[Added by Ord. #1342; Ord. #856, §§ 6100 —
6100.42; Ord. #933; Ord. #990; Ord. #1018; Ord. #1086; Ord. #1361;
Ord. #1391; Ord. #1732, § 4; Ord. #2243, § 1]
As used in this Chapter:
Shall mean and include:
Operating any shop for the purpose of manufacturing or painting
of show cards of any kind whatsoever.
Affixing or displaying bills, cards, signs or other advertising
matter in or upon trucks, wagons, trailers, or other vehicles, using
the public street. Provided, nothing in this section shall be construed
as applying to any sign or advertisement advertising the person owning
the trucks, wagons, trailers, or other vehicles, provided the trucks,
wagons, trailers or other vehicles are used primarily in the conduct
of the business of said person.
Installing or maintaining flags, banners or other decorative
advertising displays over or upon any street or other public place.
Shall mean and include 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.
Shall mean and include 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 licensee engaged in the performance
of their duties as employees or agents of such licensee; provided,
the employees or agents carry upon their persons at all times while
engaged in such business an identification card furnished by the licensee,
endorsed by the License Collector.
Shall mean and include every person operating the business
of advertising by posting, sticking, tacking, affixing or painting
bills or signs to or upon posts, fences, buildings or other structures,
except billboards or advertising sign boards; provided, that nothing
in this section contained shall be construed to affect or apply to
any person who shall be liable for and who shall pay a license under
any provisions of this Chapter and who shall post, stick, tack, affix
upon or erect any such signs on the premises or buildings occupied
and used in the business of that person and which sign advertises
the goods of the business of the person only.
Shall mean and include carrying on the business of advertising
by means of a searchlight, stereoscope, biograph, moving picture or
any similar device; provided that nothing in this section contained
shall be construed to affect or apply to any person who shall be liable
for and shall pay the license under any provision of this Chapter,
and who shall use a stereoscope, biograph or moving picture or any
similar device for the purpose of advertising goods, wares, or merchandise
of the business of that person only.
Shall mean and include every person operating the business
of advertising by means of any vehicle containing amplifiers, phonograph,
loud speaker, microphone, broadcasting radio, or a device for public
address, or carrying advertising signs, and which is used for announcing
or advertising upon the public streets or public grounds in the City.
Shall mean a fixed place of business where any goods, wares
or merchandise are sold or offered for sale or trade by public outcry
or public auction, five or more days each year.
Shall mean and include any person who buys any motor vehicle
as the term "motor vehicle" is defined in the California State Vehicle
Code, for the purpose of dismantling or disassembling, or who dismantles
or disassembles any such motor vehicle whether for the purpose of
dealing in the parts thereof or using the same for the purpose of
reconditioning any other vehicle, or for the purpose of selling or
otherwise dealing in the materials of such vehicle or vehicles.
Business includes every person engaged in the business of
selling any goods, advertised or designated as sheriff's, assignee's
creditor's, bankrupt's, consignee's, trustee's, receiver's, or special
sale of damaged goods, damaged by fire, water or otherwise.
Provided, however, that this section shall not apply to sale
of goods which are actually in good faith in the possession of the
sheriff or trustee in bankruptcy or in possession of any court of
the state or of the United States; or the goods belonging to an established
business, paying a license, which have been damaged within the City
and which are being disposed of in good faith by the person engaged
in said business to close out the same.
Except that such sales provided in this section shall be
certified to by the City License Collector that such sale is a bona
fide sale held by an established licensee to conduct such business
in the City and provided further that an inventory of merchandise
to be sold at such sale shall be furnished the City License Collector
and the Chief of Police and provided further that permission to hold
such sale shall not include the right to increase the stock of merchandise
or inventory after the sale has been publicly advertised.
Shall mean and include every person engaged in the business
of giving beauty treatments, massage, manicuring, shampooing, or hairdressing,
or removing or eradicating surplus hair, moles, warts, or other facial
blemishes, by going from house to house or place to place, and if
such person be connected with or be operating from an established
shop or place of business in the City the license fee specified shall
be in addition to any and all fees required of the owner or operator
of such shop.
Shall mean and include operating a manicuring, shampooing,
hairdressing, facial massage, or beauty parlor, or any establishment
where surplus hair, moles or other facial blemishes are removed or
eradicated.
Shall mean and include "professions," "trades," and "occupations,"
and all and every kind of calling carried on for profit or livelihood.
Shall mean and include, but shall not be limited to commission
merchants, brokers, hotels containing eight or more guest rooms and
intended for occupancy by eight or more guests whether rent is paid
in money, goods, labor, or otherwise; and motels including but not
limited to any structure which is occupied or intended for occupancy
by persons for limited periods of time.
Shall not apply to any person engaged in any of the professions
or occupations hereinabove enumerated, solely as an employee of any
other person conducting, managing or carrying on any such business
in the City.
Shall mean any fair, festival, or like activity of a temporary
nature having a collection of games, rides, booths, or concessions.
Shall mean and include any tent or canvas enclosure wherein
are exhibited any feats of horsemanship, trained animals, clowns,
acrobats, trapeze performances, or such other forms of skill or amusement
as are commonly given in rings and combinations of entertainments.
Shall mean and include every person, regularly licensed under
this Chapter for the conduct of any business, who rents or leases
floor space or a concession to one or more persons in his regular
place of business on a cash rental or commission basis, or otherwise.
Shall mean a person who, for a fixed sum, price, fee, percentage,
or other compensation other than wages, undertakes with another for
the construction, alteration, repair, addition to, or improvement
of any building or other structure, project, development, or improvement.
"Contractor" shall include "subcontractor" but shall not include anyone
who merely furnishes materials or supplies without fabricating the
same, or consuming the same, in the performance of the work of the
contractor.
Shall mean all persons engaged in the operation or conduct
of any business, whether as owner, any member of the owner's family,
partner, agent, manager, or solicitor, and any and all other persons
employed or working in such business.
Shall mean and include operating the business or art of astrology,
palmistry, phrenology, life reading, fortune-telling, cartomancy,
clairvoyance, clairaudience, crystal gazing, hypnotism, mesmerism,
mediumship, prophecy, augury, divination, magic necromancy, or any
occult science and who demands or receives a fee for the practice
or exhibition of his business or art, or who practices or gives an
exhibition of his business free, or who practices or gives an exhibition
of his business as a bonus, prize, or free with the sale of any book
or other article, or who gives an exhibition thereof at any place
where any admission is charged or received.
Shall mean and include every person advertising by oral word,
sign, circular, handbill, newspaper, periodical, magazine, or other
publication, or by any other means whatsoever, fortune-telling or
furnishing any information not otherwise obtainable by the ordinary
processes of knowledge, for or without pay, by means of any occult
or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy,
psychology, psychometry, phrenology, spirits, mediumship, seership,
prophecy, augury, astrology, palmistry, necromancy, mind reading,
telepath, or other crafty art, science, cards, talismans, charms,
substances, gypsy cunning or foresight, crystal gazing, oriental mysteries,
or magic of any kind or nature.
Shall mean and include the selling or delivering of kerosene,
gasoline, benzene, energine, distillate, stove distillate, furnace
distillate, or any other petroleum product by means of a tank wagon,
tank truck, or other vehicle.
Shall mean and include every person who sells upon the public
streets, from any vehicle commonly known as a traveling grocery store
or bus, a general line of groceries or other articles usually carried
for sale in grocery stores but shall not include any person peddling
fruits, vegetables, poultry, butter, eggs, or other farm produce grown,
raised, or produced by himself or by any person whose fees for peddling
are otherwise specifically provided for in this Chapter.
Shall mean the gross receipts of the calendar year and is
defined as the total amount of the sales price of all sales or the
total amount charged or received for the performance of any act, service,
or employment of whatever nature it may be, whether such service,
act, or employment is done as a part of, or in connection with, the
sale of goods or not, for which a charge is made or credit allowed,
including all receipts, cash credits and property of any kind or nature,
any amount for which credit is allowed by the seller to the purchaser
without any deduction therefrom on account of the cost of the property
sold, the cost of the materials used, labor or service costs, interest
paid or payable, losses or other expenses whatsoever; provided, that
cash discounts allowed or taken on sales shall not be included, and
this Chapter shall not be construed to impose any tax upon any business
or transaction which the City is not authorized to license or tax
under any law of the state or of the United States. Any tax required
by law to be included in or added to the purchase price and collected
from the consumer or purchaser, and such part of the sales price of
any property previously sold returned by the purchaser to the seller
which is refunded by the seller by way of cash or credit allowances
given or taken as part payment on any property so accepted for resale,
shall be deducted for the purpose of determining the gross receipts
hereunder.
Shall mean a vehicle used to transport the sick and infirm
from place to place, but which vehicle is not an emergency vehicle.
Shall mean any person who engages in a temporary business
for the sale of goods and who for such purpose hires or occupies any
building or structure or portion thereof within the City.
Shall mean and include any person engaged in the business
of selling, either wholesale or retail or storing on premises any
rags, sacks, bottles, cans, papers, metals, or any articles of junk.
Shall mean a place where clothes, wearing apparel, household
linen, or other similar articles are washed or ironed, or both washed
and ironed, for a fee or compensation.
Shall mean a plant operated for the purpose of leasing, renting,
or otherwise furnishing clean or laundered table linens, towels, aprons,
jackets, overalls, wiping rags, and articles of like nature for a
fee.
Shall mean and include every person carrying on the business
of loaning money upon personal security, upon evidence of debt, assignments
of salary, salary warrants, salary demands, or any personal property,
or purchasing for himself or for any other person, commercial paper,
evidence of debts, assignment of salary, salary warrants, salary demands,
time checks or other evidence of salaries due, or to become due.
Nothing in this section contained shall be deemed or construed
to apply to the holder of a bond broker's license, or to any person
conducting a banking business under the laws of the state.
Shall mean and include any private service or private system
which purports to furnish or does furnish to members or subscribers,
any watchman or guard, either uniformed or otherwise, to patrol any
part of the City or to guard or watch any property, including guarding
against theft, fire, or both, or to perform any service usually and
customarily performed by the Chief of Police in his capacity as a
peace officer.
It does not include the guarding of property of a single
owner while such property is not open to public by one or more individuals
whose entire salary or wage is paid by such owner, irrespective of
whether such salary or wage be paid direct to the individuals performing
such guard duty or to another, or service of any nature performed
by an employee whose main or principal duty is not that of guarding
or protecting property.
Shall mean an individual engaged in the act of guarding property
as the owner, member, or employee of a period system.
Shall mean and include every person traveling from place
to place operating the business of a peddler of food or beverages,
flags, banners, balloons, canes, horns, trumpets, musical or noisemaking
instruments of any kind, toys, badges, buttons, or souvenirs of any
kind. The license referred to in this section shall not entitle the
licensee to operate in the Central Business District of the City.
Operation shall be limited to licensed sporting events, parades, fairs,
circuses, and other similar licensed public entertainment events.
Shall mean the transportation of persons by motor bus or
other motor vehicle over a specified route upon the public streets,
irrespective of whether such route lies wholly within the City or
has its point of origin and destination wholly within or without the
City.
Shall mean, unless otherwise specified, any wagon, cart,
or similar wheeled container, which is not a "vehicle" as defined
in the Vehicle Code of the State of California, from which food, beverage
or non-food products are offered for sale to the public.
Shall mean a person who, for compensation, sells or offers
for sale, buys or offers to buy, lists or solicits for prospective
purchasers, or negotiates the purchase or sale of real estate, or
solicits prospective purchasers of real estate, or negotiates loans
on real estate, or leases, or negotiates the sale, purchase, or exchange
of leases, or offers to lease, rent, or place for rent any real estate
or improvement thereon.
Shall mean a natural person who, for compensation, is employed
by a licensed real estate broker to sell, or offer for sale, or to
list, or to buy, or to offer to buy, or to negotiate the purchase
or sale or exchange of real estate, or to solicit prospective purchasers
of real estate, or to negotiate a loan on real estate, or to lease
or negotiate the sale, purchase, or exchange of leases, or offer to
lease, rent, or place for rent any real estate, or improvement thereon.
Shall mean and include any person who engages in the business
of going from house to house and place to place, or at or along the
streets, selling or taking orders for, or offering to sell or take
orders for, goods or other things of value for future delivery or
for services to be performed in the future.
Shall mean the act or practice of carrying on, on a single
location or premises, the exchange, barter, trade, sale, or purchase
of personal property among or between 25 or more persons, not otherwise
licensed to do business in the City, less frequently than six times
per week.
Shall mean that person or group of persons who organizes
or administers any swap meet.
Shall mean that person or group of persons who sets up a
table or booth or establishes any location within swap meet premises
to exchange, sell, or purchase goods.
Shall mean and include a moving picture theater or drive-in
theater where moving or motion pictures or legitimate theater or vaudeville
shows are exhibited and a fee is charged, collected, or received.
For the purpose of licensing drive-in theaters, seating capacity
shall be calculated on the basis of 2 1/2 seats per automobile
space provided in such theaters.
Shall mean every device in, upon, or by which any person
or property is or may be transported or drawn upon a public highway,
except devices moved by human power or used exclusively upon stationary
rails or tracks.
Shall mean, unless otherwise specified, selling, or offering
to sell, any food, beverage or non-food products of any kind from
any vehicle, motor vehicle, transporting mechanism (motorized or nonmotorized),
stationary mechanism (e.g., stand or booth), portable box, bag or
similar container.
Shall mean and include each board, set of numbers, alley,
wheel, or any individual device whereby a player manipulates the game,
device, machine, or other instrument, and each thereof shall be deemed
a separate device, machine, or instrument requiring an additional
license fee.
Shall mean, unless otherwise specified, any vehicle, as that
term is defined in the California Vehicle Code, which is equipped
or primarily used for the selling or offering to sell of any type
of food, beverage or non-food products directly to any consumer. Vending
vehicle includes, but is not limited to, catering trucks, ice cream
trucks, and mobile vendors of stationary dining establishments, but
shall not include a vehicle that only delivers food, beverage or non-food
products ordered by home delivery customers.
Shall mean, unless otherwise specified, any person who vends
or engages in the act of vending.
[Ord. #856, § 6101]
No person shall commence or carry on any business in the City
without first having procured a license from the City so to do or
without complying with any and all regulations of such business contained
in this Chapter; and the carrying on of any business without first
having procured a license from the City so to do, or without complying
with any and all regulations of such business contained in this Chapter,
shall constitute a separate violation of this Chapter for each and
every day such trade, calling, profession, or occupation is so carried
on.
[Ord. #856, § 6102]
No license issued under the provisions of this Chapter shall
be construed as authorizing the conduct of, or continuance of, any
illegal or unlawful business.
[Ord. #856, § 6103]
Any sum required to be paid under this Chapter shall be deemed
a debt to the City, and any person who engages in any business required
to be licensed without obtaining a license so to do shall be liable
to an action by and in the name of the City in any court of competent
jurisdiction for the recovery of any such amount.
[Ord. #856, § 6104; Ord. #1242]
Each license issued pursuant to the provisions of this Chapter
shall state upon the face thereof the following:
a.
The person to whom the license is issued;
b.
The kind of business licensed thereby;
c.
The location of such business; and
d.
The date of expiration of such license.
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In no case shall any mistake of the License Collector in stating
the amount of a license prevent or prejudice the collection by the
City of what should be actually due from any person carrying on a
business subject to a license under the provisions of this Chapter.
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[Ord. #856, § 6105; Ord. #1018; Ord. #1824, #1,
A]
To every license mentioned or provided for in this Chapter remaining
unpaid 30 days following its date of expiration, whether it be a monthly,
quarterly, semi-annual or annual license, a penalty of 25% of the
amount of such license shall be added and an additional 10% shall
be added each 30 days thereafter until paid, and the penalty shall
be collected and the payment thereof shall be enforced in the same
manner as other licenses are collected and the payment thereof enforced.
No greater or less amount of money shall be charged or received
from any license than is provided in this Chapter, and no license
shall be sold or issued for any period of time other than is provided
in this Chapter.
Daily license remaining unpaid at the close of 24 hours after
the same becomes due, shall have a penalty of 10% of the amount of
such license added and the penalty shall be collected and the payment
thereof shall be enforced in the same manner as other licenses are
collected and the payment thereof enforced.
Weekly license remaining unpaid at the close of 48 hours after
the same becomes due, shall have a penalty of 10% of the amount of
such license added and the penalty shall be collected and the payment
thereof shall be enforced in the same manner as other licenses are
collected and the payment thereof enforced.
[Ord. #856, § 6106]
No license for any succeeding current or unexpired license period
shall knowingly be issued to any person who at the time of making
application for any license is indebted to the City for any unpaid
license fee; provided that the License Collector, or his duly authorized
deputy, may enter into an agreement with any person indebted to the
City for the non-payment of license fees for any past license period,
agreeing with such person that such person may pay delinquent license
fees for any past license period in equal installments extending over
a period not to exceed one year. In such agreement such debtor shall
acknowledge its debt to the City and agree in case default be made
in the payment of any installment agreed to be paid thereunder that
the whole amount agreed to be paid shall become immediately due and
payable and that in case suit be brought to enforce collection of
the amount agreed to be paid under such agreement that the debtor
will pay all costs of suit incurred by the City. In case such agreement
is executed, licenses for any current or ensuing license period may
be issued to any such person paying the fee prescribed for the current
or ensuing license period, together with penalties, if any.
[Ord. #856, § 6107]
No license issued pursuant to this Chapter shall be transferable;
provided that where a license is issued authorizing a person to conduct
business at a particular location, such licensee may upon application
therefor and paying a fee of $1 have the license previously issued
amended so as to authorize the conduct of such business from such
other location.
[Ord. #856, § 6108]
Duplicate license may be issued by the License Collector to
replace any license previously issued which has been lost or destroyed,
upon applicant therefor filing an affidavit attesting to such fact,
and at the time of filing such affidavit paying to the License Collector
a fee of $1 therefor.
[Ord. #856, §§ 6109 — 6109.1]
Except as otherwise specifically provided by the provisions
of this Chapter, all licenses shall be kept and posted in the following
manner:
a.
Subject to other provisions of this Chapter, any licensee engaged
in business at a fixed place of business shall keep the license issued
posted in a conspicuous place upon the premises where such business
is conducted.
b.
Any person engaged in business in the City, but not operating from
a fixed place of business, shall keep the license issued to him upon
his person at all times while engaged in such business.
c.
License Holders Required for Vehicles. Each person driving, operating
or having control of any wagon, cart or other vehicle or using or
controlling any tray, basket or other receptacle for which a license
is required under the provisions of this Chapter, shall procure a
device, herein designated as a license holder, which shall be of such
size that the ordinary license issued under the provisions of this
Chapter may be inserted and held therein under a transparent face.
Such license holder shall be firmly attached to and the license or
tag carried therein on the outside rear end of the wagon or vehicle
in such manner that the license inserted therein shall be plainly
visible whether the vehicle is in motion or not and whether the receptacle
is being carried or is stationary.
When a license holder is required by the provisions of this
Chapter to be attached to any wagon, cart, tray, basket or other vehicle
or receptacle, the current license for such wagon, cart, tray, basket
or other vehicle, or receptacle, shall be inserted and kept in such
license holder at all times during the term of the license as specified
therein and while the person to whom the same is issued shall continue
to carry on such business.
d.
Expiration of License. No person shall place or keep any license
in such license holder longer than 30 days after the expiration of
the term for which such license is issued and no person, except the
licensee, or his authorized agent, shall take or remove from any such
license holder any license therein contained.
e.
License Affixed to Machine. Whenever in this Chapter a license tag
is required and issued to the licensee, the same shall be affixed
to the machine, object or article for which the license was issued.
[Ord. #856, § 6110; Ord. #1732, § 4]
It shall be the duty of the License Collector, and he is hereby
directed, to enforce each and all of the provisions of this chapter
and of any other Chapter of this Code requiring the payment of any
license fee, and the Chief of Police shall render such assistance
in the enforcement of this Chapter as may be required by the License
Collector and the Council.
The License Collector in the exercise of the duties imposed
upon him, and acting through his deputies or duly authorized employees,
shall examine all places of business in the City to ascertain whether
or not the provisions of this Chapter have been complied with.
The License Collector and his deputies and duly authorized employees
shall have the power to examine all necessary books and records of
all persons doing business in the City required to be licensed by
the terms of this Chapter, for the purpose of ascertaining the amount
of license fee required to be paid by the provisions hereof. The officer
and each and all of his deputies and duly authorized employees shall
have the power and authority to enter, free of charge, and at any
reasonable time, any place of business required to be licensed by
the provisions of this Chapter, demand an exhibition of such license.
Any person having any such license theretofore issued in his possession
or under his control, who fails to exhibit the same on demand, shall
be guilty of a violation of this Code. It shall be the duty of the
License Collector and each of his deputies to cause a complaint to
be filed against any and all persons found to be a violator of any
of the provisions of this Chapter.
a.
Accountant May Be Deputized. For the purpose of the enforcement of
this Chapter, the License Collector may with the prior consent of
the Council deputize a qualified accountant to examine the necessary
books and records of any person doing business in the City. Any failure
on the part of any person licensed under this Chapter to exhibit to
and allow examination by an accountant so deputized shall constitute
a violation of this Code.
The conviction and imprisonment of any person for engaging in
any business without first obtaining a license to conduct such business
shall not relieve such person from paying the license fee to conduct
such business, nor shall the payment of any license fee prevent a
criminal prosecution for the violation of any of the provisions of
this Chapter. All remedies prescribed by the provisions of this Chapter
shall be cumulative, and the use of one or more remedies by the City
shall not bar the use of any other remedy for the purpose of enforcing
the prosecution of violations of this Chapter.
b.
Illegally Sold Merchandise Confiscated. When a peddler is selling
illegally in the City he will be cited and his merchandise confiscated
by the License Inspector. Perishable items will be disposed of. Nonperishable
items will be inventoried and stored pending outcome of Court appearance.
If the Court does not stipulate returning merchandise to peddler,
the merchandise will be included in the auction conducted by the Police
Department.
[Ord. #856, § 6111; Ord. #1206; Ord. #1322; Ord.
#1481]
All license inspectors are hereby vested with the powers of
the License Collector.
[Ord. #856, § 6112; Ord. #990; Ord. #1206]
All public safety members of the Police Department, Building
Inspectors, and Electrical Inspectors are hereby appointed Deputy
License Collectors and, in addition to their several duties to which
they are regularly assigned, are hereby required to examine all places
of business and persons in their respective territories liable to
pay a license and to see that such licenses are taken out; provided,
however, the Chief of Police shall, in addition to the above inspections
provided for, cause a license survey to be made of the entire City
when instructed to do so by the City Manager. Such Deputy License
Collectors shall have and exercise the power:
a.
To make arrests for the violation of any of the provisions of this
Chapter; and
b.
To enter free of charge, at any time, any place of business for which
a license is required by this Chapter and to demand the exhibition
of such license for the current term by any person engaged or employed
in the transaction of such business. If such person shall then and
there fail to exhibit such license, such person shall be liable to
the penalties provided for violations of the provisions of this Chapter.
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It is hereby made the duty of each Deputy License Collector
to cause complaints to be filed against all persons violating any
of the provisions of this Chapter.
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[Ord. #856, § 6113; Ord. #896]
All license fees shall be paid in advance to the License Collector
in lawful money of the United States.
Whenever the amount of any business license to be paid under this Chapter is to be determined in accordance with the provisions of Subsection 9-2.1a17, and there has been no previous business experience of the same kind or character by the person obligated to pay the license fee on which to base the amount of the tax, the License Collector, if in his opinion the gross receipts of such business will exceed $10,000, may require a deposit of an amount which in his opinion will cover the amount of the business license to become due under Subsection 9-2.1. Such deposit shall be applied upon any tax ultimately due under the provisions of this Chapter if the deposit is less than the amount of the tax due. If the deposit is greater than the amount of the tax due, the excess of the deposit over the tax due shall be refunded by the License Collector to the person making the deposit.
[Ord. #856, § 6114]
Separate licenses shall be obtained for each branch establishment
or location of the business engaged in, and each license shall authorize
the licensee to engage only in the business licensed thereby at the
location or in the manner designated in such license; provided, however,
warehouses and distributing plants used in connection with and incidental
to a business licensed pursuant to the provisions of this section
shall not be deemed to be separate places of business or branch establishments.
[Ord. #856, § 6115; Ord. #937]
Except as herein otherwise provided, licenses required hereunder
shall be due and payable at the following times:
a.
Annual licenses on the first day of July of each year, except licenses for those persons or businesses who or which also are licensed by the Contractor's State License Board, pursuant to Chapter 9, Division 3, of the Business and Professions Code of the State of California, which licenses shall be due and payable on the day following the date of their expiration.
b.
Semi-annual licenses on the first day of January and the first day
of July of each year.
c.
Quarterly licenses on the first day of January, April, July and October
of each year.
d.
Monthly licenses on the first day of each and every month.
e.
The weekly licenses in this Article provided shall be due and payable
to the City on Monday of each week in advance.
f.
Daily licenses in advance on each day.
[Ord. #856, § 6116]
No person charged with the enforcement of any of the provisions
of this Chapter shall knowingly accept or receive any sums for any
license which is less than or greater than the amount actually required
to be paid under the provisions of this Chapter.
[Ord. #856, § 6117; Ord. #937]
In all cases where the license fee is based upon the number
of tickets sold, the applicant at the time of applying for license,
and monthly thereafter, shall file with the License Collector a verified
written statement, sworn to before an officer authorized to administer
oaths, showing the number of tickets sold during the preceding month.
When the license fee is based upon the number of persons employed,
the applicant at the time of applying for a license shall file a written
statement showing the average number of persons employed during the
preceding six months. Such written statement shall be made on a form
provided by the License Collector.
Unless otherwise provided for in this Chapter the license period
for licenses hereunder shall be the fiscal year of the City, beginning
July 1 and ending June 30. Subject to the provisions of this Chapter
the license fees required to be paid hereunder shall be due and payable
on July 1 of each year and shall be delinquent 30 days after same
become due. In the event a portion of the license period has lapsed
prior to the application for a license, the amount of the fee payable
shall be apportioned on a quarterly basis and applicant shall pay
3/4, 2/4, or 1/4, as the case may be, of the total annual license
fee.
The license period for all licenses issued to persons or businesses who or which also are licensed by the Contractors State License Board pursuant to Chapter 9, Division 3 of the Business and Professions Code of the State of California, shall be for a calendar year from the date of issuance and the license fee required to be paid hereunder shall be due and payable on the day such license is issued and thereafter on the date following the expiration date of such annual license.
[Ord. #856, § 6117.1]
Where the license fee is based upon the number of persons employed
and applicant has not previously been engaged in business required
to be licensed hereunder in the City, or has been engaged therein
for a period of less than six months immediately preceding his application,
he shall file a written statement setting forth the estimated total
number of persons he intends or expects to employ for the ensuing
six months. Such written statement shall be made on forms provided
by the License Collector and shall be sworn to before an officer authorized
by law to administer oaths. Such persons shall pay annually a license
fee of $12, plus a sum of money equal to $1 per annum per employee
for the estimated number of employees. At the end of said six months
the licensee shall file with the License Collector a statement sworn
to before an officer authorized by law to administer oaths, showing
the average number of persons employed by him for the preceding six
months. If the average number of persons employed exceeds the number
estimated at the time the license was issued, the licensee shall be
required to pay an additional sum equal to $1 for each employee in
excess of the number estimated. If the average number of persons employed
is less than the number estimated at the time the license was issued,
the licensee shall be entitled to receive from the City a refund of
a sum of money equal to $1 for each estimated employee in excess of
the average number employed.
[Ord. #856, § 6117.2]
Any person who fails to file any required statement, or fails
to pay the amount required hereunder within the time fixed by this
Chapter shall be assessed the same penalty provided in this section
for failure to pay a license fee before it shall become delinquent,
which sum shall become a part of the license fee required to be paid
hereunder. No such statement shall be conclusive as to the matters
set forth therein, nor shall the filing of such statement preclude
the City from collecting by appropriate action such sum as is actually
due and payable hereunder. Such statement and each of the several
items therein contained shall be subject to audit and verification
by the License Collector, who is hereby authorized to examine, audit,
and inspect such books and records of any licensee or applicant for
a license as may be necessary in this judgment to ascertain the correct
amount of license due. All licensees, applicants for licenses, and
persons engaged in business are hereby required to permit the examination
of such books or records for such purposes. The information or data
obtained from such examination or audit or from any statements required
hereunder shall be used for the purpose of enforcing the provisions
of this section and for no other purpose.
[Added by Ord. #1468, § 6117.3]
Any person who carries on any business without first obtaining
a license therefor shall pay a penalty of 10% of the prescribed license
fee. An additional 1% of the license fee due shall be added to the
license fee for every three days or fraction thereof that the license
fee is delinquent; provided, however, the total amount of such penalty
to be added shall in no event exceed 50% of the amount due. Such penalty
shall be collected and the Code enforced in the same manner as other
business license fees are collected and payment enforced.
[Ord. #856, § 6118]
The License Collector shall have, in addition to all other powers
conferred upon him, for good cause shown, the power to extend the
time for filing any such statement for a period not to exceed 30 days
and, in such case, to waive any penalty that would have otherwise
accrued, and, with the approval of the Council and the written approval
of the City Attorney, to compromise any claim for a license fee subject
to the provisions of this Chapter.
All moneys collected by the License Collector under this Chapter
for licenses shall be remitted to the City Treasurer daily.
[Ord. #856, § 6119]
If any person fails to file any statement required by this Chapter
within the time prescribed hereby or, after demand therefor made by
the License Collector, fails to file a corrected statement, the License
Collector, with the consent of the Council first obtained, may determine
the amount of the license fee due from such person from such information
as he may be able to obtain and if necessary may estimate the fee
required to be paid hereunder upon the basis of external indices on
hand, capital invested, dividends paid, sales or other taxes paid,
number of people employed, or by considering other facts. In case
such a determination is made, the License Collector shall give a notice
of the amount so assessed by serving the notice personally or by depositing
the notice in the United States Post Office in the City, with postage
prepaid thereon, addressed to the person so assessed at his last known
address. Such person may, within 10 days after the mailing or serving
of such notice, make an application in writing to the License Collector
for a hearing on the amount of the tax. If such application is not
so made within the time prescribed, the assessment shall become final.
After such an application is filed, the License Collector shall cause
the matter to be set for hearing, within 15 days, before the Council.
The Council shall consider all evidence produced and shall make written
findings thereon, and a copy of such findings shall be served upon
the applicant in the manner prescribed in this section for the service
of the notice of assessment. Such findings shall become final at the
expiration of five days after the date of service, within which time
exceptions may be filed by the applicant with the City Clerk. If filed,
the Council shall consider such exceptions and make such modifications
as may be deemed necessary, and thereupon the final assessment shall
be made.
[Ord. #859, § 6119.1 and 2; Ord. #968]
a.
In all cases where the amount of license to be paid by any person
under any provision of this Chapter is based upon the amount of receipts
or sales or of business transactions, or upon the number of wagons
or other vehicles used, or upon the number of chairs in any barber
shop, or upon the number of rooms in any building, such person, before
obtaining a license for his business, shall render to the License
Collector, for his guidance in ascertaining the amount of license
to be paid by such person, a written statement, under penalty of making
a false statement, showing the schedule or bracket of license fee,
as set forth in this Chapter, required to be paid on the total amount
of receipts or sales or of business transactions during the calendar
year next preceding the date of such statement in which such business
falls by virtue of the total amount of receipts or sales or of business
transactions made or done during said calendar year by such business,
or the number of wagons or other vehicles used, or the number of chairs
in such barber shop, or the number of rooms contained in such building;
provided, however, where the quarterly or semiannual license to be
paid under any section of this Chapter is based upon the gross annual
receipts of the business transacted, or the gross annual commissions,
fees, or compensation received or collected, only one such statement
need be filed during any calendar year, which statement shall be filed
at the time the first quarterly or semiannual license is procured,
and the license to be paid during the next preceding quarterly or
semiannual period of the year shall be determined by and based upon
the statement filed at the time the first quarterly or semiannual
license is procured.
b.
No such statement shall be conclusive upon the City, or upon any
officer thereof, as to the matters therein set forth, and the same
shall not prejudice the right of the City to recover any amount that
may be ascertained to be due from such persons in addition to the
amount shown by such statement to be due in case such statement shall
be found to be incorrect.
If any person hereby required to make such statement shall fail
so to do, such person shall be required to pay a license at a maximum
rate herein prescribed for the business carried on by such person
and shall be guilty of a violation of this section and be punishable
therefor as herein provided; provided, however, in any case where
the first license is to be issued for any newly established business,
no statement need be made, at the time such first license is issued,
of the amount of receipts, sales, or business transacted, and the
minimum rate prescribed herein shall be paid at the time such first
license is issued for any such newly established business, the amount
of the license for which is regulated by the amount of the receipts,
sales, or business transacted, and, at the termination of the license
period during which the operation of such business is commenced, the
license shall be ascertained for such license period and paid in the
manner provided in this section for ascertaining and payment of licenses
for other license periods, after deducting from the amounts so found
to be due the amount paid at the time such first license was issued.
All statements filed pursuant to the provisions of this subsection
shall be deemed confidential in character and shall not be subject
to public inspection. It shall be the duty of the License Collector
to so preserve and keep such statements that the contents thereof
may not become known except to the person charged by law with the
administration of this section.
[Ord. #856, §§ 6120 — 6120.2; Ord. #899;
Ord. #990; Ord. #1107; Ord. #1260]
a.
The provisions of this Chapter shall not be deemed or construed to
require the payment of a license to conduct, manage, or carry on any
business, or require the payment of any license from any institution
or organization so conducted, managed, or carried on wholly for the
benefit of charitable purposes, or from which profit is not derived,
either directly or indirectly, by any person; nor shall any license
be required for the conducting of any entertainment, concert, exhibition,
or lecture on scientific, historical, literary, religious, or moral
subjects whenever the receipts of such entertainment, concert, exhibition,
or lecture are to be appropriated to any church or school, or to any
religious or benevolent purpose within the City; nor shall any license
be required for the conducting of any entertainment, dance, concert,
exhibition, or lecture by any religious, charitable, fraternal, educational,
military, state, county, or municipal organization or association
whenever the receipts of any such entertainment, dance, concert, exhibition,
or lecture are to be appropriated for the purposes and objects for
which such association or organization was formed, and from which
profit is not derived, either directly or indirectly, by any person;
provided, however, nothing in this section contained shall be deemed
to exempt any such association or organization from complying with
the provisions of this Code requiring such institution or organization
to obtain a permit from the Council or proper officer to conduct,
manage, or carry on any business; provided, further, that no business
referred to or included within the provisions of this section shall
be exempt from the requirement of obtaining a license and the payment
of the fee therefor, as provided in this Chapter, if such business
is to be conducted from premises situated within an area bounded on
the east by Alameda Street, the south by Almond Street, the west by
Willowbrook Avenue, and the north by Elm Street, and on more than
a casual basis. "Casual basis," as herein used, is defined to mean
the conduct of such business for periods of time not in excess of
seven days in any one calendar year at any one or more premises situated
within the area above described.
b.
Nothing in this section contained shall be deemed or construed as
applying to any person managing, or carrying on, or engaging in any
business exempt from taxation by municipal corporations by virtue
of Section 14, Article 13 of the Constitution of the State or by the
Constitution of the United States.
c.
Licenses for Infirm or Poverty Stricken. The Council may, upon written
evidence received from the Associated Charities, License Inspector,
or other competent source, that any person, by reason of physical
infirmity, unavoidable misfortune, or unavoidable poverty, merits
exemption from the operation of any license required by any provision
of this Chapter, allow such person an exemption of $15 on one license
for the conduct of any one business licensed by any provisions of
this Chapter, or a free license to peddle or solicit within the City.
d.
Licenses for Veterans.
1.
Any veteran or widow of any veteran of the Mexican War, Civil War,
Spanish-American War, World War I or II, or the Korean Conflict who
is a bona fide resident of the City may be exempt from payment of
the first year's license fee or an amount not to exceed $15 from the
fees required by this Chapter. No such exempt license shall be granted
by the License Collector until an application has been made and satisfactory
evidence of eligibility has been filed with and approved by the License
Collector.
2.
In addition to the first year's license, a renewal of such exempt
license may be granted by the License Collector provided the gross
income from such business does not exceed $5,000 per year; and it
is further provided that a statement of the gross income from such
business, duly sworn to before a notary public or one authorized by
law to take oaths, shall be filed with the License Collector before
such renewal shall be granted.
3.
Any person exempted from license charges under Section 16001 of the
Business and Professions Code of the State of California is hereby
exempted from the payment of City license fees for engaging in the
type of exempted operations covered by that section.
[Ord. #856, § 6121]
Whenever the License Collector shall issue any license granting
any exemption provided for in this section, the person to whom such
license is issued shall endorse thereon his signature in ink in the
presence of an employee of the License Collector, and no such license
shall be transferable.
Any such exempt license shall be issued by the License Collector
only for the minimum license period of any such business and may be
renewed for the same period under the same conditions and in the same
manner as originally obtained.
[Ord. #856, § 6122]
At any time that it shall appear to the satisfaction of the
Council that none of the conditions specified in this section as meriting
exemption from license requirements exist as to any person to whom
any such exemption has been allowed, the Council may revoke such exemption
and the exempt license issued thereunder.
[Ord. #856, § 6123]
Every person who operates any business, whether upon a cost,
rental, or commission basis, as a concession or upon rented floor
space in or upon the premises of any person licensed under any provisions
of this Chapter shall be required to obtain a separate and independent
license pursuant to the appropriate provisions of this Chapter and
shall be subject to all the provisions of this Chapter, regulatory,
directive, or penal.
[Ord. #856, § 6124]
Every person claiming to be entitled to exemption from the payment
of any license provided for in this Chapter upon the ground that such
license casts a burden upon his rights to engage in commerce with
foreign nations or among the several states, or conflicts with the
regulations of the United States Congress respecting interstate commerce,
shall file a verified statement with the License Collector, disclosing
the interstate or other character of his business entitling such exemption.
Such statement shall state the name and location of the company or
firm for which the orders are to be solicited or secured, the name
of the nearest local or state manager, if any, and his address, the
kind of goods to be delivered, the place from which the goods are
to be shipped or forwarded, the method of solicitation or taking orders,
the location of any ware-house, factory, or plant within the state,
the method of delivery, the name and location of the residence of
the applicant, and any other facts necessary to establish such claim
of exemption. A copy of the order blank, contract form, or other papers
used by such person in taking orders shall be attached to the affidavit
for the information of the License Collector.
If it appears that the applicant is entitled to such exemption,
the License Collector shall forthwith issue a free license.
[Ord. #856, § 6125]
When any person is engaged in any business licensed under the
provisions of this chapter and, as an incident to such business, accepts
secondhand goods as part payment on any new merchandise, such person
shall not be required to obtain a license as a secondhand dealer,
for the doing of such act shall not be considered as dealing in secondhand
merchandise.
[Ord. #856, § 6126; Ord. #1453]
Any license, permit, or certificate issued by the City to any
person to carry on any business under the provisions of this Code
may be revoked or suspended by the Council or suspended by the Chief
of Police or the Health Officer as follows:
a.
The Council may, upon its own motion, or upon written charges filed
by the Chief of Police or the Health Officer, give notice to any licensee,
permittee, or certificate holder to appear before the Council at a
time and place set for such hearing to show cause, if any there may
be, why the license, permit, or certificate issued to such licensee,
permittee, or certificate holder should not be revoked or suspended.
Such notice shall state the grounds for complaint or reasons for the
revocation or suspension in clear and concise language.
Additionally, the Chief of Police or the Health Officer may
serve a notice to such licensee, permittee, or certificate holder
to appear before the Council at a time and place set for such hearing
to show cause as described in this subsection and shall file a copy
of such notice with the City Clerk within two working days after the
service of said notice. The City Clerk, upon the request of the Chief
of Police or the Health Officer, shall set the hearing to show cause
for a time in compliance with the notice requirements set forth in
Paragraph b of this subsection.
b.
Hearings for persons whose licenses have been suspended shall be
set within 15 days after the date of the suspension. The licensee,
permittee, or certificate holder may be granted a continuance of the
hearing if he is served with a notice thereof less than five days
prior to the hearing date.
[Ord. #856, § 6127; Ord. #1453]
a.
The Chief of Police, the Health Officer, or the Council, upon its
own motion, may suspend any license, permit, or certificate without
previous notice and pending a hearing when it appears to the Chief
of Police, Health Officer, or Council that the immediate suspension
of any license, permit or certificate is necessary for the public
health, morals, safety, and general welfare.
b.
At the time of the suspension of any license, permit, or certificate,
the licensee, permittee, or certificate holder shall be served with
a written statement containing the reasons for such suspension.
[Ord. #856, § 6128]
At any hearing provided for in this Chapter the licensee, permittee,
or certificate holder shall be given an opportunity to appear, either
personally or by counsel, and to be heard, and to defend himself and
he may call witnesses on his behalf.
The Council may continue such hearing from time to time upon
good cause being shown therefor, providing, however, that if the license
has been suspended prior to said hearing the same must be completed
within two days including the first day of hearing.
[Ord. #856, § 6129]
After conducting such hearing as hereinabove provided for, the
City Council may revoke, suspend or reinstate any such license, permit
or certificate upon such terms and conditions as in the exercise of
a reasonable and sound discretion it shall determine. The order of
the Council revoking, suspending, or reinstating said license, permit
or certificate shall be final and conclusive.
[Ord. #856, § 6130]
Any notice required to be given under this Chapter may be given
either by personal delivery thereof to the licensee, permittee or
certificate holder, by personal delivery thereof to any employee of
such licensee, permittee or certificate holder at his place of business
mentioned in the license, permit or certificate providing the licensee,
permittee or certificate holder is absent from the place of business,
or by depositing in the United States Mail in a sealed envelope, postage
prepaid addressed to such person to be notified at his last known
business or residence address as the same appears in the license,
or in other public records pertaining to the matter to which such
notice is directed. Service by mail shall be deemed to have been completed
at the time of the deposit in the Post Office.
[Ord. #856, § 6131]
Proof of giving any notice herein provided may be made by the
certificate of any officer, or employee of this City, or by affidavit
of any person over the age of 18 years, which shows service in conformity
with this section.
[Ord. #856, § 6132]
The City Council shall orally or in the manner hereinbefore
provided for giving notice, notify the licensee, permittee or certificate
holder of any finding, suspension, revocation or reinstatement made
by it, or any conditions attached thereto.
[Ord. #856, § 6133; Ord. #990; Ord. #1,773, § 1]
The Chief of Police or the Health Officer after suspending and
the City Council after revoking or suspending any such license, permit
or certificate shall notify the City Clerk and the City License Collector
of such fact, and thereafter no license shall be issued to the licensee
whose license was revoked or to any new license applicant who seeks
a license at the location (address of business at the time of the
license revocation) by the City License Collector to any licensee,
permittee or certificate holder to carry on any business or do any
act for which such license, permit or certificate was granted until
a new license, permit or certificate shall have been granted therefor
by the City Council.
[Ord. #856, § 6134]
No person whose license, permit or certificate has been revoked
or suspended pursuant to this Chapter shall engage in or carry on
any business, or do any act permitted to be done pursuant to such
license, permit or certificate during the period of suspension, or
after revocation thereof, until a new license, permit or certificate
shall have been granted.
[Ord. #856, § 6135]
No person shall make any false, misleading or fraudulent statement,
or misrepresent any fact in any application for a license, permit
or certificate required to be filed with the City Council, or with
any Board, Commission or authorized person of this City. In addition
to any other penalties provided in any Chapter of this Code, such
conduct shall be grounds for suspending or revoking any license, permit
or certificate issued to such person.
[Added by Ord. #1054, § 6136; Ord. #1062]
No new license to conduct a business, occupation, profession, manufacturing or industrial use at a particular address in the City of Compton shall be issued by the City License Collector until a Certificate of Occupancy has been issued by the Planning Department pursuant to requirements of § 30-33, except that the City License Collector may issue a temporary license, pending the issuance of a Certificate of Occupancy. Any temporary license issued in accordance with this section is revocable at any time by the City License Collector upon 10 days' written notice to temporary licensee.
[Ord. #1846, § 1]
a.
Every individual business that has a business license in Compton
for the sale of merchandise, where a sales tax is collected, shall
have a cash register or some form of recording device which dispenses
a receipt and records a purchase for each item sold.
b.
Every employer, employee or anyone selling merchandise as described
above shall offer a receipt to all purchasers of goods.
[Ord. #1977, § 1]
a.
Whenever delinquent business license fees and appropriate penalties
cannot be collected after proper notification to the property/business
owner, the total uncollected amount including penalties and administrative
fees shall become assessments, and the City Treasurer shall compile
a list of such assessments together with parcel number designations
and addresses upon which the assessments are being fixed, and forward
them to the City Clerk.
1.
Proper Notification to the Property/Business Owner:
(a)
A letter will be sent to each delinquent business owner giving
him or her 30 days to appeal this action in writing to the Treasurer's
Office.
(b)
The City Treasurer will review the appeal upon receipt.
(c)
If no appeal is received within the prescribed number of days,
it will be considered a waiver of right to further appeal, and we
will proceed with the proposed action.
b.
The City Clerk shall file such assessments with the auditor of the
County of Los Angeles, State of California, directing that all unpaid
business license fees, penalties and administrative fees be entered
as lien charges against said property as it appears on the current
assessment rolls. Liens will be collected at the same time and in
the same manner, subject to the same penalties and interest upon delinquencies,
as the general taxes for the City of Compton are collected. The City
Clerk shall present for recording appropriate notices of the imposition
of these liens with the County Recorder.
The fee for any license required by § 9-1 shall be that set forth in this section for the particular business involved. The fee and the duration of the license shall be annual, quarterly, monthly, weekly or daily as indicated in this section. The letter "a" following the fee shall indicate an annual fee, the letter "d" shall indicate a daily fee, the letter "m" shall indicate a monthly fee. The letter "q" shall indicate a quarterly fee, and the letter "w" shall indicate a weekly fee.
a.
Schedule of License Fees Established.
|
Business
|
License Fee
|
Term Indicated
| ||||
|---|---|---|---|---|---|---|
|
1.
|
Advertising
[Added by Ord. #1468, § 6200.1; Ord. #1500; Ord.
#1604, § 1; Ord. #1824, § 1; Ord. #2102, § 1] | |||||
|
By benches:
| ||||||
|
For 10 or less
|
$100
|
a
| ||||
|
For each additional bench
|
$20
|
a
| ||||
|
By banners, pennants, flags or decorations suspended over or
along any street or sidewalk
|
$50
|
a
| ||||
|
By billboards, erecting, manufacturing, or operating
|
$400
|
a
| ||||
|
For each additional billboard face
|
$50
|
a
| ||||
|
By handbills (see Subsection 9-1.1, Definitions)
|
$100
|
a
| ||||
|
Or
|
$30
|
q
| ||||
|
Or
|
$10
|
d
| ||||
|
By searchlight
|
$100
|
a
| ||||
|
Or
|
$30
|
q
| ||||
|
By posting
|
$10
|
d
| ||||
|
By sound truck, per vehicle
|
$100
|
a
| ||||
|
Or
|
$30
|
m
| ||||
|
Or
|
$10
|
d
| ||||
|
By methods other than those enumerated above, based on the gross
receipts of such business:
| ||||||
|
From 0 to $10,000
|
$40
|
a
| ||||
|
For each additional $1,000 or fraction
|
$5
|
a
| ||||
|
By supergraphic sign
|
$2 per square foot of total sign area
|
a
| ||||
|
2.
|
Amusements
[Added by Ord. #1468, § 6200.2; Ord. #1635, § 1;
Ord. #1672, § 1; Ord. #1688, § 1; Ord. #1824,
§ 1] | |||||
|
Bowling alleys, table tennis, and shuffleboard:
| ||||||
|
For 1 table or alley
|
$25
|
a
| ||||
|
For each additional table or alley (permit required)
|
$10
|
a
| ||||
|
Card clubs or school (permit required)
|
$200
|
a
| ||||
|
Carnivals:
| ||||||
|
For the first day
|
$300
|
d
| ||||
|
For each additional day
|
$50
|
d
| ||||
|
A refundable (cash) clean up deposit
|
$400
| |||||
|
Charity solicitations (permit required)
| ||||||
|
Children's rides (other than in amusement zones), per machine
|
$15
|
a
| ||||
|
Circuses (see Subsection 9-4.10):
| ||||||
|
For the first day
|
$125
|
d
| ||||
|
For each additional day
|
$30
|
d
| ||||
|
For each sideshow where separate admission is charged:
| ||||||
|
For the first day
|
$20
|
d
| ||||
|
For each additional day
|
$10
|
d
| ||||
|
Circus processions or parades, each
|
$500
| |||||
|
Dance halls:
| ||||||
|
Where dances are held not oftener than once a week
|
$50
|
a
| ||||
|
Where more often than once a week (permit required)
|
$300
|
a
| ||||
|
Itinerant shows wherein theatrical performances, acrobatic feats,
or singing or dancing is presented, not including regularly licensed
theaters (permit required)
|
$25
|
d
| ||||
|
Mechanically and electronically operated amusement machines:
| ||||||
|
For each amusement machine
|
$100
|
a
| ||||
|
The license fee for an arcade shall be
|
$1,000
|
a
| ||||
|
Miniature trains, auto, airplanes, boat rides, merry-go-rounds,
or other rides, automatic picture machines, and Skee-Ball
|
$50
|
a
| ||||
|
For each amusement conducted (in addition to initial
license)
|
$20
|
a
| ||||
|
Pool and billiard halls, for each table (permit required)
|
$100
|
a
| ||||
|
Shooting galleries, archery ranges, or other games of ball rolling,
ring throwing, disc throwing, stick throwing, or any game of skill
(permit required)
|
$15
|
m
| ||||
|
Skating rinks
|
$100
|
a
| ||||
|
For each amusement conducted
|
$10
|
a
| ||||
|
Trained wild or domestic animal shows having an established
place of business in the City where exhibitions are given and admission
is charged (no circus or carnival may be licensed under this section)
|
$50
|
a
| ||||
|
Traveling shows or exhibitions showing in tents where admission
is charged or contributions are solicited:
| ||||||
|
For the first day
|
$15
|
d
| ||||
|
For each additional day
|
$10
|
d
| ||||
|
For exhibitions where an admission fee or collection
is taken or goods offered for sale or given away and not otherwise
provided for
|
$30
|
d
| ||||
|
Wild West shows:
| ||||||
|
For the first day
|
$30
|
d
| ||||
|
For each additional day
|
$15
|
d
| ||||
|
For each sideshow Wild West Show where separate
admission is charged:
| ||||||
|
For the first day
|
$10
|
d
| ||||
|
For each additional day
|
$10
|
d
| ||||
|
3.
|
Auctions
[Added by Ord. #1468, § 6200.3; Ord. #1674, § 1] | |||||
|
For Auctions establishments
|
$800
|
a
| ||||
|
For each auctioneer therein employed
|
$300
|
a
| ||||
|
For auctioneers of property other than jewelry and other than
at an auction house
|
$30
|
d
| ||||
|
For auctioneers of jewelry other than at an auction house (permit
required)
|
$60
|
d
| ||||
|
For the auction of motor vehicles that are subject to sale at
an auction
|
$5 per vehicle
| |||||
|
4.
|
Apartment houses, bungalow courts, hotels, rooming and boarding
houses or any other rental income property not herein designated
[Added by Ord. #1468, § 6200.4; Ord. #1604, § 2;
Ord. #1676, § 1; Ord. #1824, § 1] |
$20 per unit
|
a
| |||
|
5.
|
Automobiles for Hire, Lease, or Rent
[Added by Ord. #1468, § 6200.5] | |||||
|
For 1 vehicle offered for hire, lease or rent
|
$100
|
a
| ||||
|
For each additional vehicle so offered
|
$5
|
a
| ||||
|
For ambulances and invalid coaches, per vehicle
|
$40
|
a
| ||||
|
6.
|
Automobile Parking Lots
[Added by Ord. #1468, § 6200.6] | |||||
|
(Permit required)
|
$36
|
a
| ||||
|
7.
|
Automobile Sight-Seeing Tour Ticket Agencies
[Added by Ord. #1468, § 6200.7] |
$25
|
a
| |||
|
8.
|
Automobile or Taxicab for Hire — Driving
[Added by Ord. #1468, § 6200.8] | |||||
|
Per driver (see also Paragraph a65 of this subsection)
|
$10
|
a
| ||||
|
9.
|
Auto Wreckers
[Added by Ord. #1468, § 6200.9] | |||||
|
(Permit required)
| ||||||
|
Includes the sale of used auto parts and supplies
|
$200
|
a
| ||||
|
10.
|
Bail Bond Brokers
[Added by Ord. #1468, § 6200.10] | |||||
|
11.
|
Bankrupt Stocks
[Added by Ord. #1468, § 6200.11] |
$25
|
d
| |||
|
12.
|
Barbershops
[Added by Ord. #1468, § 6200.12; Ord. #1604, § 3;
Ord. #1824, § 1] | |||||
|
For shops with 1 operator
|
$100
|
a
| ||||
|
For each additional operator/chair
|
$25
|
a
| ||||
|
For each additional manicurist
|
$15
|
a
| ||||
|
For each shoeshine person
|
$15
|
a
| ||||
|
13.
|
Beauty Parlors
[Added by Ord. #1468, § 6200.13; Ord. #1604, § 4;
Ord. #1824, § 1] | |||||
|
For separate business entity or location including operator
|
$100
|
a
| ||||
|
14.
|
Beauticians
[Added by Ord. #1468, § 6200.14] | |||||
|
House-to-house
|
$100
|
a
| ||||
|
15.
|
Beer Parlors and Cocktail Lounges
[Added by Ord. #1468, § 6200.15; Ord. #1604, § 5;
Ord. #1824, § 1] | |||||
|
For each business entity or location
|
$500
|
a
| ||||
|
16.
|
Live Entertainment
[Added by Ord. #1468, § 6200.15a] | |||||
|
For each business entity or location
|
$250
|
a
| ||||
|
17.
|
Building Trades. (See Contractors)
[Added by Ord. #1468, § 6200.17] | |||||
|
18.
|
Burglar Alarm Systems Services
[Added by Ord. #1468, § 6200.18; Ord. #1824, § 1] |
$100
|
a
| |||
|
19.
|
Businesses and Professions
[Added by Ord. #1468, §§ 6200.19, 6200.19a;
Ord. #1483; Ord. #1604, § 6; Ord. #1610, § 1;
Ord. #1659, §§ 1, 2; Ord. #1831, § 1] | |||||
|
(a)
|
Generally including any business not specifically provided for
in this Chapter, based on the gross receipts of such business:
| |||||
|
Gross Receipts
|
Annual Fee
| |||||
|
$0 to $199,999
|
$200
| |||||
|
$200,000 to $249,999
|
$225
| |||||
|
$250,000 to $299,999
|
$250
| |||||
|
$300,000 to $349,999
|
$275
| |||||
|
$350,000 to $399,999
|
$300
| |||||
|
$400,000 to $449,999
|
$325
| |||||
|
$450,000 to $499,999
|
$350
| |||||
|
$500,000 to $549,999
|
$375
| |||||
|
$550,000 to $599,999
|
$400
| |||||
|
$600,000 to $649,999
|
$425
| |||||
|
$650,000 to $699,999
|
$450
| |||||
|
$700,000 to $749,999
|
$475
| |||||
|
$750,000 to $799,999
|
$500
| |||||
|
$800,000 to $849,999
|
$525
| |||||
|
$850,000 to $899,999
|
$550
| |||||
|
$900,000 to $949,999
|
$575
| |||||
|
$950,000 to $999,999
|
$600
| |||||
|
Plus, per $1,000 or portion thereof over $1,000,000
|
$0.25
| |||||
|
(b)
|
Professions. For every person engaged in any trade, calling
occupation, vocation, profession or other means of livelihood, such
as attorneys and doctors (of any kind), and not as an employee of
another, and not specifically provided for in this section, shall
be based on the gross receipts of such profession:
| |||||
|
Gross Receipts
|
Annual Fee
| |||||
|
$0 to $299,999
|
$250
| |||||
|
$300,000 to $349,999
|
$350
| |||||
|
$350,000 to $399,999
|
$450
| |||||
|
$400,000 to $449,999
|
$550
| |||||
|
$450,000 to $499,999
|
$650
| |||||
|
$500,000 to $549,999
|
$750
| |||||
|
$550,000 to $599,999
|
$850
| |||||
|
$600,000 to $649,999
|
$950
| |||||
|
$650,000 to $699,999
|
$1,050
| |||||
|
$700,000 to $749,999
|
$1,150
| |||||
|
$750,000 to $799,999
|
$1,250
| |||||
|
$800,000 to $849,999
|
$1,350
| |||||
|
$850,000 to $899,999
|
$1,450
| |||||
|
$900,000 to $949,999
|
$1,550
| |||||
|
$950,000 to $999,999
|
$1,650
| |||||
|
Plus per $1,000 or portion thereof over $1,000,000
|
$1
| |||||
|
20.
|
Bus Terminals or Stage Depots
[Added by Ord. #1468, § 6200.20] | |||||
|
Where buses used in interurban bus service are permitted to
stand, or where such vehicles are refueled, or where passengers board
or disembark, per vehicle utilized
|
$25
|
a
| ||||
|
21.
|
Cemeteries
[Added by Ord. #1468, § 6200.21; Ord. #1824, § 1] |
$300
|
a
| |||
|
22.
|
Cesspool Pumping
[Added by Ord. #1468, § 6200.22] |
$50
|
a
| |||
|
23.
|
Checkrooms
[Added by Ord. #1468, § 6200.23] |
$25
|
a
| |||
|
24.
|
Christmas Trees, Sales of
[Added by Ord. #1604, § 6200.24] | |||||
|
For each business entity or location (with or without conjunction
with a licensed business)
|
$50
|
a
| ||||
|
Cleanup deposit (lot must be cleaned up within 30 days after
Christmas or deposit will be forfeited)
|
$300
|
a
| ||||
|
25.
|
Cigar Stand, etc.
[Added by Ord. #1468, § 6200.25] | |||||
|
For the sale of candy, peanuts, popcorn, chewing gum, ice cream,
hot dogs, hamburgers, cigars, and cigarettes
|
$40
|
a
| ||||
|
26.
|
Contractors
[Added by Ord. #1468, § 6200.26; Ord. #1604, § 8;
Ord. #1824, § 1] | |||||
|
General contractor, lathing, plastering, roofing, plumbing,
electrical, sewer, refrigeration, heating, or air conditioning (installation,
maintaining, repairing); signs, neon or electric
|
$200
|
a
| ||||
|
Boilers; hot water heating; steam fitting; cabinet and mill
work; cement and concrete; elevator installations; fire protection;
engineering; flooring; wood; glass installation; insulation; landscaping;
masonry ornamental materials; painting and decorating; sheet metals;
steel reinforcing; steel structure; structural pest control; tile,
ceramics and mosaics; welding; well drilling
|
$150
|
a
| ||||
|
Classified specialists (as defined by the Registrar of Contractors,
Contractors State License Board), not otherwise specifically provided
for in this article
|
$100
|
a
| ||||
|
27.
|
Gardeners
[Added by Ord. #1604, § 6200.26a] | |||||
|
Each
|
$50
|
a
| ||||
|
28.
|
Dancing Academies
[Added by Ord. #1468, § 6200.27] | |||||
|
29.
|
Deliveries
[Added by Ord. #1468, § 6200.28; Ord. #1604, § 10] | |||||
|
Groceries by traveling grocery stores or buses (per vehicle)
|
$800
|
a
| ||||
|
By vehicle of goods other than edibles and not having an established
place of business in the City, including earth movers (per vehicle)
|
$50
|
a
| ||||
|
Gasoline or other petroleum products:
| ||||||
|
Per truck
|
$50
|
a
| ||||
|
For each trailer
|
$10
|
a
| ||||
|
By vehicle of edibles to dealers (per vehicle)
|
$50
|
a
| ||||
|
By vehicle of goods other than edibles to dealers (per vehicle)
|
$50
|
a
| ||||
|
By vehicle to established dealers in barber or beauty shop supplies
(per vehicle)
|
$50
|
a
| ||||
|
Water, bottled or otherwise (per vehicle)
|
$50
|
a
| ||||
|
Delivery trucks continued earth movers (per vehicle)
|
$50
|
a
| ||||
|
30.
|
(Reserved)
[Added by Ord. #1468, § 6200.29; Ord. #1824, § 1;
repealed by Ord. #1980] | |||||
|
31.
|
Electrical. (See Contractors)
[Added by Ord. #1468, § 6200.30] | |||||
|
32.
|
Fortune-Telling
[Added by Ord. #1468, § 6200.31] | |||||
|
(Permit required)
|
1,000
|
a
| ||||
|
Advertising
|
$500
|
a
| ||||
|
33.
|
Health Institutions
[Added by Ord. #1468, § 6200.32] | |||||
|
Engaging in physical culture or exercise, excluding private
clubs, or public or private school gymnasiums
|
$100
|
a
| ||||
|
34.
|
Insurance Brokers
[Added by Ord. #1468, § 6200.33; Ord. #1604, § 11] | |||||
|
For each business entity or location
|
$100
|
a
| ||||
|
35.
|
Itinerant Vendors
[Added by Ord. #1468, § 6200.34] |
$160
|
a
| |||
|
36.
|
Junk Dealers
[Added by Ord. #1468, § 6200.35] | |||||
|
(Permit required)
|
$300
|
a
| ||||
|
37.
|
Lathing. (See Contractors)
[Added by Ord. #1468, § 6200.36] | |||||
|
38.
|
Laundries and Laundromats, Self-Service
[Added by Ord. #856, § 6200.37a] | |||||
|
For each business entity or location
|
$100
|
a
| ||||
|
39.
|
Maintenance Services not Otherwise Specifically Provided for
| |||||
|
With no fixed place of business in the City
[Added by Ord. #1468, § 6200.38] |
$50
|
a
| ||||
|
40.
|
Massage Establishment
[Added by Ord. #1468, § 6200.39; amended by Ord.
#2031, § 1] |
$400
|
a
| |||
|
41.
|
Massage Technician
[Added by Ord. #1468, § 6200.39a; amended by Ord.
#2031, § 1] |
$50
|
a
| |||
|
42.
|
Money Lenders
[Added by Ord. #1468, § 6200.40; Ord. #1824, § 1] | |||||
|
Excluding bond brokers or bank institutions
|
$500
|
a
| ||||
|
43.
|
Savings and Loan Associations
[Added by Ord. #1468, § 6200.40a; Ord. #1824, § 1] |
$500
|
a
| |||
|
44.
|
Motion Pictures
[Added by Ord. #1468, § 6200.41; Ord. #1824, § 1] | |||||
|
For producing pictures of photoplays:
| ||||||
|
3 days or less
|
$300
| |||||
|
5 days or less
|
$500
| |||||
|
More than 5 days
|
$700
| |||||
|
45.
|
Name Change of Business
[Added by Ord. #1468, § 6200.42] | |||||
|
For each change of name
|
$5
| |||||
|
46.
|
Painting. (Also see Contractors)
[Added by Ord. #1468, § 6200.43] | |||||
|
No state license, painting 1 or more structures for profit
|
$50
|
a
| ||||
|
47.
|
Parking Lots
[Added by Ord. #1468, § 6200.44] | |||||
|
(Permit required)
|
$36
|
a
| ||||
|
48.
|
Patrol Systems
[Added by Ord. #1468, § 6200.45; Ord. #1824, § 1] | |||||
|
Including guarding against theft, fire, or both, or performing
any service customarily performed by peace officers
|
$100
|
a
| ||||
|
For each patrolman thus employed, including part-time
|
$20
|
a
| ||||
|
49.
|
Vendors
[Added by Ord. #1468, § 6200.46; Ord. #1604, § 15;
Ord. #1732, § 5; Ord. #2243, § 2] | |||||
|
By vending vehicle (per vehicle)
|
$100
10
|
a
d
| ||||
|
By pushcart (per pushcart)
|
$100
|
a
| ||||
|
Of notions
|
$10
|
d
| ||||
|
50.
|
Plastering. (See Contractors)
[Added by Ord. #1468, § 6200.47] | |||||
|
51.
|
Plumbing. (See Contractors)
[Added by Ord. #1468, § 6200.48] | |||||
|
52.
|
Real Estate Brokers
[Added by Ord. #1468, § 6200.49; Ord. #1604, § 16] |
$100
|
a
| |||
|
53.
|
Real Estate Salespersons
[Added by Ord. #1468, § 6200.49a; Ord. #1604, § 17] | |||||
|
(Each salesperson shall furnish the Tax Collectors with the
name and address of the licensed real estate broker by whom the salesperson
is employed)
| ||||||
|
For the transfer of the license of a salesperson from 1 licensed
broker to another licensed broker during the period of the license
|
$5
| |||||
|
54.
|
Refrigeration, Heating, or Air-Conditioning
[Added by Ord. #1468, § 6200.50] | |||||
|
Installing, maintaining or repairing (See Contractors)
| ||||||
|
55.
|
Roofing. (See Contractors)
[Added by Ord. #1468, § 6200.51] | |||||
|
56.
|
Rubbish or Waste Collecting
[Added by Ord. #1468, § 6200.52; Ord. #1824, § 1] | |||||
|
For 1 truck engaged in gathering, collecting, or removing rubbish
|
$500
|
a
| ||||
|
For each additional truck so engaged
|
$250
|
a
| ||||
|
57.
|
Scissors or Other Cutlery Grinding
[Added by Ord. #1468, § 6200.53] | |||||
|
House-to-house
|
$12
|
a
| ||||
|
58.
|
Secondhand Dealers
[Added by Ord. #1468, § 6200.54] | |||||
|
Excluding auto wreckers and used motor vehicle dealers
|
$100
|
a
| ||||
|
59.
|
Sewers. (See Contractors)
[Added by Ord. #1468, § 6200.55] | |||||
|
60.
|
Shoe Shining Stands
[Added by Ord. #1468, § 6200.56] | |||||
|
Per person employed
|
$10
|
a
| ||||
|
61.
|
Shoe Repair Shops
[Added by Ord. #1468, § 6200.57] |
$30
|
a
| |||
|
62.
|
Soliciting
[Added by Ord. #1468, § 6200.58] | |||||
|
For each solicitor
|
$65
|
a
| ||||
|
63.
|
Storage Indoor-Outdoor. (See Subsection 9-2.1a76.)
[Added by Ord. #1468, § 6200.59] | |||||
|
64.
|
Swap Meet (Mall) Operators
[Added by Ord. #1468, § 6200.60; Ord. #1824, § 1] |
1,000
|
a
| |||
|
For each participant or space (booth) owner
|
$250
|
a
| ||||
|
65.
|
Taxicabs
[Added by Ord. #1468, § 6200.61; Ord. #1949, § 1] | |||||
|
For the first vehicle (taxi)
|
$100
|
a
| ||||
|
For each additional vehicle (taxi)
|
$50
|
a
| ||||
|
For each application for a location or a change of location,
of a taxicab stand (also see Paragraph a8 of this subsection)
|
$100
| |||||
|
66.
|
Television Installations or Services
[Added by Ord. #1468, § 6200.62] | |||||
|
With no fixed place of business in the City
|
$40
|
a
| ||||
|
67.
|
Theaters
[Added by Ord. #1468, § 6200.63; Ord. #1824, § 1] | |||||
|
Where a fee is charged or received:
| ||||||
|
499 seats or less
|
$500
|
a
| ||||
|
500 seats and less than 750
|
$600
|
a
| ||||
|
750 seats and less than 1,000
|
$700
|
a
| ||||
|
1,000 seats and less than 1,500
|
$800
|
a
| ||||
|
More than 1,500 seats
|
$900
|
a
| ||||
|
Drive-in theaters capacity shall be computed on the basis of
2 1/2 seats per automobile space in the theater
| ||||||
|
68.
|
Toilets, Portable Installations
[Added by Ord. #1468, § 6200.64] | |||||
|
Maintenance
|
$75
|
a
| ||||
|
69.
|
Trailer Courts
[Added by Ord. #1468, § 6200.65] | |||||
|
For each rental space
|
$10
|
a
| ||||
|
For each house trailer maintained for occupancy rental
|
$10
|
a
| ||||
|
70.
|
2 Types of Business
[Added by Ord. #1468, § 6200.66] | |||||
|
Where 2 or more businesses are carried on at the same address
under the same ownership, the license shall be paid for the business
conducted for which the higher fee is required
| ||||||
|
71.
|
Used Car Dealers
[Added by Ord. #1468, § 6200.67] | |||||
|
(Permit required)
| ||||||
|
Gross receipt basis
| ||||||
|
72.
|
Used Machinery for Resale
[Added by Ord. #1468, § 6200.68] | |||||
|
73.
|
Vehicle Identification Tags
[Added by Ord. #1468, § 6200.69] | |||||
|
Replacement of
|
$1
| |||||
|
74.
|
Vending or Other Machines
[Added by Ord. #1468, § 6200.70; Ord. #1483; Ord.
#1604, § 18] | |||||
|
Amusement devices not otherwise specifically provided for requiring
50 or more to operate, per machine
|
$15
|
a
| ||||
|
Cigarettes and cigars, for each machine
|
$20
|
a
| ||||
|
Ice, per machine
|
$25
|
a
| ||||
|
Music boxes or devices, remote control or otherwise, per machine
|
$25
|
a
| ||||
|
For each coin intake slot wherever located
|
$10
|
a
| ||||
|
Weighing machines operated by means of a coin, per machine
|
$10
|
a
| ||||
|
For each vending machine not otherwise specifically provided
for, per machine
|
$10
|
a
| ||||
|
75.
|
No Fixed Place of Business
[Added by Ord. #1468, § 6200.71; Ord. #1824, § 1] | |||||
|
Any person conducting business in or with the City and not having
a fixed place of business within the City
|
$100
|
a
| ||||
|
76.
|
Warehouses
[Added by Ord. #1468, § 6200.72; Ord. #1824, § 1] | |||||
|
Warehouse use for any purpose:
| ||||||
|
For the first 4,000 square feet of space
|
$100
|
a
| ||||
|
For each additional 1,000 square feet of space
|
$10
|
a
| ||||
|
77.
|
Armored Cars
[Added by Ord. #1604, § 6200.74] | |||||
|
For each vehicle
|
$25
|
a
| ||||
|
For each guard
|
$5
|
a
| ||||
|
78.
|
Dog Kennel
[Added by Ord. #1604, § 6200.75] |
$50
|
a
| |||
|
79.
|
Mail Orders
[Added by Ord. #1604, § 6200.76; Ord. #1824, § 1;
Ord. #1980] | |||||
|
Pertaining to home based businesses only, for each operation
or location
|
$100
|
a
| ||||
|
80.
|
Office Use
[Added by Ord. #1604, § 6200.77] | |||||
|
For each operation of or location
|
$50
|
a
| ||||
|
81.
|
Light Hauling
[Added by Ord. #1604, § 6200.78; Ord. #1824, § 1] |
$50
|
a
| |||
|
82.
|
Tow Trucks
[Added by Ord. #1604, § 6200.79] | |||||
|
Per vehicle
|
$50
|
a
| ||||
|
83.
|
Nail Salon
[Added by Ord. #1824, § 1] | |||||
|
For shops with 1 operator
|
$100
|
a
| ||||
|
For each additional operator/booth rented
|
$25
|
a
| ||||
[Added by Ord. #1468, § 6201.1]
As used in this section:
Shall mean the tax established by this Chapter initially,
or as may be changed in accordance with the procedures hereinafter
prescribed for businesses conducting their activities within a Business
Promotion District, in addition to the regular tax imposed upon various
businesses generally not in such Business Promotion District.
Shall mean an area of the City which has been designated
a Business Promotion District pursuant to the procedures set forth
in this Chapter.
Shall mean all types of businesses.
[Added by Ord. #1468, § 6201.2; Ord. #1730, § 1]
a.
Whenever this section provides for a hearing and notice therefor,
such notice shall be given as follows:
1.
One publication in a newspaper shall be published and circulated
in the City; and
2.
Mailing of such notices, postage prepaid, in a sealed envelope, by
the United States mails, addressed to all businesses which conduct
activities within any proposed or established Business Promotion District,
as shown upon the active business licenses on file with the License
Collector, and to all business property owners in such district as
shown upon the last equalized assessment roll of the county at the
addresses shown on such roll.
3.
Both publication and mailing of notices shall be completed at least
10 days prior to the holding of any hearing required by this Chapter,
and such notices shall contain the designation of the time and place
of the hearing and a statement describing the subject matter of such
hearing.
b.
Whenever a hearing is held under this Chapter, the Council shall
hear all protests and receive evidence for or against the proposed
action: the Council shall also rule upon all protests, which determination
shall be final; and the Council may continue the hearing from time
to time.
[Added by Ord. #1468, § 6201.3]
The purpose and intent of this section is to impose a tax upon
the businesses in a Business Promotion District which tax is greater
than the general business license tax in the City outside of such
a district, and to use the proceeds from the additional tax revenue
for the purpose of promoting events which take place in such district
which are of a public nature and of general interest and concern to
the community and the businesses in the district, and to promote and
increase business generally in the Business Promotion District. Such
activities may include, but shall not be limited to, the following:
a.
Decoration of any public place in the district;
b.
Promotion of public events which are to take place on or in public
places in such district;
c.
Furnishing of music in any public place in the district;
d.
The acquisition, construction, or maintenance of public improvements,
including parking lots benefiting the district; and
e.
The general advertising of the district and development of means
to increase business activity in the district.
|
This section is also intended to be construed liberally, and
in the event any part should be held invalid, the remaining part or
parts shall remain in full force and effect. The Council shall have
sole discretion as to how the money derived from this tax is to be
used within the scope of the above purposes; however, the Council
may appoint existing advisory boards or commissions to make recommendations
as to its use, or the Council may create new advisory boards or commissions
for the purpose.
|
[Added by Ord. #1468, § 6201.4]
The Council may establish a Business Promotion District by the
following procedure:
a.
Adoption of a resolution of intention to establish a Business Promotion
District which shall contain the following information:
1.
A description of the proposed boundaries of such district;
2.
The time and place when a hearing shall be held by the Council to
determine whether or not to adopt a resolution to establish such district;
3.
The uses to which the additional revenue derived from the additional
tax for a business license will be put, which shall be the same as
those provided for by this section;
4.
That the establishment of a Business Promotion district shall cause
an additional tax for business licenses for those businesses conducting
their activities in such district, and that such increase shall be
in accordance with the schedule provided by this section, which schedule
shall be set forth at length in the resolution; and
5.
That any interested person may file a written protest prior to the
hearing and may also appear at the hearing and present evidence; provided,
however, no person may attack the proceeding on any ground not stated
in a written protest filed prior to the time of hearing.
b.
Notice of the hearing provided for by the resolution of intention shall be published and mailed in accordance with Subsection 9-3.2, except, however, such notice shall consist of a complete copy of the resolution of intention to establish a Business Promotion District.
c.
The hearing specified in the resolution of intention shall be held prior to the adoption of a resolution establishing a Business Promotion District. Such hearing shall be held in accordance with Subsection 9-3.2.
d.
If it is determined by the Council after the hearing that such a
district should be created, the Council may approve such a district
by adopting a resolution establishing the district. This resolution
shall contain the following information:
1.
The number, date, and title of the resolution of intention pursuant
to which it was adopted;
2.
The time and place the hearing was held concerning the formation
of such district;
3.
The description of the boundaries of such district;
4.
A statement that the businesses in the district created by the resolution
shall be subject to the provisions of the additional tax provided
by this section; and
5.
A statement that a Business Promotion District has been created pursuant
to the provisions of this section.
|
The Council may, however, modify the boundaries of the district as described in the resolution of intention based upon the evidence presented provided the Council proposes such change and continues the hearing until a later time, and notice of the proposed change and the time and place of the continued hearing is given in accordance with Subsection 9-3.2.
|
[Added by Ord. #1468, § 6201.5]
There is hereby imposed the following tax for a business license
for all businesses conducting their activities in a Business Promotion
District, which tax is in addition to the regular tax imposed upon
various businesses generally not in such Business Promotion District:
a.
All businesses in such district shall be subject to this additional
taxation if they are subject to taxation by the City under its business
license tax regulations.
b.
The tax imposed by this Chapter as additional tax for a business
license shall be based upon the following schedule:
1.
Class I Businesses:
(a)
Retail sales where 75% of the gross receipts are derived from
such sales;
(b)
Secondhand dealers; and
(c)
Stock and bond brokers, real estate and personal loan agents,
and savings and loan associations.
|
Businesses in this class shall be taxed as an additional tax
for a business license 3 1/2 times their ordinary business license
tax, not to exceed $1,500, or 3/10% of their gross annual receipts:
|
2.
Class II Businesses:
(a)
Advertising agencies;
(b)
Apartments, motels, and rooming houses with more than two rentals,
whether located in one or various locations;
(c)
Auto and appliance repairs;
(d)
Barber shops;
(e)
Beauty shops;
(f)
Cafes and restaurants;
(g)
Child care;
(h)
Contractors;
(i)
Equipment rental, including auto and truck rentals;
(j)
Gardening;
(k)
Hotels;
(l)
Manufacturing and processing (including product research and
development, newspaper and job printing, and wholesaling);
(m)
Massage parlors;
(n)
Medical and dental laboratories;
(o)
Newspaper and magazine agencies;
(p)
Photo studios;
(q)
Physical culture studios and gymnasiums;
(r)
Public utilities, including gas, electric, telegraph, and telephone;
(s)
Trading stamp agencies;
(t)
Trailer parks;
(u)
Training schools; and
(v)
Undertaking establishments. Businesses in this class shall be
taxed as an additional tax for a business license twice the ordinary
business license tax, not to exceed 3/10% of their gross annual receipts.
3.
Class III Businesses:
(a)
Attorneys at law;
(b)
Accountants, including public and certified public;
(c)
Chiropractors;
(d)
Electronic data processing centers;
(e)
Engineers;
(f)
Medical and dental doctors, including osteopaths;
(g)
Psychologists;
(h)
Public bookkeeping;
(i)
Real estate brokers; and
(j)
Veterinarians. Businesses in this class shall be taxed as an
additional tax for a business license twice the ordinary business
license tax, not to exceed 3/10% of their gross annual receipts.
4.
Class IV Businesses:
This class shall include all businesses not listed as Classes
I, II, or III above. Businesses in Class IV shall be taxes as an additional
tax for a business license one times the ordinary business license.
c.
New businesses in such district shall be exempt from any assessment
under this section for three months after opening their doors for
business and will then be assessed in accordance with their classification,
with the amount due to be paid on a pro rata basis, depending upon
the expired portion of the current business license tax period for
which assessments are due and payable.
d.
Any business, person, or institution located within the Business
Promotion District which is exempt from the payment of a business
license tax by the State Constitution shall not be taxed under this
section but may make voluntary contributions to the Business Promotion
District. Such contributions shall be used for the purposes provided
by this section.
[Added by Ord. #1468, § 6201.6]
The collection of the additional tax for a business license
for any Business Promotion District shall be made at the same time
and in the same manner as any other business license tax. In the event
a Business Promotion District shall be established and become effective
on a date other than the date when the regular tax upon various businesses
becomes due and payable, then in that event additional taxes for business
licenses provided for hereunder will be assessed and become due and
payable as of said effective date of the establishment of such Business
Promotion District with the amount due to be paid on a pro rata basis
depending upon the expired portion of the current business license
tax period for which assessments are due and payable.
[Added by Ord. #1468, § 6201.7]
Changes may be made in the boundaries of any Business Promotion District by resolution of the Council; however, no changes shall be made unless and until a hearing is held and a notice thereof is given in accordance with Subsection 9-3.2. Such notice shall contain the time and place when the hearing shall be held and a description of the proposed change of the district boundary.
[Added by Ord. #1468, § 6201.8]
Changes may be made in the rate of additional tax for a business license by ordinance of the Council; however, no changes shall be made unless and until a hearing is held and notice thereof is given in accordance with Subsection 9-3.2. Such notice shall contain the time and place where the hearing shall be held and a description of the proposed change in the rate of additional tax for a business license:
[Added by Ord. #898; Ord. #856, § 6300.1 to 19;
Ord. #1018, § 6900.9A; Ord. #1635, § 6300.2; Ord.
#856, § 6300.12; Ord. #898; Ord. #856, § 6300.15;
Ord. #898]
No person shall operate and no license shall be issued for any
of the businesses enumerated in the succeeding subsections of this
section or in other sections of this Code specifically requiring same,
until a permit has first been obtained therefor upon application in
writing pursuant to this section.
a.
List of Businesses Requiring a Permit.
1.
Advertising:
By billboard.
By bench.
2.
Amusements:
Arcades.
Archery range.
Bowling alleys, pool and billiard halls.
Card club or school.
Dance halls.
Itinerant shows.
Shooting gallery.
3.
Automobile Parking Lot.
4.
Auction Establishment.
5.
Auto Wrecker.
7.
Food Establishment.
8.
Fortune Telling.
9.
Junk Dealer.
10.
Massage Parlor.
11.
Massagist, House to House.
12.
Patrol System.
13.
Patrolman.
14.
Peddler (except peddlers of food).
15.
Public Eating Place.
16.
Slaughterhouse.
17.
Soliciting. (Except when the person soliciting has had an established
place of business, for the business for which he is soliciting, within
the City for at least six months prior to the time such soliciting
is commenced.)
18.
Taxicab.
19.
Taxicab Driver.
20.
Trailer Courts.
21.
Car Dealers.
[Ord. #856, § 6301]
Unless otherwise stated in this Code, the fee for filing application for each permit shall be $1 payable in advance. The license fee prescribed in section 9-2 for the particular business and the permit fee shall accompany the application.
[Ord. #856, § 6302; Ord. #898]
The application for any permit required by this section shall
be filed with the License Collector, shall be signed and verified
by the applicant, and shall set forth the following:
a.
The name and address of the applicant.
b.
The name and address of the person by whom employed, if any. If filed
in behalf of a partnership, corporation or association, the names
and addresses of the partners, or principal officers of such corporation
or association.
c.
The nature of the business for which a permit is requested.
d.
The place where such business is to be conducted.
e.
A brief description of the nature and amount of equipment to be used
in such business.
f.
The personal description of the applicant.
g.
Evidence of the identity of the applicant of such character as the
Council or the License Collector, as the case may be, may require.
h.
Fingerprints and thumb prints of applicant only when specifically
required.
[Ord. #856, § 6303; Ord. #898; Ord. #1062]
Except as otherwise provided in this Code the Council, after
investigation of the application and of the business proposed to be
conducted, may grant or refuse to grant a permit. The Council shall
have the right to refuse any such permit if it shall determine that
the granting of the same or the conduct of the business will be contrary
to the preservation of the public peace, health, safety, morals or
welfare of the City or its inhabitants. If such permit is granted
the Council may impose such terms, conditions and restrictions upon
the operation and conduct of such business, not in conflict with any
paramount law, as it may deem necessary or expedient to protect the
public peace, health, safety, morals or welfare of the City or its
inhabitants. Any applicant for such permit shall be entitled to a
hearing thereon before the Council upon a request therefor. If a permit
be denied the license fee paid shall be refunded; the permit fee shall
not be refunded.
[Ord. #856, § 6303.1; Ord. #898]
In the event of an application for a peddler's or solicitor's
permit, if the License Collector shall determine, after a reasonable
investigation, that the applicant is of good moral character and proposes
to engage in an enterprise which shall not be detrimental to the public
peace, health, safety, morals or welfare of the City or its inhabitants,
the License Collector then shall issue the permit required, provided,
however, that no solicitor's permit shall be issued until there has
been deposited with the License Collector for each person applying
for the right to solicit in the City, a corporate surety bond satisfactory
in form to the City Attorney, in the sum of $1,000, conditioned upon
the observance by applicant of all the provisions of this Code and
all laws of the State of California or the federal Government, and
upon the truth of all the representations made in connection with
the application for a permit, and as a guaranty that the purchase
price, or any portion thereof, of any article purchased or ordered,
will be returned to any purchaser or person ordering, upon return
of the article purchased or upon relinquishment of the order, and
upon proof that any false or misleading statement or representation
has been made concerning any personal property or any service or any
subscription sold or offered for sale to said purchaser, by the person
named in the bond.
[Ord. #856, § 6304]
Such permit shall be posted in a conspicuous place on the premises
where the business for which such permit is issued is conducted, and
shall remain so posted during the period the permit shall be in force.
[Ord. #856, § 6305]
No permit issued under this section shall be transferable except
by the consent of the Council.
[Ord. #856, § 6306]
The Chief of Police shall, upon the request of the Council,
investigate and report to the Council all facts or evidence bearing
upon the place where the proposed business is to be located and the
character, reputation and moral fitness of those who will be in charge
thereof.
[Ord. #856, § 6307]
When the Council shall issue any permit under the terms of this section, the same may be revoked or suspended at any time thereafter by the Council in the manner set forth in § 9-1.
[Added by Ord. #1497, § 6100.15B; Ord. #1515; Ord.
#1886, §§ 1 — 4]
a.
It shall be unlawful for any person or organization to operate a
carnival without first having obtained a permit in writing to do so
from the Parks and Recreation Commission. No carnival shall be open
on any date determined to be a school day in the City, except for
Fridays after 4:00 p.m. or during school vacations. The applicant
shall complete any and all application forms required by the City
and provide proof of any required insurance coverage prior to the
approval of the appropriate permit.
b.
An application processing and property inspection fee of $100 shall
be added to the existing fee structure.
c.
The $100 fee shall be deposited in the following account:
5300-3617 Processing and Inspection Fee.
d.
The Parks and Recreation Department will designate specific locations
for set-ups.
[Added by Ord. #1080, § 6498; Ord. #1137; Ord.
#1732, § 5]
Every person entering in and upon residential property within
the City, for the purpose of collecting or gathering anything of value;
or for the purpose of soliciting, and/or for the purpose of soliciting
orders for sale of services, goods, wares and merchandise, and/or
for the purpose of disposing of the same shall display to the resident
an identification card which shall be issued by the Police Department
unless it appears, in the determination of the Council, that such
issuance might be contrary to the peace, health or safety of the public.
Such card shall conform to the size and type prescribed by the Tax
and License Collector. No license to engage in any activity set forth
in this section shall be issued by the License Department until the
required identification card has been obtained.
Such identification card shall be issued for a period of one
year or for the remaining effective period of a City business license
held by such person, whichever is the shorter period.
Any person distributing commercial or noncommercial handbills in or upon private premises, as the terms "commercial handbill," "noncommercial handbill" and "private premises" are defined in Subsection 7-9.1 of this Code, under such circumstances as are authorized by Subsection 7-1.8 of this Code, shall wear upon his person, within view, an identification card issued in the same manner and for the same period and subject to all of the foregoing provisions.
[Added by Ord. #1080, § 6498.1; Ord. #1355; Ord.
#1393; Ord. #1564, § 1; Ord. #1670, § 1; Ord.
#1794, § 1; Ord. #1811, § 3; Ord. #1966, § 2]
Any person desiring to engage in any activity requiring an identification
card shall make an application in person to the Police Department.
Such application will be accepted only upon the payment of a fee in
the amount of $75 and shall be made between the hours of 8:00 a.m.
to 4:00 p.m. on any City business day.
An identification card and work permit are one in the same as
it relates to employees of the card club. The card club employees
must renew their work permits (identification cards) every two years
from the date of its issuance. The renewal fees for work permits and
identifications cards will be $25. All other identification cards
will expire as is provided in the Compton Municipal Code. The renewal
fee for identification that must be replaced due to being lost or
misplaced will be $25.
[Ord. #1080, § 6489.2; Ord. #1355; Ord. #1393;
Ord. #1564]
The provisions set forth in subsections 9-5.1 and 9-5.2 shall not apply to the following: persons distributing milk and other food products house-to-house where a license has been issued for an established route; all persons holding a valid vocational, occupational or professional license issued by the state provided such persons shall display evidence of such license to such residents; all persons who have not reached their sixteenth birthday; all persons entering in and upon residential property after first having been requested or invited so to do by the owner or occupant thereof; and all persons entering upon residential property for the purpose of obtaining satisfaction of a lawful obligation theretofor incurred by the occupant thereof.
[Added by Ord. #1080, § 6498.3; Ord. #1355; Ord.
#1393; Ord. #1564]
It shall be a misdemeanor, punishable as set out in Section
1200 of this Code, for any peddler or any other person to maintain,
exhibit, possess or otherwise display on a public street, alley-way,
sidewalk or vacant lot, without the express written consent of the
property owner, for the purpose of sale, or distribution to minors
and adults devices, contrivances, instruments or paraphernalia for
smoking or injecting marijuana, hashish, PCP, or any controlled substance,
other than prescription drugs or devices to ingest or inject prescription
drugs, including roach clips, and cigarette papers and rollers designed
and used for smoking the foregoing.
[Added by Ord. #1677, §§ 1, 2; Amended by
Ord. #1750, § 1; Ord. #1793, §§ 1, 2; Ord.
#1810, §§ 2, 3]
a.
The following fees shall be applicable to the furnishing of services
relating to copies of records (except as elsewhere provided by statute):
|
General Documents
|
Fee
|
Mail Request
| |
|---|---|---|---|
|
1.
|
Crime Report
|
$12
|
$14
|
|
2.
|
Traffic Report
|
$15
|
$17
|
|
3.
|
Photos
|
$33
|
$35
|
|
4.
|
Miscellaneous
|
$12
|
$14
|
|
5.
|
Fingerprint
|
$12
|
N/A
|
|
6.
|
Arrest Report
|
$12
|
N/A
|
|
The fee for the reproduction of miscellaneous reports not identified
under Government Code § 6254 (F), shall be $12. Miscellaneous
reports may include, but are not limited to booking slips, and any
other police report deemed not confidential and available for release
pursuant to laws and statutes regulating same.
|
|
(Mail order, $14.)
|
b.
Public records are available during office hours and every citizen
has a right to purchase any public record except those records exempted
from disclosure by Section 6254 and 6255 of the Government Code.
[1]
Editor's Note: Former Subsection 9-5.6, Sales of Frozen Desserts
From Vehicles During Darkness, previously codified herein and containing
portions of Ordinance No. 1385, was deleted in its entirety by Ordinance
No. 2243.
[Amended by Ord. #990, § 6497; Ord. #1107; Ord.
#1242]
It shall be unlawful for the owner, lessee, or party in possession
of any premises in the City to have therein or to remain thereon any
amusement machines, vending machines, music boxes, or like machines
unless such machines shall be registered in the office of the License
Collector. All such machines, so maintained shall bear a stamp, label,
or sticker furnished by the License Department indicating that the
machine is currently licensed and bearing the expiration date thereof.
[Ord. #856, § 6497.1; Ord. #990; Ord. #1107; Ord.
#1242]
In addition to the payment of the required license fee, the
following provisions shall apply to all such vending machines except
those which are located in any premises which are licensed by the
state for the "on sale" of distilled spirits or wine and beer:
a.
Such cigarette vending machines shall be inside a building, store,
or business establishment and situated therein that they are not accessible
to the public;
b.
No person shall operate or use such vending machines other than a
proprietor or employee of the building, store, or business establishment;
c.
It shall be the duty of all persons in charge of "on sale" liquor
establishments to see that no minor purchases cigarettes through any
vending machine on such premises.
[Added by Ord. #1107, § 6497.2]
Any machine maintained in violation of subsections 9-4.1 and 9-4.2, or maintained without having displayed thereon in a clearly visible place the aforesaid label or sign indicating that the license therefor is unexpired, shall be sealed by the License Collector to prohibit use or seized and held by any duly qualified officer of the City. Any machine so seized shall be redeemable only by the true owner, within a period of not to exceed 60 days, upon the payment of the reasonable value for the safekeeping of such machine, together with the license tax as herein provided for the period during which such machine was improperly maintained.
[Ord. #856, § 6490]
No auction house nor auctioneer license shall be issued or renewed
unless there is on file with the City Clerk a surety bond in the principal
sum of $2,000 which have been approved by the City Council as to sufficiency
and by the City Attorney as to form, and has been executed as surety
by a good and sufficient corporate surety authorized to do surety
business in the state, and as principal by the applicant for such
license, indemnifying any person against any loss through fraud or
misrepresentation. Any person licensed by the state and having deposited
a bond with said state shall not be required to file a bond with the
City Clerk, provided, however, that in such case, the City Clerk shall
make a record of the expiration date of such state bond, and note
such expiration date on the City license. Any City license for an
auction house or an auctioneer shall be revoked automatically whenever
either bond mentioned hereunder becomes ineffective for any reason,
unless the principal shall file a new surety bond in compliance herewith
prior to the date that such bond may become ineffective.
[Ord. #856, § 6490.1]
Any merchant within the City who desires to dispose of his entire
stock of goods at public auction may do so without securing a license
provided for herein, provided the merchant has been continuously engaged
in the business in the City for a period of one year next preceding
the date of the opening of the sale, and provided further than such
auction does not continue for a longer period than 30 days from the
date of such opening.
[Ord. #856, §§ 6491 — 6491.2]
As used in this section:
Shall mean each separate and distinct location or place where
bakery products are manufactured and baked.
Shall mean bread, rolls, pies, pastries, cakes, doughnuts
and coffee cake.
[Ord. #856, § 6491.3]
No person shall sell, take orders for, or deliver or operate
the business of handling bakery products in the City unless such bakery
products are produced and baked in a bakery which shall have been
duly licensed under this section, or unless such products are delivered
by vehicle licensed to deliver such products.
[Ord. #856, § 6491.4]
The Health Officer shall, as often as the safeguarding of the
public health in the City may reasonably require, regarding the sanitary
condition of, or to inspect and examine, all equipment, fixtures,
vehicles, apparatus and the plant and establishment handling or producing
any bakery products being handled, sold or merchandised in the City.
Before any license shall be issued to any applicant therefor, the
Health Officer shall first satisfy himself that the sanitary character
and condition of health and sanitation of the equipment, fixtures,
vehicles, apparatus and the plant and establishment and food handlers
concerned, in no way fail to meet the requirements of this section;
and having so satisfied himself, the Health Officer shall issue his
order directed to the License Collector authorizing the issuance of
the license applied for.
[Ord. #856, § 6491.5]
Every handler of any bakery product shall, upon request of the
Health Officer submit to a physical examination by the Health Officer
and shall have an examination as often as the safeguarding of the
public health in the City may require; and shall in the matter thereof
render the Health Officer such information and other assistance and
shall do such other things as may be necessary to enable the Health
Officer to determine whether or not such person is suffering from
or has any communicable disease; and no licensee under this section
shall exercise any privileges as such hereunder by and through any
handler of foodstuffs as such who is found by the Health Officer under
this section to be suffering from a communicable disease, until such
person shall cease to suffer from such disease and shall be by the
Health Officer found to be free therefrom and shall thereafter be
by order of the Health Officer authorized to further act as a handler
of bakery products under this section.
[Ord. #856, § 6491.6]
No licensee shall permit any bakery products to be by said licensee
handled, sold, delivered or merchandised in the City where the same
has been produced, baked or handled in or by any bakery or baking
establishment or person, found by the Health Officer, at the time
of this production, baking or handling thereof by such bakery or baking
establishment or person, to be a place or persons of such unsanitary
or unhealthy character, condition or nature that the consumption of
said bakery products as a result thereof would be injurious or harmful
or a menace or danger to the health of the consumer thereof.
[Ord. #856, § 6494]
As used in this section:
Shall mean a seat located upon public way for the accommodation
of passersby or persons awaiting transportation.
Shall mean any public thoroughfare or way including the sidewalk,
the parkway and any other public property bordering upon a public
way.
[Ord. #856, § 6494.3]
A separate permit must be obtained for each bench, which permit
shall be valid only for the particular location specified thereon.
Each permit shall bear a separate number.
[Ord. #856, § 6494.4]
In addition to the information required under § 9-4, the application for a permit shall show:
a.
Name and address of the applicant who must be the owner of such bench.
b.
Location of the bench.
c.
The number of bench permits held by applicant at time of making application
and the respective numbers of such respective permits.
d.
A description of the bench showing its type, general dimensions,
and material of construction.
e.
The written consent of the owner or person in lawful possession or
control of any improved property abutting upon the public streets
at the place where the bench is proposed to be located, giving his
consent to the installation and maintenance of the bench; or a statement
that such property is unimproved.
f.
A description or statement indicating the nature of the advertising,
if any, to appear thereon, and the area or areas upon such bench where
such advertising is to appear.
g.
A statement by applicant that applicant is familiar with the provisions
of this Part as same exists at the date of said application, approves
the same, and if granted the permit applied for, will observe, and
abide and be bound by, such provisions.
[Ord. #856, § 6494.5]
Each application must be accompanied by an inspection fee of
$1 for each bench in addition to the permit fee required under §
9-4a1.
If the application be granted, a minimum fee of $25 shall be
collected, which shall be the fee for permits for not more than 10
benches and for each permit granted for benches in excess of 10 in
number, an additional fee of $2 shall be collected. Fees to be collected
at the time of the issuance of the permit or permits.
Each permit and each renewal permit shall expire on June 30
next following the date of its issue unless renewed. The minimum fee
of $25 shall be charged and shall be paid for renewal of each permit
or permits up to 10 in number, and a fee of $2 for each permit for
a bench in excess of 10 in number.
Application for renewal shall be made prior to the expiration
date of permit, and must be accompanied by the renewal fee, otherwise
a new permit must be filed and a new inspection fee and permit fee
must be paid.
Whenever a bench for which a permit has been issued has been
sold, or title or control thereof is transferred, a new permit shall
be obtained by the new owner for its location and maintenance.
The License Collector shall not collect the fees provided for
in this section where a single permit is sought and obtained by the
occupant of premises for a bench to be erected and maintained on the
premises occupied by the applicant, but such occupant shall comply
with all the other provisions of this section.
[Ord. #856, § 6494.6]
No permittee shall locate or maintain any bench at a point or
location other than that specified therefor in the permit for such
bench. It shall be the duty of the permittee to maintain each bench
at all times in a safe condition, and at its proper and lawful location,
and to inspect each bench at frequent intervals.
[Ord. #856, § 6494.7]
No advertisement, sign, printing, or writing on any bench shall
display the words "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other
word, phrase, symbol, or character calculated to interfere with, mislead,
or distract traffic.
[Ord. #856, § 6494.8]
a.
After the revocation of any permit required by the provisions of Subsection 9-9.2, the City may remove and store the bench if the permittee fails to do so within 10 days after notice to so remove.
b.
The permittee may recover the bench if, within 60 days after the
removal, he pays the cost of such removal and storage, which shall
not exceed $2 for removal and $5 per month for storage for each such
bench. After 60 days the City may sell, destroy, or otherwise dispose
of the bench at its discretion. All of the foregoing shall be at the
sole risk of the permittee and shall be in addition to any other remedy
provided by law for violations of the provisions of this section.
[Ord. #856, § 6469.9]
a.
No permit shall be issued pursuant to the provisions of this section
unless the applicant shall post and maintain with the City a surety
bond or policy of public liability insurance approved by the City
and conditioned as provided in this section. Such bond or policy shall
be filed with the City Clerk.
b.
The bond or policy shall be conditioned that the permittee will indemnify
and save the City and its officers and employees from any and all
loss, costs, damages, expenses, or liability which may result from
or arise out of the granting of the permit, or the installation or
maintenance of the bench for which the permit is issued, and that
the permittee will pay any and all loss or damages which may be sustained
by any person as a result of, or which may be caused by or arise out
of, such installation or maintenance. The bond or policy of insurance
shall be maintained in its original amount by the permittee as his
expense at all times during the period for which the permit is in
effect. In the event two or more permits are issued to one permittee,
one such bond or policy of insurance may be furnished to cover two
or more benches, and each bond or policy shall be of such a type that
its coverage shall be automatically restored immediately from and
after the time of the reporting of any accident from which liability
may thereafter accrue.
c.
The limit of liability upon any bond or policy of insurance posted
pursuant to the requirements of this section shall in no case be less
than $50,000 for property damages, $250,000 for injuries to any one
person, and $500,000 for injuries arising out of any one accident.
[Ord. #856, § 6494.10]
The License Collector shall keep and maintain an index file
of all permits granted or renewed pursuant to the provisions of this
section.
[Ord. #856, § 6494.11]
The License Collector, the Street Superintendent, and the Chief
of Police shall enforce the provisions of this section.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 856 and 1368.
[Ord. #1877, § 1; Ord. #1962, § 1; Ord.
#2050, § 1]
As used in this section, the words and phrases hereinafter set
forth shall have the following meanings ascribed to them unless the
context clearly requires to the contrary:
a.
APPLICANT – Shall mean any person or entity who has applied
for a license to operate a card club in the City.
b.
CARD CLUB – Shall mean a business or enterprise licensed under the provisions of this section for the playing of the games described in Subsection 9-10.1f.
d.
CITY – Shall mean the City of Compton and its representatives,
including, but not limited to:
1.
Chief of Police. Chief of Police shall mean and include the designated
representative of the Los Angeles County Sheriff's Department or other
local authorized law enforcement agency, as applicable.
2.
City Manager. City Manager shall mean the City Manager of the City
of Compton or any designee, assistant or agent.
e.
COUNCIL – Shall mean the City Council of the City of Compton.
f.
GAME OR GAMES – Shall mean all games regulated by § 330
of the California Penal Code (whether or not cards are used) which
are not prohibited by state law.
g.
LICENSE – Shall mean a license for the operation of a card
club.
h.
LICENSEE – Shall mean the person or entity to whom a license
has been issued by the operation of a card club pursuant to this section
and/or in matters of operation, administration, organization, record-keeping,
monitoring or enforcement, all designees, agents and employees.
i.
OWNER – Shall mean every person, firm, association, corporation,
partnership, or other entity having any interest, whether legal, equitable
or of any other kind or character, in any card club or license.
j.
RELATED BUSINESS – Shall mean business activities occurring
at a card club other than the playing of the games, such as entertainment,
dancing, the sale of food, beverages (including alcoholic beverages
for consumption on the premises), sundries and other items and the
provision of services such as barber shop services.
[Ord. #1877, § 1; Ord. #2019, § 3; Ord.
#2122, § 1]
a.
It shall be unlawful for any person or entity to commence or conduct,
or purport to commence or conduct, within the City any business, activity,
enterprise, or undertaking used for the playing of any games for which
a fee, commission, or compensation is directly or indirectly charged
to or accepted or received from players or participants in any such
playing of games until such person or entity has first obtained a
license in compliance with the provisions of this section.
b.
The location of the card club license shall be restricted to commercial
or industrial zones and shall be determined by the City Council by
resolution thereof.
[Ord. #1877, § 1]
a.
Filing of Application. Any person or entity desiring to conduct a
card club shall file with the City Clerk a written application for
a license. The application shall be executed under penalty of perjury
and shall contain, in addition to all other information that the City
Clerk may require, the following information and material:
1.
An official receipt from the City Treasurer, indicating payment in full of the application fee and license fee deposit as required by Subsection 9-10.4;
2.
The date of the application;
3.
The true name of the applicant;
4.
The status of the applicant as being an individual (or two or more
individuals), firm, association, corporation, partnership, joint venture
or other entity;
5.
The residence and business address of each individual applicant;
6.
The name, residence, and business address of each of the partners,
shareholders, and principal officers and directors of any non-individual
applicant;
7.
The business and employment history of the applicant(s) and each
proposed manager of the card club, including a list of all places
of previous residence;
8.
The proposed location for the card club;
9.
A list of the games to be played (which list shall be updated whenever games are added or eliminated) and a statement that the games to be played shall be the games described in Subsection 9-10.1f only, and that no other games are proposed;
10.
The number of tables or other units to be used in the card club;
11.
A description of any related businesses proposed to be conducted
at the same location (which list shall be updated whenever related
businesses are added or eliminated);
12.
A description of the building in which the card club is to be located;
13.
A development site plan and floor plan conforming to submittal standards
maintained by the City Planning Department;
14.
In the event the proposed premises are partly or wholly owned by
persons or entities other than the applicant, the names and addresses
of such other persons or entities and complete information pertaining
to the nature and percentage of ownership;
15.
A one-year detailed cash flow projection, a pro forma financial statement,
a statement of pre-opening cash, a financing plan and copies of all
loan agreements of the applicant;
16.
A full and complete financial statement and most recent annual income
tax return of the applicant, and a full and complete financial and
invested capital statement of each person who is a limited partner,
general partner, officer or director of the applicant;
17.
A statement that the applicant understands and agrees that the application
shall be considered by the Council only after full investigations
and reports have been made by all applicable City staff;
18.
A complete listing of all criminal arrests and convictions of the
applicant and each partner, shareholder, officer and director of the
applicant, if any, not including traffic offenses, with explanations
therefor;
19.
A statement that the applicant understands and agrees that any business
or activity conducted or operated under any license shall be operated
in full conformity with all the laws of the state and the laws and
regulations of the City applicable thereto, and that any violation
of any such laws and regulations in such place of business, or in
connection therewith, shall render any license subject to immediate
suspension or revocation;
20.
A statement that the applicant has read the provisions of this section
and particularly the provisions of this subsection, understands the
same and agrees to abide by all rules and regulations contained in
this section.
b.
Investigations and Reports. Whenever an application for a license
has been filed with the City Clerk, the City Clerk shall determine
whether such application is complete and whether licenses are available
pursuant to this section. If the application is determined to be complete,
there are licenses available and no other application is then being
processed, the City Clerk shall immediately refer such application
or a copy thereof to the City Manager's Office, where appropriate
City staff shall promptly and diligently make an investigation as
follows:
1.
A full and complete investigation as to the identity, character and
background of the applicant and the applicant's partners, officers,
directors, management, and staff;
2.
A full and complete investigation of the building and location where
the applicant proposes to conduct the card club business;
3.
A full and complete evaluation of the security and law enforcement
requirements of the premises;
4.
A comprehensive evaluation of the applicant's financial ability to
successfully comply with the financial requirements of the proposed
card club;
5.
A comprehensive evaluation of all public health, welfare and safety
matters concerning the proposed card club.
|
The City Clerk and/or the City Manager may request that the
applicant provide additional relevant information or data not included
in the application. Reports of the investigations required or authorized
herein shall be prepared by the City Manager and submitted to the
Council within 90 days from the date upon which the City Clerk has
certified the application as full and complete.
|
c.
Burden of Proof. The burden of proving his qualifications to receive
a license is at all times on the applicant. By filing the application,
the applicant accepts any risk of adverse public notice, embarrassment,
criticism, or other action or financial loss which may result from
action with respect to the application and expressly waives any claim
for damages as a result thereof.
d.
Obligation to Provide Information. An applicant may claim any privilege
afforded by the Constitution of the United States in refusing to answer
questions by the Council. However, a claim of privilege with respect
to an application shall constitute sufficient grounds for denial of
the application.
e.
Identity of Owners. The applicant shall also file with the City Clerk
a list of the names and addresses of all of the owners. The Chief
of Police shall determine whether or not an investigation of any owner
should be made by a teletype search of the records of the State Criminal
Investigation and Identification Unit in Sacramento, California, or
otherwise.
f.
Statements Confidential. Personal financial information and home
telephone numbers and addresses required to be submitted as part of
an application pursuant to this section shall be confidential and
not available for public inspection, except as may be required by
law.
[Ord. #1877, § 1]
The application fee and license fee are for both regulation
and revenue purposes and are levied pursuant to the authority of applicable
laws. An application for a license shall be accompanied by fees and
deposits, payable to the City in cash or a cashier's check, as follows:
a.
An application fee of $25, which shall be retained by the City to
pay the costs of the investigation of the applicant and the building;
and
[Ord. #1877, § 1]
Concurrently with filing the application, the applicant and
each owner shall be fingerprinted and photographed by the Chief of
Police.
[Ord. #1877, § 1]
If the Council determines that a landlord or financier, by reason
of the extent of his holdings or his inherent control financially,
cannot, in fact, be separated from the card game business and that,
as a practical matter, a single entity exists regardless of the form
of organization, it may require that the landlord or financier submit
a full application.
[Ord. #1877, § 1]
The Council shall not be required to consider any application for a license until such time as the City staff reports have been filed with the Council. In the event that any of such reports are not filed within the time provided in Subsection 9-10.3b herein, the Council in its sole discretion may proceed further without such reports or may extend the time in which such reports may be filed but in no event for more than an additional 90 days.
[Ord. #1877, § 1]
a.
Within 30 days after all staff reports have been filed, the Council
shall schedule a public hearing on the application.
b.
Not less than 10 days prior to the hearing date, the City Clerk shall
mail notice of the hearing to the applicant and all owners of property
within a 1,000-foot radius of the exterior boundaries of the proposed
card club site, using for that purpose the last known name and address
of such owners as shown upon the assessment roll of the County of
Los Angeles, and shall cause notice of the hearing to be published
once in a newspaper of general circulation in the City. Such notices
shall contain a description of the proposed card club site, the nature
of the license applied for and the time and place of the public hearing.
The failure of any owner to receive any notice duly mailed shall not
affect, in any way, the validity of any of the proceedings undertaken
by the council pursuant to this section.
[Ord. #1877, § 1]
The Council may, in its discretion, deny any application if
the council finds, following the hearing, that the applicant has not
complied with any requirement of this section or for any of the following
grounds or reasons:
a.
Indictment or conviction of any crime of violence, any crime involving
fraud, gambling, thievery or bunco, moral turpitude, or evasion of
taxes, or any other offense indicating a lack of business integrity
or business honesty, whether committed in the State of California,
or elsewhere, whether denominated a felony or a misdemeanor, and notwithstanding
the passage of time since the conviction;
b.
Failure to satisfy the Council as to the applicant's good character,
honesty or integrity, either through the applicant's actions or through
association with others;
c.
Failure to satisfy the Council as to the source and adequacy of funds
to be invested in the proposed venture;
d.
Prior unsuitable operation as a card club licensee in another jurisdiction
without regard to whether disciplinary action was taken at that time
or whether the acts were sufficient to justify revocation of a license;
e.
Making or causing to be made any statement in an application or document
or orally in connection with an application, which statement was at
the time and in the light of the circumstances under which it was
made false or misleading;
f.
Lack of a satisfactory record of business competence and business
ethics and integrity;
g.
Failure of any person named in an application when summoned by the
Council to appear and testify before it or its agent at the designated
time and place;
h.
Deficient security and law enforcement accommodations and facilities.
[Ord. #1877, § 1]
In approving an application for a license, the Council may impose
conditions upon such license in addition to the requirements contained
herein. The City Clerk shall provide to the applicant a copy of the
City's acceptance form, which shall state that the applicant is aware
of and will abide by all conditions imposed by the Council. Upon receipt
of the acceptance form signed by the applicant, the City License Collector
shall thereupon issue the license, which shall be for a term of 25
years from the date on which it was issued, unless revoked by the
Council pursuant to the provisions hereof or surrendered by the licensee.
In the event of the surrender, suspension, revocation or expiration
of the license, no portion of any license fee or deposit shall be
refunded. Not more than one year nor less than six months prior to
the expiration of a license, the licensee may file with the City Clerk
an application for renewal of the license.
[Ord. #1877, § 1]
a.
On the date the card club opens for business, the licensee shall pay to the City a license fee in the sum of $12,500 for the calendar quarter in which operations commence. Such initial fee shall be credited from the license fee deposit as described in Subsection 9-10.4b. No proration or refund shall be made of the initial fee under any circumstances.
b.
After the calendar quarter in which operations commence, a license
fee in the sum of $12,500 shall be paid quarterly in advance on January
1, April 1, July 1, and October 1 of each calendar year, continuing
so long as the card club remains licensed to do business in the City
and subject to such changes in amount or duration as may later be
imposed by the Council.
c.
Fees paid pursuant to this section become the absolute property of
the City and shall not be refunded to the licensee except as specifically
provided herein, nor shall such fees be prorated in any manner whatsoever
in the event of cessation of business by the licensee, whether voluntary
or involuntary.
[Ord. #1877, § 1; Ord. #2045, § 1]
a.
In addition to the quarterly license fee prescribed by Subsection 9-10.11 of the Compton Municipal Code, each licensee shall pay to the City a monthly fee, which shall be a percentage of the total monthly gross revenue of the card game business using the table contained herein.
This fee shall be the greater of (i) the amount required by
said table or (ii) $104,166.66 per month ("Minimum Gross Revenue License
Fee"), except as provided in Paragraph 1(a) and 1(b) below. This fee
shall be paid to the Office of the City Treasurer by 5:00 p.m. on
the 10th day of each month. A penalty of 10% of the amount owed shall
be charged for submittal after the 10th day of the month, excepting
those months affected by the following sentence. For those months
where the 10th day of the month falls on a Friday, Saturday, Sunday
or legally recognized holiday said months' fee shall be due the next
business day by 5:00 p.m.:
|
Total Monthly Gross Revenue
|
Monthly Fee
|
|---|---|
|
Less than $300,000
|
5.7%
|
|
$300,000.01 to $400,000
|
6.7%
|
|
$400,000.01 to $1,200,000
|
7.7%
|
|
$1,200,000.01 to $3,000,000
|
10.0%
|
|
$3,000,000.01 to $7,000,000
|
12.0%
|
|
$7,000,000.01 and over
|
14.0%
|
1.
In those instances where a licensed card club operator has made an
advance on future monthly gross revenue license fees, the advance
payment shall be refunded to the licensee as follows:
(a)
For the first six months after the card club opens, the gross revenue license fee required by Subsection 9-10.12 shall be reduced by 100% of gross revenue license fees in excess of $166,666.66 as a credit toward repayment of the advance payment.
(b)
Any remaining balance existing on January 1, 2001 in the licensee's
advance payment of gross revenue license fees account shall be credited
in an amount equal to 100% of the monthly gross license fees as determined
by utilizing the gaming tax table appearing above, with respect to
satisfaction of the advance payment until such advance payment is
fully earned by the City.
b.
Upon review of any audit or other yearend report required under the audit plan described in Subsection 9-10.13, the City Manager shall cause to be conducted an evaluation of the gross revenue license fee set forth herein. The Council may by resolution adjust the gross revenue license fee, provided that such fee shall not exceed the highest such fee paid by a licensed card club located within a 50 mile radius of the card club.
[Ord. #1877, § 1; Ord. #1962, § 2]
a.
Each licensee shall make and maintain complete, accurate and legible
records of all transactions pertaining to revenue subject to taxes
and fees imposed by this section. Such records shall include but not
be limited to a general ledger maintained in accordance with generally
accepted accounting principles, together with appropriate supporting
records such as cash receipts and disbursements logs and journals,
payroll journals, canceled checks and original paid invoices. Such
general ledger shall be maintained in a fashion suitable for producing
financial statements in accordance with generally accepted accounting
principles. Such records shall be maintained for at least three fiscal
years and shall be maintained on the premises of the card club and
made available for examination and copying by the City or its agents,
except there is no obligation to retain bar and restaurant patron
tickets.
b.
In the event information requested of a licensee can be furnished
only by someone other than the licensee (such as a landlord, supplier
or an accountant), the licensee shall make every bona fide effort
to obtain such information as requested and furnish the same or have
it furnished directly by the person who has the information available.
c.
In addition to such information and data required by this regulation,
each licensee shall maintain the following:
1.
If a partnership or corporation:
(a)
A schedule showing the dates of capital contributions, loans
or advances, the names and addresses of the contributors and percentage
of ownership interest held of record by each.
(b)
A record of the withdrawals or distributions of funds or assets,
to partners or stockholders.
(c)
A record of salaries paid to each partner, stockholder and key
management employees.
(d)
A copy of the partnership or corporate agreement, certificate
of limited partnership and accurate corporate stock transfer book,
if applicable.
(e)
Copies of any and all public filings required by the Securities
Exchange Commission.
3.
The records required to be kept by this regulation shall be in ink
or any other permanent form of recordation.
d.
The licensee shall allow the City Manager unrestricted access to
all books, records and facilities pertaining to the card club, including,
but not limited to, cash-counting rooms. Any information obtained
pursuant to this section or any statement filed by the licensee shall
be deemed confidential in character and shall not be subject to public
inspection except in connection with the enforcement of the provisions
of this section. It shall be the duty of the City Manager to preserve
and keep such statements so that the contents thereof shall not become
known except to the persons charged by law with the administration
of the provisions of this section or pursuant to the order of any
court of competent jurisdiction.
e.
Each licensee shall file with the City on or before the 15th day
of each calendar month a statement, under oath, showing the true and
correct amount of gross revenue derived from operation of the card
game business during the preceding month. Such statement shall be
accompanied by the payment of the correct amount of gross revenue
license fee due and owed in accordance with the provisions of the
license approved by the Council. A certification, signed by the licensee,
shall be attached to the statement, declaring under penalty of perjury
that it is true and correct. The licensee shall also provide the City
with a copy, to be updated annually, of its procedures for administrative
control, record-keeping and internal accounting.
f.
At the end of each fiscal year, the licensee shall employ, at its
expense, a nationally recognized firm of certified public accountants
to conduct an audit of the licensee's financial records in accordance
with generally accepted auditing standards. Such audit shall conclude
with the expression of the auditor's opinion on the financial statements
compliance with generally accepted auditing principles. The auditor
shall express a separate opinion on the computation of the licensee's
gross revenues and related permit fees paid to the City for the period
then ended.
g.
Such audit report shall be filed with the City Manager no later than
120 days after the fiscal year-end. In the event that such evaluation
discloses material weaknesses or reportable conditions in the licensee's
system of internal accounting and administrative controls, the licensee
shall submit a program to the City Manager within 30 days of such
evaluation outlining the licensee's program to correct such weaknesses
or conditions. All reports or evaluations submitted hereunder shall
be confidential and shall not be available for public inspection.
h.
Any failure or refusal of the licensee to file any statement within
the time required, to pay any license fee when due, or to permit inspection
of the books, records, accounts and reports of such licensee shall
constitute full and sufficient grounds for the revocation or suspension
of the license of that licensee in the sole discretion of the Council.
[1]
Editor's Note: Former Subsection 9-10.14, Number of Licenses
Limited, previously codified herein and containing portions of Ordinance
No. 1877 was repealed in its entirety by Ordinance No. 1986.
[Ord. #1877, § 1]
No license for a card club or any interest therein shall be
transferred or assigned in whole or in part except in accordance with
this section. Any proposed transfer or assignment of any license shall
be considered for all purposes as a new application for a license,
and all the provisions of this section applicable to new and original
applications shall apply.
[Ord. #1877, § 1]
In the event that the card club business is located on property
not wholly owned by the licensee, the licensee shall notify the City
Manager of any change in the ownership of any portion of the premises
at least 30 days before such change, or, if the licensee is not a
party to the transaction effecting the change of ownership, immediately
upon acquiring knowledge of such change of ownership.
[Ord. #1877, § 1]
No transfer, assignment or sale of any ownership interest in
any card club, regardless of the manner in which title is held, shall
be made without prior written notification to the City Manager, which
notification shall be accompanied by a copy of the application for
initial registration filed by the transferee with the California Department
of Justice. The City Manager shall determine whether or not such transfer
shall be brought to the attention of the Council and shall so notify
the licensee within 30 days after receipt of the notification of the
proposed transfer. In the event that the transfer represents more
than 5% of the total of all interests in the card club, the City Manager
shall notify the Council. In the event of notice to the Council, the
transfer shall not become effective until the Council has conducted
such further investigations or hearings as it shall determine. If
the Council conducts a hearing on the proposed transfer, its approval
or disapproval shall be based upon the same standards as an application
for a license.
[Ord. #1877, § 1]
a.
Any owner who is convicted of a misdemeanor involving moral turpitude
or a felony shall divest himself of such ownership interest within
120 days after the service of a notice of divestiture by the City.
Upon receipt of a notice of divestiture, the recipient may request
in writing a hearing before the Council to appeal the notice and request
a waiver of the Council to appeal the notice and request a waiver
of the divestiture requirement. A hearing shall be scheduled before
the Council within 30 days after the receipt of such request. Upon
the conclusion of the hearing, the Council may disregard the conviction
or take other action if it is determined by the Council that mitigating
circumstances exist and that the public interest will be adequately
protected.
b.
The decision of the Council shall be final and conclusive. Failure
to comply with the provisions of this section shall constitute a misdemeanor,
punishable by a fine or imprisonment. Each day of noncompliance shall
constitute a separate and complete offense. In addition, the City
Attorney may invoke any appropriate civil remedies available to enforce
compliance.
c.
No person required pursuant hereto to divest his or her interest
in a card club may transfer the same to his or her spouse, children,
siblings, or parents or to his or her spouse's children, siblings,
or parents.
[Ord. #1877, § 1]
All licenses shall be subject to:
a.
Suspension by the Chief of Police immediately whenever the Chief
of Police is convinced that there has been a breach, violation, failure
of compliance, or disregard of any of the provisions of this section
or any of the rules or regulations established by the Council with
reference to the card game business, activities authorized or licensed
by the provisions of this section, the premises wherein the card club
is located or the manner in which such card game business or activities
are being conducted. Such suspension by the Chief of Police shall
not exceed 14 days and shall terminate at the end of such period unless
the Council has ordered the suspension continued.
b.
The Council may suspend any license until the Council can hold a public hearing to consider revocation of the license, but not longer than seven days. In no event shall any suspension have a duration in excess of 21 days unless such suspended license has been duly revoked by the Council following a revocation hearing as provided in Subsection 9-10.21 of this section.
[Ord. #1877, § 1]
A license may be suspended by the Council following a revocation hearing as provided in Subsection 9-10.21 for such period as the Council shall determine in the event a criminal complaint or grand jury indictment has been issued which involves moral turpitude or dishonesty. The Council may provide in the resolution of suspension that the license shall be revoked in the event that a conviction on such charges is obtained or reinstated in the event that the charges are dismissed.
[Ord. #1877, § 1]
Upon receiving information of the presence of possible grounds for revocation, the Council shall set a public hearing and give the licensee at least 10 days' written notice thereof, together with a summary of the grounds alleged. Any suspension of the license by the Chief of Police shall require the setting of a public hearing. At the public hearing, the licensee shall be accorded the right to question and cross-examine all witnesses and to testify and submit any evidence. The licensee may require attendance of witnesses by requesting the issuance of subpoenas by the Council at least 24 hours prior to the hearing. The Council may impose conditions or limitations upon any license in lieu of revocation following a hearing as provided in Subsection 9-10.21. Any action of the Council following the hearing shall be final. In the event that the matter constituting possible grounds for revocation has been corrected, the Council shall not be required to set the matter for public hearing or may cancel a hearing if previously scheduled.
[Ord. #1877, § 1]
Any license issued pursuant to the provisions of this section
may be revoked by the Council on the basis of any of the following:
a.
Failure of the licensee to comply fully with the provisions of this
section or any requirement or condition imposed by the Council or
by any other applicable federal, state and local law and regulation;
b.
Filing of any document by the licensee untruthfully or which in any
degree misrepresented any matter by failure fully to provide the requested
information;
c.
Obtaining the license by wrongful or fraudulent means;
d.
Use of the license for a different purpose than that for which it
was issued or in violation of this section;
e.
Conviction of any licensee for an offense involving moral turpitude
or dishonesty;
f.
Creation of a public nuisance or police problem;
g.
Permitting persons who are under the influence of any intoxicating
liquor or drug to participate in games;
h.
Failure to conduct advertising and public relations activities in
accordance with decency, dignity, good taste, honesty and inoffensiveness;
i.
Association with others where the repute of the City is liable to
be damaged;
j.
Employing in any card club any person whom the Council or any court
has found guilty of cheating or using any improper device in connection
with any game, whether as a licensee or player at a licensed game,
as well as any person whose conduct of a licensed game as an employee
of a licensee resulted in revocation or suspension of the license
of such licensee;
k.
Failure to conduct the card club in accordance with proper standards
of custom, decorum and decency;
l.
Permitting any type of conduct in the card club which reflects or
tends to reflect on the repute of the City and acts as a detriment
to card club activity in the City.
[Ord. #1877, § 1; Ord. #1962, § 3]
a.
A licensee may exclude or eject from the premises of the card club
any person who is reasonably suspected of or who is engaged in or
has been convicted of bookmaking, loansharking, sale of controlled
substances, illegal gambling activities, cheating or prostitution
or whose presence in or about such card club would be inimical to
the interest of legitimate gaming. The licensee must show, by direct
or circumstantial evidence, knowledge that such a violation has occurred
or a reasonable belief that such a violation is about to occur. Pursuant
to any investigation of a violation of this section, the licensee
may detain any person at the security office of the card club. The
licensee may temporarily exclude or eject any person during the pendency
of an investigation by the licensee regarding a violation of this
section, provided, however, that said investigation and temporary
exclusion shall run no longer than 90 days from the date of exclusion.
b.
As used in this subsection, the following items, which are in no
way meant to be exhaustive, shall be deemed to be inimical to the
interests of legitimate gaming:
1.
Violation of any card club rule.
2.
Violations of any law or ordinance.
3.
Behavior that would indicate that the person is under the influence
of a drug, narcotic or alcohol.
4.
Loud, boisterous or other disruptive behavior.
5.
Swearing or using profane language.
6.
Failure to abide by instructions or orders of licensee's employees,
agents or management personnel, issued pursuant to state or City laws
or rules of the card club.
7.
Loitering.
8.
Panhandling.
c.
No person shall be excluded or ejected on the grounds of race, color,
creed or sex.
[Ord. #1877, § 1]
In the event of the suspension or revocation of the license,
no part of any license fee paid by the licensee shall be refunded.
[Ord. #1877, § 1]
In the event of the revocation of a license, no new license shall be issued to such licensee except upon application made pursuant to Subsection 9-10.3 as if the licensee were a new applicant.
[Ord. #1877, § 1; Ord. #1962, § 4; Ord.
#2019, § 4; Ord. #2115, § 1]
a.
It shall be unlawful for any licensee to employ any person or to
allow any person to do business on the premises who is not the holder
of a valid registration card or work permit issued by the Chief of
Police. No registration card or work permit shall be issued without
such person having first been fingerprinted for a criminal history
background check by the Department of Justice and photographed by
the City of Compton Police Department, and the submission of a certified
copy of the results of a drug test conducted within the previous 72
hours by a licensed laboratory approved by the Chief of Police.
In recognition of the delays, which may be encountered in obtaining
all information on each applicant, the Chief of Police is hereby authorized
to issue temporary registration cards or work permits, which shall
be issued under the terms and conditions to be determined by the Chief
of Police.
b.
Every licensee shall, before employing any person, ascertain that
such person holds a valid registration card or work permit issued
in accordance with this regulation, and shall cause his or her employment
records to reflect such fact.
c.
Applications for registration cards or work permits shall be lodged
with the City of Compton Police Department. Upon being provided with
the required information concerning the employment of any person,
the Chief of Police shall investigate the applicant. The Chief of
Police may refuse to issue or revoke a registration card or work permit
for any of the following grounds or reasons, without being limited
thereto, or for any other reason consistent with state or federal
law:
1.
Indictment or conviction for any crime punishable as a felony.
2.
Conviction for any misdemeanor involving violence, dishonesty or
moral turpitude.
3.
Conviction or other form of discipline for any act involving fraud,
gambling, loan sharking, bookmaking, money laundering, embezzlement,
thievery, bunco, moral turpitude, evasion of taxes, or otherwise indicating
a lack of business integrity or honesty, whether committed in the
State of California, or elsewhere, whether denominated a felony or
a misdemeanor, and notwithstanding the passage of time since the conviction.
4.
Association of the applicant with criminal profiteering activity
or organized crime as defined by Section 186.2 of the California Penal
Code.
5.
Identification by any law enforcement agency, legislative body or
crime commission as a member of, or an associate of, organized criminal
elements.
6.
Making, or causing to be made, any statement in an application or
document or orally in connection with the application, which statement
was, at the time and in light of the circumstances under which it
was made, knowingly false or misleading.
|
If the investigation reveals convictions or conduct of the type
described herein, or evidence of substance abuse, the Chief of Police
may refuse to issue or revoke a registration card or work permit,
in which event the Chief of Police shall immediately notify the licensee
in writing of the denial or revocation. In the event the Chief of
Police notifies the licensee that a registration card or work permit
will not be issued to a person, or that the registration of any person
is revoked, then the licensee shall immediately discharge such person.
|
d.
Following issuance of the registration card, whether permanent or
temporary, the person issued the card shall be required to prominently
display the card on the outermost garment at all times while working
on the premises.
e.
No registration card or work permit shall be issued to any applicant
who has been denied a work permit by the State of California, and
the duly constituted state regulatory authority shall be permitted
to object to registration of any applicant or employee, in which event
the registration card or work permit shall be denied or revoked.
f.
It shall be the responsibility and duty of the Chief of Police to
establish the necessary procedures to implement and administer the
provisions of this section. The information received by the Chief
of Police shall be treated as confidential and shall be accessible
only to the City Council, the City Manager, the Chief of Police, and
the licensee.
g.
If an application for a registration card or work permit is denied,
suspended or revoked, the applicant may appeal such denial, suspension
or revocation by written notice to the City Manager or a designee.
1.
The City Manager or designee shall cause a hearing to be held before
a hearing officer within 30 days.
2.
The hearing officers shall be unrelated to the City or any of its
officers or employees and shall be an attorney, qualified arbitrator
or retired judge.
3.
The hearing officer shall schedule and conduct all hearings in accordance
with the rules and regulations established by the City Manager or
designee.
4.
The hearing officers shall approve, conditionally approve or deny
the appeal, in writing, within 10 days of the conclusion of the hearing.
5.
The decision of the hearing officer shall be final.
6.
The entire cost of the appeal, including the hearing officer's fee
and an administrative fee of $500 shall be paid by the applicant.
[Ord. #1877, § 1; Ord. #1962, § 5]
The City and its authorized governmental officials shall have
full authority to inspect and monitor all card club and accessory
premises, operations and facilities to prevent fraudulent acts and
to verify compliance with all provisions of this section and state
and federal law.
a.
Access and Visibility of Premises. It shall be the responsibility
of the licensee to maintain and enforce the following regulations:
1.
All "card rooms" shall be accessible and visible to all patrons and
shall have no less than eight tables per room. The playing of all
games shall be confined entirely to one floor which shall be designated
as the "playing floor," and no playing of any game shall be permitted
at any location other than a designated card room approved by the
Chief of Police on the card club premises. No card game shall be permitted
in any restaurant or lounge.
2.
No person under the age of 21 years shall be permitted to play any
game authorized by this section.
3.
No person under the age of 21 years shall be permitted inside a card
room or card playing area.
4.
No person, other than players and card club employees displaying
valid photo registration cards, shall be permitted in any card room
or card playing area. Spectators and those waiting to play shall be
excluded from all card rooms and card playing areas in a manner that
clearly defines, controls and delineates one area from the other and
that shall be approved by the Chief of Police.
5.
No individual player or other unauthorized person shall enter any
secure areas within the card club site.
6.
Each card room shall have facilities that will permit authorized
governmental officials to observe all portions thereof on a twenty-four-hour
basis, and the entire premises, including all secure areas, shall
be open for inspection during all hours by the City Manager or Chief
of Police without a search warrant.
b.
Fraudulent Acts. All acts which could deceive, mislead or defraud
a member of the public shall be prohibited. It shall be the responsibility
of the licensee to take reasonable steps to prevent fraudulent acts
and to cooperate fully with the Chief of Police and other local, state
and federal authorities to prevent such activities and to enforce
the following regulations:
1.
Each and every game conducted pursuant to the provisions of this
section shall be operated in full conformity with, and subject to,
all the provisions of the laws of the United States of America, State
of California and City of Compton. Unlawful gambling shall not be
permitted anywhere on the card club premises.
2.
Players financed in whole or in part by the licensee or the house
or any agent thereof shall be required to wear an insignia or identifying
badge.
3.
It shall be unlawful for any person to alter or misrepresent the
outcome of a game or other event on which wagers have been made after
the outcome has been determined but before it is revealed to the players.
4.
It shall be unlawful to place, increase or decrease a bet or to determine
the course of play after acquiring knowledge not available to all
players of the outcome of the game or any event that affects the outcome
of the game or which is the subject of the bet or to aid any in acquiring
such knowledge for the purpose of placing, increasing or decreasing
a bet or determining the course of play contingent upon that event
or outcome.
5.
The following actions, activities, words and phrases refers to fraudulent
acts within the meaning of this section. They shall have the following
meanings ascribed to them unless the context clearly indicates the
contrary:
(a)
Blind cut or false cut shall mean the maneuver which appears
to cut the deck, but does not in fact do so.
(b)
Blind shuffle shall mean to false shuffle or to give the deceptive
impression of intermixing playing cards, while actually retaining
the same sequence of all or a group of cards.
(c)
Bottom dealing shall mean to deal a card from the bottom of
the deck; includes "Greek dealing".
(d)
Burn shall mean a discard in accordance with the rules of the
game made before the draw when playing draw poker.
(e)
Capping the deck shall mean to place cards onto the top of the
deck.
(f)
Cheating shall mean, in addition to those acts defined herein,
any and all undefined acts of misrepresentation, dishonesty, false
pretense, use of device or manipulation of card done with the purpose
of defrauding or gaining an unfair advantage over another player whether
or not an actual advantage is gained.
(g)
Cooler shall mean a deck of cards secretly prearranged in a
known sequence or marked to be substituted for the deck in play.
(h)
Daubing shall mean to mark cards by applying a faintly visible
substance to the back of the cards.
(i)
Hand mucking shall mean the surreptitious switching of cards
from those that are dealt to a player.
(j)
Hold-out shall mean a mechanical device used for the purpose
of surreptitiously switching or retaining cards.
(k)
Hopping the cut shall mean to surreptitiously nullify the cutting
of the deck.
(l)
Middle dealing shall mean to deal a card from the center of
the deck.
(m)
Past posting shall mean to place a bet after acquiring knowledge
of the outcome of the game or event with the intent to claim or collect
money or anything of value from winning said bet.
(n)
Pinching shall mean to reduce the amount wagered by removing
the bet or a portion thereof after action on the current round of
play has commenced.
(o)
Playing partners shall mean any scheme or action in which two
or more players act in concert to communicate information or to otherwise
act for the purpose of defrauding or gaining an unfair advantage over
another player, whether or not an actual advantage is gained.
(p)
Pressing shall mean to add to or increase a bet after action
on the current round of play has commenced.
(q)
Punching shall mean to mark the back of the cards by creating
a dimple or indentation thereon.
(r)
Roughing fluid shall mean a liquid chemical applied to the back
of the cards for the purpose of marking them by roughening the surface.
(s)
Run-up or stacking or stocking shall mean to shuffle the cards
in such a fashion as to surreptitiously arrange the sequence to known
cards.
(t)
Sanding shall mean to mark cards by applying an abrasive substance
to the cards.
(u)
Second dealing or seconds shall mean to deal a card which is
second from the top of the deck.
(v)
Shiner shall mean a mirror or other reflecting device used for
the purpose of enabling a player to see cards which the player is
not entitled to see under the rules of the game being played.
(w)
Slick sleeve or mohair sleeve shall mean a long sleeve on a
clothing garment to assist in holding out a playing card or cards:
(x)
Slug shall mean a group of cards.
(y)
Transmitter shall mean the electronic or radio device used for
the purpose of transmitting signals or information to another player
who receives such signals or information by use of a "receiver".
(z)
White flash shall mean a form of daubing whereby a chemical
is used to create a "white on white" marking on the back of the cards.
6.
No cheating or fraudulent activity shall be permitted or tolerated
by the licensee. All provable cases of cheating shall be reported
to the appropriate enforcement authorities and the licensee shall
cooperate fully in the prosecution of any individual who is criminally
charged with cheating. Cheating devices shall be confiscated and shall
not be returned to the individual using or bringing such devices onto
the premises whether or not the offender is arrested or prosecuted.
Permitting or tolerating cheating shall be grounds for immediate suspension
or revocation of the license or imposition of additional conditions.
7.
It shall be unlawful for any individual, as a player or dealer, to
deal, draw, distribute or burn any playing card other than the top
card of the deck. The "top card" is defined as the uppermost face
down card of a face down deck. It shall be unlawful to deal or cause
to be dealt or to participate in a second, middle, bottom or Greek
deal.
8.
It shall be unlawful for any individual to shuffle or cause to be
shuffled any playing cards that are to be used or are being used in
a game other than in a random manner. It shall be unlawful to predetermine
or to prearrange the sequence of playing cards by value or suit or
to retain or hold back a card or cards either individually or as a
group or slug as an effort to circumvent a random mixing of the playing
cards. Any blind shuffle, run-up, stacking or stocking of the deck
to gain an unfair advantage in play, whether or not an advantage is
gained, is unlawful.
9.
It shall be unlawful for any individual other than the licensee to
bring cards into a card club. It shall be unlawful for any individual
other than the licensee or a patron while playing cards to have playing
cards in his or her possession while in a card club. It shall be unlawful
for any individual other than on-duty employees with valid registration
cards to have playing cards in his or her possession outside of a
designated card playing area. Nothing herein shall apply to punched
or otherwise destroyed or mutilated cards or any souvenir or designer
decks that could not be misconstrued as playing cards used on the
playing floor.
10.
It shall be unlawful for any individual, player or dealer to palm,
hold out or conceal any card or cards during a game whether by sleight
of hand, mechanical apparatus or clothing such as a slick sleeve.
It shall also be unlawful for any individual, player or dealer to
switch, exchange or cause to be exchanged any playing card or cards
as a means of deception. The deception practices known as hand mucking,
capping the deck, introducing additional cards into a game or switching
the deck with a cooler are unlawful.
11.
It shall be unlawful for any individual to use any technique in a
game designed to accomplish a blind or false cut, use a fraudulent
technique to nullify a cut once performed by a player or influence
or indicate to another individual to cut the deck at a specific location.
12.
It shall be unlawful for any individual, player or dealer to deliberately
mark or alter any card or cards when there is a likelihood that such
cards will be used in a game or when such cards are in play. It shall
be unlawful to knowingly use any altered or marked cards in a game.
"Marking and altering" as used herein includes sanding, daubing, white
flash, white on white, punching, adding to, removing from or blocking
out the existing design whether on the face, backside or edge of any
card or cards. Any deliberate crimping, warping, bending, cutting,
trimming, shaving or alteration by any means that would or could cause
an advantage for any player over other players, whether or not such
advantage is gained, is unlawful.
13.
It shall be unlawful for any individual to use any mechanical or
electrical apparatus or other device so as to gain any advantage or
to gain information that would enable a player or dealer to deceive
others. Such devices include, but are not limited to, hold-outs, table
bugs, shiners, transmitters, receivers, punches, chemical solutions,
shading, roughing fluids, inks or dyes.
14.
It shall be unlawful to claim, collect or take or attempt to claim,
collect or take money or anything of value in or from a gambling game
with intent to defraud or to claim, collect or take an amount greater
than the amount won.
15.
It shall be unlawful for any individual to play partners or to knowingly
aid or abet another in any cheating action prohibited by this section.
16.
It shall be unlawful for any individual or group to use any of the
cheating techniques prohibited by this section or to cheat in any
manner whatever, whether or not such techniques are specifically defined
or are successful. The licensee shall immediately notify the Chief
of Police upon the detection of any individual suspected of cheating.
17.
It shall be the responsibility of the licensee to fully cooperate
with security personnel, whether it is provided by a government policing
agency, a City contracted or administered service or is licensee assigned,
in the detection, apprehension and identification of those individuals
involved in cheating or fraudulent practices. Security shall retain
and deliver to the Chief of Police as evidence in arrests or detention
all playing cards and implements suspected of involvement in cheating.
18.
The Chief of Police, upon being notified by card club security that
an individual is being detained for cheating at play, shall respond
to the security office. The Chief of Police shall ascertain the identity
of those involved in the cheating and the circumstances involved and
decide what police action, if any, is deemed appropriate. The Chief
of Police shall assist as legally required in any citizen's arrest.
19.
The licensee shall cause these rules to be reproduced and available
in the licensed premises.
[Ord. #1877, § 1]
Seat rental rates shall be determined by the licensee. Such
rates and the effective dates thereof shall be posted in full and
unobstructed view and in appropriate locations within the card room.
[Ord. #1877, § 1; Ord. #1962, § 6; Ord.
#1967, § 1; Ord. #2019, § 5]
The Council may, from time to time, enact rules and regulations
governing the operation of card clubs and the activity conducted in
card clubs. The Council reserves the right to adopt by resolution
additional rules and regulations which shall become effective immediately
upon adoption. Copies of such rules and regulations shall be given
to the licensee on or prior to the date of Council consideration.
It shall be unlawful for the licensee or other person or entity to
violate any such rules or regulations.
a.
It shall be unlawful for any City employee or City official to directly
or indirectly own, operate or have any interest, legal or equitable,
in any card, club or card club license. It shall be unlawful for any
City employee or City official to directly or indirectly conduct business
with or be employed in any manner whatever by a card club or card
club licensee. For purposes of this subsection, the term "conduct
business" shall include but not be limited to the provision of loans
or any other form of financing, sale or lease of any real or personal
property, and the provision of any services, supplies, goods or other
materials, but shall not include the conduct of business as a patron
or customer in a manner available to the general public.
b.
The licensee shall be permitted to play those card games which are
not prohibited by local ordinance or state or federal law. Prior to
operation, the licensee shall complete a gaming directory which shall
contain the name, description and complete rules of play for each
and every game to be played within the card club premises. The gaming
directory shall be submitted to the City Manager and the Chief of
Police for review and approval prior to the card club being opened
to the public. A certification, signed by the licensee, shall be attached
to the statement, declaring under penalty of perjury that the licensee
will add no games nor change any rules of play without submitting
a request for modification of the gaming directory to the City Manager
30 days prior to proposed implementation of the change. A certified
copy of the gaming directory signed by the City Manager and the Chief
of Police shall be maintained in the Office of the City Clerk and
the security office of the card club at all times.
c.
Any individual who has a financial or management interest in the
Radisson Crystal Park Hotel and Casino shall not participate directly
or indirectly in any casino games on the premises.
The Radisson Crystal Park Hotel and Casino has adopted certain
rules and regulations that govern the following subject matter: purchasing,
revenue audit, accounting operations, cage, casino operations, table
games, and forms. The Radisson Crystal Park Hotel and Casino shall
follow its rules and regulations herein referred to and hereafter
adopted. The rules and regulations must be followed in a manner that
is consisted with City, state or federal law. The City must be notified
in writing immediately of any changes in any rules and regulations
herein referred to and hereafter adopted.
Any violation of this section shall constitute full and sufficient
grounds for the revocation or suspension of the license of the licensee
at the sole discretion of the City Council.
d.
There is an authorized maximum limit of 300 gaming tables for each
licensee, subject to the approval of the Compton Fire Department.
[Ord. #1877, § 1]
The licensee agrees for himself, and his successors and assigns,
and every successor in interest to the card club or any part thereof,
as follows:
a.
The licensee shall not discriminate nor permit any discrimination
in connection with the operation of the card club, based upon race,
sex, marital status, color, creed, religion, national origin or ancestry.
b.
The licensee shall use his best efforts to employ as many persons
as reasonably possible who live within the City, who reflect the demographic
makeup of the City, and who otherwise satisfy the employment requirements
of the card club. The licensee shall use the facilities of the City
to obtain employees and shall advertise in publications that are circulated
in the general area of the licensee's location. The City shall cooperate
with the licensee in seeking such employees.
c.
The licensee will from time to time, upon request by the City, furnish
to the City reasonable data concerning the residence and ethnic background
of persons employed by the card club and of the nature of the efforts
by the licensee to otherwise comply with this section.
[Ord. #1877, § 1]
The Council, in adopting the provisions of this section and
regulating the businesses to be operated by a licensee who permits
the playing of the games, hereby declares that the playing of games
not prohibited by statute is conducive to public morals when such
games are played and conducted according to all laws, rules, regulations,
and provisions set forth herein, and that in any proceedings to revoke
or suspend a license, to abate the business conducted thereunder,
or to prosecute the licensee or his employees for any act authorized
thereby, it shall be presumed that such acts are not unlawful and
that such business is not a public or private nuisance.
[Ord. #2019, § 6]
A card club is authorized to conduct gambling operations 24
hours a day, every day of the year. The licensee shall determine actual
hours of operation of the gambling establishment. The licensee shall
post in full and unobstructed view and in appropriate locations within
and outside the premises, the hours of operation of the gambling establishment.
[Ord. #2019, § 7; Ord. #2154, § 1]
There shall be no mandatory limit on the amount wagered in any
permitted game. However, the licensee of a gambling establishment
may impose wagering limits on any game at the licensee's discretion.
The licensee shall post in full and unobstructed view and in appropriate
locations within the card room(s) any local house or table wagering
limits.
[Ord. #2019, § 8]
Subject to the approval of the Chief of Police, the licensee
shall implement, provide and maintain a security plan that provides
and maintains reasonable security on its premises, including the parking
areas. The licensee shall employ a professional security staff, which
shall monitor the activities on the premises and in the parking areas.
The licensee shall make use of surveillance camera equipment and take
reasonable steps to assure that the patrons and visitors are not involved
in criminal activity, or the victims of criminal activity.
On an annual basis, a detailed security plan, including staffing
and deployment, shall be submitted to the Chief of Police for review
and approval. The licensee shall modify any security plan within 30
days after receipt of written notification from the Chief of Police
that the existing plan is inadequate. All modifications shall be subject
to the approval of the Chief of Police prior to implementation.
The Director of Security of the licensee shall maintain a close
working relationship with the Compton Police Department in meeting
the requirements of this section.
[Ord. #1877, § 1; Ord. #2019, § 1]
It shall be unlawful for any person or entity to violate any
of the provisions of this section or any of the rules and regulations
set forth, established, or promulgated hereunder.
[Ord. #1877, § 1; Ord. #1967, § 2; Ord.
#2019, § 2]
Any violation of this section is a misdemeanor. The penalty
for the violation of this section shall be punishable by a fine of
$1,000 or imprisonment for a term not exceeding six months, or by
both such fine and imprisonment.
[Ord. #856, § 6430]
As used in this section:
Shall mean and include "alms," "food," "clothing," "money,"
"property," or "donations under the guise of a loan of money or property."
Shall mean and include "charitable," "social service," "benevolent,"
"patriotic," "civic activity" or "purported philanthropic," "purported
social service," "purported benevolent," "purported patriotic," "purported
charitable" or "purported civic activity."
Shall mean not only a direct oral or written asking or request
but also the distribution, circulation, mailing to an address within
the City, posting or publishing of letters, posters, handbills, cards,
folders, pamphlets, books or circulars or the giving or making of
an announcement to the press or over the radio or telephone or telegraph
concerning or involving an appeal, assemblage, athletic or sports
event, bazaar, benefit, campaign, contest, dance, drive, entertainment,
exhibition, exposition, party, performance, picnic, sale or social
gatherings which the public or any portion thereof is requested to
meet or patronize or to which the public or any portion thereof is
requested to make a contribution, by reason of or because of any philanthropic
(as defined in this section) purpose or benefit connected with or
involved in any such appeal, assemblage, athletic, or sports event,
bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition,
exposition, party, performance, picnic, sale or social gathering.
"Solicitation" also shall mean the sale of, offer to sell, or attempt
to sell, any advertisement, advertising space, book, card, chance,
coupon, device, magazine, membership, merchandise, subscription, ticket
or thing whatsoever, in connection with which or when or where any
appeal is made for any philanthropic purpose whatever (as philanthropic
is defined in this section) or the name of any philanthropy or philanthropic
association (as philanthropic and association are so defined) is used
or referred to in any such appeal as an inducement or reason for the
making of any such sale, or when or where in connection with any such
sale, offer to sell or attempt to sell, any statement is made that
the whole, or any part of the proceeds from any such sale or selling
will go to, or be donated to, any philanthropic purpose or association
as "philanthropic" and "association" are defined in this section.
A solicitation, as defined herein, shall be deemed completed when
made, whether or not the person making the same receives any contribution
(as defined in this section) or makes any sale herein referred to.
[Ord. #856, § 6431]
No person shall make or perpetrate any misstatement, deception,
or fraud in connection with the solicitation of any contribution for
any philanthropic purpose or association.
[Ord. #856, § 6431.1]
No person shall solicit any contribution in the name of, or
on behalf of, any philanthropic association, unless such person is
authorized in writing by such association to make such solicitation,
aid authorization to be signed by at least two officers of the association,
and unless a copy of such authorization has been previously filed
with the City Clerk, which said authorization and the copy thereof
so filed with the City Clerk shall each bear a specimen signature
of the solicitor, and unless the solicitor shall have such written
authorization with him when making any such solicitation and exhibit
such authorization on request of the person solicited, or any police
officer. Such authorization shall expressly state on its face that
it is valid for a period of no longer than three months from the date
of the insurance thereof, which date shall be stated therein.
[Ord. #856, § 6431.2]
No person shall use the name of any association in charge or
control of any charity, philanthropy or benevolent, social service
or patriotic or civic activity, in any solicitation without having
written permission from two of the officers of such association to
so use its name of the name of, and/or reference to, such charity,
philanthropy or benevolent, social service or patriotic or civic activity,
which written permission shall be for a specific event or a specified
period of time, and a copy of which permission must be filed with
the City Clerk prior to any such use.
[Ord. #856, § 6432]
No person shall authorize any other person to solicit any contribution
for any philanthropic purpose or association unless within one year,
and at least 10 days prior to the beginning of such solicitation,
there shall be obtained by such person or association a permit from
the Chief of Police of the City of Compton to so solicit. Such permit
shall be issued by the Chief of Police upon the filing with the City
Clerk of a Notice of Intention to Solicit within the City of Compton,
which Notice of Intention shall contain complete information as follows:
a.
The purpose of the solicitation and use of the contributions to be
solicited.
b.
A specific statement, supported by reasons, and, if available, figures,
showing the need for the contribution proposed to be solicited.
c.
The character of such solicitation and how it will be made or conducted.
d.
The expenses of the solicitation, including all commissions, costs
of collection, salaries and other items, if any, regardless of from
what funds such expenses are payable.
e.
What portion of the contributions collected as a result of the solicitation
will remain available for application to the specific purposes declared
in the Notice of Intention as the object of such solicitation.
f.
A specific statement of all contributions collected or received by
such association or by such person filing such Notice of Intention
within the calendar year immediately preceding the date of such filing.
The expenditures or use made of such contributions, together with
the names and addresses of all persons or associations receiving salaries,
wages, compensation, commissions or emoluments from such contributions
and the respective amounts thereof.
g.
The names and addresses of the officers and directors of any such
association for which the solicitation referred to in such Notice
of Intention is proposed therein to be made.
h.
A statement that the signers of such Notice have read and are familiar
with provisions of this section and will require all solicitors engaged
in such solicitation to read and be familiar with the provisions of
this section prior to making any such solicitation. Whenever in the
opinion of the Chief of Police the Notice of Intention filed with
the City Clerk does not disclose sufficient information for the public
concerning the facts hereinabove required to be stated in such Notice
of Intention, or concerning the person or association making such
solicitation or on whose behalf such solicitation is made, then, upon
the request of the City Clerk therefor, there shall be filed, in writing,
by such person or association, with the City Clerk, within 48 hours
after such request made upon such person or association, such additional
information as may specifically be required by said Chief of Police
upon the foregoing subjects. Provided, however, that the Chief of
Police, for good cause, may extend the time for so filing such additional
information. The Notice of Intention and such additional information
herein provided for shall be signed by such person intending to make
such solicitation, or if such solicitation is to be made by or on
behalf of any association, by at least two officers of such association
and shall be open to the inspection of the public.
[Ord. #856, § 6432.1]
In connection with any solicitation within the City for any
contribution for any philanthropic purpose with respect to which the
Notice of Intention hereinbefore provided shall have been filed with
the City Clerk, the Chief of Police shall have the power to investigate
the allegations of such Notice of Intention or any statements or reports
filed with the City Clerk pertaining to the solicitation and to have
access and to inspect and make a copy of all the books, accounts and
papers of such person by or on whose behalf any such solicitation
is made, pertaining to such solicitation or the use or expenditure
of any contribution so solicited. The Chief of Police shall also have
power to investigate at any time the methods of making or conducting
any such solicitation.
The Chief of Police may revoke any permit issued as aforesaid
upon being satisfied that the holder thereof has violated any of the
provisions of this section or any of the provisions of any other law
or ordinance regulating charities or philanthropic work in the City,
or has made any misstatement in the application for a charity permit
or is found to be a person of immoral character or that the holder
of said permit or its agents have been guilty of making false statements
in order to procure donations or that the contributions solicited
are being diverted in whole or in part, improperly, from the purpose
for which such solicitations are proposed to be made.
[Ord. #856, § 6432.2]
Any applicant not satisfied with the revocation by the Chief
of Police of any charity permit is entitled to an appeal from the
decision of the Chief of Police to the City Council. Such appeal shall
be taken by filing with the City Clerk a notice thereof, in writing,
setting forth the grounds of appeal. The appeal shall come on regularly
for hearing before the City Council at the next regular meeting after
the filing of the notice thereof and shall be heard at such meeting
unless continued to a future date at the request of the appellant.
On the hearing of such appeal all facts connected with the revocation
of said permit shall be presented to the City Council and the City
Council may make such further investigation as it shall deem necessary
and may affirm or reverse the decision of the Chief of Police as the
case may be; and in the event the decision of the Chief of Police
in revoking any permit be reversed, the City Council shall order the
Chief of Police to reinstate said permit and the Chief of Police shall
so do.
[Ord. #856, § 6432.3]
The revocation of a permit as herein provided shall not be a
bar to the prosecution of the holder thereof for a violation of any
provision of this section.
[Ord. #856, § 6433]
a.
No person shall solicit any contribution for any philanthropic purpose, or in the name of, or on behalf of, any charitable association, unless such person exhibits to every person solicited an Information Card to be issued by the City Clerk, which Information Card shall bear a statement that the City Clerk issued it only for the information of the public and not as an endorsement of the solicitation, and shall set forth so much of the pertinent facts stated in the Notice of Intention hereinabove provided for, filed with said City Clerk or disclosed by any additional information obtained by the City Clerk as shall, in the opinion of the Chief of Police be of assistance to any person solicited for any such contribution to enable such person to determine the nature and worthiness of the purpose for which such solicitation is made. When making any solicitation the solicitor shall read the Information Card to the person solicited or present it to the person for his perusal, allowing him sufficient opportunity to read the same, before accepting any contribution so solicited. Provided that when any solicitation referred to in this section is conducted by printed matter or published article, or over the radio, or telegraph, such publicity shall contain data and information required to be set forth on the Information Card. Provided further, that when a campaign or drive for raising funds for any philanthropic purpose is given general publicity through the press or otherwise and when more than 25 persons serve as solicitors without compensation for their services, the Chief of Police may, upon application by the association or person filing the Notice of Intention hereinbefore in Subsection 11-9.5 provided for, waive the requirements of this section with respect to Information Cards and the filing of copies of written authorizations (hereinabove provided for in Subsection 9-11.3) of the solicitors serving without compensation, if it shall be proven to the satisfaction of the Chief of Police, and the Chief of Police finds that the publicity concerning the solicitation fully informs the general public and the persons to be solicited as to the facts required herein to be set forth on the Information Card. Provided, further, that upon receipt of additional information, which, in the opinion of the Chief of Police, may render incorrect any statement set forth in any such Information Card, the Chief of Police shall recall every such Information Card, and amend or correct the same or shall issue in lieu thereof a new Information Card amended or corrected in accordance with such additional information, and upon receipt of notification to return any Information Card for amendment or correction or new issue, as above provided, the association or persons who filed the Notice of Intention for the solicitation for which any such card was issued shall present such recalled Information Card to the City Clerk within 24 hours from the time of receipt of the notification. Provided, further, that upon request therefor by the Chief of Police, all Information Cards issued under the provisions of this section shall be returned to the City Clerk upon completion of the solicitation for which they are issued or at the expiration of the period for which they are valid. Provided, further, that the City Clerk may charge a fee for supplying Information Cards at the rate of $0.05 per card.
b.
No person or association shall solicit, nor shall any officer or
member of any association authorize any person to solicit within the
City any contribution for any of the purposes set forth in this section
or for the solicitation of funds for any purported charitable or philanthropic
organization by the use of telephones.
[Ord. #856, § 6434]
Every person soliciting any contributions within the City for
any philanthropic purpose shall file with the City Clerk within 30
days after a demand therefor by the City Clerk, a report to the City
Clerk stating the contributions secured from or as a result of any
solicitation, and in detail all expenses of, or connected with, such
solicitations, and showing exactly for what uses and in what manner
all such contributions were or are to be disbursed or distributed.
Every such report shall be made on forms to be furnished by the City
Clerk and signed by the persons or association filing or obligated
to file the Notice of Intention for such solicitation hereinbefore
provided for, and such report, if made by any association, shall be
signed by at least two officers thereof. Provided that when any such
solicitation is made by any such association, such report need be
filed only by such association and not by an individual solicitor
engaged in any solicitation.
[Ord. #856, § 6435]
No person or association shall solicit nor shall any officer
or member of any association authorize any person to solicit, within
the City, any contribution, for any purpose whatever, by means of
any box or receptacle, upon or in any public park, street or alley,
or upon or in any publicly owned or controlled place or premises within
the City except by written permission of the Chief of Police.
[Ord. #856, § 6436]
No person shall solicit any contribution for any charitable
purpose for or on behalf of any association, unless such association
is maintaining a system of accounting whereby all donations to it
and all disbursements made by it are entered upon the books or records
of its treasurer or other financial officer.
[Ord. #856, § 6437]
The provisions of this section shall not be applicable to any
solicitation made upon premises owned or occupied by the association
upon whose behalf such solicitation is made, nor to any solicitation
for the relief of any individual specified by name at the time of
the solicitation where the entire amount collected, without any deduction
whatever, shall be turned over to the named beneficiary, nor to the
solicitation or collection of gifts, contributions, donations, or
subscriptions or the promotion of any bazaar, sale, or exhibition
or any other act of appeal to the public for a charity made by members
of any religious or charitable organization which has been in existence
in, and which has regularly maintained headquarters or a place of
worship in, the City for a period of at least five years next preceding
the date on which such activity shall be begun.
[Ord. #856, § 6438]
The Chief of Police is hereby empowered to waive the whole or any part of the provisions of Subsection 9-11.3 through Subsection 9-11.8, as and if he shall deem such waiver necessary, when, and only in the case of, any charitable association applies for such waiver for the purpose of meeting any extraordinary emergency or calamity when time is of the essence for needed succor or relief.
[Ord. #856, § 6439]
No person or association, in making any solicitation for any
philanthropic purpose or association within the City or in connection
with any such solicitation, shall use or give to any person or association
a fictitious name, or an alias, or any other than his or its own full,
true, and correct name, or make any such solicitation without at the
time giving to the person or association solicited for such contribution
the full, true, and correct name of the person or association soliciting,
or impersonate any other person or association in making any such
solicitation.
[Ord. #1211, §§ 6440 — 6440.2, §§ 6441.1
— 6441.3, §§ 6443 — 6443.3; Ord. #1366]
As used in this section:
Shall mean a place where there is a hotel or a motel of 50
or more rooms and the ballroom is a part of the hotel or motel.
Shall mean a required permit issued by the City upon the
order of the Council in accordance with the provisions of this section.
Shall mean any act, play, review, pantomime, scene, song,
dance act, song and dance act, or poetry recitation conducted or participated
in by any professional entertainer in or upon any premises to which
the public is admitted.
Shall mean the License Department of the City.
Shall mean and include a fashion or style show except when
conducted by a bona fide nonprofit club or organization as a part
of the social activities of such club or organization and when conducted
solely as a fund raising activity for charitable purposes. "Live entertainment"
shall not include:
Mechanical music alone; or
Instrumental music alone, except between the hours of 2:00 a.m. and 6:00 a.m. when the provisions of Subsection 9-12.11 shall apply; or
Dancing participated in only by customers; however, the provisions
of this subsection shall not exempt exhibition dancing by a person
receiving compensation for such exhibition dancing.
Shall mean any dance:
Which is not advertised publicly;
To which the general public is not invited; and
For which no admission is charged, or offering is solicited
or accepted, or any collection is taken and where nothing of value
is requested or required for admission other than a membership in
the group for and by whom the dance is given and admission to which
is limited to members and guests of members of the group for and by
whom the dance is given.
Shall mean a person who entertains in an establishment which
has as its business, in whole or in part, the service of food, beverages,
or food and beverages, including, but not limited to, alcoholic beverages,
whether or not the owner of such establishment in which such activity
is performed employs or pays any compensation to such person to perform
such activity.
Shall mean any dance at which attendance is not limited to
members and guests of a bona fide club or invited guests at private
social functions.
Shall mean any room, place, or space where a public dance
is held, carried on, or permitted.
Shall mean a building, playhouse, room, hall, or other place
having a permanent stage upon which movable scenery and theatrical
or vaudeville or similar performances are given, with permanently
affixed seats so arranged that a body of spectators can have an unobstructed
view of the stage, which primary function is to give such performances.
Shall mean any person who serves food, beverages, or food
and beverages, including, but not limited to, alcoholic beverages,
in an establishment which has as its business, in whole or in part,
the service of such food or beverages, whether or not the owner of
such establishment in which such activity is performed employs or
pays any compensation to such person to perform such activity.
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Part 1: Entertainment Permits
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[Added by Ord. #1366, § 6441]
No person shall operate, conduct, or manage any public place
or theater where any form of live entertainment is provided or furnished
or where any motion picture, still picture, or slide, the main subject
of which is the depiction of the human body, or any portion thereof,
whether clothed or unclothed, whether or not food or beverages are
sold, offered for sale, or given away, without a written permit from
the Council.
[Added by Ord. #1366, § 6441.4]
Every person shall be guilty of a misdemeanor who permits, counsels,
or assists any person to violate any provision of this section.
[Added by Ord. #1366, § 6441.5]
The Council shall enact such rules and conditions for the approval
of entertainment permits as are consistent with the protection of
the public health, peace, morals, safety, and welfare.
[Added by Ord. #1366, § 6441.6]
When an application has been filed for an entertainment permit,
other than a renewal permit, and the required fee has been paid, the
City Clerk shall fix a time and place for a public hearing thereon
by the Council. Not less than seven days before the date of such hearing,
the City Clerk shall:
a.
Notify the applicant, in writing, of the date, time, and place of
such hearing;
b.
Cause a notice of such hearing to be posted in a conspicuous place
on the property on which or in which it is proposed to conduct the
business; and
c.
Cause a notice of such hearing to be published once in a newspaper
of general circulation printed, published, and circulated within the
City. The applicant shall bear all the expenses involved in the mailing,
printing, publishing, and posting of such notice.
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Each such notice shall contain the data set forth in the application
in substantial form and shall advise the public that persons objecting
to the issuance of such entertainment permit may appear and be heard
at the time of the hearing before the Council.
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At the specified time and place the Council shall hold a public
hearing and shall consider any written protests to the application
and shall ascertain all facts deemed by it to be relevant to the issuance
of the permit. The Council may take sworn testimony or make such investigations
as it deems necessary or proper in the premises.
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In addition to the conditions set forth in this section, the
Council may make a part of any permit such conditions and restrictions
as the Council deems necessary and proper, and any permittee shall,
upon receiving such permit, sign a written agreement to abide by the
terms and conditions in any such permit.
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[Added by Ord. #1366, § 6441.7; Ord. #1445]
Except as otherwise provided in this section, an application
for an entertainment permit shall set forth the following:
a.
The address of the location for which the permit is required, together
with the business name of such location;
b.
The name and proposed business address of the applicant. If the applicant
is a corporation, the name of the corporation shall be set forth exactly
as shown in its articles of incorporation, and the applicant shall
also set forth the date and place of incorporation and the names and
residence addresses of each of the officers, directors, and each stockholder
owning more than 10% of the stock of the corporation. If the applicant
is a partnership, the application shall set forth the name and residence
address of each of the partners, including limited partners. If one
or more of the partners is a corporation, the provisions of this section
pertaining to a corporate applicant shall apply;
c.
Whether or not the applicant, or any officer or director or member
of the applicant, as the case may be, has ever been convicted of any
crime except misdemeanor traffic violations. In addition to the foregoing,
any corporate applicant whose securities have been conditioned by
the Commissioner of Corporations pursuant to the provisions of Section
25141 of the Corporations Code of the state shall state whether or
not any stockholder owning more than 10% of the stock of such corporation
has ever been convicted of any crime except misdemeanor traffic violations.
If any person named in this subsection has been so convicted, a statement
shall be made giving the name of the person so convicted, the place
and court in which the conviction was had, the specific charge under
which the conviction was obtained, and the sentence imposed as the
result of such conviction;
d.
The names and addresses of the persons who have authority or control
over the place for which the permit is requested and a brief statement
of the nature and extent of such authority or control;
e.
The name and address of each of the owners of the premises upon which
the permitted activity is to be conducted if the applicant is leasing
such premises from the owner;
f.
Such information pertinent to the operation of the proposed activity,
including information as to the management, authority, control, financial
agreements, and lease arrangements, as the Council may require of
an applicant in addition to the other requirements of this section.
The examples set forth in this subsection are in explanation and not
in limitation of the information which the Council may require;
g.
The address to which any notice, when required, is to be sent or
mailed, and the name and address of a person authorized to accept
service or process, if not otherwise set forth therein;
h.
The applicant shall be accompanied by a certificate signed by at
least 12 persons who are, at the time of signing, residents of the
City and who know the applicant personally or know of the applicant's
reputation in the business community and have knowledge of the applicant's
good moral character or his reputation for peacefulness;
i.
The nature of the business for which the permit is requested;
j.
The personal description of the applicant; and
k.
The fingerprints and thumbprints of the applicant.
[Added by Ord. #1366, § 6441.8]
Every application for an entertainment permit shall be verified
as provided in the Code of Civil Procedure of the state for the verification
of pleadings.
[Added by Ord. #1366, § 6441.9]
The City Manager, the Chief of Police, the License Collector,
or the Council on its own motion may file a complaint with the Council
claiming a violation of the permit granted pursuant to the provisions
of this section and request a hearing to suspend or revoke such permit.
Any such permit may be revoked or suspended at any time by the
Council after a public hearing, due notice of which shall be given
in writing to the permittee. Such notice shall be in writing and may
either be served personally or by registered mail, addressed to the
permittee at the address set forth in the application, and the posting
of a notice on the premises for which the permit was granted. At the
hearing if the Council shall find on evidence heard that the continuation
of such entertainment does not or will not comport with the public
peace and welfare for any reason, or that the entertainment has been
conducted in an illegal, improper, or disorderly manner, or that any
condition or restriction of the permit has been violated, or that
the owner, operator, or person in charge thereof has violated or permitted
the infraction of any law of the state or of any section of this Code
in the conduct of the permitted activity, the Council may revoke,
suspend, or cancel the permit, and it shall be of no further force
or effect, and all charges, bonds, or securities deposited with the
City in connection with the operation shall be forfeited.
The hearing required for the suspension, cancellation, or revocation
of a permit shall be held as soon as possible and in no event more
than 21 days after a complaint is filed with the Council, and the
Council shall determine whether or not such permit shall be suspended
or revoked within 21 days after closing the public hearing on such
complaint.
The conviction in any court of competent jurisdiction in the
county of any permittee or the responsible officers of any corporation
or association of a violation of any provision of this section or
a violation of any permit which may have been granted to any permittee
pursuant to the provisions of this section shall cause such permit
to be automatically suspended, and notice thereof shall be posted
on the premises by the City, and written notice shall be given to
the permittee of such action.
[Added by Ord. #1366, § 6441.10; Ord. #1445]
No person in control of a commercial or noncommercial public
hall, private club, or establishment normally open to the public shall
permit the entertainment conducted therein to be audible for a distance
in excess of five feet beyond the property lines of the premises,
nor shall it conduct the entertainment so that the noise is unreasonably
loud, raucous, jarring, or a nuisance to persons within the area of
audibility on the outside of the premises.
[Added by Ord. #1366, § 6441.11]
Entertainment permits shall be posted in a conspicuous place
on the premises for which such permit is issued and shall remain posted
at all times.
[Added by Ord. #1366, § 6441.12; Ord. #1445; Ord.
#1707, § 1]
a.
No entertainment, as defined in Subsection 9-12.1 of this section, may be conducted in any establishment, club, structure, or place which is open to members of the general public or which directly or indirectly levies, collects, or receives an admission charge or membership fee from those persons remaining on the premises between the hours of 2:00 a.m. and 6:00 a.m., or which receives payment for or donations for refreshment, beverages, or food served therein, between the hours of 2:00 a.m. and 6:00 a.m. without the approval of the Council. Notwithstanding any other provision of this Code, no permit or license issued hereunder shall be construed as authorization for such live entertainment between such hours without the approval of the Council.
[Added by Ord. #1366, § 6441.13]
No establishment issued a permit pursuant to the provisions
of this section may allow the premises to be used for the purpose
of conducting a private club between the hours of 2:00 a.m. and 6:00
a.m.
[Added by Ord. #1366, § 6441.14]
No person under 21 years of age shall enter, be, or remain in or on any premises on or in which any live entertainment, as defined in Subsection 9-12.1, is presented. A permittee shall not permit such a person to enter, be, or remain in or on any such premises.
[Added by Ord. #1366, § 6441.15]
It shall be unlawful for any person who is intoxicated or under
the influence of any drug to appear in or be in any establishment
issued a permit pursuant to the provisions of this section. A person
who conducts or assists in conducting any such establishment shall
not permit any intoxicated person or person who is under the influence
of any drug to appear, be, or remain at such place.
[Added by Ord. #1366, § 6441.16]
No entertainment shall be permitted in any establishment where
a permit is required which does not provide unlocked doors with free
and easy egress while patrons are in the establishment.
[Added by Ord. #1366, § 6441.17]
There shall be no entertainment of any kind where an entertainment
permit is required which is visible at any time from the street, sidewalk,
or highway.
[Added by Ord. #1366, § 6441.18]
No entertainment may be conducted in establishments where a
permit is required where employees solicit or accept drinks of alcoholic
beverages from customers.
[Added by Ord. #1366, § 6441.19]
No entertainment may be conducted in any establishment where
a permit is required in which gambling in any form is permitted or
tolerated or in which there is kept any machine or other device designed
or commonly used for the purpose of gambling in any form.
[Added by Ord. #1366, § 6441.20]
No entertainment may be conducted in any establishment where
a permit is required at which solicitation of trade is made at or
near the entrance, either by personal solicitation or otherwise, by
means of any device whereby the voice of the person soliciting can
be heard at or near such entrance.
[Added by Ord. #1366, § 6441.21]
No entertainment may be conducted where an entertainment permit
is required in which any person participating directly or indirectly
signs or speaks any obscene or indecent words or performs any lewd
or indecent act.
[Added by Ord. #1366, § 6441.22]
Every establishment issued a permit pursuant to the provisions
of this section shall be lighted throughout to an intensity of not
less than three footcandles during all hours of operation except while
a floor show is in progress.
[Added by Ord. #1366, § 6441.23]
Every person operating an establishment issued a permit pursuant
to the provisions of this section who owns, operates, or controls
any parking lot adjacent to such establishment and used in connection
therewith shall adequately and uniformly light such parking lot to
an intensity of not less than two footcandles.
[Added by Ord. #1366, § 6441.24]
At every establishment issued a permit pursuant to the provisions
of this section having a capacity of less than 200 persons, not less
than two employees, including one female, for the first 200 persons
and one additional employee for each additional 100 persons, up to
500 persons, who could be accommodated, whether actually present or
not, shall be constantly in attendance during the entire time any
entertainment is in progress and shall devote their entire time and
attention to the keeping of order, the checking of the admission of
minors, and seeing that all the provisions of this section are complied
with. The Council may require such additional employees or guards
on an individual basis as the Council deems in the public interest.
[Added by Ord. #1366, § 6441.25]
The Council may adopt rules and regulations relating to the
conduct of entertainment for which an entertainment permit of any
type is required. Such rules and regulations shall be such as may
be proper or necessary for the maintenance of public order, the orderly
conduct of establishments wherein entertainment is conducted, the
better enforcement of the provisions of this section relating to such
establishments, or to assure that the conduct of such entertainment
will comport with the public welfare.
[Added by Ord. #1366, § 6441.26]
The Chief of Police or his officers shall inspect any and all
establishments issued a permit pursuant to the provisions of this
section.
[Added by Ord. #1366, § 6441.27]
The Chief of Police and/or his officers shall be permitted by
every permittee to enter free of charge any establishment issued a
permit pursuant to the provisions of this section for the purposes
of inspection.
[Added by Ord. #1366, § 6441.28]
All establishments issued a permit or required to have a permit
pursuant to the provisions of this section shall have a manager on
the premises at all times when entertainment is being conducted. Such
manager shall be registered with the Police Department and approved
by the Council.
[Added by Ord. #1366, § 6411.29]
No person issued a permit or required to be licensed by the
provisions of this section shall show, project, or permit to be shown
or projected in any establishment issued a permit pursuant to the
provisions of this section or required to have such permit any motion
picture, still picture, or slide, the main subject of which is the
depiction of the human body, or any portion thereof, whether clothed
or unclothed, unless and until the permit of such establishment is
specifically endorsed by the Council to permit such showing.
[Added by Ord. #1366, § 6411.30]
A violation of any provision of this section shall be a misdemeanor.
[Added by Ord. #1366, § 6441.31]
If the constitutionality of any provision or clause of this
section, or the application thereof to any person or circumstance,
is held invalid, such invalidity shall not affect the other provisions
or applications of this section which can be given effect without
the invalid provision or application, and to this end the provisions
of this section are declared to be severable.
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Part 2: Dance Halls
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[Added by Ord. #1366, § 6443.5]
At the time of filing the application, the applicant shall pay
to the License Department the sum of $1,000 as a permit fee for the
fiscal year and for the consideration and investigation of the applicant.
Such fee shall not be refundable for any cause.
[Added by Ord. #1366, § 6443.6]
When an application has been filed for a permit, other than
a renewal permit, and the required fee has been paid, the City Clerk
shall fix a time and place for a public hearing thereon by the Council.
Not less than seven days before the date of such hearing, the City
Clerk shall:
a.
Notify the applicant, in writing, of the date, time, and place of
such hearing;
b.
Cause a notice of such hearing to be posted in a conspicuous place
on the property on which or in which it is proposed to hold the dance;
and
c.
Cause a notice of such hearing to be published once in a newspaper
of general circulation printed, published, and circulated within the
City.
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Each such notice shall contain the date set forth in the application
in substantial form and shall advise the public that persons objecting
to the issuance of the permit may appear and be heard at the time
of the hearing before the Council.
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At the specified time and place the Council shall hold a public
hearing and shall consider any written protests to the application
and shall ascertain all facts deemed by it to be relevant to the issuance
of the permit. The Council may take sworn testimony or make such investigations
as it deems necessary or proper in the premises.
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In addition to the conditions set forth in this section, the
Council may make a part of any permit such conditions and restrictions
as the Council deems necessary and proper, and any permittee shall,
upon receiving such permit, sign a written agreement to abide by the
terms and conditions of any such permit.
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[Added by Ord. #1366, § 6443.7]
In addition to the matters required by subsections 9-12.6 and 9-12.7, the application for a permit for a public dance or ballroom dance hall shall set forth the following:
a.
The number, dates, and times of the dances to be held under the permit;
b.
A description of the physical facilities, designating the portion
of the building and facilities to be utilized by persons attending
such dances, including the nature and location of vehicle parking
facilities;
c.
The nature of any special policing or chaperoning of the dances;
and
d.
Whether the application is for a new permit or for the renewal of
an existing permit.
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Each application for a dance permit shall be filed with the
License Department which shall immediately transmit the application,
or a copy thereof, to the Chief of Police for an investigation and
report on the applicant. Likewise, copies of such application shall
be forwarded to the Chief of the Fire Department and the Building
Departments for reports on the locations and buildings described in
the application.
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[Added by Ord. #1366, § 6443.8; Ord. #1459]
No permit shall be issued for the conduct of any dance hall,
public dance, or ballroom dance hall in any establishment having less
than 1,000 contiguous square feet exclusively reserved for dancing,
such area to be exclusive of hallway space. Dance hall floor space
convertible to or reservable for dancing may be added to exclusively
reserved space to satisfy the stated minimum area requirement of this
subsection. If the space used for dancing includes convertible or
reservable space, the permit shall state such conditions with respect
to the reservation of the floor space for dancing as is deemed necessary
by the Council to assure the quiet enjoyment of adjoining properties,
seismic safety, parking requirements, the orderly conduct of the dancing,
and the general welfare and public interest.
[Added by Ord. #1366, § 6443.9; Ord. #1459]
No person, firm, corporation, organization, or group of persons
or organizations, as owner, principal, agent, employee, or otherwise,
shall establish, organize, sponsor, provide, maintain, or conduct
any public dance or public dance hall, except that a permit for a
single dance may be issued upon the approval of the Council upon the
payment by the applicant of a permit fee. The permit fee shall be
$100; provided, however, for educational, fraternal, or charitable
organizations, the fee shall be $50.
No person, firm, or corporation, as owner, principal, agent,
employee, or otherwise, shall establish, organize, sponsor, provide,
maintain, or conduct a ballroom dance hall unless a permit therefor
is obtained from the City and the dance is carried on in accordance
with the provisions of this section. The provisions of this section
shall not prohibit the holding of any school dance or any dance sponsored
by the Parks and Recreation Department, and the sponsors of such dances
need not obtain a permit to hold such dances, except as otherwise
provided for in this Code.
[Added by Ord. #1366, § 6443.10]
No permit shall be issued by the Council except upon a reasonable
showing, satisfactory to the Council, that the facilities proposed
to be utilized are suitable for such purposes, that the applicants
are of good moral character and reputation, that the requirements
of this section and any other provisions of this Code will be complied
with by the applicant, and that the issuance of the permit will not
be contrary to the public interests and welfare.
[Added by Ord. #1366, § 6443.11]
Any permit issued pursuant to the provisions of this section shall be for a period of one year and may be renewed as set forth in Subsection 9-12.41.
Any such permit granted shall be nontransferable, and no permittee
shall sell, assign, transfer, or convey such permit without the written
consent and approval of the Council.
[Added by Ord. #1366, § 6443.12]
No permittee, or the agents or employees thereof, shall violate
or fail to observe any term or condition of a permit issued by the
Council.
[Added by Ord. #1366, § 6443.13]
The City Manager, the Chief of Police, the License Collector,
or the Council on its own motion may file a complaint with the Council
claiming a violation of the permit granted pursuant to the provisions
of this section and request a hearing to suspend or revoke such permit.
Any such permit may be revoked or suspended at any time by the
Council after a public hearing, due notice of which shall be given
in writing to the permittee. Such notice shall be in writing and may
either be served personally or by registered mail, addressed to the
permittee at the address set forth in the application, and the posting
of a notice on the premises for which the permit was granted. At the
hearing if the Council shall find on evidence heard that the continuation
of such dance does not or will not comport with the public peace and
welfare for any reason, or that the dance has been conducted in an
illegal, improper, or disorderly manner, or that any condition or
restriction of the permit has been violated, or that the owner, operator,
or person in charge thereof has violated or permitted the infraction
of any law of the state or of any section of this Code in the conduct
of the permitted activity, the Council may revoke, suspend, or cancel
the permit, and it shall be of no further force or effect, and any
and all fees, charges, bonds, or securities posted with the City in
connection with the operation shall be forfeited.
The hearing required for the suspension, cancellation, or revocation
of a permit shall be held as soon as possible and in no event more
than 21 days after a complaint is filed with the Council, and the
Council shall determine whether or not such permit shall be suspended
or revoked within 21 days after closing the public hearing on such
complaint.
The conviction in any court of competent jurisdiction in the
county of any permittee or the responsible officers of any corporation
or association of a violation of any provision of this section or
a violation of any permit which may have been granted to any permittee
pursuant to the provisions of this section shall cause such permit
to be automatically suspended, and notice thereof shall be posted
on the premises by the City, and written notice shall be given to
the permittee of such action.
[Added by Ord. #1366, § 6443.14]
No establishment shall permit the entertainment conducted therein
to be audible for a distance in excess of 25 feet from such establishment,
nor shall it conduct the entertainment so that the noise is unreasonably
loud, raucous, jarring, disturbing, or a nuisance to persons within
the area of audibility on the outside of the premises.
[Added by Ord. #1366, § 6443.15]
Thirty days before any permit required by the provisions of
this section expires the permittee may, in writing, request the renewal
thereof, providing no action is pending to revoke, cancel, or suspend
the permit, without the holding of a public hearing. A fee of $500
shall be paid at the time the request for the renewal of the permit
is filed with the Licensing Department, which fee shall be for the
processing of the application and the investigation required by the
Council.
[Added by Ord. #1366, § 6443.16]
Notwithstanding any other provisions of this Code to the contrary,
alcoholic beverages may be served in a ballroom dance hall or at a
place where public dances are held when the sale and serving of such
beverages are permitted by state laws.
[Added by Ord. #1366, § 6443.18]
No public dance, public dance hall, or ballroom dance hall shall
be conducted where a permit is required which does not provide unlocked
doors with free and easy egress while patrons are in the establishment.
[Added by Ord. #1366, § 6443.19]
Every permit and the current renewal thereof shall be posted
in a conspicuous place on the premises where the dance for which such
permit is issued is conducted and shall remain so posted during all
times.
[Added by Ord. #1366, § 6443.20]
The Chief of Police or his officers shall inspect any and all
establishments issued a permit pursuant to the provisions of this
section.
[Added by Ord. #1366, § 6443.21]
The Chief of Police and/or his officers shall be permitted by
every permittee to enter free of charge any establishment issued a
permit pursuant to the provisions of this section for the purposes
of inspection.
[Added by Ord. #1366, § 6443.22]
It shall be unlawful for any person who is intoxicated or under
the influence of any drug to appear in or be in any establishment
issued a permit pursuant to the provisions of this section. A person
who conducts or assists in conducting any such establishment shall
not permit any intoxicated person or person who is under the influence
of any drug to appear, be, or remain at such place.
[Added by Ord. #1366, § 6443.23]
At every public dance or dance hall having a capacity of less
than 200 persons, not less than two adult employees, including one
female, for the first 200 persons and one additional employee for
each additional 100 persons, up to 500 persons, who could be accommodated,
whether actually present or not, shall be constantly in attendance
during the time any dance is in progress. Such employees shall be
of good moral character and reputation and shall be employed by the
permittee or person in charge of any public dance or dance hall, and
each such employee shall devote his entire time and attention to keeping
order at any dance hall and shall display appropriate identification
to his official status. Such employees shall specifically check the
admission and presence of minors, check disorderly conduct, enforce
the provisions of this section, and require compliance with the conditions
of any permit issued for such dance.
Not less than one able-bodied male adult employee shall be employed
by the permittee or person in charge of any public dance or dance
hall as a parking lot attendant or custodian, which employee shall
be continuously on duty at such parking lot when any dance is in progress.
Such employee shall devote his entire time and attention to keeping
order in the parking lot and shall display appropriate identification
of his official status. He shall specifically enforce the provisions
of this section and require compliance with the provisions of any
permit issued for the dance which the parking lot serves.
No person shall be in or about any public dance or public dance
hall for the purpose of acting as a dance partner with the patrons
of such place for hire on a salary, percentage, or in any other method
of employment.
[Added by Ord. #1366, § 6443.24]
Every public dance hall or ballroom dance hall and every place
where any dance regulated by this section is held shall be lighted
throughout to the intensity of not less than three footcandles during
all times when any dance is being held except while a floor show is
in progress.
[Ord. #1366, §§ 6443.25]
The Council may from time to time adopt rules and regulations
governing public dances and dance halls, which shall be by resolution
and which may be made a part of any permit granted pursuant to the
provisions of this section. Such applicant, or person in charge of
any public dance or dance hall shall comply with such rules and regulations
as the Council may adopt by resolution. Upon the adoption of any such
rules or regulations, a copy of such resolution shall be forwarded
by registered mail to each applicant holding such permit.
[Added by Ord. #1366, § 6443.26]
Before any employee required by the provisions of this section
is employed, the name of such person shall be registered by the Chief
of Police, and unless such employee is approved by the Council for
such employment, he shall not be employed and shall not constitute
an employee required by the provisions of this section.
[Added by Ord. #1366, § 6443.27]
Every person conducting any dance or dance hall shall provide
parking for motor vehicles as required by the Council. All parking
lots so provided shall be lighted, and such lights shall be sufficient
to permit the reading of a clean automobile license plate at a distance
of 25 feet or, in the alternative, shall have a light intensity of
not less than two footcandles.
[Added by Ord. #1366, § 6443.28]
A violation of any provision of this section shall be a misdemeanor.
[Ord. #856, § 6445]
No person operating a public dance hall or a public dance in
the City shall permit any person under the age of 18 years to be present
in any public dance hall or to participate in any public dance at
any time between 6:00 p.m. and 1:00 a.m. following unless accompanied
by the parent or legal guardian of such person.
[Added by Ord. #991, § 6445.1]
Except as provided in this section, it is a misdemeanor for
any person, parent or guardian to permit any person under the age
of 18 years to enter, be or dance in any public dance or dance club,
unless accompanied by parent or legal guardian.
a.
A permit to conduct and sponsor a teenage dance at which minors within
the ages hereinafter specified may be in attendance may be issued
to an adult sponsoring group subject to the terms and conditions of
this section.
b.
Permits secured under the terms and conditions of this section shall
be granted with fee waived.
c.
A teenage dance as used in this section shall mean a nonprofit public
dance held or conducted exclusively for minors between the ages of
13 and 19 years of age, inclusive.
A dance is a nonprofit dance within the meaning of this subsection
if the dance expenses incurred in connection therewith are reasonable
and net receipts of any admission fees or contributions collected
in connection therewith are expended exclusively for child welfare
or charitable purposes.
d.
A permit for a teenage dance shall be issued only to an adult sponsoring
group which has assumed full responsibility for the event, its direction
and its funds, and which has been recommended by the City Police Department
and granted by the City Council. Those social agencies recommended
by the City Police Department may be granted a permit to conduct and
sponsor teenage dances, which shall be valid for a period not to exceed
one year.
e.
The application shall specify the name and address of the sponsoring
group and contain the names and addresses of its officers. It shall
contain the dates upon which and the address of the place where the
dance is to be held, the approximate attendance expected and the minimum
number of adult supervisors who will be in attendance at all times
during which dancing is in progress. Not more than 20% of the total
number of persons admitted as participants to any teenage dance may
be over 19 years of age.
f.
The application shall be accompanied by adequate certification by
the Building Department and Fire Department that the place where the
dance is to be held is reasonably adequate for the purpose and conforms
with existing safety and fire ordinances and specifying the maximum
number of persons that may safely be accommodated at the dance.
g.
All places where teenage dances are held must, at all times when
open for dancing, be adequately lighted and the volume of illumination
must not be less than one footcandle in all parts of the building
accessible to participants. Any off-street parking facilities made
available for the use of participants in any teenage dance shall also
be adequately lighted.
h.
No minor admitted to a teenage dance will be permitted to leave and
reenter the dancing premises during the course of the evening, and
no passout checks shall be issued unless required by the physical
arrangements of the premises.
i.
No alcoholic beverages shall be sold, consumed or available on the
premises in or about which any teenage dance is held. Admission to
a teenage dance shall be denied to any person showing evidence of
drinking or who has any alcoholic beverage on his person.
j.
All dancing shall be of an acceptable social standard, and the dress
of participants must be in conformity with accepted standards. Sufficient
adult supervision shall be provided at all teenage dances to ensure
that accepted standards of social conduct are followed.
k.
No dancing at any teenage dance shall be permitted after the hour
of 12:00 midnight unless the permit issued for that dance specifically
authorizes the continuance of dancing for a later hour. Such continuances
may be authorized in the discretion of the issuing agency.
l.
Any person who loiters around or about the premises at which a teenage
dance is being conducted is guilty of a misdemeanor.
m.
The provisions of this section relative to securing a permit shall
not apply to any teenage dance conducted and sponsored by any agency
or department of any City, county, school district or other political
subdivision of this state which is normally engaged in youth or child-serving
activities.
[Ord. #856, § 6446.2]
No prostitute, male or female procurer, vagrant, bootlegger,
or other lewd or dissolute person, or any person who has pleaded guilty
to or been convicted, within one year, of being a vagrant, shall be
present in any public dance hall or at any public dance.
[Ord. #856, § 6446.3]
No person shall be employed for compensation or promise of compensation
of any nature whatsoever at any public dance or public dance hall
to act as a dancing partner for visitors or guests or anyone in the
dance hall.
[Ord. #856, § 6447]
Every person seeking admission to a public dance hall or public
dance shall, upon the request of the manager, proprietor, doorkeeper,
or managing agent of the proprietor of such public dance hall or public
dance, register his true name, age, and address in his own handwriting.
[Ord. #856, § 6448]
All public dance halls, and all places appurtenant thereto,
shall be at all times, and without any charge, open to the members
of the Dance Hall Committee of the Council and to the Chief of Police
and his deputies or assistants.
[Ord. #856, § 6449]
The Council Committee may order the outside of any dance hall
illuminated at the expense of the management.
[Ord. #856, § 6493]
No license can be granted for fortune telling until an application
has been filed with and approved by the City Council.
The application shall be accompanied by an investigation fee of $50, and in addition to the information required by § 9-4 the applicant shall furnish the following information to the City Council:
a.
The number of persons to be employed therein.
b.
A detailed account of the manner in which the business will be conducted.
c.
Affirmative proof that the conduct of the business at the location
desired will not be detrimental to the values of surrounding properties
and will not detrimentally affect the health, morals, comfort and
general welfare of the community.
[Added by Ord. #1448, § 6419.1; Ord. #1628, adopted
8-11-1981, § 2]
Every person, firm, copartnership, association or corporation
offering for sale or selling any gasoline or other motor vehicle fuel
to the public from any place of business in the City shall post or
display a sign which is clearly visible from any street or highway
adjacent to such place of business, which sign indicates the actual
price per gallon, including all taxes, at which each grade of gasoline
or other motor vehicle fuel is currently being offered for sale or
sold.
a.
Liters. Every person, firm, copartnership, association or corporation
selling, offering for sale or advertising for sale at retail to the
general public any gasoline or other motor vehicle fuel from any place
of business in this City by use of or through or from any dispensing
apparatus and displaying any sign showing the actual total price per
liter shall, in addition, display in a conspicuous fashion in full
view of the retail purchaser in accordance with provisions of this
Chapter a gallon-to-liter conversion table showing quantity and price
equivalents; and this requirement shall become effective within three
months of the date this section was adopted and approved. [August
11, 1981]
b.
Air and Water Apparatuses. Every person, firm, copartnership, association
or corporation selling, offering for sale or advertising for sale
at retail to the general public any gasoline or other motor vehicle
fuel from any place of business in this City by use of or through
or from any dispensing apparatus shall maintain on its premises, in
a place readily accessible to the public, air and water dispensing
apparatuses operative during business hours; and this requirement
shall become effective within six months of the date this section
was adopted and approved. [August 11, 1981]
[Added by Ord. #1448, § 6419.2]
No person, firm, copartnership, association or corporation shall advertise, either in connection with the sign required by the provisions of Subsection 9-14.1 or otherwise, any grade of gasoline, motor fuel or other similar product which is not immediately available for sale to the public on the business premises.
[Added by Ord. #1448, § 6419.3]
Any sign posted or displayed pursuant to the provisions of Subsection 9-14.1 shall not be inconsistent with the provisions of Article 8 of Chapter 7 of Division 8 (Sections 20880, et seq.) of the Business and Professions Code of the state.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 856.
[Ord. #2031, § 2]
a.
It is the purpose and intent of this section to provide for the orderly
regulation of massage establishments and massage technicians, as defined
herein, in the interests of the public health, safety and welfare
by providing certain minimum building, sanitation and health standards
for massage establishments and by providing certain minimum qualifications
for the operators of massage establishments and for massage technicians.
b.
It is the purpose and intent of this section to address the negative
impacts identified in the legislative findings to reduce or prevent
neighborhood blight, to protect and preserve the quality of the City's
neighborhoods and commercial districts, to protect the City's retail
trade, to maintain property values, to protect and preserve the quality
of urban life, to deter criminal activity, to enhance enforcement
of criminal statutes relating to the conduct of operators and employees
of the establishments and to promote the health, security and sanitation
of customers.
c.
It is the purpose and intent of this section to establish reasonable
requirements and standards to ensure the protection of the health,
safety and welfare of both customers and employees of massage establishments,
to reduce the opportunities for acts of prostitution and other illegal
activities from occurring in these establishments, to minimize confusion
caused by misleading and deceptive advertising and to provide for
effective utilization of public safety resources commensurate with
the level of criminal activities.
[Ord. #2031, § 2]
As used in this section, the words and phrases hereinafter set
forth shall have the following meanings ascribed to them unless the
context clearly requires to the contrary.
Shall mean any person who applies for a license to operate
a massage establishment or a permit to act as a massage technician.
Shall mean the Chief of the Compton Police Department or
designee, assistant or agent.
Shall mean the City of Compton and its representatives.
Shall mean the City Council of the City of Compton.
Shall mean the business license to operate a massage establishment
as required by this section.
Shall mean the person to whom a license has been issued for
the operation of a massage establishment and/or in matters of operation,
administration, organization, record-keeping, monitoring or enforcement
all designees, agents and employees.
Shall mean the designee(s) of the owner or operator responsible
for managing the operation of the massage establishment, keeping records,
supervising massage technicians and other employees and ensuring that
the massage establishment conforms to the provisions of this section.
Shall mean any method of treating any of the external parts
of a person, including but not limited to rubbing, stroking, kneading,
tapping, pounding, vibrating or stimulating with the hands, feet,
elbows or any other part of the body, with or without the aid of any
instrument or device and with or without supplementary aids such as
rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion,
ointment or other similar preparations. The term "massage" shall include,
but is not limited to, acupressure, shiatsu, alcohol rubs, Russian,
Swedish or Turkish Baths, showers and other similar actions.
Shall mean a place where massage is performed or offered.
It includes any place, including a private club or organization, wherein
any person engages in, conducts or carries on, or permits others to
engage in, conduct or carry on, massages, baths or health treatments
involving massage or baths as the principal functions.
Shall mean any person who administers to another person a
massage, alcohol rub, fomentation, bath, electric or magnetic massage
procedure or other similar procedure.
Shall mean the Compton Municipal Code.
Shall mean any person who manages or who is otherwise primarily
responsible for the operation of a massage establishment, and shall
include each and every person responsible for establishing personnel
policy, hiring personnel, ensuring that the massage establishment
complies with the requirements of this section and of other laws and
of establishing and administering any and all policies established
by the licensee for the operation of the massage establishment.
Shall mean the permit to engage in the activities of a massage
technician as required by this section.
Shall mean the person to whom a permit has been issued for
engagement in the activities of a massage technician.
Shall mean any individual or combination of individuals,
firm, association, partnership, corporation or joint venture and shall
include owners, partners, whether full or limited, directors and stockholders
of any of the foregoing.
Shall mean any school or institution of learning which teaches
the theory, ethics, practice, profession or work of massage, which
school or institution complies with California Education Code Section
94310 or 94311 and which requires a resident course of study of at
least 300 hours over a period of at least three months before the
students shall be furnished with a diploma or certificate of graduation.
Any school or institution of learning offering or allowing correspondence
course credit not requiring actual attendance at class shall not be
deemed a "recognized school of massage."
[Ord. #2031, § 2]
a.
It shall be unlawful for any person to operate or allow to be operated
a massage establishment in or upon any premises within the City unless
a valid business license shall have been issued for such operation
in accordance with the provisions set forth in this section. All massage
establishments shall be required to obtain any other licenses or permits
required by local, state and federal law.
b.
There shall be a maximum of one massage establishment license granted
for every 30,000 residents within the City of Compton.
[Ord. #2031, § 2]
a.
Application for a license to operate a massage establishment shall
be made to the Chief of Police. A nonrefundable fee of $600 shall
be required when the application is submitted. This fee shall be used
to defray, in part, the costs of investigation and reports and is
not made in lieu of any other fees or taxes required under the Municipal
Code.
b.
Submittal of an application does not authorize the operation of a
massage establishment until such license has been granted.
c.
Each application for a license shall include the following information:
1.
The exact name, including any fictitious name, under which the massage
establishment is to be operated.
2.
The present or proposed address where the massage establishment is
to be conducted.
3.
A description of all service(s) to be provided.
4.
The full name of all applicants, including maiden names, all married
names, aliases, nicknames and any other names used.
5.
The type of ownership of the business — i.e., whether individual,
partnership, corporation or otherwise.
6.
If the applicant is a corporation, a certified copy of its articles
of incorporation and any authorization to issue stock.
7.
If the applicant is a partnership or limited partnership, a certified
copy of the partnership agreement.
8.
Each applicant, including officers, directors and/or stockholders
holding 10% or more of the stock in the case of a corporate applicant,
shall furnish the following information:
(a)
The present and two previous residence addresses of each applicant.
(b)
The names and present residence addresses of at least five bona
fide residents of the state who will attest that each applicant is
of good moral character.
(c)
Written proof of the age of each applicant.
(d)
Each applicant's height, weight, color of eyes and hair, driver's
license number and Social Security number.
(e)
The business, occupation or employment of each applicant for
the five-year period immediately preceding the date of the application.
(f)
Each applicant's business license history as it relates to massage
establishments or similar businesses; whether the applicant has had
such a license revoked or suspended in this or any other state and
the reason therefor and the applicant's business activity or occupation
subsequent to said suspension or revocation.
(g)
A complete listing of any conviction, forfeiture of bond or
plea of nolo contendere upon any criminal violation or City ordinance
violation (except minor traffic violations) and the place and court
in which such conviction, plea or forfeiture was heard, the specific
charge and the sentence imposed as a result thereof.
(h)
Whether the applicant has ever been convicted of any crime specified
in Section 51032 of the California Government Code and, if so, the
circumstances thereof and the sentence therefor.
(i)
A statement that each applicant has read the provisions of this
section, understands same and agrees to abide by all rules and regulations
contained herein.
9.
Concurrent with filing the application, each applicant shall be fingerprinted
and photographed by the Chief of Police.
10.
A complete plot plan and floor plan of the massage establishment
showing the following information:
(a)
A professionally prepared plot plan and floor plan drawn to
1/8 inch scale and 1/4 inch scale, respectively, showing all property
boundary lines and off-street parking; and
(b)
Location of all counters, equipment, partitions, sinks, plumbing,
walls, electrical and any other alteration or improvements necessary
for the operation of the massage establishment.
11.
A map of the subject property and all properties within 1,000 feet
of its exterior boundary. The map shall be drawn to scale and shall
show all street names, lot lines and street addresses as well as the
land use of each individual parcel.
12.
A list of all businesses owned or controlled by each applicant within
1,000 feet of the massage establishment.
13.
The name and residence addresses of the owner of the real property
where the massage establishment is to be conducted; a copy of the
lease or rental agreement if the applicant is not the legal owner
and a notarized acknowledgment from the owner that a massage establishment
will be located thereon.
14.
A complete list of the names and residence addresses of all managerial
personnel, massage technicians, employees and attendants at the massage
establishment.
15.
Authorization for the City to seek information and conduct an investigation
into the truth of the statements set forth in the application and
the qualifications of each applicant for the license.
16.
Such other identification and information as may be necessary to
verify the truth of the matters herein specified as required to be
set forth in the application.
d.
Falsification of any of the above information shall be deemed sufficient
reason for denial of the application.
[Ord. #2031, § 2]
a.
The Chief of Police shall have a reasonable time in which to investigate
the license application and the background of each applicant and the
premises for the protection of the public interests. The Chief of
Police shall approve or deny the license application in the manner
provided herein.
b.
The Police Department shall conduct an investigation to verify the
facts contained in the license application and any supporting data.
The investigation shall be completed and a report and recommendation
made in writing to the Chief of Police. The Building and Planning
Department, the Fire Department and the Los Angeles County Health
Department shall inspect the premises proposed to be devoted to the
massage establishment and shall make separate recommendations to the
Chief of Police concerning compliance with the provisions set forth
in this section. The applicant shall pay all fees associated with
the required inspections.
c.
The Chief of Police shall notify the applicant of the approval or
denial of the license application within 90 days of its submittal.
The Chief of Police shall deliver the notification to the applicant
by registered or certified mail at the address as shown on the license
application. The foregoing ninety-day deadline is directory only;
failure to meet such deadline shall not affect the power of the Chief
of Police to deny or otherwise act on such license application.
d.
In the event the license application is approved, the Chief of Police
shall include an authorization to issue the business license to operate
a massage establishment for submittal to the City Treasurer.
[Ord. #2031, § 2]
a.
The Chief of Police shall approve an authorization to issue the business
license to operate a massage establishment if he finds:
1.
The required fees have been paid;
2.
The application conforms in all respects to the provisions set forth
in this section;
3.
The applicant has not made a material misrepresentation in the application;
4.
The applicant has not been convicted of an offense specified in Section
51032 of the California Government Code;
5.
The applicant has not had a massage establishment license or massage technician permit or similar license or permit denied or revoked for cause by the City or any other municipality located in or out of this state within five years prior to the date of this application, nor has the applicant or any employee of the applicant at a massage establishment operated by the applicant engaged in any actions which, had the applicant been operating under a license or permit, would have constituted grounds for revocation or suspension of such license or permit within five years of the date of the application. The Chief of Police may waive compliance with this paragraph for applications submitted under subsections 9-15.26 or 9-15.28;
6.
The applicant is a minimum of 21 years of age;
7.
The proposed massage establishment is not located within a 1,000-foot
radius of any other massage establishment, any residentially zoned
property, any church, school or park; and
8.
The proposed massage establishment would comply with all applicable
laws, including, but not limited to, building, fire, electrical, plumbing,
health and zoning requirements and standards.
b.
Failure to obtain the business license to operate a massage establishment
within 180 days from the date the Chief of Police approved the authorization
to issue the license shall result in its automatic expiration and
a new application shall be required.
c.
The City Treasurer shall issue the business license to operate a
massage establishment if he finds:
[Ord. #2031, § 2]
It shall be unlawful for any person to act as a massage technician
unless a valid permit has been issued for such activity in accordance
with the provisions set forth in this section.
[Ord. #2031, § 2]
a.
Application for a permit to act as a massage technician shall be
made to the Chief of Police. A nonrefundable fee of $300 shall be
required when the application is submitted. This fee shall be used
to defray, in part, the costs of investigation and reports and is
not made in lieu of any other fees and taxes required under the Municipal
Code.
b.
Submittal of the application does not authorize performing as a massage
technician until such permit has been granted.
c.
Each applicant for a permit shall furnish all the information required by Subsection 9-15.4c8 and shall be fingerprinted and photographed by the Chief of Police.
d.
In addition, each applicant shall furnish the following information:
1.
A certificate from a medical doctor licensed to practice in the State
of California stating, under penalty of perjury, that the applicant
has been examined within 30 days immediately preceding the date of
application and found to be free of any contagious or communicable
disease of a type which could be transmitted as a result of performing
the massage service.
2.
A diploma or certificate of graduation from a recognized school of
massage.
3.
Proof that the applicant has qualified for, taken and passed the
National Certification Examination given by the National Certification
Board for Therapeutic Massage and Bodywork (NCETMB).
4.
The name and address of the massage establishment at which the applicant
proposes to work.
5.
Such other identification and information as may be necessary to
verify the truth of the matters herein specified as required to be
set forth in the application.
e.
Falsification of any of the above information shall be deemed sufficient
reason for denial of the application.
[Ord. #2031, § 2]
a.
The Chief of Police shall have a reasonable time in which to investigate
the permit application and the background of the applicant for the
protection of the public interests. The Chief of Police shall approve
or deny the permit application in the manner provided herein.
b.
The Chief of Police shall notify the applicant of the approval or
denial of the permit application within 60 days of its submittal.
The Chief of Police shall deliver the notification to the applicant
by registered or certified mail at the address as shown on the permit
application. The foregoing sixty-day deadline is directory only; failure
to meet such deadline shall not affect the power of the Chief of Police
to deny or otherwise act on such permit application.
c.
In the event the permit application is approved, the Chief of Police
shall include an authorization to issue a massage technician permit
for submittal to the City Treasurer.
[Ord. #2031, § 2]
a.
The Chief of Police shall approve an authorization to issue the permit to act as a massage technician if he finds that the applicant complies with all the requirements of Subsection 9-15.6a1 through 9-15.6a6 and in addition finds:
1.
The applicant has furnished an acceptable medical certificate in compliance with Subsection 9-15.8d1;
2.
The applicant has furnished an acceptable diploma or certificate
of graduation from a recognized school of massage; and
3.
The applicant has passed the National Certification Examination for
Therapeutic Massage and Bodywork (NCETMB).
b.
Failure to obtain the permit to act as a massage technician within
180 days from the date the Chief of Police approved the authorization
to issue the permit shall result in its automatic expiration and a
new application shall be required.
d.
The permit shall include the name and address of the massage establishment
listed in the permit application and shall only authorize the permittee
to perform massage services at that massage establishment.
[Ord. #2031, § 2]
Every licensee and every person employed at a massage establishment
including managerial and security personnel, clerks, attendants and
massage technicians shall obtain a registration card, containing a
current photograph, issued by the Chief of Police. The card shall
be worn and plainly visible at all times the person is on the premises.
There shall be an initial fee of $75 for each registration card.
The initial registration card fee shall be included in the application
fee for licenses and permits.
All registration cards shall be renewed annually. There shall
be a fee of $25 for the renewal or replacement of any registration
card.
[Ord. #2031, § 2]
a.
Every license to operate a massage establishment and permit to act as a massage technician shall be renewed annually in accordance with § 9-2 of the Municipal Code.
b.
Thirty days prior to expiration of a license the licensee shall apply
to the Chief of Police for renewal of the registration cards for all
managerial and security personnel as well as all other employees who
are not massage technicians.
c.
Thirty days prior to expiration of a permit the permittee shall submit
to the Chief of Police the following items:
1.
A certificate from a medical doctor licensed to practice in the State
of California stating, under penalty of perjury, that the permittee
has been examined within 30 days immediately preceding the date the
renewal request was submitted and found to be free of any contagious
or communicable disease of a type which could be transmitted as a
result of performing the massage service.
2.
An update on the information contained in the original permit application
setting forth any changes thereto.
3.
An application for renewal of the permittee's registration card.
d.
If the licensee or permittee has failed to submit the items required
herein within 30 days following the annual anniversary date of the
permit, then the underlying license or permit shall be null and void
and shall automatically be revoked.
[Ord. #2031, § 2]
No massage technician trainee shall perform massages, baths
or health treatments to or upon a member of the general public while
on the premises of a licensed massage establishment.
[Ord. #2031, § 2]
a.
In the event a license or permit application has been denied or a
license or permit suspended or revoked the applicant shall have the
right to appeal such decision to the Council. An appeal must be filed,
in writing, with the City Clerk within 15 days after the notice of
denial, suspension or revocation is sent by registered or certified
mail to the applicant and shall state the grounds wherefore and wherein
the Chief of Police failed to conform to the requirements of this
section. An appeal which is not filed within the time prescribed or
which does not set forth the grounds upon which it is based shall
not constitute an appeal in compliance with this section.
b.
Upon the receipt of an appeal from the action of the Chief of Police,
the Council shall set the matter for a hearing and shall serve a notice
of the time and place thereof by registered or certified mail at the
address as shown on the appeal at least 15 days in advance of the
hearing.
c.
The Council may affirm the denial, revocation or suspension, or order
the issuance or reinstatement of any license or permit upon adoption
of findings in support of its decision. The determination of the Council
shall be final.
[Ord. #2031, § 2; amended 10-26-2021 by Ord. No. 2339]
Every massage establishment shall maintain facilities meeting
the following requirements:
a.
Compliance with all Municipal Code requirements.
b.
A minimum distance of 1,000 feet shall be maintained from any other
massage establishment, residential zone, church, school or park.
c.
Minimum ventilation shall be provided in accordance with the provisions
of the California Building Code. To allow for adequate ventilation
in cubicles, rooms and areas provided for patron use which are not
serviced directly by required window or mechanical systems of ventilation,
partitions shall be constructed so that their height does not exceed
75% of the floor-to-ceiling height of the area in which they are located.
d.
Doors that are used to enter or exit a room to be used for performing
massage shall not contain any locking mechanism.
e.
All plumbing and electrical installation shall be installed under
permit, shall be inspected by the Building Inspection Division of
the Department of Building and Planning and shall conform to the Building,
Plumbing and Fire Codes.
f.
A recognizable and readable sign shall be posted at the main entrance identifying the premises as a massage establishment. All such signs shall comply with the sign requirements of the City and shall not imply that services other than those identified in Subsection 9-15.2 are available.
g.
Minimum lighting shall be provided in accordance with the California
Building Code, and at least one artificial light of not less than
40 watts shall be provided in each enclosed room or booth where massage
services are being performed.
h.
Adequate equipment for disinfecting and sterilizing instruments used
in performing massage services shall be provided.
i.
Massage tables shall be a minimum of 30 inches in height. Pads used
on massage tables shall be covered with durable, washable plastic
or other acceptable waterproof material.
j.
Closed cabinets shall be provided for the storage of clean linen.
k.
Separate massage rooms, separate dressing facilities and separate
toilet facilities shall be provided for male and female patrons. Dressing
and toilet facilities shall be clearly marked for male or female patrons.
l.
Adequate bathing, dressing, locker and toilet facilities shall be
provided for patrons. There shall be a minimum of one tub or shower.
There shall be a dressing room containing a separate locker capable
of being locked for each patron to be served. There shall be separate
rest rooms for males and females, each having a minimum of two toilets
and two washbasins.
m.
The walls in all rooms where water or steam baths are given shall
have washable, mold-resistant surfaces.
n.
Clean and sanitary towels and linens shall be provided for each patron
of the massage establishment receiving massage services. No common
use of towels or linens shall be permitted.
o.
A minimum of one separate washbasin shall be located within or adjacent
to the area devoted to the performing of massage services and shall
be provided with soap or detergent, hot and cold running water and
single-serving, sanitary towels placed in permanently installed dispensers
at all times.
[Ord. #2031, § 2]
Every massage establishment shall comply with the following
requirements:
a.
There shall be managerial personnel on the premises at all times
the massage establishment is open for business. Managerial personnel
must be familiar with the requirements of this section and be capable
of communicating its provisions to employees and patrons. All managerial
personnel must be capable of effectively communicating with any City
official, employee or patron.
b.
Each person performing massage shall have a valid, unrevoked permit
to act as a massage technician issued by the City and it shall be
unlawful for any managerial personnel to employ or permit a person
to act as a massage technician who is not in possession of said permit.
c.
Each massage establishment shall have at least one person who has
a valid, unrevoked permit to act as a massage technician on the premises
at all times while the massage establishment is open for business.
d.
The operator of a massage establishment shall maintain a register
of all persons employed as massage technicians and their permit numbers.
Such register shall be made available for inspection by the City at
any time during the massage establishment's business hours.
e.
No massage establishment shall operate or conduct business between
the hours of 9:00 p.m. to 7:00 a.m. All customers, patrons and visitors
shall be excluded from the premises when the massage establishment
is closed.
f.
A list of services available and the costs of such services shall
be posted in an open, public place on the premises. The list of services
shall be in English and in readily understandable language and all
letters and numbers shall be capitals not less than 1/2 inch in height.
No managerial personnel shall permit and no massage technician shall
offer to perform services other than those posted nor charge a price
in excess of those posted for the provision of any service.
g.
No massage establishment shall place, publish, distribute, disseminate or broadcast, or cause to be placed, published, distributed, disseminated or broadcast, any advertising matter that would reasonably suggest to prospective patrons that any service is available other than those services described in Subsection 9-15.2, nor shall any massage establishment indicate in the text of any advertising that any service is available other than those services described therein.
h.
All massage establishments shall provide clean and sanitary towels,
sheets and linens in sufficient quantity. Towels, sheets and linens
shall not be used by more than one person. Reuse of such linen is
prohibited unless the same has first been laundered. Heavy white paper
may be substituted for sheets provided that such paper is used once
for each patron and then discarded in a sanitary receptacle.
i.
Wet and dry heat rooms, steam or vapor rooms or cabinets, shower
rooms and compartments, toilet rooms and pools shall be thoroughly
cleaned and disinfected as needed and at least once each day the premises
are open with a disinfectant approved by the Los Angeles County Health
Department. Bathtubs shall be thoroughly cleaned with disinfectant
approved by the Health Department after each use. All walls, ceilings,
floors, pools, showers, bathtubs, steam rooms and all other physical
facilities of the massage establishment shall be in good repair and
maintained in a clean and sanitary condition.
j.
All employees and massage technicians shall perform all services
on the premises in full outer garments. For the purposes of this section,
the term "full outer garments" shall refer to the person being clothed
in a fully opaque garment that covers all parts of the person's body
from and including the top of the person's shoulders to a point no
higher than one inch above the top of the knee.
k.
No person shall enter, be in or remain in any part of a massage establishment
while in possession of, consuming or using any alcoholic beverage
or drugs except pursuant to a prescription for such drugs. Managerial
personnel shall not allow any such person to enter or remain upon
such premises.
l.
No massage establishment shall operate a school of massage nor use
the same facilities as that of a school of massage. 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 student of the school. A dummy may be used.
m.
No managerial personnel shall allow any person to touch the genitals
of another person during the performance of any massage service.
n.
No massage technician shall touch the genitals of another person
during the performance of any massage service.
o.
Due to the requirement and need for accountability in the performance
of massage, it shall be unlawful for any massage establishment to
permit a massage technician to provide massage services within the
establishment unless that massage technician is an employee directly
accountable to the licensee.
p.
The violation upon the premises of any massage establishment of any
provision of this section by any person shall constitute a violation
by the licensee.
[Ord. #2031, § 2]
The license to operate a massage establishment and all permits
to act as a massage technician shall be displayed in a conspicuous
place so that the same may be readily seen by persons entering the
massage establishment premises. In addition, all managerial personnel,
all massage technicians and any other employees shall wear, whenever
they are on the premises, the registration card issued by the Chief
of Police.
[Ord. #2031, § 2]
No licensee shall operate under any designation not specified
in the license.
[Ord. #2031, § 2]
The Chief of Police may approve a change in the location of a license to operate a massage establishment or a permit to act as a massage technician provided the change complies with the provisions of subsections 9-15.6, 9-15.10 and all other applicable ordinances and regulations of the City. There shall be a change of location fee of $200 for licenses and $100 for permits.
[Ord. #2031, § 2]
Licenses and permits are nontransferable. Any effort to transfer,
sell or hypothecate a license or permit shall render it null and void.
[Ord. #2031, § 2]
The Chief of Police and any and all investigating officials
of the City shall have the right to enter massage establishments from
time to time during regular business hours to make reasonable inspections
to observe and enforce compliance with building, fire, electrical,
plumbing or health regulations.
[Ord. #2031, § 2]
Each and every patron shall be required to supply reliable verification
of his or her identity. Every licensee shall keep a record of the
date and hour of each treatment, the name and address of the patron
and the name of the massage technician administering such treatment.
Said record shall be open to inspection by officials of the City charged
with the enforcement of these provisions and shall be maintained for
a period of two years. The information furnished or secured as a result
of any such record shall be used only to ensure and enforce compliance
with the Municipal Code and other applicable laws and shall otherwise
be confidential. Any unauthorized disclosure or use of such information
shall constitute a misdemeanor and shall be subject to the penalty
provisions of this section in addition to any other penalties provided
by law.
[Ord. #2031, § 2]
The licensee shall maintain and make available to the Chief
of Police, upon request, ledger books, daily journals and other accounting
records which truly and correctly show the income, expenses and distribution
of all profits, if any, pertaining to the massage establishment. The
purpose of the foregoing is to provide the City with a means to determine
whether or not there has been a transfer of any interest in the massage
establishment and to determine the identity of any and all persons
that own an interest therein. The Chief of Police may require such
other financial information and records to effectuate this purpose.
Additionally, the foregoing financial records shall be provided to
the Chief of Police when a previously existing massage establishment
applies for licensing, renewal or relocation.
[Ord. #2031, § 2]
a.
The Chief of Police may suspend or revoke any license or permit at
any time upon a determination of any of the following:
1.
There has been a failure to fully comply with the provisions of this
section, any requirement or condition imposed by the Chief of Police
or any law of the State of California regulating massage establishments
or massage technicians;
2.
There has been a material false statement made in the application;
3.
There has been a transfer of an ownership interest in the massage
establishment;
4.
There has been false, misleading or deceptive advertising as specified
in this section;
5.
There has been a failure to correctly keep and make available for
inspection the records and documents specified by this section;
6.
The license or permit was used for a different purpose than that
for which it was issued or in violation of this section; or
7.
The licensee, applicant, managerial personnel, operator or massage
technician has been convicted of any crime specified in Section 51032
of the California Government Code.
b.
Notice of a decision to suspend or revoke a license or permit shall
be given in writing. The notice shall be delivered by registered or
certified mail to the licensee or permittee at the address shown on
the license or permit application.
c.
The licensee or permittee may appeal the action by the Chief of Police within 15 days in accordance with the provisions of Subsection 9-15.14.
d.
Any suspended license or permit must either be reinstated or revoked
by the Chief of Police within 90 days after the date of suspension
thereof.
[Ord. #2031, § 2]
Each licensee or permittee shall immediately surrender his or
her license or permit to the Chief of Police upon its revocation or
suspension.
[Ord. #2031, § 2]
No person may apply for a license or permit under this section
within one year from the denial of a license or permit to such applicant
or within one year from the revocation of a license or permit issued
to such licensee or permittee, unless the cause of denial or revocation
has been cured to the satisfaction of the Chief of Police or the Council.
[Ord. #2031, § 2]
Upon the sale or transfer of any interest in a massage establishment
the license issued pursuant to this section shall be null and void
unless the sale or transaction is to an applicant shown on the application
for the license pursuant to which the massage establishment was operated.
A new application under this section shall be made by any person desiring
to own or operate such massage establishment.
[Ord. #2031, § 2]
Any massage establishment and all persons who had been engaged in performing massages and had been licensed prior to the effective date of this section shall have 90 days to comply with all application and other requirements of this section. Any previously existing massage establishment located within 1,000 feet of any other massage establishment, residential zone, church, school or park shall be permitted to apply for that location and, if a license is approved, remain thereon for a period of three years, at which point it must relocate in accordance with the locational standards contained in subsections 9-15.6a7 and 9-15.5a.
Failure to submit an application for a massage establishment license or massage technician permit or failure to comply with subsections 9-15.8 through 9-15.23 within the ninety-day compliance period shall render any previously issued license or permit automatically null and void. Denial of an application for a massage establishment license or massage technician permit shall likewise render any previously issued license or permit automatically null and void.
[Ord. #2031, § 2; Ord. #2100, § b1]
a.
This section shall apply to all facilities at which massage services
are performed and all persons performing massage services unless specifically
exempted herein.
b.
Subsection 9-15.7 shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions and while performing activities encompassed by such professional licenses:
1.
Physicians, surgeons, chiropractors, osteopaths and physical therapists
who are duly licensed to practice their respective professions in
the State of California.
2.
Health care professionals licensed by the State of California to
provide services or treatments included in the term "massage" as herein
defined.
3.
Nurses registered under the laws of the State of California.
4.
Coaches and trainers in accredited high schools, junior colleges
and colleges or universities acting within the scope of their employment.
5.
Barbers and beauticians who are duly licensed under the laws of the
State of California but only when lawfully engaged in providing the
professional services performed pursuant to such licenses.
c.
Subsection 9-15.3 shall not apply to the following classes of facilities:
1.
The offices of licensed physicians, surgeons, chiropractors, osteopaths,
physical therapists or other health care professionals licensed by
the State of California that employ a maximum of one massage technician
to provide massage services while such licensed medical or health
care professional is on the premises, the services are performed under
direct supervision and medical recommendation and the massage technician
has obtained a permit in accordance with this section.
2.
The premises of a bona fide, licensed barber shop or beauty parlor
that employs a maximum of one massage technician to provide massage
services while the business is open to the public for nonmassage services
and provided the massage technician has obtained a permit in accordance
with this section.
3.
Hospitals, nursing homes, sanatoria or other health care facilities
duty licensed by the State of California.
[Ord. #2031, § 2]
a.
It shall be unlawful for any person to violate any of the provisions
of this section or any of the rules and regulations set forth, established
or promulgated hereunder.
b.
Any violation of this section shall constitute full and sufficient
grounds for the suspension or revocation of a license to operate a
massage establishment or a permit to act as a massage technician at
the sole discretion of the Chief of Police.
c.
Any failure or refusal of any person to allow premises inspections
or to make immediately available for inspection the records and documents
specified by this section upon demand by the Chief of Police during
the operating hours of any massage establishment shall be a violation
of the provisions of this section and shall be grounds for suspension
or revocation of the license.
d.
Any violation of this section is a misdemeanor and shall be punishable
by a fine of $1,000 or imprisonment for a term not to exceed six months
or both.
e.
Any massage establishment operated contrary to the provisions of
this section shall be and the same is declared to be unlawful and
a public nuisance. In addition to any other penalty provided by law,
the City Attorney may commence an action or proceeding for the abatement,
removal and enjoinment thereof in the manner provided by law, and
the City Attorney shall take such other steps and shall apply to such
courts as may have jurisdiction to grant such relief as will abate
or remove such massage establishment and restrain and enjoin any person
from operating a massage establishment contrary to the provisions
of this section.
[Ord. #2031, § 2]
Nothing in this section shall be construed to modify, repeal
or affect the zoning laws of the City.
[Ord. #856, § 6450]
As used in this section:
Shall mean any lot or parcel of land where more than two
motor vehicles are stored or parked in the open air for a consideration.
[Ord. #856, § 6451]
No person shall establish, conduct, maintain, or carry on a
parking lot without first obtaining a permit from the Chief of the
Fire Department and paying the license fee herein required.
[Ord. #856, § 6452]
One unit of portable fire extinguishers shall consist of:
[Ord. #856, § 6452.1]
Units of portable fire extinguishers of the following number
and type shall be installed and maintained as follows:
a.
In every parking lot, during business hours, for the first 2,500
square feet of ground area or fractional part thereof, at least one
unit, and for each additional 25,000 square feet of ground area or
fractional part thereof, one additional unit.
[Ord. #856, § 6453]
At least one competent male person over the age of 21 years
shall be in charge of and on duty at each parking lot during the hours
that the same is open for business, and there shall be installed and
maintained at each street entrance thereto, a sign plainly visible
from the street with letters not less than six inches high stating
the time that such parking lot opens and closes and the schedule of
prices charged for parking.
[Ord. #856, § 6453.1]
A receipt, bearing the name of the person operating such parking
lot, and the address thereof, shall be delivered to every person parking
any vehicle therein otherwise than on a weekly or monthly basis, which
receipt shall be presented to the attendant thereof by any person
demanding such vehicle unless such attendant is otherwise satisfied
as to the right of such person to receive the same.
[Ord. #856, § 6454]
Each parking lot shall have one separate entrance and exit to
each parking lot.
[Ord. #856, § 6455; Ord. #886]
Regardless of the existence of warning signs, no vehicle shall
be parked in or on any parking lot in such a manner that any portion
thereof extends over any portion of any sidewalk or walkway or into
any street.
[Ord. #856, § 6455.1]
A barrier or guard rail shall be placed on each parking lot
in such manner as to prevent any vehicle from rolling back or going
over any portion of any sidewalk or walkway or street.
[Ord. #856, § 6455.2]
No operator of any parking lot holding a permit and license
hereunder shall solicit patronage by standing on the streets or sidewalks
and ask or request or ballyhoo members of the public to use the parking
lot, or to make any unnecessary noise or disturbance for any reason
whatsoever.
[Ord. #856, § 6455.3]
No entrance or exits to any parking lot shall be by means of
planks or boards laid against the curbing except on special permit
from the City Manager, and no such permit shall be granted by the
City Manager if the granting thereof would cause injury or damage
to such curbing.
[Ord. #856, § 6455.4]
No operator of any parking lot holding a permit and license
hereunder shall back any vehicle out of any parking lot into or on
any street, or other public thoroughfare.
[Ord. #856, § 6456]
Application shall be made to the Chief of the Fire Department for a permit, which application shall contain the following information in addition to the information required by § 9-4:
a.
The area comprising the premises where the auto park is to be conducted.
b.
The hours of business and the schedule of rates to be charged.
c.
The Fire Chief shall also require such other information as will
enable him to determine that all of the provisions of this section
or other regulation applicable to the operation of a parking lot have
been complied with.
[Ord. #856, § 6457]
Nothing in this section contained herein shall be construed
to relieve the holder of a license hereunder from complying with any
and all other ordinances or regulations applicable to the conduct
of its business.
[Added by Ord. #1595, § 2-6500]
a.
Minors. No owner, manager, proprietor or other person in charge of
any room in any place of business selling, or displaying for the purpose
of sale, any device, contrivance, instrument or paraphernalia for
smoking or injecting, or consuming marijuana, hashish, PCP, or any
controlled substance, as defined in the Health and Safety Code of
the State of California, other than prescription drugs and devices
to ingest or inject prescription drugs, as well as roach clips, and
cigarette papers and rollers designed for the smoking of the foregoing,
shall allow or permit any person under the age of 18 years to be,
remain in, enter or visit such room unless such minor person is accompanied
by one of his or her parents, or by his or her legal guardian.
b.
Minors Excluded. A person under the age of 18 years shall not be,
remain in, enter or visit any room in any place used for the sale
of, or displaying for sale, devices, contrivances, instruments or
paraphernalia for smoking or injecting marijuana, hashish, PCP, or
any controlled substance, other than prescription drugs, and devices
to ingest or inject prescription drugs, including roach clips, and
cigarette papers and rollers designed and used for smoking the foregoing,
unless such person is accompanied by one of his or her parents, or
his or her legal guardian.
c.
Sale and Display Rooms. A person shall not maintain in any place
of business to which the public is invited the display for sale, or
the offering to sell, of devices, contrivances, instruments or paraphernalia
for smoking or injecting marijuana, hashish, PCP, or any controlled
substance, other than prescription drugs and devices to ingest or
inject prescription drugs, including roach clips, and cigarette papers
and rollers designed and used for smoking the foregoing, unless within
a separate room or enclosure to which minors not accompanied by a
parent or legal guardian are excluded. Each entrance to such a room
shall be signposted in reasonably visible and legible words to the
effect that narcotic paraphernalia are being offered for sale in such
a room, and minors unless accompanied by a parent or legal guardian
are excluded.
[Added by Ord. #1595, § 2-6500]
Violation of this section may result in revocation or suspension of business licenses and permits in accordance with Subsection 9-1.31. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violations of this Code.
[Added by Ord. #980, § 6500; Ord. #990]
It shall be unlawful for any person to present and/or hold out
that any sale of goods, wares and merchandise is an insurance, bankruptcy,
mortgage, insolvency, assignee's, executor's, administrator's, receiver's,
trustee's, creditor's, forced liquidation, closing-out sale, or a
sale of goods, wares and merchandise damaged by fire, smoke, water,
or otherwise, or to use any other word or phrase, which would reasonably
convey to the public the belief that said person was retiring from
or closing his business, in the City, unless he shall have first obtained
a license from the City License Collector so to do. This section shall
not apply to public or court officers or to any person acting under
direction of state or federal Court in the course of their official
duties.
[Added by Ord. #980, § 6501]
As used in this section:
Shall mean and include both the singular and plural and shall
also mean and include any person, individual, firm, corporation, copartnership,
association, club; society or any other organization.
[Added by Ord. #980, § 6502; Ord. #990]
a.
Every person managing, conducting or carrying on a sale specified in Subsection 9-18.1 shall make written application to the City License Collector for a license so to do. This application shall be signed and sworn to by the applicant and shall state all the facts in regard to the contemplated sale, the period of time during which the sale shall be held, which period shall not exceed 60 days, but may be extended by an additional application to the City Council for another 30 days. The applicant shall also furnish satisfactory evidence by way of a statement in the application or otherwise that the merchandise which he proposes to sell is a bona fide part of his stock in trade and that the same has not been secured, purchased, or brought into the applicant's place of business for or in anticipation of such sale. Such application shall also contain the reason for such sale, an inventory of goods, which inventory shall show the actual purchase price, names of persons from whom such goods were obtained, the date of purchase of such goods, and all details necessary to identify fully the goods to be sold.
The applicant shall also state whether or not the goods to be sold were purchased at a former sale, conducted in compliance with Subsection 9-18.1. No license shall be issued to any person if it appears that the stock of goods was purchased at a former sale, as hereinabove set forth, less than one year prior to the date of his application.
b.
The City License Collector shall file the application and shall enforce
thereon the date such license is granted or refused.
c.
It shall be unlawful for any person to make a false statement in
such application.
[Added by Ord. #980, § 6503]
a.
Every person managing, conducting, or carrying on a sale as specified
herein shall pay the license fee required in the sum of $25 if the
inventory is $25,000 or less, and a further fee of $25 for each $25,000
of inventory in excess of $25,000.
b.
A license issued under the provisions of this section shall be valid
only for the inventoried goods.
c.
A license issued under the provisions of this section shall not be
transferable.
[Added by Ord. #980, § 6504]
It shall be unlawful for any person managing, conducting and/or carrying on a sale as specified in Subsection 9-18.1 to secure goods other than those enumerated in said inventory for the purpose of selling same at said sale.
[Added by Ord. #980, § 6505]
It shall be unlawful for any person having a license under this
section to add any goods to the inventoried stock and no goods shall
be sold except that included in the original inventory.
[Added by Ord. #980, § 6506]
It shall be unlawful for any person, firm or corporation to
conduct, maintain, operate or advertise at retail any fake sale of
goods, wares or merchandise within the City.
[Added by Ord. #980, § 9507]
For the purpose of this section, a fake sale is hereby defined
to be:
a.
The sale of goods, wares or merchandise at auction or otherwise to
agents, or any other persons purchasing the same for or on behalf
of the owner or other person interested in the sale thereof;
b.
The sale of goods, wares or merchandise or the offering of goods,
wares or merchandise for sale in limited quantity or quantities of
less than the full amount of such merchandise owned or carried in
stock by the person, firm or corporation offering the same for sale;
c.
The sale or offering for sale of goods, wares or merchandise of a
differing quality or brand and/or bearing a different trade mark as
a substitute for merchandise previously advertised for sale;
d.
The sale or offering for sale of any goods, wares or merchandise
misrepresented as to quantity, quality, brand or otherwise;
e.
The sale or offering for sale of any goods, wares or merchandise
which is contingent upon the concurrent purchase or sale of any other
article.
[Ord. #856, § 6480; Ord. #1221; Ord. #1391]
As used in this section:
Shall mean every person who buys or receives any motor vehicle,
as the term "motor vehicle" is defined in the State Vehicle Code,
or other vehicle for the purpose of dismantling or disassembling any
such motor vehicle or other vehicle, or reconditioning any such motor
vehicle or other vehicle, or selling or otherwise dealing in the materials
or parts of such motor vehicle or other vehicle.
Shall mean the form furnished by the Chief of Police to the
licensee for the purpose of the recording and furnishing by the licensee
to the Chief of Police of the required information relative to purchases,
pledges, or consignments.
Shall mean a person not having a fixed place of business
in the City who goes from house to house, or from place to place,
gathering, collecting, buying, selling, or otherwise dealing in any
old rags, sacks, bottles, cans, papers, metal (including gold or mercury),
or other articles commonly known as junk.
Shall mean a person (not an auto wrecker) having a fixed
place of business in the City and engaged in conducting the business
or buying, selling, or otherwise dealing in, either at wholesale or
retail, any old rags, sacks, bottles, cans, paper, metal (including
gold or mercury), or other articles known as junk.
Shall mean a person engaged in carrying on the business of
pawnbroking; or the business of lending money for himself or any other
person upon personal property, pawns, or pledges; or the business
of purchasing articles of personal property and reselling, or agreeing
to resell, such articles to the vendors or their assignees at prices
agreed upon at or before the times of such purchase.
Shall mean any room, store, building, or other place in which
any business of a pawnbroker is engaged.
Shall mean a person (other than a used car dealer or a dealer
in secondhand books or magazines) engaged in carrying on a business
of buying, selling, or otherwise dealing in secondhand goods.
Shall mean the act or practice of carrying on, on a single
location or premises, the exchange, barter, trade, sale, or purchase
of personal property among or between 25 or more persons, not otherwise
licensed to do business in the City, less frequently than six times
per week.
Shall mean that person or group of persons who organizes
or administers any swap meet.
Shall mean that person or group of persons who sets up a
table or booth or establishes any location within swap meet premises
to exchange, sell or purchase goods.
[Ord. #856, § 6481]
Before engaging in any of the businesses defined in this section,
the person proposing to enter into or conduct any such business shall
obtain the license so to do required by this section, and in addition
thereto, such licensee shall be subject to each and all of the terms,
conditions, and provisions of this section. No such license shall
be granted until an application has been filed with and approved by
the Council. Such application shall include a statement of all other
locations, within and without the City, where the applicant is conducting
similar businesses. Applicants shall furnish the fingerprints of all
persons, including the applicant, who will be active in dealing with
the public in connection with the proposed business.
[Amended by Ord. #1221, § 6481.1]
No license shall be issued to any applicant, and any license
issued to carry on any of the businesses defined in this section may
be revoked by the Council upon evidence satisfactory to the Council
that the applicant or the licensee, his agents or employees in connection
with his proposed or existing business, or any person connected or
associated with the applicant or licensee as a partner, director,
officer, stockholder, or person who is exercising, or is proposing
to exercise, managerial authority of or on behalf of the licensee
at such premises has:
a.
Knowingly made any false, misleading, or fraudulent statement of
a material fact in an application for a permit or in any record or
report required to be filed with the Police Department or City; or
b.
Violated any provision of this Code or of any statute relating to
his permitted activity; or
c.
Been convicted of a felony or other crime involving theft, embezzlement,
or moral turpitude; or
d.
Committed any act constituting dishonesty or fraud; or
e.
Committed any unlawful, false, fraudulent, deceptive, or dangerous
act while conducting a licensed business; or
f.
Published, uttered, or disseminated any false, deceptive, or misleading
statements or advertisements in connection with the operation of a
licensed business; or
g.
Violated any rule or regulation adopted by the Council or Police
Department relating to the business of the licensee; or
h.
Wilfully failed to comply with the terms of any contract made as
a part of the exercise of the licensed business; or
i.
Conducted the licensed business in a manner contrary to the peace,
health, safety, and general welfare of the public; or
j.
Demonstrated that he is unfit to be trusted with the privileges granted
by such licensee.
[Ord. #856, § 6482]
The Chief of Police shall cause to be prepared such numbers
of the Buy-Form referred to in this section as may be necessary in
order to enable the respective licensees under the provisions of this
section to execute and file the same and shall furnish such forms
free to such licensees for the purpose of their complying with the
provisions of this section.
[Ord. #856, § 6482.1]
A copy of this section, together with any amendments thereto
that affect the type of business of the licensee, shall be furnished
each new licensee upon the first delivery to such licensee of the
Buy-Form. A reasonable number of additional copies of this section,
and amendments thereto, may be procured from the office of the Chief
of Police by any licensee upon request.
[Ord. #856, § 6482.2]
Every such licensee shall obtain from the Chief of Police, and
fill out and complete in quadruplicate, an appropriate Buy-Form covering
each day's transactions of such licensee. Within three hours after
the close of business of any business day, each such licensee shall
mail or deliver to the Chief of Police the original Buy-Form, together
with two duplicate copies thereof, covering the business transacted
on such day.
[Ord. #856, § 6482.3 — 6482.4; Ord. #1349]
The Buy-Forms referred to in this section shall contain a full,
true, and complete report of all goods or things received on deposit,
consigned, pledged, or purchased during the day covered by such form,
and shall also contain such other information as may be required by
the Chief of Police and which, in the opinion of the Chief of Police,
considering the type of business of the licensee, may assist in the
detection of stolen property. Each such licensee shall enter, or cause
to be entered, upon the Buy-Form positive identification furnished
by the seller, pledgemaker, or consignor, such as his driver's license
number, work badge number, auto or truck license number, or junk collector's
business license number, in addition to the true name and address
of the seller, pledgemaker, or consignor. The licensee shall require
the seller, pledgemaker, or consignor to furnish a plain impression
fingerprint of his right index finger, or next finger in the event
of amputation, upon the reverse side of the original sheet of the
Buy-Form.
a.
Copies. Every licensee shall preserve for a period of at least two
years the fourth, or quadruplicate, copy of the Buy-Form containing
a carbon copy record thereon of the original writing made, or caused
to be made, by the licensee, the original of which has been furnished
to the Chief of Police. Every such record shall be produced by the
licensee for inspection by any peace officer within such two-year
period, and any property pledged, purchased, or received by such licensee
which is described or referred to in any such Buy-Form shall likewise
be produced by such licensee for inspection by the peace officer upon
request, if such request is made within the period during which the
licensee is required by the provisions of this section.
[Ord. #856, § 6482.5]
The Chief of Police shall maintain a file consisting of the
originals of all Buy-Forms received pursuant to the provisions of
this section for a period of at least two years after receipt thereof,
and such Buy-Forms shall be open to inspection by any peace officer.
[Ord. #856, § 6482.6]
Every such Buy-Form, report, or record made by or through the
licensee shall be written or printed entirely in the English language
in a clear and legible manner.
[Ord. #856, § 6482.7]
Every person making any Buy-Form report shall sign his true
name and give the true name and correct address of the licensee.
[Ord. #856, § 6482.8; Ord. #1221]
Every person who sells, pledges, or consigns any property to
any licensee in the course of business covered by the license of such
licensee, shall furnish on the "Buy-Form" report or record, true positive
identification to the licensee by which such person can be located
by the Chief of Police. Such person shall also sign his true name
and age and write or print his true address upon the "Buy-Form" in
the space provided for same at the same time such business is transacted.
No person shall sign a fictitious name or age or any other than his
true name and age, or give any address other than his true and correct
address.
[Ord. #856, § 6482.9]
No person shall write the name of any other person as a signature
to any "Buy-Form," report or record, as all such "Buy-Forms," reports
and records shall bear as signatures only the true names of the persons
so subscribing the same.
[Ord. #856, § 6482.10]
No person shall fail, refuse or neglect to submit the "Buy-Forms"
to the Chief of Police within the time required by, and in full compliance
with, the provisions of this section, if such forms have not been
so submitted by some other person, and if such person is:
a.
A person required by this section to obtain a license; or
b.
A person in charge of the business of such person required by this
section to obtain a license; or
c.
An agent or employee of such person required by this section to obtain
a license; and the duties of such agent or employee include the submission
of such "Buy-Forms."
[Ord. #856, § 6482.11; Ord. #1221]
No licensee engaging in, managing, conducting or carrying on
the business of a "Junk Dealer", "Junk Collector", "Secondhand Dealer",
"Auto Wrecker", or "Pawnbroker", or his employee or agent, shall receive,
buy, trade, exchange or otherwise acquire an interest in any goods
or things, from any person under the age of 18 years. Any statement
to such licensee, employee or agent by a person under the age of 18
years to the effect that he or she is over the age of 18 years shall
not excuse such licensee or his agent or employee of such licensee
from any violation of this section.
[Added by Ord. #1221, § 6482.12]
No person shall interfere with, prevent, or refuse to permit
a police officer to make an examination, inspection, or copy of any
record of a licensee hereunder, or to examine the premises of the
business establishment as described in said business license or to
examine or inspect any property acquired by the licensee or his agents
in the course of their business.
[Ord. #856, § 6483]
A foundry or junk dealer shall not melt, destroy, sell or otherwise
dispose of any metal purchased or received by such dealer which is,
or by economically feasible repair can be made usable for the purpose
for which it was originally designed, until at least 21 days after
making a report to the Chief of Police, as required by the provisions
of this section, that such metal has been received by such foundry
or junk dealer.
[Ord. #856, § 6483.1; Ord. #1221]
The following rules and regulations shall govern junk dealers:
a.
Rules Listed:
1.
All articles of property defined as junk under Subsection 9-19.1 received or purchased shall be described fully and reported within 24 hours on a form approved by the Police Department. The report shall be filled out completely and legibly written in the English language. A duplicate record shall be kept at the place of business and shall be open for inspection by any peace officer.
(a)
Exceptions. The following articles of property shall be exempt
from Rule 1: Old rags, papers, boxes, bottles, sacks, rope and metals
other than those described in Rules 2 and 3.
2.
All non-ferrous metals and nickel alloys (including Monel and Nickeloy)
defined as junk received or purchased shall be held 21 days in the
same condition as when received and shall be open to public view.
(a)
Exceptions. Non-ferrous metals and nickel alloys may be released
or sold within 21 days of reporting to the Chief of Police providing
authorization has been received from the Chief of Police. The licensee
shall for a period of two years keep a record of the destination and
disposition of property released in this manner and such record shall
be made available for inspection of any peace officer. Such authorization
shall not relieve the licensee of any responsibility, in the event
said property is later determined to be stolen.
(b)
Whenever a licensee contracts to purchase scrap metals from the responsible head of public utility companies, airplane factories, manufacturers of metal products or other prime "generators" of metal products and the payment for such scrap metals is by check made payable to the company involved, the holding and reporting provisions set forth shall not apply. The recording provisions of Subsection 9-19.20, however, shall remain in full force and effect.
3.
The following ferrous metals defined as junk received or purchased
shall be held three days after the report reaches the Police Department.
Such metals must remain in the same condition as when received, and
shall be open to public view during this holding period: fence material,
pipe, chain, foundry castings, and cable.
4.
It shall be the responsibility of the licensee to notify the Chief
of Police in writing immediately of any change in management or ownership
or location.
5.
It shall be the responsibility of the licensee to familiarize himself
and his agents with all the laws whether state or local, relating
to the junk business.
6.
No storage facilities, other than those approved by the Chief of
Police, shall be maintained.
7.
Articles of property defined as junk received or purchased from another
licensee who has recorded, reported and held such junk as required,
shall be exempt from further holding or reporting providing the selling
licensee gives the buying licensee written assurance of such recording,
reporting and holding. In this instance, the selling licensee shall
be held responsible for any failure to report or hold.
8.
The licensee shall enter on the required form the license number
of the junk collector from whom the property was purchased or received.
9.
All bicycles or bicycle parts received, purchased or disposed of
(as junk) by a licensee shall be recorded, reported and held in accordance
with instructions from the Juvenile Division of the Police Department.
Licensee, before dealing in bicycles or their parts, shall contact
the Juvenile Division of the Police Department.
10.
A copy of these Rules and Regulations shall be posted in a conspicuous
place on the premises.
[Ord. #856, § 6483.2; Ord. #1221; Ord. #1337; Ord.
#1349]
The following rules and regulations shall govern pawnbrokers:
a.
Rules Listed.
1.
It shall be the responsibility of the licensee to notify the Chief
of Police in writing immediately of any change of management, ownership,
or business location.
2.
It shall be the responsibility of the licensee to familiarize himself
and his employees and agents with all the laws, whether state or local,
relating to the pawn broker business.
3.
No storage facilities, other than those approved by the Chief of
Police, shall be maintained.
4.
All goods or personal property purchased shall be held 24 hours from
the time of such purchase in the same condition as when received.
5.
A copy of these Rules and Regulations shall be posted in a conspicuous
place on the premises.
[Added by Ord. #1391, § 6483.3]
The following rules and regulations shall govern swap meets:
a.
The provisions of this section shall apply to the operators of all
swap meets in the City. The provisions of this section shall apply
to all items or articles of property sold and exchanged at or in any
swap meet or in connection with the business of operating a swap meet.
The operator of each swap meet shall be responsible for compliance
with the provisions of this section on the part of each participant
therein. The operator of each swap meet shall be responsible for compliance
with the provisions of this section as to all the items or articles
of property sold or exchanged in connection with the operation of
such business.
b.
Swap meet operators shall be required to employ persons approved
by the Chief of Police and in such numbers as he shall determine appropriate,
based on the size and sponsorship of the swap meet.
c.
Swap meet operators shall confirm that all vendors selling or offering
for sale at the swap meet possess a valid City license and verify
the ownership of merchandise offered for sale.
[Ord. #856, § 6484]
The Chief of Police may place a hold order upon any property
acquired by the licensee in the course of any business subject to
the provisions of this section for a period of not to exceed 90 days,
and in such case the licensee shall retain such property for the prescribed
period and shall not dispose of such property in the meantime unless
upon written release of the Chief of Police. The Chief of Police may
also require the licensee to keep a true record of any such property
and to ascertain and report therewith the true name and address of
the person to whom such property was sold, transferred, or otherwise
disposed of.
a.
Release. The Chief of Police in his discretion may, in writing, release
any property covered by this section which he has inspected, either
personally or through his authorized officers, if after such inspection
he is satisfied that such property is in the lawful possession of
the licensee.
[Ord. #856, § 6485]
Except as hereinafter provided, goods covered by duly executed
and filed Buy-Forms and with respect to which any waiting periods
provided for herein are being observed may be sold or conveyed by
the licensee possessing the same to any other licensee of the City
engaged in the same or a similar business who is complying with the
provisions of this section without the necessity of executing and
delivering new Buy-Forms therefor; provided, however, both the seller
and the buyer in such cases shall notify the Chief of Police, in writing,
of such transfer at or before the time the transfer is actually made,
and provided, further, the transferee shall observe all unexpired
withholding periods with reference to any such goods.
[Ord. #856, § 6485.1]
The exceptions set forth in Subsection 9-19.21 shall not apply to purchases made by junk dealers from junk collectors or to transfers of property between such dealers and collectors.
[Ord. #856, § 6485.2]
The waiting period required by this section shall not apply
to property purchased on a bill of sale or invoice from a regularly
established place of business. As used in this section, "established
place of business" shall mean a place of business within the county
which has been dealing in the type of articles purchased at the same
location for not less than two years. Until any articles, goods, or
things pledged or consigned to or purchased by any licensee subject
to the provisions of this section are held for the time required by
this section or released by the Chief of Police, such licensee shall
not clean, alter, repair, paint, or otherwise change the appearance
of such articles, goods, or things. At all times during business hours
such licensee shall expose the same to public view.
[Ord. #856, § 6486]
No licensee subject to the provisions of this section shall
export from the City any goods or things pledged or consigned to or
received by such licensee in his capacity as such licensee until the
Chief of Police has inspected and released such property.
[Ord. #856, § 6486.1; Ord. #1221]
The provisions of this section requiring withholding and the
making and filing of Buy-Forms shall not be deemed to apply to:
a.
The purchase or sale by junk dealers or junk collectors of rags,
bottles (other than milk or cream bottles), secondhand sacks (other
than cloth cement sacks), shoes, lamps, stoves, or household furniture
(with the exception of sewing machines, televisions, radios, all musical
instruments, or any items to which the manufacturer thereof has assigned
a serial number);
b.
The purchase or sale by secondhand dealers of household furniture
(with the exception of sewing machines, televisions, radios, all musical
instruments, typewriters, or any other items to which the manufacturer
has assigned a serial number); and
c.
The receipt or sale of a secondhand article by any person who received
such secondhand article as part payment of a new article, if such
person is the authorized representative or agent of the manufacturer
of the new article sold.
[Ord. #856, § 6487]
No person engaged in conducting any business affected by or
to which this Chapter relates shall fail to make or file any Buy-Form,
statement, or report required by this Chapter in the form, in the
manner, at the time, and in all respects as required by and in full
conformity with the requirements of this Chapter; or fail to keep
the records required in the form and in the manner required by this
Chapter, or fail to exhibit to the Chief of Police, or to any police
officer of the City or other duly authorized person, immediately upon
demand for the privilege of such inspection, any such record or any
goods in his possession or under his control.
[Ord. #856, § 6488; Ord. #1221; Ord. #1391]
No person engaging in any business defined in this Chapter shall
accept any pledge of, or loan money upon, personal property, or purchase
or receive any goods, article, or thing, or engage in or conduct any
such business in any manner:
a.
Between the hours of 7:00 p.m. and 8:00 a.m. on any day from Monday
to Saturday, inclusive;
b.
Between the hours of 7:00 p.m. Saturday and 8:00 a.m. of the following
Monday; provided, however, any such place of business may be kept
open between the hours of 7:00 p.m. and 9:00 p.m. on any day from
Monday to Saturday, inclusive, provided the only business done therein
during such overtime hours shall be that of selling goods or other
personal property;
c.
On any of the following holidays: New Year's Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving Day, and Christmas; provided, however,
from December 14 to December 24, inclusive, excluding Sundays, any
such place of business may be kept open until 10:00 p.m. provided
the only business done therein during such overtime hours shall be
that of selling goods or other personal property;
d.
Except in the case of swap meet, where no such business may be conducted
in any manner between the hours of 9:00 p.m. and 7:00 a.m., Monday
through Sunday, inclusive, and on the following holidays: New Year's
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and
Christmas; provided, however, from December 14 to December 24, inclusive,
any such swap meet may be kept open until 10:00 p.m.
[Ord. #856, § 6489; Ord. #1062]
Before receiving or acting upon an application for the granting
of a permit to an auto wrecker or junk dealer, the Council shall as
hereinafter defined require:
a.
The payment of $300 as a permit fee therefor.
b.
Any person having a permit or City license as an auto wrecker or
junk dealer which has been previously issued to him shall comply with
all of the provisions of this section and, upon the expiration of
his yearly permit, shall secure a renewal thereof in conformity with
the provisions hereof.
[Ord. #856, § 6489.1]
The Council shall, before granting a renewal of any yearly permit,
require the payment of a $10 fee therefor.
[Ord. #856, § 6489.2; Ord. #1062]
Any person having a permit issued for the conduct of the business
of auto wrecker or junk dealer under the provisions of this subsection,
or under this section, may file an application for a transfer of location
upon the payment of a $10 fee for so doing, and it shall not be necessary
to pay any other permit fee herein required in connection with a change
of location; provided, however, the permit fee of $300 heretofore
mentioned shall entitle any person to operate only one auto wrecking
yard or junk yard in the City, and any person desiring an additional,
separate, and new location shall make a new application to the Council,
in conformity with the procedure heretofore outlined in this section,
and shall pay an initial filing fee of $300 for so doing; providing,
further, that any person holding a license or permit to conduct an
auto wrecking yard or junk yard at a given location should desire
to enlarge or extend the area of said place of business by adding
thereto adjoining or contiguous property, shall not be deemed to be
operating more than one auto wrecking yard or junk yard, but in the
event such adjacent or contiguous property is desired to be used in
connection with the original business location, the holder of said
permit shall file an application with the Council for a permit to
include such additional adjoining or contiguous property and shall
pay therefor a fee of $10 for so doing. Permits are not assignable.
[Added by Ord. #1279, § 6489.3]
No person shall be granted a permit by the Council to conduct
an auto wrecker or junk dealer business, nor shall any such permit
previously granted be renewed, unless, as a condition thereof, the
subject premises shall be entirely enclosed with either a solid masonry
wall, a concrete block wall, a solid wood fence, or a solid metal
fence not less than eight feet in height, with such entrances thereto
equipped with solid gates not less than eight feet in height; except
that corrugated metal shall not be utilized in the construction of
such fence or gates. This provision shall not be deemed to limit the
duty of the Council to impose other or further conditions to the granting
or renewal of any such permit reasonably deemed necessary to protect
and preserve the public peace, health and safety, and general welfare.
An auto wrecker or junk dealer business lawfully existing on
September 8, 1966, is hereby granted an automatic variance so as to
permit the continuation of said use for a period not exceeding three
years from September 8, 1966, provided no additions or enlargements
of such use are made during the period of such automatic variance
except those required by law unless full compliance with the provisions
hereof are effected prior to such additions or enlargements, and the
same are otherwise approved as may be required by law.
[Added by Ord. #1406, § 6-1200]
As used in this section:
Shall mean any telephonic system comprised of electronic
equipment or devices which is designed to:
[Added by Ord. #1406, § 6-1201; Ord. #1795, § 1;
Ord. #1812, § 3]
Every alarm user shall obtain an annual Alarm User's Permit
prior to the installation and use of an alarm system.
[Added by Ord. #1406, § 6-1202; Ord. #1795, § 2;
Ord. #1812, § 4]
Applications for Alarm Users' Permits shall be filed with the
City Treasurer's Office. A $25 filing and processing fee for residential
users and $50 for commercial users shall be paid at the time of filing
and said permits shall be valid for one year from date of issuance
and renewable at a fee of $15 and $40, respectively, thereafter. Copies
of permits and renewals shall be forwarded to the Office of the Chief
of Police.
[Added by Ord. #1406, § 6-1203]
The City Manager shall approve an application for a silent burglar
alarm system if he finds that the use of such alarm system to transmit
a signal, message, or warning to the Police Department through its
telephone lines will not interfere with the orderly conduct of City
business over such telephone lines.
[Added by Ord. #1406, § 6-1204]
a.
The City shall maintain the alarm system from the telephone company
terminal panel to the alarm system board located at the Police Department.
b.
The City shall furnish the necessary relay, which shall be compatible
to the alarm system.
c.
The alarm system company shall be responsible for the maintenance
and service of the equipment located at the location of the subscriber
and shall lease from the telephone company the telephone line from
the subscriber's location to the Police Department.
d.
The City Manager, or his designated representative, may impose reasonable
rules and conditions for the operation of the silent burglar alarm
system as he finds necessary to protect the public safety.
[Added by Ord. #1406, § 6-1205]
The City Manager, or his designated representative, shall have
the right to inspect any silent burglar alarm system on any premises
from which signals to the Police Department shall originate prior
to the issuance of any permit for the operation of the silent alarm
system, and he may cause an inspection of such alarm system to be
made at any time on such premises after the issuance of the permit
to determine whether such alarm system is used in conformity with
the terms of the permit and the provisions of this section.
[Ord. #1795, § 3; Ord. #1812, § 5]
Any alarm which generates more than three false alarms within
a twelve-month period shall be deemed an excessive user. Following
the third false alarm, the Chief of Police shall cause notification
to be made to the user of the false alarm ordinance and the administrative
fee schedule for additional false alarms.
A false alarm response is defined as police personnel initiating
any law enforcement response where no activity requiring a law enforcement
effort is deemed necessary to maintain public safety or the protection
of property.
An alarm user whose alarm system has generated more than three
false alarms within a twelve-month period shall be notified by the
Police Department within 10 days of police response to a false alarm
that a penalty has been assessed, and payment of an administrative
fee is due within 30 days of said notification.
Said user shall pay the assessed fee to the City Treasurer's
Office within 10 days and provide written notification to the Chief
of Police that said alarm has been inspected and repaired by a certified
alarm company and is in good working order.
The fee schedule for responding to such alarms is as follows:
|
Alarm Number
|
Fee
|
|---|---|
|
4
|
$50
|
|
5
|
$100
|
|
6
|
$150
|
a.
The City Treasurer's Office shall revoke Alarm Users' Permits for
those whose alarm systems have generated more than six false alarms
within a twelve-month period or those whose False Alarm Response Fees
are delinquent, and forward notice of same to the Office of the Chief
of Police.
b.
Alarm users, upon proof of payment of all delinquencies, verification
that corrective action has been taken to prevent false alarm responses,
and approval of the Chief of Police may re-apply for an alarm permit
following a thirty-day waiting period.
[Ord. #1795, § 4; Ord. #1812]
That installation and/or operation of a burglary or robbery
alarm within the City of Compton without a valid alarm user's permit
shall be deemed an infraction subject to a $100 fine.
[Ord. #856, § 6460]
As used in this section:
Shall mean any person in charge of driving, or operating
any taxicab, either as agent, employee, or otherwise.
Shall mean a place designated by the Traffic Authority for
the use, while awaiting employment, of any taxicab.
Shall mean a mechanical instrument or device, by which the
charge for hire of a taxicab is mechanically calculated either for
distance traveled or for waiting time, or both, which charges shall
be indicated by means of figures.
Shall mean any automobile or motor-propelled vehicle of a
distinctive color, of public appearance, such as is in common usage
in this country for taxicabs, used for the transportation of passengers
for hire over the streets of the City, and not over a defined route,
irrespective of whether the operations extend beyond the boundary
limits of said City, at rates for distance traveled, or for waiting
time, or for both, and such vehicle is routed under the direction
of such passenger or person hiring the same.
Shall mean the Chief of Police.
[Ord. #856, § 6461; Ord. #1296]
Applications for permits shall contain, in addition to the matters required under § 9-4, such information as may be provided by the rules and regulations of the Traffic Authority or the Council pertinent to the operation of such, the character and quality of the service of such taxicab.
a.
Citizenship. Every applicant for a permit required by this section
shall be a citizen of the United States of America, or a person who
has regularly declared his intention to become a citizen, and more
than 21 years of age.
b.
Investigation. The Traffic Authority shall investigate such applicant
and make a written report thereon to the Council.
c.
Public Hearings. No permit (not including annual renewals of existing
permits) for the operation of any taxicab shall be granted until the
Council, after a public hearing, determines that the public convenience
and necessity require the operation of such vehicles.
Before granting any new permit after an application therefor
has been made, the Council shall pass a resolution declaring that
an application therefor has been made, which resolution shall state
the name of the applicant and the terms and conditions of such application.
Such resolution shall fix and set forth the day, hour, and place when
and where such persons having any interest therein, or any objection
to the granting thereof, may appear before the Council and be heard
thereon. The Council shall direct the City Clerk to publish such resolution
at least once, within 10 days of the passage thereof, in the official
newspaper. Such notice shall be published at least 10 days prior to
the date of the hearing. The City Clerk shall also, at least 10 days
prior to the date of the hearing, mail a copy of such resolution to
every person then holding a permit for the operation of a taxicab
business. The copy of the resolution shall be mailed to the address
of such permittees as shown by the records of the City.
At the time set for the hearing, the Council shall proceed to
hear and pass upon all protests, and its decision thereon shall be
final and conclusive.
If the Council shall decree that the public convenience and
necessity require the operation of additional vehicles, and if there
exists in the City less than three taxicab companies operating under
valid permits, the Council shall then issue such applicant permittee
a permit to operate a number of taxicabs pertinent in amount to fulfill
the needs of the City, such number to be determined by the Council.
Upon the existence of three taxicab companies operating under
valid permits in the City, any subsequent applicant permittee shall
follow the application procedure described in this section. Upon the
conclusion of such procedure, if the Council shall decree that the
public convenience and necessity require the operation of additional
vehicles, the Council shall not issue such permits until each person
holding a permit for the operation of a taxicab shall have been notified
by the Council of its findings as to such additional taxicabs as are
found to be necessary to fill the expanding need.
Every person holding a permit for the operation of a taxicab
shall have the right to increase his service in the number proportionate
to the additional taxicabs found necessary as his total number of
taxicabs bears to the total number of taxicabs for which permits have
been issued, and, in the event any permittee fails, neglects, or refuses
to increase his service in the proportion as needed, such pertinent
amount shall be distributed proportionately to such other permittees.
In the event any established permittee refuses to increase his services
in the entire amount, the permittee applicant may obtain a permit
for such number of taxicabs as the established permittee will not
take after the expiration of his permit rights to the taxicabs which
any permittee refuses to take.
d.
Public Convenience; Findings of Fact. The Council, in determining
whether or not the public convenience exists, may make written findings
of facts as it may deem pertinent, which findings shall include specific
findings of the following:
[Ord. #856, § 6462; Ord. #1293; Ord. #1327; Ord.
#1402]
a.
Before any permit is issued, the owner of any taxicab shall be required
to file with the Council, and thereafter keep in full force and effect,
a policy of insurance in such form as the Council may deem proper,
executed by an insurance company approved by the Council, insuring
the owner and the Council against liability for any loss and damage
that may result to any person or property from the operation of such
taxicab, in amounts not less than the following sums:
For the injury of any one person in any one accident, $250,000;
and
For the injury of two or more persons or the death of two or
more persons in any one accident, $500,000; and
For property damage liability in any one accident, $100,000.
Such policy of insurance specified shall protect each taxicab,
or, in the event a group policy is carried, the amount of the policy
shall be the same as specified in this section multiplied by the number
of taxicabs operated.
b.
In the event of the return unsatisfied of any execution issued on
any judgment from which an appeal may be taken without bond rendered
against any such person in any suit for damages on account of injury
to persons or property caused by such taxicab, such person shall,
within 10 days after the return of such execution unsatisfied, increase
the amount of his insurance to the amount of such judgment, and failure
to do so shall forthwith cease the operation of such taxicab until
such insurance is filed or judgment is paid.
c.
All insurance policies shall contain a provision for a continuing
liability thereunder to the full amount of the penalty thereof, notwithstanding
any recovery thereon.
d.
No person shall operate any taxicab without having a policy of insurance
as required by the provisions of this section in full force and effect
at all times during the operation of such taxicab.
[Ord. #856, § 6463]
Taxicabs for which a permit has been issued shall be operated
by the owner or employee of the owner.
No owner and driver of such taxicab shall enter into any contract,
agreement, or understanding between themselves by the terms of which
such driver pays to or for the account of such owner a fixed or determinable
sum for the use of such vehicle.
[Ord. #856, § 6464]
a.
No taxicab permit shall be issued to any person until a standard
design and uniform color scheme has been adopted by the applicant
and approved by the Council which designates by color the owner of
such vehicle.
b.
No permit shall be issued to any person having a color scheme, name,
monogram, or insignia which conflicts with or imitates any color scheme,
name, monogram, or insignia used by another in such a manner as to
be misleading or tend to deceive or defraud the public.
[Ord. #856, § 6464.1]
Each permit issued hereunder shall entitle the holding owner to engage in the taxicab business upon the payment of the license fee provided for in § 9-2.
[Ord. #856, § 6464.2]
a.
A permit may be issued to the owner of a taxicab by the Traffic Authority
allowing such taxicab while awaiting employment to stand at certain
designated places upon the street.
b.
No such permit shall be granted by the Traffic Authority except upon
the regular application of such person desiring such stand.
c.
The application shall contain the written consent of the occupant
of the first floor of that portion of the building or property in
front of which it is desired that such vehicle shall stand, or, if
such building shall contain more than 25 residents or be used for
hotel purposes, the written consent of the person operating such hotel.
d.
If there is no building on the premises in front of which it is desired
that such vehicle may stand, or if there is a building and the first
floor is not occupied, such permit may be granted upon the written
consent of the owner of such building or premises.
e.
In front of any building used for hotel purposes containing more
than 100 guest residents, stand permits may be issued on the basis
of one vehicle for every 100 guest residents or a fraction thereof,
but none of such vehicles shall have permits to stand within a distance
of 15 feet inside of a line drawn from the center of the entrance
of such building at right angles to the street upon which such entrance
is located.
f.
In addition to the number of taxicabs that may be permitted to stand
upon a street within the limits of any one block as provided in this
section, the Traffic Authority may grant permission to a taxicab operator
to stand upon the street at the station of any interurban or bus transportation
system as may be necessary to meet the needs of the traveling public;
provided the consent of the owner of the interurban or bus transportation
system is first obtained by the operator for additional taxicabs.
[Ord. #856, § 6464.3; Ord. #1949, § 2]
a.
No more than three taxicabs shall have permits to stand on any street
within the limits of one block having a frontage of 500 feet or more,
nor shall more than two such taxicabs be permitted to stand on any
one street within such block having a frontage of less than 500 feet.
b.
No permit shall be issued for any stand to be located within 50 feet
of another stand on the same side of any street.
c.
Notwithstanding the provisions of this section, the Traffic Authority
shall have power and it shall be his duty to refuse the issuance of
such permit when it satisfactorily appears:
d.
The Traffic Authority may, after such a reasonable discretion grant
renewal or extension of permits for such stands.
e.
No taxicab shall be operated from any place except a stand designated
by the Traffic Authority.
f.
That all taxicabs shall be properly maintained, i.e. mechanical condition,
the safety, the cleanliness and appearance.
g.
No taxicab shall be more than five years old.
[Ord. #856, § 6464.4]
a.
No owner or driver of any taxicab shall stand while awaiting employment
at any place not a stand designated by the Traffic Authority, and
assigned to the owner of such taxicab.
b.
No owner or driver of any taxicab shall have such taxicab unattended
at a stand for a period of time longer than three minutes.
c.
Stands may be operated for a period of 24 hours a day except where
standing, stopping and parking vehicles is otherwise prohibited by
law.
[Ord. #856, § 6464.5]
a.
While in a stand upon any street awaiting employment a taxicab may
display a sign with the words thereon "For Hire." Such signs shall
be of metal and uniform size of six inches by nine inches.
b.
Such sign shall have a background of enameled dark color and the
letters or figures appearing thereon shall be white.
[Ord. #856, § 6464.6]
a.
Every taxicab used for carrying passengers for hire shall display
in the rear of the driver's seat and in full view of passengers a
card not less than 2 1/2 inches by five inches, not more than
three inches by six inches which shall have lettered thereon the owner's
name under which he is operating and the business address and telephone
number of such owner together with the rates to be charged.
b.
Every taxicab shall have painted upon the door of the taxicab the
name under which the owner operates together with the telephone number
and the taxicab number. The name of the cab, and the telephone number
shall be painted upon the rear of such taxicab. All of the letters
mentioned in this Paragraph shall be not less than 2 1/2 inches
in height and not less than a 5/16 in stroke.
c.
Every taxicab may show an electrically lighted vacant sign attached
to the top of such taxicab. Every such sign shall be not more than
2 1/2 inches high by nine inches in length.
[Ord. #856, § 6464.7]
No person shall display any sign other than those provided in
this section without first obtaining a written permit of the Traffic
Authority to do so.
[Ord. #856, § 6464.8]
a.
No owner operating any taxicab shall operate such vehicle unless
it is equipped with a taxi-meter of such type and design as may be
approved by the Traffic Authority. Every owner using such taxi-meter
shall at all times keep such taxi-meter accurate. Such meter shall
be subject to inspection from time to time.
b.
The Traffic Authority or any police officer is authorized at his
instance and upon the complaint of any person to investigate such
taxi-meter and upon the discovery of any inaccuracy of the taxi-meter
to remove any such taxicab equipped with the taxi-meter from the streets
until the taxi-meter shall have been correctly adjusted.
c.
All taxicabs shall base their charges upon taxi-meter and all taxi-meters
shall be placed so that the reading dial showing the amount to be
charged shall be well lighted as readily discernible by the passenger
riding in such taxicab.
d.
No driver of a taxicab while carrying passengers shall display the
flag attached to the taxi-meter in such a position as to denote that
such taxicab is not employed, or throw the flag of the taxi-meter
in a recording position when such vehicle is not actually employed
or fail to throw the flag of such taxi-meter in a non-recording position
at the termination of each and every service.
e.
No operator of any taxicab upon receiving payment or fare as indicated
by the taxi-meter shall refuse to give a receipt upon the request
of any passenger giving the payment.
f.
That notwithstanding anything in this section provided, the City
Council may authorize the owner or operator of any taxicab business
to post a schedule of fares in lieu of equipping any taxicab with
a taxi-meter, which schedule of rates shall be posted in a conspicuous
place in each taxicab, so that the same will be visible to any passenger
therein. The City Council, in fixing such schedule of fares, may do
so upon a flat mileage basis or by zoning the City into zones.
[Ord. #856, § 6465]
When a taxicab is engaged, the occupant shall have the exclusive
right to the full and free use of the passenger compartment and no
owner or driver shall solicit or carry additional passengers therein,
provided, however, that the Traffic Authority may upon application
of the permittee, authorize such permittee during the period of the
National War Emergency as proclaimed by the President of the United
States, to waive the provisions of this section above set forth when
in the judgment of the Traffic Authority it will be for the best interests
of the National War Effort to do so.
[Ord. #856, § 6465.1]
The passenger compartment shall be the rear section of the taxicab
and the front seat shall be the driver's compartment. Each taxicab
shall provide for carrying of baggage in the front section to the
right of the driver. No driver shall permit any passenger or any other
person except student drivers to ride in the front seat of the driver's
compartment when such taxicab is in motion, provided however, that
the Traffic Authority shall have authority to require all taxicabs
to provide a separate compartment for the driver separate from the
passenger compartment by a glass partition, provided, however, that
the Traffic Authority may, upon application of the permittee, authorize
such permittee during the period of National War Emergency as proclaimed
by the President of the United States, to waive the provisions of
this section above set forth when in the judgment of the Traffic Authority
it will be for the best interests of the National War Effort to do
so.
[Ord. #856, § 6466]
Any driver employed to carry passengers to a designated point
shall take the most direct route possible that will carry the passenger
safely and expeditiously to his destination.
[Ord. #856, § 6467]
a.
No person shall charge, collect, demand, receive or arrange for any
compensation for the services of any taxicab for hire in the City
in amount, rate or compensation greater than the charges or the rates
regulated by the Council.
b.
No operator of any taxicab upon receiving full payment for a fare
as indicated by the taxi-meter or schedule of fares, when such schedule
is permitted in lieu of taxi-meter, shall refuse to give a receipt
upon the request of any passenger making the payment.
[Ord. #856, § 6467.1]
The minimum and maximum rates of fare to be charged the public
by taxicabs operated over any street may be set from time to time
by the Council by Resolution.
No rate shall be placed in effect, charged, demanded or collected
for taxicab services other than such rates so provided by resolution
of the City Council pursuant hereto.
[Ord. #856, § 6467.2]
Irrespective of anything contained in the foregoing sections
of this section, the holder of a valid taxicab license issued under
this section, provided he maintains a taxicab service in the manner
set forth in the foregoing subsections of this section may in addition
thereto operate another and different type of taxicab service hereinafter
designated "flat rate service" under the following conditions, to
wit:
a.
Taxicabs operated under such flat rate service shall be painted a
different color as may be designated by the Traffic Authority and
shall be distinctively marked so as to differentiate the same from
the taxicabs used in regular type service.
b.
Flat rate service shall be conducted by charging each passenger a
flat rate of fare for transportation anywhere within designated zones
of the City of Compton; no rate shall be placed in effect, charged,
demanded or collected for such service other than such rates so provided
by resolution of the City Council pursuant thereto.
c.
The taxicabs used in such flat rate service shall not be required
to have a passenger compartment in the rear section separated from
the driver's compartment and passengers may be permitted to sit in
any seat in the cab.
d.
Taxicabs used in such flat rate service shall not be required to
be equipped with taxi meters.
e.
Occupants of taxicabs engaged in such flat rate service shall not
have the exclusive right to the full and free use of the taxicab and
the owner and driver thereof shall have the right to solicit and carry
additional passengers therein.
|
No licensee shall operate an additional service as herein set
forth unless authorized so to do by resolution of the City Council.
|
[Ord. #856, § 6467.3]
The Traffic Authority shall have authority to adopt such rules
and regulations as may be necessary for the service and safety of
the operation of taxicabs.
[Ord. #856, § 6468]
a.
The Chief of Police shall be the motor vehicle inspector of the Council and in addition to the powers of the Council to suspend or revoke permits or licenses under § 9-4, the Chief of Police may issue or suspend permits required herein when the permittee or licensee has not complied with the provisions of this section or shall have been arrested or convicted for the commission of a felony, reckless driving, pandering or the use, sale, possession, information or transportation of narcotics or illicit intoxicating liquors, or for assault and battery, or shall have charged rates greater than those which the permittee has on file with the Council or shall have violated any of the rules and regulations of the Council and Traffic Authority pertaining to the operation of and the extent, character and quality of the service of taxicabs.
b.
The action of the Chief Motor Vehicle Inspector in issuing or suspending
any of said permits shall be subject to the ratification and approval
by the Council without further action at any meeting held subsequent
to the action of the Chief Motor Vehicle Inspector but not later than
15 days thereafter.
[Ord. #856, § 6468.1]
All permits and licenses issued under the provisions of this
section shall be for a period not to exceed one year and all such
permits and licenses shall expire upon the last day of the current
year. All permits issued for all street stands upon the written consent
of a person operating a hotel must be renewed yearly. Other street
stand permits shall remain in full force and effect until same shall
be cancelled either on the request of the permittee or the person
who gave such written consent to use such stand by notifying the Traffic
Authority that such permission has been withdrawn. If the Traffic
Authority has cancelled a permit for a stand after having been notified
that the consent to use the same has been withdrawn, it shall not
grant a permit for a stand so cancelled for a period of six months
from date of cancellation.
[Ord. #856, § 6468.2]
Every driver of a taxicab must make written application to the
Traffic Authority setting forth his name, age, and residence and last
previous address and the length of his residence at each; whether
he is married or single; the name of the owner for whom he intends
to drive; whether he has ever been convicted of a felony or offenses
referred to in this section, and such other information as may be
required by the Traffic Authority.
The Traffic Authority shall cause an investigation of such an
application to be made and cause the applicant to be examined as to
his knowledge of the laws and ordinances regulating the operation
of motor vehicles and his ability to operate a taxicab service on
the streets of the City.
No driver's permit shall be granted to any person who is not
of good moral character, or who is under the age of 21 years or who
cannot speak the English language or who does not own a chauffeurs
license issued by the Motor Vehicle Department of the state.
[Ord. #856, § 6468.3; Ord. #990]
Every driver's permit granted by the Traffic Authority shall
be filed with the City License Collector who shall charge or collect
the sum of $2, and upon receipt of the amount shall issue to the holder
a "badge" of such design and bearing the words and numbers as may
be prescribed by the Traffic Authority. The badge shall at all times
be carried on the person of the driver during the times he is driving
such taxicab.
[Ord. #856, § 6468.4]
In addition to the requirements herein provided for obtaining
a driver's permit, every driver shall give and it shall be the duty
of the Police Department to take the fingerprints of such driver together
with his picture and such other information as will comprise a description
of the driver.
[Added by Ord. #1584, § 2-6430]
The provisions of this section shall be known as the "Tow Truck
Code" and may be cited as such.
[Ord. #2207, § 1]
Those tow truck operators chosen by the City Council to order
or request the towing of City vehicles or private vehicles desired
to be removed by the local authorized law enforcement agency(s) of
the City or auto abatement personnel, pursuant to provisions of law,
shall be limited to tow truck businesses that are in compliance with
the provisions of the Tow Truck Code.
[1]
Editor's Note: Former Subsection 9-22.2, Definitions, previously
codified herein and containing portions of Ordinance Nos. 1584 and
1715, was repealed in its entirety by Ordinance No. 2207.
[Added by Ord. #1584, § 2-6432]
This section is not the exclusive regulation of tow truck operations.
It shall be supplemental and in addition to the other regulatory codes,
statutes and ordinances heretofore enacted by the City and state or
any other legal entity or agency having jurisdiction.
[Ord. #2207, § 2]
Except as otherwise provided, the provisions of this section
shall be administered by the local authorized law enforcement agency(s)
of the City or other regularly employed and salaried employee designated
by such agency(s).
[Added by Ord. #1584, § 2-6434]
In order to operate within the City, a towing business shall
beforehand have duly obtained a towing service permit and business
license.
[Added by Ord. #1584, § 2-6435; Ord. #2207, § 3]
a.
Applications for permits to provide towing service within the City
shall be made on forms furnished by the local authorized law enforcement
agency(s) of the City containing spaces for such information with
reference to the applicant as the local authorized law enforcement
agency(s) of the City may reasonably require.
b.
All information required shall be given under oath.
c.
Each application shall be accompanied by a true photograph of each
applicant approximately 1 1/2 square inches and taken within
30 days of the date of application and by the true fingerprints of
the thumb and fingers of each hand of each applicant. In the case
of a corporation, such photograph and fingerprints shall be furnished
by the president and vice-president, secretary and treasurer of the
corporation; in the case of a partnership or firm, of each member
or partner of the partnership or firm; and in the case of individuals,
of each individual applicant. A nonrefundable fee of $12 shall be
remitted at the same time application for a towing permit is sought.
Such application shall be made in person between the hours of 8:00
a.m. and 4:00 p.m. on any Friday.
d.
Failure to furnish the required truthful information, photograph
and fingerprints shall be sufficient grounds for denial of any application.
[Added by Ord. #1584, § 2-6436; Ord. #2207, § 4]
All towing equipment used by towing service permit holders shall
comply with the following requirements:
a.
All applicable sections of tow car requirements listed in the California
Vehicle Code.
b.
Adequate equipment to handle any passenger vehicle, motorcycles and/or
large and small trucks, trailers, tractors and other similar heavy
equipment. Standard tow truck or trucks shall be used, not converted
pickup trucks.
c.
A cable winch of sufficient size and capacity to retrieve vehicles
which have gone over embankments or off traveled portions of roadways
into inundated areas or other inaccessible locations.
d.
Tow car operators must be proficient in unlocking vehicles on law
enforcement order when required.
e.
Tow trucks shall be radio-equipped with equipment approved by the
local authorized law enforcement agency(s) of the City.
[Added by Ord. #1584, § 2-6437.1]
All vehicles taken into custody by the Police Department must
be stored in areas that are enclosed by a substantial wire fence or
wall, and that have facilities for locking all gates or doors. Such
fence or wall enclosures shall not be less than six feet in height,
and shall be provided with not less than one gate or door of adequate
width and height. The bottom edge of the enclosure structure shall
not be more than two inches above the finished parking surface of
the enclosed area. All fence or wall enclosure structures shall be
maintained in first class order throughout the term of this contract.
Any damage to fence or wall structures shall be repaired within 24
hours to ensure proper protection for the stored vehicles. The facilities
shall have a capacity to store 200 vehicles outside and a capacity
to store 10 vehicles under sheltering cover giving protection from
the elements.
[Added by Ord. #1584, § 2-6437.2]
Storage lots and/or garages shall have an attendant on duty,
on the premises during normal working hours. Normal working hours
are defined as meaning from 8:00 a.m. to 5:00 p.m., Monday through
Friday, and from 8:00 a.m. to 12:00 noon on Saturday.
[Added by Ord. #1584, § 2-6438]
Any person having a permit issued for the conduct of the business
under the provisions of this section, may file an application for
a transfer of location upon the payment of an application fee of $12
for so doing and it shall not be necessary to pay any other permit
fee herein required in connection with a change of location; however,
the gross receipts tax mentioned in Subsection 9-2.1a19 shall entitle
any person to operate only one tow service in the City, and any person
desiring an additional, separate and new location shall make a new
application in conformity with the procedure heretofore outlined in
this section, and shall pay an initial application fee of $12 for
so doing.
[Added by Ord. #1584, § 2-6439]
Any person holding a license or permit to conduct a tow truck
service at a given location who should desire to enlarge or extend
the area of said place of business by adding thereto adjoining or
contiguous property shall not be deemed to be operating more than
one tow truck service; but in the event such adjacent or contiguous
property is desired to be used in connection with the original business
location, the holder of said permit, to include such additional adjoining
or contiguous property, shall pay therefor a fee of $12 for so doing.
Permits are not assignable.
[Added by Ord. #1584, § 2-6440]
The above provision shall not be deemed to limit the duty of
the Council to impose other or further conditions to the granting
or renewal of any such permit reasonably deemed to protect and preserve
the public peace, health and safety, and general welfare.
[Added by Ord. #1584, § 2-6441]
Permittees shall be insured and provide certificates of insurance
for the following types of coverage:
a.
Workers compensation insurance as required by the Workers Compensation
Law.
[Added by Ord. #1584, § 2-6442; Ord. #2207, § 5]
Upon the filing of an application for a permit to provide towing
services, the City Council shall fix the time and date for public
hearing thereon. The Council shall refer the matter to the local authorized
law enforcement agency(s) of the City, who shall cause an investigation
to be made respecting the necessity for the proposed service or addition
of services within the City.
At least 10 days' written notice of the time and place set for
the public hearing shall be given to the applicant and to all persons
then holding permits. Notice shall also be given the general public
by posting a notice of such hearing on the bulletin board in the main
lobby of the City Hall at least 10 days prior to such hearing. Any
interested person may file with the City Clerk a memorandum in support
of or in opposition to the issuance of a permit and certificate. At
the public hearing of the matter, evidence may be received with reference
thereto but shall not necessarily be limited to the matters contained
in the application. In conducting such hearings, the City Council
shall, among other matters as it may deem pertinent, take into consideration
the number of towing services already in lawful operation in the City;
the probable effect of increased service to the City; the character,
experience and personal financial responsibility of the applicant;
the capacity and ability of the applicant to satisfactorily perform
referred towing services; and other factors relevant to the application.
[Added by Ord. #1584, § 2-6443]
Each permittee shall maintain separate accounting records of
all charges for impounded and stored vehicles. Such records shall
be available to representatives of the City Controller for audit purposes.
[Added by Ord. #1584, § 2-6444; Ord. #1823, § 1;
Ord. #1838, § 1; Ord. #1853, § 1; Ord. #1905,
§ 1; Ord. #2207, § 6; 11-9-2021 by Ord. No. 2340]
The maximum rates to be charged for towing services shall be
established as follows:
a.
Towing. Charge shall be based on an hourly rate for time actually
consumed. Automobile and motorcycle rates shall be $69.50 for the
first hour or fraction thereof, $34.75 for each additional half-hour
or fraction thereof over first hour.
b.
Heavy-Duty Towing.
1.
When the disabled truck is upright and does not require special preparation
for towing, rates shall be $136 for the first hour or fraction thereof
for a heavy-duty tow unit; $68 for each additional half-hour or fraction
thereof over first hour; $30 an hour or fraction thereof for each
extra man required.
2.
When the truck has overturned, or is on another vehicle, or has gone
down an embankment, or requires special equipment and preparation
prior to towing, rates shall be $190.50 an hour or fraction thereof
for a heavy-duty unit; $190.50 per hour for each additional heavy-duty
tow unit; $95.25 for each additional half-hour or fraction thereof
over the first hour; $30 an hour or fraction thereof for each additional
man required.
An additional 50% of the charge incurred may be included in
the total fee when the disabled truck carries a dangerous cargo of
inflammables, corrosives, explosives or liquid gas.
c.
Storage. Charges shall be based on a daily rate which extends from
midnight to midnight the following day. A vehicle must be at the tow
service for over eight hours before a second day charge can be levied.
1.
Motorcycles, including scooters: Rates shall be $4.25 the first day
and $4 each day thereafter.
2.
Automobiles and trucks to and including one ton; Rates shall be $13
for the first day and $13 each day thereafter.
3.
Trucks over one ton and less than 20 feet: Rates shall be $14.50
for the first day and $14.50 for each additional day thereafter.
4.
Trucks over one ton and over 20 feet: Rates shall be $19.25 for the
first day and $19.25 for each additional day thereafter.
d.
Exceptions. When a release request is made within the first hour
of storage, the storage fee shall be waived.
When a release request is made within the second hour of storage,
the storage fee shall be one-half of the regular fee.
When a release request is made within twenty-four hours, only
one day's storage shall be charged, regardless of the calendar date.
When a release request is made between 7:00 p.m. and midnight,
one day's storage fee shall be waived providing such release occurs
within the mandatory release hours (6:00 a.m. to 7:00 p.m.) of the
following day.
e.
Long Term Storage. Vehicles impounded by the local authorized law
enforcement agency(s) of the City for periods in excess of 30 days
will revert to "long term," half-rate storage fee, i.e., automobiles
at $6.50 a day.
f.
After-Hours Service. Contractor agrees to respond to release any
vehicle impounded or stored at his premises, and as compensation may
charge 1/2 the basic hourly rate for towing as a fee for his service.
If time consumed exceeds 1/2 hour, contractor may charge $24 for each
additional 1/2 hour or fraction thereof.
g.
Hook-Up/Let Down Fees. Contractor shall not charge a fee for "hooking
up" or "letting down" a vehicle from its tow truck if said vehicle
was not actually towed to contractor's garage. Unless contractor has
departed the tow scene, he shall not tow a stored vehicle to his garage
if the owner or authorized agent thereof requests its possession.
[1]
Editor's Note: Section 2 of Ordinance 1838, and as amended
by Ordinances 1853 and 1905, provides that all bills shall be itemized;
and that all rates and charges, set forth by this ordinance, shall
be posted in the operator's office. Moreover, additional charges shall
not be made for special equipment or service necessary to prepare
vehicles for towing except as provided herein.
[Added by Ord. No. 1584, § 2-6445]
It shall be the duty of the tow truck operator to remove all
debris, where possible, from the accident scene before leaving the
scene of the accident. Repeated failure to adhere to this subsection
may cause for revocation or suspension of a permit.
[Added by Ord. #1584, § 2-6446]
The right of any vehicle owner involved in a traffic collision
to call for traffic service of his own choosing shall not be infringed
upon so long as the removal of his vehicle is made without undue delay.
In those cases where the owner of a damaged vehicle chooses to use
the service of the City's referral tow service and storage garage,
such services and charges related thereto shall be the responsibility
of the contractor and owner of the vehicle.
[Added by Ord. #1584, § 2-6447; Ord. No. 2207, § 7]
Except as otherwise provided, a tow service and storage operator
shall not display any signs or advertising materials which indicate
that his or her operation is an official towing service or garage
of the City without having been so designated by the City Council.
[Added by Ord. #1584, § 2-6448]
The City reserves the right to inspect the facilities, equipment
and premises of the permittees hereunder at any time during the life
of this permit in order to ensure that all terms and conditions of
this Chapter are being satisfactorily met and complied with.
[Added by Ord. #1584, § 2-6449]
A tow truck business lawfully existing on December 1978, is
hereby granted an automatic variance so as to permit the continuation
of the use for a period not exceeding three years from August 23,
1979, provided no additions or enlargements of such use are made during
the period of such automatic variance except those required by law
unless full compliance with the provisions hereof are effected prior
to such additions or enlargements, and the same are otherwise approved
as may be required by law.
[Added by Ord. #1584, § 2-6450; Ord. #2207, § 8]
Permits provided for this section may be granted, denied, revoked,
suspended or canceled whenever in the exercise of reasonable and sound
discretion the City Council determines that the provisions of this
section have not been complied with or that the permittee is not a
fit or proper person to operate within the City of Compton. The local
authorized law enforcement agency(s) of the City shall conduct an
annual review of towing service permits and report to the City Council
thereon.
[Added by Ord. #1584, § 2-6451]
a.
Unlawful. It shall be unlawful for any person to violate any of the
subsections or provisions of this section.
b.
Violation a Misdemeanor. No person shall violate any provisions, or fail to comply with any of the requirements of this section. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this section shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this section shall be liable to the penalty established in § 1-6.
[Added by Ord. #1584, § 2-6452]
Each permittee who contracts with the City to provide towing
services shall pay to the City a sum of 5% of that portion of the
permittee's gross receipts exceeding $5,000 developed from or attributed
to the City's referred tow business (storage fees not included). Such
payments shall be made on or before the last day of the month following
the close of each calendar quarter, after the $5,000 figure has been
reached. This payment shall be payable in addition to the permittee's
general business tax. A permittee who fails to remit the payment when
due and imposed by this section shall pay a penalty of 10% of the
amount due in addition to the payment.
[Ord. #1683, § 1; Ord. #2207, § 9]
Vehicles which are taken into police custody pursuant to this
section shall be released in accordance with the following provisions:
a.
Impounded Vehicles. Any vehicle or part which the local authorized
law enforcement agency(s) of the City has ordered held by the operator
because of involvement in any crime or infraction or the true owner
of the vehicle cannot be ascertained, shall be deemed an impounded
vehicle and shall not be released to any person without the prior
written approval of the local authorized law enforcement agency(s)
of the City.
b.
Stored Vehicles. Any vehicle or part which is kept for safekeeping
and is not otherwise an impounded vehicle or part as defined above
shall be deemed a stored vehicle and may be released at the discretion
of the operator to any person presenting proper identification and
evidence of ownership and upon payment of all required charges. Operator
shall hold the City of Compton and its local authorized law enforcement
agency(s) harmless from any claims arising from the alleged improper
release of vehicles or parts.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance No. 1879.
[Ord. #1891, § 1]
As used in this section, the words and phrases hereinafter set
forth shall have the following meanings ascribed to them unless the
context clearly requires to the contrary:
Shall mean games 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 and shall include cards having
numbers or symbols which are concealed and preprinted in a manner
providing for distribution of prizes.
Shall mean the City of Compton.
Shall mean the City Council of the City of Compton.
Shall mean any group or organization of 10 or more members,
each of whom owns or leases a mobile home as defined in Health and
Safety Code Section 18008, which organization was organized for some
civil, recreational, charitable or cultural purpose.
Shall mean the receipts from bingo games conducted by organizations
not exempt from payment of the bank and corporation tax under Section
23701d of the Revenue and Taxation Code.
Shall mean the excess of receipts over expenditures (including
expenditures for security personnel who are not members of the organization)
in connection with bingo games conducted by organizations exempt from
payment of the bank and corporation tax under Section 23701d of the
Revenue and Taxation Code.
Shall mean any group or organization of 10 or more members,
the age of each member being not less than 60 years, which organization
was organized for some civil, recreational, charitable or cultural
purpose.
[Ord. #1891, § 1]
Organizations which maintain their principle office within the
City limits of the City of Compton and are exempt from the payment
of the bank and corporation tax by Sections 23701a, 23701b, 23701d,
23701e, 23701f, 23701g, and 23701(1) of the Revenue and Taxation Code,
mobile home park associations and senior citizens' organizations are
eligible to apply to the City for a license to conduct bingo games
in the City under the provisions of Section 326.5 of the Penal Code
and the provisions of this section.
[Ord. #1891, § 1; Ord. #2193, §§ 1,
2]
Any eligible organization desiring to obtain a license to conduct
bingo games in the City shall file an application in writing therefor
with the Planning Department on a form to be provided by the Planning
Department.
a.
Types of Licenses. The City will permit two types of bingo licenses:
1.
Accessory Bingo License. Eligible organizations may apply to conduct
bingo games as an accessory to their existing program.
2.
Special Bingo License. Eligible organizations may apply for a "special"
license to conduct bingo as a primary activity for the organization.
In order to prevent over concentration, there shall be a maximum of
one special license approved for each 100,000 residents located within
the City.
b.
Application and Licensing Fees. The following fees shall be paid
by eligible organizations applying for or holding bingo licenses:
1.
All eligible organizations shall submit at time of application a
licensing fee of $50. If the application for a license is denied,
the City shall retain 1/2 of the license fee to pay the costs of the
review of the application. An additional fee for law enforcement and
public safety costs incurred by the City that are directly related
to bingo activities may be imposed and shall be collected monthly
by the City issuing the license; however, the fee shall not exceed
the actual costs incurred in providing the service. The City Council
may from time to time establish a schedule of fees for the costs incurred
by the City for law enforcement and public safety by Resolution.
2.
All eligible organizations shall submit at time of application the fee required by § 30-42 of the Zoning Ordinance for processing of a Certificate of Occupancy application.
3.
All bingo licensees shall pay, on the anniversary of the issuance
of the original license, an annual licensing fee of $50.
[Ord. #1891, § 1]
No license shall be issued unless the applicant is an eligible organization under Subsection 9-23.2 and its application conforms to the requirements, terms and conditions of this section.
[Ord. #1891, § 1]
a.
All applications for a license shall be signed under penalty of perjury
and shall contain the following information:
1.
The name and address of the applicant;
2.
A statement that the applicant is an eligible organization under Subsection 9-23.2. The application shall include, as attachments, certificates of the Franchise Tax Board and the U.S. Internal Revenue Service establishing that the organization is currently exempted from the payment of the bank and corporation tax under the Revenue and Taxation Code and that a contribution or gift to the organization would be a charitable contribution under the Internal Revenue Code, deed, lease agreement, permit or other documents that clearly demonstrate the applicant is eligible pursuant to Section 326.5 of the Penal Code.
3.
A statement that the applicant occupies a facility within the City
which has met the Zoning Ordinance and Municipal Code requirements
for public assembly and may legally be used for this purpose for the
conduct of bingo;
4.
The names, addresses and signatures of at least two officers of the
applicant (should two or more officers exist);
5.
The names, addresses and signatures of the members of the applicant
who will be primarily responsible for the operation, conduct, promotion
and supervision of bingo games and a list of other members who will
be involved;
6.
The address of the property within the City used by the applicant
for an office or for performance of the purposes for which the applicant
was organized, together with the occupancy capacity of such place
at which the bingo games will be conducted;
7.
Proposed days and time for the operation of bingo games;
8.
A description of the system to be used to account for the receipts,
prizes and expenses of the bingo games;
9.
The specific charitable purposes which the bingo receipts will benefit;
10.
The maximum number of players that will be permitted in the facility
at any time;
11.
A copy of the Certificate of Occupancy for the premises at which
the bingo games will be conducted;
12.
A site plan for the premises at which the bingo games will be conducted,
including parking;
13.
A floor plan for the premises at which the bingo games will be conducted,
including rest rooms, entrances and exits;
14.
A statement that the applicant agrees to conduct bingo games in strict
accordance with the provisions of Section 326.5 of the Penal Code,
this section and all other applicable statutes and regulations as
they may be amended from time to time, and an agreement that the license
to conduct bingo games may be revoked upon violation of any of such
provisions;
15.
A Certificate of Occupancy application for the operation of bingo;
and
16.
Such other information as the Planning Department shall reasonably
require.
b.
An application for a special license shall contain the following
supplemental information:
1.
A copy of the applicant's articles of incorporation;
2.
The name and address of each partner, shareholder, officer and director
of the applicant;
3.
A one year, detailed cash flow projection, a pro forma financial
statement, a statement of preopening cash, a financing plan and copies
of all loan agreements of the applicant;
4.
A statement that the applicant understands and agrees that the application
shall be considered by the Council as set forth in this section only
after full investigations and reports have been made in a timely manner
by all applicable City staff;
5.
A complete listing of all criminal arrests and convictions of the
applicant and each partner, shareholder, officer and director of the
applicant, if any, not including minor traffic offenses, with explanations
therefor; and
6.
Such other information as City staff may deem necessary to adequately
process the application.
[Ord. #1891, § 1]
Upon receipt of an application to operate any bingo game, the
Planning Department shall refer the application to interested departments
of the City, including, but not limited to, the Treasurer's Department,
the Fire Department and the Department of Building and Safety, for
investigation as to whether or not all 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 to fire, occupancy and other
applicable restrictions as property on which bingo games may lawfully
be conducted.
a.
Accessory Bingo License. Upon being satisfied that an applicant for
an accessory license is fully qualified under the law to conduct bingo
games in the City, the Planning Department shall approve the Certificate
of Occupancy for the use and direct the City License Collector to
issue a license to the organization (the "licensee") for a term of
one year from the date of issuance. The licensee may apply to the
Planning Department for issuance of a new license each year, upon
payment of the annual license fee.
b.
Special Bingo License. Upon being satisfied that an applicant for
a special license is fully qualified under the law for consideration
for a special license, the Planning Department shall notify the Council
that it has received and investigated said application.
1.
Within 30 days after receipt of the application notice, the Council
shall schedule a public hearing on the application.
2.
Not less than 10 days prior to the hearing date, the Planning Department
shall mail notice of the hearing to the applicant and all owners of
property within a 300-foot radius of the exterior boundaries of the
proposed bingo site, using for that purpose the last known name and
address of such owners as shown upon the Assessment Roll of the County
of Los Angeles, and shall cause notice of the hearing to be published
once in a newspaper of general circulation in the City. Such notices
shall contain a description of the proposed bingo site, the nature
of the license applied for and the time and place of the public hearing.
The failure of any owner to receive any notice duly mailed shall not
affect, in any way, the validity of any of the proceedings undertaken
by the Council pursuant to this section.
[Ord. #1891, § 1]
The City may, at its discretion, deny any application if it
finds that the applicant has not complied with any requirement of
this section, or for any of the following grounds or reasons:
a.
Indictment or conviction of any crime of violence, any crime involving
fraud, gambling, thievery, bunco, moral turpitude or evasion of taxes,
or any other offense indicating a lack of business integrity or business
honesty, whether committed in the State of California or elsewhere,
whether denominated a felony or a misdemeanor, and notwithstanding
the passage of time since the conviction;
b.
Failure to satisfy the City as to the applicant's good character,
honesty or integrity, either through the applicant's actions or through
association with others;
c.
Failure to satisfy the City as to the source and adequacy of funds
to be invested in the proposed venture;
d.
Prior unsuitable operation as a bingo licensee in another jurisdiction
without regard to whether disciplinary action was taken at that time
or whether the acts were sufficient to justify revocation of a license;
e.
Making or causing to be made any statement in an application or document
or orally in connection with an application, which statement was at
the time and in the light of the circumstances under which it was
made false or misleading;
f.
Lack of a satisfactory record of business competence and business
ethics and integrity;
g.
Failure of any person named in an application when summoned by the
Council to appear and testify before it or its agent at the designated
time and place;
h.
Deficient security and law enforcement accommodations and facilities;
or
i.
Failure to satisfy the City that approval of the license is in the
best interests of the City.
[Ord. #1891, § 1; Ord. #2266 § 1]
In approving an application for a special license, the Council
may impose conditions upon such license in addition to the requirements
contained herein. The Planning Department shall provide to the applicant
a copy of the City's acceptance form, which shall state that the applicant
is aware of and will abide by all conditions imposed by the Council.
Upon receipt of the acceptance form signed by the applicant, the City
License Collector shall thereupon issue the license, which shall be
for a term of one year from the date on which it was issued, unless
revoked by the Council pursuant to the provisions hereof or surrendered
by the licensee. In the event of the surrender, suspension, revocation
or expiration of the license, no portion of any license fee or deposit
shall be refunded. Not less than two months prior to the expiration
of a license, the licensee shall file a request for renewal with the
City Clerk to extend the special license for another term of one year.
Such request shall be placed before the City Council for consideration
by resolution.
[Ord. #1891, § 1]
a.
All bingo licenses shall contain the following information:
1.
The name of the organization to which the license is issued;
2.
The address where bingo games are authorized to be conducted, which
must be a facility on the premises used by the applicant for an office
or for performance of the purposes for which the applicant was organized;
3.
The occupancy capacity of the room in which bingo games are to be
conducted;
4.
The date of expiration of such license; and
5.
Such other information as may be necessary or desirable for the enforcement
of the provisions of this section.
b.
The licensee shall post the license in a conspicuous place upon the
premises at which the bingo games are conducted and shall immediately
produce such license for inspection upon demand of any police officer
or authorized City employee.
[Ord. #1891, § 1]
a.
Whenever it appears to the Chief of Police that the licensee is conducting
a bingo game in violation of any of the provisions of this section,
the Chief of Police shall have the authority to summarily suspend
the license and terminate the operation of any bingo game. Any person
who continues to conduct a bingo game after such suspension shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be punishable by a fine not exceeding $1,000 per day or by imprisonment
for a period not exceeding six months, or both.
b.
The Chief of Police shall notify the licensee that it has 10 days
from the date of the suspension to request in writing a hearing before
the Council to determine whether the license should be revoked. Failure
to request a hearing or cure the violation within the ten-day period
shall result in a revocation of the license.
c.
If the licensee requests a hearing, the Council shall conduct such
hearing within 30 days after receipt of the request for a hearing.
The City Manager shall give notice of the hearing to the licensee
at least 10 days before the hearing by depositing in the United States
mail a notice to the licensee at the address given in the application.
The notice shall set forth a summary of the basis for the suspension
and proposed revocation. The licensee may appear before the Council
to present evidence against the proposed revocation.
d.
Any organization whose license is revoked shall not conduct any bingo
game in the City until such time as the license is reinstated. The
determination of the Council shall be final.
[Ord. #1891, § 1]
a.
Whenever it appears to the City Manager that the licensee is conducting
bingo games in violation of any of the provisions of this section,
or that the license was obtained by fraudulent representation, the
City Manager may ask the Council to revoke the license. The matter
shall be set for hearing, and the City Manager shall give notice of
the hearing to the licensee at least 10 days before the hearing by
depositing in the United States mail a notice to the licensee at the
address given in the application. The notice shall set forth a summary
of the basis for the proposed revocation. The licensee may appear
before the Council to present evidence against the proposed revocation.
b.
Any organization whose license is revoked shall not conduct any bingo
game in the City until such time as the license is reinstated. The
determination of the Council shall be final.
[Ord. #1891, § 1]
The licensee shall at all times conduct the bingo games in strict
accordance with the provisions of Section 326.5 of the Penal Code,
this section and all other applicable statutes and regulations as
they may be amended from time to time. The license to conduct bingo
games may be revoked upon violation of any of such provisions.
[Ord. #1891, § 1; Ord. #2193, § 3]
The total value of prizes awarded during the conduct of any
bingo game shall not exceed $500 in cash or kind, or both, for each
separate bingo game. The licensee shall require that each prize winner
sign a receipt, on a form approved by the City Controller, which shall
contain the name, address, telephone number and signature of the prize
winner. Receipts shall be consecutively numbered and shall be made
available to the City Manager for review upon request.
[Ord. #1891, § 1; Ord. #2266 § 2]
All profits derived from bingo games operated by an organization
exempt from payment of the bank and corporation tax under Section
23701d of the Revenue and Taxation Code shall be deposited into and
retained in a special fund or account, which shall not be commingled
with any other fund or account of the licensee. Such profits shall
be deposited into such account within 24 hours after completion of
the bingo game and shall be used only for local charitable purposes
within the City of Compton. The holder of any special license shall
provide the office of the City Manager with a list of all charities
and non-profit organizations receiving such bingo funds and shall
be notified of all charities no longer receiving such funds or of
any changes. The City Manager may designate or approve new charities
or non-profit organizations to receive bingo funds.
[Ord. #1891, § 1; Ord. #2266 § 3]
All proceeds derived from bingo games operated by an organization
other than one exempt from payment of the bank and corporation tax
under Section 23701d of the Revenue and Taxation Code shall be deposited
into and retained in a special fund or account, which shall not be
commingled with any other fund or account of the licensee. Such proceeds
shall be deposited into such account within 24 hours after completion
of the bingo games and shall be used only for charitable purposes,
except as follows:
a.
Such proceeds may be used for prizes;
b.
A portion of such proceeds may be used for rental of property, overhead,
including the purchase of bingo equipment, administrative expenses,
security equipment and security personnel;
c.
Such proceeds may be used for license fees; and
d.
All net proceeds (minus prizes, rent, security, and bingo supplies)
shall remain in the City of Compton and shall be given to local charities
or non-profit organizations. The holder of any special license shall
provide the office of the City Manager with a list of all charities
and non-profit organizations receiving such bingo funds and shall
be notified of all charities no longer receiving such funds or of
any changes. The City Manager may designate or approve new charities
or non-profit organizations to receive bingo funds.
[Ord. #1891, § 1; Ord. #2266 § 4]
a.
Each licensee shall keep full and accurate records of all receipts
and disbursements in connection with its operation, conduct, promotion,
and supervision of bingo games. The City shall have the right to examine
and audit such records at any reasonable time, and the licensee shall
fully cooperate with the City by making such records available upon
request.
b.
At least two members of the licensed organization shall jointly count
all bingo proceeds. Such proceeds shall be deposited in a special
bingo bank account the next banking day.
c.
All funds from bingo games shall be deposited into a special bingo
bank account identified on the licensee's application and shall not
be commingled with any other funds. Funds deposited in such special
bank account may, however, be transferred to another account or fund
of the licensee organization or to another account or fund of any
other organization or entity associated or affiliated therewith for
purposes of implementing charitable expenditures of bingo proceeds,
provided: (1) no monies from any source other than bingo proceeds
are placed in such fund; (2) the purpose of such fund is clearly designated
as part of the title or subtitle of the fund and in the books and
records of the organization; and (3) expenditures therefrom for such
purpose are permitted under the provisions of Section 326.5 of the
Penal Code.
d.
All disbursements from the special bingo bank account shall be by
consecutively numbered checks signed by two authorized officers of
the licensee and shall be payable to a specific individual or organization.
There shall be written on each check the nature of the expenditure
for which the check is drawn. No check shall be drawn to "cash" other
than for the purpose of depositing such cash in a petty cash fund
established and maintained for the payment of incidental bingo expenses.
Such checks shall in that event be marked "for deposit to the petty
cash fund." Such petty cash fund shall not at any time contain more
than $25 and a receipt shall be obtained for each disbursement, indicating
the amount of cash disbursed, the individual or organization receiving
the cash disbursement and the purpose for which the disbursement is
made.
e.
The City Manager may at any time require any licensee to prepare
and file with the City a copy of an audit prepared by a certified
public accountant, showing the gross revenue received from the bingo
games, the costs incurred and disbursements made, the deposits into
the special fund or account and all withdrawals therefrom. Special
licensees shall, in any case, submit such an audit every six months
from the date of issuance of the license.
f.
All licensees shall file with the City Controller a financial report,
showing the gross revenue received from the bingo games, the costs
incurred and disbursements made, the deposits into the special fund
or account and all withdrawals therefrom. Accessory bingo licensees
shall file the report six months after the date of issuance of the
license and annually thereafter. Special bingo licensees shall file
said report on or before the first of each month for the life of the
license. A copy of said report shall be submitted to the City Treasurer
in conjunction with the monthly licensing fee. Failure to file such
report within 10 days after the date due shall be grounds for suspension
or revocation of the license or, if applicable, for denial of a new
license.
g.
All bingo sales resulting from operation of a special license shall
be recorded on a cash register that features a nonresettable grand
total. The cash register tape shall be kept for not less than three
years.
h.
Bingo financial records, including all books and records of the licensee
or any other organization or entity associated or affiliated with
the licensee for purposes of disbursing charitable expenditures of
bingo proceeds, shall at all times be available for inspection by
the City.
[Ord. #1891, § 1]
No individual, corporation, partnership or other legal entity
except the licensee shall hold a financial interest in the conduct
of any bingo game.
[Ord. #1891, § 1]
With the exception of security personnel, only the members of
the licensee shall operate bingo games or participate in the operation,
conduct, promotion and supervision of bingo games. Each such member
shall wear an identification badge containing his or her name and
title. Such members shall not receive a profit, wage or salary from
any bingo game; however, security personnel who are not members of
the licensee organization may be paid from the receipts of a bingo
game.
[Ord. #1891, § 1]
All bingo games shall be open to all members of the public,
whether or not members of the licensee organization. No admission
fee shall be charged for entry onto the premises where the bingo games
are conducted.
[Ord. #1891, § 1]
a.
Accessory Bingo License. Each license shall authorize the licensee
to operate a bingo game for only one day in each week and for no more
than six hours on any day. No bingo game shall be conducted before
noon nor after midnight on any day. No more than two licensees shall
use the same premises for bingo games during any week.
b.
Special Bingo License. A special license shall authorize the licensee
to conduct bingo games daily on the licensee's premises between the
hours of noon and midnight on Fridays, Saturdays and Sundays and for
up to six hours between the hours of 4:00 p.m. and midnight on Mondays,
Tuesdays, Wednesdays and Thursdays.
[Ord. #1891, § 1]
At least one security guard from a licensed security company
must be present on the premises on which the bingo games are conducted
beginning no less than 30 minutes prior to the commencement of the
bingo games and continuing until no less than 30 minutes after the
conclusion of the bingo games. If there are more than 100 customers
at an accessory bingo game, two security guards from a licensed security
company must be present on the premises at such times. The security
and staffing plan for special bingo games must be submitted to and
approved by the Police Department prior to issuance of the special
license and shall be revised and amended thereafter as required by
the Department.
[Ord. #1891, § 1]
The winning card(s) used in a bingo game shall not be known
prior to the bingo game by any person participating in the playing
or operation of the bingo game. All preprinted cards used in bingo
games shall bear the legend "for sale or use only in a bingo game
authorized under California law and pursuant to local ordinance."
[Ord. #1891, § 1]
Bingo games shall be conducted only within structures approved
for public assembly as evidenced by a valid Certificate of Occupancy
issued by the City. Attendance shall be limited to the occupancy capacity
of the room in which bingo games are conducted, but in no event shall
attendance exceed for accessory bingo games the lesser of 200 persons
or three persons for each available parking space on the premises.
Attendance limits for special bingo games shall be determined by the
Council in accordance with the physical occupancy capacity of the
room in which the bingo games are conducted. Rooms with a capacity
of less than 300 persons shall not be eligible for a special license.
Bingo games shall be permitted only in the interior of such structures,
and the licensee shall not reserve seats or space for any person.
[Ord. #1891, § 1]
A licensee shall conduct a bingo game only on property owned
or leased by it, or property whose use has been donated to the organization,
prior to the date of the application and which property is used by
such organization for an office or for performance of the purposes
for which the organization was organized. The license shall state
the address of such property and shall authorize the licensee to conduct
bingo games only on such property. In the event the described property
ceases to be used as an office or a place for performance of the purposes
for which the licensee was organized, the license shall terminate
immediately and shall have no further force or effect. The organization
may apply for a new license when it again owns or leases property
used by it for an office or for performance of the purposes for which
the organization was organized.
[Ord. #1891, § 1]
a.
The bingo license, the City's rules and regulations and the licensee's
rules of bingo operation shall at all times be posted conspicuously
at the public entrance to the room in which bingo is played. The posted
rules shall be readable, legible and accessible to all participants.
b.
A member of the licensee organization shall be designated as "Bingo
Manager." A second member of the organization may be designated "Assistant
Bingo Manager." The Bingo Manager shall be ultimately responsible
for the conduct and operation of the bingo games and for the compliance
with all applicable laws, rules and regulations promulgated thereunder.
The Bingo Manager or the Assistant Bingo Manager shall be present
at all times during the playing of any bingo game.
c.
All staff members of a licensee shall wear on their outside clothing
an identification insignia or badge, no less than 2 1/2 inches
by 3 1/2 inches in dimension, indicating the name of the organization
and the name and title of the staff member.
d.
Prior to commencing each bingo game the prize shall be announced
and a facsimile of the type of bingo games to be played shall be clearly
displayed to all participants.
e.
All prizes shall be awarded immediately following each bingo game.
f.
All bingo games shall be completed during each session.
g.
Bingo numbers selected in each bingo game shall be announced to all
players and be displayed in full view of all players. An adequate
public address system shall be utilized.
h.
Equipment used and the method of playing bingo shall be such that
each card shall have an equal opportunity to win each game.
[Ord. #1891, § 1]
At all times during the conduct of bingo games, the licensee
shall have available on the premises a list of the members operating
the bingo games.
[Ord. #1891, § 1]
No licensee shall issue chips or money to any person on credit
nor allow any person to play on credit.
[Ord. #1891, § 1]
The serving and consumption of alcoholic beverages is prohibited
in any room where bingo games are being conducted.
[Ord. #1891, § 1]
No person under 18 years of age shall be allowed to participate
in or operate any bingo game.
[Ord. #1891, § 1]
No person who is obviously intoxicated shall be allowed to participate
in any bingo game.
[Ord. #1891, § 1]
No person shall be allowed to participate in a bingo game unless
the person is physically present at the time and place at which the
bingo game is being conducted.
[Ord. #1891, § 1]
No person shall interfere with, prevent or refuse to permit
a police officer to make an inspection or examination of any premises
where bingo games are conducted for the purpose of determining whether
the licensee is complying with the provisions of Section 326.5 of
the Penal Code and this section.
[Ord. #1891, § 1]
It is a misdemeanor under Section 326.5(b) of the Penal Code
for any person to receive or pay a profit, wage or salary from any
bingo game authorized under this section. Any violation of this section
shall be punishable by a fine not to exceed $10,000, which fine shall
be deposited in the general fund of the City.
[Ord. #2282]
a.
The purpose of this section is to expressly prohibit commercial marijuana
activity in the City. Nothing in this section shall preempt or make
inapplicable any provision of state or federal law.
b.
Business and Professions Code section 19320(a) provides that a person
must hold both a state and local license to engage in commercial medical
marijuana activity. Business and Professions Code section 26055(e)
provides that a state licensing authority shall not approve an application
for a state license for a non-medical marijuana business if approval
of the state license will violate the provisions of any local ordinance.
Business and Professions Code section 19340(a) provides that deliveries
of marijuana can only be made in a city that does not explicitly prohibit
it by local ordinance.
c.
Health and Safety Code section 11362.2(b) provides that a city may
enact and enforce reasonable regulations on marijuana cultivation
activities. Health and Safety Code section 11362.2(b) also authorizes
a city to completely prohibit persons from cultivating marijuana outdoors
upon the grounds of a private residence.
d.
The City Council finds that a prohibition on all commercial marijuana
activity and marijuana deliveries is necessary for the preservation
and protection of the public health, safety, and welfare for the City
and its community. The City Council's prohibition of such activity
is within the authority conferred upon the City Council by state law
and is an exercise of its police powers to enact and enforce regulations
for the public benefit, safety, and welfare of the City and its community.
e.
The City Council finds that a prohibition on all outdoor residential
cultivation and the application of reasonable regulations on indoor
residential cultivation is necessary for the preservation and protection
of the public health, safety, and welfare for the City and its community.
The City Council's regulation of such activity is within the authority
conferred upon the City Council by state law and is an exercise of
its police powers to enact and enforce regulations for the public
benefit, safety, and welfare of the City and its community.
[Ord. #2282]
The following terms and phrases, whenever used in this § 9-24, shall be construed as defined in this section:
Shall mean the Control, Regulate and Tax Adult Use of Marijuana
Act approved by the voters on November 8, 2016, as the same may be
amended from time to time.
Shall include the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation,
delivery or sale of marijuana and marijuana products, whether or not
for profit. Commercial marijuana activity also includes the activities
of any business licensed by the state or other government entity under
Chapter 3.5 of Division 8 or Division 10 of the Business and Professions
Code, as they may be amended from time to time.
Shall have the same meaning as "cannabis concentrate" as
defined in Business and Professions Code section 19300.5, as the same
may be amended from time to time.
Shall mean any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of marijuana.
Shall mean the commercial transfer of marijuana or marijuana
products to a customer. Delivery also includes the use by a retailer
of any technology platform owned and controlled by the retailer, or
independently licensed under California law, which enables customers
to arrange for or facilitate the commercial transfer by a licensed
retailer of marijuana or marijuana products.
Shall mean the procurement, sale, and transport of marijuana
and marijuana products between entities licensed under Chapter 3.5
of Division 8 or Division 10 of the Business and Professions Code,
as they may be amended from time to time.
Shall mean a building, greenhouse or other structure which
has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized
entry, provides complete visual screening, and which is accessible
only through one or more lockable doors and inaccessible to minors.
Shall mean within a fully enclosed and secure structure.
Shall mean the holder of any state-issued license related
to marijuana activities, including but not limited to licenses issued
under Chapter 3.5 of Division 8 and Division 10 of the Business and
Professions Code.
Shall mean to compound, blend, extract, infuse, or otherwise
make or prepare a marijuana product.
Shall mean all parts of the plant Cannabis sativa L., whether
growing or not; the seeds thereof; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include:
Industrial hemp, as defined in Section 11018.5 of the California
Health and Safety Code; or
The weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
|
Marijuana also includes "cannabis" as defined in Business and
Professions Code § 19300.5(f), as the same may be amended from
time to time.
|
Shall mean any equipment, products or materials of any kind
which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, smoking, vaporizing, or containing
marijuana, or for ingesting, inhaling, or otherwise introducing marijuana
or marijuana products into the human body.
Shall mean marijuana that has undergone a process whereby
the plant material has been transformed into a concentrate, including,
but not, limited to concentrated cannabis, or an edible or topical
product containing marijuana or concentrated cannabis and other ingredients.
Shall collectively mean the Medical Cannabis Regulation and
Safety Act as contained, codified, enacted, and signed into law on
October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266,
and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as
the same may be amended from time to time. The MCRSA was formerly
known as the Medical Marijuana Regulation and Safety Act.
Shall mean any location that is not within a fully enclosed
and secure structure.
Shall include any individual, firm, copartnership, joint
venture, association, corporation, limited liability company, estate,
trust, business trust, receiver, syndicate, or any other group or
combination acting as a unit, and the plural as well as the singular.
Shall mean a house, an apartment unit, a mobile home, or
other similar dwelling, whether legal and conforming to the underlying
zoning, or legal and non-conforming to the underlying zoning, that
is currently in use as a residence.
Shall include any transaction whereby, for any consideration,
title to marijuana is transferred from one person to another, and
includes the delivery of marijuana or marijuana products pursuant
to an order placed for the purchase of the same and soliciting or
receiving an order for the same, but does not include the return of
marijuana or marijuana products by a licensee to the licensee from
whom such marijuana or marijuana product was purchased.
[Ord. #2282]
a.
Commercial marijuana activity is expressly prohibited everywhere
in the City. No person shall establish, operate, maintain, conduct,
allow or engage in commercial marijuana activity anywhere within the
City. The City shall not approve any application for a business license
or any other permit or entitlement authorizing the establishment,
operation, maintenance, development, or construction of any business
that engages in commercial marijuana activity.
b.
A property owner shall not rent, lease or otherwise permit any business
that engages in commercial marijuana activity to occupy real property
in the City. A property owner shall not allow any person or business
to establish, operate, maintain, conduct, or engage in commercial
marijuana activity on any real property owned or controlled by that
property owner that is located in the City.
c.
Paragraph a above is meant to prohibit all activities for which a
state license is required pursuant to the MCRSA or the AUMA. Accordingly,
the City shall not issue any permit, license or other entitlement
for any activity for which a state license is required under the MCRSA
or the AUMA. The City shall also not issue any local license to a
non-profit entity pursuant to Business and Professions Code §
26070.5.
d.
To the extent not already prohibited by Paragraph a above, all deliveries
of marijuana or marijuana products to or from any location in the
City are expressly prohibited. No person shall conduct or perform
any delivery of any marijuana or marijuana products, which delivery
either originates or terminates within the City.
[Ord. #2282]
a.
The prohibition in Subsection 9-24.3a above shall not prohibit the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2, to the extent the cultivation complies with Paragraph c below.
b.
The prohibition in Subsection 9-24.3a above shall not prohibit a person 21 years of age or older from (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, or (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code Section 11362.1.
c.
Residential Marijuana Cultivation.
1.
It is hereby declared to be a public nuisance for any person owning,
leasing, occupying, or having charge or possession of any real property
in the City to cause or allow such real property to be used for the
cultivation of marijuana except in strict compliance with the requirements
set forth below. Marijuana cultivation shall only occur indoors at
a private residence, garage, and accessory structure in conformance
with the standards set forth below.
(a)
Only a person who is at least 21 years old may cultivate marijuana.
(b)
Marijuana cultivation is permitted only within fully enclosed
and secure structures.
(c)
Marijuana cultivation areas shall not be accessible to persons
under 21 years of age. Cultivation areas shall be secured by lock
and key or other security device which prevents unauthorized entry.
(d)
Marijuana cultivation shall be limited to six plants total,
whether immature or mature, regardless of how many persons over the
age of 21 reside at the residence.
(e)
Marijuana cultivation shall only take place on impervious surfaces.
(f)
The use of gas products (CO2, butane, etc.) or CO2 and Ozone
generators for marijuana cultivation or processing is prohibited.
(g)
The use of marijuana extraction and concentration techniques,
including but not limited to butane, CO2 or ethanol, to manufacture
concentrated cannabis is strictly prohibited.
(h)
Marijuana cultivation shall not be visible from the public right-of-way
or any privately owned place open to the public.
(i)
The residential structure shall remain at all times a residence,
with legal and functioning cooking, sleeping and sanitation facilities
with proper ingress and egress. The foregoing rooms and areas shall
not be used for marijuana cultivation where such cultivation will
prevent their primary use for cooking of meals, sleeping and bathing,
or any other residential purpose for which the rooms, space or area
was intended.
(j)
Any structure used for the cultivation of marijuana shall not
become a public nuisance to surrounding properties or the public.
A public nuisance may be deemed to exist if the cultivation produces
odors which are detectable to people of normal sensitivity residing
or present on adjacent or nearby property or on a public right of
way.
(k)
No person shall cultivate marijuana in any manner that causes
any of the following conditions: light, glare, heat, odor, noise,
mold, or vibration that is or whose effect is either detrimental to
public health, safety, or welfare, or that interferes with the reasonable
enjoyment of life or property.
(l)
A portable, fully charged fire extinguisher, that complies with
the regulations and standards adopted by the state fire marshal and
applicable law, shall be kept in every room or area where marijuana
cultivation occurs.
(m)
Prior to performing any work on electrical wiring in or upon
the residence, including any modifications, repair, or rewiring, the
property owner shall first obtain a building, mechanical and/or electrical
permit, as required, from the building division.
[Ord. #2282]
In addition to any other enforcement permitted by § 1-6 of the Compton Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party. No provision of § 1-6 or this § 9-24 shall authorize a criminal prosecution, arrest, or penalty prohibited by Health and Safety Code Section 11362.71, et seq. or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under § 1-6 or this § 9-24 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. The remedies set forth in this section are not exclusive of any other remedies available by state or federal laws, including but not limited to property and asset forfeiture.
[Ord. #2243, § 6]
The City Council finds that vending from vehicles and other
street mechanisms pose inherent safety concerns to the general public
when vendors operate in violation of state, federal, or local laws.
In order to protect the public and promote public safety, the declared
purpose of this section is to adopt additional requirements, consistent
with existing state law, for persons who vend food and non-food products
from vending vehicles on public streets and to regulate vending from
other devices which pose additional safety hazards on City streets
and sidewalks.
[Ord. #2243, § 6]
For purposes of this section, the following terms have the following
meanings:
Shall mean any vehicle, as that term is defined in the California
Vehicle Code, which is engaged in the curbside vending or sale or
offering to sell frozen or refrigerated desserts, confections, or
novelties commonly known as ice cream, or prepackaged candies, prepackaged
snack foods, or soft drinks, primarily intended for the sale to children
under 12 years of age. The inventory of these vehicles is not necessarily
limited to ice cream, confections or frozen dessert product.
Shall mean a vehicle that is self-propelled as defined in
California Vehicle Code § 415.
Shall mean to drive, occupy or otherwise use a vehicle to
sell, offer to sell, or display for sale any type of food, beverage
or non-food product.
Shall mean any natural person, business, firm, partnership,
association, corporation, stockholder, nonprofit entity, personal
representative, receiver, trustee, assignee, franchisee, or any other
legal entity, including but not limited to owners, operators, drivers,
lessors and lessees of food vending vehicles and ice cream trucks.
As defined in California Vehicle Code § 670, is
a device by which any person or property may be propelled, moved,
or drawn upon a highway, excepting a device moved exclusively by human
power or used exclusively upon stationary rails or tracks.
Shall mean selling, or offering to sell, any food, beverage
or non-food products of any kind from any vehicle, motor vehicle,
transporting mechanism (motorized or non-motorized), stationary mechanism
(e.g., stand or booth), portable box, bag or similar container.
Shall mean any vehicle, as that term is defined in the California
Vehicle Code, which is equipped or primarily used for the selling
or offering to sell any type of food, beverage or non-food products
directly to any consumer. Vending vehicle includes, but is not limited
to, catering trucks, ice cream trucks, and mobile vendors of stationary
dining establishments, but shall not include a vehicle that only delivers
food, beverage or non-food products ordered by home delivery customers.
[Ord. #2243, § 6]
Notwithstanding the provisions provided for in Subsection 9-25.4, it shall be unlawful for any person to vend, assist, or engage in the act of vending food products of any kind from a vending vehicle without first obtaining a health certificate and/or other food handling permit as required by law, from the Los Angeles County Department of Health. Such health certificate shall be openly displayed at all times while conducting business and presented upon demand to any peace officer or City employee authorized to enforce this Code.
[Ord. #2243, § 6]
It shall be unlawful for any person to vend, assist, or engage in the act of vending from a vending vehicle without first obtaining a City business license from the City of Compton, in accordance with the provisions provided for in § 9-1 of the Compton Municipal Code. The business license must be carried at all times and shall be presented upon demand to any peace officer or City employee authorized to enforce this Code.
[Ord. #2243, § 6]
a.
Vendor's Permit. No person shall own, control, manage, lease or contract
with other persons for the operation of a food vending vehicle or
ice cream truck in the City without a valid vendor's permit for each
and every food vending vehicle, including ice cream trucks, issued
pursuant to the provisions of this section, in addition to any other
license or permit required under any other chapter of this Code.
b.
Operator's Permit. No person shall drive, operate, vend and/or prepare
food from or on any vehicle defined as a food vending vehicle or ice
cream truck in the City without a valid operator's permit issued pursuant
to the provisions of this section. Such operator's permit shall be
presented upon demand to any peace officer or City employee authorized
to enforce this Code.
[Ord. #2243, § 6]
a.
Any person desiring to obtain a vendor's and/or an operator's permit
shall submit an application to the City's Business License Division.
Applications for either a vendor's or an operator's permit shall be
submitted in the form prescribed by the Business License Division.
Prior to submitting such application, a nonrefundable fee, as established
by resolution or ordinance of the City Council, shall be paid to the
Business License Division to defray, in part, the cost of the investigation
and report required by this section. The Business License Division
shall issue a receipt showing that such application fee has been paid.
Permit issuance fees required under this section shall be in addition
to any license, permit or fee required under any other chapter of
this Code. No permit application shall be processed unless and until
the applicant has provided all the information requested on the application
and has submitted the appropriate fee(s). If an applicant for a vendor's
permit also requires an operator's permit then it is not necessary
for said applicant to pay a separate fee for the operator's permit
application.
b.
Neither the filing of any application for a permit, nor the payment
of an application fee, shall authorize the vending from or the operation
or management of a food vending vehicle until such permit has been
granted or renewed.
c.
Each applicant for a permit to conduct business within the City of
Compton as a mobile food vendor or an ice cream vendor shall furnish
the following information:
1.
The present or proposed address from which the business is to be
conducted;
2.
The full true name under which the business will be conducted;
3.
The full true name and any other names used by the applicant;
4.
The present residence and business addresses and telephone numbers
of the applicant;
5.
A description of the merchandise or product which the vending vehicle
or ice cream trucks will vend;
6.
The number of vehicles to be operated within the City of Compton
that are owned, operated or controlled by the applicant and the make,
model, year, serial and engine number, state license plate number,
vehicle identification number for each vehicle, as well as the name
and address of the registered and/or legal owner(s) of each vehicle;
7.
A description of the logo, color scheme, insignia, and any other
distinguishing characteristics of applicant's vehicles;
8.
A policy of insurance in the manner and form required by this section
from a responsible, solvent insurance carrier authorized to issue
public liability and property damage insurance in the State of California;
9.
The full true names and residence addresses of all persons employed
or intended to be employed or with whom the applicant has contracted
or intends to contract as drivers, operators or attendants operating
within the City;
10.
Certification, from the Business License Division, evidencing that
the vending vehicle or ice cream truck to be owned, operated or controlled
by the applicant within the City has been physically inspected to
ensure compliance with this section and the Vehicle Code equipment
requirements;
11.
The applicant, if an individual, shall also furnish the following
information:
(i)
California driver's license or identification number of the
above-described natural persons;
(ii)
Date of birth of the above-described natural persons;
(iii)
The permit history of the above-described natural persons for
the three-year period immediately preceding the date of the filing
of the application, including whether such person, in previously operating
in this City or any other city, county, state or territory, has ever
had any similar license or permit, or franchise revoked or suspended,
and if so, the circumstances of such suspension or revocation; and
(iv)
All criminal convictions suffered by the above-described natural
persons, including ordinance violations, but excepting minor traffic
offenses (any traffic offense designated as a felony shall not be
construed as a minor traffic offense), stating the date, place, nature
and sentence of each such conviction.
12.
The applicant, if other than an individual (i.e., corporation, firm,
partnership, etc.), shall also furnish the following information:
(i)
Each business address of the applicant for the three-year period
immediately preceding the date of the application and the inclusive
dates of each such business;
(ii)
The nature of the business or firm for the three-year period
immediately preceding the date of the application; and
(iii)
The permit history of the applicant for the three-year period
immediately preceding the date of the filing of the application, including
whether such applicant, in previously operating in this City or any
other city, county, state or territory, has ever had any similar license
or permit, or franchise revoked or suspended, and if so, the circumstances
of such suspension or revocation.
13.
Such other identification and/or information that the Business License
Division may need to determine the truth of the matters required in
the application.
d.
The applicant, if a natural person, or if the applicant is a partnership
or corporation, the designated responsible managing officer, shall
personally appear at the office of the City's Business License Division
and produce proof that the required application fee has been paid
and shall present the application containing the information and supporting
documentation required by Paragraph c of this subsection.
e.
When any change occurs regarding the written information required
by Paragraph c of this section prior to or after issuance of a permit,
the applicant shall give written notification of such change to the
Business License Division within two weeks after such change first
occurred.
[Ord. #2243, § 6]
The Business License Division shall have a reasonable period
of time in which to investigate the application and background of
the applicant for a vendor's permit and/or an operator's permit.
[Ord. #2243, § 6]
The Business License Division, within 10 days after concluding
its investigation of the application and background of the applicant
for a vendor's permit or an operator's permit, shall issue the vendor's
permit and/or operator's permit only if it finds that all of the following
requirements have been met:
a.
The required fees have been paid;
b.
The application conforms in all respect to the provisions of this
Chapter;
c.
The applicant has not knowingly made a material misrepresentation
of fact in this application;
d.
The applicant has fully cooperated in the investigation of the applicant;
and
e.
The applicant, if an individual, or any of the directors, officers
or stockholders holding more than 5% of the stock of the corporation,
or any of the partners, including limited partners, or profit interest
holder, manager or other person principally in charge of the operation
of the existing or proposed business of vending from a vending vehicle,
or a natural person employed or contracted with to be a driver, has
not been convicted or pleaded nolo contendere or guilty within five
years prior to his application for a permit to a misdemeanor or felony
crime of moral turpitude or drug-related misdemeanor or felony crime,
including but not limited to:
(i)
The sale of a controlled substance specified in Sections 11054 through
11058 of the California Health Safety Code;
(ii)
The sale, distribution or display of harmful or obscene matter;
(iii)
Indecent exposure;
(iv)
Selling or disposing of lottery tickets;
(v)
Permitting gambling, pool selling or bookmaking; or
(vi)
In the case of applications for an operator's permit, alcohol
or drug-related traffic offenses.
|
The investigating City employee is specifically authorized to
obtain state summary criminal history record information as provided
for in Section 11105 of the California Penal Code. Any complaint for
the above-listed charges pending before a court of law shall cause
the application to be considered pending until the adjudication of
the complaint.
|
|
Food vending permits are the property of the City and each shall
authorize the operation of a single specific food vending vehicle.
It is unlawful for any person to sell or transfer, or attempt to sell
or transfer any food vending permit.
|
[Ord. #2243, § 6]
The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one year. Upon the expiration of such term, the permittee may renew the permit for additional one-year terms by submitting new applications in conformance with Subsection 9-25.6 herein together with such permit renewal fees as may be established by resolution or ordinance of the City Council.
[Ord. #2243, § 6]
If the Business License Division finds that all of the requirements set forth in Subsection 9-25.6 have not been met and a permit cannot be issued pursuant to Subsection 9-25.8, the City shall deny the application for a vendor's and/or operator's permit. In the event the application for either permit is denied by the Business License Division, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for either permit.
[Ord. #2243, § 6]
a.
Any vendor's and/or operator's permit may be suspended or revoked
by the Business License Division or the City Manager or his or her
designated representative for any of the following reasons:
1.
Falsehood of any information supplied by the permittee upon which
issuance of the permit was based;
2.
Failure of the permittee to notify the Business License Division
within two weeks of any change occurring subsequent to the issuance
of the permit in the information supplied by the permittee upon which
issuance of the permit was based;
4.
Violation by the permittee or any employee, subcontractor or independent
contractor of the permittee, of any state law or municipal ordinance
while in the course of conducting vending operations from a food vending
vehicle or ice cream truck pursuant to the permit.
b.
No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of Chapter 9 of this Code. Notification to the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. If a timely appeal is filed the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.
c.
No person whose permit is revoked shall be eligible to apply for
a new permit for a period of one year following such revocation.
[Ord. #2243, § 6]
a.
Each vending vehicle shall have a current, valid City of Compton
Business License Division inspection sticker affixed to the left side
of the rear of the vending vehicle.
b.
Each operator shall be issued an identification card which will also
serve as the operator's permit. The operator shall wear or carry such
card in a visible position upon his or her person at all times while
engaged in the operation of and/or the actual vending from a vending
vehicle, and shall produce the same for inspection upon request. Each
operator permit holder shall immediately surrender to the Business
License Division any operator's permit issued by the City upon the
suspension, revocation or expiration of such permit or upon leaving
employment as an operator.
c.
In addition to the operator's permit required in Paragraph b above,
each person who drives a vending vehicle shall have on his/her person
a current, valid state driver's license, which he/she shall make available
for inspection upon demand by any peace officer or City employee authorized
to enforce this Code.
[Ord. #2243, § 6]
a.
Each vending vehicle or ice cream truck for which a permit or renewal
is sought shall be inspected by the Business License Division to insure
compliance with this section and the Vehicle Code equipment requirements.
b.
Unless otherwise waived by the City Manager and, in addition to other
equipment required by law, each vending vehicle or ice cream truck
shall be equipped with the following:
1.
A convex mirror mounted so that the occupant of the driver's seat
can see the area in front of the truck which is obscured by the vehicle's
hood;
2.
A back-up alarm audible for a distance of at least 100 feet;
3.
Advertising decals and price lists shall be placed only on the vending
side of the vending vehicle or ice cream truck; and
4.
Safety signs or safety decals must be placed on both sides of the
vending vehicle or ice cream truck.
c.
The exterior of any vending vehicle or ice cream truck shall be clean,
in good repair and not contain any excessive peeling, dents, rust,
scratches or missing vehicular components which are discernible at
a distance of 10 feet or more from the vehicle.
[Ord. #2243, § 6]
a.
There shall be displayed in a conspicuous place on both the front
and back of the ice cream truck, clearly legible from a distance of
at least 100 feet under daylight conditions, appropriate warning signs
or lettering incorporating the words "WARNING" and "CHILDREN CROSSING."
Each sign shall be at least 12 inches high by 48 inches wide, with
letters of a dark color and at least four inches in height, one-inch
wide solid border, and sharply contrasting background.
b.
There shall be displayed in a conspicuous place on both the right
and left side of the ice cream truck lettering permanently affixed
showing the name of the company or operator of the ice cream truck
and the business address and telephone number of the owner or operator.
The lettering shall not be less than four inches in height, and shall
be in contrast to the color of the background upon which they are
placed.
c.
No other lettering, numbering, price lists, signs or insignia shall
be displayed on the right and left side of the ice cream truck so
as to interfere with the visibility of the lettering required in Paragraph
b.
d.
Vending from an ice cream truck, whether of a frozen dessert product
or of any other good or product, shall only occur between 9:00 a.m.
to sunset during the months of April, May, June, July, August, September
and October and between 9:00 a.m. to 6:00 p.m. daily during the months
of November, December, January, February and March.
e.
A person may not vend from an ice cream truck that is stopped, parked
or standing on any public street, alley or highway under any of the
following conditions:
1.
On a street, alley or highway with a posted speed limit greater than
25 miles per hour.
2.
If the street, alley or highway is within 100 feet of an intersection
with an opposing highway that has a posted speed limit greater than
25 miles per hour.
3.
If the vendor does not have an unobstructed view for 200 feet in
both directions along the highway and of any traffic on the highway.
4.
At one location for longer than 15 minutes and must move a minimum
of 500 feet before vending again.
[Ord. #2243, § 6]
a.
No person shall vend from a vending vehicle while stopped, parked
or standing on any public street, alley or highway:
1.
Between the hours of 8:00 p.m. of one day and 5:00 a.m. of the following
day during the months of April, May, June, July, August, September
and October in residential areas;
2.
Between the hours of 6:00 p.m. of one day and 5:00 a.m. of the following
day during the months of November, December, January, February and
March in residential areas;
3.
Within 300 feet of the nearest property line of any property on which
a school building is located between the hours of 7:00 a.m. and 5:00
p.m. of any school day. This prohibition will not apply if the school
principal gives the vending vehicle vendor written authorization to
park on school property. The vendor shall provide a copy of the authorization
upon demand by any peace officer or City employee authorized to enforce
this Code;
4.
Within 50 feet of any other vending vehicle which is engaged in the
operation of vending;
5.
Within 25 feet of an intersection controlled by a traffic light;
6.
Within 50 feet of an intersection controlled by a stop sign or a
marked cross-walk;
7.
When the speed limit on a public street or highway, posted or otherwise,
is greater than 40 miles per hour;
8.
When the speed limit on an alley, posted or otherwise, is greater
than 15 miles per hour;
9.
When the vending vehicle is parked in violation of any other provision
of this Code or the California Vehicle Code;
10.
When any part of the vending vehicle is open to prospective customers
other than on the side of the vehicle next to the right side of the
street, alley or highway;
11.
When the vending vehicle is not stopped, parked or standing on the
right side of the street, alley or highway;
12.
When the prospective customer is standing or sitting in another vehicle;
or
13.
When the prospective customer is located in that portion of the street,
alley or highway which is open to vehicular traffic.
b.
No person shall back-up a vending vehicle to make or attempt to make
a sale.
c.
No vending vehicle shall be operated in any one location for longer
than the parking time limit posted or indicated by the markings on
the adjacent curb.
d.
No minor under the age of 16 shall ride in or on a vending vehicle
or ice cream truck while such vending vehicle or ice cream truck is
engaged or about to be engaged in the operation of vending.
e.
No additional lighting other than that required by the California
Vehicle Code may be installed or operated on a vending vehicle or
ice cream truck.
f.
No person may place any freestanding signs, tables, chairs, fences,
shade structures, or other furniture on or near the site of the operation
of the vending vehicle or ice cream truck.
g.
No person shall engage in vending from a vending vehicle or ice cream
truck unless he or she maintains a clearly designated litter receptacle
in the immediate vicinity of the vending vehicle or ice cream truck,
marked with a sign requesting use by patrons. Prior to leaving the
location, the vendor shall pick up, remove and lawfully dispose of
all trash generated by the vendor's operation located within a twenty-five-foot
radius of the vendor's location.
[Ord. #2243, § 6]
a.
Horns shall be permitted to be used only when reasonably necessary
to insure the safe operation of the vending vehicle while being operated
on any public or private street, alley or highway or on public property.
b.
Music, noise or bells used in any vending vehicle or ice cream truck
shall not exceed five decibels above the ambient noise level when
measured from the property line of any property located on the street
on which the vendor is located. All such music, noise or bells shall
be turned off when the vehicle stops to sell merchandise or product
or is passing in front of either a public or private school.
[Ord. #2243, § 6]
a.
In General. All vending vehicles, including ice cream trucks, are
prohibited from operating on private property under any of the following
circumstances:
1.
The property is a vacant lot, which for the purpose of § 9-25, means a piece of unimproved and/or unpaved real property; or
2.
Where the primary use of the private property is being used for the
operation of the vending vehicle or ice cream truck. The operation
of a vending vehicle or ice cream truck must be incidental to the
primary use that complies with the City's Zoning Code; or
3.
When the vending vehicle or ice cream truck is stopped, standing
or parked in a manner that interferes with access, driveways, aisles
or movements of vehicles or pedestrians.
b.
Owner's Consent. Notwithstanding Paragraph a above, all vending vehicles
and ice cream trucks are prohibited from operating on private property
without the express written consent of the property owner. No person
may vend on private property unless the following requirements have
been met:
1.
The written consent of the property owner must be obtained and shall
be provided to the Business License Division in a form prescribed
by the Business License Division;
2.
A copy of the written consent of the property owner shall be maintained
with the vending vehicle or ice cream truck at all times during operation
on private property; and
3.
Upon demand of any peace officer or City employee authorized to enforce
this section, a vendor or operator of a vending vehicle or ice cream
truck shall present a copy of the written consent of the property
owner.
All produce regulated by the California Department of Food and
Agriculture shall be handled, transported, displayed or disposed of
in accordance with all California Department of Food and Agriculture
regulations as they now exist or as amended from time to time, including,
but not limited to the following:
a.
All produce or commodities under quarantine by the California Department
of Food and Agriculture will be protected or safeguarded in an approved
manner by being bagged, covered or screened to prevent infestation;
any open display is prohibited.
b.
All produce, commodities, or their husks, cores, rinds, or pits shall
be sealed in plastic bags before disposing of same.
c.
Every food vending vehicle or ice cream truck shall have a receipt,
invoice, bill of laden or other acceptable proof of origin of all
produce or commodities under quarantine.
d.
All produce or commodities under quarantine that are sold, offered
for sale, or transported within the quarantine area must be of commercial
origin.
e.
Any violation of this section may result in the seizure of the produce
or commodities in violation; all seized items will be destroyed.
[Ord. #2243, § 6]
a.
It shall be unlawful for any person to own, lease, drive, operate
or cause or permit to be driven or operated any vending vehicle or
ice cream truck in the City for vending purposes unless such person
has submitted with his application for permit, a motor vehicle liability
insurance policy, covering each vending vehicle or ice cream truck,
issued by a solvent corporation holding a certificate of authority
to do insurance business in the state, which policy shall conform
in all respects to the requirements of this Chapter.
b.
The required motor vehicle liability policy shall insure the owner,
driver, the City of Compton (as an additional insured) and any other
person using or responsible for the use of any vending vehicle or
ice cream truck 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,
or damage to property arising out of the maintenance, operation or
ownership of any vending vehicle or ice cream truck, with the types
and amounts of coverage as follows:
c.
Every insurance policy and every certificate of motor vehicle liability
insurance filed within the City pursuant to the provisions of this
section shall contain the following endorsements:
1.
It is hereby understood and agreed that, notwithstanding expressions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 9 of this Code. This policy shall insure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the tortfeasor or the insured.
2.
There is continuing liability up to the full amount of the policy,
notwithstanding any action or recovery thereon.
3.
No cancellation, termination or reduction in coverage of this policy
for any reason whatsoever shall become effective until the expiration
of 30 days after written notice of such cancellation or reduction
in coverage shall have been given to the City of Compton. Said period
of 30 days to commence running from the date said notice is actually
received in the Risk Management Division of the City Attorney's Office.
[Ord. #2243, § 6]
The provisions of this section shall be applicable to all persons
and businesses described herein whether the herein described activities
were established before or after the effective date of the ordinance
enacting this section into law. All such persons and businesses shall
have 30 days from said effective date to file a completed application
for a vendor's and/or operator's permit with the City's Business License
Division.
[1]
Editor's Note: Ordinance No. 2243, codified herein was adopted
October 8, 2013.
[Ord. #2243, § 6]
Any vending vehicle or ice cream truck operated contrary to
the provisions of this section shall be and the same is hereby declared
to be unlawful and a public nuisance and the City Attorney may, in
addition to or in lieu of prosecuting a criminal action hereunder,
commence an action or actions, proceeding or proceedings, for the
abatement, removal or enjoinment thereof, in the manner provided in
this Code, and may take such other steps and may apply to such court
or courts as may have jurisdiction to grant such relief as will abate
or remove such establishment and restrain and enjoin any person from
operating a food vending vehicle or ice cream truck contrary to the
provisions of this section.
[Ord. #2243, § 6]
The provisions of § 9-25 et seq. shall not apply to:
a.
Any person delivering any goods or merchandise by motor vehicle where
such goods or merchandise have been ordered in advance for such delivery
from any business located at a permanent location and which goods
or merchandise are being delivered from such location to the customer.
b.
Any person engaged in the vending of goods or merchandise on public
property where such person has been authorized by the City to engage
in such activity by permit, lease, license, agreement, or other entitlements
issued by the City for such purpose.
[Ord. #2243, § 6]
a.
Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not to exceed six months, or both such fine and imprisonment. In addition, the City may also impose administrative penalties pursuant to § 1-7 of the Compton Municipal Code and seek injunctive relief and civil penalties in the Superior Court for violations of this Chapter. The remedies provided to the City in this Chapter shall be cumulative and not exclusive of any other remedies available under any other federal, state or local laws.
b.
Any person or vendor who violates the provisions of this Chapter
may have his or her goods or merchandise confiscated by the enforcement
agency. Perishable items such as food and beverage items that are
confiscated shall be disposed of immediately. Nonperishable items
that are confiscated shall be inventoried and stored pending the outcome
of any court proceedings.
c.
Each day any violation of any said provision of this section shall
continue shall constitute a separate offense.
[Ord. No. 2317 amended Section 9-26 in entirety. Prior history
includes Ord. No. 2243, Pushcart Vendors.]
[Added 2-11-2020 by Ord.
No. 2317]
The City Council finds that there is a need to require licenses
or permits to vend on sidewalks and parks for the health and safety
of the public because it increases vendor accountability in following
the City's rules and regulations by identifying vendors out of compliance
with the City's vending program and protects vendors assigned to vend
in certain locations.
The City Council finds and determines that:
a.
That to promote the health, safety and welfare, restrictions on sidewalk
vending are necessary to avoid negative impacts on the health, safety
and welfare of the residents, including, but not limited to the following:
1.
Proliferation of illegal sales.
2.
Potential public exposure to food-borne illnesses due to unpermitted
vendors and unsanitary conditions.
3.
Increase in trash and debris in public rights-of-way.
4.
Overcrowded sidewalks impacting safe pedestrian movement.
5.
Interference to the performance of police, fire and emergency medical
personnel.
6.
Disruption to the flow of pedestrian and vehicular traffic, including
ingress or egress from any residence, public building, place of business
or from the street to the sidewalk by persons exiting or entering
parked or standing vehicles.
7.
Provide reasonable access for the use and maintenance of sidewalks,
pathways, hydrants, trash receptacles, firefighting apparatus, as
well as access to locations used for public transportation services.
8.
Maximize public access to and along the right-of-way.
9.
Ensure sidewalk vending activities occur only in locations where
such activities would not restrict sidewalk and pathway access and
enjoyment by individuals with disabilities pursuant to the American
with Disabilities Act of 1990 and other disability access standards.
10.
Reduce exposure to legal liability to the City due to personal injury
or claims for damage and litigation due to use of public property.
11.
Protect adult and minor residents from vendors with certain criminal
history and background.
b.
That the time, place, and manner regulations and requirements provided
herein are directly related to the City's purpose of protecting of
the health, safety, and welfare of its residents, businesses and visitors.
[Added 2-11-2020 by Ord.
No. 2317]
For purposes of this section, the following definitions shall
apply:
Shall mean a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and
Agricultural Code and any regulations adopted pursuant to that chapter.
Shall mean the City of Compton.
Shall mean the buildings, facilities and parking areas located
at 205 South Willowbrook Avenue, Compton, California 90220, including
the City Corporate Yard and parking areas at 458 South Alameda Street,
Compton, California 90220, and the Compton Sheriff's Station and the
appurtenant parking lots located at 301 South Willowbrook Avenue,
Compton, California 90220.
Shall mean any item provided in Health and Safety Code Section
113781, as the same may be amended from time to time.
Shall mean any item that is not food.
Shall mean one or more natural persons, individuals, groups,
businesses, business trusts, companies, corporations, joint ventures,
joint stock companies, partnership, entities, associations, clubs,
or organizations composed of two or more individuals (or the manager,
lessee, agent, servant, officer, or employee of any of them), whether
engaged in business, profit or nonprofit, or any other activity.
Shall mean any area dedicated or established as a public
park, including without limitation, active and passive parks that
are owned, leased and/or controlled by the City.
Shall mean all property owned, leased or controlled by the
City, including, but not limited to alleyways, buildings, parks, pathways,
parkways, sidewalks, roadways, streets and parking lots.
Shall mean that portion of the street, which is improved,
designed or ordinarily used for vehicular travel.
Shall mean a sidewalk vendor who moves from place to place
and stops only to complete a transaction.
Shall mean that portion of the highway or street other than
the roadway or parkway, set apart by curbs, barriers, markings or
other delineation which is used principally for pedestrian travel.
Shall mean a pushcart, stand, display, pedal-driven cart,
wagon, showcase, rack, or other non-motorized conveyance used for
sidewalk vending activities.
Shall mean actions that qualify a person as a sidewalk vendor
or actions done in anticipation of becoming a sidewalk vendor; such
as, but not limited to installation, placement or maintenance of any
sidewalk vendor facilities.
Shall mean a person who sells food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other non-motorized conveyance, or from one's person, upon a public
sidewalk or other pedestrian path, or such other meaning of such term
as may be ascribed by Government Code Section 51036(a) from time to
time.
Shall mean a sidewalk vendor who vends from a fixed location.
Shall mean a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
Shall mean a permit issued by the City for the temporary
use of, or encroachment on, the sidewalk or any other public area,
including, but not limited to, an encroachment permit, special event
permit, or temporary event permit, for purposes including, but not
limited to filming, parades, park reservations or outdoor concerts.
[Added 2-11-2020 by Ord.
No. 2317]
a.
No person, either for themselves or any other person, shall conduct
or engage in sidewalk vending within the City without first obtaining
a sidewalk vending permit pursuant to this section. A separate permit
is required for each sidewalk vending facility used by a sidewalk
vendor.
b.
A sidewalk vending permit shall not be required for the following
activities:
1.
Persons delivering goods, wares, merchandise, fruits, vegetables
or foodstuffs upon order of, or by agreement with, a customer from
a store or other fixed places of business or distribution.
2.
Vendors participating in certified farmers' markets, swap meets,
street fairs or other special events as authorized by the City.
3.
An event at a school facility or an assembly use facility, if the
vendor is operating in partnership with the organization conducting
the event and is located on the site of the event (i.e. not in the
public right-of-way).
4.
Vendors that only sell, display, distribute, solicit or offer sale
items that are inherently communicative and have nominal utility apart
from its communication (e.g. newspaper, leaflets, pamphlets, buttons).
[Added 2-11-2020 by Ord.
No. 2317]
To apply for a sidewalk vending permit, a person must file an
application with the Business License Division, accompanied by a nonrefundable
processing fee in an amount established by resolution or ordinance
of the City Council. The application shall be in a form prescribed
by the Business License Division and shall contain, at a minimum,
the following:
a.
The legal name, current address, telephone number and email address
of the applicant.
b.
If the applicant is an agent of an individual, company, partnership,
corporation, or other entity, the name, business address and telephone
number of the principal.
c.
The name, current address, telephone number and email address of
the person who will be in charge of any sidewalk vendors, sidewalk
vending activities and/or be responsible for the person(s) working
at the sidewalk vending facilities.
d.
For stationary sidewalk vendors, a description, map or drawing of
the location in which the applicant proposes to operate.
e.
The day(s) and hours of proposed vending operations and whether the
sidewalk vendor intends to operate as a stationary sidewalk vendor
or a roaming sidewalk vendor.
f.
Whether the sidewalk vendor will be selling foods, goods or merchandise,
or both, including a description of the foods, goods or merchandise
offered for sale, the dimensions of the sidewalk vending facilities
and a photograph thereof. Not including an attached litter receptacle,
vending facilities shall not exceed a length of five feet, a width
of three feet, or a height of five feet.
g.
A copy of a valid California driver's license or identification number,
an individual taxpayer identification number or municipal identification
number. Such identification numbers) or license(s) collected shall
not be available to the public for inspection and shall remain confidential
and not be disclosed except as required to administer the business
license and vendor permit, or comply with a state law or state or
federal court order.
h.
A copy of the public health permit required for any sidewalk vendors
selling food, as required by the Los Angeles County Environmental
Health Department.
j.
Proof the person possesses a valid California Department of Tax and
Fee Administration seller's permit.
k.
An agreement by the sidewalk vendor to defend, indemnify, release
and hold harmless the City, its City Council, officers and employees
from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly)
to the permit or the vendor's sidewalk vending activities.
l.
An acknowledgement that use of public property is at the sidewalk
vendor's own risk and that the City does not take steps to ensure
public property is safe or conducive to the sidewalk vending activities,
and that the sidewalk vendor uses the public property at the vendor's
own risk and assumes such risks.
m.
Proof of an insurance policy(ies) issued by an insurance company
licensed to do business in the State, protecting the vendor and the
City from all claims for damages to property and bodily injury, including
death, which may arise from operations under or in connection with
issuance of the vending permit in an amount of not less than $1,000,000.
Such insurance shall name as additional insured (within attached endorsement
page) the City and its elected officials, officers and employees.
n.
Payment of a non-refundable application and processing fee, as may
be set by the City Council by resolution or ordinance.
o.
Certification that, to their knowledge and belief, the information
contained in the application is true.
p.
Applicants shall cooperate with the Business License Division and
submit to a local and state summary criminal history information investigation.
Accordingly, pursuant to California Penal Code Sections 11105 and
13300, the City Council explicitly authorizes the authorized investigating
City employee to obtain such information as it relates to disqualifying
convictions.
q.
Any other reasonable information regarding the time, place, and manner
of the proposed vending.
[Added 2-11-2020 by Ord.
No. 2317]
a.
On submission of a properly completed application, the Business License
Division shall conduct a preliminary investigation, in coordination
with other relevant City departments and/or agencies to determine
compliance with this section and shall make such determination within
no more than 30 days of acceptance of the completed application to
approve or deny the application. The Business License Division shall
provide the applicant with written notice of the decision to the address
indicated in the application.
b.
The Business License Division may deny the issuance of a permit if the applicant fails to meet any of the requirements identified in Subsection 9-26.4, or if the Division makes any of the following findings:
1.
The applicant has made one or more material misstatements or omissions
in the application, or supplemental information requested from the
applicant.
2.
The applicant has failed to provide a complete application, after
having been notified of the requirement to produce additional information
or documents.
3.
The applicant has failed to pay any required fees or charges.
4.
The applicant does not have a valid California Driver's License or
valid California Identification Card issued to the vendor; or valid
individual taxpayer identification number issued to the vendor.
5.
The applicant does not provide a certificate of liability Insurance,
including endorsement page(s).
6.
The applicant's vending operation, as described in the application,
is inconsistent with the standards, conditions and requirements of
this Section.
7.
It is determined that the applicant does not possess all federal,
state and local permits and licenses necessary to engage in the activity
in which the applicant seeks to engage.
8.
The applicant has received four or more administrative citations
for violations of this section within the preceding 12 months.
9.
If the application is for the renewal of a permit or a subsequent
permit, the applicant has had a permit issued pursuant to this section
revoked within the last 12 months.
10.
The applicant, employee or agent has been convicted of a criminal
offense involving sale of a controlled substance specified in California
Health and Safety Code Sections 11054 through 11058; required to register
under the provisions of California Penal Code Section 290 (or an equivalent
section in any other State); the sale, distribution or display of
harmful or obscene matter; or other criminal offenses that are substantially
related to the qualifications, functions or duties of the vending
occupant, including, but not limited to convictions involving a violent
or serious felony, injury to persons, theft, fraud or misrepresentation.
c.
If the permit is denied, written notice of such denial and the reasons therefor shall be mailed, postage prepaid, to the applicant not later than 10 days following the date of the decision at the address shown on the application form. The denial notice shall contain a statement of the appeal procedure contained in Subsection 9-26.11.
[Added 2-11-2020 by Ord.
No. 2317]
a.
A sidewalk vending permit shall be valid for 12 months from the date
of issuance, and shall expire and become null and void on the anniversary
of its issuance. A person may apply for a permit renewal on a form
provided by the City prior to the expiration of his or her active
sidewalk vending permit.
b.
A sidewalk vending permit shall not be transferable to any other
entity or person and is valid only as to the original applicant for
the term stated. It shall be unlawful for any person other than the
permittee to use, wear or display any permit issued pursuant to this
Section.
c.
Sidewalk vendors shall possess and display, while vending, on the
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack
or other non-motorized conveyance, or on the vendor's person, a copy
of a valid current vending permit issued pursuant to this section,
as well as any other permit required by any other appropriate governmental
agency in a visible and conspicuous location.
d.
Sidewalk vendors shall ensure that all required insurance is maintained
for the duration of the permit and shall show proof of insurance to
a City official upon request.
[Added 2-11-2020 by Ord.
No. 2317]
Notwithstanding this section and any provisions of the Compton
Municipal Code, it is unlawful for any person to engage in sidewalk
vending activities within the following locations or areas within
the City:
a.
Any public property that does not meet the definition of a sidewalk
or pathway, including, but not limited to any roadway, street, alley
or parking lot.
b.
Within any area zoned for residential purposes, including Residential
Agriculture, Low Density Residential, Medium-Density Residential,
High-Density Residential and residential areas of the Planned Development
Zoning Districts; provided that roaming sidewalk vending activities
operate in compliance with this section shall not be prohibited.
c.
In or on the median of any street, road or highway; pedestrian islands;
public parking lots, alleys or bikeways.
d.
On any private property without the express written consent of the
owner or lessee of the property.
e.
In any location of the sidewalk or pathway wherein vending activities
obstructs or interferes with the free flow of pedestrian or vehicular
traffic. Sidewalk vendors must at all times provide a clearance of
not less than three feet on all sidewalks or pedestrian areas so as
to enable persons to freely pass while walking, running or using mobility
assistance devices.
f.
Sidewalk vending facilities shall not touch, lean against or be affixed
at any time to any building or structure including, but not limited
to lampposts, mailboxes, traffic signals, fire hydrants, benches,
bus shelters, newsstands, trashcans, fences or traffic barriers.
g.
Within 500 feet of the following:
1.
An area for a permitted certified farmers' market, swap meet or area
for a temporary special permit. This prohibition shall be limited
to the operating hours of the farmers' market or swap meet, or the
limited duration of the temporary special permit.
2.
The nearest property line of any property on which a school (public
or private) or large general child day-care facility is located between
the hours of 7:00 a.m. and 5:00 p.m. of any school day. This prohibition
will not apply if the school principal or facility administrator gives
the sidewalk vendor written authorization to use school property or
operate within 500 feet of the nearest property line.
3.
The nearest property line of any property which is used as a church,
temple, mosque, or other place of worship between the hours of 6:00
a.m. and 8:00 p.m. of any day during which religious services are
held. This prohibition will not apply if the sidewalk vendor has written
authorization from the recognized leader of the place of worship to
use its property or operate within 500 feet of the property line.
4.
The Civic Center, City Hall, City Yard, Sheriff's Station or a Fire
Station. Within 100 feet of the following:
(a)
Another sidewalk vendor.
(b)
Any street intersection or traffic signal.
(c)
Any public picnic area, playground area or playground equipment
while the same is in use.
(d)
Any public community center, athletic field, softball/baseball
diamond, basketball court, handball court, tennis court, soccer field
or volleyball court while the same is in use.
(e)
Any entrance to a public park.
(f)
Any open-air dining area.
h.
Within 25 feet of the following:
1.
A bus stop, taxi stand, bus bench or bus shelter.
2.
Any area designed for public parking, stopping or loading; any fire
hydrant, traffic signal controller or street light controller.
3.
A litter receptacle, bike rack, newspaper stand or restroom.
4.
A door or emergency exit of any business during the hours that the
business is open to the public or to persons having or conducting
lawful business within the premises.
[Added 2-11-2020 by Ord.
No. 2317]
a.
Stationary Sidewalk Vending. In addition to those regulations established in Subsection 9-26.7, it shall also be prohibited for any stationary sidewalk vendor to operate under any of the following conditions:
1.
Operate or conduct sidewalk vending activities in residential zones
within the City.
2.
Vend between the hours of 8:00 p.m. to 7:00 a.m. daily or consistent
with the hours of operation of the commercial businesses on the same
street, unless in conjunction with a permitted special event.
3.
Leave any sidewalk vending facilities unattended.
4.
Store, park or leave any sidewalk vending facilities overnight on
any public street, sidewalk or park. Sidewalk vending facilities left
in public spaces or in the public right-of-way overnight will be considered
discarded and may be seized or disposed of by the City. Vending facilities
seized will be inventoried and stored by the City (except for perishable
items such as food and beverages) for up to 30 days and released to
the legal owner or other authorized person on payment of storage fees
set by Council resolution or ordinance. Failure to retrieve the vending
facilities within the thirty-day period will result in the vending
facilities being deemed abandoned and may be disposed of by the City.
5.
Fail to provide a trash receptacle for customers and ensure proper
disposal of customer trash.
6.
Leave any location without first disposing of all trash or refuse
generated from vending operations or the vendor's customers within
a fifteen-foot radius of the vending location. Trash and refuse generated
by the vending operations shall not be disposed of in public trash
receptacles and shall be carried away by the vendor.
7.
Discharge solids or liquids onto any public right-of-way, including
the sidewalk, the street or a storm drain. Sidewalk vendors shall
immediately clean up any food, grease or other fluid or item related
to sidewalk vending activities that falls on public property.
8.
Sell anything other than that for which he or she is permitted to
vend.
9.
Vending of alcohol, tobacco products, drugs or cannabis, firearms,
weapons, spray cans or adult oriented materials.
10.
Use an electrical outlet or power source that is owned by the City
or another person other than the sidewalk vendor.
11.
To prevent dangerous distractions, make any outcry, blowing a horn,
ringing a bell, or using any sound devices or musical instrument for
the purpose of attracting the attention of potential patrons. All
signage and advertising related in any way to the sidewalk vending
must be attached to the vending facilities or the sidewalk vendor's
person, and shall not be electrical, flashing, wind-powered or animated.
12.
Utilize private solid waste receptacles or those belonging to other
businesses without the prior consent of the property owner or business.
13.
Utilize tables, chairs, fences, shade structures, other site furniture,
or freestanding signs in conjunction with the sidewalk vendor's vending
activities, except in the case of a stationary sidewalk vendor, one
chair and one umbrella may be provided for the purpose of allowing
the sidewalk vendor or an employee to be seated in shade.
b.
Roaming Sidewalk Vending. In addition to those regulations established in Subsection 9-26.7, and paragraphs a2 through a13 above, it shall also be prohibited for any roaming vendor to operate under any of the following conditions:
1.
Vend in designated residential zones between the hours of 6:00 p.m.
to 8:00 a.m. daily and during periods of daylight saving time, between
the hours of 8:00 p.m. and 8:00 a.m., unless in conjunction with a
permitted special event.
c.
Vending in Public Parks. In addition to those regulations established in Subsection 9-26.7, and paragraphs a2 through a13 above, the following shall also be prohibited for any sidewalk vendor operating in any public park:
1.
Sidewalk vending of food and merchandise by stationary vendors in
any park with a concession stand operated by a vendor under exclusive
contract with the City selling similar food or merchandise.
2.
Operate outside the hours of operation of the park. Sidewalk vendors
shall cease operations one hour prior to the close of the park.
3.
Operate on, or within 100 feet of any sports field, playground equipment
area, pool or exercise area, while said area is in use.
4.
Utilize any bench, table, barbeque pit, covered gathering area, or
other publicly-owned structure or amenity in the park in any way as
part of the sidewalk vending operation.
5.
Operate within 25 feet of the outer edge of any bench, table, barbeque
pit, covered gathering area, or other publicly-owned structure or
amenity in the park.
6.
Vend in a public park during any scheduled event, whether it is a
City event or a private event for which a temporary use permit has
been obtained.
d.
Sidewalk vendors shall comply with all applicable state and local
laws, including without limitation state food preparation, handling,
and labeling requirements; fire codes and regulations; noise standards;
and the Americans with Disabilities Act of 1990 and other disability
access standards (both state and federal).
e.
Sidewalk vendors shall allow a law enforcement officer, code enforcement
officer, health inspector or other government official charged with
enforcing laws related to sidewalk vending activities, at any time
during the operation of such activities, to inspect the sidewalk vending
facility for compliance with the requirements of this section and
the Los Angeles County Environmental Health Department and to ensure
the safe operation thereof.
[Added 2-11-2020 by Ord.
No. 2317]
The Business License Division may suspend or revoke a permit
issued to a sidewalk vendor upon the sidewalk vendor being issued
a fourth or subsequent citation for violations of this section.
a.
Notice of the suspension or revocation of a sidewalk vending permit
shall be given in writing, setting forth the grounds therefor. Such
notice shall be mailed, postage prepaid, to the permittee, at the
last known address of the permittee.
b.
No person whose sidewalk vending permitted has been revoked pursuant
to this section shall be issued a sidewalk vending permit for a period
of two years from the date revocation becomes final.
[Added 2-11-2020 by Ord.
No. 2317]
a.
b.
A person engaged in sidewalk vending without a valid current vending permit issued pursuant to this section is punishable only by an administrative citation pursuant to Section 1-7 of Chapter 1 of this Municipal Code, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph a above:
1.
An administrative fine of $250 for a first violation.
2.
An administrative fine of $500 for a second violation within one
year of the first violation.
3.
An administrative fine of $1,000 for each additional violation within
one year of the first violation.
4.
Upon proof of a valid sidewalk vending permit issued by the City,
any administrative fines imposed under this paragraph b for vending
without possessing a copy of the permit shall be reduced to the administrative
fines set forth in paragraph a above.
c.
It shall constitute a separate and new offense for each and every
hour during any portion of which a violation of, or failure to comply
with, any provision or requirement of this section is committed, continued
or permitted by any person.
d.
A violation of this section shall not be punishable as an infraction
or misdemeanor. No person alleged to have violated the provisions
herein shall be subject to arrest except when otherwise permitted
by law.
e.
Failure to pay an administrative citation issued pursuant to this
Section shall not be punishable as an infraction or misdemeanor. Additional
fines, fees, assessments, or any other financial conditions beyond
those authorized herein shall not be assessed.
[Added 2-11-2020 by Ord.
No. 2317]
a.
Appeal of Permit Denial, Suspension or Revocation.
1.
In the event that any applicant or permittee desires to appeal from
any denial, suspension or revocation of a sidewalk permit, such applicant
or permittee shall have the right to appeal such action to the City
Manager or his/her designee by filing a written notice of appeal with
the City Clerk within 10 days after receipt of the decision to deny
or suspend or revoke and shall set forth the grounds for the appeal.
A failure to file a timely appeal shall render the decision to deny
or suspend or revoke a permit final.
2.
The City Manager or his/her designee shall set a time and place for
a hearing on the appeal within 10 days of the filing of the appeal.
The determination of the City Manager or his/her designee following
the hearing shall be in writing and shall be mailed to, postage prepaid,
to the applicant or permittee within five days after the hearing.
The decision of the City Manager or his/her designee shall be final
and conclusive.
[Added 2-11-2020 by Ord.
No. 2317]
a.
When assessing an administrative fine under this section, the City
will take into consideration a person's ability to pay the fine.
1.
Any fine issued under this section will be accompanied by a notice
of and instruction regarding a person's right to request an ability-to-pay
determination.
2.
A person may request an ability-to-pay determination at adjudication
or while the judgment remains unpaid, including when a case is delinquent
or has been referred to a collection program.
b.
The City shall accept 20% of the administrative fine as full payment
when the vendor applying for the ability-to-pay determination meets
any of the following criteria as a recipient of public benefits or
poverty guidelines:
1.
Supplemental Security Income (SSI) and State Supplementary Payment (SSP) (Article 5, commencing with Section 12200, of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code).
2.
California Work Opportunity and Responsibility to Kids Act (CalWORKS) (Chapter 2, commencing with Section 11200, of Part 3 of Division 9 of the Welfare and Institutions Code) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program (Section 10553.25 of the Welfare and Institutions Code).
3.
Supplemental Nutrition Assistance Program (Chapter 51, commencing
with Section 2011, of Title 7 of the United State Code) or the California
Food Assistance Program (Chapter 10.1, commencing with Section 18930,
of Part 6 of Division 9 of the Welfare and Institutions Code).
4.
County Relief, General Relief (GR), or General Assistance (GA) (Part
5, commencing with Section 17000, of Division 9 of the Welfare and
Institutions Code).
5.
Cash Assistance Program for Aged, Blind and Disabled Legal Immigrants
(CAPI) (Chapter 10.3, commencing with Section 18937, of Part 6 of
Division 9 of the Welfare and Institutions Code).
6.
In-Home Supportive Services (IHSS) (Article 7, commencing with Section 12300, of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code).
7.
Medi-Cal (Chapter 7, commencing with Section 14000, of Part 3 of Division (of the Welfare and Institutions Code).
c.
An applicant whose monthly income is 125% or less of the current
poverty guidelines updated periodically in the Federal Register by
the United States Department of Health and Human Services under the
authority of paragraph (2) of Section 9902 of Title 42 of the United
States Code.
d.
The City also may allow the person to complete community service
in lieu of paying the fine, may waive the fine in whole or part, or
may offer an alternative settlement and disposition.
[Added 2-11-2020 by Ord.
No. 2317]
The provisions of this section may be enforced by any City employee
authorized to enforce the provisions of this Code and by a designated
representative of the law enforcement agency or agencies authorized
by the City to enforce the laws of the City of Compton.
[Added 7-2-2019 by Ord. No. 2312]
[Added 7-2-2019 by Ord. No. 2312]
This section shall be known as the "Motion Pictures, Television
and Photographic Production Ordinance" of the City of Compton.
[Added 7-2-2019 by Ord. No. 2312]
This section is to establish administrative rules and regulations
for the review and issuance of filming permits for motion picture,
television and photographic production in the City of Compton. The
intent of this section is to facilitate and regulate the time, place
and manner of such filming activity and to mitigate the potential
impact filming activities may have on residents and business owners.
[Added 7-2-2019 by Ord. No. 2312]
For purposes of this section, the following definitions shall
apply:
Commercials, motion pictures, television (digital, film or
tape) or still photography produced by a nonprofit organization, which
qualifies under Section 501(c)(3) of the Internal Revenue Code as
a charitable organization. No person, directly or indirectly, shall
receive a profit from the marketing and production of the film or
from showing the films, tapes or photos.
The City employee or body designated by the City Manager
as responsible for issuing permits pursuant to this section.
The filming, videotaping of motion pictures or taking of
photographs solely for private and/or family use.
Includes, but not be limited to feature motion pictures,
video recordings, television motion pictures, commercials, digital
media and still photography.
All activity attendant to staging or shooting commercial
motion pictures, television shows or programs, web-based media, commercials
and the taking of single or multiple photographs for sale or commercial
use where the photographer sets up stationary equipment in any one
location for longer than five consecutive minutes. "Filming activity"
also includes filming of commercial radio station promotional events.
Actual property or properties at which any filming activity
is performed.
An individual or individuals or organizations filming or
videotaping for the purpose of breaking, spontaneous, unplanned reporting
of news events concerning those persons, scenes or occurrences which
are in the news and of general public interest by reporters, photographers
or camera persons in the employ of a newspaper, television station,
news service or similar entity.
The work day or days preceding filming activities. These
activities may include, but are not limited to, set construction,
dressing, painting, landscaping and/or rigging for stunts and special
effects.
The activity of making a film for commercial or noncommercial
purposes on property owned by the City of Compton or on private property
within the jurisdiction of the City of Compton.
The work at a filming location that includes the removal
of equipment at the end of filming activities. These activities may
include, but are not limited to, set removal, re-painting, re-landscaping
and/or un-rigging from stunts and special effects.
The motion pictures, television programs or commercials or
still photography produced to satisfy a course or curriculum requirement
at an educational institution. The student filmmaker must supply proof
that he/she is currently enrolled.
A legally established commercial motion picture/television/still
photography place of business where filming activities (motion or
still photography) are regularly conducted inside a studio/stage on
the premises.
[Added 7-2-2019 by Ord. No. 2312]
a.
No person shall use any public or private property, building, facility
or residence for the purpose of filming activity, including but not
limited to producing, making or taking commercial motion pictures
or television pictures (digital, film or tape) or commercial still
photography, without first applying for and receiving a permit from
the City.
b.
Except where otherwise indicated herein, the provisions of this section
shall not apply to the following:
1.
Noncommercial filming, videotaping or photography activities conducted
solely for private or family use;
2.
Filming, videotaping or photography activities conducted for spontaneous,
unplanned or breaking news purposes, as defined herein;
3.
Filming activities conducted for use in a criminal investigation
or civil or criminal court proceeding;
4.
Filming activities conducted for education, government, public access
and local origination programs for cable television systems franchised
within the City;
5.
Any activity deemed to be in the public interest by the City Manager
of his/her designee; or
6.
Studio filming.
c.
Nothing in this section shall limit the right of the City to suspend
filming or videotaping activities exempted herein when found necessary
for the protection of the public health, safety or general welfare,
and when such filming activity poses an immediate hazard to persons
and/or property.
[Added 7-2-2019 by Ord. No. 2312]
a.
Permit Applications. Any person desiring a permit under the provisions
of this section shall submit the following to the City Permit Coordinator:
1.
A completed application for a permit on a form provided by the City. The form must be signed and accompanied by a nonrefundable permit application fee and security deposit (unless exempted pursuant to § 9-27.6), and if applicable, written permission of private property owner(s), as required by this section and the City's administrative rules and regulations before the permit will be processed. Each application must include:
(a)
The name, address, telephone number and email address of the
applicant or duly authorized representative, the location manager
and, if available, of the director, first assistant director and/or
the unit production manager;
(b)
The name, address, telephone number and email address of the
individual or production company to whom the permit is to be issued;
(c)
The name, address, telephone number and email address of the
owner or representative of the property at which the activity is to
be conducted;
(d)
The specific location at such address or place;
(e)
The inclusive hours and dates such activity will occur, including
but not limited to the preparation and cleanup of the location;
(f)
A general statement of the character or nature of the proposed
filming activities, including any other activity which would affect
the use of public facilities in the area;
(g)
The estimated number of personnel to be involved;
(h)
If applicable, a statement indicating that the applicant intends
to use either animals, chemicals, explosives, fire or pyrotechnics
or intends to engage in any other hazardous activities such as stunts;
(i)
The exact amount/type of vehicles/equipment to be involved;
(j)
The location of a base camp for the production, if any; and
(k)
Such additional information as the City may deem necessary.
2.
Permit fee as established by City Council ordinance or resolution and other applicable deposits as described in Subsection 9-27.6.
3.
If determined to be necessary by the City Permit Coordinator, written
evidence of permits and/or conditions with other public agencies as
may be required upon submission of an application for a permit. Requirements
of these responsible agencies shall be requirements of this permit.
Examples of such agencies include, but are not limited to, the California
Highway Patrol, the Los Angeles County Sheriff's Department, Federal
Aviation Administration, the Compton Fire and Public Works Departments.
4.
Any other information as required by the City's administrative rules
and regulations.
b.
Permit Issuance.
1.
The City Permit Coordinator shall be responsible for the issuance
of permits under this section, when, from a consideration of the application
and from such other information as may be otherwise obtained, he/she
finds that:
(a)
The conduct of such activity will not unduly interfere with
traffic or pedestrian movement or endanger public safety and that
no streets will be completely closed to traffic for an unreasonable
period of time;
(b)
The conduct of such activity will not unduly interfere with
normal governmental or City operations, threaten to result in damage
or detriment to public property, or result in the City incurring costs
or expenditures in either money or personnel not reimbursed in advance
by the applicant; and
(c)
At the determination of the City's Public Works Department,
as well as the City's authorized law enforcement agency, City Fire
Department and the City Engineer, as required, that the condition
of such activity will not constitute a fire hazard or any other type
of hazard and all proper safety precautions will be taken as determined
by the Department Director(s) or their designee(s).
2.
The City Permit Coordinator may impose any conditions found necessary
to protect the public's health, safety and welfare. The permittee
shall comply with any conditions or restrictions the City may impose
as a condition to issuing a permit. No changes to such conditions
shall be made without first obtaining the City Permit Coordinator's
prior written approval. Failure to comply with the terms and conditions
of a permit shall be grounds for permit revocation by the City.
3.
Following issuance of a permit under this section, the permittee
shall notify residents and businesses within a 500-foot radius of
the location of the proposed filming activity by distributing a fully
completed "Filming Location Notification Form," including the production
company's contact telephone numbers, at least 24 hours prior to the
first day of filming activity. Notification is not required for still
photographic productions with cast and crew of less than 10 people.
c.
Permit Processing. Review and processing of a completed application
shall be completed, when reasonably possible, within four to eight
City business days of submission, unless an extension of time is agreed
to in writing by an applicant. The processing of a film permit application
submitted for a small or routine request should generally be conducted
within four City business days, but may be extended beyond that time
based on a reasonable determination made by the City Permit Coordinator.
The processing of more complex or multi-faceted permit applications
may extend beyond the four to eight City business days, but within
a reasonable period of time. When an applicant does not agree to extend
the permit application review process beyond the four to eight City
business days, the City Permit Coordinator is authorized to deny the
application and to refund all monies paid by the applicant with a
letter describing the reasons for denial.
d.
General Permit Conditions. Any applicant granted a permit pursuant
to this section shall comply with all of the following conditions:
1.
The applicant shall conduct operations in an orderly fashion with
continuous attention to the storage of equipment not in use and the
cleanup of trash and debris. The area used shall be cleaned of trash
and debris upon completion of shooting at the scene and restored to
the original condition before leaving the site.
2.
An applicant is required to obtain the property owner's written permission,
consent and/or lease for use of property not owned or controlled by
the City.
3.
If the applicant must park equipment, trucks and/or cars in zones
that will not permit it, temporary "No Parking" signs shall be posted
by the applicant, if required by the City. The applicant must also
obtain permission to string cable across sidewalks or from a generator
to a service point.
4.
For filming that would impair traffic flow, an applicant must use
the City's authorized law enforcement agency personnel and comply
with all traffic control requirements deemed necessary.
(a)
An applicant shall furnish and install advance warning signs
and any other traffic control devices in conformance with the manual
of traffic controls, State of California, Department of Transportation.
All appropriate safety precautions must be taken.
(b)
Traffic may be restricted by lane closure(s) and/or stopped
intermittently. The period of time that traffic may be restricted
will be determined by the City, based on location.
(c)
Traffic shall not be detoured across a double line without prior
approval of the appropriate City department representative.
(d)
Unless authorized by the City, camera cars must be driven in
the direction of traffic and must observe all traffic laws.
(e)
Emergency road work or construction by City crews, other governmental
entities, public utilities and/or private contractors, under permit
or contract to the appropriate department shall have priority over
filming activities. However, at the City's discretion, the City shall
attempt to work with the permittee to find an equitable solution,
if possible.
(f)
No relocation, alteration or moving of City-owned structures
or property will be permitted without prior approval.
5.
City fire safety officers or advisors may be required if warranted
by the activities; such as use of special effects, indoor filming,
large crews, projectile pyrotechnics and filming during fire season
or in fire-sensitive areas.
6.
Compliance with the City's administrative rules and regulations.
[Added 7-2-2019 by Ord. No. 2312]
Each application for a permit shall be accompanied by:
a.
A security deposit, in an amount established by City Council ordinance
or resolution, to ensure cleanup and restoration of the site of the
filming activity. The deposit, in full or part thereof, may be returned
to the applicant upon completion of filming activity and inspection
of the site by the City; and
b.
A nonrefundable permit application fee in an amount established by
ordinance or resolution of the City Council to reimburse the City
for staff time required to evaluate and process the application and
establish conditions of approval and to monitor the activity.
c.
The security deposit and permit application fee shall not apply to
or affect:
d.
If deemed necessary by the City Permit Coordinator, additional law
enforcement agency, code enforcement, film monitor and/or other City
services shall be provided for the purpose of assisting, regulating
or providing security or protection to the applicant and/or public
for the proposed activities conducted under the permit, at a cost
billed to the permittee. The cost of providing such additional services
shall be paid in advance to the City by the permittee. Additional
City services shall be provided/coordinated through the City Permit
Coordinator. Additionally, if City property is destroyed or damaged
by reason of permittee's use, event or activity, the permittee shall
reimburse the City the actual replacement or repair cost of the destroyed
or damaged property.
[Added 7-2-2019 by Ord. No. 2312]
If the permit application is approved, before the permit shall
be issued, the applicant/permittee (both for-profit, nonprofit and
student filming activities) shall submit the following:
a.
Liability Insurance. If the activity will be conducted on public
property, a certificate of insurance shall be submitted evidencing
the following: 1) general liability with limits no less than $1,000,000;
2) auto liability, if applicable, with limits no less than $1,000,000;
3) workers' compensation coverage as required by law; and 4) employer's
liability with limits no less than $1,000,000. The general liability
and auto liability policies shall name the City, its officials, officers,
employees, agents and volunteers as additional insureds to protect
the City against claims of third persons for personal injuries, wrongful
death and property damage and to indemnify the City for damage to
City property arising out of the permittee's activities. An additional
aggregate may be required for the use of pyrotechnics or when other
conditions warrant greater insurance liability. Such policy(ies) shall
be provided by an insured permitted to do business in the State of
California and shall not be subject to cancellation or modification
until after 30 days written notice to the City.
b.
Hold Harmless Agreement. An applicant must execute and submit a hold
harmless agreement in a form approved by the City Attorney, agreeing
to defend, indemnify and hold harmless the City, its officials, officers,
agents, employees and volunteers against losses and liabilities incurred
from the activities of the permittee or issuance of the permit.
[Added 7-2-2019 by Ord. No. 2312]
a.
A permit may be revoked by the City for any of the following reasons:
1.
Misrepresentation(s) on the permit application, including but not
limited to the type or manner of film production, the location of
activity or the parameters or the need for stunts or special effects.
2.
Any violations of the local, state or federal law, and/or the City's
administrative rules and regulations for filming activity.
3.
Any violation of the conditions imposed on the permit.
b.
The City's authorized law enforcement agency, City Fire Department,
Code Enforcement and/or the City Permit Coordinator are authorized
to suspend any filming activity not authorized by the necessary permit
or when permit conditions are violated or where the City's filming
rules and regulations, laws or ordinances are violated. A written
notice of suspension shall be provided to the permittee and the City
Permit Coordinator within 24 hours of the suspension.
1.
Depending on the nature of the violation, the City may issue a verbal
or written notification to the permittee demanding that the violation(s)
be immediately addressed and corrected before a suspension or revocation
of the permit.
[Added 7-2-2019 by Ord. No. 2312]
The decision of the City Permit Coordinator to issue, conditionally
issue, not issue, suspend or revoke a permit may be appealed in writing
to the City Manager within two City business days of the decision.
The appeal must include copies of all pertinent material necessary
to support the permittee's position on appeal. The appeal shall be
heard by the City Manager, or his/her designee, within two City business
days after the appeal is filed and he/she shall render a decision
within two City business days after the appeal hearing. Any actions
of the City Manager shall be final.
[Added 7-2-2019 by Ord. No. 2312]
a.
Change of Date. Upon the request of the applicant, submitted a minimum
of 24 hours in advance, the City Permit Coordinator or his/her designee
shall have the power, upon a showing of good cause, to change the
date for which the permit has been issued, provided established limitations
are complied with in respect to time and location.
b.
Rules. The City Manager or his/her designee is authorized and directed
to promulgate rules and regulations, subject to approval by resolution
of the City Council, governing the time, place and manner of any film
activity within the City. The rules and regulations shall be based
upon the criteria set forth in this section.
[Added 7-2-2019 by Ord. No. 2312]
a.
Notwithstanding any other provision of the Compton Municipal Code to the contrary, any person who has been issued a filming permit or any person responsible for conducting filming activities within the City of Compton without first obtaining a filming permit, causes or permits a violation of any provision of this section, or who fails to comply with any obligation or requirement of this section, is guilty of a misdemeanor violation, or at the discretion of the City Attorney, an infraction, punishable in accordance with § 1-6 of Chapter 1 of the Compton Municipal Code.
b.
This section does not exclusively regulate filming activity in the
City, and the remedies provided in this section are in addition to
other applicable remedies and penalties authorized by the Compton
Municipal Code, or by the laws of the State of California or of the
United States.
