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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: , 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. ,.. I~..,\ ,.--..,-- 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. - 2 - ~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. - 3 - - - (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. i 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. - 4 - -~-,-,~- .---- ____.____._u___ ____ ,~_ 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. - "."--~';';;';-;';"- _.. ....... _ ~:::-::-:o:-__ '-~" . ~-..-.-- PTV'''- I - 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. - 6 - 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. . Sec. 3-1.402 Annua I licenses: Due date. 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JO 4.uOW .uanbasqns JO pUOjas a4~ UI pa~uaWWOj Sl ssauIsnq JO 'uoI.ednj~o '6Ulllej 'apeJ~ 'uo!ssaJoJd ay~ }! pa.eJoJd aq Ile4S saaJ asuajll lenuu~ 'saaJ asuajll 6u!.eJOJd ~O~'I-( 'jas 'asuajll ay. uo panss! a~ep a4. aJo}aq Pled ~ou JI .uanbullap aq lleys pue ajUeApe uI Aep auo A~lj a4. o. alqeAed PUI? anp aq (le4s Ja~de4j s14~ uI JOJ pap!AoJd aaJ Al!ep 941 'a~epanO : sasuaj I I AI!eO (O~'I-( 'jaS (/ ~ -- -- - .. -~- - '--"-'-_._~- - --- , 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. .--..0.;- .....,..~~"_'_. ./.... ii. .. (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. - 10 - -- - -_.,~~-_..- ------~- (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. - 11 - - ---... - --.-.-- . . (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. -. - 12 - , .. ~ -.-- ..--..- 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, - 13 - ---~_._---_._- (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: ' --. / . 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. . I "'{." . " /., _,";-":-,, . ((.tf (1.:f."J....r City Clerk of the City of Arroyo Grande (SEAL) "'.......~,'" - 14 -