O 168 C.S.
ORD I NANCE NO.. . 168 C. S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING THE ARROYO GRANDE MUNICIPAL CODE
BY AMENDING CHAPTER 1 OF TITLE 3 RELATING
TO ARROYO GRANDE CITY BUSINESS LICENSES.
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
SECTION 1: That Chapter 1 of Title 3 of the Arroyo Grande Municipal Code
is amended to read as follows:
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ART I C LE 1. DEFINITIONS
Sec. 3-1.101 Definitions. For the purposes of this chapter, unless
otherwise apparent from the context, certain words and phrases used in this
chapter are defined as set forth in this article.
Sec. 3-1.' 02 Business. "Buslnes.s" shall mean professions, trades, 1 essors,
occupations, and all and every kind of calling carried on for profits or livelihood.
Sec. 3-1.103 Commercial Auction. "Commercial Auction" shall mean a sale
of any object, new or used, through the bid process whereby the highest bidder
obtains the object, and the owner of the objects up for bid does not have to be
present at the time of sale. A Commercial Auction may take place on any land
zoned for this use, and does not have to be property owned by the owner of the
auction items.
Sec. 3-1.104 Employees. "Employees" shall mean all persons engaged in the
operation or conduct of any business, whether as owner, any member of the owner's
family, partner, agent, manager, or solicitor, and any and all other persons
employed or working in such business, whose name appears on the company payroll.
Sec. 3-1.105 Engaged in business. "Engaged in business" shall mean the
conducting, managing, or carrying on of any profession, trade, calling, occupation,
or commercial enterprise In the City for which a license Is required pursuant to
the provisions of this chapter as owner, officer, agent, manager, employee,
servant, or lessee of any of them.
Sec. 3-1. 106 franchise. "Franchise" shall mean any exclusive contract
between a private or public "business" and this City, whereby the "business" has
secured the sole right to the distribution or collection of any tangible or
Intangible good or service. Such franchises shall be exempt from paying any
business license fees, but may be subject to a franchise fee.
Sec. 3-1.107 Garage Sales. "Garage sales" shall mean any sales conducted
by a "person" in their home, for the purpose of disposing of used personal property
no longer needed by that "person". "Garage sales" may only be conducted at the
"Person's" private residence.
Sec. 3-1.108 Itinerant vendor. "I t inerant vendor" sha II mean any person
who engages In a temporary or transient business In the City selling goods, wares,
.merchandise, or any other thing of value, or acting as a telephone solicitor with
the intention of conducting such business in the City for a period of not more than
ninety (90) days, and who, for the purpose of carrying on such business, hires,
leases, or occupies any hotel or motel room or any other room, doorway, vacant lot,
building, or other place for the exhibition or sale of goods, wares, merchandise,
or other things of value. If the place in which a business is rented or leased is
for a period of ninety (90) days or less, such fact shall be presumptive evidence
that the business carried on therein Is a transient business. A person or firm shall
not be relieved from the provisions of this section by reason of associating tempo-
rarily with any local dealer, trader, merchant, or auctioneer. The provisions of
this section shall not apply to commercial travelers or sel J ing agents sell ing thei r
goods to dealers, whether selling for present or future delivery, by sample or
otherwise, nor to persons selling fruit, vegetables, eggs, butter, or other farm or
ranch products of the i r own product i on.
Sec. 3 -1 . 1 09 Incidental or occasional bus i ness. "I nc:i denta I or occas i ana I"
business shall mean any business occurring merely by chance or without intention by
any "solicitor". Any business with a predetermined and regular business schedule
within the City, or any business which advertises in any local media source :hall
not qualify as an "incidental or occasional" business, even if the predetermIned
and regular business is only occurring one day per week.
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Sec. 3-1. 110 Li censee. "Li censee" sha I I mean any person to whom a license
has been issued pursuant to the provisions of this chapter.
Sec. 3-1.111 License. "License" shall be an approval by authorized city
officials to conduct a "business" within the City limits. A license shall not
condone or permit the undertaking of any "business" which has been termed unlawful
by any higher authority.
Sec. 3-1.112 Person. "Person" shall mean all domestic and foreign corpora-
tions, associations, syndicates, joint stock corporations, partnerships of every
kind, Massachusetts business or common law trusts, societies, and individuals
engaged in any business in the City. .
Sec. 3-1.113 Parking lot sales. "Parking lot sales" shall mean the sale
of new or used merchandise by an established or licensed commercial business in the
City on privately-owned parking lots. All sales taking place on a privately-owned
parking lot must be "I icensed" by the City and have the permission of the parking
lot I s owner.
Sec. 3-1.114 Personal property auction. "Personal property auction" shall
mean the sale of an owner's'private personal property on land owned by the same
through the bid process whereby the highest bidder obtains the object.
Sec. 3-1. 115 Rummage Sa Ie. "Rummage Sa 1 e" s ha I I mean any sa I e conducted
by an approved non-profit organization and whose intended goal is to raise funds
for charitable purposes through the sale of ,.donated personal property, either new
or used. "Rummage sales" may be conducted on the private property owned by a non-
profit organization, or on the private property which includes parking lots, of
any area zoned for neighborhood commercial, highway service, or planned
manufacturing.
Sec. 3-1.116 Sol icitor - Peddler. "Sol icitor" or "Peddler" .shal I mean any
person who engages in the business of going from house-to-house, place-to-place,
acting as a telephone sale agent, advertising in any local media source, or going
along the streets within the City selling or taking orders for goods, wares,
merchandise, services or other things of value for immediate or future delivery.
"Solicitor" or "Peddler" shall also mean any individual taking a census, or survey
for a private business while being in conformance with Section 5-9.01 of the Arroyo
Grande MunIcipal Code. A "Sol ic:itor" or "Peddler" shall not apply to a person
selling new goods or services to manufacturers, wholesalers, jobbers, or retailers.
Sec. 3-1..117 Streets. "Streets" shall include all streets, avenues, high-
ways, alleys, courts, lanes, places, squares, curbings, sidewalks, public parking
lots, or other public ways in the City which have been, or may hereafter be,
dedIcated as such, or which, though not dedicated, are open to public use.
Sec. 3-1.118 Sidewalk or public right of way sales. "Sidewalk or publ ic
right of way sales" shall mean the 'sale of new or used merchandise on a publ ic
sidewalk, public parking lot, or public park.
Sec. 3-1.119 Vending machines. "Vending machines" shall mean any coin-
operated device which dispenses goods, foods, wares, weights, or any other
tangible or intangible merchandise for consumption or pleasure.
Sec. 3-1.120 Within the City. "Within the city" shall mean within the.
corporate limits of the City as they now exist, or may hereafter be made to eXIst,
by subsequent exclusion or addition.
ARTICLE 2. GENERAL PROVISIONS
Sec. 3-1.201 Revenue measure. The provisions of this chapter are enact7d
solely to raise revenue for municipal purposes and are not intended for regulatIon
pu rposes.
Sec. 3-1.202 Unexpired licenses previously issued. When a license for
revenue purposes has been issued to any business by the City and the fee paid there-
fore under the provisions of any ordinance heretofore enacted, and the term of such
license has not expired, the license fee prescribed for such ~usl~ess by the
provisions of this chapter shall not be payable until the expiration of the term
of such unexpired license.
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~ec. 3-1:203 ~icense:. Required. It shall be unlawful for any person to
eng~ge In ~ business In the City without having a license from the City which is
valid and '? effect at the ~ime. The licensee shall be in compliance with any and
all regulations of such busln~s~ as set forth in this chapter, unless such person
shall be exempt from the prov,slons of this chapter as stated in Section 3-1
Article 3 - Special Provisions. ' ,
Sec. 3-1.204 Li cense: Investigation and Approval.
. (a). Investigatio?: It shall be the duty of the Chief of Police and all
p~1 Ice officers o~ the City to make diligent inquiry as to all persons in the Cit
liable to pay a I,cense fee as provided in this chapter. i y
(b) Approval: All applications for business licenses for businesses to be
conducted within a building shall be approved by the Fire, Planning, and Health
D:partments, as to the conf~rmance of such building with existing zoning, building,
:'re, health and ~ther public safety laws. Such review shall be done prior to the
Issuance of the license and operation of the business. Approval by the Planning
Department shall only be granted when both zoning and building officials have
approved the license application.
Sec. 3-1.205 License: Issuance. Every person required to have a license
pursuant to the provisions of this chapter shall make application for the same to
t~e City Finance Director, and upon payment of the prescribed tax, the City Finance
D I rector sha 11 issue to such person a' license wh i ch sha 11 conta in:
(a) The name of the person to whom the license is issued:
(b) The business licensed;
(e:) The place where such business is to be transacted and carried on;
(d) The date of the expiration of the license; and -
(e) Such other information as may be necessary for the enforcement of
the provisions of this chapter.
The City Finance Director shall affix the official seal of the City and
number of the license and shall sign all licenses.
Sec. 3-1.206 Branch establishments: Separate places of business. Separate
licenses shall be obtained for each branch establishment or separate place of
business in which the business is carried on; provided, however, warehouses and
distrIbuting plants used in connection with, and incidental to, a business licensed
pursuant to the provisions of this chapter shall not be deemed to be separate places
of business or branch establ ishments.
Separate licenses shall be obtained for each kind or class of business
carried on at each location; provided, however, if more than one business is
carried on at such location, and such businesses are subject to a license fee which
is based on the number of employees, 'as set forth in Section 3-1, Article 4 of
this chapter, only one license fee shall be obtained based upon the total number of
employees of the business at such location. Businesses located and carried on at
one location, but subject to different license fees shall obtain separate business
licenses and pay a separate I icense fee.
Sec. 3-1.207 Licenses: Non-transferable. No license issued pursuant to the
provisions of this chapter shall be transferred or assigned, nor shall such license
be construed as authorizing any person other than the licensee to engage in the
licensed business.
Sec. 3-1.208 Licenses: Posting and exhibiting.
(a) Posting. Every person having a license pursuant to the provisions of
this chapter for engaging in business at a fixed place of business shall keep such
license posted for exhibition, while'in force, in some conspicuous place in his
place of business.
(b) Carrying. Every person having a license, and not having a fixed place
of business, shall carry such license or its facsimile with him at all times while
carrying on the business for which the same was granted.
(c) Exhibiting. Every person having a I icense shall produce and exhibit the
same when applying for a renewal thereof and whenever requested to do so by any
police officer or any person authorized to issue or inspect licenses or collect
II cense taxes.
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(d) Stickers. Every person having a license, and not having a fixed place
of business, but operates from a vehicle, shall conspicuously display on the rear
portion of the licensee's vehicle or vehicles, a license sticker furnished by the
Business License Clerk or a facsimile, as proof that such business is licensed in
the City.
(e) Mobile business: Posting and exhibiting. Every licensee not having a
fixed place of business in the City is required to have in his possession and in
each of his employees' possession, the City business license, its facsimile, or a
vehicle sticker which indicates the current possession of a valid business license
for the City.
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Sec. 3-1. 209 License fees: Debt to City. The amount 'of any 1 i cense fee
imposed pursuant to the provisions of this chapter shall constitute a debt to the
City, and any person engaging in business in the City, without having a license
from the City or with unpaid license fees,' shall be subject to an action in the
name of the City in any court of competent jurisdiction for the collection of the
amount of the license fee imposed by the provisions of this chapter, in addition
to any common procedures.
Sec. 3-1.210 Licenses not a substitute for unlawful businesses. The
issuance of a license pursuant to the provisions of this chapter shall not entitle
the licensee to engage in any business which for any reason is in violation of any
law or ordinance of this City.
,Sec. 3-1.211 Violations of provisions. The engaging in business without
first having procured a license from the City so to do, or without complying with
any and all the regulations of such business as set forth in this chapter, shall be
deemed a separate violation for each and every day such business is carried on.
The operation of a business in the City shall not excuse the operator from
the payment of the license fees Imposed by the provisions of this chapter, nor shall
the issuance of a license for such a business be deemed to be consent or permit for
the operation of such business in the City in the future.
Sec. 3~j.212 Violation of provisions: Conviction: Effect on debt. The
conviction and punishment of any person having engaged in any business without a
license shall not excuse or exempt such person from the payments of any license fee
due or unpaid at the time of conviction, and nothing set forth in this chapter shall
prevent the criminal prosecution for any violation of any provisions of this chapter,
Sec. 3-1.213 License fees: Penalties. No person shall violate any
provisions, or fail to comply with any of the mandatory requirements of this Code.
Any person violating any of the provisions, or failing to comply with any of the
mandatory requirements of this Code, shall be deemed guilty of an infraction.
In addition to the penalties provided by this section, any condition caused
or permitted to exist In violation of any of the provisions of this Code, or the
provisions of any Code adopted by reference by this Code, shall be deemed a public
nuisance and may be summarily abated by this City.
Every violation determined to be an infraction is punishable by the following
methods:
(a) Annual license - renewa 1 s. I f any annua Iii cense fee sha 11 rema i n
unpaid for thirty (30) days after it is due and payable, it shall be deemed an
Infraction of this Code, and a penalty in the amount of ten per cent (10%) shall
be added to the annua I license fee. Such pena Ity sha 11 can,t i nue to be added each
month the license fee remains unpaid, but shall not exceed in the aggregate 100%
of the total annual license fee.
(b) Daily licenses. If any person liable to pay the daily license fee as
provided in this chapter shall fail to do so before the date specified on the daily
license, it shall be deemed an infraction of this Code, and a penalty in the amount
of twenty-five per cent (25%) shall be added to the amount of the license for each
day it remains unpaid, but shall not exceed in the aggregate 100% of the total
daily license fee.
(c) Annual licenses - new. Any person liable for a business license fee
who fails to pay said license fee before conducting any business in the City, shall
be liable for said business 1 icense and all attached penalties. Such unpaid license
shall be liable from the first of January of each calendar year and a penalty in the
amount of ten per cent (10%) shall be added to the annual license fee for each month
after this date for which the license fee remains unpaid. Such penalty shall continue
to be added each month the license fee remains unpaid, but shall not exceed in the
aggregate 100% of the total annual I icense fee.
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Any such penalty added to the annual 1 icense fee, dai ly 1 icense fee, or
new annual 1 i cense fee sha 11 be collected by the person in charge of business
licenses.
Sec. 3-1.214 Enforcement and penalties.
(a) Enforcement. It is hereby made the duty of the City Finance Director
Building Inspector, Director of Publ ic Works, Chief of Police, or of any other la~-
fully authorized police officer or other lawfully authorized officer or employee of
the City, to enforce the provisions of this chapter.
(b) Rig~t of entry. The Chief of Police, all police officers, an~ any
other duly appointed employee of the City charged with upholding this chapter, shall
have and exercise the power to make ar.rests for the violation of any of the provi-
sions of this chapter, and to enter upon business premises, free of charge, at any
time a license is required by the provisions of this chapter and to demand the
exhibition of such license for the current term by any person engaged or employed
in the transaction of such business.
(c) Pena Ity. If such person shall then and there fail to exhibit such
license, such person shall be liable for the penalties provided in Section 1-2.01
of C~apter 2 of Title 1 of this Code for a violation thereof.
Sec. 3-1.215 License records: City Finance Department's Ledger. The City
Finance Department shall keep in its office a ledger in which shall be kept an
account of all matters pertaining to the licenses set forth in this chapter.
Sec. 3-1.216 Statements nonconclusive: I nves t i ga t i on : Determination of
fee: Hearing.
(a) Statements nonconclusive. No statement pertaining to any business or
occupation 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
sums as are actually due and payable pursuant to the provisions of this chapter.
(b) Investigation by City Finance Director. Such statements and each of
seve ra I items therein contained shall be subject to audit and verification by the
City Finance Director, his deputies, or authorized employees of the City, who are
hereby authorized to examine, audit, and inspect such books and records of any
I icensee or appl icant for a I icense as may be necessary in such employees I judgment
to verify or ascertain the amount of license tax due. All licensees, applicants
for licenses, and persons engaged in business in the City are hereby required to
permit an examination of such books and records for the purposes set forth in this
section. The information furnished or secured pursuant to this section or
Section 3-1.204 of this article shall be confidential. Any unwarranted disclosure
or use of such information by any officer or employee of the City shall constitute
a misdemeanor, and such officers or employees shall be subject to the penalty
provisions of this chapter.
(c) Determination of fee by City Finance Director: Notice. I f any pe rson
shall fail to file any required statement within the time prescribed or if, after
demand therefore made by the City Finance Director such person shall fail to fi Ie
a corrected statement, the City Finance Director may determine the amount of license
fee due from such person by means of such information as he may be able to obtain.
In the event such determination is made, the City Finance Director shall give notice
of the amount so assessed by serving it personally or by depositing it in the United
States Post Office in the City, postage prepaid, addressed to the person so assessed
at his last known address.
(d) Hea ring. Such person may, within thirty (30) days after the mailing or
serving of such notice, make application in writing to the Finance Director for a
hear i ng before the Counc i I on the amount of the license fee. I f such app 1 kat i on is
made, the City Finance Director shall cause the matter to be set for a hearing
wi th in th i rty (30) days.
Sec. 3-1.217 Use of public right of way for business. It shall be unlawful
for any person to use the public right of way - public streets, roads, parking lots,
or sidewalks - within the City for the purpose of engaging in any type of business,
including sell ing therefrom, sol iciting donations, taking a census, or taking
orders for any goods, wares, or merchandise, without the City Council's prior
approval.
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ARTICLE 3. SPECIAL PROVISIONS
Sec. 3-1.301 License fees: Exemptions: Charitable activities. The provi-
sions of this chapter shall not be deemed or construed to require the payment of a
license fee to conduct, manage, or carryon any business or require the payment of
any license fee from any institution or organization which is conducted, managed,
or carried on wholly for the benefit of charitable purposes and from which profit is
not derived, either directly or indirectly, by any individual, firm, or corporation;
nor shall any license fee be required for the conduct of any entertainment, dance
concert, exhibition, or lecture on scientific, historical, literary, religious, or
moral subjects whenever the receipts from the same are to be appropriated Ita any
church or school, or to any religious or benevolent purpose within the City; nor
shall any license fee be required for the conduct of any entertainment, dance
concert, exhibition, or lecture whenever the receipt from the same are to be
appropriated for the purpose and objects for which such association or organization
was formed and from which profit is not derived, either directly or indirectly, by
any individual, firm, or corporation.
Nothing set forth in this chapter shall be deemed to exempt any such
institution from complying with the provisions of this chapter which required such
institution to obtain a fee exempt business license permit signed and approved by
the city staff as required by Section 3-1.204, and the City Council before
conducting, managing, or carrying on any business.
The City Finance Director may require the filing of a verified statement
from any person claiming to be excluded by the provisions of this section, which
statement shall set forth all facts upon which the exclusion is claimed.
Nothing set forth in this chapter shall require any charitable activity to
obtain a fee exempt business license for the organization's regular activities.
Sec. 3-1.302 License fees: Exemptions: Interstate commerce., Every person
claiming to be entitled to an exemption from the payment of any 1 icense fee provided
for in this chapter upon the grounds that the imposition of such fee casts an unlaw-
ful burden upon his right to engage in conmerce with foreign nations or among the
several states, or conflicts with the regulation of interstate commerce by the
United States, shall file a verified statement with the officer or employee of the
City in charge of the collection of license fees. Such statement shall disclose
the interstate or other character of the business entitling such exemption and
shall include the folla./ing information:
(a) The name and location of the person for which the orders are to be
solicited or secured;
(b) The name of the nearest local or state manager, if any, and his address;
(c) The kind of goods, wares, merchandise, or services to be delivered
or performed;
(d) The place from which the same are to be shipped or forwarded or the
services performed;
(e) The method of solicitation or taking of orders;
(f) The location of any warehouse, factory, or plant within the State;
(g) The method of delivery;
(h) The name and location of the residence of the applicant; and
(i) Any other facts necessary to establish such claim of exemption.
A copy of the order blank, contract form, or other papers used by such
persons In taking orders shall be attached to the affida~it. If it app:ars that
the application is entitled to such exemption, such applIcant shall be Issued a
free license.
Sec. 3-1.303 License fees: Exemptions: Disabled veter~ns. Disa~l:d.war
veterans shall be entitled to receive a free I icense for peddlIng or sol'Clt,ng
provided such persons first exhibit to the City Finance Department evidence.of such
character as shall satisfy the City Finance Director that the veteran applYIng there-
for has received an honorable discharge from the United States Armed Services and
evidence of the service-connected disability.
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Sec. 3-1.304 Li cense fees: Exemptions: Farmers and poultrymen. The pro-
visions of this chapter shall not be construed as requiring farmers, poultrymen, or
horticulturists residing and doing business in the County to pay a license fee for
the privilege of selling exclusively their own products, after said farmer and
poultrymen have obtained a fee exempt business license from the City staff, as
required under Section 3-1.204, and with approval from the City Counci J. This
exemption shall not apply to nurseries or other commercial establishments which
buy goods. or produce for resa Ie.
Sec. 3-1.305 License fees: Exemptions: Other. Except as otherwise
specifically provided in this chapter, the provisions of this chapter shall not
be deemed or construed to apply to any of the following: ,
(a) Banks, including national banking associations, to the extent provided
by the provisions of Article XIII, Section 16, Subdivision 1 (a) of the Constitution
of the State;
(b) Insurance companies and associations to the extent provided by the
provisions of Article XI", Section 14, of the. Constitution of the State;
( c) Any person whom the City is not authorized to license for revenue
purposes, only because of any law or the Constitution of the United States or of
the State; and
(d) Any person sixteen (16) years of age and under whose annual gross
receipts derived from business within the City are less than Eight Hundred and
no/IOOths ($800.00) Dollars.
(e) Radio stations and television stations.
Sec. 3-1.306 License fees: Exempt ions: Vehicle de}ivery. Except as
otherwise specified in this chapter, vehicle deliveries shall be exempt from the
provisions of this chapter if:
(a) The vehicle de! ivery is incidental or occasional within -the City;
(b) The business is a regulated carrier of merchandise by motor vehicle.
This section is in compliance with Section 4302 of the Public Uti}ities Code
and conforms to all limitations mentioned thereunder.
All exemptions under this chapter must be approved by the City Finance
Director or with the City Council before any business may operate without a business
license fee within the City limits. The City Finance Department shall provide the
necessary forms to all businesses wishing to qualify for this exemption.
Sec. 3-1.307 License fees: Exemptions: Council decision.
(a) Burden of proof. In all cases of doubt as to any applicant being
entitled to an exemption from any license fee, or from the appl ication of any of
the provisions of this chapter, the burden of establishing the right of such exemp-
tion shall be upon the applicant. The app}icant must file an application for
exemption with the City Finance Department at least seven (7) days before the next
regularly scheduled City Council meeting in order to have the case reviewed.
(b) Counci I action. All applications for exemptions in such cases shall
be referred to the Counci I, which shall. consider and act upon the same and grant
or refuse such exemption as it shall deem just, in the use of its discretion.
(c) Appeals. In the event the City Council refuses an exemption, the
applicant shall be entitled to a rehearing before the City Council. The rehearing
shall serve as the appeal.
ARTICLE 4. FEES
Sec. 3-1.401 Scope of provisions. The amount of license fees to be paid
to the City by any person engaged in or carrying on any profession, trade, cal}ing.
occupation, or business set forth in this article is hereby fixed and established
as provided in this article. Such I icense fees shall be paid by every person
engaged in a business in the City.
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Sec. 3-1.402 Annua I licenses: Due date. The annual license fees provided for
in this chapter shall be due and payable to the City on the first day of January
of each year and shall be delinquent thirty (30) days thereafter.
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Sec. 3-1.408 Organized games of chance.
(a) The license fee for a bingo game or any other game of chance in which
prizes are awarded on the basis of designated numbers or symbols on a card or other
game device which conform to numbers or symbols selected at random shall be Twenty-
Five and no/l00ths ($25.00) Dollars per organization per year.
(b) Licenses shall only be granted to organizations exempted from Section
, 23701 (d) of the Revenue and Taxation Code, or to organizations to which contribu-
tions are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954.
Each application shall be accompanied by a certificate issued by the California
Franchise Tax Board or the Internal Revenue Service, certifying the organgzation's
tax exempt status.
(c) No such license issued under this section shall be approved and become
valid until the Chief of Police has determined that the application is in conformance
with all limitations on bingo games or other games of chance under Title 5 of this
Code, and California State law.
(d) Such bingo game business license is not an exemption from the
conditions imposed on bingo games in Title 5 of this code. Each applicant shall
conform its actions to the guidelines established for bingo games in Title 5 of
this code.
Sec. 3-1.409 Billboards. The license fee for every billboard shall be
One Hundred and no/l00ths ($100.00) Dollars per year, per face.
Sec. 3-1.410 Circuses, bazaars, and similar shows.
(a) License fee: Permit required. Every person engaged in the business of
exhibiting, conducting, managing, or operating a circus, wild west show, bazaar,
carnival, sideshow, fiesta, or other exhibition or entertainment at which feats of'
horsemanship or acrobatics, crafts, mechanical amusement devices, or trained or '
wild animals are exhibited or displayed, or other similar show or exhibition, is
required to purchase a business license In the City before operating said business.
(b) Circuses and similar shows. Such businesses shall pay a license fee
of Seventy and no/IOOths ($70.00) Dollars per day; provided, however, no person
shall conduct or carryon such business within the City without first having
obtained a special permit therefor from the Council.
(c) Bazaar and street fair. Every person engaged in the business of
exhibiting, conducting, managing, or operating a privately owned "business" (see
Section 3-1.102) bazaar, shall pay a license fee of:
(i) Small bazaars, which consist of one to four displays or exhibits,
shall pay a license fee of Fourteen and no/l00ths ($14.00) Dollars per display per
every two days.
(ii) Large bazaars, which consist of five or more displays, shall pay
a license fee of Seventy and no/l00ths ($70.00) Dollars per day.
(iii) No person shall conduct or carryon such business on any public
property or public right of way (streets and sidewalks) within the City without
first having obtained a building license,permit and approval therefor from the
City Counci 1.
(d) Exemptions. Non-profit organizations, which are exempt from payment
of the bank and corporation tax, Section 23701 (d) of the Revenue and Taxation Code,
or to which a contribution would be a charitable gift under Section 170 (c) (2) of
the Internal Revenue Code of 1954, and who sponsor such circus, bazaar, or similar
show, shall be exempt from payment of the fees in this section. The non-profit
organization must obtain a permit from the City Council. The permit shall exclude
the non-profit organization from paying the business license fee, but shall still
requir~ conformance to all other requirements of a business license, as provided
for in this chapter.
(e) Permit: Application. Such special permit shall be issued by the Council
upon a written application filed with the Council, setting forth the following
information:
(1) The .name of the perSO{1 engaged in the business of managing,
carrying on, or directing such circus or other show;
(2) The place where such show is to be exhibited;
(3) The type or manner of such exhibition; and
(4) The time, date, and number of performances to be exhibited.
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ii.
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(f) Permi t: App I i cat ion: Investigation. Upon receipt of the application,
the Counci I sha 11 investigate the business of the applicant, the appropriateness of
the location at which such applicant proposes to engage in business as specified in
the application, and the type of circus, show, or carnival proposed to be produced.
(g) Permit: Issuance or denial. Thereupon the Council may approve the
application and authorize the issuance of a license thereon or the Council may
deny any application if, in its judgment, the granting of the requested permit
would be contrary to the public interest or would result in appreciable discomfort
or serious inconvenience to persons residing in the vicinity, or if the proposed
location is an inappropriate one.
3-1.411 i
Sec. Fortune-te 11 i ng. The 1 i cense fee for eve'ry person engaged in
fortune-telling, astrology, palmistry, phrenology, card reading, crystal gazing,
clairvoyance, hypnotism, mediumship, prophecy, or augury shall be Fifteen and
no/l00ths ($15.00) Dollars per day.
All business license applications requested under this section must be
approved by the Chief of Police before they can be issued.
Sec. 3-1.412 General contractors and subcontractors.
(a) License fees. Every person transacting and carrying on the business
of contracting in any occupation (plumber, electrician, painter, etc.) on any scale
(subcontracting) shall pay an annual license fee of Fifty and no/IOOths ($50.00)
Dollars per year.
(b) Additional license fee requ i red ,for other bus i nesses. I f any person
transacting the businesses set .forth in this section shall carryon a retail,
wholesale, or jobbing business or any other business, he shall be required to
obtain a license and pay the fee specified for such other business in addition to
the license fee set forth in this section.
(e) State license required. Every person engaged in the business of
contractor shall produce evidence that he holds a valid State Contractor license
before a business license shall be issued pursuant to the provisions of this chapter.
Sec. 3 -I . 413 Hospitals, rest homes, and similar businesses. The license
fee for every person engaged in the business of conducting, managing, or operating
a hospital, sanitarium, rest home, nursing home, or asylum shall be Thirty-Five and
no/l00ths ($35.00) Dollars per year for the first ten (10) beds, and for each
additional bed in excess of ten (10) beds, Three and no/IOOths ($3.00) Dollars per
bed, per year. The provisions of this section shall not apply to non-profit institu-
tions exempted by the State.
Sec. 3-1.414 Hotels and motels. The license fee for every hotel and motel
shall be Zero and no/IOOths ($0.00) Dollars for the first two (2) rooms. Twenty-
Five and no/100ths ($25.00) Dollars per year for rooms three (3) through ten (10),
as a group, and for each additional room in excess of ten (10) rooms. Two and
50/100ths ($2.50) Dollars per room per year.
Sec. 3-1.415 Manufacturers, wholesalers, and similar businesses. The license
fee for every person carrying on a business consisting of manufacturing, packing,
processing, selling at wholesale any goods, wares, merchandise, or commodities, or
warehousing goods for future distribution at a fixed place of business within the
City shall be based upon the number of employees at the following rates:
(a) Owner or manager shall pay a base rate of Twenty-Five and no/IOOths
($25.00) Dollars per year;
(b) Each additional employee in excess of the one owner or manager,
Four and no/IOOths ($4.00) Dollars per person, per year.
Sec. 3-1. 416 Professions.
(a) License fees. The I icense fee for every person conducting, managing,
carrying on, or engaging in any business, profession, or occupation set forth in
subsection (b) of this section shall be based upon the average number of profes-
sional members and the average number of employees, computed as follows:
For the first person practicing his profession, other than as a salaried
employee. Thirty and no/l00ths ($30.00) Dollars per ye~r; and for eac~ additional
person practicing his profession other than as a salaried employee, F,fteen and
no/l00ths ($15.00) Dollars per year, plus the sum of Seven and no/l00ths ($7.00)
Dollars for each employee per year.
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(b) Professions. The provisions of subsection (a) of this section shall
be applicable to the following:
(1) Abstract and title; (32) Engraver;
(2) Accountant; (33) Entomologist;
(3) Acupuncture; (34) Feed, grain, and fruit broker;
(4) Advertising agent; (35) Geologist;
(5) Appraiser; (36) 'Illustrator or show card writer;
(6) Arch i tect; (37) Insurance or claims' adjuster;
(]) Artist; (38) Interpreter;
(8) Assayer; (39) Landscape gardener or architect;
(9) Attorney at Law; (40) Lapidary;
(10) Aud i tor; (41) Masseuse;
(11) Barber; (42) Mercantile agency;
(12) Bacteriologist; (43) Midwife;
(13) Beaut i ci an; (44) Mortician;
(14) Blueprinter; (45) Naturopath;
(15) Book agent;' (46) Ocul ist
(16) Broker or commission agent; (47) Optician;
(17) Certified pub1 ic accountant; (48) Optometrist;
(18) Chemist; (49) Osteopath;
(19) Chiropodi st; (50) Phys i ci an;
(20) Ch i rap ractor; (51) Physiotherapist;
(21) Collection agency; . (52) P I ana tuner;
(22) Cosmetologist; (53) Public stenographer;
(23) Credit reporting bureau; (54) Realtor
(24) Dentist; (55) Roentgenologist;
(25) Dermatologist; (56) Sign painter;
(26) Des I gner, il~ustrator, or decorator (57) Su rgeon;
(27) Detective agency &/or private patrol; (58) Su rveyor;
(28) Draftsman; (59) Taxidermist;
(29) Drugless practitioner; (60) Termite Inspector; and
(30) Electrologist; (61) Veterinarian.
(31) Engineer (civil, electrical,
mining, chemical, structural,
consulting, or hydraul ie:);
(c) Any profession arising which is not listed in subsection (b) above,
will be subject to the same fee structure in subsection (a) above.
Sec. 3-1.417 Pub I ic uti I ities. The license fee for every public utility
serving customers within the City shall be Seventy and no/100ths ($70.00) Dollars
per year unless the public utility company concerned pays a franchise tax to the
City, in which case no business license fee shall apply.
Sec. 3-1.418 Rummage, parking lot, and garage sales.
(a) Permits required.
(i) A fee exempt business license shall be required before the opera-
tion of a rummage sale or parking lot sale. Such permits are dai ly I icenses and
must be applied for not less than forty-eight (48) hours prior to the sale. The.
permit shall be applicable for a specific location at a specific time and shall not
be transferable. Issuance of such permit shall not relieve the applicant from
obtaining any other permits, licenses, or permission of property owners which may
be requ ired. ....,.. -"
(ii) No business license permit shall be required for garage sales.
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. . (i~i) T~e applicant must disclose the following information before said
application IS entitled to the fee exempt business license:
(a) The name of the applicant;
(b) The location of the sale" and
,
(c) The day and time of the sale.
(b) Location of sales.
(I) Garage sales shall be held only on property zoned for residential
use.
I
. (ii) Ru~mage sales.shall held only on property zoned for Neighborhood
Commercial (N-C) , H,ghway Service (H-S), Planned Manufacturing .(P-M), and on property
owned by a non-profit organization.
(iii) Parking lot sales may be conducted throughout the City on
privately owned parking lots with the owner's permission.
(c) Signs. Signs advertising garage sales, rummage sales, or parking lot
sales shall not be placed within public rights of way.
(d) Number and duration of sales.
(i) Garage sales: the number- of garage sales per residence shall be
limited to three (3) two (2) day sales per calendar year.
(il) Rummage sales: the number .of rummage sales shall be I imited to
three (3) two (2) day sales per calendar year.
(ili) Parking lot sales: the number of parking lot sales conducted
shall be I imited to three (3) two (2) day sales per calendar year.
Sec. 3-1.419 Retai 1 sales. The license fee for every person carrying on
a business consisting of selling at retail any goods, wares, merchandise, or
commodities, or conducting, maintaining, or carrying on any trade, occupation,
call ing, or business not otherwise specifically I icensed pursuant to the provisions
of this chapter shall be based upon the average number of employees at the following
rates:
(a) Owner or manager shall pay a base rate of Twenty-five and no/l00ths
($25.00) Dollars per year;
(b) Each additional employee in excess of the one owner or manager, Four
and no/l00ths ($4.00) Dollars per person per year.
Sec. 3-1.420 .. Sol icitors, peddlers, and itinerant vendors. Any person,
either employing or contracting with one or more individuals to have such indivi-
duals solicit the retail sale of any goods, wares, merchandise, services, or
other things of value for future delivery, or to himself, sellar peddle such goods.
wares, and merchandise, within the City and who does not have a regularly established
place of business within the City shall obtain a principal's solicitor or peddler
license and pay a license fee in the amount of Seventy and no/l00ths ($70.00) Dollars
for principal and one solicitor or peddler per year, plus Twenty and no/IOOths
($20.00) Dollars for each additional solicitor or peddler per year.
Sec. 3-1.421 Taxicabs. The license fee for operating any taxicab carrying
passengers for hire shall be Thirty-Five and no/l00ths ($35.00) Dollars per year
for the first vehicle so operated and Fifteen and no/IOOths ($15.00) Dollars per
year for each additional vehicles so operated; provided, however, such business
shall be subject to and governed by any regulatory laws of the City.
Sec. 3-1.422 Trai ler parks. The license fee for every trailer park shall
be Zero and no/l00ths ($0.00) Dollars per year for the first three (3) trailers;
Thirty-Five and no/100ths ($35.00) Dollars per year for trailer spaces four (4)
through ten (10) as a group; and for each additional trai ler in excess of ten (10),
Two and no/l00ths ($2.00) Dollars per trai ler per year.
Sec. 3-1.423 Transfer businesses. The license fee for every person engaged
in a transfer business located in the City shall be based upon the average number
of employees who regularly work in the City and shall be at the following rates:
(a) Owner or manager shall pay a base rate of Twenty-Five and no/l00ths
($25.00) Dollars per year;
(b) Each additional'~m~loyee in excess of the one owner or manager, Four
and no/l00ths ($4.00) Oollars per person, per year.
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Sec. 3-1. 424 Vehicle deliveries.
'th' (~) C~icens~ Require~. Every person not having a fixed place of business
w I In tel ty a~ who. de II ve rs goods, wa res, or me rchand i se of any kind for an
who~esale.or reta~l business, or who provides any type of service by the use of y
~~hl~le~ 'n t~: City, on a predetermined and regular business schedule shall pay
e uSlness Icense fee under this section. '
. Ever~ person not hav~ng a fixed place of business within the City, and who
advertises ~n any local med~a source ~ill pay a license fee under this section if
such advertls~ments result In the vehicle delivery of any wholesale or re\ail items.
b . (b~ License fees., Every business conducting vehicle deliveries in the City
ut not II~ble to pay a business license fee under any other section in this chaPte~
and not being. exempt from paying license fees as established by Article 3 above
shall pay a license fee of Twenty and no/IOOths ($20.00) Dollars per year. '
. (c) ~isplay of sticker. .Every business licensed pursuant to the provisions
?f this ~ectlon sh~ll have conspicuously displayed on every vehicle making deliveries
In the City for said business, a vehicle license sticker. The vehicle license
sticker will b: furnished by the Finance Department for a fee of 25/100ths ($0.25)
Dollars per sticker per year.
The Finance Department shall record the number of each vehicle sticker on
the business license certificate. Vehicle stickers are not transferable.
Sec. 3-1.425 Coin operated vending machines.
(1) Li cense Fee. For every person engaged in the business of maintaining,
operating, or letting the use of any coin operated vending machine, for dispensing
of goods, wares, weights, merchandise or other tangible or Intangible property, the
license fee per year shall be Six and no/IOOths Dollars ($6.00) per machine.
(2) Information to be given by applicant for license. The application for
a business license will be accompanied by a report including, but not limited to,
the following information:
(a) Name and address of business;
(b) Numbers, location and types of machines;
(c) The name of the owner or operator in charge of supervising
that any coin operated cigarette machine not be used by
children under eighteen (18) years of age; and
(d) Additional information as required.
(3) Identification to be displayed on machine.
(a) No person shall maintain any vendIng machine or device within the
City without having posted thereon, in a conspicuous place, a decal or label for
identification purposes, on which is written the name, address, and telephone
numbe r, if any, of the owner or operator thereof.
(b) No person shall maintain any vending or other coin operated
. machine or device within the City without having posted thereon, in a conspicuous
place, a decal, metal-cal, or label, which shall be issued and supplied by the City
upon payment of the required I icense fee and which shall indicate that the license
fee has been paid for the current I icense period.
(4) Removal if not properly licensed and/or properly identified. All coin
operated vending machines, not otherwise exempted by the provisions of this article.
which are found available to the public for operation and which do not have stamped
or affixed thereon the required identification, or for which the proper license fee
has not been paid, shall be removed from the premises by the City and held for
thirty (30) days. If unclaimed after thirty (30) days, the machine will be considered
abandoned and disposed of as provided for in the disposition of unclaimed property.
(5) Exempt ions. No business license fee or identification shall be
required' for the maintenance or operation of:
(a) Any U.S. postage stamp machine;
(b) Any machine dispensing sanitary or hygiene articles, or drinking
cups, towels or medicine, which machine is entirely owned and supplied by the owner
or operator of the premises where installed and is maintained solely for the con-
venience of the employees, visitors or customers;
(c) An? .riiacht"'~V"1Jl device dispensing newspapers or magazines,
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(6) Owner of business responsible. The owner of the business wherein the
machine or device indicated herein is located shall be held responsible for the full
amount of the fee if the owner of the machine or device has not paid the fee when
due and payable.
'(7) Discontinuing maintenance of machines or devices; substitution of other
machines or devices. In the event any person discontinues maintaining any machine
or device duly I icensed under this article during a period when such machine or
device is licensed for an unexpired period; such licensee may substitute another
like machine or device in its place, without the payment of an additional .license
fee for the unexpired period of the license carried on such discontinued ~achine
or device; provided, that such person shall surrender the city-provided identifying
decal.
(8) Discontinuation for failure to supervise cigarette vending machine.
In the event any person named in the application for license fails to provide super-
vision of a cigarette machine as set forth in that person's application under this
article, that person shall surrender the City-provided identification decal.
SECTION 2: Inasmuch as this Ordinance relates to taxes and the usual and
current expenses of the City pursuant to Government Code Section 36937 (d), it
shall be in full force and effect immediately after its passage, and within
fifteen (15) days after its passage it sha II be pub! ished once, together with the
names of the Councilmen voting thereon, in the Five Cities Times-Press-Recorder.
On motion of Councilman Gallagher, seconded by Councilman Spierling and
on the following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Millis and Mayor de Leon
NOES: None
ABSENT: Councilman Schlegel
the foregoing Ordinance was passed and adopted this 22ndday of November, 1977.
.i:
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I::;' . ~, _'0-
'L__tR- d..t. L.-e-
MAYOR
ATTESr:..;::'{, .1,. 1- dN' (~i 'nl?"
CITY CLERK I
I. Ines A. del Campo, City Clerk of the City of Arroyo Grande, Coun~y
of San Luis Obispo, State of California, do hereby certify that the foregoing
Ordinance No. 168 C.S. is a true, full and correct copy of said Ordinance
passed and adopted by the City Council of the City of Arroyo Grande at a regular
meeting of said Council held on the 22ndday of November, 1977.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 23rd day of November, 1977.
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City Clerk of the City of Arroyo Grande
(SEAL)
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