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HomeMy WebLinkAboutOrd. No. 1982-657ORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING PORTIONS OF ORDINANCE NO. 399, ORDINANCE NO. 465, ORDINANCE NO. 521, AND ORDINANCE NO. 538, AND PORTIONS OF LAKE ELSINORE MUNICIPAL CODE CHAPTERS 5.08 AND 5.16 CONCERNING BUSINESS LICENSE FEES TO PROVIDE FOR NEW CATEGORIES TO COMPUTE APPLICABLE BUSINESS LICENSE FEES AND TO PROVIDE FOR A NEW MANNER BY WHICH SAID FEES ARE ESTABLISHED AND AMENDED THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION ONE. Ordinance No. 399, Section G, and Lake Elsinore Municipal Code Section 5.08.060 B are hereby amended such that the phrase "a fee of $1.00" is deleted from the second to the last sentence and the phrase "the fee established by resolution" is substituted therefor. SECTION TWO. Ordinance No. 399, Section H, and Lake Elsinore Municipal Code Section 5.08.120 are hereby amended by deleting the first sentence and substituting the following sentence in its place: "For every business or occupation which requires a special permit from the City Manager, the issuance of said permit shall be based upon a finding by the City Manager or his designee pursuant to the following standards:" SECTION THREE. Ordinance No. 399, Section H, and Lake Elsinore Municipal Code Section 5.08.130 are hereby amended such that the phrase "shall make a charge of $1.00" is deleted and the phrase "shall charge the fee established by resolution" is substituted therefor. SECTION FOUR. Ordinance No. 399, Section I(7) and Lake Elsinore Municipal Code Section 5.08.160 B are hereby amended such that the phrase "a fee of $5.00" is deleted and the phrase "the fee established by resolution" is substituted therefor. SECTION FIVE. Ordinance No. 399, Section I(7) and Lake Elsinore Municipal Code Section 5.08.160 C are hereby amended to read .as follows: Upon receipt thereof, the original application shall be referred to the City's law enforcement agency, which shall cause such investigation of applicant's business and moral character to be made as is deemed necessary for the protection of the public good. If, as a result of such investigation, applicant's character or business responsibility is found to be unsatisfactory, the City's law enforcement agency shall endorse on such application such disapproval and the reasons for such disapproval and return said application to the City Clerk, who shall notify the applicant that the application is disapproved and that no permit or license will be issued. SECTION SIX. Ordinance No. 399, Section I(7) and Lake Elsinore Municipal Code Section 5.08.160 D are hereby amended to read as follows: Any person aggrieved by the action of the City's law enforcement agency or the City Clerk in the denial of a license shall have the right to appeal to the City Manager. Such appeal shall be taken by filing with the City Manager, within fourteen (14) days after notice of the action complained of has been mailed to such person's last address, a written statement setting forth fully the grounds for appeal. The City Manager or his designee shall set a time. and place for a hearing on such appeal and notice of hearing shall be given to the applicant by mailing such notice, postage prepaid, to his last known address at least ten (10) days prior to the date set for the hearing. The decision and order of the City Manager on such appeal shall be subject to further administrative appeal to the City Council, by filing with the City Clerk, within fourteen (14) days after notice of the decision and order of the City Manager is given. SECTION SEVEN. Ordinance No. 399, Section I(7) and Lake Elsinore Municipal Code Section 5.08.160 E are hereby amended such that the -2- phrase "Chief of Police shall endorse on the application his" is deleted and the phrase "City's law enforcement agency shall endorse on the application its" is substituted therefor. SECTION EIGHT. Ordinance No. 399, Section I(7) and Lake Elsinore Municipal Code Section 5.08.160 F (3) are hereby amended such that the phrase "amount paid therefor" is deleted and the phrase "category and amount paid therefor" is substituted therefor. SECTION NINE. Ordinance No. 399, Section J and Lake Elsinore Municipal Code Section 5.08.180 are hereby amended such that the phrase "Chief of Police and all police officers" is deleted and the phrase "City's law enforcement agency and all code enforcement officers" is substituted therefor. SECTION TEN. Ordinance No. 399, Section K and Lake Elsinore Municipal Code Section 5.08.200 are hereby amended to read as follows: For failure to pay a business license fee when due, the City Clerk shall add the following penalties: ten percent (10~) of the business license fee on the fifteenth (15th) day of the month following the due date; twenty five percent (25~) on the fifteenth (15th) day of the second month following the due date; and fifty percent (50~) on the fifteenth (15th) day of the third month after the due date thereof; provided that the amount of such penalties to be added shall in no event exceed fifty percent (50~) of the amount of the business license fee due. SECTION ELEVEN. Ordinance No. 399, Section M(2) and Lake Elsinore Municipal Code Section 5.08.220 are hereby repealed. SECTION TWELVE. Ordinance No. 399, Section M(3) and Lake Elsinore Municipal Code Section 5.08.230 are hereby amended to read as follows: A. Unless otherwise provided by law, business licenses shall be issued for a one-year period and the fees, as established by resolution, shall be paid in full at the time of issuance. B. If an applicant for an annual business license -3- intends to conduct a business for six (6) months or less, said applicant may be granted a business license for a minimum period of six (6) months upon payment of fifty percent (50~) of the total annual fee, as established by resolution. SECTION THIRTEEN. Ordinance No. 399, Section P(1) through Section R, including Ordinance No. 465, Section 4 and Ordinance No. 521, Section 1, as they amend Ordinance No. 399, Section P(6)(1), and Ordinance No. 538, Section A as it amends Ordinance No. 399, Section P(6)(55), and Lake Elsinore Municipal Section 5.16.020 through Section 5.16.660 are hereby repealed, and replaced with the following newly enacted Sections: 5.16.020 Business License Fees. A. The business license fees for the various classi- fications of businesses shall be established by a resolution of the City Council. B. Unless otherwise provided by resolution of the City Council, business license fees shall increase each year on July 1, by ten percent (10~) over the fee which was in effect on the immediately preceding June 30, of such year. C. At any time, the City Council may by resolution increase or decrease the business license fees. 5.16.030 Classifications. A. Each business, profession, vocation, calling, trade, occupation, show, exhibition, and game shall pay the business license fee specified for the following classifications: 1. General; 2. Skilled and professional; 3. Contractors; 4. Brokers; 5. Rentals; 6. Vending machines; and 7. Miscellaneous. B. In the event a business, profession, vocation, calling, trade, occupation, show, exhibition or game does not readily appear to fall in one of the above listed classifications, then the City Manager, or his designee, shall determine which -4- classification shall be applicable, and any person aggrieved by such decision may administratively appeal such decision to the City Council. 5.16.040 General Classification.. The "general" classification includes any category not specifically described by another classification and includes, by way of example, the following: 1. Bootblack or shoe shining parlor or stand; 2. Cigars and tobacco stands or shops; 3. Messenger service; 4. Popcorn and nut store or shop; 5. Awning and tent store; 6. Bath and bath house; 7. Books and stationery store; 8. Carpentry shop, where woodworking or repairing is done; 9. Delicatessen; 10. Electrical fixtures and supplies. Where contracting also is done, a separate license fee for such contracting shall also be paid; 11. Employment agency or bureau; 12. Escrow business; 13. Florist shop or flower stand; 14. Gift, art or curio shop or store; 15. Harness, saddlery or tack shop; 16. Hat shop or store; 17. Hat blocking and cleaning; 18. Hemstitching and pleating; 19. Jewelry store or shop, including jewelry, watch or clock repair; 20. Luggage shop, including trunks and other travel equipment; ~ 21. Millinery store; 22. Nursery or gardening, selling nursery stock or conducting a gardening business. Where contracting also is done, a separate license fee for such contracting shall also be paid; 23. Paint and oil dealer; 24. Planing or molding mill; -5- 25. Seed store; 26. Stable; 27. Tailor shop; 28. Upholstery shop; 29. Warehouse, including moving and storage; 30. Cobbler; 31. Advertising, posting, affixing, stenciling or painting, advertising bills or signs upon any post, fence, billboard, advertising signboard, building, or other structure, as well as operating or maintaining any billboard, signboard, advertising structure or sign device; distributing posters, circulars, handbills, brochures, or other printed advertising matter; solicitation of advertising for any publication, poster, circular, handbill, brochure or other printed matter. The advertisement of a business licensed under any other classification shall not require an additional license fee if such advertising pertains to the particular business licensed; 32. Air conditioning and refrigeration sales and service. When contracting also is done, a separate license fee for such contracting shall be also paid; 33. Aircraft sales, maintenance, repair, storage or rental; aircraft accessories; flying instructions or carrying passengers for hire in aircraft; 34. Blacksmith shop or forge and horseshoeing; 35. Blueprint or map making; 36. Candy store, where candy is manufactured and/or sold; 37. Clothing and furnishings; 38. Dry goods store; 39. Heating sales and service. Where contracting also is done, a separate license fee for such contracting shall be also paid; ~ 40. Household appliances and furnishings; 41. Ice cream or ice. milk dealer or manufacturer; 42. Job printing office or plant; 43. Machine shop for manufacture of machines, machinery or parts; 44. Neon signs; manufacturing, selling, dealing or servicing of neon or other tubular electrical signs. When contracting -6- also is done, a separate license fee for such contracting shall be also paid; 45. Plumbing fixtures and supplies. When contracting also is done, a separate license fee for such contracting shall be also paid; 46. Radio and/or television store, where radios or televisions or parts are sold or serviced; 47. Sheet metal works. When contracting also is done, a separate license fee for such contracting shall be also paid; 48. Shoe store; 49. Sporting goods shop; 50. Collection agency or credit bureau; 51. Creamery; 52. Drug store; 53. Newspaper, magazines, and other publications; 54. Office supplies and equipment; selling or servicing office supplies, machines or equipment; 55. Dance hall (public); a place where dancing is conducted, whether for profit or not for profit and to which the public is admitted, either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. In addition to a business license, every public dance hall or ballroom shall be required to have a special permit issued by the City Manager; 56. Dancing school; 57. Golf driving range or archery range; 58. Riding academy or school; 59. Skating rink; 60. Swimming pool; 61. Theaters or shows; including motion pictures or vaudeville theater at an established place of business wholly within a permanent building constructed for theatrical purposes; 62. Art gallery; 63. Astrologer; including every person who carries on, practices or professes to practice the business or art of astrology, palmistry, phrenology, life readings, fortune telling, cartomancy, handwriting analysis, chirography, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, -7- magic, necromancy, numerology, or similar business, trade or calling, and who shall not be prohibited from doing or conducting any of these practices, professions, businesses or callings by any statute of this State, ordinance of this City, or by any other law, and who demands or receives a fee or compensation for the exercise or exhibition thereof, except that the provisions of this section shall not apply to those persons providing bona fide and incidental entertainment and amusement for the guests and patrons of and on the premises of any business duly licensed by the City for which no separate or additional charge or consideration shall be paid by the guests or patrons or received or accepted by the person who performs or practices astrology. Additionally, a special permit from the City Manager must be obtained; 64. Auction; for the business of selling lands, tenements, hereditaments, goods, wares, merchandise or real or personal property of any kind or description at auction or public outcry, except no license shall be required for the selling at public sale of goods or property belonging to the United States or to the State or by virtue of process issued by any state or federal court or by the legally appointed administrator, executor or guardian of an estate. Additionally, a special permit shall be obtained from the City Manager; 65. Automobile; automobile and other motorized equipment sales and rentals, including, automobile accessories, motorcycles, motor scooters, garages or service stations for automobiles and related vehicles; parking lots or storage yards for automobiles; businesses engaged in painting of automobiles and other vehicles; and taxis. The owner and operator of any taxi shall first file an application with the City's law enforcement agency, together with finger prints and photographs, and the City's law enforcement agency shall make an investigation of said applicant and operator, and shall file a certificate with the City Clerk if said investigation shows that the record of the applicant and operator will not prejudice the public, peace, safety, morals or welfare; automobile top or upholstering shop; automobile wash rack or automobile wash place; and automobile wrecking yard; 66. Bakery or baked goods shop; -8- 67. Bankrupt, assigned or damaged goods; for selling or offering for sale bankrupt, assigned or damaged stock of goods, wares or merchandise of whatever nature or kind. Additionally, a special permit must be obtained from the City Manager; 68. Barbershop; 69. Beautyshop, with or without sale of toilet articles or cosmetics; 70. Beer tavern; 71. Bicycle or motor driven cycle stand or shop, for the repair, rental or sale of bicycles, motor driven cycles, or accessories; 72. Bottled water delivery; 73. Brickyard; where brick is manufactured or from which brick is sold; 74. Building supplies; 75. Building cleaners; for cleaning rooms or furnishings; 76. Carpet and rug cleaners; for cleaning carpets or rugs or related materials or surfaces; 77. Private clubs; such as tennis clubs, golf clubs, country clubs, where recreational sport or other facilities are provided for members and others; 78. Dairy; including wholesale and retail production and sale of milk and dairy products; 79. Department store; 80. Eating places, catering services, restaurants, lunch counters, and snack bars. For every eating place at which any dancing club, public dance or public dance hall is conducted in conjunction therewith, the license fees herein otherwise provided shall be paid in addition to the license fees for said eating place; 81. Dime stores; or other retail stores operating under similar foremat; 82. Furniture store; selling or dealing in new or second hand furniture or both; 83. Gasoline delivery tanks; including the business of carrying on or managing the business of buying, selling or dealing in petroleum products at wholesale; 84. Grocery stores and markets; where meat, fish, poultry, -9- egg, and butter products and household goods and related products are sold; 85. Hardware store; 86. Manufacturing of retail or wholesale products; 87. Ice; manufacturing, distributing or vending ice; 88. Investments and loan business; 89. Laundry; and other businesses for cleaning or pressing clothing and other materials; 90. Liquor store; 91. Locksmith; including conducting, carrying on or engaging in key or lock repair business or shop; providing that there first shall be procured from the City's law enforcement agency and filed with the City Clerk a certificate that the applicant has been investigated and it has been determined that the issuance of such license will not prejudice the public, peace, safety, morals or welfare; 92. Lumber business or lumber yard; either wholesale or retail; 93. Music dealer; including the sale or rental of music and musical instruments; 94. Nursery school; for the care of children; 95. Packing house; 96. (RESERVED) 97. Peddler; 98. Camera shop; photography business; film processing and photography accessories; 99. Prefabricated buildings; including the sale of such buildings. Where contracting also is done, a separate license fee for such contracting shall be also paid; 100. Rock, sand and gravel; sales or delivery, including acceptance of orders for the sale of rock, sand or gravel which is removed from the premises by the purchaser; 101. Second hand dealer, involved in the sale or trade of second hand goods, wares or merchandise. Additionally, a special permit from the City Manager is required; 102. Solicitor; -10- 103. Telegraph company for intrastate business; 104. Towel distributor; including distribution of towels, linens or napkins to businesses, houses, or offices, either by local or out-or-town operators; 105. Commercial traveler; 106. (RESERVED) 107. Record, tape and phonograph stores; including businesses engaged in the selling, renting or otherwise dealing in recorded music, music machines, or musical equipment; 108. Woodyards; including businesses selling and/or delivering firewood. 5.16.050 Skilled and Professional. The "skilled and professional classification" includes professional businesses and establishments offering skilled services, and includes, by way of example, the following: 1. Accountants; 2. Attorney at law; 3. Engineer or surveryor; 4. Laboratory, chemical or other type; 5. Veterinarian; 6. Architect or designer, engaged in the business of preparing plans and specifications for buildings, structures or other projects; 7. Doctors, dentists, chiropractors, and other health care providers; and undertakers and mortuaries. 5.16.060 Contractors. The "contractors classification" includes general. engineering contractors; general building contractors; boiler, hot water heating, steam fitting; cabinet and mill work; cement and concrete; electrical (general); electric signs; elevator installation; excavating, grading, trenching, paving, and surfacing; fire protection engineering; flooring (wood); glazing; house and building moving; insulation; landscaping; lathing; masonry; ornamental metals; painting and decorating; plastering; plumbing; refrigeration; roofing; sewer, sewage disposal, drains, and cement pipe laying; sheet metal; steel (reinforcing); steel (structural); structural pest control; the (ceramic or mosaic); warm air heating, ventilating, air conditioning; -11- welding; well drilling; classified specialists; and other businesses such as refuse collection; ambulance services; and cable television companies. 16.070 Brokers. The "brokers classification" includes persons engaged in the occupation of broker and/or engaged in or carrying on the business of lending or selling on commission, or making loans for others on commissions, collecting rents as agents for others, and the transfer of sale in whatsoever manner the transactions are conducted other than those carrying on the business of banking, and includes, by way of example, the following: 1. Stock or bond broker; 2. Real estate broker or agent; 3. Insurance broker (but not an insurance agent). 5.16080 Rentals. The "rentals classification" includes any person engaged in the business of operating a hotel, motel, apartment complex, rooming house, mobile home park, trailer park, or camp grounds or any other similar type of lease or rental living facility with a total of three (3) or more units or spaces, and includes, by way of example, the following: 1. Hotels, motels and apartment houses; 2. Rooming house, boarding houses; 3. Mobile home parks, trailer parks and camp grounds. 5.16.090 Vending Machines. The "vending machines classification" includes the business of renting, leasing or operating coin operated vending machines, and includes, by way of example, the following: 1. Cigarette or tobacco machines; 2. Food or beverage machines; 3. Postage stamp machines. 5.16.100 Miscellaneous. The "miscellaneous classification" includes such businesses operating exclusively with a vehicle for advertising, delivering, or selling goods, wares or merchandise, or services, and such other designated businesses, and includes, by way of example, the following: -12- 1. Dances; 2. Carnival, circus or rodeo; 3. Swap meets; 4. Arcades; 5. Games; 6. Merry-go-rounds; 7. Shooting galleries; 8. Medicine shows; 9. Pawn shops; 10. Wrecking yards or junk yards;. 11. Bowling alleys; 12. Billiard or pool halls. 5.16.110 More Than One Business. Each business, vocation, profession or calling licensed hereunder shall include and embrace the several activities generally understood and accepted to be associated with a part of the same. Whenever more than one business is owned or operated on the same premises, the licensee shall pay the highest business license fee provided for only one of such businesses, unless otherwise herein specified. A business license shall be required for each separate premises. SECTION FOURTEEN. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 28th day of September 1982, upon the following roll call vote: AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES : NONE ABSENT: NONE ABSTENTIONS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of October , 1982, upon the following roll call vote: -13- AYES: NOES: ABSENT: ABSTENTIONS:. ATTEST: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE NONE DEBORAH A. HARRtNGTON, City Clerk JO N G. UNSWORTH, Mayor APPROVED AS TO FORM: JOHN M. PORTER, City Attorney -14- STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 28 1982 and had its second reading on October 12. 1982 and was passed by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS KNIGHT, MACMURRAY, NONE NONE TORN VALENZUELA, UNSWORTH G(~-~-~- N P10NEY, CIT CLERK Y OF LAKE ELSINORE (SEAL)