HomeMy WebLinkAboutCC Ord 1276 1988-12-05
ORDINANCE NUMBER /21IP
AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA, AMENDING CHAPTER 11 OF THE CODE
OF THE CITY OF SEAL BEACH, PERTAINING TO
BUSINESS LICENSES.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY DOES ORDAIN AS
FOLLOWS:
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Section 1. The introduction to Chapter 11 of the Code
of the city of Seal Beach is hereby amended to read as f~llows:
CHAPTER 11.
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11-1.
11-2.
11-3.
11-4.
11:-5.
11-6.
11-7.
11-8.
11-9.
11-10.
11-11.
11-12.
11-13.
11-14.
11-15.
11-16.
11-17.
11-18.
11-20.
ll-n.
11-22.
11-23.
11-24.
11-25.
11-26.
11-27.
11-28.
11-29.
11-30.
11-31.
11-32.
11-33.
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11-34.
11-35.
11-36.
11-37.
11-38.
11-39.
11-40.
11-41.
11-42.
11-43.
LICENSES AND BUSINESS REGULATIONS
ARTICLE I. IN GENERAL
Definitions
Compliance with Chapter
Tax Payment Required
Business Tax A Debt
Evidence of Doing Business
Constitutional Apportionment
Exemptions
Branch Establishment
Two or More Businesses at Same Location
Non-transferable, Change of Location
Duplicate Business Tax Certificate
Posting and Keeping Business Licenses
Business Tax - How and When Payable
Delinquent Taxes - Penalties
Refunds
Application, First Business Tax Certificate
Renewal Business Tax Certificate
Statements and Records
Information Confidential
Failure to File Statement or Corrected Statement
Appeal
Effect on Other Ordinances
Unlawful B~sinesses
Effect of Article on Past Actions
Rules and Regulations
Enforcement
Penalty for Violation
Remedies CumUlative
Revenue Measure
ARTICLE II. BUSINESS TAX RATE
Payment of Tax Required
Amount 1 Consumer Price Index Adjustment
Tax Rate Schedule
ARTICLE III. REGULATION OF BUSINESS
Bonds and Policies of Insurance
Termination of Liability on Bonds
Revocation, Suspension 1 Grounds
Photographs To Be Filed With Application
Fortune Telling' and Similar Practices
Permit Required For Sale of Secondhand Aircraft
Parts or Accessories
Registration of Amusement Machines or Games and
Display of stamp
Same--Seizure of Machines in Violation1 Redemption
SUbstitution of Unexpired License When Use of
Amusement Machine or Game Discontinued.
Licensing of Amusement Machine o~ Game on Public
Property Prohibited.
Ordinance Number /~j1~
,
11-44.
11-45.
11-46.
11-47.
11-48.
11-49.
11-50.
11-51.
11-52.
11-53.
11-54.
11-55.
11-56.
11-57.
11-58.
11-59.
11-60.
11-61.
11-62.
11-63.
11-64.
11-65.
11-66.
Permit for Oparation of certain For-Hire Vehicles
Prerequisite to Issuance of License.
Bond or Insurance For Operation of Vehicle For
Hire.
Permit For Operation of circus1 Transferability of
Circus License or Permit.
Bond and state License For Person Licensed as
Collection Agency.
Scope of License For Cosmetological Establishment
Entertainment Cafes1 Rules
Applicability of Fortuneteller's License.
Scope of License For Public Garage.
Display of Laundry Agency License and
Identification of Person Doing the Work.
Permit For Operating Miniature Train Required;
Revocation.
Permit to Peddle Drugs or Medicine.
Persons Exempt From Obtaining Secondhand Dealer's
License 1 Permit for Rummage Sales.
License Authorizing Show or Live Animal Exhibition
Not to Authorize Additional Business.
stamp or Label for Photographic Machine or voice
Recording Machine1 Sealing of Unlicensed
Machine 1 Unlawful to Use, Etc. 1 Machine Sealed
by City Officer.
stamp or Label for Coin-Operated Machine
Generally 1 Sealing of Unlicensed Machine1 Use,
Etc., of Machine Sealed by City Officer.
Regulations Applicable to Contractor's
Licenses--Application.
Same--Renewals. ,
Same--Changes in Ownership, Management or
Addresses.
Same--State Contractor's License Prerequisite to
Issuance.
Photographs to be Furnished by Peddlers and
Solicitors.
Permit for Shooting Gallery. It shall be unlawful
to carryon the business of a shooting gallery
without first procuring a permit from the City
Council to do so.
Display of License for Municipal Market Sales.
Christmas Tree Sales--Temporary Business Location.
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Ordinance Number /27tb
Section 2. Chapter 11, Article I of the Code of the
city of Seal Beach is hereby amended to read:
Section 11-1. Definitions. For the pUrPoses of this
chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Advertisina. The word "advertising" shall mean and
include, but shall not be limited to any of the following:
(a) The operation or maintenance of any billboard,
signboard, window display, motion picture or theater curtain
designed or intended to be used for the purpose of exhibiting or
displaying advertising matter thereon.
(b) The distribution of posters, dodgers, circulars,
brochures or any other printed advertisement in any manner
whatsoever.
(c) The distribution of any samples of goods, wares or
merchandise for the pUrPose of advertising.
(d) The maintenance or operation, for the purpose of
advertis~ng of any steroptican, biograph, moving picture machine
or other mechanical or electrical device or contrivance, or any
vehicle 1 provided, that nothing in this section shall be
construed to affect or apply to any person delivering handbills
or samples, or to any person posting, affixing, painting or
erecting any public signs on the premises or buildings occupied
and used in the business of such person within the city, and
which handbills, samples or signs advertise solely and
exclusively the goods, wares and merchandise or business of such
person.
The word "advertising" shall not include newspapers of
general circulation as defined in this chapter.
Aircraft reDair shoo. "Aircraft repair shop" is
defined as any shop, building, room, hangar, place or space of
any kind where any aircraft, or any parts thereof, are repaired,
altered, remodeled, overhauled or painted and a compensation is
charged therefor.
Arcade. The term "arcade" or "penny arcade" shall mean
and include one general enclosure in which is conducted the
business of operating or exhibiting any phonograph, graphophone,
talking machine, kinetoscope, biograph, projectoscope or any
other instrument or machine of like character, for the use of
which a compensation or fee is charged, and exhibiting, Showing
or letting the use of any microscope, lung tester, muscle tester,
galvanic batter, weighing machine, or machine of like character,
for a money consideration.
Auctioneer. The term "auctioneer" shall mean and
include any person selling or offering for sale any real or
personal property at public auction, or by public outcry in the
city.
Auto for hire. "Auto for hire" shall mean and include
every motor vehicle used for the transportation of passengers
over the public highways and not over defined routes,
irrespective of whether or not such passengers are transported
beyond the limits of the city, and at rates per mile, per trip,
per hour, per week or per month, and shall include the leasing,
renting or hiring by the day, hour, trip or otherwise, whether
with or without driver, of any automobile, sight-seeing car,
omnibus, stage or taxicab used for carrying passengers over an
undefined route, one terminus of which is inside the city. For
the purpose of this chapter, the words "auto for hire" shall also
mean and include a motor vehicle designed, used or maintained
primarily for the transportation of property, which motor vehicle
Ordinance Number t:l11,
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is rented, leased or hired without driver or operator, at rates
per mile, per trip, per hour, per day, per week, per month or
otherwise.
Automobile Darkina SDace. "Automobile parking space"
shall mean and include any vacant lot properly zoned for such
business where automobiles are parked or stand by the hour, day,
week or month for a monetary consideration, whether direct or
indirect, but shall not include any lot maintained exclusively
for patrons of any business concern where no monetary
consideration is charged.
Auto repair shoo. "Auto repair shop" is defined as I
being any shop, building, room, place or space wherein, for
compensation, any automobile, other motor vehicle, or any parts
thereof, are repaired, remodeled, overhauled, reconditioned or
painted. The following operations, performed on or within a
motor vehicle at a gasoline filling or "service" station, shall
not be deemed to constitute such premises, nor the business
conducted therein that of, an "auto repair shop" for the purpose
of this chapter:
(a) The repairing or changing of a tire.
(b) The cleaning or changing of a spark plug.
(c) The cleaning and washing of an automobile.
(d) The installation of a fan belt.
(e) the charging, sale and installation of a battery.
(f) The replacement of light bulbs.
(g) The replacement of radiator hose.
(h) The lubrication of an automobile. I
(i) The adjustment, but not relining, of brakes.
(j) All such other services performed on, or rendered
to, a motor ,vehicle which ordinarily takes little time, or are
~IJ~~completed w~ the customer ~ present and which do not
ur>" customarily or usually require the services of a qualified
automotive mechanic.
Auto wreckina shoo. "Auto wrecking shop" is defined as
the maintenance of a place, building or lot where secondhand
automobiles, trucks, or any parts thereof, are traded for or
bought, for the purpose of dismantling, wrecking or otherwise
tearing down the same1 and, the parts or accessories from such
automobiles or trucks are offered for sale or exchange as usable1
and, the storage of such metals and signs as may accumulate only
from such automobiles or trucks.
Averaae number of individuals emDloved. "Average
number of individuals employed" shall mean the average number of
persons employed daily in the applicant's business for the period
of one year immediately preceding the thirty days immediately
prior to the due date of the license, and shall be determined by
ascertaining the total number of hours of service performed by
all employees during such preceding year, and dividing the total I
number of hours' service thus obtained by the number of hours of
service constituting a day's work, according to the law, custom
or usage governing or pertaining to employment in the type of
business conducted by the applicant, and by again dividing the
sum thus obtained ~y the number of days in such preceding year on
which the applicant did business. In computing the "average
number of individuals employed", fractions of numbers shall be
excluded.
Ordinance Number /02 ?~
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Boardina kennel. "Boarding kennel" shall mean and
include any building, structure, institution or establishment
used for housing or boarding of dogs, cats or other small animals
owned by other persons.
Boat for hire. "Boat for hire" shall mean and include
any boat propelled by machinery and used or maintained for lease,
rent or hire by the hour, day, trip or otherwise, whether with or
without an operator, for. carrying or transporting any passenger
from any pier, wharf or landing place in the city.
Buildina contractor. A person shall be considered to
be conducting or engaging in the business of, or acting as or in
the capacity of, a building contractor, for the purpose of this
chapter, if he, in any capacity other than as an employee of a
duly licensed building contractor with wages as his sole
compensation, undertakes to, or does himself or by or through
others, construct, alter, repair, add to, subtract from, improve,
remove or demolish any building or structure, or portion thereof,
or erect scaffolding, or other structures or works in connection
with any work upon any building or structure1 provided, however 1
, (a) That a licensed architect or a registered civil
engineer, acting solely in the capacity of an architect or civil
engineer shall not be considered as acting in the capacity of a
building contractor.
(b) That a building contractor's license shall not be
required for conducting or engaging in any business or doing any
work which is wholly authorized under any other license required
by this chapter. .
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(c) That an owner shall not be required to have a
building contractor's license to erect, or to do work upon, his
own building1 provided, that such building is not being erected
for the purpose of sale.
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Business. "Business" shall include prOfessions,
trades, occupations, and all and every kind of calling whether or
not carried on for profit.
Carnival. "Carnival" shall mean and include an
amusement enterprise consisting of sideshows, vaudeville, ferris
wheel, merry-go-round, riding devices and amusement devices, or
any combination of the foregoing attractions and devices, for
which a gate admission charge is made and a charge is made for
entry into each attraction or for the use of each device.
Cement contractor. A person shall conduct or engage in
the business of, or act as or in the capacity of, a cement
contractor, for the purpose of this chapter, if he, in any
capacity other than as an employee of a duly licensed cement
contractor with wages as his sole compensation, undertakes to, or
does himself, or by or through others, repair, place or install
any poured and tamped Portland cement concrete in connection with
the original construction of, or the alteration, repair or
addition to, any foundation, pier, floor, structural framework,
retaining wall, coping, step, stairway, gutter, curbing, walk,
driveway, pavement, or other type of plain or reinforced concrete
construction1 provided, however, that any person holding a
building contractor's license shall be authorized by such license
to do any work for which a cement contractor's license is
required, except ~here such work is upon a public street, alley-
way, sidewalk, curb, gutter, storm drain or other similar public
improvement 1 and provided further, that an owner of a single-
family dwelling which is used as the residence of such owner may
himself do cement work without a cement contractor's license upon
such dwelling or any accessory building thereof located upon the
same premises.
Ordinance Number 1':<7 b
Circus: "Circus" shall mean and include any tent,
canvas or open-a1r enclosure wherein are exhibit feats of
horsemanship, trained animals, clowns, acrobatic or trapeze
performances, and such other forms of skill or amusement as are
commonly given in rings, and combinations of entertainment, such
as any wild West exhibition commonly known as a rodeo.
~. "City" shall mean the City of Seal Beach, a
municipal corporation of the state of California, in its present
incorporated form or in any later reorganized, consolidated,
enlarged or reincorporated form.
Claim. "Claim" shall mean any obligation for the
payment of money or its equivalent arising in the usual course of
business or occupation.
Collection Aaencv. "Collection agency" shall mean and
include all persons, firms, corporations or voluntary associa-
tions engaging, directly or indirectly, and as a primary or
secondary object, business or pursuit, in soliciting claims for
collection and in the collection of claims owing, or due, or
asserted to be owing or due to another, and any person, firm or
corporation or voluntary association engaged in collecting
accounts for another, whether the employment is for one or more
persons, firms, corporations or voluntary associations, or in the
selling or furnishing of any collection system or collection
letter forms or collection letters, or any house agency, firm,
person, corporation or voluntary association using a fictitious
name in collecting its own accounts receivable with the intention
of conveying to the debtor that a third party has been employed
to collect such accounts. Any person, firm or corporation
soliciting, or attempting to solicit, claims for collection or
collecting or attempting to collect claims due or owing, or
asserted to be due or owing, to another, by letter or by agent,
or by any means whatsoever, from persons within the City though
not maintaining a fixed place of business in this city, shall be
deemed to be engaged in conducting, managing or carrying on the
business of a collection agency in the City, and shall pay a
license tax as required by this chapter and shall file a bond
with the City as provided in this chapter1 provided, however,
that the term "collection agency" shall not include attorneys at
law, individuals regularly employed on a regular wage or salary
in the capacity of credit men or in other similar capacity upon
the staff of employees of anyone firm, person, corporation or
one voluntary association not engaged in the business of a
collection agency, banks, abstract companies doing an escrow
business, duly licensed real estate brokers making only
collections arising out of real estate transactions, nor a
merchant nonprofit credit association, unless such banks,
abstract companies, real estate brokers and merchant-owned
nonprofit credit associations are conducting a collection agency.
Collector. "Collector" shall mean the Finance Officer
or other City Official charged with the administration of this
chapter.
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commission Merchant or Broker. "Commission merchant or
broker" shall mean and include any person who engages in, carries
on or conducts the business of buying or selling produce,
foodstuffs or any food products, commodities or merchandise as a I
broker or agent for the owner or assignor thereof, for a fee ~r
commission, whether or not the operation of such business
customarily includes the actual possession, custody or control of
such foodstuffs, good~wares or merchandise.
Countrv Club Golf Course. "country club golf course"
shall mean and include a privately owned golf course, either open
to the public for play for a fee or charge, or restricted to
members or guests of the golf course or club operated in
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Ordinance Number ~~~
connection with the golf course. Country club golf course may
include the operation of a restaurant, coffee shop, snack bar,
cocktail lounge, pro shop, the offering and giving of golf
lessons, the operation of a driving range open to the public and
retail sales of articles normally associated with a golf course.
AW country club golf course does not include an entertainment
cafe as defined in this section. '
Dancina Academv. "Dancing academy" shall mean and
include a place where dancing lessons are given for which a
charge is made.
Doa and Cat HosDital. "Dog and cat hospital" shall
mean and include any building, structure, institution or
establishment used for the reception, treatment or care of sick
or wounded dogs, cats or other small animals.
EmDlovment Bureau. "Employment Bureau" shall mean and
include the business of securing employment for any person for a
fee or compensation of any kind, or furnishing information
regarding situations of employment for a fee or compensation.
Enaaaed in the Automotive Parts. Service and EauiDment
Business. "Engaged in the automotive parts, service and
equipment business" shall mean and include the buying and selling
or otherwise dealing in automotive replacement parts and
accessories, inCluding tires, wholesale and retail, and
performing such machine work and assembling as is necessary to
install such parts or equipment1 provided, however, that nothing
in this section shall apply to "garages" or "repair shops" that
are otherwise licensed by this chapter.
Enaaae in the Business. "Engage in the business" shall
mean and include the conducting, managing or carrying on of any
business. .
Entertainment Cafe. The term "entertainment cafe"
shall mean and include premises on which or in connection with
which, there is entertainment consisting of instrumental
entertainment by one or more musicians, singing, floor show,
vaudeville, cabaret or similar entertainment, or on which, or in
connection with which, there is dancing by the patrons, guests or
customers of the licensee, or both such entertainment and
dancing.
The term "entertainment cafe" shall also mean and
include premises on which or in connection with which there is
any act or performance participated in by one or more persons for
the purpose of holding the attention of, gaining the attention
and interest of, diverting or amusing guests or patrons or the
employment or use of any person, male or female, dressed in any
garment, garments or costume which because of the transparency or
style of the costume or garment reveal to visual observation of
any other person or persons the nipples or areola of the breast
or breasts below the upper edge of ~he areola or any part of the
pubic area or buttocks.
, fill. "Fair" or "local fair" shall mean and include an
enterprise, usually of a civic nature, consisting of displays and
competitive exhibitions of wares, produce, livestock, mechanical
or electrical devices, or other products of manufacture,
conducted not primarily for purposes of sale, but rather for
merit and for the awarding of premiums for excellence, and in
conjunction with which there is permitted or allowed amusement
attractions and devices, together with concessions for the
vending of edibles, merchandise and sundries.
Fixed Place of Business. "Fixed place of business"
shall mean and include any place actually occupied continually,
during the term of such license, by a person or individual
,.
Ordinance Number ~i't6
,
engaged in a business where the books and records of such person
or individual are kept, and at which a large part of the business
of such person or individual is transacted.
General and Restricted Electrical Contractors. A
person shall conduct or engage in the business of, or act as or
in the capacity of, a general or restricted electrical
contractor, for the purpose of this chapter, if he, in any
capacity other than as an employee of a duly licensed general or
restricted electrical contractor with wages as his sole
compensation, undertakes to do, or does himself, or by or through
others, any work for which an electrical permit is required to be I
obtained from the CitY1 provided, however, that 1
(a) An owner of a building or structure shall not be
required to have an electrical contractor's license to himself do
work upon his own building or structure for which an electrical
permit is required so long as such building or structure is not
being erected for the purpose of sale1 and,
(b) That the owner of an industrial establishment,
hotel, office building or other similar establishment or building
who regularly employs one or more journey-men electricians for
the purpose of installing, altering, maintaining or repairing the
electrical wiring, facilities and appliances of such establish-
ment or building may, in lieu of obtaining an electrical
contractor's license, obtain a maintenance electrician's license
as provided in section 11-33(a).
Grocerv bus. "Grocery bus" shall mean a motor vehicle
which carries, and from which is sold at retail, any processed,
canned, preserved or packaged foodstuffs for human consumption.
Gross ReceiDts. "Gross receipts" shall mean the total
amounts actqally received or receivable for the performance of
any act or service, of whatever nature it may be, for which a
charge is made or credit allowed, whether or not such act or I
service is done as part of or in connection with the sale of
materials, goods, wares or merchandise.
The following shall be included in Gross Receipts: all
receipts, commissions, cash credits, and property of any kind or
nature, without any deduction therefore on account of the cost of
the property sold, the cost of materials used, labor or service
costs, interest paid or payable, or losses or other expenses
whatsoever.
The following shall be excluded from gross receipts:
1. Cash discounts allowed and taken on sales1
2. Credit allowed on property accepted-as part of the
purchase price and which property may later be sold1
3. Any tax required by law to be included in or added
to the purchase price and collected from the consumer or
purchaser 1
4. Such part of the sale price of property returned
by purchasers upon recision of the contract of sale as is
refunded either in cash or by credit1
5. Amounts collected for others where the business is
acting as an agent or trustee to the extent that such amounts are
paid for those for whom collected, provided the agent or trustee
has furnished the Collector with the names and addresses of the
others and the amounts paid to them1 and
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Ordinance Number /.:2 7h
6. Receipts of refundable deposits, except that
refundable deposits forfeited and taken into income of the
business shall not be excluded.
As to a busi~ess established outside the City but
maintaining an office or other facility withip the city, or doing
business within the city through an agent, broker, or employee,
gross receipts shall include the total sales or receipts
attributable to the local office or facility, agent, broker or
employee.
In the event separate sales or receipt records are not
maintained for said local office, facility, local agent, broker,
or employee, the business tax shall be based upon any amount
which bears the same proportion to the total gross receipts of
the business which the cost of maintaining said local office,
facility, local agent, broker or employee bears to the total cost
of maintaining said business.
In the event that the business of said local office,
facility, agent, broker or employee is that of performing
administrative or storage functions in connection with sales or
services performed or rendered elsewhere, the business tax shall
be based. on an amount equivalent to the volume of business which
shall be computed by determining the total cost of maintaining
said local of~~e, facility, agent, broker or employee. Said
total cost of maintaining said local office, facility, agent,
broker or employee shall include, but not be limited to, wages,
salaries, commissions, bonuses, rent, telephone, postage,
utilities, janitorial and other expenses allocated for main-'
tenance of said office, facility, agent, broker or employee.
Individual. "Individual" shall mean and include anyone
engaged in any of the businesses specified in this chapter
wherein the word "individual" is used, and wherever a firm,
corporation, copartnerShip, association, club, society or other
organization is engaged or seeks to engage in a business or
pursuit wherein it is provided in this chapter that.~he license
therefor shall be issued to an individual, the pre~dl,
secretary, manager, partner, employee or other ind1vidual, and
each of them, actually carrying on the business or engaged in the
pursuit for andon behalf of such 'firm, corporation, copartner-
ship, association, club, society or other organization, shall
secure such license.
Itinerant vendor. "Itinerant vendor" shall mean and
include all persons or individuals, both principals and agents,
who engage in a temporary or transient business in the city,
selling goods, wares or merchandise, with the intention of
conducting such business in the city for a period of not more
than ninety days, and who, for the purpose of carrying on such
business, hires, leases or occupies any room, doorway, vacant
lot, building or structure, for the exhibition or sale of goods,
wares or merchandise, and the person so engaged shall not be
relieved from the requirements of this chapter by reason of
associating temporarily with any local dealer, trader, merchant
or auctioneer, or by conducting such temporary or transient
business in connection with or as a part of or in the name of any
local dealer, trader, merchant or auctioneer.
Lathina contractors. A person shall conduct or engage
in the business of, or act as or in the capacity of, a lathing
contractor, for the purpose of this chapter, if he, in any
capacity other than as an employee of a duly licensed lathing
contractor with wages as his sole compensation, undertakes to, or
does himself, or by or through others, install, patch or repair
wood lath, metal lath, plaster board or any other similar
materials, a principal function of which is to serve as a base to
receive plaster, stucco, ornamental run plaster work or staff
ornaments, or if he does any other lathing work for which a
Ordinance Number ~;1~
lathing and plastering permit is required to be obtained from the
building inspector under the provisions of the Building Code of
the citY1 provided, however, than an owner of a single-fami1y
dwelling which is used exclusively as the residence of such owner
and not for income purposes may himself install, patch or repair
such materials upon such dwelling or any accessory building
thereof located on the same premises without a lathing
contractor's license.
Laundrv. "Laundry" shall mean a place where wearing
apparel is taken to be cleaned, for which a cleaning charge is
made. Laundry shall not apply to any place where the work is I
done or performed by the members of one family, or where not more
than two persons are employed for compensation.
Laundrv aaencv. A "laundry agency" is a business
separate and distinct from the business of a laundry, whether or
not such agency is owned or operated by a laundry, and for the
purpose of this chapter the term "laundry agency" shall mean and
include a place where goods of a textile nature may be left to be
laundered, for which laundering a charge is made, and which
service is not performed at the place of business of such agency.
Lenath of boat for hire. The length of any boat for
hire shall mean and include the distance between the
perpendiculars as determined by the United states Custom House
records for any such boat as registered or enrolled on such
records, and by actual measurements between the perpendiculars
for any boat not registered.
Masonrv contractor. A person shall conduct or engage
in the business of, or act as or in the capacity of, a masonry
contractor, for the purpose of this chapter, if he, in any
capacity other than as an employee of a duly licensed masonry
contractor with wages as his sole compensation, undertakes to, or
does himself, or by or through others, lay, set, alter or repair
brick, stone, hollow tile, flue lining, precast concrete units, I
gypsum partition tile units, structural glass or terra cotta,
when any of such materials are used as part of a wall, partition,
chimney or flue, or for boiler settings, or for veneering or
furring, or doing any other work for which a masonry permit is
required to be obtained from the building inspector under the
provisions of the Building Code of the citY1 provided, however:
(a) That any work involving the above-mentioned
materials which is usually and ordinarily performed by a tile or
marble setter shall not constitute work for which a masonry
contractor's license shall be required1 and
(b) That an owner of a single-family dwelling 'which is
used exclusively as the residence of such owner may himself do
masonry work without a masonry contractor's license upon such
dwelling or any accessory building thereof located on the same
premises.
Massaae Darlor. "Massage parlor" shall mean and
include any Turkish bath parlor, Battle Creek system treatment,
magnetic healing institute or any place or institution where
treatment for the human body is given by means of massage, except
this definition shall not be construed to include establishments
operated by licensed osteopaths or chiropractors.
Massaaist. "Massagist" shall me2!n and include any
person who practices massage.
Medicine show. "Medicine show" shall mean and include
the using of any mu~ic, lecture, entertainment, operation or
other like scheme or plan to attract an audience or crowd and the
selling or giving to any person in such audience or crowd, or
arranging for the sale at any future time to any person in such
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Ordiqa~ce Number ~;1~
audience or crowd, or any drug, medicine, surgical or medical
appliance, or any food concentrates, foods, beverages, liquids,
vegetable compounds, ointments, or any other substance which is
sold upon the representation that the consumption or application
of such substance will act as an aid to the human diet, will be
conducive to good or better health, or a cure, or deterrent for
any ailment, sickness ,or physical condition.
Motor scooter. "Motor scooter" shall mean and include
a motor-propelled vehicle designed to travel on not more than
three wheels in contact with the ground, which wheels do not have
an inside rim diameter in excess of twelve inches. Self-
propelled wheel chairs or invalid tricycles are not included in
this definition.
NewspaDer of aeneral circulation. A newspaper of
general circulation shall be a newspaper published for the
dissemination of local or telegraphic news and intelligence of a
general character, having a bona fide subscription list of paying
subscribers.
oil tool exchanae. "Oil tool exchange" shall mean and
include the business of buying, selling or otherwise dealing in
oil well, tools and oil well equipment at a fixed place of
business in the city.
paintina. paDerhanaina and decoratina contractors. A
person shall conduct or engage in the business of, or act as or
in the capacity of, a painting, paperhanging or decorating
contractor, for the purpose of this chapter, if he, in any
capacity other than as an employee of a duly licensed painting,
paperhanging or decorating contractor with wages as his sole
compensation, undertakes to, or does himself, or by or through
others, apply paint, wallpaper, or install decorations, upon or
in any building or structure1 provideq, however, that the owner
of any building or structure shall not be required to have a
painting, paperhanging or decorating contractor's license to do
such work upon his own building, so long as such building is not
being erected for the purpose of sale.
Peddle: Deddlina. "Peddle" or "peddling" shall mean
and include traveling or going from place to place or from house
to house, hawking, vending and selling any goods, wares or
merchandise, by the taking of an order, and the making of a
delivery concurrently, and shall also mean and include the
transportation of any goods, wares or merchandise upon any
vehicle or by any means whatsoever, which goods, wares or
merchandise have not been sold to or ordered by a buyer prior to
such transportation, and which goods, wares or merchandise are
intended to be offered for sale and delivery to members of the
public 7 however, "peddle" or "peddling" shall not mean and
include the delivery of goods, wares or merchandise by a person
engaged in the business of selling such goods, wares or
merchandise at a fixed place of business in the city or
elsewhere, and which goods, wares or merchandise have been
ordered to be so delivered prior to such delivery1 provided,
however, that "peddle" or "peddling" shall include the delivery
of goods, wares or merchandise at the time of or within a period
of two hours from the time of obtaining such order for delivery,
unless such order be placed by the buyer at a fixed place of
business of the seller.
Person. "Person" shall include all d-omestic and
foreign corporations, associations, syndicates, joint stock
corporations, partnerships of every kind, clubs, Massachusetts
business or common law trusts, societies, and individuals
transacting and carrying on any business in the city, other than
as an employee.
Ordinance Number "02~~
,
Plasterina contractor. A person shall conduct or
engage in the business of, or act as or in the capacity of, a
plastering contractor, for the purpose of this chapter, if he, in
any capacity other than as an employee of.a duly licensed
plastering contractor with wages as his sole compensation,
undertakes to, or does himself, or by or through others, apply,
patch or repair any interior or exterior plaster, stucco,
ornamental plaster, run work or staff ornaments, or does any work
for which a plastering permit is required to be obtained from the
building inspector as provided in the Building Code of the citY1
provided, however, that:
(a) An owner of a single-family dwelling which is used
exclusively as the residence of such owner and not for income
purposes, may himself apply, patch or repair plaster or stucco
upon such dwelling or any accessory building thereof located on
the same premises without a plastering contractor's license.
(b) A plastering mechanic shall not be required to
have a plastering contractor's license to do repair work upon not
in excess of twenty-five yards of the interior and fifteen yards
of the exterior of a building1 provided, that the total cost of
all such work upon such building does not exceed twenty-five
dollars.
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Plumbina contractor. A person shall conduct or engage
in the business of, or act as or in the capacity of, a plumbing
contractor, for the purpose of this chapter, if he, in any
cap~city other than as an employee of a duly licensed plumbing
contractor with wages as his sole compensation, undertakes to do,
or does himself, or by or through others, any work for which a
plumbing permit is required to be obtained; provided, however,
that an owner of a building or structure shall not be required to
have a plumbing contractor's license to himself do any work upon
such building or structure for which a plumbing permit must be
obtained, so long as such building or structure is not being
erected for the purpose of sale1 and provided further, that a I
plumbing contractor's license shall not be required for the
construction, alteration or repair of vitrified clay tile house
sewers, cesspools, chimneys, septic tanks or hot water vents.
Public dance hall. "Public dance hall" shall mean and
include any room, place or space, excepting a private home or
residence, where dancing is held or carried on.
Public aaraae. A "pUblic garage" is defined to be a
room, building or other structure where automobiles are kept or
stored by the public, ad where a charge is made for suoh storage
or keeping of automobiles.
Real estate broker. A "real estate broker" is a person
who, for a compensation, sells or offers for sale, buys, or
offers to buy, lists or solicits for prospective purchasers, or
negotiates the purchase or sale or exchange of real estate, or
who, for compensation, negotiates loans on real estate, leases,
or offers to lease, or negotiates the sale, purchase or exchange
of leases, rents, or places for rent, or collects rent from real
estate, or improvements thereon, for another or others.
Refriaeration contractor. "Refrigeration contractor"
shall mean any person engaged in the business of contracting to
sell and install, or to layout, install, repair or service I
commercial refrigeration, or any equipment which is customarily
used in or as a part of commercial refrigeration. .
Ridina academv. "Riding academy" shall mean and
include the business of teaching the art of horseback riding, and
the hiring or letting of horses, ponies or donkeys for riding
purposes by the hour, day or ride.
ordi~a~~e Number ~-?~
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Roofina contractor. A person shall conduct or engage
in the business of, or act as or in the capacity of, a roofing
contractor, for the purpose of this chapter, if he, in any
capacity other than as an employee of a duly licensed roofing
contractor with wages as his sole compensation, ,undertakes to, or
does himself, or by or through others, apply" patch or repair any
roof covering upon the roof of any building or structure, which
roof covering consists wholly or partially of either asphalt-
impregnated felt or composition roofing or shingles, asbestos-
impregnated felt roofing or shingles, natural slate units or
burned clay, or cement tile units, or does any other work, except
the installation, alteration or repair of wood shingle or shale
roofs, for which a roofing permit must be obtained from the
building inspector of the city as provided in the Building Code
thereof1 provided, however, that an owner of any building, or an
employee of such owner, who furnishes no materials, shall not be
required to have a roofing contractor's license to:
(a) Apply cold coatings, paint coats or hot asphalt
mopped coatings on the roof of any building of such owner.
(b) Patch, repair or reroof not in excess of five
squares of the area of any building of such owner.
(c) Roof or reroof or alter, patch or repair the roof
of a single-family dwelling of such owner or any accessory
building thereof located upon the same premises, when such
premises are used solely as the place of residence of such owner
and not for income purposes.
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Notwithstanding any other provision of this chapter,
any person, except an owner, who in any capacity whatsoever
either furnishes the materials or the equipment, and in addition
thereto performs work, in connection with the application,
patching or repairing of the above-mentioned roof coverings shall
be deemed to be a roofing contractor.
Securities. "Securities" shall include the following:
(a) All shares or other interests or rights into which
the capital, capital stock or property of companies or rights of
stockholders or m~mbers thereof are divided, including all
treasury shares and shares of their own capital stock purchased
or otherwise acquired by companies upon delinquent assessment
sales or in any other lawful manner, and all certificates and
other instruments issued by them on their authority, evidencing
or representing such shares, interests or rights.
(b) All bonds, debentures and evidences of
indebtedness issued by any company.
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(c) Any instrument issued or offered to the public by
any company, evidencing or representing any right to participate
or share in the profits or earnings or the distribution of assets
of any business carried on for profit1 excepting therefrom the
following: Bills of exchange and promissory notes not offered to
the pUblic by the drawer, maker or underwriter thereof, and all
mortgages and deeds of trust of property situated in this state,
executed to secure the payment thereof.
Sellina. "Selling" shall mean and include selling,
offering for sale or contacting to sell, any goods, wares,
merchandise or advertising.
Sewer contractor. A person shall conduct or engage in
the business of, or act as or in the capacity of, a sewer
contractor, for the purpose of this chapter, if he, in any
capacity other than as an employee of a duly licensed sewer
contractor with wages as his sole compensation, undertakes to do,
or does himself, or by or through others, any work for which a
Ordinance Number /~ 7 b
sewer permit is required to be obtained1 provided, however, that
a plumbing contractor shall not be required to have a sewer
contractor's license to install, alter or repair a cast-iron
house sewer leading from a point two feet outside of a building
or structure to the lot line or a cesspool or septic tank1 and
provided further, that a sewer contractor shall not be authorized
by his license to install, alter or repair any sewer or parts of
a sewer consisting of cast-iron pipe.
Sian craft. "Sign craft" shall mean and include the
following practices: Sign painting, lettering, inscribing
letters or figures on the surface of any building, glass, metal, I
wood or composition material, or on the surface of any material
of any description, or molding of letters of metal, or tile, or
carving letters of wood, or manufacturing letters of paper or any
other materials for sign purposes, or building, erecting or
repairing signs upon the surface of the ground, or upon the
surface or roof of any building or structure, or attaching
letters to be surface of any such signs.
social club. A "social club" shall mean and include
every philanthropic, eleemosynary or fraternal corporation,
association or organization, voluntary, cooperative or otherwise,
organized and maintained for the promotion of literature,
science, politics, good fellowship, philanthropy, or for the
social or physical welfare, benefit or amusement of the
membership, which operates and functions upon a nonprofit basis,
and which maintains a club room or club house.
Solicitina. "SOliciting" shall mean and include
traveling or going from place to place, or from house to house,
and soliciting or taking orders for any goods, wares, merchandise
or advertising for delivery at a time in the future.
Swap meetina. "Swap meeting" means the act or practice
of carrying on, in a single location, the exchange, bartering,
trading, selling or purchasing of personal property, other than a I
business otherwise licensed in accordance with the provisions of
this chapter.
SwaD meetina Darticipant. A participant in a swap
meeting shall mean and include a person who exchanges, barters,
trades, sells or purchases personal property in or at a swap
meeting.
Sworn Statement. "Sworn statement" shall mean an
affidavit sworn to before a person authorized to take oaths, or a
declaration or certification made under penalty of perjury.
Tattooina. "Tattooing" shall mean and include the act
or process of marking or coloring the skin of any person by the
insertion of pigment under or in the skin or by production of
scars.
Tile and Marble Contractors. A person shall conduct or
engage in the business of, or act as or in the capacity of, a
tile and marble contractor, for the purpose of this chapter, if
he, in any capacity other than as an employee of a duly licensed
tile and marble contractor with wages as his sole compensation,
undertakes to, or does himself, or by or through others, set,
alter or repair glazed or unglazed, plain or ornamental
composition tile, marble, granite or other finished stone I
materials when used for floors, walls, wainscots, ceilings,
borders, bulkheads, counters, drainboards or mantels1 provided,
however, that the installation of rubber tilint, linoleum, cork
composition flooring or other similar materials not ordinarily
used by marble or tile setters shall not constitute work for
which a tile and marble contractor's license shall be required1
and provided further, that an owner of a single-family dwelling
which is used exclusively as the residence of such owner, and not
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Ordin~nce Number ~~
for income purposes, may himself do tile and marble work without
a tile and marble contractor's license upon such dwelling or any
accessory building thereof located upon the same premises.
Truck Transportation and Baaaaae Business. "Truck
transportation and baggage business" shall me~n and include the
business of driving or operating any cart, wagon, truck, van,
dray or other vehicle drawn by horses, mules or other animals, or
propelled by motor or attached to any vehicle drawn by horses,
mules, or other animals or propelled by motor, for the trans-
portation of baggage, express, freight, household goods,
merchandise, materials or other personal property for hire or
compensation.
Weather strippina Contractors. A person shall conduct
or engage in the business of, or act as or in the capacity of, a
weather stripping contractor, for the purpose of this chapter, if
he, in any capacity other than as an employee of a duly licensed
weather stripping contractor, with wages as his sole compensa-
tion, undertakes to, or does himself, or by or through others,
installs material to cover the joint of a door, window or
similar opening, with the sill, casing or threshold or a
dwelling or other structure, for the purpose of excluding rain,
drafts or other undesirable aspects of the outside atmosphere
therefrom. The owner of any building or structure shall not be
required to have such license personally to do such work upon his
own building, so long as it is not being erected for the purpose
of sale.
Section 11-3. Tax pavment Reauired. It shall be
unlawful for any person to transact and carry on any business,
trade, profession, calling or occupation in the City without
first having procured a Business License from the City so to do
and paying the tax hereinafter prescribed, unless otherwise
exempt. No Business Tax License issued under the provisions of
this chapter shall be construed as authorizing the conduct or
continuance of any business.
Section 11-4. Business Tax A Debt. The amount of any
business tax and penalty imposed by the provisions of this
chapter shall be deemed a debt to the city. The City may pursue
any legal remedies available to it for the collection of any
delinquent business tax, penalties, and administrative costs
incurred in connection therewith, including attorney fees.
Neither the arrest prosecution, conviction, imprisonment or
payment of a fine for the violation of this chapter shall satisfy
or'diminish the indebtedness of the city created by this chapter.
Section 1l-5. Evidence of Doina Business. When any
person shall by use of signs, circulars, cards, telephone book,
newspapers, or other written means, advertise, hold out, or
represent that he is in business in the City, or when any person
holds an active license or permit issued by a governmental agency
indicating that he is in business in the City, and such person
fails to deny by a sworn statement given to the Collector that he
is conducting a business in the City, after being 'requested to do
so by the collector, then these facts shall be considered prima
facie evidence that he is conducting a business in the City.
Section 11-6. Constitutional ADDortionment. None of
the business taxes provided for by this chapter shall be so
applied as to occasion an undue burden upon interstate commerce
or be violative of the Constitutions of the United states and the
state of california.
Ordinance Number ~~
In any case where a business tax is believed by a
business license holder or applicant for a business license to
place an undue burden upon interstate commerce or be violative of
such constitutional clauses, he may apply to the Collector for an
adjustment of the tax. Such application may be made before, at,
or within six months after payment of the prescribed business
tax. The applicant shall, by sworn statement and supporting
testimony, show his method of business and the gross volume or
estimated gross volume of business and such other information as
the Collector may deem necessary in order to determine the
extent, if any, of such undue burden or violation. The Collector
shall then conduct an investigation and, after having first I
obtained the written approval of the City Attorney, shall fix as
the business tax for the applicant an amount that is reasonable
and non-discriminatory, or if the business tax has already been
paid, shall order a refund of the amount over and above the
business tax so fixed. In fixing the business tax to be charged,
the Collector shall have the power to base the tax upon a
percentage of gross receipts or other measure'as provided for in
this Chapter which will assure that the tax assessed shall be
uniform with that assessed on businesses of like nature, so long
as the amount assessed does not exceed the business tax as
prescribed by this chapter. Should the Collector determine the
gross receipts measure of business tax to be the proper basis, he
may require the applicant to submit either at the time of
termination of applicant's business in the City, or at the end of
each three-month period, a sworn statement of the qross receipts
and pay the amount of tax therefor, provided that no additional
business tax during anyone calendar year shall be required after
the business license holder shall have paid an amount equal to
the annual business tax as prescribed in this chapter.
Section 11-7. Exemptions. Nothing in this chapter
shall be deemed or construed to apply to any person transacting
and carrying on any business exempt by virtue of the Constitution
or applicable statues of the United States or the State of
California from the payment of such taxes as are herein I
prescribed. Specifically, the following are exempt from the
provisions of this chapter.
1. Banks, pursuant to Article XIII, Section 16 of the
California Constitution1
2. Insurance Companies, their employees and agents,
pursuant to Article XIII, Section 14 4/5 of the California
Constitution (this section shall not exempt brokers who are
independent contractors and agents of the insured rather than of
the insurer) 1
3. Alcoholic Beverage Licenses, pursuant to Article
XX, Section 22 of the California Constitution1
4. Disabled Veterans, pursuant to the provisions of
Section 16001 of the Business and Professions code1
5. Charitable, religious, fraternal, and educational
organizations provided that: Not less than 85 percent of the
gross receipts derived from solicitation and not less than 50
percent of the gross receipts derived from other business-related
activities are to be appropriated solely for the purposes and
objectives for which such organization or association was formed 1
6. Day-care facilities where not more than six people
are cared for on a full or part-time basis, licensed by the State
of California, pursuant to Section 1523 of the Health and Safety
Code 1 and
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7. Natural persons nineteen years of age, or under,
engaged in the business of lawn mowing and yard maintenance work.
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Ordinance Number ~~~
Any person claiming an exemption pursuant to this
section shall file a sworn statement with the Collector, on a
form provided by the Collector, stating the facts upon which
exemption is claimed, and in the absence of such statement
substantiating the claim, such person shall be liable for the
payment of the taxes imposed by this chapter.,
The collector shall, upon a proper showing contained
in the sworn statement, issue a business license to such person
claiming exemption under this section without payment to the
city of the business tax required by this chapter.
The Collector, after giving notice and a reasonable
opportunity for hearing to a business license holder, may revoke
any license granted pursuant to the provisions of this section
upon determining that the holder is not entitled to the
exemption as provided herein.
Section 11-8. Branch Establishment. A separate
business license shall be obtained for each branch establishment
or location of the business engaged in business in the CitY1 and
each license shall authorize the holder to engage only in the
business certified thereby at the location or in the manner
designated in such,license.
Every person who operates any business, whether upon a
cost rental or commission basis as a concession or upon rented
floor space in or upon the premises of any person holding a
business license under any provisions of this chapter shall
obtain a separate and independent license pursuant to the appro-
priate provision of this chapter and shall be subject to all of
the provisions hereof.
Section 11-9. Two or More Businesses at Same Location.
Except as otherwise provided in this chapter, any person con-
ducting, managing or carrying on two or more businesses at the
same location shall apply for and obtain a business license for
each such business. However, where the tax upon each business is
based on gross receipts, the gross receipts may be combined and
one business tax paid on the basis of the combined total gross
receipts of the several businesses and one business tax shall be
issued. In the event the tax for each business is based on gross
receipts under different tax rate schedules, such person shall
pay a license tax for the combined total gross receipts of the
several businesses based on that tax rate schedule applicable to
the business activity producing the greatest amount of gross
receipts.
Section 11-10. Non-transferable. Chanae of Location.
No business license issued pursuant to this chapter shall be
transferable1 provided that where a license is issued indicating
a person is transacting and carrying on a business at a
particular place, such license holder upon application therefor,
payment of a five dollar ($5.00) fee, and relinquishment of the
original business license may obtain a new business license
showing some other location to which the business is or is to be
moved.
No person shall loan his business license to another.
Section 11-11. DUDlicate Business license. A
duplicate business license may be issued by the Collector to
replace any license previously issued hereunder which has been
lost or destroyed upon the holder filing a statement of such
fact, and at the time of filing such statement, paying to the
Collector a duplicate business license fee of five dollars
($5.00).
Any
~ection 11-12. postina and KeeDina Business Licenses.
person transacting and carrying on business at a fixed
,
Ordinance Number 10( 7 b
/
location in the City shall keep the business license posted in a
conspicuous place upon the premises where such business is
carried on.
Any person transacting and carrying on business but not
operating at a fixed location in the City shall keep the business
license upon his person at all times while transacting and
carrying on the business for which it is issued.
Section 11-13. Business Tax - How and When Pavable.
All Business Taxes due under the provisions of this chapter shall I
be paid in advance, in lawful money of the United states of
America.
Unless otherwise specifically provided herein, all
Business Taxes shall be due and payable as follows:
1. Daily Taxes. Due on its effective day.
2. Annual Taxes. Due on first day of July.
3. Business taxes for new operations commenced after
the first day of July are due within 30 days of the date the
business commenced. In subsequent years taxes shall be due on
the first day of July.
Section 11-14.
Business Taxes due under
delinquent as follows:
1. Daily Taxes. Delinquent at 5:00 p.m. on the due
Delinauent Taxes - Penalties. All
the provisions of this chapter are
date.
2. Annual taxes. Delinquent at 5:00 p.m. on July
30th except all annual business taxes paid on a gross receipts
basis are delinquent at 5:00 p.m. on August 31.
3. Taxes for new business operations commencing after
the first day of July are delinquent at 5:00 p.m. on the 30th
day from the date the operation commenced.
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A penalty of twenty-five percent (25%) shall be added to each
business tax remaining unpaid thirty (30) days after it becomes
due. A penalty of fifty percent (50%) shall be added to each tax
remaining unpaid sixty (60) days after it becomes due. A
penalty of one hundred percent (100%) sha11 be added to each tax
remaining unpaid ninety (90) days after it becomes due. Except
that those unpaid taxes based on gross receipts other than those
taxes for new businesses payable in accordance with SeQtion
11-16 shall have a penalty of twenty-five percent (25%) added on
september 1, fifty percent (50%) added on October 1, and one
hundred percent (100%) added on November 1.
The Collector may, upon receipt of a written request
therefor, extend for not more than thirty days, the time for
paying any sum required to be paid hereunder provided ~ written
request is filed with the Collector prior to the delinquency
date.
Section 11-15. Refunds. No refund of an overpayment
of taxes imposed by this chapter shall be allowed in whole or in I
part unless a claim for refund is filed with the Collector within
a period of one (1) year from the last day of the calendar month
following the period for which the overpaymenb was made, and all
such claims for refund of the amount of the overpayment must be
filed with the Collector on forms furnished by him and/or in the
manner prescribed'by him. Upon the filing of such a claim and
when he determineS that an overpayment has been made, the
Collector may refund the amount overpaid.
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Ordinance Number /d2 ~
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If application is made and business tax paid for a
business which subsequently does not operate in the City, the
applicant shall be entitled to a refund of eighty percent (80%)
of the amount paid provided a claim therefor is filed within
thirty (30) days from the date on which payment was made.
Section'll-16. ADDlication. First Business License.
Every person required to pay a business tax under the provisions
of this chapter shall make application for the same to the
Collector upon a form provided by the Collector, and shall
provide that information required by the Collector to enable
issuance of the business license.
Upon application for a business license for a new
business taxed on the basis of gross receipts, an applicant
shall be required to pay only the minimum tax applicable to the
business, for the first year of business in the City.
section l1-l7. Renewal Business License. In all
cases, the applicant for the renewal of a business license shall
submit to the Collector a sworn statement, upon a form to be
provided by the Collector, setting forth such information
concerning the applicant's business during the preceding year as
may be required by the Collector to enable him to ascertain the
amount of the tax to be paid by said applicant pursuant to the
provisions of this chapter.
section 11-18. Contents of Business License. Every
person required to pay a business tax under the provisions of
this chapter, who has made application as hereinabove
prescribed, and who has paid the prescribed tax, shall be issued
a business license which contains the following information:
1.
The name of the person to whom the license is
issued.
2.
The name of the business license1
3. The place where such business is to be transacted
and carried on1
4.
The date of the expiration of such license1
and
5. Such other information as may be necessary for the
enforcement of the provisions of this chapter.
Section 11-19. Statements and Records. No statement
shall be conclusive as to the matters set forth therein, nor
shall the filing of the same preclude the City from collecting by
appropriate action such sum as is actually due and payable
hereunder. Such statement and each of the several items therein
contained shall be subject to audit and verification by the
Collector, his deputies, or authorized employees of the City, who
are hereby authorized to examine, audit and inspect such books
and records of any business license holder or applicant for said
license as may be necessary in their judgment to verify or
ascertain the amount of business tax due.
All persons subject to the provisions of this chapter
shall keep complete records of business transactions, including
sales, receipts, purchases, and other expenditures, and shall
retain all such records for examination by the Collector. Such
records shall be maintained for a period of at least three years.
No person required to keep records under this section shall
refuse to allow authorized representatives of the Collector to
examine said records at reasonable times and places.
Section 11-20. Information Confidential. It shall be
unlawful for the Collector or any person having an administrative
duty unde.~ the provisions of this chapter to make known in any
Ordinance Number 1.'-2;1~
manner whatever the business affairs, operations, or information
obtained by an investigation of records and equipment of any
person required to obtain a business license or pay a business
tax, or any other person visited or examined in the discharge of
official duty, or the amount or source of income, profits,
losses, expenditures, or any particular thereof, set forth in any
statement or application or to permit any statement or
application or copy of either, or any book containing any
abstract or particulars thereof to be seen or examined by any
person. Nothing in this section shall be construed to prevent:
1. The disclosure to, or the examination of records
and equipment by another City Official, employee or agent for
collection of taxes for the sole purpose of administering or
enforcing any provisions of this chapter, or collecting taxes
imposed hereunder1
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2. The disclosure of information to, or the
examination of records by, Federal or state officials, or the tax
officials of another city or county, or city and county, if a
reciprocal arrangement exists, or to a grand jury or court of
law, upon subpoena1
3. The disclosure of information and results of
examination of records of particular taxpayers, or relating to
particular taxpayers, to a court of law in a proceeding brought
to determine the existence or amount of any Business Tax
Liability of the particular taxpayers to the CitY1
4. The disclosure after the filing of a written
request to that effect, to the taxpayer himself, or to his
successors, receivers, trustees, executors, administrators,
assignees and guarantors if directly interested, of information
as to the items included in the measure of any paid tax, any
unpaid tax or amounts of tax required to be collected, interest
and penalties1 further provided however, that the City Attorney
approves each such disclosure and that the Collector may refuse
to make any disclosure referred to in this paragraph when in his
opinion the public interest would suffer thereby;
5. The disclosure of the names and addresses of
persons to whom business licenses have been issued, and the
general type or nature of their business1
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6. The disclosure by way of public meeting or
otherwise of such information as may be necessary to the City
Council in order to permit it to be fully advised as to the facts
when a taxpayer files a claim for refund of business taxes, or
submits an offer of compromise with regard to a claim asserted
against him by the City for business taxes, or when acting upon
any other matters1 and
7. The disclosure of general statistics regarding
taxes collected or business done in the City.
Section 1l-21. Failure to File statement or Corrected
statement. If any person fails to file any required statement
within the time prescribed, or if after demand therefor made by
the collector he fails to file a corrected statement, or if any
person subject to the tax imposed by this chapter fails to apply
for a business license, the Collector shall determine the amount I
of tax due from such person by means of such information as he
may be a~le to obtain.
If the Collector is not satisfied that any statement
filed as required in this Chapter is correct, or that the amount
of the tax is correctly computed, he shall determine the amount
of any business tax due by means of any information he may be
able to obtain. If such a determination is made, the Collector
shall give notice of the amount so assessed by serving it
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Ordinance Number ~~~~
personally or by depositing it in the United states Post Office
at Seal Beach, California, postage prepaid, addressed to the
person so assessed at his last known address. Such person may
within ten (10) days after the serving or mailing of such notice
make an applicatiQn in writing to the collector for a hearing on
the amount of the Business Tax. At such hearing the applicant
may offer evidence of the amount alleged to be the proper
Business Tax. After such hearing the Collector shall determine
the proper tax to be charged and shall give written notice to the
applicant in the manner prescribed herein of such determination
and the amount of such tax.
If application for a hearing is not made within the
time prescribed, the business tax determined by the Collector
shall become final and conClusive.
Section 11-22. Appeal. Any person aggrieved by a
decision of the Collector, or of any other officer of the city,
made pursuant to the provisions of this chapter concerning his
business tax may appeal therefrom to the city Council within
fifteen (15) days after notice thereof by filing with the City
Clerk a written notice of appeal, briefly stating in such notice
the grounds relied upon for appeal. If such appeal is made
within the time prescribed, the City Clerk shall cause the matter
to be set for hearing before the City council within thirty (30)
days from the date of receipt of such notice of appeal, giving
the appellant not less than ten (10) days' notice in writing of
the time and place of hearing. The findings and determination of
the City Council at such hearing shall be final and conclusive.
No such determination shall conflict with any substantive
provisions of this chapter. Within three (3) days after such
findings and determinations are made, the city Clerk shall give
notice thereof to the appellant.
In the event no appeal is taken, the decision of the
Collector shall become final and conclusive on expiration of the
time fixed in this section for appeal.
Section 11-23. Effect on Other Ordinances. Persons
required to pay a business tax for transacting and carrying on
any business under the provisions of this chapter shall not be
relieved from the payment of any other applicable tax or fee
required under any other provisions of the Code of the city and
shall remain subject to the regulatory provisions of other
ordinances and the Code.
Section 11-24. Unlawful Businesses. No business
license issued under the provisions of this chapter shall be
construed as authorizing the conduct of or continuation of any
illegal or unlawful business or activity.
Section 11-25. Effect of Article on Past Actions.
Neither the adoption of this ordinance nor its superseding of
any portion of any other ordinance of the City shall in any
manner be construed to affect prosecution for violation of any
other ordinance committed prior to the effective date hereof, nor
be construed a waiver of any business tax or any penal provision
applicable to any such violation, nor be construed to affect the
validity of any bond or cash deposit required by any ordinance to
be posted, filed, or deposited, and all rights and obligations
thereunto appertaining shall continue in full force and effect.
Where a business license for revenue purposes has been
issued to any person by the City and the tax paid for the
business for which the license has been issued under the
provisions of any ordinance heretofore enacted and the terms of
such license has not expired, then the business tax prescribed
for said business by this chapter shall not be payable until the
expiration of the term of such unexpired business license.
Ordinance Number /027~
section 11-26. Rules and Reaulations. The Collector
may make rules and regulations not inconsistent with the provi-
sions of this chapter as may be necessary or desirable to aid in
the enforcement of the provisions of this ordinance. Said rules
and regulations shall be in writing and filed in the office of
the Collector.
Section 11-27. Enforcement. It shall be the duty of
the Collector and he is hereby directed to enforce each and all
of the provisions of this chapter, and the Chief of Police and
City Attorney shall render such assistance in the enforcement
hereof as may be required by the Collector or the City Council.
The Collector in the exercise of the duties imposed
upon him hereunder, and acting through his deputies or duly
authorized assistants, shall examine or cause to be examined all
places of business in the city to ascertain whether the
provisions of this chapter have been complied with.
The Collector and each and all of his assistants and
any police officer shall have the power and authority to enter,
free of charge, and at any reasonable time, any place of business
required to pay a business tax prescribed herein, and demand an
exhibition of its business license. Any person having such
license theretofore issued in his possession or under his control
who wilfully refuses to exhibit necessary books and records as
required by the Collector or any of his assistants, shall be
guilty of a misdemeanor and subject to the penalties provided for
by the City Code. It shall be the duty of the Collector and each
of his assistants to cause a complaint to be filed against any
and all persons found to be violating any of said provisions.
Each department of the City which issues permits for
work to be done shall require the production of a valid unexpired
business license prior to the issuance of such a permit.
Final building inspection approvals shall be issued I
only when it is ascertained by the Building Division that all
business tax liability of the prime contractor and all
sub-contractors employed by the prime contractor has been fully
satisfied.
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Section 1l-28. Penaltv for Violation. Any person
violating any of the provisions of this chapter or knowingly or
intentionally misrepresenting to any officer or employee of this
City any material fact in procuring the business license herein
provided for shall be guilty of a misdemeanor and be subject to
statutory penalties.
Section 11-29. , Remedies Cumulative. All remedies
prescribed hereunder shall be cumulative and the use of one or
more remedies by the City shall not bar the use of any other
remedy for the purpose of enforcing the provisions hereof.
Section 11-30. Revenue Measure. Articles I and II of
this Chapter are enacted solely to raise revenue for municipal
purposes and are not intended for regulation. Where this chapter
provides regulations for businesses, compliance with such
provisions shall be a prerequisite to issuance of a business
license.
Section 3. Chapter 11, Article II of the Code of the I
city of Seal Beach is hereby amended to read:
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Ordinance Number ~~)'~
,
Article II
BUSINESS TAX RATES
section 11-31. pavment of Tax Reauired. Every person
engaging in or conducting within the City any business, occupa-
tion or profession enumerated in this article'shal1 pay the
business tax for such respective businesses, occupations or
professions that are prescribed in this Article.
Section 11-32. Amount: Consumer Price Index
Ad;ustment. The business tax for fiscal year 1988-89 shall be
$100.00 for each business, or the amount computed in accordance
with the provisions of this chapter, whichever is greater. The
business tax amount set forth in this article, for all businesses
. other than those based on gross receipt taxes, shall be adjusted
annually on July 1st of each year in accordance with the increase
in the Consumer Price Index. For purposes of this Chapter,
"Consumer Price Index" means the revised consumer price index for
All Urban Consumers, Los Angeles-Long BeaCh-Anaheim, 1967=100, as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor, or if any such agency shall cease to prepare
such an Index, then any comparable index covering the Los Angeles
and orange County areas prepared by any other federal or state
agency, which is approved by the City Council.
Section ll-33. Tax Rate Schedule.
(a) The following businesses shall pay a business tax
in the amount of $lOO.OO:
Aircraft sales, repairs, painting, and sale of
aircraft parts1
Arcade
Auctioneer
Automobile repair, and automobile parts and
equipment business unless licensed in conjunction with the sale
of new and used vehicles1
Automobile parking space for hire1
Automobile wrecking shoP1
Barber shoP1
Bathhouse (public) 1
Christmas tree and ornament sales at a fixed place
of business except in conjunction with sales from a location in
which a valid general merchandise business license certificate is
in effect:
Christmas tree sales (temporary) for a period not
to exceed forty-five (45) days between November 1 and January 11
Cleaning and pressing establishments including,
but not limited to laundries, laundry agencies, dry cleaning,
dyeing, and blocking of wearing apparel and fabrics 1
Cold storage plants for purpose of storing food
and dairy products1
Collection agencies1
Commercial/industrial rental
.
Ordinance Number ~lk
Contractors, including but not limited to general
and restricted electrical contractors, plastering, plumbing,
building, cement, sewer, decorating, refrigeration, bathing,
masonry, roofing, tile, and weather stripping contractors, and
maintenance electricians1
Cosmetology establishments and cosmetic treatments
outside a fixed place of business1
Dancing academy
Day nurseries, kindergartens and private school, I
unless otherwise exempt1
Directory publications1
Dog and cat hospital or boarding kennel unless
otherwise exempt
Eating establishments;
Employment bureaus1
Handbill distribution 1
Ice sale, delivery of ice, and ice vending
machines except separate license not required for vending machine
located at place of manufacture1
Junk dealers1
Laundry agencies and laundry outside the city
where laundry placed, collected and delivered in the citY1
Linen supply business except if valid license for
laundry;
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Livery stables and riding academies;
Lockers and locker storage, excluding athletic,
golf and country clubs, and gymnasiums and bathhouses1
Massage parlor;
Miniature trains for hire, $100.00 for each train1
Motels, hotels and rooming houses in which the
rental term is day to day or week to week1
Motion picture theatre, live theatre or
vaudeville;
Municipal market sales
Photographers
Private patrol systems
Professional services including but not limited to
doctors, dentists, lawyers, accountants, veterinarians,
engineers, architects, real estate brokers, sale of securities I
and consultants1
Public dance hall lease or rental
Public garage
Repairing, processing, or servicing goods, wares,
merchandise or articles for others if not specifically required
to be licensed under other provisions of this chapter1
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Ordinance Number ~~~~
Residential rental of six (6) or more units1
Repossession agencY1
Retail sales establishments not specifically
required to be licensed under any other provision of this
chapter:
Sales representing or advertised as bankruptcy,
liquidation or close-out sales1
Secondhand dealers1
Self-employed persons not specifically required to
obtain a license under any other provision of this Chapter1
Selling goods, wares or merchandise at wholesale
not specifically governed under any other provision of this
Chapter 1
Shoe shine stand or pa~lor1
Shooting gallerY1
Signcraft or sign painting, except that no person
in the regular employment of another holding a valid license
pursuant to this Chapter shall be required to obtain a license1
Social c1ub1
Swap meets, arts, crafts and similar special sales
Tailor ShOP1
Trade schools and business college, unless
otherwise exempt1
Truck transportation and baggage business1
Undertakers 1
Warehouse 1
Wedding chapel.
(b) All persons engaged in the following businesses
shall pay an annual flat rate tax of two hundred dollars
($200.00):
Advertising services (except handbill
distribution) 1
Amusement parks1
Entertainment cafes1
Live or stuffed animal, fish and reptile Shows1
Commission merchants or brokers1
Tattooing.
(c) All persons engaged in the following businesses
shall pay an annual flat rate tax as set forth below1 however, in
no event shall the annual tax be less than one hundred dollars
($100.00):
1. Aircraft for hire - one hundred dollars
($100.00) for the first aircraft and twenty dollars ($20.00) for
each additional aircraft 1
Ordinance Number 1'~i1~
2. Beach umbrella and equipment rental stands -
one hundred dollars ($100.00) for the first stand or place and
twenty dollars ($20.00) for each additional stand or branch
place1
3. Billiards and bowling alleys including but
not limited to pool tables, bumper pool tables or similar
devices 1 however, a separate license is not required for coin-
operated lockers in bowling alleys - one hundred dollars
($100.00) plus ten dollars ($10.00) for each table or alley over
ten (10)1
4. Boat rental - one hundred dollars ($100.00)
for each boat less than twenty-five feet in length, plus eight
dollars ($8.00) per foot for each boat exceeding twenty-five feet
in length1 '
5. Bottled water sales (retail), excluding
eating establishments, confectionery stores or similar
businesses - one hundred dollars ($100.00) for the first vehicle
used in carrying on such business plus twenty-five dollars
($25.00) for each additional vehicle so used1
6. Boxing matches (professional contest or
exhibition) - one thousand dollars ($1,000.00)1
7. Carnivals and fairs, excluding those operated
by school organizations, churches, or other nonprofit
organizations for charitable purposes - six dollars ($6.00) per
day for each game, exhibition, show recreational device, or
concession booth1
8. Circus - seven hundred dollars ($700.00) for
the first day and four hundred dollars ($400.00) for each day
thereafter 1
9. Fire sale, excluding sales where the seller
was the legal owner of the merchandise to be sold at the time of
such fire - one thousand two hundred dollars ($1,200.00)1
10. Fortune telling - seven hundred fifty dollars
($750.00) the first year and five hundred dollars ($500.00)
thereafter 1
11. Grocery bus - one thousand dollars
($1,000.00)1
12. Herb doctors - one hundred fifty dollars
($150.00) plus twenty dollars ($20.00) for each additional
partner 1
13. Junk collector - one hundred dollars
($100.00), which includes the right to use one vehicle or boat1
plus twenty dollars ($20.00) for each additional vehicle or boat
USed1
14. Medicine show - six hundred dollars
($600.00);
Milk distribution - one hundred dollars
dollars ($10.00) for each vehicle used beyond
15.
($100.00), plus ten
the first vehicle1
16. Money lenders - one hundred fifty dollars
($150.00)1
17. Motion picture or photoplay filming or
prOduction - fifty dollars ($50.00) per daY1 except persons with
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Ordinance Number .~~~
a fixed place of business in the City - one hundred fifty dollars
($150.00);
18. Oil business - as set forth in Chapter 15A;
19. Peddlers and itinerant vendors:
Foodstuffs not otherwise provided for - one
hundred dollars ($100.00) which includes the use of one vehicle
plus sixty dollars ($60.00) for each additional vehicle1
Medicine - six hundred dollars ($600.00);
- All others unless otherwise required to be
licensed - one hundred dollars ($100.00) includes the use of one
vehicle or boat, plus one hundred dollars ($100.00) for each
additional vehicle or boat1
20. Sanitariums, including rest home,
convalescent home or home for the aged which provide care for
more than three persons at one time - one hundred dollars
($100.00) plus two dollars ($2.00) for each patient in excess of
three, based on the average number of patients per day, computed
monthly l'
2l. Selling club plans, including sale of
membership in any club or cooperative association and sale of
discount coupon books - four hundred dollars ($400.00)1
22. Soliciting, canvassing or taking orders for
goods or advertising, excluding representatives of an established
or fixed place of business in the City who submits an affidavit
to the collector not less than forty eight hours before such
solicitation - two hundred dollars ($200.00) or ten dollars
($10.00) per daY1
23. Vehicles for hire:
vehicles which seat less than sixteen people
- one hundred dollars ($100.00) per vehicle1
vehicles which seat more than fifteen people
- one hundred twenty dollars ($120.00) per vehicle1
vehicles which are designed or used primarily
for transportation of property where available for lease or
rental without the driver - fifty dollars ($50.00) for the first
vehicle plus twenty dollars ($20.00) for each additional vehicle1
ambulances or invalid coaches-fifty dollars
($50.00) for first vehicle plus twenty dollars ($20.00) for each
additional vehicle1
motor scooters - one hundred dollars
($100.00) plus four dollars ($4.00) for each vehicle in excess of
five vehicles;
24. New and used car sales, such license also
authorizes the holder to repair such vehicles and sell motor
vehicle parts and accessories - one hundred fifty dollars
($150.00) 1
25. Vending machines:
Merchandise dispensing - twenty dollars
($20.00) per machine;
Juke box and amusement machines, including
electronic games and pinball machines - thirty dollars ($30.00)
per machinel
Ordinance Number ~7~
Photographic and voice recording machines -
one hundred dollars ($100.00) for the first five machines, plus
twenty dollars for each additional machine1
26. Wrestling - six hundred dollars ($600.00).
(c) All persons engaged in the following businesses
shall pay an annual business tax based on gross receipts,
however, in no event shall the business tax be less than one
hundred dollars ($100.00)1
1. Country club golf courses - forty cents
($.40) per one thousand dollars ($1,000.00) of total gross
receipts;
I
2. ManUfacturing, including every person, firm,
corporation, firm or partnership, manufacturing, processing,
fabricating, designing, engineering any product, commodity,
airplane, ship, selling any such product at wholesale or to
jObbers, or selling any such product at retail, or selling any
such product at both wholesale and at retail, or any and every
person contracting for or agreeing to manufacture, process,
fabricate, design or engineer any product, commodity, airplane,
ship, machine, vehicle, instrumentality, tool or other thing for
fee, charge, valuable consideration or otherwise agreed upon sum
of money - forty cents ($.40) per one thousand dollars of total
gross receipts.
Section 4. Chapter 11, Article III of the Code of the
City of Seal Beach is hereby amended to read:
Article III
REGULATION OF BUSINESSES.
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Section 11-34. Bonds and Policies of Insurance.
Whenever any bond or policy of insurance is required
be filed in connection with the issuance of any license, such
license shall not be effective until such bond or policy of
insurance has been first approved as to sufficiency and as to
form by the City Attorney. In the event any bond or policy of
insurance required shall become ineffective for any reason, the
license issued in connection with such bond or policy of insur-
ance shall be automatically suspended until such time as the
licensee furnishes a new bond or policy of insurance in
compliance with this section.
Section 11-35. Termination of Liabilitv on Bonds.
to
The liability on any surety bond deposited with the
city pursuant to the provisions of this Chapter may be terminated
upon the filing with the city Clerk by the surety on such bond of
a written notice to the City wherein it shall be stated that the
surety intends to terminate the liability upon the bond, the
termination to become effective thirty days from and after the
day upon which such notice of intention to terminate liability is
filed with the city clerk1 provided, however, that in no case
shall the termination of liability by the surety on any bond I
affect any liability incurred prior to the date of termination
thereof.
Section 11-36. Revocation. SusDension: Grounds.
(a) Any,license issued under the terms of this Chapter
may be revoked or suspended at any time thereafter by the City
Manager where the licensee has violated any terms or provisions
Ordinance Number ,1~~~
of said license, any provisions of this Code, or any other
ordinance or statute relating to the permitted activity.
(b) Appeal - Initiation - Contents of Notice of
Appeal. Any person may file an appeal to the City Council with
the City Clerk from any decision of the City Manager within
fifteen days after notice of such decision is'given. Any such
appeal shall be in writing and shall specify:
I 1. ~e name and address of appellant1
2. The matter being appealed1
.
3. A statement of the grounds of appeal.
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(c) Hearina on ADPeal. Notice. The City Council shall
hold a hearing in the manner provided herein on' any appeal duly
filed pursuant to the provisions of (b) of this Section. Notice
of such hearing shall be given to the appellant not less than
five (5) days before such hearing either by registered or
certified mail, postage prepaid, return receipt requested,
addressed to the appellant or other interested person at the
address stated in the notice of appeal or as filed with or known
to the City Clerk, or in the manner required for the service of
summons in civil actions. '
(d) Hearina. At the time of hearing, the Council
shall hear and consider any relevant evidence. At such hearing,
the appellant shall be given an opportunity to appear either
personally or by counsel and to be heard and to call witnesses on
his or her behalf. The Council may place any witness, including
the appellant, under oath. The hearing may be continued from
time to time as determined necessary by the Councilor upon the
request of the appellant upon good cause being shown therefor, in
the discretion of the City Council.
(e) Hearina. Decision. At the close of the hearing or
at any time within thirty (30) days thereafter, the City Council
shall determine whether to grant or deny the appeal and may
impose any conditions it deems necessary. The decision of the
city Council shall be final.
(f) Notice of Decision. Unless the Council publicly
announces its decision at the close of the hearing, it shall,
within thirty (30) days thereafter, cause notice of its decision
to be given. Such notice shall be given either by personal
delivery thereof to the appellant or to any employee of such
appellant at the address set forth in the notice of appeal,
providing said licensee is absent from said place of business, or
by depositing such notice in the United States mail in a sealed
envelope, first class registered or certified mail, postage
prepaid, return receipt requested, addressed to the appellant at
said address or to such other address of the appellant as may be
filed with or known to the city Clerk. Service by mail shall be
deemed to have been completed at the time of deposit in a
facility of the united States Post Office Department.
(g) No License to be Issued. After revocation or
suspension of any license by the City Manager, no license shall
thereafter be issued by the City Manager to the licensee to carry
on any business or do any act for which said license was granted
until a new license shall have been granted therefore by the City
Council following a hearing pursuant to the procedure provided in
(c), (d), and (e) of this section.
(h) New License Reauired. No person whose license has
been suspended or revoked pursuant to this chapter shall engage
in or carry on any business or do any act permitted to be done
pursuant to such license during the period of suspension or after
Ordinance Number ~~7~
revocation thereof, until a new license shall have been granted
and such license shall be in full force and effect.
Section 11-37. PhotoaraDhs To Be Filed With ADDlica-
tion; Any photographs required to be furnished in connection
with any license issued by the City Clerk shall be in good
condition so as to be easily identified with the applicant or
licensee, and shall have been taken within six months prior to
the time such photograph is required. Upon the renewal of any
license, the original issuance of which required a photograph,
the City Clerk may require the applicant to furnish a new
photograph, and no renewal license shall be issued until such new
photograph is furnished.
Section 11-38. Fortune Tellina and Similar Practices.
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(a) Every natural person who engages in, practices or
professes to practice, within the city, the business or art of
astrology, phrenology, life reading, fortune telling, cartomancy,
clairvoyance, crystal gazing, hypnotism, mediumship, mesmerism,
oriental mysteries, palmistry, spirits, etherealization,
numerology, physiognomy, seership, prophecy, augury, divination,
magic, necromancy, reading of tarot or similar cards, or use of
other similar occult powers for any form of compensation, shall
comply with the license requirements set forth in this Chapter.
(b) Compliance with License. No person shall
commence, engage in, or advertise that he will engage in any
business or activity specified in Section 11-38(a) without first
having procured a license as required by the licensing provisions
of this Chapter or without complying with any and all regulations
of such business or activity contained in this Chapter or any
ordinance of the City. Each person who engages in any of the
activities specified in Section 11-38(a) shall procure a license
in the manner prescribed in this Chapter, regardless of whether
or not such person is practicing such activity on behalf of or in
conjunction with any corporation, partnership, organization, or I
any other person or persons. The advertisement, commencement, or
practice of any activity mentioned herein, without first having
procured such license when required to do so or without
complying with any and all laws of this City, shall constitute a
separate violation of this Chapter for each and every day such
business or activity is so advertised or practiced.
(c) ADDlication.
profession, art, or business
submit an application to the
provide the following:
(i) Name and address of the applicant. '
Every person desiring to practice a
specified in Section 11-38(a) shall
City Manager. The applicant shall
(ii) Address of the proposed location for the
conduct of the proposed profession, art or business.
(iii) Record of conviction for violations of the
law, excluding minor traffic violations.
(iv) Two copies of a photograph, one inch by one
inch in size, taken within six months of the application.
(v) Fingerprints of the applicant on a form
approved by the Police Department.
(vi) Address, including city and state, and
approximate dates when the applicant practiced a similar
business, either alone or in conjunction with others.
(vii) Such other and further information as the
city Manager may find necessary.
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Ordfnance Number ~~~~
.
(d) Investiaation. The City Manager shall make, or
cause to be made, an investigation of each application in order
to verify the facts contained in the application. After
conducting said investigation, the city Manager shall approve the
issuance of th~ license if it is found that:
(i) All the information contained in the
application is true1 and
(ii) The applicant has not previously engaged in
any fraudulent activity or has not been convicted of a crime
involving dishonesty, fraud, deceit, or moral turpitude.
(e) Issuance of License. Upon approval of said
application, the city Manager shall thereafter issue the license
when:
(i) The required business tax has been paid1 and
(ii) A bond is filed with the City Manager in the
principal sum of $10,000.00 executed by a corporate surety
authorized to do business in this state, which bond has been
approved by the City Attorney. Such bond shall be given to
insure geod faith and fair dealing on the part of the applicant
and as a guarantee of indemnity for any and all loss, damage,
injury, theft, or other unfair dealing suffered by any patron of
the applicant within the city during the term of the license.
(f) Denial of License. In the event the City Manager
denies a permit to any applicant, the city Manager shall give the
applicant written notice of the denial, in person or by
registered mail, stating the reasons for such denial.
(g) Appeal of Denial of License. Any applicant may
file an appeal to the city Council with the City Clerk from a
decision of the city Manager denying a license application within
fifteen (15) days after notice of such decision is given.
(i) Contents of Notice of ADDeal. Any such
appeal shall be in writing and shall specify:
1. The name and address of appellant1
2. The matter being appealed1
3. A statement of the ground of appeal.
(ii) Hearina on ADDeal. The City Council shall
hold a hearing in the manner provided herein on any appeal duly
filed pursuant to the provisions of this Section. Notice of such
hearing shall be given to the appellant not less than ten (10)
days before such hearings either by registered or certified mail,
postage prepaid, return receipt requested, addressed to the
appellant to the address stated in the notice of appeal or as
filed with or known to the City Clerk, or in the manner required
for the service of summons in civil actions. At the time of the
hearing, the Council shall hear and consider any relevant
evidence. At such hearing, the appellant shall be given an
opportunity to appear either personally or by counsel and to be
heard and to call witnesses on his or her behalf. The Council
may place any witness, including the appellant, under oath. The
hearing may be continued from time to time as determined
necessary by the Councilor upon request of the appellant upon
good cause being shown therefor, in the discretion of the City
Council.
(iii) Decision. At the close of the hearing or
at any time within thirty (30) days thereafter, the City council
shall determine whether to grant or deny the appeal and may
Ordinance Number ~~,,~
impose any conditions it deems necessary. The decision of the
City Council shall be final.
(iv) Notice of Decision. Unless the Council
publicly announces its decision at the close of the hearing, it
shall, within thirty (30) days thereafter, cause notice of its
decision to be given. Such notice shall be given either by
personal delivery thereof to the appellant or to an employee of
such appellant to the address set forth in the notice of appeal,
providing such appellant is absent from said place of business,
or by depositing such notice in the united states Mail in a
sealed envelope, first class registered or certified mail, I
postage prepaid, return receipt requested, addressed to the
appellant to said address or to such other address of the
appellant as may be filed with or known to the city Clerk.
service by mail shall be deemed to have been completed the time
of deposit in a facility of the United States Post Office
Department.
(h) Terms and Renewal of License. Any license issued
pursuant to this Section shall be valid for a period of one year
unless revoked by the City Manager. Upon the expiration of such
license and written request by the applicant, the City Manager
shall renew the license within ten (10) days of such request if
the factual information upon which the original application was
granted remains unchanged and there has been no violation of this
chapter.
Sec. 11-39. Permit Reauired For Sale of Secondhand
Aircraft Parts or Accessories. No person shall engage in the
business of selling secondhand aircraft parts or accessories
until a permit therefor shall have been obtained from the Chief
of police of the city.
Sec. 11-40. Reaistration of Amusement Machines or
Games and DisDlav of StamD. All amusement machines or games for I
which a license is required by this Chapter shall be registered
in the office of the Chief of police, such registration
indicating the serial number, the owner and the place at which
such amusement machine is to be located. All amusement machines
or games so maintained in the City shall bear a stamp or label or
sign indicating the serial number thereof, the true owner, the
principal place of business of the owner and the license issued
by the City covering the maintenance of the machine, together
with the expiration date of the license.
Sec. 11-41. Same--Seizure of Machines in Violation:
RedemDtion. Any amusement machine or game maintained in
violation of the preceding section or maintained without having
displayed thereon in a clearly visible place the label or sign
indicating the license therefor is unexpired, shall be seized and
held by any duly qualified officer of the city, which machine or
game shall be redeemable only by the true owner within a period
of not to exceed sixty days, upon the payment of the reasonable
value for the safekeeping of the machine, together with the
license tax as provided for in this Chapter for the period during
which the machine was improperly maintained. .
Sec. 11-42. Substitution of Unexpired License When
Use of Amusement Machine or Game Discontinued. In the event any
person discontinues maintaining any amusement machine or game I
duly licensed pursuant to this Chapter during a period when such
machine or game is licensed for an unexpired periOd, the licensee
may substitute another machine or game in place of the machine
the use of which is so discontinued, and may maintain the substi-
tuted machine without the payment of an additional license tax
for the unexpired period of the license 'carried on the discon-
tinued machine1 provided, however, that such person surrenders
the unexpired license of the discontinued machine to the City
Clerk and obtains from the City Clerk a new license for such
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Ordiharic"e Number /.:l7~
unexpired period for the new machine1 and provided, further,
that the new machine be registered with the Chief of Police as
provided for in this Chapter.
ce s 0 mus m t G e
Public Propertv Prohibited. No license sha~l be issued for the
renting, leasing or maintaining of any amusement machine or game
upon any public street, alley, way, court or in or upon any
publicly owned building or property within the city.
Sec. 11-44. Permit for ODeration of Certain For-Hire
Vehicles prereauisite to Issuance of License.4 Before each
license required for vehicles which transport persons for hire as
set forth in Section 11-33 (c) (19) shall be issued, except when
issued for vehicles to be leased or rented without driver, the
applicant therefor shall be the holder of a permit authorizing
the operation, of such vehicles. The permittee shall obtain, in
the manner provi~ed by this Chapter, a license on an annual basis
for each vehicle authorized to be operated by the permit.
4. As to taxicabs generally, see
Ch. 23 of this Code. As to permit
or license for operation of
taxicabs generally, see S 23-2.
Sec. 11-45. Bond or Insurance For Operation of Vehicle
For Hire.5 In addition to the payment of the license tax
provided in this Chapter for the operation of a vehicle for hire,
the applicant shall file with the City Clerk either:
(a) A bond issued by a solvent and responsible surety
company authorized to do business under the laws of the State,
approved as to sufficiency and form by the City Attorney,
conditioned that the applicant as owner, will pay all loss by
reason of injury or damage for which applicant would be liable in
law as owner of such vehicle or vehicles. Such bond shall run to
the City, but shall inure to the benefit of any and all persons
suffering loss by reason of such injury or damage, ,and shall
provide that any such person so injured or damaged, or the heirs,
personal representatives, administrators, executors or assigns
thereof, may bring suit thereon. Recovery may be limited, by its
terms , to ten thousand dollars for the injury or death of one
person, and to twenty thousand dollars for the injury or death of
two or more persons in the same accident, and to five thousand
dollars for the damage to, or destruction of, property. Such
bond shall cover injury or damage caused by each vehicle licensed
to the applicant and the liability thereon shall be of a
continuing nature and remain in full force and effect, notwith-
standing recovery thereon.
(b) A policy of public liability insurance, approved
as to sufficiency and form by the City Attorney, issued by a
solvent and responsible insurance carrier. Such policy may be
limited to ten thousand dollars for the injury or death of one
person, and twenty thousand dollars for the injury or death of
two or more persons in the same accident, and to five thousand
dollars for damage to, or destruction of, property. Such policy
of insurance shall insure the applicant against 10ss by reason of
injury or damage for which applicant will be liable in law as
owner of such vehicle. The policy shall guarantee, within the
above-mentioned limits, payment of any final judgment rendered
against such applicant by reason of such injury or damage to
person or property. Payment of such judgment shall not be
conditioned upon the financial condition or of any acts or
omissions of such owner, and shall inure to the benefit of those
injured or damaged, or to the heirs, personal representatives,
administrators, executors or assigns thereof, and shall be a
continuing liability of the insurance carrier, notwithstanding
any action or recovery thereon.
Ordinance Number /..2.71:,
(c) A policy of excess insurance, approved as to
sufficiency and form by the city Attorney, issued by a solvent
and responsible insurance carrier. Such policy shall insure the
applicant against loss by reason of injury or damage, for which'
applicant would be liable in law as owner of such vehicle, but
may be so limited as to guarantee only payment of any final
judgment for an amount in excess of five thousand dollars up to
not less than twenty-five thousand dollars for anyone person,
and in excess of ten thousand dollars up to not less than fifty
thousand dollars for anyone accident involving more than one
person.
(d) If the surety, or insurance carrier, is a foreign
corporation, or is doing business in the state as a surplUS line
broker under the provisions of the Insurance Code of the state,
or any amendments that may be made thereto, then, as a part of
the bond, policy or policies, the surety, or carrier, shall agree
to submit to the jurisdiction of the courts of the state in any
matter involving liability on the bond, policy or policies, as
provided in this Chapter, and the surety or carrier shall
designate an agent authorized to accept service of process in the
state of California, County of Los Angeles. As a part of any
bond, policy or policies, it shall be agreed between the surety,
or insurance carrier, and the applicant that the bond, policy or
pOlicies, will not be cancelled or terminated, unless and until
the city shall have been notified thereof in writing and that
such notice shall be served upon the City Clerk at least ten days
immediately prior to the time when such cancellation or termin-
ation shall become effective. If at any time such bond or
policy of insurance shall be cancelled by the surety or carrier
issuing the same, the City Clerk shall require the applicant to
replace such bond, policy or pOlicies, as in this Article
provided, and in default thereof, shall revoke the applicant's
license issued pursuant to this Chapter.
5. As to insurance for taxicabs, see
5 23-14 of this Code.
Sec. 11-46. Permit For ODeration of Circus:
Transferabilitv of Circus License or Permit. In addition to the
license provided for in Section 11-33(c), a person who engages in
the business of a circus shall first obtain from the city Council
a written permit to conduct such circus, the application for such
permit, to be made in writing to the City Council, and such
license and permit issued pursuant to this Chapter shall be
nontransferable.
Sec. 11-47. Bond and State License For Person
Licensed as Collection Aaencv. In addition to the bus~ness
license required of a collection agency pursuant to this Chapter,
the person obtaining such license shall execute and deliver to
the City Clerk a bond in the principal sum of one thousand
dollars, which has been approved by the City Attorney as to form,
and which bond shall run to the City. Such bond shall be
executed and acknowledged by the applicant as principal, and'by a
corporation which is licensed by the insurance commissioner of
the State to transact the business of fidelity and surety
insurance, as surety, and such bond shall be conditioned that the
principal shall and will, upon demand in writing, pay and turn
over to and for the use of any client, patron and customer from
whom any claim is taken or received for collection, the proceeds
to such collection in accordance with the terms of the agreement
made between the principal and the client, patron, or customer1
and conditioned further, that the principal will comply with all
requirements of this Code and other ordinances of the City and
the laws of the state now in force or hereafter enacted with
respect to the duties, obligations and liabilities of collection
agencies.
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Ordinance Number ~~;1~
The bond required by this section shall cover all
matters placed with the licensee during the term of the license
so applied for, or renewal thereof, and the liability thereunder
shall continued only for a period of two years from and after the
expiration or revocation of the license issued upon the filing of
the bond1 provided, that no action shall have been commenced upon
the bond before the expiration of the period.'
In addition to the bond required by this Section, the-
applicant shall present to the city Clerk a copy of his current
state collection agent's license, together with the name of the
surety company furnishing the state bond for him.
Sec. 11-48. SCODe of License For Cosmetoloaical
Establishment. A license issued under the provisions of Section
11-33(a) shall include the right to sell such supplies and
articles as are in general use in cosmetological establishments, 1
provided, however, that such articles so sold shall be owned and
controlled by the owner of such business.
Sec. 11-49. Entertainment Cafes: Rules.
.
(a) It shall be unlawful for any person to maintain,
manage, ~onduct or operate any entertainment cafe within the City
at any time unless during all of such time there shall be kept
conspicuously posted in such entertainment cafe, and in every
hall, room and dressing room connected therewith and to which the
patrons thereof shall be admitted, a copy of the following rules,
printed in type not smaller than nine point, which such rules are
hereby fixed and established and must be observed in the
maintenance, conducting or operating of any such entertainment
cafe:
RULES FOR ENTERTAINMENT CAFES
I.
No minor under the age of twenty-one years shall
be permitted in an entertainment cafe unless
accompanied by his parent or guardian.
2. Neither patrons nor entertainers shall, or be
permitted to, dance or generally conduct
themselves in a lewd, suggestive or sensual
manner, nd no lewd or disorderly person shall be
permitted to enter or remain on such premises.
3. Boisterous and/or obscene conduct of any sort is
prohibited.
4. The area where entertainment is conducted shall be
well lighted at all times.
5. No entertainment cafe shall remain open between
the of 2:00 a.m. and 6:00 a.m.
6.
Licensee shall be held responsible for the conduct
of band members and patrons in and around the
enter cafe premises and for the correct age of
persons not permitted by law to attend or engage
in the activities of the entertainment cafe.
7.
All portions of required parking lots shall be
lighted with sufficient lighting to record a
light intensity measurement of 1.5 foot candles.
All required park lots shall be supervised by the
permittee or his agents.
8. No patron shall engage in and no permittee shall
conduct offensive to public decency or morals or
Ordinance Number /;l1~
any conduct or activity which disturbs the peace
and quiet of the surrounding neighbors.
9. No drinking shall take place on the dance floor
nor shall any beverage be transported thereon
during the time that any such dance may be in
progress.
A violation of the foregoing rules is grounds for
revocation of the permit and is a misdemeanor.
(b) No proprietor, owner or manager of any entertain- I
ment cafe in the city where dancing takes place shall emplOY or
allow to be employed for valuable consideration any female to
dance with its patrons or other persons present at such
entertainment cafes whether in the daytime or at night. It
shall not, however, be unlawful for females to be employed as
dance instructors when classes are organized for the sole purpose
of dance instruction. Any such female who attends an entertain-
ment cafe for the above purpose for hire or for valuable
consideration shall be deemed guilty of a misdemeanor, except
that this section shall not be apply to persons engaged as dance
instructors.
(c) All proprietors, owners, or managers shall allow
any pOlice officer of the City on duty whether in uniform or in
civilian clothes or any member of the City Councilor any officer
of such city to be admitted without charge to any entertainment
cafe at any time for the purpose of inspecting the conduct of
those participating in the activities conducted therein and to
see that the provisions of this section are being properly
complied with.
(d) Any person viOlating any of the provisions of this
section or violating any of the rules for entertainment cafes
set forth herein shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punishable by a fine of not more I
than three hundred dollars, or by imprisonment in the county
jail for a period of not more than three months, or by both such
fine and imprisonment.
Sec. 11-50. ApDlicabilitv of Fortuneteller's License.
The provisions of Section 11-38 shall not be deemed to apply, nor
shall they apply to any person solely by reason of the fact that
he is engaged in the business of entertaining the public by
demonstrations of "mind reading", "mental telepathy", "thought
conveyance", or the giving of horoscopic readings, at public
places and in the presence of and within the hearing of other
persons and at which no questions are answered except in a manner
that will permit all persons present at such public place to hear
. such answers when not conducted in connection with the business
of telling fortunes. Nothing in this chapter shall be construed,
however, as exempting any such person whose activities come
within the purview of this section from the payment of any
business license tax required to be paid by the provisions of
Section 11-33.
Sec. II-51. SCODe of Lice~se For Public Garaae.
Licenses issued for public garages pursuant to this
chapter shall include the right to sell oils, greases and
automobile accessories, but shall not include the right to
operate any jitney or automobile for hire or to maintain any
vehicle for transporting any goods, wares or merchandise for
hire, or to carry on the business of selling automobiles.
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Sec. 11-52. Displav of Laundrv Aaencv License and
Identification of Person Doina the Work. Every person operating
a laundry agency shall display in a conspicuous place the laundry
agency license required by this chapter, and shall at all times
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Ordinance Number /~;1~
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maintain a sign indicating to all persons leaving goods of a
textile nature to be laundered the name of the laundry actually
doing such service and laundry work, and the address of the
principal place ?f business of such laundry.
Sec. 11-53. Permit For ODeratina Miniature Train
Reauired: Revocation. It shall be unlawful to carry on the
business of operating a miniature train without first procuring a
permit to do so from the city Council, and no permit shall be
issued to carry on such business if any such miniature train
shall consist of more than one motorcar and three trailers, or of
a total length, inCluding such motor and trailers, of more than
fifty feet, and any permit so issued shall be revocable by the
City Council, with or without cause, upon ten days' notice by
refunding the unearned portion of the license issued therefor.
Sec. ll-54. Permit to Peddle Druas or Medicine. It
shall be unlawful to peddle any drug or medicine or to go from
place to place or from house to house in the city distributing,
selling or giving away any drugs or medicines or any sample of
any drug or medicine without first procuring a permit from the
county health officer to do s01 provided, however, that the
county health officer may issue such permit if upon examination,
he shall, determine that such drug or medicine is nonpoisonous,
harmless and not dangerous to life or health, and such permit
shall be filed with the City Clerk prior to issuing a license
pursuant to this chapter.
Sec. 11-55. Persons Exempt From Obtainina Secondhand
Dealer's License: Permit for Rummaae Sales. The provisions of
Section 11-33(a) referring to second hand dealers shall have no
application to a person whose sales of secondhand goods are
confined to the disposal of merchandise accepted in trade and as
part payment for new goods sold by such person1 provided, that
such person shall be the holder of a valid license issued by the
City which properly permits his regular business activitY1 nor
shall the provisions of such section, with reference to the
payment of a license fee in ronnection with conducting the
business of a secondhand dealer, apply to bona fide religious,
charitable, political, educational, fraternal and philanthropic
organizations or associations, having their headquarters, main
office or a branch in this City, which organizations are not
operated for profit, which organizations carry on or conduct
occasional rummage sales in furtherance of the objectives of the
particular organization or association. For the purpose of this
section, "occasional" is defined to be not more often than three
times in anyone calendar year, and "rummage sale" is defined to
be the sale of miscellaneous items of secondhand merchandise,
collected by or through such organization or association, the
proceeds of which sale, less reasonable expenses thereof, will be
devoted solely to the furtherance of the objectives of such
organization or association1 provided, however, that no such
"rummage sale" shall be conducted for a period in excess of five
days1 and provided further, that at least ten days before
commencing such "rummage sale" such organizations or associations
shall obtain from the Chief of Police a permit to do so, which
permit shall be issued upon the applicant's furnishing the
following information:
(a) Name, address and telephone number of
organization or association.
(b) Names and addresses of principal officers.
(c) Location of premises where "rummage sale" is
to be conducted.
(d) Date of commencement of sale and proposed
duration, not to exceed five days.
Ordinance Number J.t1~
(e) Name, address and telephone number of person
making application on behalf of organization or association.
Sec. 11-56. License Authorizina Show or Live Animal
Exhibition Not to Authorize Additional Business. Nothing
contained in Section 11-33(b) referring to live or stuffed animal
shows shall be deemed or construed to authorize the holder of any
license provided for in such section to conduct, maintain or
carry on any other business in connection with such exhibition or
show without first obtaining a license to do so as provided in
this chapter.
Sec. 11-57. StamD or Label for photoaraphic Machine
or Voice Recordina Machine: Sealina of Unlicensed Machine:
Unlawful to Use. Etc.: Machine Sealed bv Citv Officer. No person
shall maintain any photographic machine or voice recording
machine within the City without maintaining thereon at all times
in a conspicuous place, a stamp or label or certificate of
license which shall be issued and supplied by the City Clerk upon
payment of the license tax required by Section 11-33, which stamp
or label or certificate shall indicate the true owner of such
machine, the principal place of business of the owner, and the
number of the license, together with the date of expiration
thereof. In the event any duly qualified officer of the City
finds any such photographic machine or voice recording machine
being maintained in the City without such stamp or label thereon,
or without such label indicating the facts as above provided, it
shall be his duty to seal the same1 such seal to contain a notice
to the effect that it shall be unlawful for any person to operate
the machine without first having complied with the license
requirements of this chapter. Such notice shall not be removed
except by an authorized representative of the City Clerk's
Department or the Police Department nor until such time as the
photographic machine or voice recording machine is properly
licensed. Every owner or operator, or other person who, after
such notice and seal is attached, uses or operates such machine
before the same is licensed as hereinabove set forth, or who
defaces, destroys or removes any such notice or seal without
authority from the City Clerk or police Department shall be
guilty of a misdemeanor.
Sec. 11-58. StamD or Label for Coin-ODerated Machine
Generallv: Sealina of Unlicensed Machine: Use. Etc.. of Machine
Sealed bv Citv Officer. No person shall maintain any vending
machine, weighing machine or coin lock or latch within the city
without maintaining thereon at all times, in a conspicuous place,
a stamp or label or certificate of license which shall be issued
and supplied by the City Clerk upon payment of the license tax
required by this chapter, which stamp or label or cert~ficate
shall include the true owner of such machine, the principal place
of business of the owner and the number of the license, together
with the date of expiration thereof. In the event any duly
qualified officer of the City finds any such machine, coin lock
or latch being maintained in the city without such stamp or label
thereon or without such label indicating the facts as above
provided, it shall be his duty to seal the same; such seal to
contain a notice to the effect that it shall be unlawful for any
person to operate such machine without first having complied with
the license requirements of this chapter. Such notice shall not
be removed except by an authorized representative of the city
Clerk's Department or the police Department, nor until such time
as the machine device, apparatus or equipment is properly
licensed. Every owner or operator, or other person who, after
such notice and seal is attached, uses or operates such machine,
device, apparatus or equipment before the same is licensed as
hereinabove set forth, or who defaces, destroys or removes any
such notice or seal without authority from the City Clerk or
Police Department of the City shall be guilty of a misdemeanor.
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Ordinance Number ~~;'~
It shall be unlawful for any person owning, managing or
having charge of any establishment where a vending machine is
operated, except as otherwise provided in this chapter, to permit
or cause the operation of such machine when such machine does not
bear a valid and existing license certificate or stamp as
provided for in this chapter.
Sec. 11-59. Reaulations Applicable to Contractor's
Licenses--ADDlication. Every person desiring any license
required by Section 11-33(a) for a contractor's license shall
file with the City Clerk a written application therefor upon a
form to be furnished by the city Clerk. Such application shall
state the following:
(a) If the applicant be an individual, receiver or
trustee, his name and address1 if applicant is a copartnership,
the name and address of each partner1 if applicant is a
corporation or o~her form of business organization having
numerous owners, the names and addresses of the principal
officers and executives thereof who are expected to supervise and
direct the business of the applicant under the license.
(b) The address of the principal place of business of
the applicant and the address of each branch office or
headquarters of the applicant within the city.
(c) A brief but complete description of the nature of
the applicant's business.
(d) If the type of business is required to be licensed
by the State, the applicant shall set forth the number and
classification of such license or certificate issued by the
particular department or board of the State.
\ (e) If the type of business is not required to be
licens~by the state, the applicant shall file an affidavit of
such fact with the application, and shall furnish such additional
proof of such fact as may be required by the City Clerk.
Sec. 11-60. Same--Renewals. Any person who on the
date this chapter becomes effective holds a valid and subsisting
license required by Section 11-33(a) as a contractor, or who,
subsequent to the effective date, is issued a license pursuant to
such section, may be issued a renewal license for the period of
one year, without filing the application for a license required
by section 11-59, upon payment of the business tax required
therefor.
Sec. 11-61. Same--Chanaes in Ownership. Manaaement or
Addresses. If, after the issuance of any contractor's license
required by Section 11-33(a), any person who was named on the
application therefor as a partner or principal officer or
executive of the licensee ceases to be a partner in the business
of the licensee, or a principal officer or executive thereof, or
if any other person than the person named on the application
becomes a partner or principal officer or executive of the
licensee, or if the address of the applicant or any branch office
or headquarters thereof or of the individual to whom the license
was issued, or of any partner or principal officer or executive
of the applicant, is changed, the licensee shall, within five
days thereafter, give written notice of such fact to the City
Clerk who, shall thereupon note such fact upon his records.
Section 11-62. Same--State Contractor's License
Prereauis1te to Issuance. No contractor's license required by
Section 11-33(a) shall be issued to any person who is not the
holder of a valid, unexpired and unrevoked license or certificate
issued by the registrar of contractors of the state, as required
by the Business and Professions Code of the State, when such
State license is required of such licensee. Every such license
.Ordinance Number /~;7~
shall be automatically suspended, and it shall be unlawful for
any licensee to do any work covered by such license, during any
period in which the license or certificate issued by the
registrar of contractors is suspended or revoked or is not
renewed after the expiration thereof.
Sec. 11-63. photoaraDhs to be Furnished bv Peddlers
and Solicitors. Every person applying for a license to peddle or
solicit under the terms of this chapter shall furnish the city
Clerk with a photograph of such applicant, which shall be affixed
to the license certificate, and in the event the applicant be a
corporation or firm, such firm or corporation shall furnish the I
City Clerk with a photograph of its manager, which photograph
shall be affixed to the license certificate, and in the event the
application be for a license to be issued to an agent or
assistant of any corporation or firm, the applicant shall furnish
the City Clerk with a photograph of such agent or assistant,
which photographs herein mentioned shall be affixed to the
license certificate issued hereunder. The holder of any license
certificate issued pursuant to this chapter shall endorse upon
the back the name in full, and place of residence of the person
whose photograph is attached to the certificate.
Sec. 11-64. Permit for Shootina Gallerv. It shall be
unlawful to carryon the business of a shooting gallery without
first procuring a permit from the City Council to do so.
Sec. 11-65. DisDlav of License for MuniciDal Market
Sales. Every person required to obtain a license for municipal
market sales, pursuant to section 11-33(a), shall keep such
license at the place of business so conducted and shall exhibit
the same to the market master or other City official when
requested to do so.
Sec. 11-66 Christmas Tree Sales--TemDorarv Business
Location.
Purcose and Intent. To provide for a temporary permit
for the display and sale of Christmas Trees for a period not to
exceed forty-five (45) consecutive days between November 1 and
January 1 of the year immediately following the Christmas for
which the permit was issued.
(a) Permit Reauired. No person, firm, partnership or
corporation shall establish or maintain within the City any
premises for the purpose of sale, gift, or other disposition of
any Christmas trees except as provided in this chapter.
(b)
the temporary
issued by the
permit by the
Finance Department to Issue Permits. Permits for
display and sale of Christmas trees shall be
City Finance Department after approval of such
Planning, Fire, Police and Building Departments.
(c) ADPlications for Permits. Applications for such
temporary permits shall be made in writing and filed with the
City at least ten (10) days before the date the applicant
desires to commence the sale of Christmas trees and shall state
the name of the applicant, his address, the location of the
premises proposed for the sale or disposition of Christmas
trees, and the names and addresses of the persons who will
actually operate the premises for such sale or disposition.
Application for the sale of Christmas trees by any charitable,
fraternal, or benevolent organization shall state the name of
such organization and shall state the name of the person or
organization to which the proceeds will be donated or otherwise
received. copies of said application shall be sent to all
departments listed in the above section.
(d) Limitation on Permits. Every person, firm,
partnership or corporation receiving a permit pursuant to this
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chapter for the sale of Christmas trees and having as its
primary business the temporary display and sale of Christmas
trees shall be limited to one such permit per year and shall be
limited to one location for the sale of christmas trees. Such
permit shall not be transferable.
(e) ADDeal From Denial of Permit. If the application
for a temporary permit be disapproved by any City department on
the ground that provisions of this chapter have not been complied
with, the applicant may take an appeal from such action by filing
a written notice of appeal from such denial with the city
Council. Such written notice shall be filed with the City Clerk
within ten (10) days of the date of the receipt, by the appli-
cant, of written notice of denial from the License Division.
Such written notice of appeal shal1 set forth the reasons for
appeal. upon receipt of a notice of appeal, a hearing shall be
set before the City Council not less than ten (10) days, nor more
than thirty (30) days, from the date of the filing of the appeal.
Upon such hearing, the Council may deny or grant the application
upon such conditions as the Council shall deem proper.
(f) postina of Cash Securitv. At the time of approval
of any such temporary permit, the Finance Department shall
require xhe applicant to deposit the sum of Five Hundred Dollars
($500.00) cash to insure that the premises used for the temporary
display and sale shall be cleared of all equipment, temporary
structures and displays and that such premises shall be left in a
clean and sanitary condition. If such equipment and temporary
structures be removed and such premises are left in a clean and
sanitary condition on or before midnight of January 1st of the
year immediately following the year in which the application for
such permit was filed, the said cash shall be returned to the
applicant. If the premises are not put in a clean and sanitary
condition, then City or its agents or employees may enter upon
the property apd do all, things necessary to clean said premises
and remove said~~~ipment and temporary structures and the cost
of such work sh~ll be deducted from said cash deposit and the
remainder, if any, returned to the permittee.
As a condition to the acceptance of the permit it shall be
expressly agreed in writing by both the owner of the premises as
well as the permittee that the city or its agents shall have
authority to enter upon the premises to carry out the provisions
of this section.
(g) Liabilitv and ProDertv Damaae Insurance. At the
time of approval of any such temporary permit, the applicant
shall file with the City Clerk public liability and property
damage insurance covering its operations in and about the
premises in a minimum amount of Twenty-five Thousand Dollars
($25,000.00) for death or injury of one person and Fifty Thousand
Dollars ($50,000.00) for death or injury of more than one person,
and Five Thousand Dollars ($5,000.00) property damage and shall
file a certificate of such insurance with the City Clerk.
(h) Fire Extinauisher on Premises. There shall be
maintained upon each premises within which Christmas ~rees are
sold or offered for sale a fire extinguisher of at least two and
one-half gallon capacity and in good order and condition and of a
water type approved by the Chief of the Fire Department or his
agent.
(i) InsDection of Premises. After the approval of
said permit and upon the establishment of such premises, the Fire
Department shall inspect to insure said premises are in all
respects in conformity with the provisions of this chapter.
After the approval of said permit and upon the establishment of
such premises, the Building Department shall inspect said
premises to insure said premises are in all respects in
conformity with the provisions of this chapter. If the
Ordinance Number ~,,~
inspection of either of the aforementioned departments reveals
that said premises do not conform to the provisions of the Seal
Beach Municipal Code such premises shall not be operated for the
purpose of the temporary sale or disposition of Christmas trees
until such time as said premises do conform to such provisions.
(j) Parkina Reauirements. No such premises shall be
established unless adequate parking arrangements have been
provided for the use of the customers of such premises. Such
parking provisions shall not result in the creation of dust
conditions.
(k) Establishment of TemDorarv structures on
Premises. If guards or watchmen are provided for the purpose of
watching Christmas trees on any premises, such guards or watchmen
shall be at least eighteen years of age. Temporary sanitary
facilities may be provided by the permittee for the use of
guards, watchmen and other persons connected with the sale of
such Christmas trees, remaining on the premises. Such sanitary
facilities shall be subject to the approval of the Department of
Public Works. Provisions may also be made by the permittee for
the placement of temporary structures, house trailers or tents on
the premises for the use of the permittee or his agents. Any
temporary structure, house trailer or tent shall be subject to
the approval of the Building Department.
(l) Adult on Dutv Durina Sales Hours. A person of at
least eighteen years of age shall be on duty at all times during
the sale of Christmas trees and all sales shall be made from the
premises.
I
PASSED,
of Seal
on the
APPROVE~ AND ADOPTED by the City Council of the
BJ!'#Y' California, at ~Ul.f meeting thereof
- day of ~ ~..,/ , 1988.
City
held
~~..6
Ma(idr
I
TATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
)
) SS
)
~ IIIIJ~~
.:iF" t SEAL ~ lh_
'4. ~..;'C;o.. ~"'t',
.# ~ JP<io,-OB 1/4:';..~_
itr.;,.~ 000-'"
*..: ~'l."'~-
~ 0 . I
~o: : ,d!
g. ,',7-
'.1,0.0 o.-~
~1"'1). ..'::,~
'Z~'o "';>
1't (} ..O.:~/J 21. \""~...,'i.".ff
,~~ c: ......... ,..\,;..:::"
I",,,, OllNrf '~$~
~'fLolI
ATTEST:
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the
is an original copy of Ordinance Numb
the office of the Cit~~erk, introd c
meeting held on the t day of
1988, and passed, approved and adopted
of the C~~f Seal Beach at a egula
on the 8 day of
following vote:
AYES:
Councilmember
,
I
NOES:
Councilmembers
ABSENT:
Councilmembers
and do hereby further certify that Ordinance Number ~~~
has been published pursuant to the Seal Beach City C~
and Resolution Number 2836.
I
I
I
PROOF OF PUBLICA liON
(2015,S C,C,P,)
STATE OF CALIFORNIA.
County of Orange
I am a cItIzen of the Unifed Stafes and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter, I
am the principal clerk of the printer of the
".
'StA~ BEACH JOURNAL
"
.....................................,..............
a newspaper of general circ,ulat1on, printed
, 'WCEKlY
and publIshed ..,.........'......................,
, , SEAL BEACH
In the City of ............................,.....
County of Orange. and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County ot' Orange", State of
California. under the date of", ?::,~~. 1'9,7",
Case Number ,AJ32.;;,6~....; that the notice,
of which the annexed is a printed copy Iset
in type not smaller than nonpareil J. has
been publis;,ed in each regular and entire
issue of sa';:; newspaper and not in any
EP~lemenf thereof on the following d}ltes.
o.w~t: 'l'5:> a" L/-li?
.. .., ,O(l!)-;L" , ,{.,..51....:r..-:::::...
all in the year 19,~ U
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct
Dated at .. ..~,~,~A~, "~~,~,~~~"""""""""
5 ",
. ("'.'.
crG~r"ia, thiS" ' ....day oL~. ~ .. 19 f:: ( "
,l:/l0- ' , IlC&J(}!&.1Aw-c(J
Signatur(" ,/'
Fret COIUtl .IItUl blink form m.y tie IIcureCl from
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC,
Legal Advertising Clearing House
120 West Second St., Los Angeles. Calif, 90012
Telephone: /2131 62~'2541
PI,.,. requ..t OE HE RAL Pto.' or rutJllUllon
when .rderlnll.tllllorm
Ordinance Number /.2/'6
This space is for the County Clerk's Filing Slamp
Prool 01 Publication of
A~;~i&:t:~~:~~:~:~;;;jqx
NOTICE OF PUBLIC HEARING <::) -
NOTICE IS HEREIiY:GIYEN thoIlI1.
CIIr CounCil oIll1o CI(y., S..I Booch.
California. wl.1 conduct a public heI,-
Inion Monday, AulUst '15. .1988 .t
7.00 p m. in City Council chlmbers.
211- 8th Strool, 10 consider odlustl.
the Annual Business Ucense TIX from
$50 to $100. with certain exceptions,
to be adjusted .,nuIUy on July 1st by
the rate of chan.. to the Consumer
Price Index (CPI.U),for the.,.iter Los
Angeles Metrop'olItI~ arel.
DATED THIS 21st day 01 July, I98B,
Joanne M. Yeo, CIty Cleric
CIty 01 _ B.ech
July 2B, AUBUst 4, 1988,
Published in the Stll BelCh Journal.
Ordinance Number J.';?j1~
,
PROOF OF PUBLICATION
(2015,5 c.c.P,)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid. I am over
the age of eighteen years. and not a party to
or interested in the above,entitled matter I
am the principal clerk of the printer of the
SEAL BEACH JOURNAL
....................................................
a newspaper of general circulation. printed
, WEEKL Y
and published ............,.,..................,
, , SEAL BEACH
In the City of ................................._
County of Orange. and which news-
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County ot Orange. State ot
California. under the date ot.., ?,:-,~ ~ 19. 'l,~.
Case Number .ABZ5.8~....; that the notice.
ot which the annexed is a printed copy (set
in type not smaller than nonpareil). has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the tollowing dates,
tDEW~it: '\ 'Cl
J ~ J.....
\~~n t e..y~~;.;~tCf.......................,
I certify (or declare) under penally of
perjury that the toregoing is true and
correct,
o ted t SEAL BEACII
(JaiYi:i~: ;~'ii,~...1.:.,:~'~~.~;:.,:9:',~' 'l'~i<8.,
.... ..~lI.)ntJ/).. !!Jc.tJ1.J1,fO-d/
I Slgna~~,e
'-- i
Fret COllie, of "," blink 'arm m.y be Itcured from'
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC,
Legal Advertising Clearing House
120 West Second St., Los Angeles. Calil, 90012
Telephone: (2131625,2541
Plu'l! nque.I OE HE RAL Ptoo' 01 ,."blln.lon
when orderln. thll form.
This space Is for the County Clerk's Filing Stamp
I,
Proof of pUblication~f~
...., t.,\V::d\OW., .. .... . he~S
......:~\(m~....... Q.X........
NOTICE OF PUBLIC H~O n NOTICI! OF PIIIl or -........0
",OTICE IS HEREBY'GIVEN lhal tho' NonCE IS HEREBY'G~EN ti,ii.tho
CI~ ~ncll of tho CItr of Seel ~each. Y Cltr Council 01 tIloCItr 01 5111_.
~hfamll, will conduct I public hoo,. C11lfamll will cOniIuctl public hoor.
Inl .. M..doy, Sept, 19. 1988"IlIC' lna" M;"iIo, Sept. ,19 '1988 oi
7,00 p,m, In Cltr Council chlmbe... 7'00 p m In citr Council d.imbers,
211.BthStroet.lDconsiderlldjUstlna 'BiI;it.t;1bcii1ildoo'odMt!-
the Annual BUSiness UCIRSe Tax from ~lAhiW.1 BuslniiI LiCe....rai.,:
S50lD~100. with cer1lln"'!C"ptl.... S50lDS100;wlllliitilil.tii:i!>it...s,
to be lIdJu.ted Inn..lly.. July 1st by lD be 1Id~ oi1niilll1." July~llby
~ rate of chin.. lD tho ~noum~ tho ..II of c:f1InIO lD ..... eonsunio,
Price Index lCPI.UI ""Ih~..-, o:os PrIce Inde< lCPl.Ulf",tho W-' Lao
Anlll'es Motropolllon ...., AnIoIes Motillpolllln ...., "\ 1':. . 'I
OATEO THIS 21st doy of July. 1988, OATEDTHIS 21.t~.;, July 1988, _ ,
Joonne M, Voo, City CIortl ......... viii; CIty~-
Cltr 01 SuI - CIty 0......-.. " " ,
Sept, 1. 1988 Sept. 8. 1988,' " 1,-
Published In the Seal Beach Journal. Published in the SpI Beach JOuRllI
I
Ordinance Number ~j1~
,
NOT ICE
PUB L I C
o F RES C H E D U LED
H EAR I N G
I
NOTICE IS HEREBY GIVEN that the public hearing to
consider adjustment of the Annual Business License
Tax, scheduled for Monday, September 19, 19BB, is
hereby rescheduled to be considered at the regular
City Council meeting of Monday, October 3, 19BB at
7:00 O'Clock p.m. in City Council Chambers, 2ll - Bth
Street, Seal Beach.
". ,
DA'l'ED-,THIS 20th day of September. 19BB.
, .
~l Vd
JQanne M. Year-City Clerk
City of Seal Beach
I
NOT ICE
PUB L I C
o F RES C H E D U LED
H EAR I N G
NOTICE IS HEREBY GIVEN that the public hearing to
consider adjustment of the Annual Business License
Tax, scheduled for Monday, October 3, 19BB, is hereby
rescheduled to be considered at the regular City
Council meeting of Monday, November 21, 19BB at 7:00
o'clock p.m. in City Council Chambers, 211 - Bth Street,
Seal Beach.
I
,1 of October,
, City Clerk
Beach
19BB.
Ordinance Number ~i1"
PROOF OF PUBLICATION
(2015,S C,C, P,)
This space is for the County Clerk's Filing Stamp
I
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above.enl1tled matter, I
am the principal clerk of the printer of the
Proof of Publ ication of
(t \ r.{'! "VY'I 1\ ((' Ii 1 L t )'3-{ ..,
'\::j" ,\J.,.,l./" dJ,.v.~,.. 'p" "..";"...I.)..j.J
SCAl BEACH JOURNAL
....................................................
a newspaper of general circulation. printed
, WEEKl Y
and published ..,..............,.......... ,....,
, , SEAL BEACH
In the City of ...........,..........,...........
County of Orange. and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Courf of the County of Orange. State of
California. under the date of.., ?::-,~~. 19, ,,~.
- IUIlllARY _ '
ORDINANCE NUII8ER 1271
LICENSES ond BUSINESS
REGULATIONS
Ordinance Number 1276 of the City of
Sea~ Beac~. IdjustiRJ the annual
bUSiness license tax from $50 to
5100, With certain uc:eptions. Ind ad-
lusted annually an July 1st by the rate
01 Chanae to the Consumer Price Index
ICIP-UI "" the areater Lee Anples
Metropolitan area, was COnsidered It
the regular City Council meetln, of
N~ber 21, 1988 and firstreodlnl
of Ordinance NUmber 1276 was ap-
Proved by the follow"'l _,
AYES, Hun~ Laszlo. Rian..
ABSENT, Grps, Wilson
NOES, None Motion Carried
Ordinance Number 1276 will receive
secon~ read1na and be considered for
adoptIOn at the regular City Council
meebnllobeheldOocembel5 1988
CopIes 0/ Ordinance Numbel1i!76";
~allable at the office of the Cil)o Clerk.
CIty Hall. 211 . 8th Street. Seal
Beach, telephone (213) 431-2527,
DATED THIS 22nd day of November
1988, "
JOlIn.. M. Y_I en, Cleric
CllJ 01 .... __
Dec:lmber 1. 1988
PublIShed In the Seal Beach JoUI'nII.
I
Case Number ,.Aa2.5,e~....; that fhe notice.
of which the annexed is a prrnted copy (set
in type not smaller than nonpareil). has
been published in each regular and entire
issue of said newspaper and not in any
s=t' ~ent thereof ,on t,he fOIIOWi?.9_r-~tes.
to-WI , G \ '\ ,"- I '
\ - "\ 1 -'. I....
..:. , '". :..l.td,yh:,}':-:....(..l..-:-,::-......,
- '~)'i
all in the year 19K>C,
I certify lor declare) under penally of
perjury that the foregoing is true and
correct.
Oat d t SEAL BEACII
ea..... ........:..;............5.... ..,'c;,\
0fota.thlj,.;,?::..dayou2.., 19<,~ oj
bf~.Li'it!(tL.7)2,r ,[.NAd~" -C.
o ') Signature
'-'
Free COpies 01 nUl blank form m.., De ItcurtCl from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC,
Legal Advertising Clearing House
120 Wesl Second Sh. Los Angeles. Calil. 90012
Telephone: 12131625,2541
Pt..,. "Que,. GENERAL "0"" "u~II,..II"-
I
Ordinance Number ~~~~
I
PROOF OF PUBLICA liON
11015,S(,C,P,}
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident 01 the County atoresaid; I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter, I
am the principal clerk of the printer of the
SCAl BEACH JOURNAL
Proof of Publf~on of
U /\.&.A'\-""I'I 'Y" .;0 0
~. ~..........o................. ......~. .\'~.... ~~.
PO 1 }~=rG
....................................................
....................................................
I
a newspaper of general circulation. printed
_ WEEKLY
and published .....................,...,..,.....
.
in the City of .....~.~~L~~.~.~~,.......,...
County of Orange. and which news.
paper has been adjudged a newspaper
of general circulation by fhe Superior
Court of the County of Orange. State of
California. under the date of... ~.:-.~~ 19. j,S.
I
Case Number .ABZ~.6) ....; thatthe notice.
of which the annexed is a printed copy (set
in type not smaller than nonpareil). has
been publiShed in each regular and entire
issue of said newspaper and not in any
sup~'ement thereof on the following dat~~:
to'Wlt: """" "-'r.' t...., ^" I c:::: 'fi..
..........\-Xl .tYb~\;.. .;)....
all in the year 19~.~
I certify (or declare) under penalty 01
perjury that the foregOing is true and
correct,
Dated at SEAL BEAC"
Ca fot'~:;~.i~.::'4~:~~~..;:':.~~:'..<if)
... (Jj;;''??..rA... 'ttl.,r..),pa.
!)11gnature
",' ., ~
SUIlllARY . ORIIINANCE ,
NUMBER 1m; , ':
UCEN_ond~
RElIULATIONlI
o.uinolD ...rnboI 1271 oi,1I1I Cllr '
oI_IIMch.....'.,.:~ '
-.......""'....150...100,
..lh_.xc:opion""",,"1Id
onnuol~ on,.hq lillii' 1111 _ of
chongo..1I1I eonou.... _ Jndox
(CIP.U) lor 1111 ~ Lal ~ngo/eI
Moropol\lan .... .- ~
roodlno nl_ odaplidby 1I1ICllr
CouncIII"IWQUIW..-.-
hoIdonDocomllot'S, 1_11I'1111101-
lowing -:
I AVES:~, ~ ~ 1Utn...'
WiIan .,' ,I ~ ",
NOES: PianeMoiOn cWiied~ : ~ ,w .
, , '
COpIOIllf ana- ~ im
... .VIlI_ ~ 1I1I_llf1l1l elly
CIoIl<.CllyHldl.tl1 ,..,!inol: SuI
Bo..1I/Ophono (tIll) 431.2527,
DAlEDlHISSlhcloyllf_.
,.... '
.- M. V... CIlr CloIk
eily.'SooI~
_lS.1811
Pu_oditllh._Bo.Joumol.
Fr" uple.,1 11111 "lnll'.r", "..,11M IIcurt' Ir....:
CALIFORNIA NEWSPAPER SERVICE
BUREAU.INC,
legal Advertising Clearing House
120 Wes' Second 51'. Los Angeles. Calif, 90012
,Telephone: f2131 625,2541
Pl..'.'.""...,......., ...__.e...... .