O 190 C.S.
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ORDINANCE NO. 190 CS
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING ARTICLE 4 OF TITLE 3 OF THE ARROYO
GRANOE MUNICIPAL CODE RELATING TO BUSINESS
LI CENSE FEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS:
SECT! ON I. Article 4 of Title 3 of the Arroyo Grande Municipal Code is hereby
amended to read as follows:
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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, calling, occupation, or business set forth in
this article is hereby fixed and established as provided in this article. Such
license fees shall be paid by every person engaged in a business in the City.
(Sec. 23, Ord. 201, as amended by Sec. 1, Ord. 168 C.S., eff. November 22, 1977)
Sec. 3-1.402. Licenses: Due date.
A. The annual license fees provided for in this chapter shall be due and pay-
able to the City on the first day of January of each year and shall be delinquent
thirty (30) days thereafter.
B. The daily license fees provided for in this chapter shall be due and pay-
able to the City one day in advance and shall be delinquent if not paid before the
date issued on the license.
Sec. 3-1.403. Prorating license fees.
Annual license fees shall be prorated if the profession, trade, calling, occupa-
tion, or business is commenced in the second or subsequent month of the calendar year.
Annual license fees shall be prorated in those cases of an existing business where
the provisions of this chapter require a license for that business not heretofore re-
quired to be licensed under any previous business license ordinance. In all cases,
the license fee shall be prorated as of the first day of the month in which the pro-
fession, trade, calling, occupation, or business is commenced or such existing business
li]s requ I red to be licensed. There shall be no proration of business license fees upon
termination of the business.
(Sec. 22, Ord. 201, as amended by Sec. I, Ord. 168 C.S., eff. November 22, 1977, and
Sec. 3, Ord. 177 C.S., eff. May 11, 1978)
Sec. 3-1. 404. Determining number of employees.
For the purpose of determining the number of employees in order to fix the license
fee due pursuant to the provisions of this chapter, the employer shall take the number
of all employees earning wages during the pay periods ending the nearest the fifteenth
day of each month as shown by Form DE3 of the Department of Employment of the State, or
other form which may hereafter be adopted for reporting payments due under the Unemploy-
ment Insurance Act, for each month in the previous calendar year, and adding the same
and dividing by twelve (12). If the employer has been in business less than one year,
he may use the average number of employees as shown by such form for the last quarter.
If the employer has not previously engaged in business, he may estimate the average
number of employees who will be employed by him during the remainder of the calendar
year.
At his option, in determining the number of employees for the purpose of fixing
the license fee required by the provisions of this chapter, the employer may ascertain
the total number of hours of service performed in the City by all employees in the
applicant's business during the year immediately preceding the commencement of the fis-
cal year for which the license is being issued and divide the total number of hours of
service thus obtained by the number of hours' service constituting a day's work,
according to the laws, customs, or usage governing or pertaining to such employment,
and again divide the numbers thus obtained by the number of days in such preceding year
In which the applicant did business in the City. The license fees for the enumerated
businesses, professions, callings, trades,and occupations shall be as set forth in
this article.
Sec. 3-1. 405. All other businesses.
The business license fees for all other businesses not listed in special categories
below this Section 3-1.405 shall be at the following rates:
(a) The owner or manager shall pay a base rate of Twenty-Five Dollars ($25.00)
per year, and
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ORD. NO. 190 C.S. PAGE 2
(b) The fee for each additional employee, partner, or other associate shall be
Four Dollars ($4.00) per year. I
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Thi s category I s meant to i nc 1 ude: I
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I. Retail sales businesses I
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2. Professions and service-oriented businesses I
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3. Manufacturers, wholesalers, packing houses, assembly line plants, and I
similar businesses. !
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4. Transfer (trucking) businesses. i
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Sec. 3-1.406. Apartment Houses, Rooming Houses, and Similar Rentals: I
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The license fee for every apartment house, house court, boarding house or room-
ing house shall be Zero Dollars ($0.00) for the first two (2) units; Twenty Five Dollars
($25.00) per year for units three (3) through ten (10) as a group, and One Dollar ($I.OQ
per unit per year for each additional unit in excess of Ten (10) .
Sec. 3-1.407. Auctions.
(a) Permits required. Every person or business engaged in the public or private
sale of goods, wares, crafts, or any other merchandise through the bid process of sell-
ing goods to the highest bidder shall be conducting an auction and shall be required to
obtain a business license permit.
(b) Government and personal property auctions. No license fee shall be required
for the selling of goods belonging to the United States or to the State at a public sale
or for the sale of property by virtue of any process issued by any State or Federal
court. No license fee shall be required from any governmental jurisdiction for the
selling of goods at a public sale within the City. No license fee shall be required for
the bona fide sale of household goods at the domicile of the owner thereof or for the
sale of any property of an estate by the legally appointed administrator, executor, or
guardian thereof. A fee exempt business license permit shall be required before any
government or personal property auction may be held.
(c) Commercial auctions. The license fee for every person or business engaged
in a commercial auction on a regular schedule shall be Seventy and no/IOOths Dollars
($70.00) per year. The license fee for every commercial auction not held on a regular
schedule or not a part of a regularly licensed business shall be Twenty and no/l00th
Dollars ($20.00) per day. The yearly and daily license fees shall be in addition to
any other license fees otherwise imposed on any person or business.
Sec. 3-1. 408. Barbershops.
The license fee for every barbershop shall be Twenty Five and no/IOOths Dollars
($25.00) per year, plus Four and no/100ths Dollars ($4.00) for each chair in excess of
one.
Sec. 3-1. 409. B i 11 boards.
The license fee for every billboard shall be One Hundred and no/IOOths Dollars
($100.00) per year per face.
Sec. 3-1.410. Circuses, bazaars, and similar shows. i
(a) License Fees: Permits ~equlred. Every person engaged in the business of
exhibiting, conducting, managing, or operating a circus, Old-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, shall purchase
a business license in the City before operating such business.
(b) Circuses and similar shows. Such businesses shall pay a license fee of
Seventy and no/IOOths Dollars ($70.00) 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.
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ORD. NO. IQO C. S. PAGE 3
(c) Bazaars and street fairs. Every person engaged in the business of exhibit-
ing, conducting, managing, or operating a privately owned business (as defined in Sec-
tion 3-1.102 of Article 1 of this chapter) bazaar shall pay a license fee as follows:
(I) Sma 11 bazaars, which consist of one (1) to four (4) displays or exhibits,
shall pay a license fee of Fourteen and no/IOOth Dollars ($14.00) per display per
every two (2) days.
(2) La rge bazaB rs . which consist of five (5) or more displays, shall pay a
license fee of Seventy and no/100ths Dollars ($70.00) per day.
No person shall conduct or carryon such business on any public property or pub-
lic right-of-way (streets and sidewalks) within the City without first having obtained
a building license permit and approval therefor from the Council.
(d) Exemptions. Nonprofit organizations which are exempt from the payment of
the bank and corporation tax, as set forth in subsection (d) of Section 23701 of the
Revenue and Taxation Code of the State, or to which a contribution would be a chari-
table gift under subsection (2) of subsection (c) of Section 170 of the Internal
Revenue Code of 1954, and which sponsor such circuses, bazaars, or similar shows, shall
be exempt from the payment of the fees set forth in this section. Such nonprofit
organizations shall obtain a permit from the Council. The permit shall exclude the
nonprofit organization from paying the business license fee but shall require conform-
ance with all the other requirements of a business license as provided for In this
chapter.
(e) Permits: Applications. Such special permit~ shall be issued by the Council
upon a written application filed with the Council setting forth the following informa-
tion:
(I) The name of the person engaged in the busiilOess 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.
(f) Permits: Applications: Investigations. Upon the receipt of the application,
the Council shall 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) Permits: Issuance or denial. Thereupon the Council may approve the appli-
cation and authorize the issuance of a license thereon, or the Council may deny any
app I i cat ion if, in its judgment, the granting of the requested permit would be contrary
to the public interests, or would result in appreciable discomfort or serious incon-
venience to persons residing in the vicinity, or if the proposed location is an inappro-
priate one.
(Sec. 29, Ord. 201, as amended by Sec. I, Ord. 168 C.S., eff. November 22, 1977)
Sec. 3-1.411. Contractors.
(a) Li cense fees. Every person transacting and carrying on the business of
contracting in any occupation (plumbers, electricians, painters, and the like) on any
scale, Including sub-contracting, shall pay a license fee of Fifty and no/IOOths Dollars
($50.00) per year.
(b) Additional license fees required for other businesses. If any person trans-
acting 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.
(c) State licenses required. Every person engaged in the business of contractor
shall produce evidence that he holds a valid State contractor's license before a busi-
ness license shall be issued pursuant to the provisions of this chapter.
Sec. 3-'. 412 . Fortune-telling.
The license fee for every person engaged in fortune-telling, astrology, palmistry,
phrenology, card reading, crystal gazing, clairvoyance, hypnotism, mediumship, prophecy,
or augury shall be Fifteen and no/IOOths Dollars ($15.00) per day.
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ORD. NO. 190 C.S. I PAGE 4
-....... All business license applications requested pursuant to the provisions of this
section shall be approved by the Chief of Police before a business license shall be
issued.
Sec. 3- I . 413. Games of chance.
(a) The license fee for a bingo game or any other game of chance in .wh i ch
prizes are awarded on the basis of designated numbers or symbols on a card or other
game device, which numbers or symbols conform to numbers or symbols selected at random,
shall be Twenty-five and no/IOOths Dollars ($25.00) per organization per year.
(b) Licenses shall only be granted to organizations exempted from subsection
(d) of Section 23701 of the Revenue Taxation Code of the State or to organizations to
which contributions are deductible under subsection (2) of subsection (c) of Section
170 of the Internal Revenue Code of 1954. Each application shall be accompanied by a
certificate issued by the Franchise Tax Board of the State or the Internal Revenue
Service certifying the tax exempt status of the organization.
(c) No such license issued under this section shall be approved and become
val id 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 the Code
and State law.
(d) Such bingo game business licenses shall not be exempt from the condi-
tions imposed on bingo games by Chapter 12 of Title 5 of this Code. Each applicant
shall conform its actions to the guidelines established for bingo games by Chapter 12
of Title 5 of this Code.
Sec. 3-1.414. 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/IOOth Dollars ($35.00) per year for the first ten (10) beds and i
for each additional bed in excess of ten (10) beds, Three and no/IOOths Dollars ($3.00)
per bed per year. The provisions of this section shall not apply to nonprofit insti-
tutions exempted by the State.
(Sec. 29, Ord. 201, as amended by Sec. I, Ord. 168 C.S., eff. November 22, 19m
Sec. 3-1.415. Motels and Hotels.
The license fee for every motel or hotel shall be Zero Dollars ($0.00) for the
first two (2) rooms; Twenty-five Dollars ($25.00) per year for rooms three (3) through
ten (10) as a group; and One Dollar ($1.00) per room per year for each additional room
in excess of ten (10).
Sec. 3-1.416. Pub I i c ut i lit i es.
The license fee for every public utility serving customers within the City shall
be Seventy and no/100ths Dollars ($70.00) 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. 3-1.417. Rummage, parking lot, and garage sales.
(a) Permits required.
(I) A fee exempt business license shall be required before the operation of a
rummage sale or parking lot sale. Such permits shall be daily licenses and shall 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.
The issuance of such permit shall not relieve the applicant from obtaining any other
permit, license, or permission of property owners which may be required.
(2) No bus iness I icense permit shall be requl red for garage sales.
(3) The applicant shall disclose the following information before such appli-
cant shall be entitled to the fee exempt business license:
(i) The name of the applicant;
(ii) The location of the sale; and
(Ii i) The day and time of the sale.
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ORD. NO. 190 C.S. PAGE 5
(b) Location of sales.
(1) Garage sales shall be held only on property zoned for residential use.
(2) Rummage sales shall be held only on property zoned for Neighborhood Commer-
cai I (N-C), Highway Service (H-S), Planned Manufacturing (P-M), and on property owned
by a nonprofit organization.
(3) 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.
(1) Garage sales. The number of garage sales per residence shall be limited
to three (3) two (2) day sales per calendar year.
(2) Rummage sales. The number of rummage sales shall be limited to three (3)
two (2) day sales per calendar year.
(3) parkin~ lot sales. The number of parking lot sales conducted shall be
limited to three 3) two (2) day sales per calendar year.
Sec. 3-1.418. Solicitors, peddlers, and itinerant vendors.
Any person either employing or contracting with one or more individuals to have
such individuals solicit monetary contributions or the retail sale of any goods,
wares, merchandise, services, or other things of value for future delivery or to him-
self solicit monetary contributions or sellar peddle such goods, wares, and merchan-
dise within the City, and who does not have a regularly established place of bus~ness
within the City, shall obtain a principal's solicitor or peddler license and pay a
license fee in the amount of Seventy and no/100ths Dollars ($70.00) for the principal
and one solicitor or peddler per year, plus Twenty and no/IOOths Dollars ($20.00) for
each additional solicitor or peddler,per year.
(Sec. 29, Ord. 201, as amended by Sec. I, Ord. 168 C.S., eff. November 22, 1977, and
Sec. 6, Ord. 177 C.S., eff. May II, 1978)
Sec. 3-1.419. Taxicabs.
The license fee for operating any taxicab carrying passengers for hire shall be
Thirty-Five and no/IOOths Dollars ($35.00) per year for the first vehicle so operated
arid Fifteen and no/100ths Dollars ($15.00) per year for each additional vehicle so
operated; provided, however, such business shall be subject to, and governed by, any
regulatory law of the City.
Sec. 3-1.420. Trailer Parks and Mobile Home Parks.
The license fee for every trailer park and mobile home park shall be Zero and
no/IOOths Dollars ($0.00) for the first three (3) trailers; Thirty-Five and no/IOOths
Dollars ($35.00) per year for trailer or mobile home spaces four (4) through ten (10)
as a group; and for each additional trailer or mobile home space in excess of ten (10),
Two and no/IOOths Dollars ($2.00) per trailer or mobile home space per year.
Sec. 3-1.422. Vending Machines.
(a) Li cense fees. For every person engaged in the business of maintaining,
operating, or letting the use of any coin-operated vending machine for dispensing
goods, wares,. weight, merchandi!se, or other tangible or intangible property, the
license fee per year shall be Six and no/100ths Dollars ($6.00) per machine.
(b) Information to be given by applicants for licenses. The application for a
business license shall be accompanied by a report including, but not limited to, the
following information:
(1) The name and address of the business;
(2) The numbers, locations, and types of machines;
(3) The name of the owner or operator in charge of supervising any coin operated
cigarette machine that it not be used by children under eighteen (18) years of age; and
(4) Additional information as required.
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ORD. NO. 190 C.S. PAGE 6
(c) Identification to be displayed on machines.
(I) 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 i dent i fi ca-
tion purposes on which is written the name, address, and telephone number, if any, of
the owner or operator thereof.
(2) No person shall maintain any vending or other coin operated machine or de-
vice 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 Finance Department for a
fee which shall be sufficient to cover the actual cost to the City for such decal.
(d) 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, such machines will be considered abandoned
and shall be disposed of as provided for in the disposition of unclaimed property.
(e) Exemptions. No business license fee or identification shall be required
for the maintenance or operation of:
(1) Any United States postage stamp machine;
(2) Any machine dispensing sanitary or hygiene articles, drinking cups, towels,
or medicine, which machine is entirely owned or supplied by the owner or operator of
the premises where installed and is maintained solely for the convenience of the
employees, visitors, or customers;
(3) Any machine or device dispensing newspapers or magazines;
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(4) Any machine operated by a nonprofit organization for charitable purposes; or
(5) Any machine owned by a local merchant on the same premises where his business
is operated and for which he pays a business license fee to the City.
(f) Owners of businesses responsible. The owner of the business wherein the
machine or device licensed pursuant to the provisions of this sectIon 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.
(g) Discontinuing maintenance of machines or devices: Substitution of other
machines or devices. In the event any person discontinues maintaining any machine or
device duly licensed under this section 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 unex-
pired period of the license carried on such discontinued machine or device; provided,
however, such person shall surrender the City-provided identifying decal.
(h) Discontinuation for failure to supervise cigarette vending machines. I n the
event any person named in the application for a license fails to provide supervision
of a cigarette machine as set forth in his application under subsection (b) of this
section, such person shall surrender the City-provided identification decal.
(Sec. 30, Ord. 201, as amended by Sec. I, Ord. 168 C.S., eff. November 22, 1977, and
Secs. 8 and 9, Ord. 177 C.S., eff. May 11, 1978)
Sec. 3-1. 424. Vehicle deliveries.
(a) Licenses required. Every person not having a fixed place of business
within the City and who delivers goods, wares or merchandise of any kind for any whole-
sale or retail business, or who provides any type of service by the use ~f vehicles in
the City, on a predetermined and regular business schedule shall pay the business
license fee set forth in this section.
Every person not having a fixed place of business within the City and who adver-
tises in any local media source shall pay the license fee set forth in this section if
such advertisements result in the vehicle delivery of any wholesale or retail item.
(b) License fees. Every business conducting vehicle deliveries in the City, but
not liable to pay a business license fee under any other section in this chapter, and
not being exempt from paying license fees as established by Article 3 of this chapter,
shall pay a license fee ~f Twenty and no/100ths Dollars ($20.00) per year.
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ORD. NO. 190 C.S. PAGE 7
(c) Display of stickers. Every business licensed pursuant to the provisions of
this section shall have conspicuously displayed on every vehicle making deliveries in
the City for such business a vehicle license sticker. The vehicle license sticker will
be furnished by the Finance Department for a fee which shall be sufficient to cover the
actual cost to the City for such sticker.
The Finance Department shall record the number of each vehicle sticker on the
business license certificate. Vehicle stickers shall not be transferable.
SECTION 2: OPERATIVE DATE. This ordinance shall be operative on January I, 1980.
SECTION 3: This ordinance shall be in full force and effect thirty (30) days
after its passage, and within fifteen (15) days after its passage it shall be published
once, together with the names of the Council Members voting thereon, in the Five Cities
Times Press Recorder.
On the motion of Council Member de Leon, seconded by Council Member Gallagher and
on the following roll call vote, to wit:
AYES: Council Members Gallagher, de Leon, Pope, Smith and Mayor Millis.
NOES: None.
ABSENT: None.
the foregoing Ordinance was passed and adopted this 13th day of March, 1979.
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ATTEST, ~ U -&-\-'''''''
DEPUTY CITY CLERK
I, Catherine L. Jansen, Deputy City Clerk of the City of Arroyo Grande, County of
San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance
No. 190 CS 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 13th day of March, 1979.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this 14th day
of March, 1979.
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(SEAL)
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