Loading...
HomeMy WebLinkAboutOrd. No. 1995-1001 ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDS TITLE 5 OF THE MUNICIPAL CODE REGARDING BUSINESS TAXES, LICENSES AND REGULATIONS WHEREAS, the City Council of the City of Lake Elsinore, California, amends Title 5 of the Municipal Code and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, as follows: SECTION 1. That the foregoing recital is true and correct. SECTION 2. BUSINESS L1CENSES--DEFINITIONS. 5.04.010 Generally. For the purpose of this Chapter, the following definitions are adopted and made a part hereof. 5.04.020 Branch Establishment. "Branch establishment" means a subdivision of business enterprise not under the same roof or connected by land or structure. 5.04.030 Conduct--Carry on. "Conduct" or "carry on" means and includes engaging in, carrying on, owning, maintaining, managing or operating any business, trade, art, profession, calling, employment, occupation or any commercial, industrial or professional pursuit, vocation or enterprise in the City. - 5.04.040 Contractor. "Contractor" means every person who for either a fixed sum, price, fee, percentage or other compensation, other than wages, undertakes with another, to construct, alter, repair, add to or improve any building, highway, road, excavation or other structure, project development or improvement other than to personal property (but not including anyone who merely furnished materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractor as herein defined. 5.04.050 Department store. "Department store" means a place of business where, within the same room or building, one person sells or offers for sale more than three classes of goods or commodities, such as clothing, hats, shoes, rugs, carpets, millinery, dry goods, hardware, furniture, paints, oils and paint supplies, crockery and glassware and other articles. 5.04.060 Employee. "Employee" means all persons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family partner, agent, manager, solicitor, and any and all other persons employed or working in said business. 5.04.070 Evidence of doing business. When any person shall by use of signs, circulars, cards, telephone book or newspapers, advertise, hold out, or represent that such person is conducting business in the City; or when any person holds an active license or permit issued by a government agency indicating that such person is in business in the City, and such person fails to deny by a Sworn Statement given to the City that such person is not conducting business within the City, after being requested to do so by the City, then such facts shall be considered prima facie evidence that such person is conducting a business in the City. 5.04.080 Fixed place of business. "Fixed place of business" means and includes the place at which the principal tools, equipment or machinery used by any person are customarily stored or located while not in use in the City or at which is maintained the principal stock of materials or supplies and the books and records used by any person in 1 work in the City. 5.04.090 Gross Receipts. "Gross receipts" (except as otherwise specifically provided) means the gross receipts of the calendar year, and is defined as follows: The total amount of the sales price of all sales, total amount charged or received, including commissions and excluding discounts, and sales tax for the performance of any act or employment, whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sales of goods, wares, merchandise, or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of every kind or nature and amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of materials used, labor or service cost, interest paid or payable, losses or other expenses whatsoever. 5.04.100 House. "House" means any room, trailer or building used for dwelling purposes and shall not include any room, rooms, building or buildings or places which are licensed for business activities under and pursuant to Chapters 5.08 through 5.22. 5.04.110 Identification symbol. Whenever an identifying sticker, tag, plate, or symbol has been issued for a vehicle, device, machine, or other piece of equipment included in the measure of a license tax, the person to whom such sticker, tag, plate, or symbol has been issued shall firmly affix such upon each such vehicle, device, machine, or piece of equipment and keep it affixed at such place as to designated by the City during the period for which the sticker, tag, plate, or symbol is issued. It is unlawful for any person to fail to comply with the provisions of this section. No person shall give away, sell, or transfer to another person any identifying sticker, tag, plate or symbol or permit its use by another person. 5.04.120 Investigation. Any person who is required to receive a clearance and investigative report from the police department, including fingerprinting and/or investigation, shall pay a fee as set by resolution for this service. It is expressly provided that this fee is not a license tax or fee; it shall be solely to cover the cost of enforcement of the regulatory act and procedure. 5.04.130 Out-of-Town. "Out-of Town" means the conducting of a business within the City but not having a fixed place of business within the City. 5.04.140 Person. "Person" includes persons, associations, firms, partnerships and corporations, in both the singular and plural number. 5.04.150 Place. "Place" means any room, building or place in/on, which there is carried on a business activity licensed under and pursuant to Chapters 5.08 through 5.22. 5.04.160 Selling. "Selling" means and includes selling, offering to sell or contracting to sell, at wholesale or retail, any goods, wares, merchandise or services within the City. 5.04.170 Subcontractors. "Subcontractors" means every contractor who under a general contractor, takes part in the construction, alteration, repair, addition to or improvement of any building, highway, road, excavation or other structure, project development or improvement as set forth in Section 5.04.040. 5.04.180 Sworn Statement. "Sworn Statement" means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. SECTION 3. GENERAL PROVISIONS. 5.08.010 Short title; purpose. This Chapter shall be known as the "Business License Tax Code." It is enacted solely to raise revenue for municipal purposes and is not 2 intended for regulation. 5.08.020 Compliance--License required. It is unlawful for any person, whether as owner, manager, principal, agent, clerk, employee, officer or corporate, or as an officer of any corporation, or otherwise, to commence, manage, engage in, conduct or carry on any business, vocation, profession, calling, show, exhibition or game, in Chapt~rs 5.04 through 5.22 specified, in the City, without first complying with any and all regulations for such business, vocation, profession, calling, show, exhibition or game contained in Chapters 5.04 through 5.22. The carrying on of any such business, vocation, profession, calling, show, exhibition or game specified in Chapters 5.04 through 5.22 without first having procured a license from said City to do so, or without first having complied with any and all regulations for such business, vocation, profession, calling, show, exhibition or game contained in Chapters 5.04 through 5.22 constitutes a separate violation of Chapters 5.04 through 5.22 for each and every day that such violation or failure to comply is continued, permitted or committed. I I . I 5.08.030 Information confidential. It is unlawful for the City or any person having an administrative duty pursuant to the provisions of this Chapter to make known in any manner whatever the business affairs, operations, or information obtained by investigation of the records and equipment of any person required to obtain a license tax, or any other person visited or examined in the discharge of any official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof set forth in any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, however, the provisions of this section shall not be construed to prevent: A. The disclosure to, or the examination of records and equipment by, another City Official, employee or agent for the collection of taxes or for the sole purpose of administering or enforcing any provision of this Chapter or collecting taxes imposed by the provisions of this Chapter; B. The disclosure of information to, or the examination of records by, federal or state official, or the officials of another City or County or City and County if a reciprocal arrangement exists with such other City or County or to a grand jury or court of law upon subpoena; C. The disclosure of information and results of the examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City; D. The disclosure, after the filing of a written request to such effects, to the taxpayer himself or to his successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, of information relating to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, including interest and penalties; provided, however, the City Attorney shall approve such disclosure, and the City may refuse to make any disclosure set forth in this subsection when, in his opinion, the public interest would suffer thereby; E. The disclosure of the names and addresses of persons to whom licenses have been issued and the general type or nature of their business; F. The disclosure by way of public meeting, or otherwise, of such information as may be necessary to the Council in order to permit it to be fully advised of the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the City for license taxes, or when acting upon any other matter; and G. The disclosure of general statistics regarding taxes collected or business done in the City. H. The provisions of this section shall be subject to the applicable provisions of the California Public Records Act (Title 1, Division 7, Chapter 3.5, Section 6250 et seq. of the California Government Code). 5.08.040 Charge deemed debt to City--Collection. The amount of each license charge imposed by Chapters 5.04 through 5.22 or each sum required to be paid hereunder is a debt due the City from any person who engages in any business, vocation, profession, 3 calling, show, exhibition or game required to be licensed without firs! obtaining a Iice~se so to do, and an immediate cause of action shall accrue to the City for the collection thereof in any court of competent jurisdiction. 5.08.050 License issuance to person indebted to City. No license for any ensuing, current or unexpired license period shall be issued to any person who at the time of making application for such license is indebted to the City for any unpaid fees required to be paid under any provisions of Lake Elsinore Municipal Code. Any license issued contrary to the provisions of this Section shall be void and of no effect. Any payments from the City to any person conducting or carrying on any business, vocation, profession, calling or show may be held if the person does not have a business license. 5.08.060 State Licensing. No person shall be licensed under Chapters 5.04 through 5.22 as to any business, vocation, pursuit, profession, calling, show, exhibition or game which is regulated or licensed by the State unless at the time of issuance of a City business license hereunder such person is duly licensed by the State. Presentation of a valid unexpired state license shall be prima facie evidence that such person is so licensed by the state. 5.08.070 Applicant with fictitious name. No license shall be issued to any person, firm or partnership conducting or carrying on any business under a fictitious name, unless an affidavit be filed in the office of the County Clerk of Riverside County showing the true names of the owners of such business. Such license may, however, be issued in the true names of the owners of such business without the filing of the affidavit. 5.08.080 Posting--Exhibit upon request. Every person required to have a license under Chapters 5.04 through 5.22 and carrying on a business at a fixed place shall keep such license posted in a conspicuous place on the premises so as to be readily seen. Every person required to have a license, but not carrying on a business at a fixed place, shall exhibit such license whenever requested to do so by any officer of the City. 5.08.090 Transfer and scope of license--Application for transfer. A. Licenses granted or issued under the provisions of Chapters 5.04 through 5.22 shall not be transferred, nor shall they authorize any person other than therein named to do business, nor shall they authorize the person therein named to do business at any location or premises except as specified in the license, unless they are transferable licenses and first are transferred by the Business License Officer. B. Before any license is transferred, the person applying for such transfer shall make application for license as provided in Sections 5.08.150 and 5.08.160, shall comply with all requirements of Chapters 5.04 through 5.22 and other ordinances of the City as though there were to be an initial issuance of a license to such transferee, and shall pay the Business License Officer a charge for such transfer equal to ten percent of the fee then provided by Chapters 5.04 through 5.22 for original issuance of such license. The location of all business may be transferred upon application to the Business License Officer and the payment of the fee established by resolution. The Business License Officer shall reissue the license at the new location and cancel the previous license. C. Licenses hereunder shall be transferable excepting the following types and classifications of licenses which shall not be transferred: 1. Any license granted under the provisions of Section 5.08.160 or under the exemptions provided in Chapter 5.12; 2. Advertising; 3. Amusements of all kinds; 4. Astrologer; 5. Auction; 6. Automobiles and taxicabs for hire; 7. Bankrupt, assigned or damaged goods; 8. Council special permit; 9. Detective, private; 10. Locksmith; 4 11. Medicine show; 12. Pawnbroker; 13. Secondhand dealer. D. Any business license transferrable as provided in Chapters 5.04 through 5.22 cannot be transferred from one owner to another. This must be a new license issuance. 5.08.100 License--Tax when issued under previous ordinances. Where a license for revenue purposes has been issued to any business by the City and tax paid therefor under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the business operations tax prescribed by this Chapter for the business shall not be payable until the expiration of the term for such unexpired license. 5.08.110 Permit as prerequisite to license issuance. No license shall be issued hereunder when the provisions of some other ordinance of this City require a permit to obtained as a prerequisite to entering into such business, until such permit is first applied for or obtained. Any license issued contrary to the provisions of this section shall be void and of no effect. 5.08.120 Location to be specified. Each license shall be issued for a specific location or premises except where Chapters 5.04 through 5.22 expressly allow otherwise. 5.08.130 Other agency review. The City may refer to any governmental agency any statement and all other information submitted by persons subject to the provisions of this Chapter in connection with the conduct of a business regulated or supervised or otherwise the concern of any such agency, including agencies concerned with health regulations, fire safety, police considerations, or any other safeguard of the public interest. Failure to comply with conditions required by other agency review shall result in revocation of the license once granted. 5.08.140 Compliance with zoning regulations. No license shall be issued on any application when the place where the business, trade or occupation sought to be carried on is not in the proper zone or district therefor, or is otherwise not qualified in accordance with the provisions of the zoning ordinances of the City. Any license issued contrary to the provisions of this Section shall be void and of no effect. 5.08.150 Savings clause. Neither the adoption of this Chapter nor its superseding of any portion of any other Chapter shall in any manner be construed to affect prosecution for violation of any Chapter or ordinance prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posed, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. 5.08.160 License not to authorize illegal business. No license issued under the provisions of Chapters 5.04 through 5.22 shall be construed as authorizing the conduct or continuance of any illegal or unlawful business or the violation of any ordinance of the City. Any license issued contrary to the provisions of this section shall be void and of no effect. 5.08.170 Special Permit issuance. For every business or occupation which requires a special permit from the City Manager, the issuance of said permit shall be based upon a fee set by resolution and a finding by the City Manager or his designee pursuant to the following standards: A. The business or vocation does not present a substantial danger to the public; B. The business or occupation does not tend to increase health hazards within the City; C. The business or occupation does not tend to promote violations of the laws of the State or of the City. 5 5.08.180 Duplicates. A duplicate license may be issued by the City to replace any license previously issued pursuant to the provisions of this Chapter, which license has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact and paying to the City a duplicate license fee as set forth by resolution. 5.08.190 Error in Iicense--Effect. Any error made by the City in preparing a license, stating the kind of business, the location thereof, the amount of the charge therefor, or in determining the proper zone, shall not prejudice the collection by the City of the amount actually due under Chapters 5.04 through 5.22 or any other ordinance, nor enforcement of any regulations applicable thereto, nor shall the issuance of a license authorize the carrying on of any business, trade or occupation in any zone or location contrary to the provisions of the ordinances of the City. 5.08.200 License preparation and issuance. All licenses shall be prepared and issued by the City upon payment of the sums required to be paid hereunder and the furnishing to the City by the applicant of such information in writing as is necessary to enable the Officer to fully determine whether Chapters 5.04 through 5.22 and other City ordinances are applicable in the particular circumstances. 5.08.210 Records to be kept. The Business License Department shall keep a record in which shall be entered all licenses issued, the date thereof, to whom issued, for what purpose, the location where the same is to be carried on, any transfers that occur, the time when the license expires, and the amount thereof. 5.08.220 Enforcement authority. The City's law enforcement agency, all Code Enforcement Officers and all Business License Officers or Supervisors are appointed inspectors of licenses, to examine all places of business and persons liable to procure a license, to see that such licenses are taken out, and to see that all regulatory provisions of Chapters 5.04 through 5.22 are enforced; and shall have the right to enter free of charge at any time any place of business for which a license is required by Chapters 5.04 through 5.22 to demand the exhibition of such license for current term by any person engaged or employed in the transaction of such business to ascertain that the required licenses have been procured; and to enforce and perform all of the regulatory provisions of Chapters 5.04 through 5.22. 5.08.230 License payment--When due. All licenses specified in Chapters 5.04 through 5.22 shall be due and payable in advance in full and each person required to have a license shall be liable for payment of the fee for the full term. 5.08.240 Payment of other licenses not excused. Any person required to pay a license fee for conducting a business under this Chapter shall not be relieved from the payment of any license fee for the privilege of conducting such business required under any other provision of this code or any other ordinance or regulation of the City of other agency, and such person shall remain subject to such other provisions. 5.08.250 License payment--Delinquency penalties. For failure to pay a business license fee when due upon approval or renewal, the City shall add the following penalties: A. Twenty-five percent of the business license fees on the fifteenth day of the month following the due date; and B. Fifty percent on the fifteenth day of the second month following the due date; and C. Seventy-five percent on the fifteenth day of the third month after the due date; and D. One-hundred percent on the fifteenth day of the fourth month after the due date thereof; provided, that the amount of such penalties to be added shall in no event exceed one-hundred percent of the amount of the business license fee due. 5.08.260 License payment--Daily. Where a license fee in Chapters 5.04 through 5.22 is fixed at a daily rate, a part of the day shall be deemed a day and the full fee shall 6 be paid for a day or fraction thereof. 5.08.270 License payment--Annual and other rates. 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 intends to conduct a business for six months or less, said applicant may be granted a business license for six months on the initial issuance of said business license. 5.08.280 Application for refund. A. Any business tax, or penalties or interest thereon, or portion thereof, may be refunded, if they were: 1. Paid more than once; 2. Erroneously or illegally collected; 3. Paid in excess of the correct amount due; 4. Issued for a business which subsequently does not operate in the City, due to applicant's inability to obtain additional permits required under any provision of this Code. In such case, the applicant shall be entitled to a refund of the business tax paid less a twenty percent (20%) administrative processing charge. B. No refund of monies howsoever paid or collected shall be allowed in whole or in part unless an application therefor is filed with the City within a period of one (1) year from the expiration of the license period for which a refund is sought, and all such claims for refund must be filed with the City on forms furnished thereby in the manner prescribed by the City. Such application may be made only by the person who made the payment, his or her guardian, executor, administrator or heir. Refunds shall not be made to an assignee of the application. Upon filing of such a claim, and when it is determined that a refund is warranted, the City shall refund the amount warranted, less twenty percent (20%), to cover the administrative cost of the refund. Provided, however, that in the case of a refund made pursuant to subsection 2, and where applicable, subsection 4, no deduction shall be made on account of the administrative cost therefor. The failure to file such application within the time prescribed herein shall bar any future right of recovery. C. Where the City has determined that a refund is due upon a particular business tax certificate, but where the applicant is at the same time determined to be delinquent or otherwise liable for a business tax upon a separate business license; then in that event, the City shall apply said refund amount to the balance owing and delinquent for said business. The City shall then refund any amount remaining. D. No refund shall be made where the business license was issued under a misrepresentation of fact by the applicant and/or such application actually engaged in the conduct of the business for which the license was granted prior to the date stated in applicant's original application. E. In all cases proof of payment, by the applicant, shall be a prerequisite to any refund. SECTION 4. EXEMPTIONS. 5.12.010 Council discretion. The City Council, for good and satisfactory cause shown, may order the issuance of a license for less than the fees provided in Chapters 5.04 through 5.22 or without the payment of any fee whatsoever. 5.12.020. Exemption--Disabled veterans. A. Every honorable discharged soldier, sailor, marine, or coastguardsman of the United States, who is physically unable to obtain a livelihood by manual labor and who is a voter of this state, shall have the right to distribute circulars and hawk, peddle and vend any goods, wares, or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license tax whatsoever, providing proof of such physical disability is furnished to the City. B. Every such honorably discharged person, before carrying on any such business or pursuit, shall first procure from the City a license to do so, and shall be subject to all the provisions of Chapters 5.04 through 5.22. Such license shall not extend beyond the 7 current calendar year during which same is issued. C. Every such honorably discharged person claiming exemption under the provisions of this Chapter shall exhibit to the City his or her honorable discharge, or a certified copy thereof, together with a certificate signed by a licensed physician practicing in the City, setting forth the physical disabilities of such honorably discharged or honorably released person, and stating whether, in the opinion of such physician, the disabilities render such person physically unable to obtain a livelihood by manual labor. D. The City may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption. 5.12.040 Interstate or foreign commerce. A. None of the license fees provided for in this Chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitution of the United States or of the State of California. B. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, such person may apply to the City for an adjustment of the fee. Such application may be made before, at the time of, or within six months after, payment of the prescribed license fee. The applicant or licensee shall, by Sworn Statement and supporting testimony, show his method of Business and the Gross Receipts or estimated Gross Receipts of such Business and such other information as the City may deem necessary in order to determine the extent, if any, of undue burden or violation. The City may then conduct an investigation, and fix as the license fee for the applicant or licensee an amount that is reason~,BIK ~nd nondiscriminatory. If the license fee has already been paid, the City shall refu~the amount over and above the license fee so fixed. Any adjusted fee fixed pursuant to this section shall not exceed the license fee prescribed for similar businesses as to which no adjustment has been made pursuant to this section. C. The City may require the applicant of licensee to submit, either at the time of termination of applicant's or licensee's business in the City, or at the end of each three- month or longer period, a Sworn Statement of the Gross Receipts from sources within the City upon which the license fee adjustment has been based; provided that no additional license fee during anyone licensing year shall be required after the licensee shall have paid an amount equal to the annual license fee prescribed for businesses as to which no adjustment has been made pursuant to this section. 5.12.050 Not-for-profit business. Nothing in this Chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statues of the United States or of the state from the payment of such taxes as are herein prescribed. Any person claiming exemption pursuant to this section shall file a sworn statement with the City stating the facts upon which exemption is claimed; provide to the City, the Secretary of State's Certified List of Officers and an official computer printout of the status of the organization, any costs incurred from the State shall be paid by the person or organization; and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this Chapter. The City shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the City the business license tax required by this Chapter. The City, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein: A. 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 an individual; provided, that the applicant shall furnish proof to the City that such is the case; B. Any enterprise or entertainment when the receipts derived therefrom are to be apportioned to any church or school or to any religious, benevolent or charitable purpose; C. "Charity" shall include any non-profit organization, trust or other person which solicits or obtains contributions solicited from the public for charitable purposes or holds 8 any assets for charitable purposes. Charitable purposes include but are not limited to the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, environmental protection, and other benevolent purposes. Any charity described herein must be exempt from taxation pursuant to California Revenue and Taxation Code Section 23701 (d) or Internal Revenue Code Section 501 (c)(3). 5.12.060 Exemption from business taxes--Franchise taxes. Except as may be otherwise specifically provided in this Chapter, the terms hereof shall not be deemed or construed to apply to any public utility which pays a franchise or similar tax to the City. ~8- SECTION 5. FEES. 5.16.010 License--Application--Issuance. Every person required to have a license under the provisions of this Chapter shall make application for the same to the City of the cay, and, upon the payment of the prescribed tax, the tax collector shall issue to such person a license which shall contain: A. The name of the person to whom the license is issued; B. The business license number; C. The place where such business is to be transacted and carried on; D. The date of expiration of the license; and E. Such other information as may be necessary for the enforcement of the provisions of this Chapter. 5.16.020 New business--Application fee. Before engaging in said newly established business, the person shall first file with the City a written application therefor and shall pay to the City an initial license fee, together with a nonrefundable processing fee, both of which are set forth by resolution. 5.16.030 Generally. The several rates to be paid for licenses to commence, manage, engage in, maintain, conduct or carry on business, professions, vocations, callings, trades, occupations, shows, exhibitions and games within the City as classified in this Chapter shall be set forth by Resolution as adopted by the City Council. 5.16.040 Business license fees--Increases. A. The business license fees for the various classifications of businesses shall be established by resolution of the City Council. B. At any time, the City Council may by resolution increase or decrease the business license fees. 5.16.050 Classifications which require license fees designated--Determination for other businesses. 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. Professional, Semi-Professions and Similar Businesses; 3. Contractors; 4. Rentals; 5. Vending machines; and 6. 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 classification shall be applicable, and any person aggrieved by such decision may administratively appeal such decision to the City Council. 5.16.060 General classification categories. The general classification includes any category not specifically described by another classification and includes, by way of example: 1. Shoe shining parlor or stand; 2. Cigars and tobacco stands or shops; 9 3. Messenger service; 4. popcorn and nut store or shop; 5. Awning and tent store; 6. Books and stationery store; 7. Carpentry shop, where woodworking or repairing is done and Planing or molding mill; 8. Delicatessen; 9. Electrical fixtures and supplies; where contracting also is done, a separate license fee for such contracting shall also be paid; 10. Employment agency or bureau; 11. Escrow business; 12. Florist shop; 13. Gift, art or curio shop or store; 14. Harness, saddlery or tack shop; 15. Hat shop or store and related functions; 16. Hemstitching and pleating; 17. Jewelry store or shop, including jewelry, watch or clock repair; 18. Luggage shop, including trunks and other travel equipment; 19. Nursery or gardening, selling nursery stock or conducting a gardening business and related functions; where contracting also is done, a separate license fee for such contracting shall also be paid; 20. Paint and oil dealer; 21. Stable; 22. Tailor shop; 23. Upholstery; 24. Warehouse, including moving and storage; 25. Air conditioning and refrigeration sales and service; when contracting also is done, a separate license fee for such contracting shall also be paid; 26. Aircraft sales, maintenance, repair, storage or rental; aircraft accessories; flying instructions; carrying passengers for hire in aircraft; air sports, such as skydiving and ballooning; 27. Blacksmith shop or forge and horseshoeing; 28. Candy store, where candy is manufactured and/or sold; 29. Clothing and furnishings; 30. Dry goods store; 31. Heating sales and service; where contracting also is done, a separate license fee for such contracting shall also be paid; 32. Household appliances and furnishings; 33. Ice cream, ice milk or frozen yogurt dealer, manufacturer or store; 34. Job printing office or plant; 35. Machine shop for manufacture of machines, machinery or parts; 36. Neon signs; manufacturing, selling, dealing or servicing of neon or other tubular electrical signs; when contracting also is done, a separate license fee for such contracting shall also be paid; 37. Plumbing fixtures and supplies; when contracting also is done, a separate license fee for such contracting shall also be paid; 38. Radio and/or television store, where radios or televisions or parts are sold or serviced; (video equipment) 39. Sheet metal works; when contracting also is done, a separate license fee for such contracting shall also be paid; 40. Shoe store or cobbler; 41. Sporting goods shop; 42. Collection agency or credit bureau; 43. Creamery; 44. Drugstore; 45. Newspaper, magazines, and other publications; 46. Office supplies and equipment; selling or servicing office supplies, machines or equipment; 47. Dancehall (public); a place where dancing is conducted, whether for profit 10 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 dancehall or ballroom shall be required to have a special permit issued by the City Manager; 48. Dancing school; 49. Golf driving range or archery range; 50. Riding academy or school; 51. Skating Rink; 52. Swimming pool; 53. Theaters or shows, including motion pictures or vaudeville theater at an established place of business wholly within a permanent building constructed for theatrical purposes; 54. Art gallery; 55. Astrologer, including every person who carries on, practices or professes to practice the business or art of astrology, palmistry, phrenology, life readings, cartomancy, handwriting analysis, chirography, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, 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 Chapter 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; 56. 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; 57. Automobile and other motorized equipment sales and rentals, including automobile accessories, motorcycles, motorscooters, 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; automobile top or upholstering shop; automobile wash rack or automobile wash place; 58. Bakery or baked goods shop; 59. Bankrupt, assigned or damaged goods; for selling or offering for sale bankrupt, assigned or damaged stock or goods, wares or merchandise of whatever nature or kind. Additionally, a special permit must be obtained from the City Manager; 60. Barbershop; 61. Beauty shop, with or without sale of toilet articles or cosmetics; 62. Beer tavern; 63. Bicycle or motor-driven cycle shop, for the repair, rental or sale of bicycles, motor-driven cycles, or accessories; 64. Bottled water delivery; 65. Brickyard, where brick is manufactured or from which brick is sold; 66. Building supplies; 67. Building cleaners or janitorial services, for cleaning rooms or furnishings; 68. Carpet and rug cleaners, for cleaning carpets or rugs or related materials or surfaces; 69. Private clubs, such as tennis clubs, golf clubs, country clubs, where recreational sport or other facilities are provided for members and others; 70. Dairy, including wholesale and retail production and sale of milk and dairy products; 71. Department store; 72. Eating places, catering services, restaurants, lunch counters, and snack 11 bars. For every eating place at which any dancing club, public dance or public dancehall is conducted in conjunction therewith, the license fees otherwise provided in this Chapter shall be paid in addition to the license fees for said eating place; 73. Dime stores, or other retail stores operating under similar format; 74. Furniture stores selling or dealing in new or secondhand furniture or both. Additionally, a special permit must be obtained from the City Manager for secondhand sales; 75. Gasoline delivery tanks, including the business of carrying on or managing the business of buying, selling or dealing in petroleum products at wholesale; 76. Grocery stores and markets where meat, fish, poultry, egg and butter products and household goods and related products are sold; 77. Hardware store; 78. Manufacturing of retail or wholesale products; 79. Ice; manufacturing, distributing or vending ice; 80. Investments and loan business; 81. Laundry, and other businesses for cleaning or pressing clothing and other materials; 82. Liquor store; 83. 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 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; 84. Lumber business or lumberyard, either wholesale or retail; 85. Music dealer, including the sale or rental of music and musical instruments, and music instructions; 86. Nursery school for the care of children; 87. Packing house; 88. Camera shop, photography business; film processing and photography accessories; 89. Prefabricated buildings, including the sale of such buildings; where contracting also is done, a separate license fee for such contracting shall also be paid; 90. 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; 91. Telegraph company for intrastate business, and telephone company; 92. Towel distributor, including distribution of towels, linens or napkins to businesses, houses or offices, either by local or out-of-town operators; 93. Commercial traveler; 94. Record, tape, phonograph, video cassettes, compact disk stores, and other related products including businesses engaged in the selling, renting or otherwise dealing in recorded music, music machines, musical equipment, and video equipment; 95. Woodyards, including businesses selling and/or delivering firewood. 5.16.070 Skilled and professional categories. The skilled and professional classification includes professional businesses and establishments offering skilled services, and includes, by way of example, the following: 1. Accountants; 2. Advertising agents (except outdoor advertising); 3. Appraisers; 4. Architects; 5. Artists; 6. Attorneys at law; 7. Bacteriologists; 8. Certified public accountants; 9. Chemists; 10. Chiropodists; 11. Chiropractors; 12. Collection agents/agencies; 13. Consulting engineers; 12 15. Credit raters; 16. Dentists; 17. Designers and illustrators; 18. Directory publishers; 19. Doctors of medicine; 20. Draftsmen; 21. Electrologists; 22. Employment agencies; 23. Engineers (civil, chemical, mechanical, structural or hydraulic); 24. Entomologists; 25. Escrow services; 26. Geologists; 27. Insurance brokers; 28. Laboratories; 29. Landscape architects; 30. Lapidaries; 31. Lithographers; 32. Messeurs or messeuses; 33. Optometrists; 34. Osteopathic physicians; 35. Personnel consultants; 36. Physicians; 37. Psychologists; 38. Real estate brokers; 39. Stock brokers/salespersons; 40. Surveyors; 41. Taxidermists; 42. Veterinarians; 43 Undertakers and mortuaries; and 5.16.080 Contractors categories. 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; fireprotection 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; tile (ceramic or mosaic); warm air heating, ventilating, air conditioning; welding; well drilling; classified specialists; and other businesses such as refuse collection, ambulance services and cable television companies. 5.16.090 Rentals categories. The rentals classification includes any residential rental units with one or more rooms, suites, apartment units, bungalow units, trailer spaces or houses within the City limits capable of being rented or leased. Commercial units means one or more rooms, offices, suites, or units capable of being rented or leased. In addition, any building located in any area zoned for commercial, industrial or manufacturing occupancy having a total of over five thousand square feet of floor space capable of being rented or leased shall be considered to be commercial space. Prior to the issuance of any license, a building occupancy inspection shall be conducted on all commercial property for the purpose of safeguarding the health and safety of the public interest. 5.16.095 Storage Units. Storage units shall be storage buildings, mini storage units and open air storage facilities. 5.16.100 Vending machines. Applicant for the business of vending machines shall be based on gross receipts. A. For every person whose business is limited exclusively to renting, leasing, 13 operating or letting the use of any coin-operated vending machine or device, the annual tax on business done exclusively within the City shall be set by resolution. B. Sealing of nonidentified or unlicensed machines. The license collector may seal the coin openings or slots in a manner which will render inoperative the coin devices on any machine or devise not otherwise exempted by the provisions of this Chapter which is found available to the public for operation and which does not have stamped or affixed thereon the required identification or for which the proper license tax has not been paid; in lieu thereof, he may seize and hold any such machine for the payment of such license tax. A service charge as set by resolution shall be paid to the City by the owner or operator of any such machine or device so sealed for the removal of such seals. No person shall operate any machine or device so sealed without first submitting evidence to the City that payment of the required license tax and service charge prescribed as set by resolution has been made and until the required identification has been stamped upon or affixed to the machine or device and the license collector has removed such seals. It is unlawful for any person other that the City to break or remove any such seals. Upon receipt of evidence of the payment of the tax and service charge and, when applicable, evidence of other required compliance by the owner or operator of any machine or device so sealed, the City shall break and remove such seals. In the event of seizure, any such machines shall be disposed of upon nonpayment of such tax as provided by the laws relative thereto. Such machines may be reclaimed by the owners, prior to disposal, upon payment of taxes and all costs involved in the seizure, storage and handling thereof. C. The owner of the business wherein the machine or device indicated herein is located shall be held responsible for the full amount of the tax if the owner of the machine or device has not paid the tax when due and payable. D. At the time the license required by this Article is applied for, the applicant, in addition to other application requirements of this Chapter, shall give the kind or character of the machine or device, business name and street address, and number of machines at each proposed location. E. 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 number of the owner or operator thereof. F. No business license tax or identification shall be required for the maintenance or operation of: 1. Any machine dispensing sanitary or hygienic 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 convenience of the employees, visitors or customers; 2. Any machine or device dispensing free magazines or flyers; 3. Any U.S. postage stamp machine; 4. Any change machine; G. In the event any person discontinues maintaining any machine or device duly licensed under this Chapter 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, and may maintain such substituted machine or device without the payment of an additional license tax for the unexpired period of the license carried on such discontinued machine or device; provided, that such person shall surrender the City-provided identifying decal, metal-calor label, whichever the case may be, to the City and obtain a new identifying decal, metal-calor label for such unexpired period for such substituted machine or device. H. All vending machines and mechanical devices referred to in this Chapter shall be operated in accordance with the laws of the state. I. Nothing contained in this Chapter nor any action of the license collector or any duly authorized agent in issuing a license shall in any manner be considered as expressing any opinion or approval as to the legality of any machine or device and shall be no authority to operate any machines or devices as set forth in this article which may be illegal or illegally operated under the laws of this state. 5.16.110 Miscellaneous categories. The miscellaneous classification includes 14 such businesses operating exclusively with a vehicle for advertising, delivering or selling goods, wares, merchandise or services, and such other designated businesses, and includes, by way of example, the following: A. Advertising B. Carnival, circus, rodeo or exhibitions; C. Swap meets; D. Arcades; E. Game Machines; F. Merry-go-rounds; G. Shooting galleries; H. Medicine shows; I. Pawnshops or Secondhand dealers; J. Wrecking yards, junk dealers or junk collectors; K. Bowling alleys; L. Billiard halls or poolhalls; M. Tattoo ArtisUParlor. N. Messeurs, Messeuses and Massage Parlors 5.16.120 Advertising. A. Advertising by billboards includes every person erecting, installing, maintaining billboards or operating any other advertising sign, sign device, design or statuary erected to attract the attention of the public and visible from any street or other public place; provided, however, that advertising by billboards shall not include signs affixed to the building or on the directional signs, which sign or signs refer only to such license business, or to "for sale" or "for rent" signs on real estate. B. Advertising by distributing handbills includes every person operating the business of distributing handbills, samples, dodgers, circulars, booklets, or other notices of advertisements. No additional fee shall be required for employees or agents of such licensees; provided, said employees or agents carry upon their person at all times while engaged in the business an identification card furnished by the licensee. C. Advertising by searchlight includes carrying on the business of advertising by means of a searchlight, stereoscope, biograph, moving picture or any similar device; provided, that nothing contained in this section shall be construed to affect or apply to any person who shall be liable for and shall pay the license under any provisions of Chapter 5.04 through 5.22 and who shall use a stereotype, biograph or moving picture or any similar device for the purpose of advertising goods, wares or merchandise of the business of said person only. 5.16.130 Swap Meets. Every person carrying on a business of a swap meet, at a specified location or premises, and whether on one or more lots, the exchange, barter, sale, trade or purchase of personal property by or among persons not otherwise licensed to do business with the City shall first obtain a license so to do. 5.16.140 Pawnshops and Secondhand Dealers. All establishments operating as pawnshops and/or secondhand dealers and/or operating as pawnbrokers and/or businesses which loan money on pledged tangible personal property shall pay a business license fee as set by resolution. Such license shall not be issued until and unless the applicant presents a certificate of clearance from the chief law enforcement officer and the Department of Justice certifying that the business conforms in all respects with the law and regulations of the City and the State of California. 5.16.150 Tattoo artist/parlor. Every person carrying on the business of a tattoo artisUparlor shall pay a business license tax as set by resolution. SECTION 6. MESSEURS, MESSEUSES AND MASSAGE PARLORS. 5.18.010 Definitions. Whenever, in this ordinance, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended. A. "Health Officer" means the Director of the Health Department of the County of 15 Riverside, or his designated representative. . B. "Massage" means pressure on, friction against, stroking and kneading the body by manual or mechanical means, with or without appliances such as vibrators, infrared heat, sun lamps and external baths, for the purpose of maintaining good health and establishing and maintaining good physical condition. C. "Massage Business" means the operation of an establishment where massage is given. D. "Massage Technician" means any person who, for consideration, gives or administers to another person a massage. E. "Panel" means the Massage Examining Panel of the County of Riverside. F. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization. G. "Practice of Massage" means the performance of massage for compensation, either as the owner of or as an employee of a massage business, either at or away from the place of business. H. "Chief Law Enforcement Officer" means the Chief of Police or contract ranking officer of the County sheriffs station. 5.18.020 License Required. No person: A. Shall conduct a massage business in the City without a valid massage business license. B. Shall engage in or hold himself or herself out as engaged in the practice of massage in the City without a valid massage technician license. The possession of a valid massage business license does not allow the holder thereof to engage in the practice of massage. C. Who is the owner, operator, responsible managing employee or manager of a massage business, shall employ or permit any individual to engage in the practice of massage unless such individual possesses a valid massage technician license. 5.18.030 Exemptions. The provisions of this ordinance shall not apply to Trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. 5.18.040 Operating Requirements. A massage business shall meet the following minimum requirements: A. Conduct, or otherwise operate, a massage business only between the hours of 7:00 a.m. and 12:00 midnight. B. Post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises in which the massage business is located. C. Display the massage business license, and a copy of the license of each massage technician therein, in a conspicuous place in the premises in which the massage business is located. D. Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage and the type of massage given. Such records shall be made available, upon request, for inspection by the Chief Law Enforcement Officer. The information contained in such records shall be confidential. E. Provide a minimum of one (1) bathtub or shower, and one (1) toilet and wash basin facilities for the patrons; provided, however, if male and female patrons are to be served simultaneously, separate facilities shall be provided for such patrons. Where steam rooms or sauna baths are provided and male and female patrons are to be served simultaneously, separate steam rooms or sauna baths shall be provided for such patrons. Hot and cold running water under pressure from a potable source shall be provided to all wash basins, bathtubs, showers and similar facilities. Each water basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the wash basin provided for patrons, a minimum of one (1) separate wash basin shall be located within or as close as practicable to each area in 16 which massages are administered. F. Maintain lighting intensity of not less than seventy (70) foot candle power at floor level in any room or enclosure in all public rooms, hallways and within each room or enclosure where massages are administered. G. Maintain walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the massage business is in operation. Bathtubs shall be thoroughly cleaned after each use. H. Provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless such towels, sheets and linens have been relaundered. Heavy white paper may be substituted for sheets; provided, however, that such paper is used only for one (1) person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen". I. Provide disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof for any instruments used in the performance of any massage. J. Cover pads used on massage tables in a workmanlike manner with durable, washable plastic or other waterproof material. K. Unlock all exterior doors from interior side during business hours. L. Provide a separate locker for each patron to be served, which locker shall be capable of being locked and available to each patron at no extra charge. M. Shall not operate as a school of massage, or operate in the same location, or use the same facilities as that of a school of massage except as otherwise may be provided by law. It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage only upon a bona fide employee or another student of the school, or a dummy may be used. 5.18.050 Applications for Licenses/Renewals. A. Applications for a massage business license, a massage technician license, or for a renewal of such licenses, shall be filed with the Business License Officer. The fees for massage business license and a massage technician license shall be set by resolution. B. All licenses shall expire at the end of one year from the date of issue. C. Upon receipt of an application for a massage business license, the Chief Law Enforcement Officer shall cause an inspection to be made of the premises within which a massage business is to be conducted within twenty (20) days to ascertain if such premises are in compliance with the provisions of this ordinance, other applicable ordinances of the City of Lake Elsinore and the laws of the State of California. If such premises are not in compliance, the Chief Law Enforcement Officer shall notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of such premises to be made upon written request by the applicant; provided, however, that such request for reinspection is made within thirty (30) days after notice of noncompliance has been given by the Chief Law Enforcement Officer. D. Upon receipt of an application for a massage technician license, the Chief Law Enforcement Officer shall request the Health Officer to conduct an examination of the applicant. If the applicant fails to pass such examination, the Health Officer shall notify the applicant of the results thereof, in writing, and shall cause a re-examination of the applicant upon written request by the applicant; provided, however, that such request for re-examination is made within thirty (30) days after notice of the results have been given by the Health Officer. E. Upon receipt of an application for a massage business license or a massage technician license, the Chief Law Enforcement Officer shall investigate the truth of the matters set forth in the application. The Chief Law Enforcement Officer may make inquiries to any office or department of any federal, state or local agency which the Chief 17 of Law Enforcement deems essential to carry out a proper investigation of the applicant. 5.18.060 Massage Technicians--Apparel Requirements. Massage technicians shall be fully clothed in hygienically clean apparel while engaged in the practice of massage. As used herein, "fully clothed" shall mean the wearing of clothing which is comparable to the clothing commonly worn by nurses and physical therapists while performing their respective professional duties. 5.18.070 Issuance of Licenses. The Chief Law Enforcement Officer shall issue: A. A massage business license to any adult applicant: 1. Whose massage business premises are in compliance with the provisions of this ordinance, other applicable ordinances of the City of Lake Elsinore and the laws of the State of California; and 2. Who has not committed any acts or crimes constituting grounds for denial under Section 5.18.080 of this Chapter. B. A massage technician license to any adult applicant: 1. Who has satisfactorily demonstrated to the Health Officer to be free of any active communicable disease; and, 2. Who has passed the examination conducted by the Panel; and, 3. Who has not committed any acts or crimes constituting grounds for denial under Section 5.18.080 of this Chapter. 5.18.080 Grounds for Denial, Renewal Suspension or Revocation of a License. A. The Chief Law Enforcement Officer may deny an application for any license, or renewal thereof, required under this ordinance, if he finds: 1. That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith; or, 2. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another; or, 3. That the applicant has been convicted of any crime. A conviction shall mean a plea or verdict of guilty or conviction following a plea of nolo contendere, unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or the applicant has presented evidence to the Chief Law Enforcement Officer which shows to the Chief Law Enforcement Officer's satisfaction that the applicant has been rehabilitated; or, 4. That the applicant does not meet the qualifications required under Section 8 of this ordinance. B. Such denial may be made only if the act or crime referred to in subsections (a)(2) or (a) (3) above are substantially related to the qualifications, functions or duties of a person engaged in the business or practice of massage. C. The Chief Law Enforcement Officer may suspend or revoke a license required under this ordinance, if he finds: 1. That the licensee has violated any of the provisions, or failed to comply with any of the requirements of this ordinance; or 2. That the licensee has engaged in the practice of massage or the management of a massage business that does not comport with the public welfare for any reason or that the same have been conducted in any illegal, improper or disorderly manner, or for any reason for which the application for any license, or renewal thereof, required under this ordinance could have been denied. 5.18.090 Appeal. If, after an investigation, the Chief Law Enforcement Officer proposes to suspend or revoke a license or deny an application for such license, he shall prepare a notice of such intention setting forth the reasons therefor, and such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested, to the licensee's or applicant's address as provided in the application. The notice shall set a date, time and place for a hearing relative to such suspension, revocation or denial before the Chief Law Enforcement Officer, which date shall be not less than ten (10) days after service of the notice. Unless 18 - the licensee or applicant requests to be heard at the time and place specified in such notice within seven (7) days after service thereof, the proposed decision set forth in the notice shall be final as of the date set for hearing by such notice. If a hearing is requested and the Chief Law Enforcement decides to suspend or revoke the license, or deny the application, the licensee or applicant may appeal the decision by filing with the. City CI~rk, within ten (10) days after the date of such decision, a written notice of appeal bnefly setting forth the reasons why such suspension, revocation or denial is not proper, otherwise such decision shall be final. The City Clerk shall give written notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. 5.18.100 Inspection. The Chief Law Enforcement Officer shall, from time to time, and at least once a year, cause an inspection to be made of the premises and facilities of each massage business located within the City of Lake Elsinore. 5.18.110 Licenses Not Transferable. No license issued hereunder shall be transferable from one person to another. A massage business license shall be issued for a specific location, and shall in no event be transferable from one location to another. 5.18.120 Penalties. Any person violating any of the provisions, or failing to comply with any of the requirements, of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $500.00, or by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. 5.18.130 Other Remedies. The provisions of this Chapter are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. 5.18.140 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. SECTION 7. MORE THAN ONE BUSINESS ON A SINGLE PREMISES. 5.19.010 More than one business on a single premises--Separate premises. A. Where a license fee is imposed upon any business pursuant to this Chapter, and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business. B. A separate license shall be obtained for each branch establishment or location of the business and for each separate type of business at the same location. Each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location specified in the license, and in the manner designated in such license. SECTION 8. VIOLATIONS. 5.20.010 Remedies cumulative. The conviction and punishment of any person under Chapters 5.04 through 5.19 shall not relieve such person from fully complying with the requirements of Chapters 5.04 through 5.19, including application for and procuring of license and payment of license fees due, nor shall the payment of any license fee affect a criminal prosecution for the violation of or failure to comply with any of the provisions of Chapters 5.04 through 5.19. The remedies prescribed hereunder are cumulative and use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of Chapters 5.04 through 5.19. 19 SECTION 9. PEDDLERS, SOLICITORS AND MOBILE VENDORS. 5.22.010 Definitions. A. "Business by Vehicle" means the running, driving or operating of any vehicle, automobile, truck, automobile tank, wagon or any vehicle for the purpose of transportation, sale, collection or delivery of goods, wares, merchandise or other personal property of any kind from a vehicle, either as a principal business or in connection with any other business or in soliciting for work, labor or services to be performed upon the public streets in or from a vehicle, or to be performed on goods, wares, merchandise, clothes or other personal property to be taken for such purpose to a plant or establishment inside or outside the City. This definition shall not be deemed to apply to the delivery of goods by persons operating such a vehicle in conjunction with a fixed place of business within the City for which such business a license fee has been paid pursuant to the provisions of this Chapter. This definition shall not be construed as imposing a tax upon vehicles, but as a method of classification of businesses and distinguishing between persons maintaining a fixed place of business in the conduct of which a vehicle is used, and persons maintaining a business in the conduct of which vehicles are used, but who do not have a fixed place of business in the City. B. "Commercial Traveler" means and includes any person who travels or goes from place to place within the City and solicits, sells or takes orders at retail for goods, wares or merchandise for present or future delivery. C. "Mobile Vending" means Business by Vehicle. D. "Peddler" means and includes any person who travels or goes from house to house within the City and peddles, hawks, vends or sells any goods, wares, medicines, merchandise or anything of value in the possession of the Peddler to Persons other than manufacturers, wholesalers, jobbers or retailers in such commodities. E. "Solicitor" means and includes any person who goes from house to house within the City and solicits or takes orders at retail for any services, goods, wares or merchandise for future performance or delivery. F. "Public Street" means that portion of a street designated as such by the City, which is improved or unimproved, designed and ordinarily used by the public for the primary purpose of vehicular traffic. G. "Public Parkway" means any portion of a public street right-of-way which is set apart by curbs or land designated by the City, for pedestrian travel. 5.22.020 License--Required. It is unlawful for any person, either as owner, agent, operator or otherwise to engage in the business of operating any peddler, solicitor or mobile vendor without first securing a license so to do from the City according to each and every regulation contained in this Chapter any regulations or rules promulgated by resolution pursuant thereto. 5.22.030 License--Application--Contents. A. Applicants for licenses to commence manage, engage in, maintain, conduct or carry on the business described in Section 5.22.010 of this Chapter, must furnish to the City the following additional information: 1. The true and fictitious names and description of applicant; 2. Permanent home address and full local address of applicant; 3. Brief description of the nature of the business and the goods to be sold; 4. The City, County and State where the person conducted any kind of selling activity within the past five (5) years; 5. If employed, the name and address of the employer, together with credentials establishing the exact relationship; 6. The length of time for which the right to do business is desired; 7. The place where the goods or property proposed to be sold or orders taken for the sale thereof, are manufactured or produced; where such goods or products are located at the time said application is filed; and the proposed method of delivery; 8. Photograph of applicant and photograph of any vehicle used in such peddling or solicitation taken within sixty days immediately prior to the date of filing application; picture of applicant shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; 20 9. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and 10. A statement by a reputable physician of the City dated not more than ten days prior to submission of application, certifying the applicant to be free of contagious, infectious or communicable diseases, and; 11. A current list of prices for all products offered for sale from a mobile vending vehicle must be prominently displayed on the vehicle in such a manner as to be visible and readable with normal eyesight from at least five (5) feet away. No product shall be sold at a price in excess of the listed price. 5.22.040 Vehicle Insurance. It shall be unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any motor vehicle used for mobile vending in the City unless such person has a motor vehicle liability insurance policy, covering each mobile vending vehicle, and showing the City as additionally insured, which shall conform in all respects to the requirements of this Chapter. The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any such mobile vending vehicle with the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person. Such policy shall cover bodily injury and property damage in combined single limit amount and not less than one million for each vehicle. Proof of such insurance coverage shall be furnished to the City prior to issuance or renewal of a business license to or for such person, and to any duly authorized police officer upon request for such proof. 5.22.050 License--Application--Investigation. At the time of filing such application, the fees established by resolution shall be paid to the City to cover the cost of investigation of each owner and/or operator of the facts stated therein. 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 deemed necessary for the protection of the public good. 5.22.060 License--Issuance. Each license so issued shall state upon the face thereof the following, in addition to any other pertinent information: A. Name of Licensee; B. Kind of business licensed thereby; C. Category and amount paid therefor; D. Location of such business; E. Date of expiration of license. To each license there shall be attached photographs of licensee and of any vehicle used in the business, such photographs to be identical with those filed by licensee with his application pursuant to Section 5.22.030 of this Chapter. 5.22.070. License--Term. Licenses for peddlers, solicitors and mobile vendors issued under this Chapter shall be valid from the date of issuance for a period of one year, or shorter period as specified at the time of application, unless the same has been terminated, suspended or revoked for any of the causes as set forth in this Chapter 5.22.080 Hours of operation. No person shall practice or engage in the business of peddler, solicitor or mobile vendor during the period of time between half an hour after sunset and half an hour before sunrise. 5.22.090 Disturbance prohibited. No peddler, solicitor or mobile vendor selling or offering for sale, or pretending to sell or offer for sale, goods of any kind of character, shall ring the bell, or knock on the door of, or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing the words "no peddlers" is painted, affixed or exposed to public view. 21 5.22.100 License--Restrictions. A. No person shall sell, engage in sales, or offer to sell, display or offer for future sale or display any goods, wares or merchandise in any public street or public parkway within the City, except upon approval of a special permit from the City Manager. B. No driver of a mobile vending vehicle shall operate or permit operation of any radio system, loudspeaker, or other noise device intended to make sound audible outside the vehicle above 60 decibels when the vehicle is being operated upon any street within the City. C. No mobile vendor shall conduct business on streets where the speed limit exceeds 30 miles per hour. D. No mobile vendor shall vend within two tenths of one mile from any private or public school grounds during the hour before or the hour after the regular school day. E. No mobile vendor shall vend unless the vehicle is lawfully parked or stopped. F. Each mobile vending vehicle shall comply with all applicable operating and mechanical safety laws. G. Each mobile vending vehicle shall be equipped with a backup warning device which shall be operative at all times during which the vehicle is used for mobile vending. 5.22.110 License--Grounds for denial--Revocation. The granting of a license may be denied and an existing license may be revoked or suspended forthe following: A. The applicant has made false statements or fails to disclose facts in material in his application; 5.22.120. Penalty for violation. Any person who violates any provision of this Chapter, upon conviction thereof shall be punished in accordance with the provisions of this Code. In addition to any other penalty prescribed for a violation of this Chapter, upon a determination by the City that a person has violated any provision hereof, the City shall revoke each and all business licenses which have been issued pursuant to Chapter 5.22.060 of this Code to the person who committed such violation and to the business by whom such person was employed when the violation occurred. In addition to any other penalty prescribed for a violation of this Chapter, such a violation shall constitute grounds for denial of the issuance or renewal of such a business license to the person who committed the violation and to the business by whom such person was employed when the violation occurred. If any section, subsection, sentence, clause, phrase, or portion of the Chapter is for any reason held invalid or unconstitutional by the final decision of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions hereof. SECTION 10. AMBULANCE SERVICES. 5.24.010 Definitions. As used in this Chapter, the following definitions apply, unless other wise specified: A. "Ambulance" means any privately owned motor vehicle that is specially designed or constructed, and equipped, and is intended to be used for and is maintained or operated for the emergency and nonemergency transportation of patients, including dual purpose funeral coaches or hearses which otherwise comply with the provisions of this Chapter. B. "Ambulance operator" means any person engaged in the business of carrying or transporting patients by means of an ambulance. C. "Attendant" means a trained and/or qualified person responsible for the operation of an ambulance and the care of the patients whether or not the attendant also serves as driver. D. "Attendant-driver" means a person who is qualified as an attendant and a driver. E. "Health officer" means the Riverside County health officer acting as the City health officer. F. "Patient" means a person who is sick, injured, wounded, or otherwise incapacitated or helpless. 22 5.24.020 License--Required--Exemptions. A. Ambulance Operation. It is unlawful for any person, either as owner, agent or otherwise, to engage in the business of operating an ambulance in the City without first securing a license so to do from the City according to each and every requirement of this Chapter or without complying with each and every regulation contained in this Chapter and any regulations or rules promulgated by resolution pursuant thereto, pertaining to the business of carrying or transporting patients for hire upon the streets, alleys or any public way or place of the City unless said person holds a currently valid ambulance license issued pursuant to this Chapter. An ambulance operated by a public entity shall not be required to be licensed under this Chapter. No ambulance, including a public ambulance exempt from licensing under this Chapter, shall be operated for ambulance purposes, and no person shall drive, cause or permit it to be operated for such purposes on the streets, alleys or any public way or place of the City unless operated by a licensed attendant-driver, who shall be accompanied by a licensed attendant or attendant-driver, or unless there is present in the ambulance a California licensed physician and surgeon or a California registered nurse (R.N.); provided, however, that in nonemergency cases the patient's physician may waive the requirement that a licensed attendant be present while the patient is being transported. B. Exemptions. No licenses as required by this section shall be required for an ambulance operator or for the driver, attendant or attendant-driver of an ambulance who: 1. Is rendering assistance to licensed ambulance operators in the case of a major catastrophe or emergency for which the licensed ambulance operator or operators of the City are insufficient or which they are unable to handle; or 2. Is operating from a location or headquarters outside of the City in order to transport patients who are picked up beyond the limits of the City to locations within the City; but no such outside ambulance shall be used to pick up patients within the City for transportation to locations within or without the City, unless the attendant-driver, attendant and the person subject to the provisions of subsection A in respect to such ambulance, holds currently valid licenses and permits issued pursuant to this Chapter; or 3. Is operating under such circumstances where failure to provide ambulance service may jeopardize the health or safety of any person; or 4. Ascertains from the person ordering the ambulance service that no licensee under this Chapter is able or willing to render the service requested, and notifies the City's law enforcement agency that he is going to make such pickup. 5.24.030 License--Application--Contents. An application for an ambulance operator license under the terms of this Chapter shall be made upon such forms as may be prepared and prescribed by the City and shall be filed with the business license clerk, together with the required application fee. Said application shall be signed and verified by the applicant and shall include the following information and contain or have attached thereto the following material: A. The name, business and residence address of the applicant and of the registered and legal owners of the ambulance or ambulances to be operated by the applicant; B. The trade or other fictitious name, if any, under which the applicant does business and proposes to do business. If the applicant is a copartnership, the names and addresses of the copartners shall be listed. If the applicant is a corporation, the application shall list the names and addresses of all corporate officers, directors, managing employees and any stockholder or stockholders who own five percent or more of the stock of the applicant corporation; C. The training and experience of the applicant in the transportation and care of patients; D. A description of each ambulance to be operated by the applicant, including the make, model, year of manufacture, motor and chassis number; current state license number, patient capacity, the length of time the ambulance has been in use, the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicant's ambulance or ambulances, the special equipment installed or proposed to be installed in each such ambulance and whether such ambulances are or will 23 be operated as authorized emergency vehicles; E. The fact that each ambulance of applicant complies with the State Vehicle Code, Sections 2416, 2418, 21714 and Title 13 of the State Administrative Code, as well as all other state laws, orders and regulations applicable to the licensing of emergency vehicles; F. The location and description of the place or places from which applicant intends to operate, park, and store his ambulances; G. The scheduled rates proposed to be charged by applicant for ambulance service; H. The fact that all proposed operators and drivers of applicant's ambulance or ambulances hold ambulance driver's certificates issued by the State Department of Motor Vehicles; I. An accompanying license application fee as set by resolution for each ambulance of the applicant. This fee shall not be returned in the event that the license applied for is denied, revoked or suspended as provided in this Chapter; J. The fingerprints and thumbprints of the applicant; K. The hourly availability of ambulance or ambulances proposed to be operated by the applicant; L. The names, addresses and experience in first aid and driving of each attendant, or attendant-driver, employed or to be employed by the applicant; M. A statement that the applicant carries general liability insurance in a minimum amount of one million dollars, and agrees that said policy shall carry an endorsement protecting the City against any claims or demands as the result of persons injured or killed or property damaged as the result of the operation of the ambulance or ambulances to be operated by the applicant; N. An acknowledged receipt of an agreement to comply with all the rules and regulations governing ambulances, as provided in this Chapter and any rules and regulations promulgated pursuant thereto; O. A financial statement of the applicant, including the amounts of unpaid judgements against the applicant and the nature of the transaction or acts giving rise to said judgements; P. Any facts which the applicant believes tend to prove that the public convenience, necessity, health, safety and welfare require the granting of an ambulance operator's license to him; Q. Such other information as the City shall deem reasonably necessary for a comprehensive and responsible investigation of said applicant, including but not limited to photographs; R. A copy of the most recently issued emergency vehicle permit issued by the California Highway Patrol for each ambulance proposed to be operated by applicant. 5.24.040 Standards. A. Each ambulance to be operated in the City shall at all times when in use as such: 1. Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained, stored and parked in suitable premises; 2. Contain first aid and medical equipment consistent with the standards established in this Chapter, which equipment shall be proper for such commission and use and as a minimum shall include all emergency equipment, required by the regulations of the California Highway Patrol, adopted and enforced as to emergency equipment to be carried in ambulances used for emergency services; 3. Be in compliance with all current applicable laws and local ordinances relating to health, sanitation and safety and be licensed by the state; 4. Be equipped with such lights, sirens and special markings to designate it as an ambulance, as are required by the regulations of the California Highway Patrol covering the operation and equipment of ambulances used for emergency service; and 5. Be in compliance with the minimum safety requirement of the regulations adopted and enforced by the California Highway Patrol covering the operation and equipment service. B. Each licensed ambulance, its equipment, and the premises from which it 24 operates, and all records relating to its maintenance and operation as such, shall be open to inspection by the chief of police or his designated representatives during the licensee's usual hours of operation. 5.24.050 Liability insurance. A. No ambulance license shall be issued under this Chapter, nor shall such license be valid after issuance, nor shall any person drive or operate an ambulance or cause to be driven or operated an ambulance unless there is at all times on file with the City and in force and effect insurance coverage and a policy therefor, issued by an insurance company licensed to do business in the state, for each and every ambulance owned and/or operated by or for the applicant or licensee, providing general liability insurance in the amount not less than one million dollars B. Said insurance policies shall be submitted to the City for approval prior to the issuance of each ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the business license clerk, in such form as he may specify, by all licensees required to provide such insurance under the provisions of this Chapter. C. Every insurance policy required under this Chapter shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of nonpayment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such policy of insurance shall further provide for the payment of any judgments up to the limits of said policy, recovered against any person other than the owner, his agent or employees, who may operate the same with the consent or acquiescence of the owner. D. Every insurance policy required under this Chapter shall extend for the period to be covered by the license applied for and the insurer shall be obligated to give not less than ten days' written notice to the City and to the assured before any cancellation or termination thereof earlier than its expiration date. The cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the ambulances covered by such policy, unless another insurance policy complying with the provisions of this section is provided and in effect at the time of such cancellation or term i nation. E. Satisfactory evidence that the liability insurance required by this section is at all times in full force and effect shall be furnished to the City by each licensee required to provide such insurance. 5.24.060 License--Application--Investigation. Upon the receipt of a completed application, the chief law enforcement officer shall conduct such an investigation as he deems necessary to be made of the applicant and of his proposed operations to determine if the public health, safety, welfare, convenience and necessity require the granting of a license under this Chapter for ambulance service for which the application has been made, and shall further investigate to determine if the applicant meets all the requirements of this Chapter. Said investigation shall be completed no later than thirty days after the chiefs receipt of said completed application. Upon completion of his investigation, the chief shall recommend to the Council that a license be granted or denied for the requested ambulance service. The chiefs report and recommendation to the Council shall include but not be limited to the finding on the following: A. Number, kind and type of equipment and the color scheme to be used; B. The appropriateness of the vehicles proposed to be used for carrying or transporting patients; C. The ability, experience, training and responsibility of the applicant and his prospective attendants and attendant-drivers. 5.24.070 Declaration of public convenience and necessity. On receipt of the chief law enforcement officer's report and recommendation, the City Clerk shall fix a time for public hearing by the Council thereon for the purpose of determining whether the public convenience and necessity and the public health, safety and welfare require the proposed 25 service, and whether the applicant is fit, willing and able to operate an ambulance service in the City, and to conform to the provisions of this Chapter and any rules and regulations promulgated pursuant thereto. No license shall be granted until the Council, after the chief law enforcement officer's investigation and said public hearing, declares by resolution that the public convenience and necessity require the proposed service and that the same will promote the public convenience and the public health, safety and welfare of the City. 5.24.080 License--Council hearing. A. The City Clerk shall give notice of the time and place of said hearing by certified mail to all persons to whom licenses for operation of ambulances have been heretofore issued and to the applicant. Said notice shall also be given to the general public by the City Clerk, causing a notice of the time, place and subject matter of such hearing to be published in a newspaper of general circulation in the City. Said publication shall be completed no later than ten days prior to the date and time set for said hearing. B. Any interested person may file with the City Clerk a memorandum in support of or in opposition to the issuance of a license no later than the time and date set for said hearing. 5.24.090 License--Conditions prerequisite to issuance. After completion of the public hearing, the Council shall, by resolution, approve the issuance of a license under this Chapter to the applicant if the Council makes a prior finding as follows: A. That the City Council has determined that the public convenience, necessity, health, safety and welfare of the City require the proposed ambulance service; B. That only duly licensed attendant-drivers or attendants are employed in such respective capacities; C. That the applicant or any copartner or managing employee or attendant thereof is not registered as a sex offender under the provisions of Section 290 of the State Penal Code; D. That the applicant or any copartner or managing employee or attendant thereof does not habitually or excessively use or is not addicted to the use of narcotics, marijuana or dangerous drugs, or has not been convicted of any offense relating to the use, sale, possession or transportation of narcotics, marijuana or habit-forming and dangerous drugs; E. That the applicant or any copartner or managing employee or attendant thereof is not a habitual user of intoxicating beverages to excess; F. That the applicant, or any copartner or managing employee or attendant thereof, within the three-year period immediately preceding filing the application, has not been under suspension, revocation or probation by the State Department of Motor Vehicles for a cause involving the safe operation of a motor vehicle, or has not been convicted of any of the following offenses: Failure to stop and render aid in an accident involving injury or death, driving while intoxicated, or reckless driving involving bodily injury; G. That the applicant or any copartner or managing employee or attendant thereof has not h\been convicted of any offense punishable as a felony in the state, or has not been convicted of the crime of theft of either degree within the ten-year period immediately preceding the application; H. That the applicant or any copartner or managing employee or attendant thereof has not been convicted of any offense involving moral turpitude; I. That the applicant or any copartner or managing employee thereof does not have a financial interest in more than one ambulance company operating within the City; J. That the applicant is fit, willing and able to perform such public transportation of patients and to conform to the provisions of this Chapter and any rules and regulations promulgated hereunder; K. That the vehicles described in the application or proposed equipment therein comply with all pertinent state laws; L. That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such ambulance or ambulances is not in conflict with and does not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive or to defraud the public; In making such findings, the Council shall take into consideration, the number of 26 ambulances already in operation in the City, whether existing ambulance service is adequate to meet the public need, the probable effect of increased ambulance service on local traffic conditions, and the character, experience and responsibility of the applicant. The Council, in its discretion, shall determine in said resolution the total number of ambulances which shall be operated under such license. 5.24.100 License--Issuance. Upon the issuance of a permit the permittee shall have the right to provide ambulance service for which he has been granted a permit. 5.24.110 License-- Term. Ambulance operator licenses issued under this Chapter shall be valid from the date of issuance for a period of one year, and continue to be valid unless the same have been terminated, suspended or revoked for any of the causes set forth in this Chapter. 5.24.120 License--Application--Fee. The fee which shall be submitted with the application for an ambulance operator's license shall be set by resolution. Said application fee shall cover administrative and other costs incident to such application and the investigation thereof. The required application fee shall not be returned in the event that the license applied for is refused, revoked or suspended as provided in this Chapter. 5.24.130 License--Posting. Each ambulance operator to whom a license has been issued shall cause an authenticated copy of the license to be posted on the dashboard of each ambulance in a position clearly visible, or in some other area of the vehicle, approved by the chief law enforcement officer. 5.24.140 License-- Transfer. No license for the operation of an ambulance may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Council. Application for transfer of any license for an ambulance shall be subject to the same terms, conditions and requirements as is the application for an original ambulance operator's - license. 5.24.150 License--Suspension, revocation. A. The Council may at any time revoke, suspend or change a license granted to an ambulance operator only after giving proper notice to the licensee of its intent to revoke, suspend or change, allowing licensee an opportunity for a public hearing before the Council and it finding that any or all of the acts set forth in subsection B have been committed by the licensee. All licenses which have been suspended or revoked by the Council shall be surrendered to the City immediately after suspension or revocation and the operation of all ambulances covered by such licenses shall cease and the continued operation thereof thereafter constitutes a violation of this Chapter. B. If the Council has probable cause to believe that any person to whom an ambulance operator's license has been issued under this Chapter has done any or all of the acts set forth in this subsection, shall immediately set the matter for public hearing and direct the City Clerk to immediately give the licensee written notice by certified mail of a public hearing to be held by the Council at its next regular meeting. This notice shall state the date, time and place of hearing and contain a statement of the facts upon which the Council has acted in calling the hearing. At the hearing, the licensee and any other interested person shall have the right to present evidence as to the facts upon which the Council proposes to revoke or suspend the license and any other facts which may aid the Council in determining whether any of the acts have been committed by the licensee. The Council shall, no later than fifteen days after the conclusion of the hearing, by resolution, make findings of fact and either revoke, suspend or not revoke or suspend the license. The Council, in said resolution, shall state the facts upon which its decision is based. Copies of said resolution shall be served by mail upon the licensee and all parties to the hearing requesting the same. The Council's decision by said resolution shall be final and conclusive. 5.24.160 Inspections. Prior to the issuance of any ambulance operator's license under this Chapter, the chief law enforcement officer shall cause the applicant to submit 27 a current inspection certificate from the department of the California Highway Patrol certifying that all of the ambulance vehicles of the applicant are in compliance with the regulations covering the operation and equipment of ambulances used for emergency service, as adopted and enforced by said department of the California Highway Patrol. 5.24.170 Equipment. No permittee shall allow an ambulance to be operated unless it is equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code as the same are now written or hereafter amended. 5.24.180 Driver's certificate. No permittee shall allow an ambulance licensed under this Chapter to be operated on emergency calls or in service unless the driver thereof holds a valid ambulance driver's certificate issued by the California Department of Motor Vehicles, and the driver is accompanied by an ambulance attendant, or a California licensed physician or California registered nurse. SECTION 11. PATROL/SECURITY SERVICES. 5.25.010 Definitions. As used in this Chapter, certain words and phrases appearing in this Chapter are defined as follows: A. "Security Services" means persons who, for consideration, are guarding, protecting or patrolling property or protecting, defending or guarding persons, or any other persons defined in Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. B. "Security Guard" means private investigators, private patrol operators, uniformed employees or private patrols, night watchmen, protection dog operators and any other person defined in Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. C. "Chief Law Enforcement Officer" means Chief of Police or contract ranking officer of the County Sheriff's station. 5.25.020 Permit--Required. No person or company shall operate a security service in the incorporated area of the City unless he holds a current, unrevoked permit issued to expire at the end of one year from time of issue. Said permit may be prorated on a quarterly basis for the first year. 5.25.030 Permit--Application. Applications for a permit to operate a security service shall be made to the City upon the form provided which shall include the following: A. Name, residence address of the applicant, address of business and the fictitious name, if any, under which the applicant proposes to do business. Any change of business or residence address shall be reported within ten working days to the responsible City staff member handling applications; B. The experience of the applicant in the operation of security services; C. A map of the district, territory or area proposed to be served by the security service; D. A complete description of each vehicle to be operated by the applicant or his employee; E. Names and addresses of all security guards who are owners, members or who will be employees of the patrol system. 5.25.040 Listing on permit required. No operator of a security service shall employ or utilize the services in any way of a security service whose name is not on the permit of such operator, or who does not possess a valid and subsisting permit. 5.25.050 Removal from permit--When. The permittee of a patrol system shall, within five days after any security guard is no longer an owner, member or employee of such permittee, notify the City and thereupon return any permit which may have been issued to such patrolman by the City. The City shall cause such patrolman's name to be removed from the permit of such patrol system. 28 5.25.060 Permit--Investigation. Upon the receipt of a completed application, the Chief Law Enforcement Officer of the City shall conduct an investigation to determine that the public health, safety, welfare, convenience and necessity require the granting of the permit and shall further determine if the applicant meets all the requirements of this Chapter and the laws of the State. Upon completion of the investigation by the Chief Law Enforcement Officer for the City, he/she shall recommend to the City that the permit be granted or denied. 5.25.070 Permit hearing. If the City determines that a permit shall not be issued, the applicant has the right to demand a public hearing. A request for hearing shall be made in writing to the City within fifteen calendar days following notification of the decision of the City to deny the permit. Upon receipt of a written request, the City shall set the matter for hearing not more than thirty days following receipt of the written request. At the hearing the applicant shall have the burden of proof to show facts of why a permit should be issued and why it meets the requirements of this Chapter and the laws of the State. 5.25.080 Permit renewal. Permits to operate a security service may be renewed annually by the Chief Law Enforcement Officer of the City upon application by a permittee if the Chief Law Enforcement officer determines that the permittee remains in compliance with the provisions of this Chapter. 5.25.090 Permit transfer. No permit shall be transferred to another person except upon prior approval of the City and upon the recommendation of the Chief Law Enforcement Officer of the City. 5.25.100 Permit--Prerequisite of issuance. Prior to issuance of the permit the applicant shall: A. Pay the first year fee, or prorate a portion thereof; B. File copies of certification or licenses required by the California Business and - Professions Code in Chapter 11 (commencing with Section 7500) of Division 3, for each security guard employed. The applicant will supply, within five working days, copies of certificates and licenses of each new employed security guard during time of permit; C. The applicant shall furnish a letter agreeing that the City is not obligated to pay for any costs or damages incurred by their service; D. The applicant shall furnish liability insurance with a minimum policy of one million dollars per incident, showing the City as additionally insured. 5.25.110 Equipment requirements. A. Uniforms shall not resemble the law enforcement agency of the City; B. Badges shall not resemble or represent in design the law enforcement agency of the City; C. Vehicles shall not have emblems on doors that resemble the law enforcement agency of the City. Vehicles may have "Security" in three-inch letters on the trunk lid; D. Lighting on vehicle shall conform to the California Vehicle Code; E. The Chief Law Enforcement Officer of the City shall have final approval of uniforms, badges and vehicles to insure compliance with this section. 5.25.120 Permit issuance. Upon issuance of a permit, the permittee shall have the right to provide security services for which he has been granted a permit. 5.25.130 Permit to be carried on person. While engaged in his duties, a security guard shall keep his permit upon his person at all times. 5.25.140 Permit--Grounds for denial and revocation. The granting of a permit, or a renewal may be denied and an existing permit may be revoked or suspended for any of the following grounds. A. The permittee or applicant has made false statements or fails to disclose facts in material matter either in his application or in any reports or other documents furnished to the City; 29 ----" B. The permittee does not maintain and operate his vehicles and other equipment in the manner and in the condition required by this Chapter; C. The permittee knowingly employs persons who does not meet the standards or requirements or have the certificate, licenses required by this Chapter; D. The permittee or applicant is not the real party in interest in the business; E. Any other grounds or conduct as defined in Chapter 11 (commencing with Section 7500) of the Business and Professions Code of California, which are violations; F. If the permittee or applicant: 1. Is required to register as a sex offender under Section 290 of the California Penal Code; 2. Habitually uses, or is addicted to the use of, or uses narcotic or dangerous drugs or has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habit-forming drugs within the past ten years; 3. Is a habitual user of intoxicating beverages to excess. Habitual to be at least three arrests and convictions of drunk in public or driving while under the influence in a two-year period; 4. Has been convicted of any offense involving moral turpitude; 5. Convicted of any offense relating to security services. 5.25.150 Permit--Revocation or suspension. A. Every permit granted under this Chapter is granted and accepted by all parties with the express understanding that the permit may be revoked or suspended for any cause specified in this Chapter by the Chief Law Enforcement Officer of the City after ten working days' notice to the permittee to be heard on the matter; B. If, after such hearing, the Chief Law Enforcement Officer finds that grounds for revocation or suspension still exist he/she may then revoke or suspend the permit. If a permit is suspended, the permittee shall cease operation until the Chief Law Enforcement Officer removes the suspension; C. Failure to cease operations shall be a misdemeanor. 5.25.160 Permit--Hearing upon nonrenewal or revocation. If renewal of a permit is denied or if revoked by the Chief Law Enforcement Officer, the permittee shall have the right to demand a hearing thereon. A request for a hearing shall be made in writing to the City within fifteen calendar days following notification of the denial or revocation of the permit. Upon receipt of a written request the City shall set the matter for hearing on a date not more than sixty days following receipt of the written request and give notice to the appellant and the Chief Law Enforcement Officer of the date of hearing. At the hearing the parties may present evidence relevant to the decision for denial or revocation. The hearing may be public or closed depending on request of permittee. Within fifteen working days following the conclusion of the hearing, a written decision will be given. There shall be no change to Chapter 5.28 concerning Cardrooms. SECTION 12. BINGO. 5.29.010 Permitted for certain organizations. Pursuant to the conditions and restrictions of California Penal Code Section 326.5, bingo shall be permitted to be played in the City only for the benefit or organizations included by the provisions of Penal Code Section 326.5(a). 5.29.020 Bingo defined. As used in this Chapter "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. It shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance." 5.29.030 License--Required. No bingo shall be played without a valid and 30 unexpired license. Only those nonprofit organizations set forth in Penal Code Section 326.5 are eligible to apply for a bingo license. Eligible organizations shall file a written application for a bingo license with the City on a form provided thereby. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee. 5.29.040 License--Application--Contents. A. Said application for license shall contain the following: _ 1. The name of the applicant organization and a statement that the applicant organization is eligible to apply for a license under the terms of state law and this Chapter; 2. The name and signature of at least two officers, including the presiding officer of the organization; 3. The address of the particular property within the City which is owned or leased by the applicant, used by the applicant for an office or for performance of the purposes for which the applicant is organized, and on which bingo will be conducted, together with the occupancy capacity of such location; 4. Proposed hours and days of operation; 5. A statement that the applicant agrees to conduct bingo in strict accordance with the provisions of California Penal Code Section 326.5 and this Chapter, as either may be amended from time to time, and that the applicant agrees that the license may be revoked by the City upon violation of any such provisions; 6. Proof that the applicant organization has owned or leased property within the City that was used by the applicant for an office or for performance of the purposes for which the organization is organized, for a period of at least twelve months immediately preceding the filing of such application, and the property upon which any bingo game is to be conducted is property so owned or leased by the applicant; 7. Written verification from the Community Development Department of the City that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities on the basis of not less than one parking space for each two seats, one seat being defined as an area of seven and one-half square feet; 8. Written verification from the Community Development Department of the City that the operation of such game or games is in compliance with Title 17. B. The application shall be signed by the applicant under penalty of perjury. C. The application process fee and annual license fee as set by resolution shall accompany the application. If an application for a license is denied, one-half of the license fee shall be refunded. D. A certificate of determination of exemption under Section 23701 of the California Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing such exemption shall accompany the application; E. A certified list of officers from the Secretary of State, which shows the status of the organization. 5.29.050 Applicant must be qualified. No license shall be issued to any organization unless such applicant is an eligible organization under Section 5.29.010, and its application conforms to the requirements, terms and conditions of this Chapter. 5.29.060 Investigation of applicant. Upon receipt of the completed application, fees, and exemption information, the City Manager shall refer the same to interested departments of the City, including, but not limited, City Attorney, Sheriff Department, and the Fire Department, for investigation as to whether or not all of the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies as property on which bingo games may lawfully be conducted as to fire, occupancy, and other applicable restrictions. 5.29.070 Contents of applications. Upon a satisfactory conclusion of this investigation, the City Manager shall issue a license to the applicant. The license shall contain the name and nature of the organization to whom the license is issued, the 31 address where bingo is authorized to be conducted, the occupancy capacity of the room or rooms in which bingo is to be conducted, the expiration date of the license, and such other information as may be necessary or desirable for the full enforcement of the provisions of this Chapter. 5.29.080 License--Suspension--Revocation. A. If a licensee is conducting bingo or allowing bingo to be conducted in violation of any provision of this Chapter, the City Manager shall have the authority to suspend the license summarily and order the licensee to cease and desist from any further operation of bingo within the City. B. An order and suspension issued under this Chapter shall also notify the licensee that it shall have five days from the date of the order to request a hearing to determine whether such license shall be revoked. If no such hearing is requested within this five-day period, the license shall be revoked. C. Within ten days after receipt of a timely hearing request by the licensee, the City Manager shall provide and conduct such a hearing. At this hearing the suspended licensee may appear for the purpose of presenting evidence and information tending to show why the license should not be revoked. D. No license shall be revoked under subsection C unless notice of the time and place of the hearing has first been given at least five days before the hearing by depositing in the United States mail a notice directed to the suspended licensee at the address given in licensee's application. Notice shall set forth a summary of the grounds advanced as the basis for the suspension and revocation. E. An organization whose license is revoked under this section shall conduct no bingo in the City unless the City Council, on appeal, sets aside the license revocation. 5.29.090 License--Alternative to revocation. A. If the licensee is conducting bingo in violation of any provisions of this Chapter, or that the license was obtained by fraudulent representations, and if no summary suspension is ordered under Section 5.29.080, the license may be revoked; provided, however, that the licensee may appear before the City at the time set by the City for the purpose of presenting evidence and information why the license should not be revoked. B. No license shall be revoked under this section unless written notice has first been given at least five days before the hearing by depositing in the United States mail a notice directed to the suspended licensee at the address given in licensee's application. Notice shall set forth a summary of the grounds advanced as the basis for the suspension and revocation. C. An organization whose license is revoked under this section shall conduct no bingo in the City unless the City Council, on appeal, sets aside the license revocation. 5.29.100 License--Revocation--Appeal. A. A licensee whose license is revoked shall have the right within fifteen days after notice of revocation is mailed pursuant to this Chapter to file a written appeal with the City Council. This appeal shall set forth the specific grounds on which it is based. The City Council shall hold a hearing on this appeal within thirty days after its receipt by the City, or at such time as is thereafter agreed upon, and shall cause the appellant to be given at least ten days' written notice of such City Council hearing. At this hearing, the appellant or its authorized representative shall have the right to present evidence, information and argument in support of the appeal. The determination of the City Council on the appeal shall be final. B. An organization whose license is revoked by the City Council may not apply again for a license to conduct bingo in the City for a period of two years from the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption for the organization under Section 23701 of the California Revenue and Taxation Code, such organization may apply again for a license upon satisfactory proof of reinstatement of this exemption. 5.29.110 Maximum amount of prize. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or 32 both, for each separate game which is held. 5.29.120 Profits to be kept in separate fund or account. All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this Chapter. The City, by and through its authorized officers, shall have the right to examine and audit _ such record at any reasonable time and the licensee shall fully cooperate with the City by making such record available. 5.29.130 Financial interest in licensee. No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. 5.29.140 Exclusive operation by licensee. A bingo game shall be operated and staffed only by member of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. 5.29.150 Bingo games open to public. All bingo games shall be open to the public, not just to the members of the licensee organization. 5.29.160 Attendance limited to occupancy capacity. Notwithstanding the requirement of Penal Code Section 326.5 that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Department of the City in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. 5.29.170 Bingo games conducted only on licensee's property. A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this Chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this Chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. 5.29.180 Minors not to participate. No person under the age of eighteen years shall be allowed to participate in any bingo game. 5.29.190 Intoxicated persons not to participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. 5.29.200 Hours of operation. No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period. No bingo game shall be conducted before ten a.m. nor after two a.m. of any day. 5.29.210 Participant must be present. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. 5.29.220 Receipt of profit by a person a misdemeanor under State law. It is a misdemeanor under Section 326.5(b) of the Penal Code of the State for any person to 33 receive a profit, wage, or salary from any bingo game authorized under this Chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the City. 5.29.230 Peace officer access. Any peace officer of the City shall have free access to any bingo game licensed under this Chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. - 5.29.240 City may enjoin violation. The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this Chapter. SECTION 13. CARNIVALS, CIRCUSES, RODEOS AND EXHIBITIONS. 5.32.010 Permit--Required. No person shall conduct, operate, maintain or cause to be conducted, operate, or maintain any carnival, circus, tent show, rodeo, or exhibition within the City without first having obtained from the City Council a permit therefor as provided in the following sections of this Chapter. 5.32.020 Permit--Application. Any person desiring to obtain such permit shall make application in writing to the City not less than twenty days prior to the date of opening or starting of such carnival, circus, tent show, rodeo, or exhibition. The application shall be signed by the owner, or by his authorized agent or representative, and shall contain the following: A. The name and address of the owner or owners, and of the person designated as manager or in charge of such performance; B. The times and dates of all performances to be presented; C. The nature of the performance, and the number and type of concessions to be operated in connection therewith; D. The location where such carnival, circus, tent show, rodeo, or exhibition is to be held; E. An agreement from the owner that the owner will be financially responsible for the safe, careful and lawful operation of such show. 5.32.030 Liability insurance--Law enforcement statements. At the time of filing application for such permit, the applicant shall exhibit satisfactory proof that the show and concessions to be conducted under such permit are insured by a recognized liability insurance company in the sum of one million dollars CSL. There shall also be attached to the application for such permit written statements from the law enforcement agencies in the last three places where the said show has been exhibited prior to the filing of the application stating the experiences of those communities with the said show. 5.32.040 Investigation. The applicant for such permit shall post with the City a filing and investigation fee of not less that fifty-two dollars, whereupon the Sheriffs Department shall conduct an investigation of the applicant, the proposed show, and the proposed location where the show is to be held, and shall report his findings to the City Council. In the conduct of this investigation the police may take the fingerprint of any person employed in the business under investigation. 5.32.050 Permit--Issuance--Compliance. Such permit shall be issued by the City and remain in effect only upon compliance satisfactory to the City Council with the following conditions: A. Selection of a site for tents and/or other structures readily accessible to firefighting equipment; B. Evidence that all tents have been adequately treated for fire resistance; C. Observance of all applicable laws and ordinances with respect to equipment used, construction and other electrical wiring, food served, and in all other respects; D. Removal of all weeds and combustible matter from the performance area prior to the opening of such show; 34 E. Approval by the Building Inspector of the seating provided for the use of the patrons of such show; F. Employment at the applicant's expense of such special police as may be directed by the City; G. Posting with the City of a cash bond sufficient to defray the expense of special police and to guarantee the cleaning of the show area after the performance. Any money not expended for these purposes shall be promptly refunded to the applicant. _ 5.32.060 Permit--Revocation. The City shall summarily revoke any permit issued hereunder, and shall close any such carnival, circus, tent show, rodeo, or exhibition authorized by such permit for the breach of any of the conditions set forth in this Chapter, or for the violation of any laws of the State. SECTION 14. AMUSEMENTS AND ENTERTAINMENT. 5.34.010 Definitions. For the purpose of this Chapter, certain works and phrases shall be construed as set forth in this section: A. "Entertainment" means any presentation or activity of any nature which is designed or intended to divert, amuse, or attract the attention of persons observing such presentation or activity, including, but not limited to, any type of presentation in which live models appear before an audience of any number of persons. B. "Restaurant" means any place where food or other refreshments are served and which is open to the public, including, but not limited to, coffee shops, bars, cafes, nightclubs, beer parlors, discotheque clubs and coffee houses. 5.34.020 Permit--Required. No person shall provide or permit any type of entertainment in a restaurant, unless such person has first obtained a permit to do so from the City as provided in this Chapter. 5.34.030 Permit--Application--Filing. A. Applicants for entertainment permits shall file a written, signed, and acknowledged application with the City showing: 1. The name and permanent address of applicant; 2. A detailed description of the entertainment, including type of entertainment, number of persons engaged in the entertainment, purpose of the entertainment, and any further information about the entertainment as the City may deem necessary; 3. The date, hours and location where said entertainment is proposed, and the admission fee, if any, to be charged; 4. The name or names of the person or persons having the management or supervision of applicant's business; 5. The length of residence of the applicant within the City; 6. A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment; 7. Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the sentence received therefor; 8. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Council may deem necessary. B. Applicants for entertainment permits pay include, but are not limited to: 1. Owner of the establishment providing or sponsoring the entertainment; 2. The entertainers themselves. 5.34.040 Permit--Application--Fee. A fee as set by resolution of the City Council shall be paid upon filing of each application for a permit for the purpose of defraying the expense incidental to the processing of said application. 5.34.050 Permit--Granting. After the filing of said applications, the City shall refer the matter to the chief law enforcement officer for investigation and report thereon. If satisfied as to the good character of the applicants and that said entertainment, as proposed, will not be detrimental to the public welfare, the City shall grant a permit. If the 35 chief law enforcement officer has recommended that one or more police officers should be in attendance at all functions for which said permit is granted, then the permit shall be valid only upon provision by applicant at his sole cost of said officers at said function or functions. The permit shall be granted to each applicant for the specific occasion requested, or if the request is for a continuous permit, said permit shall be issued for not longer than one year. 5.34.060 Permit--Exemptions. The provisions of section 5.34.020 shall not require a permit for the following: A. For the use of a radio or music recording machine in any establishment; B. For any entertainment provided for members and their guest at a private club where admission is not open to the public; C. For entertainment conducted in connection with a regularly established recreation park, circus or fairground; D. For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having any established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association; E. For entertainment conducted in connection with any dance, where a valid dance permit is in full force and effect under section 5.16.120. 5.34.070 Interior illumination. All restaurants, or structures wherein a restaurant is maintained and entertainment is provided shall maintain an interior illumination of not less than one footcandle at floor level for exit areas as prescribed by the Uniform Building Code. Further, the minimum of one footcandle at floor level shall apply to all interior areas wherein the restaurant is conducted and entertainment is performed. 5.34.080 Disorderly conduct. No person in charge or assisting in the conduct of any restaurant where entertainment is permitted shall permit any intoxicated, boisterous or disorderly person to enter, be or remain in, or to assist in any restaurant; and no person in an intoxicated condition shall enter or remain in any restaurant where entertainment is permitted or conduct himself in a boisterous or disorderly manner in a restaurant where entertainment is permitted. 5.34.090 Entertainment restrictions. No person shall display or exhibit moving pictures, stereopticon, or any otherwise projected picture or pictures of lewd, obscene, or immoral character, or suggestive or indicative of, or depicting or portraying vice or crime, or vicious, criminal or immoral scenes, events, action or practices in any restaurant where entertainment is permitted. 5.34.100 Permit--Revocation. If a permit holder is cited by and has sanctions imposed by the Alcoholic Beverage Control Board for activities described in this Chapter, the permit of said person shall be automatically revoked and become immediately null and void. 5.34.110 Violations-Penalty. In addition to the penalties provided in this Code, the entertainment permit previously issued shall be void and shall be revoked by the City. There shall be no change to Chapter 5.40 regarding Community Antenna Television Systems. There shall be no change to Chapter 5.44 regarding Concealed Weapons. SECTION 15. GAME MACHINES AND DEVICES. 5.48.010 Definitions. For the purpose of this chapter, the following definitions shall apply: A. "Arcade" is the business of operating amusement machines, games machines, 36 or any other similar mechanical amusement devices having twenty-one (21) or more devices at a single location. B. "Game Machine" shall mean any coin-operated mechanical amusement devices such as pin-ball machines, phonographs, projectoscopes, muscle testing machines, galvanic batteries, lung-testing machines, weighing machines or any other instrument or machine of like character having for its purpose the entertainment, education or amusement of the patron of such business. - 5.48.020 Fee. Every person carrying on the business of an arcade, or of renting, leasing, or maintaining any machine not prohibited by law, which provides for a game of skill, or of chance, or both, and which is operated by means of a coin, slug or similar device, shall pay the fee as set by resolution. Such license fee shall be paid in advance. 5.48.030 Sticker issuance--Machine confiscation. The City shall furnish a sticker or certificate, to be attached to each machine, for which a license fee is paid hereunder, and is authorized to confiscate all such machines for which such license has not been paid. In the event that such machine so confiscated is not redeemed within thirty (30) days thereafter by payment of the required license fee together with the cost of transportation and storage, such machine shall be destroyed by the City. SECTION 16. GOING-OUT-OF-BUSINESS SALES. 5.52.010 Filing of inventory--License. It is unlawful for any person to advertise or conduct any sale of goods, wares or merchandise that is represented as an insolvent business, assignment for the benefit of creditors or closing out liquidation, or closing or going-out-of-business sale which represents or intends to lead the public to believe that upon the disposal of the goods to be placed on sale, the business being conducted in any subject location will cease, be removed, or discontinued, without first filing with the City the inventory of all goods, wares and merchandise which are the subject of any such sale and obtaining from the City a license to be known as "Going-out-of-business" sale. The _ provisions of this Chapter do not apply to foreclosures, bankruptcy, or other similar sales conducted under the direction or pursuant to the order of court of a governmental agency. This Chapter shall not apply to sales of goods, wares and merchandise done in the usual and normal course of business and not for the purpose of going out of business or complete liquidation of all goods, wares and merchandise. 5.52.020 Inventory requirements. The inventory shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any ale for which a license is required, together with the wholesale prices thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized, and by affidavit at the foot thereof he or such agent shall swear or affirm that the information therein given is full and true and known by him or such agent to be so. 5.52.030 Investigation. The City may, in his discretion, verify the details of an inventory filed in accordance with Section 5.52.010, or he may check and verify the items of merchandise sold during the sale, and any person to whom a going-out-of-business sale license has been issued shall provide the City with all facts connected with the stock on hand or the proper information of goods sold or any other information that the City may reasonably require in order to make a thorough investigation of the sale. - 5.52.040 Unlawful acts. It is unlawful for any person to sell, offer or expose for sale at any such sale or to list on such inventory, any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock, for the purposes of such sale, or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold from which records the City may ascertain the kind and quality or the number sold. 5.52.050 Misleading statements. It is unlawful for any person conducting, managing or carrying on any sale as provided by this Chapter to make any false or 37 misleading statements or representation, either verbally or in writing contrary to the provisions of this Chapter. SECTION 17. WRECKING YARDS AND JUNK DEALERS. 5.56.010 Definitions. A. "Junk dealer" means a person having a fixed place of business in the City who is engaged in the business of buying, selling, or otherwise dealing in, either at wholesale or retail, old rags, sacks, bottles, cans, papers, metal, or other articles commonly described as junk. B. "Wrecking yard" means a person having a fixed place of business in the City who is engaged in the business of buying, selling, or otherwise dealing in, either at wholesale or retail, wrecked vehicles and similar items. 5.56.020 Permit--Requirement--Exemptions. A. Permit Required. No person shall carry on the business of a wrecking yard or junk dealer without first having obtained a permit from the City so to do in the manner provided in this Chapter, which permit shall be posted and maintained in a conspicuous place on the premises where such business is conducted. B. Exemptions. The provisions of this Chapter shall not apply to franchises of the City or any person contracting with the City to collect garbage and refuse pursuant to applicable provisions of this Code. 5.56.030 Permit--Application--Issuance. A. Any person desiring to obtain a license for doing business as a wrecking yard or junk dealer in the City shall make application in writing to the City. Such application shall be executed and verified by the applicant and shall set forth the following information: 1. The name, age and residential address of applicant, if a natural person; or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, together with their respective addresses; 2. The address at which the wrecking yard or junk dealer business is to be conducted; 3. Two recent color photographs and fingerprints of applicant, if an individual, including partnerships and persons owning ten percent or more of a corporation applying for a license; 4. Such other data and information as the City may reasonably require for a proper review by him of said application. B. The Chief Law Enforcement Officer, after a full investigation, shall submit the application to the Department of Justice. If the Department of Justice does not comment on the application within thirty days thereafter, the licensing authority may grant the applicant a license. All forms for application and licensure, and license renewal, shall be prescribed and provided by the Department of Justice. The City, shall deny an application for the license if the applicant has been convicted of an attempt to receive stolen property or any other offense involving stolen property. The City shall issue or deny such license within sixty days from the date it is filed in his office. If the City grants such a license, its terms shall be for one calendar year from date of issuance. In making its determination, the City shall consider among other factors: 1. All convictions, the reasons therefor, and the conduct of the applicant subsequent to his release; and 2. The license or permit history of the applicant; whether such person in previously operating as a wrecking yard or junk dealer in the City or another City, County or State under a license has had such a license revoked and suspended, the reasons therefor, and the conduct of the applicant subsequent to such suspension or revocation. 5.56.040 Permit--Denial--Appeal procedure. Within five days after receiving notification by certified mail that his application for a license or a renewal license to operate the business of wrecking yard or junk dealer under this Chapter has been denied, any applicant may file with the City Clerk a written statement, addressed to the City Council of the City, requesting a public hearing on the application before the Council, and stating therein written exceptions to the findings of fact upon which the denial of the 38 application was based. Applicants who have been denied a Iicens~ bec~use of a conviction for attempting to receive stolen property or any other offense involving stolen property should be informed of their right to rev~ew ~heir criminal history re?ord in accordance with the provisions of Article 5, California Penal Code, governing the examination of records. Upon the filing of such statement, the Council shall fix a time, date and place for a public hearing thereon and shall notify the applicant thereof. The hearing shall be held at a regular meeting of the Council not later than thirty days from the date on which the written statement was filed with the City Clerk. At the hearing, the applicant may present evidence in support of his application and exceptions. The burden of proof shall be on the applicant. The Council, by resolution, shall, not later than fifteen days after the conclusion of the hearing make findings of fact and either deny or grant the application for a license, subject to any reasonable conditions thereto as it deems appropriate. The Council, in said resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions to the original findings of fact upon the application. A copy of said resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. 5.56.050 Permit--Revocation--Grounds. Any license issued under the provisions of this Chapter shall be subject to revocation by the licensing authority and the licensee's activities as a wrecking yard or junk dealer shall be subject to being enjoined pursuant to Section 21646 of the Business and Professions Code for breach of any of the following conditions: A. If business is carried on in building or buildings other than those designated in the license; B. If the license or a copy thereof, certified by the licensing authority, is not displayed on the premises where it can easily be seen; C. If the licensee engages in the business of wrecking yard or junk dealer, as defined in section 5.56.010, with any minor; D. If the licensee engages in any act which is in violation of the Chapter; E. If the licensee is convicted of any attempt to receive stolen property or any other offense involving stolen property. 5.56.060 Requirements--Duties. Provisions Supplemental to Business License Regulations. The provisions of this Chapter are intended to augment and be in addition to the provisions of Chapter 5.04 of Title V of the Code, providing for business license tax. Whenever the provisions of this Chapter impose a greater restriction upon persons, premises or practices than is imposed by the general business license regulations, the provisions of this Chapter shall control. 5.56.070 False Statements. It is unlawful for any person to sign or give a fictitious name or address upon the sale of any goods, wares, merchandise or thing of value under this Chapter or to use a fictitious name in the report required to be made pursuant to this Chapter. 5.56.080 Prohibitions. A. Holding Period. No wrecking yard or junk dealer shall sell or otherwise dispose of any article within three days after such article has been received or purchased; B. Hours. No wrecking yard or junk dealer shall operate between the hours of 9:00 p.m. and 6:00 a.m. of any day; C. Hold Order by Law Enforcement. A law enforcement officer may place a hold on property acquired by a wrecking yard or junk dealer in the course of his business for an additional period of thirty days to run subsequently to the hold period provided for in subsection A of Section 5.56.080, and upon release of such property, may require such wrecking yard or junk dealer to keep a record of the disposition of such property. It is unlawful for any person to dispose of any property contrary to any hold order issued by a police officer. 5.56.090 Violations--Penalty. In addition to the penalties provided in this Code, the license previously issued shall be void and shall be revoked by the City of any of the 39 violations as specified in Section 5.56.050. There shall be no changes to Chapter 5.60 regarding Outdoor Festivals. SECTION 18. BILLIARD HALLS AND POOLROOMS. 5.64.010 Definitions. As they are used in this Chapter, the following words have the definitions set forth in this section: A. "Billiard hall" or "pool hall" as used in this Chapter means any place at which four or more billiard or pool tables are provided. B. "Billiard table" means any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue and upon which all forms of games including those known as "carom", "billiards", "pocket billiards", "3-cushion billiards", and "English billiards" are played and all other games played on a billiard, pool, or snooker table, which also include the games known as "15-ball pool", "8-ball pool", "bottle pool", "pea-pool" and all other games played on a so-called billiard table and also all games played on a so-called "pigeon hole" table. C. "Person", wherever used in this Chapter, means every natural person, partnership, corporation, association, company, organization, or manager, agent, servant, officer or employee of any of them. 5.64.020 License--Required. No person or persons, firms, association, corporation, club or organization shall maintain, operate, conduct or pursue the business or occupation of keeping any billiard hall within the City without a license as provided in this Chapter. 5.64.030 License--Application. An application for a license shall be filed with the City on forms to be furnished thereby, upon which forms shall be included the following information: A. The name and address of applicant; B. In the case of a partnership, it should state the names and addresses of all partners; C. In the case of a corporation, it should state the name and address of all officers, directors and stockholders presently holding stock and all who have for six months prior to the making of said application been officers, directors or stockholders; D. In the case of clubs, associations or other organizations, it should state the names and addresses of all officers. E. The location of the premises to be licensed and the name and address of the owner or owners of said premises; F. The number of billiard tables to be located upon the premises to be licensed; G. A statement as to whether the applicant has ever been convicted of any crime or misdemeanor other than minor traffic violations, and if so, the nature of the offense and the place of trial or conviction; H. The fingerprints and photograph of the applicant and all persons named in the application; I. Whatever other information deemed necessary by the City Council to determine the fitness of the applicant. 5.64.040 Investigation fee. The applicant for a permit under this Chapter shall pay an investigation fee of not less than fifty-two dollars. Thereupon the City shall forward a completed copy of the application to the chief law enforcement officer. 5.64.050 Employees--Investigation. A. The applicant for the license shall file with the City a sworn list of all persons to be employed by said applicant giving the name, address, age, and information relative to convictions required by this Chapter. The chief law enforcement officer shall cause an investigation to be made concerning the qualifications of the proposed employee as required of a licensee of a billiard hall under this Chapter and shall submit his findings to the City in like manner. After a license has been issued, the licensee shall obtain authorization for the employment of any person whom he intends to employ and who has 40 not been previously so authorized for employment in like manner as pro~ided for new applications, except that a fee as set by resolution for each such prospective employ~e shall be paid at the time of application. Said authorization shall be made by the City Counci I. B. It is unlawful for any person to serve as an employee in or during the hours of operation as such or for the licensee to employ any person to serve as such during working hours without the authorization required in this Chapter. 5.64.060 Applicant--Investigation. The chief law enforcement officer shall cause to be made an investigation of all persons named in an application for a license and report his findings to the City. The license shall not be issued if the applicant or any partner or the principal officer or any stockholder holding more than twenty percent of the capital stock of the corporation (if the applicant is a corporation): A. Has been convicted of a felony or has been convicted of a misdemeanor involving moral turpitude; B. Was the owner, part owner, principal officer or stockholder of any billiard hall in the City or elsewhere the license for which was revoked within the previous five (5) years; C. Is under twenty-one years of age. 5.64.070 Application--Approval. All licenses provided for in this Chapter shall be issued only after the report of the chief law enforcement officer has been adopted and approved by the City Council and only after the payment of the license fee as set by resolution. All such licenses shall be valid for one year from the date of issue, unless sooner revoked. Such license shall bear the date of issue, the name of the licensee, the purpose for which issued and the location of the room or building wherein the licensee is authorized to carry on and conduct such business. 5.64.080 License--Transfer. Such license shall not be transferable by the holder to any other person, persons, firm, or corporation, but such license may be transferred by the holder to another location; provided, that the licensee shall make written application for such transfer to the City and such transfer is approved by the City Council. A transfer fee and process fee as set by resolution shall also be paid by the applicant at the time of application. 5.64.090 License--Change of ownership. A license issued to a partnership shall not be voided by withdrawal of a partner so long as one of the original partners remains, but if a new partner becomes a member, a new license shall be required unless he already holds a license. A license issued to a corporation shall be voided if an unqualified person becomes a principal officer or stockholder owning twenty percent or more of the capital stock in the corporation. All changes in the membership of the partnership or all changes in the identity of the principal officers or stockholders owning twenty percent or more of the capital stock of a corporation shall be reported to the City within ten days after they occur. - 5.64.100 Application--Denial. The application for a license may be denied as to a particular location within the City whenever the City Council finds that the location and physical layout of the premises are such and the layout characteristics are such that it is detrimental to the health, safety and general welfare of the public to permit the operation of a billiard hall in that particular location. Said denial shall be made upon written findings of fact which may include but are not limited to the following: A. That the granting of a license will have a substantial adverse effect upon the public health of the persons living in the immediate neighborhood; B. That the granting of a license will have a substantial adverse effect upon the safety of the persons living in the immediate neighborhood; C. That the granting of a license will cause a substantial depreciation in the value of the property in the immediate neighborhood; D. That the granting of a license will have a substantial adverse effect upon the convenience and prosperity of the immediate neighborhood; E. That the granting of a license will constitute a public or private nuisance; 41 F. That the granting of a license is not in the best interest of the community in that it is not compatible to good planning and development of the area. No license shall be issued for the operation of any billiard room which is located within two hundred feet of any school, church, or publicly owned building, such measurement being made by the shortest distance between the lots on which the structures are located. - 5.64.110 Minor--Entering, remaining on premises. Except as provided in this Chapter, any person under the age of eighteen years who enters, visits or remains in any billiard parlor or poolroom as defined in this Chapter, unless said minor is in the company and under the charge of his parents, guardian or other adult person having the legal custody, care and control of such minor, is guilty of a misdemeanor. 5.64.120 Minor--Permitting to enter, remain on premises. Except as provided in section 5.64.130, any person under the age of eighteen years who enters, visits or remains in any billiard parlor or poolroom as defined in section 5.64.010, who suffers, allows or permits any person under the age of eighteen years to be, or remain in, enter or visit such billiard parlor or poolroom, unless said minor is in the company and under the charge of his parent, guardian or other adult person having the legal custody, care and control of such minor, is guilty of a misdemeanor. 5.64.130 Minor--Exceptions to prohibitions. Sections 5.64.110 and 5.64.120 shall not apply to any persons who have attained their fourteenth birthday; provided it is not between the hours of ten p.m. and sunrise of the following day and the billiard room where said persons are found meets the following qualifications: A. No alcoholic beverages shall be allowed in, sold, given away, or in any other manner purveyed on the premises of said billiard hall or on any premises connected to said billiard hall by a doorway, archway or any other opening not permanently sealed. B. Such billiard hall is substantially open to public view from the outside of the building in which such a billiard hall is located. - 5.64.140 License--Revocation. A. The City Council may suspend or revoke the license of any licensee after hearing on anyone or more of the following grounds: 1. Violation of any laws of the state upon the licensed premises by the licensee, its agents, servants, employees or representatives; 2. Violation of any ordinance of the City upon the licensed premises by the licensee, its agents, servants, employees or representatives; 3. If said license was procured by fraudulent conduct or false statement of the material facts or if a fact concerning applicant was not disclosed at the time of filing where such fact would have constituted just cause for refusing to issue such license; 4. Permitting or suffering any activity on the licensed premises which may be detrimental to the welfare, safety or health of the public. B. In all such cases, written notice of the charge or charges and time and place of hearing shall be served on the licensee either in person or by certified registered mail addressed to the licensed premises. No revocation or suspension shall occur unless the licensee has been notified or a reasonable attempt to so notify the licensee has been made by the proper authorities, and the licensee is unable to be found. C. In the event any license is suspended or revoked, the licensee shall not be permitted the return of any portion of the license fee. D. Any premises which is declared to be unsafe by the written report of the building inspector or a fire hazard by the written report of the fire chief is ineligible for a license and any license issued therefor may be revoked. 5.64.150 License--Posting. There shall be conspicuously posted and displayed in any premises licensed under this Chapter: A. The license issued pursuant to this Chapter; B. Not less than one sign giving notice that no person under the age of eighteen years is permitted on the licensed premises unless said premises qualify under section 42 - 5.64.130, and in that event not less than one sign giving notice that no person under the age of fourteen years is permitted unless accompanied by his pa~ent, guardian or other adult person having the legal custody, care and control of such minor. 5.64.160 Betting or gambling--Prohibited. No person while in a billiard hall shall gamble or make any bet. 5.64.170 License--Additional. Any person, firm or corporation licensed to operate a billiard hall pursuant to the provisions of this Chapter shall, in addition, be required to have a business license as provided for in Chapter 5.08.020. 5.64.180 Closing hours. All pool halls within the City shall be closed between the hours of two a.m. and six a.m. of every day. SECTION 19. PUBLIC DANCES. 5.68.010 Definitions. For the purpose of this Chapter, certain words and phrases shall be construed as set forth in this section: A. "Dinner-dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. B. "Private dance" means a dance which is limited to those persons individually invited to which no admittance charge is made, or a dance conducted by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic, literary or dancing purposes, having an established membership, and which holds meetings other than such dances at regular stated intervals, when proceeds, if any, arising from such dances, are used for the purposes of such club, society or association. C. "Public dance" means any dance open to the public for an admittance fee or charge which is held on one day only. D. "Public dance hall" means a place where dancing is regularly conducted as a business, whether for profit or not for profit, and to which the public is admitted, whether with or without charge, and where the public is allowed to participate in said dancing either with or without charge. 5.68.020 Permit--Required. No person shall conduct any public dancehall, public dance, or dinner-dancing place in the City unless said person shall obtain a permit so to do as provided in this Chapter: Any person conducting a private dance shall be required to file an application for permit forty-eight hours prior to the event; however, said person shall not be required to pay the prescribed fee. 5.68.030 Hours when prohibited. It is unlawful for any person, association or persons, corporation, or company to conduct or assist in conducting any public dance, or operate any dance hall or dancing club in the City between the hours of two a.m. and six a. m. on any day of the week. 5.68.040 Permit--Application. Applicants for permits under this Chapter shall file a written, signed and acknowledged application with the director of finance showing: A. The name and permanent address of applicant; B. The date, hours and location where said dance or dancing is proposed, and the admission fee, if any, to be charged; C. The name or names of the person or persons having the management or supervision of applicant's business; D. The length of residence of applicant within the City; E. A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such dancing; F. Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime; the nature of such offense; and the sentence received therefor; G. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Council 43 may deem necessary. 5.68.050 Permit--Transferability--Revocation. Such permit shall not be transferable to another permittee or to another location without the consent of the Council, and shall be posted in a conspicuous place at the location where the dance is held, and shall be revocable for cause by the City. 5.68.060 Attendance of police officer. The City is empowered to require a police officer to be in attendance during said public dance or may waive said requirement. In the event that the attendance of a police officer is required, as herein provided, the applicant for said public dance shall pay such fee as may be established and said payments shall be made to the City. 5.68.070 Permit--Fee. A permit fee, as set by resolution, shall be collected by the City for each permit issued under the terms of this Chapter in addition to the amount deposited to defray the expense of a police officer to be in attendance. Each permit shall bear the date, hours and address of such dance, and will not be issued for more than one dance. There shall be no changes to Chapter 5.72 regarding Rummage Sales. There shall be no changes to Chapter 5.73 regarding Special Events. SECTION 20. YARD, GARAGE AND HOUSE SALES. 5.76.010 Yard sale defined. Yard sale, including patio or garage sales, shall mean the sale of personal property in, at, or upon any residentially zoned property by the occupant(s) and is limited to the sale of common household goods such as clothing, interior furnishings, small appliances, toys and other similar items. _ 5.76.020 Exemptions. The provisions of this Chapter shall not apply to sales conducted pursuant to process or order of any court of competent jurisdiction. 5.76.030 Frequency and time. An individual seller, household, home address group, or family shall be permitted no more than two yard sales per calendar year. The length of time per yard sale shall not exceed three consecutive days and shall be held at least four months apart. Sales shall be conducted only between the hours of eight a.m. to eight p.m. Charitable, religious and civic organizations shall be exempt from the provisions of this section. 5.76.040 Display. All merchandise offered for sale shall be arranged so that fire, police, health and other officials may have access for inspection at all times during the sale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks or streets or right-of-way. 5.76.050 Signs. One sign with an area not greater than four square feet in area, may be posted on the property where the yard sale occurs, during the hours of the sale only. The sign must be removed at the conclusion of the sale. No other signs are permitted, including signs on public property. 5.76.060 Permit--Required. It shall be unlawful to conduct a yard sale, as defined in this Chapter without a City Yard Sale Permit. Upon application, the City shall issue a nontransferable permit for the specified location. 5.76.070 Permit--Denial--Revocation. Any permit issued pursuant to this Chapter may be revoked or any application for issuance of a permit may be refused if the application for the permit contains any false, misleading or fraudulent statement. Any individual violating the provisions of this Chapter shall suffer cancellation of any existing permit and shall not be issued another permit for a period of two years from the time of 44 cancellation. THIS ORDINANCE SHALL TAKE EFFECT AS APPROVED BY LAW. INTRODUCED AND PASSED UPON FIRST READING this 11 th day of July , 1995, upon the following roll call vote: AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25thday of July . 1995, upon the following roll call vote: AYES: NOES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI - ABSTAIN: COUNCILMEMBE L NONE , . ~,"L~J VICKI L. KASAD, CITY CLE K APPROVED AS TO FORM AND LEGALITY: - 45 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read by title only for adoption on July 11, 1995, and passed on July 25, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ~( ABSTAIN: ((1 C)! I VI~S~CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: NONE ( SEAL) - I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1001 of said Council, and that the same has not been ,amended or repealed. DATED: July 26, 1995 ~w ICKI KASAD, CITY CLERK CIty'Y OF I.AKE ELSINORE ( SEAL) -