
8. 64. 040 Employee Identification Card Required
9. 64. 050 Terms of License and Fees
10. 64. 060 Contents of License or Identification Card Application
11. 64. 070 Suspension - Hearing
12. 64. 080 Exemptions from Chapter
13. 64. 090 Exemptions from Fees
14. 64. 100 Identification Card Exhibition
15. 64. 110 License not Transferable
16. 64. 120 Disclosure to Prospective Donor
17. 64. 130 Hours of Business
18. 64. 140 Prohibited Vending
19. 64. 150 Violation - Penalty

Section 5. 64. 010 Purpose

The City Council declares the purpose of this chapter is to safeguard the public against

fraud, deceit and imposition, and to foster and encourage fair solicitations or sales solicitations for charitable purposes, wherein the person from whom the money is being solicited will know what portion of the money will actually be utilized for charitable purposes. This chapter will promote legitimate solicitations and sales solicitations for charitable purposes and restrict harmful solicitation methods, thus the people of this city will not be misled into giving solicitors a substantial amount of money which may not in fact be used for charitable purposes. Prior Code 22- 1; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 020 Definitions

For the purposes of this chapter, the following words and phrases have the meanings respectively ascribed to them by this section: means and includes any person who, or any nonprofit community Charity" organization, fraternal, benevolent, educational, philanthropic or service organization, or governmental employment organization which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Commercial Fundraiser for Charitable Purposes" means any individual, corporation or other legal entity who for compensation does either of the following: 1. Solicits funds in this state for charitable purposes and who receives and controls the funds or assets solicited for charitable purposes; or 2. As a result of the solicitation of funds in this state for charitable purposes, receives and controls the funds or assets solicited for charitable purposes. Such commercial fundraiser for charitable purposes is deemed a solicitor as defined in this section and shall comply with Government Code Section 12599.

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Completed Solicitation" means a solicitation is completed whether or not the person making or receiving the solicitation receives or makes any contribution or makes any sale or purchase referred to in this chapter. Goods" means goods, wares, merchandise, products, chattels of any description, magazines, periodicals or other publications or subscriptions therefore, except for regularly published newspapers. Identification Card" means the solicitor identification card issued by the City to a person who possesses a valid solicitor's license or who is employed or engaged to solicit by a person licensed to do business as a solicitor within the city. License" means that license which is issued to a person who is doing business as a solicitor in the city. Public Place" means any place to which anyone may have access without trespassing. Sales Solicitation for Charitable Purposes" means the sale of, offer to sell, or attempt to sell any advertisement, advertisement space, books, cards, chance, coupon device, magazine subscription, memberships, merchandise, ticket of admission or any other thing or service in connection with which: 1. Any appeal is made for charitable purposes; 2. The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such sales; or 3. Any statement is made to the effect that the whole or any part of the proceeds from such sale will go to or be used for any charitable purposes or organization. Solicitations for Charitable Purposes" means any request, plea, entreaty, demand or invitation, or attempts thereof, to give money or property, in connection with which: 1. Any appeal is made for charitable purposes; 2. The name of any charity, philanthropic or charitable organization is used or referred to any such appeal as an inducement for making any such gifts; or 3. Any statement is made to the effect that such gift or any part thereof will go to or be used for any charitable purpose or organization. Solicitor" means and includes peddlers, hawkers, transient dealers, sales persons or other itinerant vendors, or any person who sets up a temporary stand for the purpose of selling services, or in any manner or means whatsoever, offers to sell, or sells by sample, or takes orders for, gives away or otherwise disposes of any goods, or anything of value, or who offers to distribute or delivers any coupon, certificate, handbill, ticket, token card, papers, circulars, chance coupon, magazine or other items which in turn are redeemable for goods, or who receives compensation of any type in connection with promoting, conducting or making a sales solicitation or obtaining or attempting to obtain contributions solicited from the public for charitable or religious purposes. Prior Code 22- 2; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 030 Solicitor License Required

A. It is unlawful for any person, association, corporation, partnership or organization

to do business as a solicitor, as defined in Section 5.64.020 of this chapter, within the city without first obtaining a solicitor's license from the City. B. Any person employed or engaged in solicitations solely as an employee of a licensed solicitor shall, in lieu of obtaining a solicitor' s license, comply with Section 5. 64. 040 of this chapter. Prior Code 22- 3; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

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Section 5. 64. 040 Employee Identification Card Required

It is unlawful for any person to be employed by any individual, association, corporation,

partnership or organization licensed under this chapter, to function or perform as a solicitor within the city without first obtaining a solicitor' s identification card from the City. Prior Code 22- 4; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 050 Terms of License and Fees

A. Application for the license and identification card required by Sections 5. 64. 030 and 5. 64. 040 shall be made upon forms provided by the City Finance Department, notarized or affirmed, and filed with the Finance Department at least 30 days prior to the date of commencement of the proposed solicitation. Upon good cause shown, the Finance Department may allow the filing of an application less than 30 days prior to the commencement of the proposed solicitation. B. The term of a solicitor' s license or identification card is one year; however, at the discretion of the issuing officer or at the request of the applicant, the term may be for a lesser period. Thereafter, the license or identification card may be renewed for a period of one year any time within 30 days prior to the expiration date of said license or identification card upon application therefore. C. The fee for a new solicitor' s license is $ 50 for a period of one year or less. The fee for a license renewal is $ 40. D. The fee for a new solicitor' s identification card is $ 35. The fee for an identification card renewal is $ 25. One identification card shall be issued without charge to the applicant who has paid the fee for a solicitor' s license. E. The appropriate fee shall accompany each application and is nonrefundable. The fees stated in this section are not for revenue purposes but shall be used to defray, in part, the administrative costs, the cost of investigation and enforcement of this chapter. Prior Code 22- 5; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 060 Contents of License or Identification Card Application

A. The applicant for a license and/ or identification card shall apply to the City as set

forth in Section 5. 64. 050 and is required to furnish the following information: 1. The name and address of the person applying for the permit. 2. If the applicant is not an individual, the names and addresses of the applicant' s principal officers and managers, together with written authorization to make the application signed by two of the applicant' s principal officers. 3. Physical description of the applicant and three photographs. 4. Fingerprints of the applicant. 5. Local address. 6. Permanent address.

of 7. Description of the proposed solicitation indicating the type

communication involved. 8. Description of the nature of the business for which the solicitation is being done. 9. Description of the nature of the goods or services to be offered. 10. The purpose for which the solicitation is to be made. 11. The names and addresses of all persons who will be in charge of conducting the solicitation and the names and addresses of all promoters connected or to be connected with the proposed solicitation.

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12. The names and addresses of all solicitors to whom " information cards"

are to be issued, unless in the opinion of the issuing officer the solicitation campaign is of such magnitude and involves such a great number of volunteer solicitors as to make it impractical to provide the same. 13. The length of time for which such license is desired. 14. If solicitors under the age of 16 are to be used, a statement of the manner in which solicitors shall be supervised. 15. The dates and hours when the solicitations are proposed to begin, and the expected duration of the proposed solicitation. 16. A statement of all convictions for all misdemeanors and felonies. 17. Proof of the nonprofit and tax- exempt status of the sponsoring charitable or religious organization. B. Upon receipt of an application for a license and/ or identification card, the issuing officer may send copies of such applications to the Sheriff' s Department or any department which the issuing officer deems essential in order to carry out a proper investigation of the applicant. The issuing officer may forward fingerprints to the California Bureau of Identification for research. C. If there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the City in writing thereof within five days. D. All applications filed under the provisions of this chapter become and remain a public record open to the inspection of all persons. Prior Code 22- 6; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 070 Suspension - Hearing

When, in the opinion of the issuing officer, there is a clear and immediate threat to the safety and protection of the public, the issuing officer may suspend a license without a hearing. The issuing officer shall prepare a written notice of suspension, which includes a statement of the action, a concise explanation of the reasons for the action, the statutory basis relied upon for such action, and an explanation of the licensee's right to request a hearing from the hearing officer. Such notice shall be either sent by certified mail to the licensee' s last address provided in the application or be personally delivered. The licensee may request a hearing from the hearing officer within five days of receipt of notification that the license has been suspended. The issuing officer shall notify the licensee of the time and place of such hearing and the hearing shall be conducted in the manner prescribed in this chapter. The hearing shall be held not more than 15 days from the date of receipt of said request for hearing. Following the hearing, the person affected may appeal the decision in the manner prescribed in this chapter. The decision shall not be stayed during pendency of such hearing or appeal. Prior Code 22- 12; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 080 Exemptions from Chapter

This chapter shall not apply to:
A. Students from an elementary school or a junior high school, or a high school, or

public junior or community college, or public college or public university or any private educational institution listed in Education Code Section 29003, while such students are engaged in an activity associated with academic or scholastic functions sponsored by and authorized by such school. B. Wholesalers, their representatives, agents or employees calling upon retail businesses, nor to retail businesses when such sales are made in the regular course of business and at the established place of business.

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C. Sales by a farmer or rancher for products produced within San Diego County by

such farmer or rancher at the established place of business of such farmer or rancher. D. Persons who sell their goods at the rented stall of a lawfully operated swap meet. E. A newspaper editor and employees. F. Girl Scouts, Boy Scouts, Cub Scouts or any similar youth organization, while engaged in an activity associated with that youth organization which is sponsored by or authorized by such youth organization. G. Children on Little League teams while engaged in activities associated with the Little League teams and sponsored and authorized by such Little League teams. Prior Code 22- 13; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 090 Exemptions from Fees

Applicants for a solicitor' s license or solicitor' s identification card as described in this

chapter are exempt from the appropriate fees: A. Veterans of the Army, Navy, Marines, or Air Force as defined in Section 16102 of the Business and Professions Code of the State of California. Before any such veteran shall be licensed under the provisions of this chapter, such veteran shall submit to the issuing officer proof of release from active duty under honorable conditions or a certified copy of an honorable discharge from the United States service. B. Solicitors who are engaged exclusively in soliciting orders as an agent or representative of any person or persons engaged in interstate commerce which have their place or places of business outside the State of California. Before any such agent or representative is licensed under the provisions of this chapter, that agent or representative shall submit to the issuing officer satisfactory identification and interstate commerce credentials from the person represented, and comply with all other sections of this chapter. Prior Code 22- 14; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 100 Identification Card Exhibition

Every person licensed under the provisions of this chapter, while engaged in the

business for which licensed, shall display their identification card on the front of their person in a manner and in a location allowing such identification card to be easily seen and read by any other person, and upon demand by any peace officer or Code Enforcement Officer shall exhibit such identification card. Prior Code 22- 15; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 110 License not Transferable

Such license or identification card is not transferable from person to person or place to

place. Prior Code 22- 16; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 120 Disclosure to Prospective Donor

Solicitors shall disclose, upon request by the prospective donor, any and all information

requested. Prior Code 22- 17; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

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Section 5. 64. 130 Hours of Business

No person shall do business as a solicitor from 8: 00 p. m. to 8: 00 a. m., local time, except

by appointment. Prior Code 22- 18; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 140 Prohibited Vending

A. No solicitor shall contact or attempt to contact any occupant of any house,

dwelling or mobilehome where the owner or occupant of the house, dwelling or mobilehome has posted at the front of the house, dwelling or mobilehome, printed with letters not less than one inch in height, and at a location which is unobstructed and clearly visible from the normal entranceway to such house, dwelling or mobilehome, a sign or placard prohibiting such soliciting. B. No solicitor shall contact or attempt to contact any member of the public on any private commercial property which is normally open to the general public where the owner or legal occupant thereof has posted at all entrances thereto, and printed with letters not less than one inch in height, and at a location which is unobstructed and clearly visible by all persons entering such property, a sign or placard prohibiting such soliciting. Prior Code 22- 19; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

Section 5. 64. 150 Violation - Penalty

Any person who violates the provisions of this chapter is guilty of a misdemeanor and

upon conviction shall be punishable according to the provisions of Section 1. 16. 010 of this code. Prior Code 22- 20; Ord. No. 90- 6, Repealed and Replaced, 1/ 8/ 90)

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Chapter 5. 68

Peep Show Establishments

Sections:

5. 68. 010 Purpose and Intent
6. 68. 020 Definitions
7. 68. 030 Permit - Required
8. 68. 040 Permit - Term
9. 68. 050 Permit - Fee
10. 68. 060 Permit - Application - Investigation Fee
11. 68. 070 Permit - Application - Investigation
12. 68. 080 Permit - Issuance or Denial
13. 68. 090 Permit - Suspension or Revocation
14. 68. 100 Hearing
15. 68. 110 Appeal
16. 68. 120 Reapplying After Revocation
17. 68. 130 Permit Affixed to Device
18. 68. 140 Wall, Partition Construction
19. 68. 150 Minimum Aisle Width
20. 68. 160 Minimum Doorways
21. 68. 170 Lighted Exit Signs
22. 68. 180 Patron View of Doorway
23. 68. 190 Minimum Lighting
24. 68. 200 Maximum Occupancy Load
25. 68. 210 Maximum Number of Devices
26. 68. 220 Variance
27. 68. 230 Free Access to City Manager or Delegate
28. 68. 240 Injunctive Relief
29. 68. 250 Violation - Penalty

Section 5. 68. 010 Purpose and Intent

Prior Code 3- 29; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 020 Definitions

Prior Code 3- 30; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 030 Permit - Required

Prior Code 3- 31; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 040 Permit - Term

Prior Code 3- 32; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 050 Permit - Fee

Prior Code 3- 33; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

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Section 5. 68. 060 Permit - Application - Investigation Fee

Prior Code 3- 34; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 070 Permit - Application - Investigation

Prior Code 3- 35; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 080 Permit - Issuance or Denial

Prior Code 3- 36; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 090 Permit - Suspension or Revocation

Prior Code 3- 39; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 100 Hearing

Prior Code 3- 38; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 110 Appeal

Prior Code 3- 39; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 120 Reapplying After Revocation

Prior Code 3- 40; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 130 Permit Affixed to Device

Prior Code 3- 41; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 140 Wall, Partition Construction

Prior Code 3- 42; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 150 Minimum Aisle Width

Prior Code 3- 43; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 160 Minimum Doorways

Prior Code 3- 44; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 170 Lighted Exit Signs

Prior Code 3- 45; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 180 Patron View of Doorway

Prior Code 3- 46; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

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Section 5. 68. 190 Minimum Lighting

Prior Code 3- 47; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 200 Maximum Occupancy Load

Prior Code 3- 48; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 210 Maximum Number of Devices

Prior Code 3- 49; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 220 Variance

Prior Code 3- 53; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 230 Free Access to City Manager or Delegate

Prior Code 3- 50; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 240 Injunctive Relief

Prior Code 3- 51; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

Section 5. 68. 250 Violation - Penalty

Prior Code 3- 52; Ord. No. 77- 44, Enacted 8/ 8/ 77; Ord. No. 2001- 12, Repealed, 07/ 10/ 01)

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Chapter 5. 72

Pool and Billiard Rooms

Sections:

5. 72. 010 License Required
6. 72. 020 Application - Investigation - Grant or Denial
7. 72. 030 Revocation of License - Grounds
8. 72. 040 Intoxicating Liquors Prohibited
9. 72. 050 Persons Under 16 Not to Participate in or Witness Games
10. 72. 060 Gambling Prohibited
11. 72. 070 Payment for Games May be Decided by Result

Section 5. 72. 010 License Required

It is unlawful for any person to manage, operate or conduct any pool or billiard room

in the city without obtaining from the City Council a license authorizing such person to keep, maintain and conduct a pool or billiard room. Prior Code 3- 6; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 72. 020 Application - Investigation - Grant or Denial

A. Every applicant for a pool and billiard room license shall file an application

with the City Council setting forth his name, place of residence and how long he has resided in the city. Each applicant shall furnish reasonable proof to the Sheriff of the County or the Chief of Police of the City that he is a fit and proper person to conduct and carry on a pool and billiard room and that he is of good character and habits. Thereafter, the Sheriff or the Chief of Police shall inquire into the qualifications of the applicant and of his character, habits and fitness to conduct a pool and billiard room. The Sheriff or the Chief of Police shall report the results of his investigation to the City Council. After consideration of the report of the Sheriff or the Chief of Police and any other evidence received by it, the City Council may grant the permit, or deny the permit if there is substantial evidence that the applicant is a person of idle, lewd, dissolute or immoral character and is a person who, as shown by his previous conduct, is not fit to conduct a pool or billiard room business. B. An investigation fee of $50 shall be paid upon filing the application. Prior Code 3- 7; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 72. 030 Revocation of License - Grounds

The City Council has the power to revoke any license granted under the provisions of this chapter upon the giving of ten days' notice to the licensee of its intention to revoke, such notice to specify the date, hour and place of the meeting at which the proposed revocation is to be considered. Violation of any of the provisions of this code, or of any law, or the maintenance by the licensee of any condition injurious to the public health, safety or morals constitutes grounds for such revocation. Prior Code 3- 9; Ord. No. 66- 24, Amended 9/ 6/ 66)

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Section 5. 72. 040 Intoxicating Liquors Prohibited

It is unlawful for the proprietor of any business establishment within which there is a

pool or billiard room, or for the manager or agent of such proprietor, to permit the drinking of any spirituous, vinous, malt or other intoxicating liquors of any kind or character in the area or enclosure set aside and used as a pool or billiard room. Prior Code 3- 10; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 72. 050 Persons Under 16 Not to Participate in or Witness Games

A. It is unlawful for the proprietor, manager or other person in charge of any pool

or billiard room to permit any person under the age of 16 years to engage in or play billiards or pool in such licensed premises unless accompanied by his parent or legal guardian. B. It is unlawful for any person under the age of 16 years to be or remain in any area or enclosure set aside and used as a licensed pool or billiard room to witness any game of pool or billiards or other game played therein, unless accompanied by his parent or legal guardian. Prior Code 3- 11; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 72. 060 Gambling Prohibited

It is unlawful for the proprietor, manager or agent of such proprietor, to permit any

gambling or any kind or character to be carried on in such pool or billiard room or to permit any betting or wagering to take place or occur therein upon any game of billiards or pool played in such licensed pool or billiard room. Prior Code 3- 12. 1; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 72. 070 Payment for Games May be Decided by Result

Nothing in this chapter shall be construed to prevent any two or more persons from

deciding by the result of the game of pool or billiards played by them who shall pay the fee or amount charged by the proprietor for the use of the pool or billiard table at which such persons play. Prior Code 3- 12. 2; Ord. No. 66- 24, Amended 9/ 6/ 66)

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Chapter 5. 76

Swap Meets and Swap Lots

Sections:

5. 76. 010 Background
6. 76. 020 Intent
7. 76. 030 Definitions
8. 76. 040 License Required
9. 76. 050 Application to License Collector
10. 76. 060 Police Investigation - Fee
11. 76. 070 Grant or Denial of Application - Appeal
12. 76. 080 Suspension or Revocation - Grounds
13. 76. 090 License Not Transferable
14. 76. 100 Admission Records
15. 76. 110 Trading Area
16. 76. 120 Inspection by Public Safety Officers
17. 76. 130 Hours of Operation
18. 76. 140 Prohibited Articles
19. 76. 150 Notice
20. 76. 160 Penalty for False Information - Failure to Furnish Information

Section 5. 76. 010 Background

Swap meets have developed into a large commercial enterprise in the city and

surrounding areas in San Diego County involving many citizens and attracting out- of-city/ county and out- of- state participants. At the present time there are no regulations controlling their operation. Swap meets should be subject to the necessary regulatory provisions that apply to any other business in this city. Investigation has shown that both new and used items and stolen merchandise are sold. There are special regulations, both local and state, on pawn shops and because they are especially susceptible places to dispose of stolen goods, most certainly similar control should be applicable to swap meets. Prior Code 19- 9; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 020 Intent

It is the intent of this chapter that swap meets be subject to proper regulations similar to

regulations applicable to businesses with similar problems, that swap meet owners and operators pay their share of regulatory costs and that the citizens who attend swap meets be protected by appropriate controls of swap meet operations. Prior Code 19- 10; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 030 Definitions

For the purposes of this chapter the following definitions shall apply:
Owner" or " Operator" means the person or persons who control the admission,

directly or through agents, of persons and merchandise into the trading area. Swap Lot" means a building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, buy, sell or bargain for new or used merchandise. Swap Meet" means the activity carried on in such a location. Prior Code 19- 11; Ord. No. 70- 14, Added 3/ 16/ 70)

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Section 5. 76. 040 License Required

It is unlawful for any person to operate a swap meet in the city unless such person has

been issued a license as provided in this chapter. Prior Code 19- 12; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 050 Application to License Collector

Application for such license shall be made to the license collector on forms provided by the license collector. Prior Code 19- 13; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 060 Police Investigation - Fee

A. For the purpose of this section, the Chief of Police of the City means the duly

appointed acting Chief of Police of the City Police Department, if any, and in the absence of such appointment the Chief of Police means the Sheriff of the County of San Diego. Immediately upon receipt of an application for a license the Chief of Police shall proceed to investigate the truth of the matters set forth in said application, the character of the applicant, the character of the persons who have direct management of the swap meet and the character of the premises proposed to be used as a swap lot. B. An investigation fee of $ 50 shall be paid upon filing the application with the license collector. Prior Code 19- 14; Ord. No. 70- 14, Added 3/ 16/ 70; Ord. No. 75- 58, Amended 12/ 22/ 75)

Section 5. 76. 070 Grant or Denial of Application - Appeal

A. The Chief of Police shall approve or deny the issuance of the license for which

application is made. The Chief of Police has the power to deny any application if it appears that the applicant or the person to have direct management of the swap meet is not a suitable or proper person to carry on the swap meet operation, or if the premises proposed to be used as a swap lot is not a suitable or proper place for swap meets, or if the health, welfare or public morals of the community warrant such denial. The applicant may appeal the denial of a license in the manner provided for in Subsection B of this section. B. Any person aggrieved by the denial of a license may appeal in writing to the City Council. Such appeal shall, within five days after notice of denial of a license be filed with the City Clerk, who shall set the matter for hearing as soon as practical and notify by mail the Chief of Police and the applicant of the time and place set for such hearing. Any interested person may appear and present evidence at the public hearing. The City Council may approve or deny the issuance of the license. The action of the City Council on such appeal is final. Prior Code 19- 15; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 080 Suspension or Revocation - Grounds

In addition to the causes for denial of a license set forth in Section 5. 76.050, any license

issued under this chapter may be revoked or suspended at any time after a hearing, notice of which shall be given to the licensee more than ten days prior to such hearing, when the City Council finds: A. The operation of the swap meet is contrary to the public interest, or does not comport with the public welfare; or B. The swap meet has been operated in an illegal, improper or disorderly manner. Prior Code 19- 16; Ord. No. 70- 14, Added 3/ 16/ 70)

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Section 5. 76. 090 License Not Transferable

Such license is not transferable.

Prior Code 19- 18; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 100 Admission Records

A. The owner or operator of an enterprise described in this chapter, or his employee

or agent, is required to submit daily to the Chief of Police, on forms prescribed by him, the following information on each person admitted who brings merchandise to the swap meet for sale or trade: 1. Name and address. 2. Date and time of entry. 3. Vehicle description and license number, if any. 4. General description which reasonably describes all property brought into the trading area; provided, however, that where property is identifiable by a serial number, where property shows evidence of having had a serial number, where property has distinctive or personal identifying marks such as names or initials or where property shows evidence of having had such identifying marks, the property shall be specifically described including said serial numbers and distinctive identifying marks along with color, name and make. 5. Signature of such person. B. These forms of admission records shall be available for inspection by the Chief of Police during normal business hours. Prior Code 19- 19; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 110 Trading Area

Swap meet activities shall be conducted only in a building, structure or other area

enclosed by a permanent fence which is sufficient to enable the owner or operator, or his employee to control effectively the ingress and egress of persons and merchandise. Prior Code 19- 20; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 120 Inspection by Public Safety Officers

All merchandise admitted into the area shall be arranged so that the Chief of Police,

Building Inspector, Health Officer, Fire Department officers, state fire wardens and other officials may have access for inspection at all times during hours of operation. Prior Code 19- 21; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 130 Hours of Operation

The business defined in this chapter shall be conducted between 6: 00 a. m. and 6: 00 p. m.; provided, however, that no one shall be admitted to the swap lot after 5: 00 p. m. Such businesses shall not be conducted on the following holidays: December 25, Labor Day and Thanksgiving Day. Prior Code 19- 22; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 140 Prohibited Articles

It is unlawful for any person to exchange, barter, trade or sell firearms or explosives in a

swap meet. Prior Code 19- 23; Ord. No. 70- 14, Added 3/ 16/ 70)

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Section 5. 76. 150 Notice

The operator of any swap meet shall take reasonable steps to notify all participants of

the regulations and prohibitions contained in this chapter, including but not limited to the posting of notices in conspicuous places on the premises where such swap meet is conducted. Prior Code 19- 24; Ord. No. 70- 14, Added 3/ 16/ 70)

Section 5. 76. 160 Penalty for False Information - Failure to Furnish Information

Knowingly furnishing false information or failure to furnish information, where information

is required by the provisions of this chapter, constitutes a violation of this chapter. Prior Code 19- 25; Ord. No. 70- 14, Added 3/ 16/ 70)

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Chapter 5. 80

Taxicabs

Sections:

5. 80. 010 Purpose
6. 80. 020 Issuing Authority
7. 80. 030 Regulations
8. 80. 040 Definitions
9. 80. 050 Licensing Fees
10. 80. 060 Driver' s Identification Card
11. 80. 070 Insurance Required
12. 80. 080 Taxicabs Operation, Color, Trademark, or Insignia
13. 80. 090 Effective Date
14. 80. 100 Violation and Penalty

Section 5. 80. 010 Purpose

A. Without first having obtained the permit required by this chapter, it shall be

unlawful for a person to carry on a business utilizing taxicabs or jitneys within the city. B. Without first having obtained the permit required by this chapter, it shall be unlawful for any person to drive a taxicab or jitney for the purpose of soliciting passengers within the city. C. Without first having obtained a business license required by City ordinance, it shall be unlawful for any person to carry on a business utilizing taxicabs or jitneys within the city. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

Section 5. 80. 020 Issuing Authority

The City of Vista City Manager or his or her designee shall be the Issuing Authority for the permits required by this chapter. The City Council may, by resolution, establish the amount of the operating permit fee and an administrative fee for processing the application, to be paid to the City of Vista. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 83- 8, Amended 2/ 28/ 83; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

Section 5. 80. 030 Regulations

In addition to the general provisions of this title applicable to this chapter, there is hereby

adopted, by reference, by the City of Vista, for the purpose of prescribing rules and regulations for the protection of the public health and safety, Chapter 3 of Division 1 of Title 2 of the San Diego County Code of Regulatory Ordinances commencing with Section 21. 301 relating to taxicabs and taxicab operations, together with such secondary references as are included in those portions, effective as of the date set forth in Section 5. 80. 060. The provisions thereof shall be controlling within the limits of the city to include without limitation, the fees, regulatory provisions, and definitions, except as amended and excluding the procedural provisions beyond those required for processing applications, conducting investigations, issuing permits, and enforcing regulatory provisions. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

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Section 5. 80. 040 Definitions

San Diego County Code of Regulatory Ordinances Section 21. 301 is hereby amended to

add the following: s) " City Medallion" means a pre- numbered decal issued annually to the permit holder and placed on a taxicab by the Issuing Officer signifying that the taxicab is authorized to operate in the City of Vista. t) " Issuing Officer" means the City Manager or his or her designee. Prior Code 30- 1 to 30- 18; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

Section 5. 80. 050 Licensing Fees

San Diego County Code of Regulatory Ordinances Section 21. 309 is hereby amended to

read as follows: a) An application for a taxi operator' s license and vehicle permit shall be accompanied by the fee set forth in the San Diego County Sheriff' s Licensing Fee Ordinance. b) In addition to any fee imposed by the County of San Diego for operating a taxicab business, a taxicab operator' s permit application shall be accompanied by a fee as established by the City Council. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 83- 8, Amended 2/ 28/ 83; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

Section 5. 80. 060 Driver' s Identification Card

San Diego County Code of Regulatory Ordinances Section 21. 312( a) is hereby amended to read as follows: a) It shall be unlawful for any driver of a taxicab to pickup or discharge passengers in the City of Vista without a current driver's identification card from the County of San Diego. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

Section 5. 80. 070 Insurance Required

San Diego County Code of Regulatory Ordinances Section 21. 311 is hereby amended to

read as follows: a) It shall be unlawful for any person, firm, partnership or corporation doing taxicab business within the City of Vista to operate any taxicab unless there shall be filed with the City of Vista Business License Division evidence of insurance coverage by a company authorized to carry on insurance business in the State of California with coverage in the amounts that meet the requirements of subparagraph ( b) below. The insurance coverage required by this section shall insure the public against any loss of damage for which the owner is legally liable that may result to any person or property from the operation of any taxicab used by the owner. The taxicab operator shall furnish the Business License Officer with a certificate of insurance coverage as a prerequisite to obtaining a taxicab operator' s license. The certificate shall provide that the insurer will notify the Business License Officer in writing of any policy cancellation and the notice shall be sent to the Business License Officer by registered mail at least 30 days prior to cancellation of the policy. The certificate shall also state: 1) The full name of the insurer; 2) The name and address of the insured; 3) The insurance policy number; 4) The type and limits of coverage;

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5. The specific vehicle( s) insured; 6) The effective dates of the certificate; and 7) The certificate issue date. b) The insurance shall provide coverage for each taxicab in an amount not less than

350, 000 per occurrence, combined single limit for bodily injury and property damage. c) In addition to the requirements in subparagraph ( a) of this section, insurer must also meet the following criteria: 1) Admitted in California by the California Department of Insurance; 2) Insurers must have an A.M. Best Company Financial strength rating of A- excellent) or better; and 3) All companies must have a financial size category of not less than VII seven-$ 50-$ 100 million), or similar Standard and Poor' s rating. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08; Ord. No. 2011- 6, Amended 9/ 15/ 11; Ord. No. 2018- 9, Amended 6/ 12/ 18)

Section 5. 80. 080 Taxicabs Operation, Color, Trademark, or Insignia

San Diego County Code of Regulatory Ordinances Section 21. 317 shall be amended to

add the following: d) Each taxicab licensed by the Issuing Officer to operate in the city shall bear a City Medallion issued by and placed by the Issuing Officer. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

Section 5. 80. 090 Effective Date

The effective date of this chapter is April 11, 2008.

Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

Section 5. 80. 100 Violation and Penalty

Violation of any provision of this chapter is a misdemeanor punishable by imprisonment

not exceeding six months or by fine not exceeding $ 1000 or by both fine and imprisonment unless the City Attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction; or the court, with the consent of the defendant, determines that the offense is an infraction. Each day on which a violation occurs shall constitute a separate offense. Revocation of a license, permit, or certificate shall not be a defense against

prosecution. Prior Code 30- 1 to 30- 18; Ord. No. 65- 39, Repealed and Replaced 8/ 24/ 65; Ord. No. 2008- 9, Repealed and Replaced, 3/ 11/ 08)

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Chapter 5. 84

Teenage Dances

Sections:

5. 84. 010 Definitions
6. 84. 020 Applicability
7. 84. 030 Permit - Required - Eligible Applicants
8. 84. 040 Permit - Classification
9. 84. 050 Permit - Application
10. 84. 060 Permit - Fees Nonrefundable
11. 84. 070 Permit - Investigation - Issuance
12. 84. 080 Permit - Expiration - Renewal
13. 84. 090 Permit - Suspension and Revocation
14. 84. 100 Appeals
15. 84. 110 Supervision and Lighting Required
16. 84. 120 Parking Area Requirements
17. 84. 130 Closing Hour
18. 84. 140 Reentrance of Participants Prohibited
19. 84. 150 Advance Advertising Restricted
20. 84. 160 Use of Alcoholic Beverages Prohibited
21. 84. 170 Loitering Restricted
22. 84. 180 Inspection of Premises
23. 84. 190 Employment of Police
24. 84. 200 Rules and Regulations Generally

Section 5. 84. 010 Definitions

For the purposes of this chapter, the following words and phrases shall have the

meanings respectively ascribed to them by this section: Adult" means any person 21 years of age or over. Adult Sponsoring Group" means a nonprofit organization, one of whose objectives is to sponsor, regulate and control youth activities and child welfare, and which assumes full and complete responsibility for the direction of a teenage dance. Police" or " Policeman" means any private police officer, any peace officer, whether on duty or off duty, reserve deputy or special deputy, employed by any public agency or political subdivision. Private Teenage Dance" means a closed dance for members of an organization and their invited guests. Teenage" means any person 14 or more years of age but under 19 years of age. Teenage Dance" means a dance attended by any teenage person unaccompanied by his parents or guardian. Youth Service Organization" means any bona fide organization whose primary purpose is to provide moral or spiritual development, education or recreation for teenagers. Prior Code 17- 4; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 020 Applicability

The provisions of this chapter do not apply to any teenage dance conducted or

sponsored:

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A. By any agency or department of any City, political subdivision, school district or

other governmental agency; B. In a private home; or C. By any recognized youth service organization for its members and guests only, provided, that the guests shall not exceed the number of members present. Prior Code 17- 5; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 030 Permit - Required - Eligible Applicants

A. In addition to any other permit or license required by law or this Code, it is unlawful for any person to conduct or sponsor any teenage dance in the city, except in accordance with the terms of this chapter and after obtaining a permit therefore as provided in this chapter. B. It is unlawful for any person to secure a permit to conduct or sponsor a teenage dance unless such person is an adult or an adult sponsoring group which has been approved by the License Department and which has assumed full and complete responsibility for the event, its direction and fees. Prior Code 17- 6; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 040 Permit - Classification

The License Department may issue the following classes of teenage dance permits:
A. A Class " A" permit which is issued for a period of one calendar year; or
B. A Class " B" permit which is issued for one day or one night only.

Prior Code 17- 7; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 050 Permit - Application

A. An application for a permit shall be made to the License Department upon a form

prescribed by such department and shall contain such information as the License Department may require by rule or regulations to assist it in determining whether the applicant and the premises qualify for a permit. The application shall be filed with the License Department not less than ten days prior to the scheduled date of the teenage dance. The application shall contain the following: 1. The names and addresses of the applicant or applicants. 2. The date upon which the dance is to be held. 3. The approximate attendance expected at such dance. 4. The names, addresses and phone numbers of all chaperons or supervisors. Two chaperons at least 25 years of age, one of whom shall be a woman, shall be present at every teenage dance. 5. The class of permit and facts upon which the applicant bases his request for the class of permit applied for. 6. A statement containing the following information regarding the place or premises where the teenage dance is to be held:

a. That the premises are reasonably adequate to hold the dance.
b. That the premises do not violate any ordinance of the county or

law of the state relating to health, safety and fire. C. The maximum number of persons that can be safely accommodated on the premises.

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B. The application shall be verified under oath and accompanied by the applicable fee. The application shall be signed by the applicant. In the case of an adult sponsoring group, the application may be signed by any member of the group. C. The License Department may waive the furnishing of any information when such application is filed by a member of a youth service organization when such organization has previously obtained a Class "A" permit from the License Department. Prior Code 17- 8; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 060 Permit - Fees Nonrefundable

In the event that the application is denied or the permit is revoked, no part of any

applicable fee shall be refunded. Prior Code 17- 9; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 070 Permit - Investigation - Issuance

Upon the receipt of an application for a permit under this chapter, and the application

fee, the License Department shall refer the application to the Commanding Officer of the Vista Substation of the Sheriffs Department, who shall make such investigation as it may deem necessary to determine whether the applicant and the premises for which a permit application has been made qualify for a permit. The License Department shall deny any application for a permit if either the applicant or the premises for which the permit application has been made do not qualify for a permit under this chapter. The License Department shall issue a permit if it finds that the applicant is qualified and has not had a permit revoked by the License Department within one year prior to the date of application; and that the place or premises where the teenage dance is to be held do not violate this chapter or the ordinances of the county or the laws of the state; and that the dance will not be contrary to the public health, morals, peace, welfare or safety. The License Department may issue a permit under any conditions which it deems reasonably necessary for the protection of the public health, welfare, morals or safety. Prior Code 17- 10; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 080 Permit - Expiration - Renewal

A. A Class " A" permit issued pursuant to this chapter expires at 12: 00 midnight one

calendar year from the date of issue. Such permit may be renewed upon application of the permittee. The renewal fee shall be the same as the fee prescribed for an original application for such permit and shall accompany the application for renewal. B. A Class " B" permit issued pursuant to this chapter expires at 12: 00 midnight of the date for which it was issued. Such permit shall not be renewed, but a new application shall be filed with the License Department to obtain a new permit. Prior Code 17- 11; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 090 Permit - Suspension and Revocation

Any permit issued pursuant to this chapter may be revoked or suspended by the License Department upon any of the following grounds: A. The misrepresentation of a material fact in the application for a permit by an applicant or by the holder of a permit. B. The violation of any provision of this chapter by the holder of a permit. C. When the continuance of a permit would be contrary to the public welfare, peace or morals. Prior Code 17- 12; Ord. No. 64- 45, Added 10/ 27/ 64)

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Section 5. 84. 100 Appeals

Within five days after receiving written notification from the License Department that an

application for permit under this chapter has been denied, revoked or renewal denied, any applicant or permittee may file a written request for a public hearing before the City Council. Upon filing of such a request, the City Clerk shall fix a time and place for the hearing and shall notify the applicant thereof. At the hearing, the applicant or permittee may present evidence in support of his application. Any interested person may, at the discretion of the City Council, be allowed to participate in the hearing and present evidence. Within ten days after the conclusion of the hearing, the City Council shall render a written report either granting or denying the application for a permit. In this report, the City Council shall state the facts upon which its decision is based. This report shall be filed in the Office of the City Clerk for public inspection and a copy mailed to the applicant. The decision of the City Council is final. Prior Code 17- 13; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 110 Supervision and Lighting Required

All places where teenage dances are held shall be adequately chaperoned and

supervised and adequately lighted at all times when open for dancing, and the intensity of illumination shall not be less than one foot- candle in all parts of the building and premises accessible to participants. Prior Code 17- 14; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 120 Parking Area Requirements

All off-street parking facilities made available for participants of a teenage dance shall be

adequately lighted and supervised. Prior Code 17- 15; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 130 Closing Hour

All teenage dances shall be closed and the premises cleared of participants on or before

the hour of 12: 00 midnight. Prior Code 17- 16; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 140 Reentrance of Participants Prohibited

No minor admitted to a teenage dance shall be permitted to leave and thereafter reenter

the dancing premises during the course of the dance. Prior Code 17- 17; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 150 Advance Advertising Restricted

No teenage dance shall be advertised by use of any media of public advertising prior to

the issuance of the teenage dance permit authorizing such dance. Prior Code 17- 19; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 160 Use of Alcoholic Beverages Prohibited

No alcoholic beverages shall be sold, consumed or be available on the premises in or

about which any teenage dance is held. Admission to a teenage dance shall be denied to any

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person who is or has been drinking any alcoholic beverages or who has any alcoholic beverage on his person. Prior Code 17- 20; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 170 Loitering Restricted

No person, other than a participant at a teenage dance or a member or employee of the

sponsoring group, shall loiter around or about the premises at which a teenage dance is being conducted. Prior Code 17- 22; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 180 Inspection of Premises

Any law enforcement officer of the City or any member of a Fire Department charged

with the duty of law enforcement shall have free access at all times to any teenage dance issued a permit under the provisions of this chapter. Prior Code 17- 23; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 190 Employment of Police

A. The permittee under this chapter shall employ, and there shall be on duty at all

times during any teenage dance, at least one policeman for every one hundred participants with a minimum of one policeman for every exit and entrance. B. Adult sponsoring groups raising funds for use by their organization to promote youth activities may, at the discretion of the Sheriffs Department, dispense with the employment of police, where it can furnish proof of having present a sufficient number of adult persons to maintain order. Prior Code 17- 24; Ord. No. 64- 45, Added 10/ 27/ 64; Ord. No. 64- 45, Added 10/ 27/ 64)

Section 5. 84. 200 Rules and Regulations Generally

The License Department is authorized and empowered to adopt such rules and

regulations as it deems reasonably necessary to carry out the purpose of this chapter, provided, that such rules and regulations shall not become effective until approved by the City Council and a copy of such rules and regulations is filed with the City Clerk. Prior Code 17- 25; Ord. No. 64- 45, Added 10/ 27/ 64)

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Chapter 5. 88

Wrecking Yards and Junkyards

Sections:

5. 88. 010 Applicability
6. 88. 020 Fence Required - Exception
7. 88. 030 Storage of Vehicles in Streets
8. 88. 040 Noncomplying Yards to be Abated as Public Nuisances
9. 88. 050 Record of Purchases
10. 88. 060 Evidence of Non-Operating Vehicles
11. 88. 070 Evidence of Motor Vehicle Wrecking Yard
12. 88. 080 Enforcement of Chapter

Section 5. 88. 010 Applicability

It is expressly declared that this chapter applies to all existing junkyards and all auto

wrecking yards or similar facilities permitted pursuant to applicable zoning regulations of the City. Prior Code 15- 6; Ord. 66- 24, Amended 9/ 6/ 66; Ord. No. 84- 11, Amended 2/ 27/ 84)

Section 5. 88. 020 Fence Required - Exception

No person licensed under this chapter shall store, keep or maintain upon any yard, plot,

space or tract of land in this city any scrap iron, secondhand or used machinery, or secondhand furniture or furnishings; or keep, maintain, repair, store, assemble or disassemble any motor vehicle upon any yard, plot, space or tract of land in this city, unless such yard, plot, space or tract of land is enclosed within a fence six feet in height and constructed of material which has at least one hour fire resistance. This section does not apply to a duly licensed used car lot business. Prior Code 15- 7; Ord. 66- 24, Amended 9/ 6/ 66; Ord. No. 84- 11, Amended 2/ 27/ 84)

Section 5. 88. 030 Storage of Vehicles in Streets

A. No person shall park, keep, maintain, or store upon any public street or alley

within this city any motor vehicle which has been placed in his possession for the purpose of repairing, sale, or storage. B. The provisions of this section do not apply in cases of fires or other emergencies or for temporary parking not in excess of one hour. Prior Code 15- 8)

Section 5. 88. 040 Noncomplying Yards to be Abated as Public Nuisances

Any yard, plot, space, or tract of land which is kept, operated, or used in violation of

Sections 5. 88. 020 and 5. 88. 030 may be summarily abated as a public nuisance. Prior Code 15- 9)

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Section 5. 88. 050 Record of Purchases

Every person licensed under this chapter shall keep a record in written English of

each purchase made by the licensee where the purchase is initiated and completed and delivery is made by the vendor or his agent within the city. This record shall be made on forms furnished by the Sheriff or the Chief of Police and shall show the following: A. The name of the person from whom the goods were purchased, together with the address and description of the person from whom such goods were purchased, and the license number and description of the vehicle in which the goods are delivered to the

purchaser. B. Such record shall be made in triplicate, written, printed or typed in a legible manner, and shall describe the thing or things purchased by the name of the article, the name of the manufacturer, if known, and serial number or numbers, if the article is one which is identified by such numbers. C. Such records shall be kept on file at the place of business of the licensee for a period of two years, and shall be available for inspection by the Sheriff or any of his deputies or the Chief of Police, or any peace officer of this state, at all reasonable times. D. The licensee shall forward on the first day of each week copies of such lists of property so purchased to the office of the Sheriff or of the Chief of Police who shall keep on file in his office for a period of two years all reports so received. Prior Code 15- 10)

Section 5. 88. 060 Evidence of Non- Operating Vehicles

A. Except as otherwise legally authorized by special use permit in the M- 1 zone, the

presence on any lot or parcel of land of two or more motor vehicles which are not capable of operating under their own power shall constitute prima facie evidence of the storage of non- operating motor vehicles. B. As to any lot or parcel of land improved with residence buildings or occupied by a bona fide residence, the person so occupying the same may store one non- operable vehicle as defined in this chapter, provided that such vehicle is either contained: 1. Within an enclosed garage located on the lot or parcel of land on which the residence is located; or 2. On the rear one- third of the lot or parcel of land on which the residence is located, provided that such vehicle is screened from public view by six- foot fencing approved by the City Manager or his designee. C. This section does not apply to motor vehicles which are registered as classic or antique motor vehicles as determined by the California Department of Motor Vehicles. Storage of more than one non- operable vehicle, including registered classic or antique motor vehicles, will only be allowed by minor use permit. D. This section shall prevail over all other code sections as it relates to the interpretation of non- operable vehicles. Prior Code 15- 11; Ord. 66- 24, Amended 9/ 6/ 66; Ord. No. 83- 42, Amended 8/ 8/ 83; Ord. No. 84- 11, Amended 2/ 27/ 84)

Section 5. 88. 070 Evidence of Motor Vehicle Wrecking Yard

The presence on any lot or parcel of land of two or more motor vehicles which are not capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard.

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Prior Code 15- 12; Ord. 66- 24, Amended 9/ 6/ 66; Ord. No. 83- 42, Amended 8/ 8/ 83; Ord. No. 84- 11, Amended 2/ 27/ 84)

Section 5. 88. 080 Enforcement of Chapter

The City Manager or his designee is directed to enforce the provisions of this chapter.

Prior Code 15- 13; Ord. 66- 24, Amended 9/ 6/ 66; Ord. No. 83- 42, Amended 8/ 8/ 83; Ord. No. 84- 11, Amended 2/ 27/ 84)

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Chapter 5. 90

Day Labor Employment

Sections:

5. 90. 010 Definitions
6. 90. 020 Compliance
7. 90. 030 Hiring Day Laborers
8. 90. 040 Registration Certificates; Application and Issuance
9. 90. 050 Registration Certificates; Renewals
10. 90. 060 Registration Certificates; Updates
11. 90. 070 Maintenance, Inspection and Display of Records
12. 90. 080 Responsible Department
13. 90. 090 Limitation
14. 90. 100 Enforcement and Penalties

Section 5. 90. 010 Definitions

For purpose of this chapter, the following terms shall have the meanings set forth below.
Act" means the Immigration Reform and Control Act of 1986, as it may be amended

from time to time. Agent" means a natural person who, on behalf of an employer and with the employer' s

consent, makes an offer of employment. day labor Consent can be conveyed in writing, orally, or tacitly through an employer' s practice of hiring persons identified or selected by such person. Authorized Agent" means any person listed on a current registration certificate as an agent of the employer for purposes of making offers of day labor employment. Day Laborer" means a person who accepts an offer of day labor employment or otherwise performs day labor employment. Day Labor Employment" means employment satisfying each of the following characteristics: ( 1) the initial employment offer occurs at an uncontrolled location; ( 2) promptly or shortly after the employment offer is made, the employer, directly or through an agent, transports the employee from the uncontrolled location to a different location where the employee will work; and ( 3) the duration of employment does not exceed two days. Any offer of employment satisfying clauses ( 1) and ( 2) is presumed to be for two days or less. The presumption may be rebutted by presenting evidence of a written employment contract for a period of three or more days. Effective Date" means the date on which a registration certificate is issued and becomes effective. Employer" means a natural person, corporation, business or other entity which: ( 1) hires a person to perform day labor employment; or ( 2) makes an offer to hire a person to perform day labor employment whether directly or through an agent. Expiration Date" shall mean the first June 30 of an even year following the date of issuance for a registration certificate. Notwithstanding the foregoing, if the date of issuance falls on or between May 1 and June 29 of an even year, the expiration date shall be the second June 30 of an even year following the date of issuance. Person" means any natural person, corporation, business, or other entity, including, without limitation, any employer, agent, or authorized agent. Responsible Department" shall have the meaning provided in Section 5. 90. 080.

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Registration Certificate" means a certificate issued and executed pursuant to Section

5. 90. Term Sheet" means a sheet that is formatted for the signature of the employer or an

authorized agent and which includes the following: ( 1) the name, address and phone number of the employer; ( 2) the name of the person, whether the employer or the employer' s authorized

employment; (agent, who made the offer of day labor 3) the signature of the person making the

offer of day labor employment; ( 4) the name of the day laborer; ( 5) the type of work to be performed by the day laborer; ( 6) the hourly rate of pay to be earned by the day laborer; ( 7) if known, the exact number of hours to be worked by the day laborer; ( 8) if the exact number of hours to be worked is not known, the range of hours to be worked with both a minimum number and maximum number; ( 9) the address of each work site at which the day laborer will be working; and ( 10) whether the day laborer, upon concluding work, will be transported to the original location at which an offer of work was made or if the day laborer will be required to make personal arrangements for transportation from the work site. All information on a term sheet shall be pre- printed or legibly written. Uncontrolled Location" means all locations except: ( 1) a property owned, rented or otherwise controlled employer; or ( 2) a property where the employer serves as a by the contractor or subcontractor, provided that any work offer made by the employer or an agent is for work at that property. Valid Registration Certificate" means a registration certificate prior to the passage of its expiration date. When a person is required to possess or display a valid registration certificate, the person may present or display the original certificate or a full- sized color photocopy of the original certificate. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 020 Compliance

Each employer or agent who makes an offer of day labor employment or who hires an

individual to perform day labor employment shall comply with this chapter. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 030 Hiring Day Laborers

A. It is unlawful for a person to make an offer of day labor employment, cause an offer of day labor employment to be made, or to hire a person to perform day labor employment unless the person making the offer or causing the offer to be made assures that each of the following is satisfied: 1. The employer which will hire the day laborer holds a valid registration certificate. 2. Any person making an offer of day labor employment shall physically possess a valid registration certificate and be listed on it as either the employer or an authorized

agent. 3. At the time an offer of day labor employment is made, a valid registration certificate shall be attached to the passenger side window of any vehicle to be used to transport a an uncontrolled location to a work site. The certificate shall remain posted day laborer from until all day laborers offered employment at a particular location have entered the vehicle. The certificate shall be removed from the window prior to commencing operation of the vehicle. 4. Any person making an offer of day labor employment shall provide the day laborer with a complete and executed term sheet immediately following the day laborer's acceptance of day labor employment and prior to operation of the vehicle transporting the day laborer.

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B. When an offer of day labor employment is made by an agent, the agent is

deemed to have made the offer and the employer is deemed to have caused the offer to be made. Both the agent and the employer are independently responsible to assure compliance with this section. In addition, for purposes of this section, an offer is deemed to have been made by an agent or employer if the agent or employer agrees to hire a person as a day laborer after that person approaches the agent or employer regarding the availability of day labor employment. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 040 Registration Certificates; Application and Issuance

Registration certificates shall be processed and issued in accordance with this section. A. An application shall include the following information and shall be presented with a government- issued photo identification establishing the applicant' s identity: 1. The employer' s name, address, and telephone number. 2 The names and addresses of all persons authorized to act as the employer's agents for purposes of making offers of day labor employment. 3. Such information as the responsible department deems necessary to determine whether or not the employer requires a City business license. 4. Such other information, if any, as deemed relevant by the responsible department. B. A complete application shall include an acknowledgment that the employer has received the following informational documents: 1. A document describing employer obligations under Vista Municipal Code, Chapter 5. 04, Business Licenses. 2. A publication prepared by United States Citizenship and Immigration Services describing employment verification requirements and legalized status requirements imposed on employers by the Immigration Reform and Control Act of 1986. 3. A copy of an Employment Eligibility Verification Form ( Form I- 9) that employers must use in order to comply with the Act. 4. A publication prepared by United States Citizenship and Immigration Services describing the monetary and criminal penalties for employers who violate the Act. 5. A publication describing the requirements of the California Workers Compensation law. 6. A publication describing the requirements of the California Labor Code. 7. In response to legislative changes, the responsible department may choose to select documents to distribute to employers which differ from those set forth in this subsection in order to more effectively advise employers of applicable and relevant laws. C. The application and acknowledgment shall be executed under the penalty of perjury. D. The employer shall execute a written commitment to update a registration certificate within five days of the date that information in a registration certificate becomes inaccurate or incomplete. E. Within two business days of receiving a complete registration, the responsible department shall issue a registration certificate. The certificate shall be mailed to the employer' s business address or, at the employer' s request, made available for pick- up at the offices of the responsible department. F. The registration certificate shall set forth on its face: ( 1) the employer' s name, address and telephone number; ( 2) the name and address of all authorized agents; ( 3) the effective date for the certificate; ( 4) the expiration date for the certificate; ( 5) the signature of a representative of the responsible department; ( 6) an individual certificate number for each

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certificate; and ( 7) such other useful information or identifying features as shall be required by the responsible department in furtherance of the purposes of this chapter. G. No fee shall be charged for processing the application, application for renewal, application update, or registration decal unless the City Council first approves the fee by resolution. A fee shall not exceed the cost of processing the application. H. Each application and registration certificate shall constitute a public record that will be available for inspection upon request by any interested party. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 050 Registration Certificates; Renewals

Renewals of valid registration certificates shall be processed and issued in accordance

with this section. A. The employer shall be responsible for submitting a complete application to renew a registration certificate at least 30 days prior to the expiration date for that certificate. B. The application for renewal shall require the same information, employer acknowledgments, and verifications as were required for the original application. C. If the responsible department receives a complete and timely application for renewal, the department shall mail the employer a renewed registration certificate at least five days prior to the expiration date set forth in the prior certificate. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 060 Registration Certificate; Updates

An employer shall process an application to update a registration certificate before the

certificate becomes incomplete or inaccurate, or if that is not possible, promptly after learning that the registration certificate is incomplete or inaccurate. Requests for updated registration certificates shall be processed within five business days of receipt of a complete application. Any application to update a certificate shall be executed under the penalty of perjury. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 070 Maintenance, Inspection and Display of Records

A. Employers and agents shall maintain records and make records available as required by this section. 1. An employer or agent receiving a request to examine the employer's registration certificate shall make the certificate available for inspection upon demand by: a. Any person considering an offer of day labor employment. b. Any person that has performed day labor employment for the employer within the last two years.

C. without Any employee, officer, or agent of the City, including,

limitation, deputies of the County Sheriff. person with d. Any law enforcement or regulatory monitoring functions employed by or behalf of a state or federal agency. 2. An employer or agent receiving a request to examine a term sheet for a person hired as a day laborer shall, upon demand, make the certificate available for inspection by: a. The day laborer or any person authorized by the day laborer to examine the record. b. Any employee, official or agent of the City, a state agency, or a federal agency authorized by law to examine the record.

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each employer and agent shall make available 3. As required by law,

records to federal, state, and local agencies and their employees or representatives. 4. Any person authorized to examine a record pursuant to this section may request the employer to make a copy of that record or records at a cost of 25 cents a page or such other higher amount as may be approved by the responsible department in a written policy or regulation. 5. Each employer shall maintain copies of all term sheets for a period of three years or such longer period as may otherwise be required by law. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 080 Responsible Department

A. The responsible department for administering and implementing this chapter shall be the Finance Department or such other department as the City Manager may designate through a written policy. B. The responsible department shall have the authority and powers set forth in this chapter, including the authority to: 1. Prepare all application forms, instructions and associated materials for registration certificates, certificate renewals, certificate updates, term sheets, and similar documents. 2. Process all applications and take other actions consistent with this

chapter. 3. Prepare rules and regulations for purposes of implementing this chapter. The responsible department, in its discretion, may establish rules and regulations to require persons to display a City- issued registration decal rather than displaying a valid registration certificate as a means to satisfy the requirements of Subsection A. 3 of Section 5. 90. 030. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 090 Limitation

This chapter only applies when a person receives or accepts an offer of day labor

employment made within the territorial boundaries of the City of Vista. Nothing in this chapter is intended to impose a mandatory duty or other obligation on any employee, officer, or agent of the City of Vista. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

Section 5. 90. 100 Enforcement and Penalties

The City Attorney, County Sheriff and deputies, Code Compliance Officer and their

deputies have the authority to enforce the provisions of this ordinance. Violations of any provision of this chapter may be enforced by civil administrative citation or a civil action including an action for injunctive relief. Violation of any provision of this chapter shall constitute a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding 1, 000 or by both fine and imprisonment. Ord. No. 2006- 9, Enacted, 6/ 27/ 06)

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Chapter 5. 92

Bargain Basement Stores

Sections:

5. 92. 010 Definitions
6. 92. 020 License Requirement
7. 92. 030 Application
8. 92. 040 Decision
9. 92. 050 Appeal
10. 92. 060 License Revocation
11. 92. 070 Time Limits; Limitation of Rights
12. 92. 080 Regulations

Section 5. 92. 010 Definitions

The following terms, when used in this chapter, shall have the following meanings:

Bargain Basement Store," shall mean: any for- profit or non- profit store ( including any establishment, operation or enterprise) with one or more of the following characteristics: ( 1) a majority of the store' s merchandise is offered for sale at a price equal to or below $ 5. 00; ( 2) merchandise priced at or below $ 5. 00 occupies at least one half of the store' s floor area which is devoted to retail sales; ( 3) used items represent a majority of the merchandise offered for sale in the store; or ( 4) used merchandise occupies at least one half of the floor area in the store devoted to retail sales. The definition of bargain basement store excludes: ( i) bona fide antique stores; ( ii) consignment stores; ( iii) stores which primarily engage in the sale of used books, periodicals, videos, or DVDs; ( iv) stores specializing in the sale of highly collectible items such as used coins, stamps, baseball cards, and other similar collectibles; and ( v) a store, where, the majority receipts or number of items sold) consist of food and/ orof the items sold ( measured by beverage items. Director" means the Director of Finance, or such other person as the City Manager may designate. Owner" means any person or entity with a direct or indirect legal or beneficial interest in the bargain basement store equal to or exceeding ten percent. Redevelopment Project Area" or " Project Area" shall mean the Redevelopment Project Area for the Vista Redevelopment Project as established by Ordinance No. 87- 25 of the City of Vista. Used Merchandise" shall mean all forms of used items, including ( without limitation) items that were formerly used, but have been repaired, refurbished, and/or repackaged. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

Section 5. 92. 020 License Requirement

A. Except as provided in Paragraph B, it shall be unlawful for a bargain basement

store to operate within the Redevelopment Project Area for the Vista Redevelopment Project, unless a license is first obtained pursuant to this chapter. B. A license shall not be required for any bargain basement store operating in the Redevelopment Project Area as of the effective date of this chapter, provided that the bargain basement store does not expand, relocate, or intensify its operations. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

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Section 5. 92. 030 Application

A. An applicant for a bargain basement store shall complete an application using a form prepared by the Director and pay such fee for processing the application as may be set by the City Council. B. An application shall provide the following information, along with such additional information as may reasonably be required by the Director, as part of the application: 1. A description of the types of merchandise to be sold. 2. A description of the operating plan and business plan for the store. 3. If used merchandise is to be sold in amounts that qualify the store as a bargain basement store, the applicant shall list, for each owner, all convictions within five years of the date of the application ( anywhere in the United States) for dealing in stolen merchandise, theft, or any similar offense. 4. If used merchandise is to be sold in amounts that qualify the store as a bargain basement store, the applicant shall list store manager and all convictions ( anywhere in the United States) within five years of the date of the application for dealing in stolen merchandise, theft, or any similar offense. 5. Information on whether the bargain basement store will promote the health, safety and welfare of the community, with particular emphasis on whether the bargain basement store will advance or inhibit the goals of the Vista Redevelopment Plan. C. The applicant, as part of its application, may present such additional evidence and materials that the applicant determines will support its application or otherwise be useful to the City. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

Section 5. 92. 040 Decision

A. The application shall be reviewed by the Director who may approve, conditionally approve or deny the application. B. The application shall be denied if: 1. The application includes a material misrepresentation or omission of fact. 2. If the applicant proposes to sell used merchandise in amounts that qualify the store as a bargain basement store, and owner or a listed manager, within five years of the date of the application, has a conviction ( anywhere in the United States) for dealing in stolen merchandise, theft, or any similar offense. 3. The Director is unable to make one of the following findings: a. The bargain basement store, as proposed, will significantly contribute to achieving the goals set forth in the Vista Redevelopment Plan. b. Although the bargain basement store may not significantly contribute to achieving the goals set forth in the Vista Redevelopment Plan, it will: ( i) provide substantial community benefits which are largely unmet; and ( ii) those benefits outweigh any adverse impact on the City, its goals, and/ or the goals to be advanced through the Redevelopment Plan. C. Within 30 days of receiving a complete application, the Director shall render a decision in writing which shall be conveyed to the applicant at the address provided in the application. If a license is issued, it shall include any conditions reasonably required by the Director. If a license is denied, the grounds for denial shall be communicated to the applicant. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

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Section 5. 92. 050 Appeal

A. Within ten days of the date of a written decision of the Director, any interested

party may file an appeal with the City Clerk. The appeal shall set forth the basis for the appeal, and include payment of any appeal processing fee set by the City Council. B. A hearing to consider the appeal shall be set and interested parties may submit evidence in support or opposition to the appeal. The appeal shall be considered by the City Council de novo using the review criteria set forth in Section 5.92.040. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

Section 5. 92. 060 License Revocation

A. A license may be revoked if ( 1) the application for the initial license included a material misrepresentation or omission of fact; ( 2) the business or operations plan presented in the initial application has changed in material respects to adversely affect the City, the community, or the goals set forth in the Redevelopment Plan; or ( 3) the owner or a manager of the store is convicted of trafficking in stolen goods, theft, or similar offense subsequent to the issuance of the license. B. If the Director initiates a license revocation proceeding, the Director shall advise the licensee in writing of the grounds for the possible revocation and set a hearing to consider the license revocation no earlier than 30 days from the date of the notice. C. The revocation hearing shall use such rules as may be set by the City Manager or the City Manager' s designee for purposes of assuring a fair hearing. The hearing on the revocation shall be conducted by the City Manager or the City Manager' s designee, who shall produce a written decision. Unless it is determined that oral testimony and argument is required to satisfy due process, the City Manager or the City Manager' s designee may make a decision based solely on the written record. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

Section 5. 92. 070 Time Limits; Limitation of Rights

A license issued under this chapter shall not convey any vested rights to operate at a

particular location. A licensee shall be obligated to abide by all current and future zoning requirements, including zoning requirements that may require the licensee to relocate or terminate operations. Unless terminated earlier, the license shall terminate automatically on its fifth anniversary date. Any subsequent reapplication shall be considered de novo, with no vested right accruing to the former licensee. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

Section 5. 92. 080 Regulations

The City Manager may adopt regulations or policies for the implementation and

administration of this chapter, provided that the regulation or policies are not in conflict with the

chapter. Urgency Ord. No. 2007- 21, Enacted, 10/ 30/ 07; Ord. No. 2007- 24, Enacted, 11/ 27/ 07)

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Chapter 5. 94

Medical Cannabis Dispensaries

Sections:

5. 94. 010 Purpose and Intent
6. 94. 020 Operation Prohibited Without Permit
7. 94. 030 Definitions
8. 94. 040 Registration Required and Effect Thereof
9. 94. 050 Applications for Medical Cannabis Dispensary Business License
10. 94. 060 Registration Application Form, Manner, Timing, and Priority Order
11. 94. 070 Issuance and Renewal of Registration
12. 94. 080 General Operating Standards and Restrictions
13. 94. 090 Location Restrictions and Limitations
14. 94. 100 Transferability of Medial Cannabis Business License and Certificate of Occupancy
15. 94. 110 Violations and Penalties
16. 94. 120 Appeals
17. 94. 130 Prohibited Operations and Nonconforming Use
18. 94. 140 Taxes
19. 94. 143 Tax Reporting, Remittance, Penalization, and Administration Rules
20. 94. 147 Coordination of Tax Provisions of Chapters 5. 94 and 7. 10
21. 94. 150 Severability
22. 94. 160 Consistency with Statewide Regulation of Cannabis
23. 94. 170 Amendments and Administration

Section 5. 94. 010 Purpose and Intent

The purpose of this chapter is to establish a comprehensive set of regulations with

attendant regulatory permits applicable to the operation of medical cannabis dispensaries. The regulations are intended to ensure such operations are consistent with the overall health, welfare and safety of the city and its populace, and that such operations are in compliance with California' s Compassionate Use Act of 1996 as well as California' s Medical Marijuana Program Act of 2003. Furthermore, the purpose of this chapter is to establish a framework for regulation consistent with the Medical Marijuana Regulation and Safety Act of 2015 as drafted, and also any future regulations contemplated by the Bureau of Medical Marijuana, Department of Consumer Affairs, the Department of Health and Safety, the Department of Agriculture, or any other governmental agency in its promulgation of rules and laws pertaining to commercial cannabis activities throughout the State of California. This chapter is not intended to permit activities that are otherwise illegal under state or local law. This chapter is not intended to conflict with federal or state law. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 020 Operation Prohibited Without Permit

It shall be unlawful to own, establish, operate, use, or permit the establishment or

operation of a medical cannabis dispensary, or to participate as an employee, contractor, agent, volunteer, or in any manner or capacity other than as provided in this chapter. The general prohibition contained in this section shall include renting, leasing, or otherwise permitting a medical cannabis business to occupy or use a location, vehicle, or other mode of transportation.

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Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 030 Definitions

The following definitions shall apply to this chapter unless the context clearly denotes otherwise: Applicant" means a person or legal entity who is required to file an application for a license under this chapter. Attorney General Guidelines" shall refer to the California Attorney General Guidelines for the Security and Non- diversion of Marijuana Grown for Medical Use, issued by the Attorney General' s Office in August 2008, as amended from time to time, which sets regulations intended to ensure the security and non- diversion of Cannabis grown for medical use by qualified patients or primary caregivers. Business Licensing Division" as used in this Chapter is defined to mean the department within the City that reviews, issues, and manages business licenses. Cannabis Business" or " Commercial Cannabis Business" shall have the meaning assigned to the term " commercial cannabis activity" by Section 26001 of the Title XVI of the California Code of Regulations. Cannabis Dispensing Room" means the location in a medical cannabis dispensary where medical cannabis is stored and dispensed to qualified patients as opposed to a lobby area within the dispensary. City" means the city of Vista. Collectives" and " Cooperatives" when referring to medical cannabis organizations, both mean associations of qualified patients or primary care givers who associate, as an incorporated or unincorporated association, to collectively or cooperatively cultivate, process, and distribute medical cannabis for use exclusively by their registered members, in strict accordance with California Health and Safety Code sections 11362. 5 and 11362. 7 et seq. Concentrated Cannabis" shall have the same definition as given such term in California Health and Safety Code § 11006. 5, as may be amended, and which defines Concentrated Cannabis" as the separated resin, whether crude or purified, obtained from Cannabis. Edible" shall have the same definition as set forth in Health and Safety Code Section 113781, until such time that MMRSA or the Department of Public Health sets forth a new definition. Gross Sales" shall have the same meaning as is given to the term " Gross Receipts" pursuant to Section 7. 10. 020 of the Vista Municipal Code. Identification card" has the same definition as set forth in Health and Safety Code section 11362. 7. Location" means any parcel of land, whether vacant or occupied by a building, group of buildings, or accessory buildings, and includes the buildings, structures, yards, open spaces, lot width, and lot area. Live scan" means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice ( DOJ) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the city council. Marijuana" has the same definition as set forth in the Health and Safety Code section 11018, and includes cannabis.

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Medical Cannabis" means marijuana or cannabis used for medical purposes in accordance with the Compassionate Use Act ( Health and Safety Code section 11362. 5) and the Medical Marijuana Program Act ( Health and Safety Code sections 11362. 7 et seq.). Qualified member" means either a qualified patient, a person with an identification card, or a primary caregiver who has joined the collective. Notice of Completed Registration" means a written notice to an applicant for collective or cooperative registration issued by the City as a ministerial duty indicating that the application is complete and accurate. Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for- profit entity, and includes the plural as well as the singular number. Person or entity engaged in the operation of a commercial cannabis business" means a registered business commencing, conducting, operating, or managing a cannabis business and the exercise of corporate or franchise powers, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business within the City if: 1. Such person or person' s employee maintains a fixed place of business within the City for the benefit or partial benefit of such person; 2. Such person or person' s employee owns or leases real property within the City for business purposes; 3. Such person or person' s employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business; 4. Such person or person' s employee regularly conducts solicitation of business within the City; and 5. Such person or person' s employee performs work or renders services in the City. The foregoing specified activities shall not be a limitation on the meaning of "engaged in business." Person with an identification card" has the same definition as set forth in Health and Safety Code section 11362. 7, and as may be amended, and which provides that " Person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this article [ being Article 2. 5 of Chapter 6 of Division 10 of the Health and Safety Code]. Physician' s referral" means a written recommendation for a patient from a licensed medical doctor indicating that Cannabis would be a beneficial treatment for a serious medical condition of the patient. Qualified Patient" has the same definition as set forth in Health and Safety Code section 11362. 7( f). Reasonable Compensation" means compensation commensurate with wages and benefits paid to officers and employees of other not-for-profit organizations who have similar job descriptions and duties, required level of education and experience, prior individual earnings history, and number of hours worked, including without limitation, the proportionate cost of cultivation, materials, time, experience, and other expenditures reasonably related to the cultivation, transportation, treatment, and storage of medical Cannabis. Registered business" means a person which is included on a registration list maintained by the City in accordance with Chapter 5. 94 of the Vista Municipal Code, until such time that the registration expires. Registration list" means the list of registered medical cannabis collective and cooperative maintained by the City.

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School" means any pre-existing public or private school with students in any grade K-

12. Tax administrator" means the Director of Finance of the City of Vista, the Director of Finance' s designee( s), or any other City officer charged with the administration of the provisions of this Chapter. Measure Z, Added, 12/ 11/ 18; Ord. No. 19- 09, Amended, 6/ 25/ 19)

Section 5. 94. 040 Registration Required and Effect Thereof

Nothing in this Article shall be construed to grant any registrant any status or right other

than the right to be identified on the City' s registration list, and to receive a Notice of Completed Registration, a Certificate of Occupancy, and a gross receipts business license, and the right to assert an affirmative defense to administrative, civil, and criminal enforcement of the City of Vista Municipal Code based on conduct in compliance with this Article and with California law. cannabis business, its members, officers, directors, managers,A duly registered medical employees, and volunteers, shall not be subject to administrative, civil, or criminal sanctions based on the City of Vista Municipal Code solely on the basis of conduct in compliance with this Article and with California law. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 050 Applications for Medical Cannabis Dispensary Business License

A. The owner, operator, or agent of a proposed medical cannabis business or dispensary shall file an application with the City or its designee upon a form provided by the City and shall pay a filing fee as established by resolution adopted by the City Council as amended from time to time. Additionally, Applicants shall be required to deposit into a trust account held by the City of Vista, the amount of one hundred thousand dollars ($ 100, 000. 00), as an initial showing of the resources available to Applicant for any fees, improvements to the building/ structure, or any other costs associated with the application process, including fees incurred by the City in its evaluation of the application. B. Each application for a medical cannabis business or dispensary business license shall be submitted to, and as directed by the City on forms of his or her devising, in the name of each applicant for registration, and shall be signed by each applicant or an authorized agent thereof. The application shall include the following information: 1. A written request to be registered and placed on the medical cannabis business registration list. 2. The name, mailing address, and telephone number of the applicant. 3. The business name and street address for which registration is sought, as well as any other names under which the business may operate. 4. Address of the location where the medical cannabis business will be located. 5. Proof that the applicant owns or currently leases the property. If the property is being leased, rented or purchased under contract, a copy of such contract or fully executed lease must be submitted with the application. 6. If the property is being rented or leased, the applicant must submit a signed and notarized authorization acknowledging that the current owner of the property is aware of the intended use as a medical cannabis business and consents to such use. 7. A site plan describing the property with fully dimensioned interior and exterior floor plans including: electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the Americans with Disabilities Act. Any improvements or alterations to the property that require building permits must be submitted to the Building and Safety Division separately for review/approval.

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8. Exterior photographs of the entrance( s), exit( s), street frontage( s),

parking, front and rear side( s) of the property. 9. Photographs depicting the entire interior of the proposed property. 10. If the medical cannabis business/ collective is a non- profit corporation, a certified copy of the Collective' s Secretary of State Articles of Incorporation, Certificate( s) of Amendment, Statement( s) of Information. 11. If the medical cannabis business or collective is an unincorporated association, a copy of the Articles of Association must be provided. 12. A one- page description of the business and its plans for security and non- diversion of medical cannabis. 13. A copy of the Medical Cannabis operating standards with a statement dated and signed by the responsible party on- site stating under the penalty of perjury, that they read, understand, and shall ensure compliance with the aforementioned operating standards. 14. Applicant(s) must not have suffered any felony drug convictions within the last 4 years. This may be evidenced by a " live- scan" completed within 60 days of the filing of the application showing no felony drug convictions within the last 4 years. 15. Documentation that the business is located in a zone allowed by this Chapter and documentation indicating that the business conforms with the appropriate buffer zones described in this Chapter. 16. Applicant' s business must have been in existence for a minimum of six 6) contiguous months prior to the issuance of a business license under this Article. 17. Applicant must have a current Board of Equalization Seller' s Permit that has been in existence for a minimum of six ( 6) contiguous months prior to the issuance of a business license under this Article. 18. A security plan including the following measures: a. Security cameras shall be installed and maintained in good condition, and used in an on- going manner with at least 30 days of digitally recorded documentation. b. The business space shall be alarmed with a centrally monitored fire and burglar alarm system, and monitored by an alarm company. C. Entrance to the dispensing area or " medication room" and any storage areas shall be locked at all times, and under the control of employees. d. Interior Lighting. The premises within which the medical cannabis business is operated shall be equipped with and, at all times during which is open to the public or any portion thereof, shall remain illuminated with overhead lighting fixtures of sufficient intensity to illuminate every place to which members of the public or portions thereof are permitted access with an illumination of not less than two foot- candles as measured at the floor level. e. Exterior Lighting. The exterior of the premises upon which the medical cannabis business is operated shall be equipped with and, at all times between sunset and sunrise, shall remain illuminated with fixtures of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than one foot- candle as measured at the ground level, including, but not limited to, landscaped areas, parking lots, driveways, walkways, entry areas, and refuse storage areas. f. All windows on the building that houses the dispensary shall be appropriately secured and all cannabis securely stored, and a reliable, commercial alarm system shall be installed and maintained. 19. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct. Measure Z, Added, 12/ 11/ 18)

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Section 5. 94. 060 Registration Application Form, Manner, Timing, and Priority Order

A. The City shall, within 15 calendar days of the date of the adoption of this Article, create registration application forms and instructions that strictly require only the information required pursuant to Sec. 5. 94. 50 of this Article, and shall begin accepting applications on a published date within 30 calendar days of the date of the adoption of this Article. B. At least seven calendar days prior to the date the City will begin accepting applications for registration, the City shall publish, on the City's website and once in a daily newspaper of general circulation, the date, time, and manner on and in which the medical cannabis businesses must submit registration application forms and the required fee, and shall make publicly available those forms and instructions at City Hall and on the City's website. C. Each applicant shall deposit into a trust account held by the City of Vista, the amount of one hundred thousand dollars ($ 100, 000) to be used in the application process and to ensure the applicant' s ability to pay for various security and compliance measures as determined by the City throughout the application process. D. As each applicant submits its registration application and fee pursuant to this application with the date and time received. SevenArticle, the City shall time- stamp the calendar days after the date the City begins accepting applications, the City shall stop accepting applications and shall that day establish a priority list that identifies by name, address, date and time the order in which the applications were received. The City shall rank the applications in the order in which they are first filed. The City shall process each application according to its rank. An applicant may only be assigned one place on the priority list, and multiple submissions will result in immediate disqualification from the registration process. E. Within seven calendar days of establishing the priority list, the City shall publish the priority list on the City' s website and once in the local daily newspaper of general circulation. F. The order set forth in the priority list shall remain in effect until all applicants on the priority list have either been issued a medical marijuana business license, or have been determined to not qualify, at which time, should the number of current valid registrations fall below that established by Sec. 5. 94. 90 of this Article, a new date and time will be set for submission of the additional applications following the process set forth herein, but not more frequently than once every 180 days. G. Following establishment of the priority list, the City shall begin processing, as ministerial duty, the registration applications for medical cannabis businesses in the order established by the priority list. The City shall continue processing the applications until the maximum number of medical cannabis businesses registrations have been issued a Notice of Completed Registration and placed on the registration list. This processing shall consist of verification of the information required by Sec. 5. 94. 50 as complete and accurate. H. No medical cannabis business' rank on the priority list shall be assigned, transferred, or sold. Any attempt to assign, transfer, or sell a priority ranking shall render the application null and void. Any person, collective, or cooperative attempting to assign, sell, or transfer a priority ranking or any person, collective, or cooperative attempting to acquire a priority ranking outside the provisions set forth herein shall be immediately disqualified from the registration process for three years. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 070 Issuance and Renewal of Registration

A. Upon receipt of an application for registration, the City shall, as a ministerial duty,

complete the processing and issue a Notice of Completed Registration and place the applicant on the registration list within 30 calendar days, to be tolled if, and only if, requested by the applicant to allow processing time unless:

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1. The application is incomplete or inaccurate; or
   2. The applicant has failed to provide information reasonably necessary for

processing the registration application or has knowingly answered an application question or request for information falsely; or 3. The application seeks registration for a medical cannabis business that is located within 1000 feet of a school, as herein defined, or is not located in an allowable zone or outside the required buffer zones listed in this Article; or 4. The Applicant does not possess a California State Board of Equalization Seller's Permit or License to Sell Nursery Stock has been granted for the applicant; or 5. An applicant is a licensed physician actively making patient recommendations B. If the City fails to either issue a Notice of Completed Registration or deny the application for registration in writing stating the reasons for denial, within 30 calendar days of receipt of the application, the registration shall be deemed complete, the Notice of Completed Registration deemed issued, and the medical cannabis business deemed to be on the registration list, and thus deemed eligible for a Certificate of Occupancy and business license as below. C. Once all available Notices of Completed Registration are issued or deemed issued, no applications will be accepted or considered until such time as additional Notices of Completed Registration are available. When additional Notices of Completed Registration become available, applications will then be taken and will be considered as provided herein upon the timely filing of a new application therefrom. D. Registration shall be valid for two years and an application for renewal must be filed not later than 30 calendar days prior to the expiration of the registration, but no earlier than 60 calendar days prior to the expiration of the registration. A registration may be renewed every two years by submitting an application for renewal to the City. E. Once an applicant has been issued a Completed Registration, the applicant may not be charged with violation of 5. 94. 020 or 5. 94. 110, unless or until such time that the application is deemed to have not qualified for a medical cannabis business license. F. Once issued a Notice of Completed Registration and placed on the registration list, the collective or business shall be eligible for a Certificate of Occupancy, which shall be issued upon completion of all standard building and fire inspections, including all parking requirements as are determined by Section 5. 94. 080 of this code. If the Certificate of Occupancy is not issued, or denied in a writing stating the grounds upon which it is denied, it shall be denied. G. Once issued its Certificate of Occupancy, a medical cannabis business shall be eligible for a business license that shall be issued as a ministerial duty immediately upon application. H. The City shall not require a medical cannabis business to obtain any special use or conditional use permit other than is required in Sec. 5. 94. 50 above. This provision is included to meet the requirements and concerns expressed by the California Court of Appeal in Pack v. Superior Court ( 2011). City officials will not be required to violate any Federal criminal statute. No special site plan, variance, or any other permit or certificate other than those specified in this Ordinance, shall be required by the City and none shall be issued for said collectives, cooperatives, and businesses. The City shall issue, as a ministerial duty, Notices of Completed Registration, Certificates of Occupancy, and business licenses to qualified cannabis businesses in priority order as received and processed. Measure Z, Added, 12/ 11/ 18)

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Section 5. 94. 080 General Operating Standards and Restrictions

A medical cannabis dispensary shall operate in conformance with the following minimum

standards, and such standards shall be deemed to be part of the conditions of approval on the permit for a medical cannabis business to ensure that its operation is in compliance with California law, the Attorney General Guidelines, the Medical Marijuana Regulation and Safety Act, and the Vista Municipal Code, and to mitigate any potential adverse impacts of the medical cannabis business on the public health, safety or welfare. A. Security 1. At least one ( 1) security guard, armed or unarmed, who is licensed by the State of California shall be present at the location of the medical cannabis business during all business hours. The security guard shall only be engaged in activities related to providing security for the medical cannabis business, except on an incidental basis. Each security guard shall possess a " Security Guard Card" at all times. 2. Security cameras shall be installed and maintained in good condition, and used in an on- going manner with at least 30 days of digitally recorded documentation. 3. The location of the medical cannabis business shall be alarmed with a centrally monitored fire and burglar alarm system, and monitored by an alarm company. B. Records 1. Medical cannabis dispensary shall maintain records reflecting: a. The full name, address, and telephone number( s) of the owner and/ or lessee of the property. b. The full name, address, and telephone number( s) of all

employees. C. Results of annual live scans of all employees. d. The state issued identification card number of all members to whom the medical cannabis business provides medical Cannabis. If a member does not have a state issued identification card, then the medical cannabis dispensary shall assign the member a unique identifying number for the use of the medical cannabis business, and maintain a written copy of the physician' s referral for the member. e. A copy of the medical cannabis dispensary' s commercial general liability insurance policy and all other insurance policies related to the operation of the medical cannabis dispensary. f. Proof of a valid and current permit issued by the city in accordance with this chapter. Every medical cannabis dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this chapter in a conspicuous place so that it may be readily seen by all persons entering the location of the medical cannabis dispensary. C. Employees 1. A medical cannabis dispensary shall not have any employees, operators, or volunteers who have suffered a conviction for a felony offense having occurred within the past four (4) years. This requirement shall be confirmed through the results of a live scan being conducted annually by the medical cannabis business on all employees, the written results of such live scans being maintained at the location of the medical cannabis dispensary. 2. All employees must have a current and valid recommendation or California Issued Medical Marijuana Card. 3. Employee Work Permits. a. No person shall be employed at, or volunteer at, a medical cannabis dispensary licensed under this Chapter without receiving a valid medical dispensary employee work permit issued by the City to such person. An employer may pay the employee

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for the time needed to make such application, but no work at the medical cannabis dispensary shall occur until that application is made and a permit issued. b. The application for a permit shall be made on a form provided by the City and pursuant to regulations issued by the City Manager pursuant to this Section and Section 5. 94. 170.

C. Upon applying for a work permit it shall be the prospective employee' s responsibility to immediately complete the Department of Justice Request for Live Scan Service form provided to the prospective employee by the City and to have the Live Scan conducted at and by a designated and authorized entity that will report the results to the City of Vista. d. Upon receipt of the Live Scan results the City shall approve or deny the application and so notify the prospective employee and the prospective employer. e. The medical cannabis dispensary employee permit, if approved, shall state on its face the name of the person to whom it is granted, and the expiration date. f The City Manager is authorized to promulgate such regulations as may be necessary or convenient to implement this Section. D. Volume A medical cannabis dispensary may dispense, store or transport medical Cannabis in aggregate amounts tied to its members' needs. To that end a medical cannabis dispensary shall ensure compliance with state law limits on amount of dried Cannabis and amount of Cannabis plants allowed per qualified patients and persons with identification cards and/ or primary caregivers. E. No Recommendations On- site A medical cannabis dispensary shall not have a physician or an attending physician at the location of the medical cannabis business to evaluate patients or provide a recommendation for medical Cannabis. F. Notification The following signs in measurements of not less than eight ( 8) by ten ( 10) inches shall be clearly and legibly posted in a conspicuous location inside the medical cannabis business where they will be visible to members in the normal course of a transaction, stating: 1. Use of medical Cannabis shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical Cannabis is a crime and can lead to arrest." 2. Loitering on and around the collective site is prohibited by California Penal Code § 647( e) and patrons must immediately leave the site and not consume medical Cannabis in the vicinity of the collective or on the property or in the parking lot." 3. Forgery of medical documents is a crime." 4. Patrons may be subject to prosecution under the federal marijuana laws." 5. Use of medical marijuana may impair a person' s ability to drive a motor vehicle or operate machinery." 6. Smoking, ingesting or consuming marijuana anywhere on the premises is strictly prohibited." 7. Minors are prohibited from entering this property unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian." 8. All Medical Cannabis has been tested by an independent testing agency for content, mold, pesticides, and other harmful contaminants." G. No Alcohol Any Medical cannabis dispensary shall not hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages, or operate a

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business that sells alcoholic beverages on site and there shall be no alcohol consumption on

site. H. Quality control In accordance with the provisions set forth in the Medical Marijuana Regulation and Safety Act, all Medical Marijuana shall be analyzed in representative samples of all strains that are to be distributed to members of the dispensary. The representative samples shall be analyzed by an independent laboratory, holding a state license for testing ( if and when such is available) for harmful pesticides, molds, and other contaminants. Any medical cannabis from which the representative sample tested positive for a harmful pesticide or other contaminant at a level that exceeds the local, state or federal regulatory or statutory standards shall be destroyed forthwith and not dispensed to members or qualified patients. I. Labeling 1. Any medical cannabis provided to members shall be properly labeled. 2. A distinct and clearly legible label must be affixed onto all medical cannabis items provided by a medical cannabis business which states: a. This item contains medical cannabis. b. Warning that the item is a medication and not a food. C. Warning that the item is to be kept away from children d. Warning if nuts or other known allergens are used. e. Date of manufacture. f. Any other or further labeling as may be made a requirement by the Bureau of Medical Marijuana, Department of Health and Safety, or any other State or Federal agency. 3. Any edible cannabis product that is made to resemble a typical food product ( i. e. brownie, cake) must be in a properly labeled opaque ( non see-through) package before it leaves the medical cannabis business. J. Edibles All medical cannabis edibles shall comply with the California Sherman Food, Drug, and Cosmetic Law, as codified in section 109875, et seq. of Part 5 of Division 104 of the Health and Safety Code, and as amended from time to time. Further minimum requirements for all medical cannabis edibles include: 1. No edible medical marijuana products requiring refrigeration or hot holding shall be manufactured for sale or distribution at a medical marijuana business, due to the potential for food- borne illness. Baked medicinal products ( i. e. brownies, bars, cookies, cakes), tinctures and other non- refrigerated type items are acceptable for manufacture and sale at a medical cannabis business. 2. Any such other or further requirements as propagated by the Bureau of Medical Marijuana or the Department of Public Health. K. Signage 1. Signs on the premises shall not obstruct the entrance or the video surveillance system. The size, location, and design of any signage must conform to the sign provisions in the Vista Municipal Code. 2. Business identification signage shall comply with the appropriate sign requirements with the applicable zoning district. L. Employee Training All employees of a medical cannabis business shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding maintaining compliance by the operation with State and local law. M. Supply

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Each Medical Marijuana Dispensary shall acquire its medical marijuana from a state and locally licensed distributor, once the same is available. If no such licensed distributor exists, the Dispensary shall acquire its medical marijuana from its members. N. Operating Hours for Medical Marijuana Dispensary The maximum hours of operation for a medical marijuana dispensary shall be daily from 9:00 a. m. to 10: 00 p. m. O. Use Restrictions Smoking, ingesting or consuming marijuana by customers at the location of the medical cannabis dispensary is prohibited. P. No Minors No one under 18 years of age shall be permitted to enter establishment, unless such person is a qualified patient and is accompanied by his or her Primary Caregiver, licensed Attending Physician, parent( s) or documented legal guardian. Q. Odors A medical cannabis dispensary shall have an air treatment system that ensures offsite odors shall not result from its operations. This requirement at a minimum means that the medical cannabis dispensary shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location of the medical cannabis dispensary is not detected outside the building, on adjacent properties or public rights- of-way, or within any other unit located within the same building as the medical cannabis business, if the use only occupies a portion of a building. R. Insurance A medical cannabis dispensary shall carry with minimal coverage provided of comprehensive commercial general liability insurance and comprehensive automotive liability insurance ( if automobiles are used by the medical cannabis business for any purpose) protecting the medical cannabis business in an amount of not less than one million dollars 1, 000, 000. 00) per occurrence, combined single limit, including bodily injury and property damage and not less than one million dollars ($ 1, 000, 000. 00) aggregate for each personal injury liability, products liability and each accident. S. Site management The medical cannabis dispensary permit holder shall make available to members who are dispensed medical marijuana a list of the rules and regulations governing medical marijuana use and consumption within the city and recommendations on sensible medical marijuana etiquette. T. Parking Each medical cannabis dispensary shall have at least one ( 1) dedicated parking space for every 1, 000 square feet of the permitted building. The medical cannabis dispensary must also have shared access to at least one ( 1) handicap accessible parking space. Measure Z, Added, 12/ 11/ 18; Ord. No. 2019- 13, Amended, 10/ 22/ 19)

Section 5. 94. 090 Location Restrictions and Limitations

A. The maximum number of medical cannabis businesses shall be limited to one medical cannabis business per 10, 000 ( or fraction thereof) residents of the City, as determined by the last Federal Census or as determined by the latest population estimate by the Department of Finance of the State of California whichever is higher and in no case less than six ( 6) shall be registered by the City if there are that many eligible applicants. The City Council may increase, but not decrease, the number of medical cannabis businesses registered in the City under the formula above which shall be the maximum number registered unless raised by the City Council.

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B. Medical cannabis businesses may only be located in a C- 1 zone ( Commercial),

C- 2 zone ( Commercial), C- 3 zone ( Commercial), RLI zone ( Research Light Industrial), M U Zone ( Mixed Use), I- P ( Industrial Park), or M- 1 zone ( Light Manufacturing) as designated of the Vista Municipal Code. Medical cannabis businesses are explicitly prohibited in the residential zones: R- 1, R- 1- B, and R- M. within six hundred ( 600') feet of a C. Medical cannabis businesses are prohibited pre- existing public or private K- 12 school pursuant to Health and Safety Code Section 11362. 768. D. Medical cannabis businesses are prohibited within five hundred ( 500') feet of any other permitted medical cannabis dispensary. The distance is measured from front door to front door, without regard to intervening structures. E. Medical cannabis businesses are prohibited from operating out of a residence or dwelling as defined by Section 18. 02.270 of this Code. F. Unless otherwise provided, all distances specified in this Section shall be measured in a straight line, without regard to intervening structures, from the front door of the medical cannabis business to the nearest property line of those uses described herein. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 100 Transferability of Medial Cannabis Business License and Certificate of Occupancy

Notwithstanding any other provision of the Vista Municipal Code, a medical cannabis

business license and/ or certificate of occupancy is transferable only if transferee successfully completes all of the requirements that a new applicant would otherwise need to meet. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 110 Violations and Penalties

Any person, whether as principal, employee, agent, partner, City, officer, stockholder, or trustee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor or Infraction pursuant to Section 1. 16. 010 of this Code. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 120 Appeals

Any decision regarding approval, conditional approval, denial, suspension or revocation

may be appealed to the city council in accordance with the provisions of the Vista Municipal Code. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 130 Prohibited Operations and Nonconforming Use

All medical cannabis businesses in violation of Health and Safety Code Section 11362. 7

et seq. and 11362. 5 et seq., this chapter, or any other applicable State law are expressly prohibited. It is unlawful for any medical cannabis dispensary in the city, or any agent, employee or representative of such medical cannabis business, to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct on the premises of the medical cannabis business, or to violate any State law, or this chapter. Measure Z, Added, 12/ 11/ 18)

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Section 5. 94. 140 Taxes

A. Imposition of Tax Every person or entity engaged in the operation of a commercial cannabis business, regardless of where such person or entity has been issued a license by the City, shall pay to the City an amount equal to seven percent ( 7%) of all gross sales as a special use tax. The revenue generated from the taxation of Medical Marijuana Businesses shall be placed in a City's general fund. B. Payment Obligation All taxpayers subject to this Chapter must pay the full tax imposed by this Chapter regardless of any rebate, exemption, incentive, or other reduction set forth elsewhere in this Code, except as required by California or Federal Law. Failure to pay the tax shall subject the taxpayer to penalties, interest charges, and other assessments as the City may establish from time to time. No provision in this Code shall lower the tax rate or reduce the amount of taxes paid hereunder unless the provision specifically states that the reduction applies. C. City Council Authorization to Adjust Tax Rates The City Council may impose the tax authorized by this Chapter at a lower rate and may establish exemptions, incentives, or other reductions as it deems proper from time to time. The City Council may impose penalties, interest charges, or other assessments for the failure of a taxpayer to pay the tax in a timely manner, as otherwise allowed by the Charter and California Law. No action by the City Council under this Section shall prevent it from later increasing or decreasing the tax, or imposing or removing any exemption, incentive, or reduction and restoring the maximum or minimum tax specified in this Chapter. D. Payment of Tax Does Not Authorize Activity The payment of the tax required pursuant to this Chapter shall not, under any circumstance, be construed as authorized the conduct or continuance of any illegal or unpermitted business. Nothing in this Chapter implies or authorizes that any activity connected with the sale, distribution, or possession of cannabis is legal unless otherwise authorized and allowed in strict compliance with the provisions of this Code, the Medical Marijuana Program Act, and the Medical Marijuana Regulation and Safety Act. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 143 Tax Reporting, Remittance, Penalization, and Administration Rules

A. Purpose Section 5. 94. 140. 0 authorizes the City Council to adopt ordinances relating to the reporting, collection, auditing, interest assessment, penalties and other matters pertaining to taxes owed or delinquent pursuant to this Chapter. In adopting this section, the City Council intends to create a consistent program for the City' s administration of all cannabis taxes owing to Vista under this Chapter and Chapter 7. 10 as allowed by applicable law. B. Reporting All taxes owed pursuant to Chapter 5. 94 shall be reported and remitted to the City in accordance with Section 7. 10. 030 of the Vista Municipal Code. C. Penalties and Interest If any person fails or refuses to pay taxes owed under this Chapter on or before the date on which the taxes are due, penalties and interest shall be imposed in the amounts and manner provided in Section 7. 10. 050 of the Vista Municipal Code. D. Exemptions Taxes imposed pursuant to this Chapter shall not be collected with respect to the personal cultivations or other personal use of cannabis to the limited extent described in Section 7. 10. 065 of the Vista Municipal Code.

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E. Administration of Tax
It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees,

and perform the duties required by this Chapter. F. Constitutionality and Legality The taxes owed pursuant to this Chapter shall be applied in a manner consistent with the rules contained in Section 7. 10. 085 of the Vista Municipal Code. G. Audit and Examinations For purposes of conducting audits and examinations with respect to taxes owed pursuant to this Chapter or property, materials, information, operations or items relating to this Chapter, the City, City Manager, City Attorney and Tax Collector shall have those powers enumerated in Section 7. 10. 090. A and C of the Vista Municipal Code. H. Records Retention Every person liable for the collection and payment of any tax owed pursuant to this Chapter shall have a duty to keep and preserve those records described in Section 7. 10. 090. B for the periods prescribed therein. Ord. No. 19- 09, Added, 6/ 25/ 19)

Section 5. 94. 147 Coordination of Tax Provisions of Chapters 5. 94 and 7. 10

A. Any person which is a registered business pursuant to Chapter 5. 94 shall pay taxes on all gross receipts of the business in accordance with Chapter 5. 94 of the Vista Municipal Code and all regulations adopted pursuant to that Chapter. B. Except for registered businesses paying taxes on gross receipts pursuant to Chapter 5. 94, a person engaged in the operation of a commercial cannabis business shall pay taxes in accordance with Chapter 7. 10 of the Vista Municipal Code and all regulations adopted pursuant to that Chapter. C. Where a person in successive periods qualified as both a registered business and an unregistered business when operating as a cannabis business, the tax provisions of Chapter 5. 94 shall be applied to the person during the periods it was a registered business, and the tax provisions of Chapter 7. 10 shall be applied at the times it was not a registered business. However, if a court determines that a successive application of the tax provisions is improper and a simultaneous application must occur, the simultaneous application shall occur in a manner to assure that no gross receipts or gross revenues escape lawful taxation. Ord. No. 19- 09, Added, 6/ 25/ 19)

Section 5. 94. 150 Severability

If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this

initiative is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Vista hereby declare that they would have adopted this initiative and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words, or portions thereof be declared invalid or unconstitutional. Measure Z, Added, 12/ 11/ 18)

Section 5. 94. 160 Consistency with Statewide Regulation of Cannabis

This chapter shall be read consistent with any statewide regulation of medical marijuana

that is promulgated by the California legislature or by voter approval in the future. Specifically, this Chapter shall be read consistent with the Medical Marijuana Regulation and Safety Act. Measure Z, Added, 12/ 11/ 18)

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Section 5. 94. 170 Amendments and Administration

A. This Chapter was submitted to the voters for approval. Any amendment to 5. 94. 040 to increase the Tax rate expressly provided in such section shall not be effective unless and until such amendment is approved by the voters. The voters may authorize the City Council to amend, modify, change, or revise any other provisions of this Chapter as the City Council deems to be in the best interests of the City.

B. The City Manager or any designee thereof shall promulgate any other rules,

regulations, and procedures necessary and consistent with this Chapter in order to implement and administer the intent of this Chapter, including any rules and regulations necessary to ensure the efficient and timely collection of the tax imposed by this Chapter. Measure Z, Added, 12/ 11/ 18)

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Chapter 5.95

Commercial Adult Use Cannabis Businesses

Sections:

5.95.010 Purpose and Intent 5.95.020 Legal Authority 5.95.030 Operation Prohibited Without a Valid License 5.95.040 Compliance with the Law 5.95.050 Definitions 5.95.060 Authorized Commercial Adult Use Cannabis Businesses 5.95.070 Co-Location of Medical Cannabis Dispensary and Commercial Adult Use Cannabis Businesses 5.95.080 Expiration of a Commercial Adult Use Cannabis Business License 5.95.090 Revocation of a Commercial Adult Use Cannabis Business License 5.95.100 Effect of Suspension, Revocation or Termination of Any State License 5.95.110 Renewal of a Commercial Adult-Use Cannabis Business License 5.95.120 Change in Location 5.95.130 Change in an Applicant or Licensee’s Information 5.95.140 Transferability of Adult Use Cannabis Business License 5.95.150 General Operating Standards and Restrictions 5.95.160 Violations and Penalties 5.95.165 Suspension or Revocation of License 5.95.170 Prohibited Operations and Nonconforming Use 5.95.180 Taxes 5.95.190 Appeals 5.95.200 Severability 5.95.210 Consistency with Statewide Regulation of Cannabis 5.95.220 Consistency with the Chapter 5.94