For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
means and includes full-time or part-time professional services
and retail, wholesale, manufacturing, or other occupations, trades,
or callings of any kind, whether or not carried on for profit or livelihood.
means the business license tax.
means the City of Atascadero, a municipal corporation of
the State of California, in its present incorporated form or in any
later reorganized, consolidated, enlarged, or reincorporated form.
means the Finance Director or other City officer or employee
charged by the City Manager with the administration of the provisions
of this chapter.
means all persons required to be reported as employed on
the employers form DE6 or its successor or equivalent. For purposes
of computing tax based on employees, the average number of employees
per year, as defined in this section, will be used.
means premises in the City where a business is conducted
from day to day and regularly kept open for the purposes of such business,
also referred to as "regular place of business."
means the business license tax certificate and any other
identifying decal or marker as may be required by the Collector.
means the person, natural or otherwise, to whom a business
license tax certificate has been issued.
means making materials, raw or partly finished, into wares
suitable for use by persons other than the manufacturer, including,
but not limited to, fabrication, processing, packing, bottling, assembling,
canning, compounding, and forging.
means any group of persons organized as an association, cooperative,
corporation, club, fraternal order, or the like for any lawful purposes
which do not contemplate the distribution of gains, profits, or dividends
to the members thereof and for which individuals may lawfully associate
themselves, such as religious, charitable, scientific, social, literary,
educational, recreational, benevolent, or cemetery purposes.
means any person who goes from house to house or from place
to place or in or along the streets of the City selling and making
an immediate delivery, or offering for sale and immediate delivery,
anything of value in his or her possession to persons other than dealers
in such commodities.
means and includes all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships of
every kind, clubs, Massachusetts business or common law trusts, societies,
and individuals transacting and carrying on any business in the City
other than as an employee.
means a person engaged in soliciting, canvassing, or taking
orders from house to house, or from place to place, or by telephone,
or by any other means of communication for any goods, wares, or merchandise
or any article to be delivered in the future, or for services to be
performed in the future, or for making, manufacturing, or repairing
any article whatsoever for future delivery, or for subscriptions to
periodicals or tickets of admission to entertainments or memberships
in any clubs.
means an affidavit sworn to before a person authorized to
take oaths or a declaration or certification made under penalty of
perjury.
means every business not conducted at a "fixed place of business"
or at a regular place of business, whether the person conducting such
transient business is or is not a resident of the City.
means every business conducted solely for the purpose of
maintaining or renting space for the storage of any kind of property,
except frozen food facilities.
means every business conducted solely for the purpose of
selling goods, wares, or merchandise in wholesale lots for resale.
(Ord. 426 § 2, 2003)
This chapter is enacted for the sole purpose of raising revenue
for municipal purposes. The issuance of such tax or license certificate
shall not be construed as authorizing any business to operate without
first complying with all other applicable laws and regulations, including,
but not limited to the zoning and other regulations contained in the
Atascadero Municipal Code. In the event that a tax or license certificate
is issued, it shall not constitute permission to violate the Atascadero
Municipal Code nor any applicable law or regulation.
(Ord. 426 § 2, 2003)
(a)
Persons
required to pay a business tax for transacting and carrying on any
business under this chapter shall not be relieved from the payment
of any business tax for the privilege of doing such business required
by any other law of the City and shall remain subject to the regulatory
provisions of other laws.
(b)
Any
person required to pay a business tax for transacting and carrying
on any business under this chapter shall not be relieved from the
payment of such business tax, notwithstanding that such business is
not in compliance with zoning, health, safety, or other regulatory
provisions of law. Compliance with the provisions of this chapter
shall not constitute evidence that such business is in compliance
with any other such regulations or provisions of law.
(Ord. 426 § 2, 2003)
(a)
There
are hereby imposed upon the businesses, trades, professions, callings,
and occupations specified in this chapter the business taxes in the
amounts prescribed in this chapter. It shall be unlawful for any person
to transact and carry on any business, trade, profession, calling,
or occupation in the City without first having paid the tax prescribed
in this chapter or without complying with any and all applicable requirements
and other provisions of this chapter.
(b)
This
section shall not be construed to require any person to pay a business
tax or to comply with any other requirement of this chapter prior
to doing business within the City if such requirements conflict with
applicable statutes of the United States or of the State.
(c)
This
section shall not be construed to require any person to pay a business
tax on any transaction, no part of which occurred within the City.
(Ord. 426 § 2, 2003)
When any person, by the use of signs, circulars, cards, telephone
books, or newspapers, shall advertise, hold out, or represent that
the person is in business in the City, or when any person holds an
active license or permit issued by a governmental agency indicating
that the person is in business in the City, or when any person makes
a sale, takes an order, renders a commercial service, or performs
any other similar act within the City, and such person fails to deny
by a sworn statement given to the Collector that the person is not
conducting a business in the City after being requested to do so by
the Collector, then such facts shall be considered prima facie evidence
that the person is conducting a business in the City. Once a person
is considered to be conducting business in the City, they shall be
conclusively deemed to be conducting business until the date that
proof is supplied to the City that business operations have ceased.
Liability for the business tax payments shall likewise continue until
the date proof is supplied to the City that business operations have
ceased.
(Ord. 426 § 2, 2003)
None of the business taxes provided for by this chapter shall
be so applied as to occasion an undue burden upon interstate commerce
or be violative of the equal protection and due process clauses of
the Constitutions of the United States and the State.
In any case where a business tax is believed by a person transacting
or carrying on any business in the City to place an undue burden upon
interstate commerce or be violative of such constitutional clauses,
he or she may apply to the Collector for an adjustment of the tax.
Such application may be made before or at the time the tax is required
to be paid or within six months after the payment of the prescribed
business tax. The applicant, by sworn statement and supporting testimony,
shall show the applicant's method of business, and the gross volume
or estimated gross volume of such business, and such other information
as the Collector may deem necessary in order to determine the extent,
if any, of such undue burden or violation. The Collector shall then
conduct an investigation and, after having first obtained the written
approval of the City Attorney, shall fix as the business tax for the
applicant an amount that is reasonable and nondiscriminatory or, if
the business tax has already been paid, shall order a refund of the
amount over and above the business tax so fixed. Such investigation,
fixing of the business tax, and order of refund shall be accomplished
no later than one week after the date the application is received
by the City. In fixing the business tax, the Collector shall have
the power to fix the business tax on any basis which will assure that
the business tax assessed shall be uniform with that assessed on businesses
of like nature, so long as the amount assessed does not exceed the
business tax prescribed by this chapter. If it is determined that
no business tax is due, the applicant exempt from the business tax
shall obtain, and the Collector shall issue, a License certificate
indicating such exemption from the tax.
(Ord. 426 § 2, 2003)
(a)
The
following shall be exempted from the payment of a business tax but
shall be required to obtain a tax-exempt license certificate:
(1)
Nonprofit Organizations. Nonprofit organizations, as defined in Section 3-5.010 of this chapter, when conducting business open to the members thereof but not to the public, or when conducting or staging any concert, exhibition, lecture, dance, athletic event, entertainment, or short-term fund-raising activity where no charge is made, or where receipts (less the necessary costs of the fund-raising activity) are used exclusively for nonprofit purposes, and no part thereof is used for the purpose of the private gain of any person;
(2)
Disabled Veterans. Any disabled veteran who is physically unable
to obtain a livelihood by manual labor, and has honorable discharge
papers showing disability incurred while in the service in the armed
forces of the United States, and who is a voter of the State shall
have the right to distribute circulars and hawk, peddle, and vend
any goods, wares, or merchandise owned by such veteran without the
payment of any business tax upon the following terms and conditions,
to wit: the applicant shall furnish evidence satisfactory to the City
that the applicant is physically unable to obtain a livelihood by
manual labor, that the applicant is an honorably discharged member
of the armed forces of the United States, and that the applicant sustained
disability while serving in the armed forces of the United States
during a war or military campaign in which the United States was engaged;
(3)
Disabled Persons. Any person who, by reason of blindness, infirmities
of age, or loss of limbs is unable to obtain livelihood by other means
than street vending or entertaining or house-to-house selling;
(4)
Minimal Income Persons. Any person whose annual gross income from
any such business is less than $2,000 annually, provided however,
that the applicant shall provide to the City proof acceptable to the
Collector that the annual gross income from such business is less
than $2,000 prior to each annual renewal of the business tax exempt
License certificate;
(5)
Minors. Every natural person of the age of 17 years or under whose
annual gross receipts from any and all businesses are $2,000 or less;
and
(6)
Solicitors in Interstate Commerce. Solicitors engaged in interstate
commerce when a business tax casts a burden upon such interstate commerce.
(b)
Claims
for Exemption. Any person desiring to claim an exemption from the
payment of a business tax and to have a free tax exempt license certificate
issued shall make an application therefor upon a form prescribed by
the City and shall furnish such information and make such affidavits
as may be required. Upon the determination being made that the applicant
is entitled to an exemption from the payment of the business tax for
any reason set forth in this chapter, the City, upon the applicant
complying with the provisions of this chapter or any other law of
the City which may require a permit for the doing of the particular
act proposed to be done, shall issue a free tax exempt license certificate
to such person, which License certificate shall show upon its face
that the business is exempt from the business tax.
(c)
Revocation
of Exemptions. The City may revoke any tax exempt license certificate
granted pursuant to the provisions of this chapter upon information
that the business is not entitled to the exemption as provided therein.
In such revocation the procedure to be followed and the right of appeal
shall be as provided in this article for determination of a disputed
tax.
(d)
Exclusions.
Except as may be otherwise specifically provided in this chapter,
the provisions of this section shall not be deemed or construed to
apply to any of the following:
(1)
Banks, including national banking associations as provided by subsection
1(a) of Section 16 of Article XIII of the State Constitution;
(2)
Insurance companies and associations as provided by Section 14 of
Article XIII of the State Constitution provided however that insurance
brokers shall not be excluded under this section;
(3)
Any person whom the City is not authorized to license under any law
or constitution of the United States or of the State;
(4)
Any delivery by a firm lacking a fixed place of business in the City,
which delivery is occasional and incidental to a business carried
on outside the City, provided however, that four or more deliveries
within any 12 month period shall be considered proof that any further
delivery is not occasional and incidental to such business;
(5)
Any public utility or other organization which is wholly owned and
operated by a political subdivision of the State and any public district
organized under the laws of the State; and
(6)
Any vehicle that is subject to the Highway Carriers Uniform Business
License Tax; provided, however, this exemption shall only apply to
the transportation business.
(7)
Any business excluded from operation of business tax laws by the
laws of the State of California, including childcare centers with
six or fewer children.
(e)
Sworn
Statements. The City may require the filing of a sworn statement from
any person claiming to be excluded by the provisions of the section,
which statement shall set forth all the facts upon which the exclusion
is claimed.
(Ord. 426 § 2, 2003)
Any business carrying on business at a fixed place of business
in the City shall keep the tax or license certificate posted in a
conspicuous place in the premises where such business is carried on.
(Ord. 426 § 2, 2003)
Statements not conclusive but confidential. No statement shall
be conclusive as to the matters set forth in any application filed
under the provisions of this chapter and neither the filing thereof,
the assessment or payment of any tax, nor the issuance of any license
certificate shall preclude the City from collecting by appropriate
action such sum as is actually due and payable. Such statement, and
each of the several items therein contained, shall be subject to audit
and verification by the Finance Director, or duly authorized deputies,
who are hereby authorized to examine, audit and inspect such books
and records of any license certificate holder or applicant for a license
certificate as may be necessary in the judgment of the Finance Director
to verify or ascertain the amount of business tax due.
It is not City policy for the Collector or any person having
an administrative duty under the provisions of this chapter to make
known in any manner whatever the business affairs, operations, or
information obtained by an investigation of records and equipment
of any person required to have a license certificate, or pay a business
tax, or any other person visited or examined in the discharge of official
duty, or the amount or source of income, profits, losses, expenditures,
or any particular thereof, set forth in any statement or application,
or copy of either, or any book containing any abstract particulars
thereof to be seen or examined by any person. Provided that nothing
in this section shall be construed to prevent:
(a)
The
disclosure to, or the examination of records and equipment by, another
City official, employee, or agent for collection of taxes for the
sole purpose of administering or enforcing any provisions of this
chapter, or collecting taxes imposed hereunder;
(b)
The
disclosure of information to, or the examination of records by Federal
or State officials, or the tax officials of another city or county,
or city and county, if a reciprocal arrangement exists, or to a grand
jury or court of law, upon subpoena;
(c)
The
disclosure of information and results of examination of records of
particular taxpayers, or relating to particular payers, to a court
of law in a proceeding brought to determine the existence or amount
of any business tax liability of the particular taxpayers to the City;
(d)
The
disclosure after the filing of a written request to that effect, to
the taxpayer him or herself, or to his or her successors, receivers,
trustees, executors, administrators, assignees and guarantors, if
directly interested, of information as to the items included to the
measure of any paid tax, any unpaid tax or amounts of tax required
to be collected, interest and penalties; further provided, however,
that the City Attorney approves each such disclosure and that the
Collector may refuse to make any disclosure referred to in this paragraph
when in his or her opinion the public interest would suffer thereby;
(e)
The
disclosure of the names and addresses of persons to whom business
tax receipts have been issued, and the general type or nature of their
business;
(f)
The
disclosure by way of public meeting or otherwise of such information
as may be necessary to the City Council in order to permit it to be
fully advised as the facts when a taxpayer files a claim for refund
of business taxes, or submits an offer of compromise with regard to
a claim asserted against him or her by the City for business taxes,
or when acting upon any other matter;
(g)
The
disclosure of general statistics regarding taxes collected or business
done in the City;
(h)
The
disclosure of public records required by Government Code Section 6254
et seq.
(Ord. 426 § 2, 2003)
If any person fails to file any required statement within the
time prescribed, or if, after demand therefor made by the Collector,
such person fails to file a corrected statement, or if any person
subject to the tax imposed by this chapter fails to submit the information
required by the Collector necessary to determine the business tax
due and payable, or if the Collector is not satisfied with the information
supplied and the statement filed, the Collector may determine the
amount of the business tax due from such person by means of such information
as he or she may be able to obtain.
If such a determination is made, the Collector shall give a
notice of the amount so assessed by serving such notice personally
or by depositing it in the United States Post Office at Atascadero,
California, postage prepaid, addressed to the person so assessed at
his or her last known address.
Assessments so established shall be paid within 15 days after the mailing of such notice, subject to the provisions of Section 3-5.180 of this chapter.
(Ord. 426 § 2, 2003)
(a)
License Required. It shall be unlawful for any person for him or
herself, or for any other person, to engage in or carry on, maintain
or conduct, or cause to be engaged in, carried on, maintained, or
conducted, any cardroom in the City without first having secured a
license from the City to do so according to each and every requirement
of this section or without complying with each and every regulation
set forth in this section pertaining to such cardroom. Each licensee
and operator of a cardroom shall employ only those persons who have
obtained a work permit as defined and set forth herein.
(b)
"Act"
"Applicant"
"Billiard parlor,"
"Card games"
"Card table"
"Cardroom"
"Chief of Police"
"Director of Administrative Services"
"Employee"
"License"
"Licensee"
"Person"
"Work permit"
Definitions.
shall mean the Gambling Control Act as codified in Division
8, Chapter 5 of the California Business and Professions Code (commencing
with Section 19800).
means every person who applies for a license to operate a
cardroom and every individual who requests a permit as provided for
by this chapter.
for the purpose of this chapter, a "billiard parlor" or "pool
room" includes a fixed place of business of any kind where billiards,
pool, snooker or eight-ball or other similar games tables are maintained
on the premises, whether or not coin-operated.
as used in this chapter means all forms of card games authorized
by the State of California.
as used in this chapter means a card table within a business
premises where there is carried on any card game for compensation,
which game is not unlawful under the provisions of California Penal
Code Section 330, or any other provision of law.
as used in this chapter means any building or structure,
or any portion of a building or structure, or any premises or place
where any person or persons are allowed to play a card game as defined
in this section.
means the Chief of Police and designee.
shall be the Director and designee.
means every individual, employed either as an agent, employee,
or otherwise, of the licensee, as defined in this section, or under
the direction and control of the licensee of any cardroom, with or
without compensation. Anyone who is required to routinely enter into
the card playing area during the course of his or her duties is considered
an employee. The term "employee" does not include a bartender, culinary
worker or other person not directly connected with the cardroom operation.
as used in this chapter means a grant from the City Council
authorizing a person as defined in this section to operate a cardroom
within the City of Atascadero.
means the person, as defined in this chapter, to whom a cardroom
license has been issued pursuant to this chapter.
means and includes any individual, partnership, corporation
or combination, business entity or combination thereof.
means a grant of permission from the Director of Administrative
Services to an individual allowed by this chapter to work as an employee
in a cardroom within the City of Atascadero.
(c)
License—Application—Bond. To apply for a cardroom license,
a person shall take the following steps:
(1)
Every applicant for a license shall first obtain a State gambling license as required by the Gambling Control Act and the implementing regulations (California Code of Regulations, Title 11, Division 3, Chapter 1, Article 1, Section 2000 et seq.). Every applicant shall fully comply with the Act and the implementing regulations including, but not limited to, Section 2050 of Title 11 of the California Code of Regulations that requires an owner or a key employee, as defined by the Act, to be on the premises, at all times that the establishment is open to the public unless the Division of Gambling Control authorizes availability by telephone. Key employees must obtain a key employee license as required by the Act;
(2)
File with the City Clerk a written application, signed by the
applicant, setting forth the nature of the business that he or she
wishes to engage in and the place where he or she proposes to establish
such business, including the particular building, and room or rooms;
(3)
The true and correct name and address of each applicant of the
building or structure within which the cardroom is proposed to be
maintained shall be included with the license application. Written
consent from the owner of the building or structure is required on
the application;
(4)
Submit a surety in a form approved by to the Director of Administrative
Services in the amount of $500 payable to the City. The following
condition shall be added to a cardroom license regarding the surety,
when approved by the City:
(i)
Neither the applicant nor anyone in his or her employ in such
business will violate any ordinance of this City or any law of this
State, or of the United States of America, or any political subdivision
or agency thereof, during the time for which such license is granted.
That upon a violation of the condition of such surety, the same shall
be and become due and payable to such City and the penalty thereof
may be recovered in a civil action. The conviction of, or plea of
guilty by, the person to whom such license is issued, or anyone in
his or her employ in such business for the violation of any such ordinance
or law, shall ipso facto work a forfeiture of such surety, and any
such conviction or plea of guilty shall be conclusive evidence of
such forfeiture, and in the event of such conviction or plea of guilty
the license shall be canceled;
(5)
That the applicant verify with the Director of Community Development,
that the subject property zoning permits the proposed cardroom use;
(6)
A statement that the applicant understands and agrees that the
application shall be considered by the Director of Administrative
Services after evidence has been presented to the City that provides
clear indication of a clean criminal record.
(d)
Standards for Issuance. The Administrative Services Director shall
consider and determine whether to issue a license to operate a cardroom
subject to the following conditions:
(1)
No more than a total of six card tables shall be licensed to
operate within the City under the provisions of this chapter.
(2)
No one permittee shall be authorized to operate more than a
total of six card tables within the City.
(3)
No more than six card tables shall be operated and maintained
within any single business premises within the City.
(4)
No card table license shall be issued unless the location for
the cardroom(s) is in compliance with all applicable zoning and building
regulations of the City. The Community Development Department shall
review all applications to verify compliance with the Zoning Code.
The Community Development Director shall consider the effect of the
operation of a cardroom on other sensitive uses located in the vicinity
of the cardroom, including but not limited to schools, public parks
or recreational areas, public buildings with programs for minors,
and religious institutions.
(5)
No cardroom license shall be transferable to another location
or permittee without the approval of the Administrative Services Director.
Playing of all games shall be confined to those designated areas of
the cardroom premises as may be set forth in the cardroom license.
No playing of any games shall be permitted at any other location within
or upon the cardroom premises.
(6)
No cardroom license shall be issued to any person who has been
convicted of any felony, nor to any association, partnership or corporation
of which any owner thereof has been convicted of a felony.
(7)
In addition to any other restrictions provided by law, no card
table license shall be issued to anyone who is disqualified from holding
a State gambling license for any of the reasons specified in California
Business and Professions Code Section 19859.
(8)
Applicant shall provide to the City copies of all written reports
filed with the Division of Gambling Control pursuant to the Act or
Title 11 of the California Code of Regulations.
(e)
Revocation of Licenses. The City Council shall have the right to
revoke any cardroom license when the possessor thereof has violated,
or permitted the violation of, any of the terms of this chapter. The
City Council may also revoke any cardroom license when the business
being operated is not being conducted in accordance with the public
health, safety or welfare or when, in the discretion of the City Council,
it is found that the continued operation of such business will create
or is creating a policy problem for the City. Prior to revoking any
cardroom license, the City Council shall cause to be served on the
applicant a notice of its intention to do so at least five days prior
to the date upon which it intends to consider the matter of such revocation,
and also stating the right of the licensee to appear before the City
Council and to show cause why such license should not be revoked.
The decision of the City Council with respect to such revocation shall
be final.
(f)
Attendance by Minors. No person under the age of 21 shall be employed
in or allowed to frequent, remain in or visit any room or premises
wherein is conducted or operated any card table licensed under the
provisions of this chapter.
(g)
Patron Security and Safety In and Around a Cardroom Establishment.
(1)
Each applicant for a cardroom license, at the time of application,
and annually thereafter, at the time of cardroom license renewal,
shall present a plan for security and safety of patrons of the cardroom
in and around the cardroom establishment. The plan shall set forth
such provisions as are necessary to ensure the safety and security
of patrons, including measures taken or instituted to avoid follow-home
robberies. The holder of a cardroom license shall be liable for the
safety and security of patrons to the fullest extent under the law.
Any effort on the part of a cardroom licensee to limit such liability
shall be clearly posted in such a manner as to give adequate notice
to patrons. The plan shall include a detailed summary of all known
incidents involving or affecting patron security and safety in and
around the cardroom establishment for the preceding year.
(2)
The Chief of Police or designee may require, in his or her discretion,
all cardroom licensees to implement reasonable security measures to
insure the safety of patrons including, but not limited to, hiring
private uniformed security guards. If security guards are required,
the Chief of Police shall determine the number and hours of coverage.
(3)
During all hours of operation, doors at the cardroom establishment
shall be unlocked and accessible to the general public and open to
police inspection. Cardrooms shall be located and so arranged that
card tables and the players at the tables are plainly visible from
the door opening of the cardroom when the door is opened. No wall,
partition, screen, or similar structure between the front door opening
and any card table located in the cardroom shall be permitted if it
interferes with such visibility.
(h)
Transfer and Assignment. Any transfer or assignment of any license
shall be considered for all purposes in the same manner as a new application
for a cardroom license in the City, and all the provisions of this
chapter applicable to new and original applications shall apply.
(i)
Annual Fee. Licenses shall be issued on an annual basis. The annual
license fee, payable each fiscal year beginning July 1, 2006, shall
be established by resolution of the City Council. The fees shall be
payable to the City after the Council has approved the issuance of
the license but prior to the issuance of the license. The operator
of a cardroom shall pay the license fee set forth in this section
regardless of the license fees he or she might pay for other businesses.
If the same person operates two or more cardrooms, he or she shall
pay on each cardroom the license fee set forth in this section and
shall have a separate license for each cardroom.
(j)
Police Access to Premises. The City Council finds that it is necessary
and in the public interest that law enforcement officers have access
to any premises in which a card table is being operated under the
terms of this chapter. Any premises for which a license has been issued
under the provision of this chapter shall be deemed to constitute
a public place, and all police officers and peace officers shall at
all times have access thereto during business hours.
(k)
Hours of Operation. Unless the hours of operation for a cardroom
are restricted in the cardroom permit, a cardroom may operate 24 hours
per day. Each permittee shall clearly post the hours of operation
of the cardroom so as to provide law enforcement and cardroom patrons
adequate notice of the hours of operation. If alcohol is served on
the premises (with the proper licenses from the Department of Alcohol
Beverage Control), all alcoholic beverages shall cease being served
between the hours of 2:00 a.m. and 6:00 a.m. each day.
(l)
Bets or Wagers. There is no limit on the amount of a single bet or
wager unless the cardroom posts notice of a limit. Cardrooms shall
establish wagering limits in accordance with such limitations as may
be set from time to time by the State of California and the City of
Atascadero. The City of Atascadero may set wagering limits by resolution
adopted by the City Council. Wagering limits, or a notice of no limit,
shall be clearly posted to give patrons adequate notice of the rules
related to wagering.
(2)
Wagering at any table shall be limited to table stakes. No side
bets shall be permitted. Table limits shall be posted in a location
observable from the table. The cardroom shall set individual table
stake limits, not to exceed the wagering limit. Table limits may be
changed with not less than 30 minutes notice to the patrons.
(m)
Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor, and any person found guilty thereof shall, upon conviction or plea of guilty, be punished by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in the jail of the City, or in the jail of the County of San Luis Obispo, for not more than three months, or by both such fine and imprisonment, and when a fine is imposed the judgment may direct that the defendant be imprisoned in the county jail until such fine is satisfied at the rate established by the county.
(n)
Severability. If any section, subsection, sentence, clause, phrase
or portion of this section is for any reason deemed or held to be
invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this section. The City Council of the City of Atascadero
hereby declares that it would have adopted this section and each subsection,
sentence, clause, phrase or portion thereof, irrespective of the fact
any one or more subsections, sentences, clauses, phrases or other
portions might subsequently be declared invalid or unconstitutional.
(Ord. 258 § 1 (Exh. A ), 1992; Ord. 369, 1999; Ord. 503 § 2, 2006; Ord. 540 § 2, 2009; Ord. 583 §
2, 2014; Ord. 670, 3/12/2024)
The amount of any business tax imposed by this chapter shall
be deemed a debt to the City, and any person carrying on any trade,
calling, profession, or occupation mentioned in this chapter without
having a license certificate from the City shall be liable to an action
in the name of the City in any court of competent jurisdiction for
the amount of the business tax by this chapter imposed on such trade,
calling, profession, or occupation.
(Ord. 426 § 2, 2003)
The conviction and punishment of any person for transacting
any trade, calling, profession, or occupation without a license shall
not excuse or exempt such person from the payment of any business
tax due or unpaid at the time of such conviction, and nothing in this
chapter shall prevent a criminal prosecution for any violation of
the provisions of this chapter.
(Ord. 426 § 2, 2003)
All business taxes shall be paid in advance in lawful money
of the United States at the City offices.
(Ord. 426 § 2, 2003)
A separate license certificate shall be obtained for each branch
establishment or location. Warehouses and distributing establishments
used in connection with and incidental to a business taxed under the
provisions of this chapter shall not be deemed to be separate places
of business or branch establishments.
(Ord. 426 § 2, 2003)
No license certificate shall be issued for a period of more
than 12 months and all license certificates shall expire on December
31 of each calendar year.
(Ord. 426 § 2, 2003)
(a)
All
business taxes as required by this title are due and payable upon
the first day of business and upon the first day of business after
expiration of a previous license or tax certificate. Any licensee
is permitted a thirty-day grace period thereafter to submit said payment.
Subsequent to the grace period, a penalty of 50% of the business tax
shall be added for renewal. If the entire business tax, with the addition
of penalties, is not submitted within 60 days after the expiration
of the grace period, a penalty of 100% of the business tax shall be
added for renewal or added to the initial payment for new businesses.
If the business operator continues to engage in business without payment,
he/she shall be guilty of a misdemeanor.
(Ord. 426 § 2, 2003)
Prior to the commencement of a newly-established business subject
to the requirements of this chapter for which business no business
tax has been previously paid, an agent of such business duly authorized
to represent the business shall submit a sworn statement to the Collector,
on a form prescribed by the Collector, setting forth the following
information:
(a)
The
exact nature or kind of business carried on;
(b)
The
place where such business is to be carried on and, if the business
is not to be carried on at any permanent place of business, the places
of residence of the owners of the business;
(c)
In
the event the business is carried on by a person doing business under
a fictitious name, the application shall set forth the names and places
of residence of those owning such business;
(d)
In
the event the business is carried on by a corporation or a partnership,
the application shall set forth the names and places of residence
of the officers or partners thereof;
(e)
The
applicant's social security number or tax identification number, drivers
license number, phone number, residence or principle place of business,
licensed contractor number if appropriate; and
(f)
Any
further information that the Collector may require to determine the
business tax to be paid.
(Ord. 426 § 2, 2003)
For each business continuing to transact and carry on such business
beyond the initial business tax period, a sworn statement on a form
prescribed by the Collector shall be submitted by a duly authorized
agent of such business, prior to the date the business tax which is
due and payable for such business shall be come delinquent, setting
forth such information concerning the applicant's business during
the current business tax period as may be required by the Collector
to ascertain the amount of business tax to be paid for the next business
tax period pursuant to the provisions of this chapter.
(Ord. 426 § 2, 2003)
In addition to the other powers conferred upon him or her, the
Collector shall have the power, for good cause shown, to extend the
time for filing any required sworn statement for a period not exceeding
60 days and in such case to waive any penalty that would have otherwise
accrued, except that 12% simple interest shall be added to any tax
determined to be payable.
(Ord. 426 § 2, 2003)
No refund of an overpayment of a business tax imposed by this
chapter shall be allowed in whole or in part unless a claim for a
refund is filed with the Collector within a period of three years
after the last day of the calendar month following the period for
which the overpayment was made, and all such claims for refunds shall
be filed with the Collector on forms the Collector furnishes in the
manner prescribed by the Collector. Upon the filing of such a claim
and when the Collector determines that an overpayment has been made,
the Collector may refund the amount overpaid.
(Ord. 426 § 2, 2003)
The determination of which business or class of business a license
certificate holder or applicant for a license certificate is engaged
in, or about to engage in, shall be an administrative function of
the City.
(Ord. 426 § 2, 2003)
In any case where a license certificate holder or applicant
for a license certificate believes that such holder or applicant is
placed in the wrong business or class of business, the applicant or
holder may apply within 30 days to the City for a change in the business
classification. Such application may be made before, at, or within
three months after the payment of the prescribed business tax. The
applicant, by affidavit and supporting testimony, shall show such
information, as the City may deem necessary in order to determine
the proper classification. The City may conduct its own investigation
and shall have the administrative duty of determining the proper classification.
(Ord. 426 § 2, 2003)
Any applicant or license certificate holder aggrieved by the decision of the City shall have the right of appeal to an impartial hearing officer who shall be a person designated by the City Manager to conduct an administrative hearing. The designated hearing officer shall be an impartial person, such as (1) a City employee from a department that has no involvement in the City Finance Department, or (2) someone selected randomly from a panel of law students and/or local attorneys willing to volunteer as a hearing officer. Such appeal shall be taken by filing with the City Clerk, within 15 days after the notice of the decision of the City, a written statement setting forth the grounds for the appeal. The City Clerk shall set a time and place for a hearing on such appeal within 30 days after the receipt of the appeal. Notwithstanding Title 1 Chapter 2 section 13 of this Code, the decisions and order of the hearing officer shall be final and conclusive.
(Ord. 426 § 2, 2003)
The City Manager may promulgate such rules and regulations,
not inconsistent with the provisions of this chapter, as may be necessary
or desirable to aid in the enforcement of the provisions of this chapter.
(Ord. 426 § 2, 2003)
The Collector may refer to any governmental agency any statement
and all other information submitted by persons subject to the provisions
of this chapter in connection with the conduct of a business regulated
or supervised or otherwise the concern of any such agency, including
agencies concerned with health regulations, zoning conformance, fire
safety, police considerations, or any other safeguard of the public
interest.
The Collector may advise any person filing a statement in connection
with the payment of a business tax for a new or other business not
actually in operation that such person may desire to defer the payment
of the business tax until the person has obtained whatever approval
may be required in order to transact and carry on the business until
such business is actually in operation. The Collector may also advise
any such person that a business tax certificate does not relieve the
applicant of any building code requirements (including any requirement
for a certificate of occupancy) nor provide a waiver of any requirements
contained in Title 9 of the Atascadero Municipal Code. If any person
does, however, pay the business tax in advance of the commencement
of the operation of the business, but does not actually operate the
business because some City or other governmental agency did not grant
an approval which is required by regulation or law in order for such
business to be transacted and carried on, then the business tax shall
be refunded in full to the person having paid such tax minus the application
fee as set by resolution of the City Council and revised from time
to time.
Certain statements shall be referred to the Atascadero Fire
Department for review prior to the granting of a business tax certificate,
namely, occupancies that involve Assembly, Institutional, Educational,
or Hazardous as those terms are defined in the California Building
and Fire Codes, as will occupancies that involve hazardous materials,
kitchen hood systems and facilities with automatic fire sprinklers.
(Ord. 426 § 2, 2003)
(a)
The
Collector shall enforce each and all of the provisions of this chapter,
and the various City departments shall render such assistance in the
enforcement hereof as may from time to time be required by the Collector,
City Manager, or Council. This section shall not be construed to create
a mandatory duty on the part of the City or any of its officers or
elected officials.
(b)
The
Collector, in the exercise of the duties imposed upon the Collector
hereunder and acting through duly authorized City employees, shall
examine, or cause to be examined, all places of business in the City
to ascertain whether the provisions of this chapter have been complied
with.
(c)
The
Collector, and each of his or her assistants and any police officer
or duly authorized inspector, shall have the power and authority to
enter free of charge at any reasonable time any place of business,
or to question any person, which business or person is, or there is
reasonable cause to believe such business or person may be, subject
to the provision of this chapter, and demand an exhibition of proof
of business tax payment.
(d)
The
police officer may (but shall not be required to) thereafter exercise
the powers of arrest as specified in Section 836.5 of the California
Penal Code on any person who has committed a misdemeanor or infraction
in their presence which is a violation of the provisions of this chapter.
(Ord. 426 § 2, 2003)
All remedies prescribed in 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 provisions
of this chapter.
(Ord. 426 § 2, 2003)
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall affect the validity of the remaining portions of this chapter.
The Council hereby declares that it would have adopted this chapter,
and each section, subsection, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections,
clauses, phrases, or portions be declared invalid or unconstitutional.
(Ord. 426 § 2, 2003)
Any person violating any of the provisions of this chapter or
knowingly or intentionally misrepresenting to any officer or employee
of the City any material fact in procuring, or attempting to procure,
the License certificate provided for in this chapter shall be deemed
guilty of an infraction unless the city attorney deems that it should
be charged as a misdemeanor.
(Ord. 426 § 2, 2003)
The taxes due and any related fees or charges for all activities
referred to or named in this title shall be as established by Resolution
of the City Council of Atascadero. The Resolution may be changed from
time to time by resolution of the City Council.
(Ord. 426 § 2, 2003)
The purpose of this article is to reduce false alarms, and to
regulate burglary, robbery, fire and fire protection and medical attention
alarm systems, and alarm businesses, agents and users.
(Ord. 260 § 1, 1992)
For the purposes of this article, words and phrases used in
this article are defined as follows:
means a person employed by an alarm business, either directly
or indirectly, whose duties include selling, leasing, altering, installing,
maintaining, moving, repairing, replacing, servicing, responding to
or monitoring an alarm system, or a person who manages or supervises
a person employed by an alarm business to perform any of the duties
described herein.
means any business held by an individual, partnership, corporation
or other entity for the purpose of selling, leasing, altering, installing,
maintaining, moving, repairing, replacing, servicing, responding to
or monitoring any alarm system in a building, structure or facility.
means any mechanical or electronic device or series of devices
which transmits a signal or message, either directly or indirectly,
to the Emergency Dispatch Center; or which emits an audible or visual
signal at the alarm location, and which is designed to:
Detect unauthorized entry into any building, structure or facility;
or
Signal the occurrence of an unlawful act upon the premises;
or
Detect a fire, or detect activation, equipment problems, or
the malfunction of a fire protection system; or
Detect a hazardous material leak or system malfunction; or
Signal the need for medical attention.
|
For purposes of this article, devices operated by the City of
Atascadero or devices which are not designed or used to register alarms
that are audible, visible or perceptible outside of the protected
premises are not included within the meaning of alarm system.
|
means the person, firm, partnership, association, corporation
or organization of any kind that owns, leases, rents, uses or makes
available for use by its agents, employees, representatives or family,
any alarm system.
means the Chief of Police of the City of Atascadero, or designated
representative.
means the City of Atascadero.
means calendar day.
means the Chief of Police, the Fire Chief, or their designated
representatives.
means an alarm system which is connected to a telephone line
and, upon activation of an alarm system, automatically transmits a
message or signal to the Emergency Dispatch Center, indicating a need
for emergency response.
means the communications and dispatch center located at the
Police Department facility.
means an activation of an alarm system through mechanical
failure, malfunction, improper installation or maintenance, or negligence
of the alarm user when an emergency situation does not exist. A determination
as to whether an alarm signal was a false alarm or an actual alarm
shall be made by the appropriate department head. "False alarms" shall
not include those alarms activated by extraordinary meteorological,
atmospherical or other conditions or means, as determined by the department
head.
means the Finance Department of the City of Atascadero.
means the Chief of the Fire Department of the City of Atascadero,
or designated representative.
means written notice, given by personal service upon the
addressee, or, given by United States mail, postage prepaid, addressed
to the person to be notified at his or her last known address. Service
of such notice shall be effective upon the completion of personal
service, or upon the placing of the same in the custody of the Unites
States Postal Service.
means a center maintained by an alarm business which receives
emergency signals from alarm systems, and thereafter immediately relays
the message by live voice to the Emergency Dispatch Center.
means the City department having the responsibility of providing
emergency services upon receipt of an alarm signal at the Emergency
Dispatch Center. For incidents relating to fires or water flow in
fire sprinkler systems, or other extinguishing agents in fire protection
systems, as well as medical attention, the Fire Department is the
responsible department. For incidents related to burglary, robbery,
unauthorized entry, etc., the responsible department is the Police
Department.
(Ord. 260 § 1, 1992)
(a)
In
General.
(1)
The Council, upon recommendation of the Chief of Police or Fire Chief,
may prescribe minimum standards and regulations for the construction
and maintenance of all alarm systems installed in the City. All equipment
shall meet or exceed these standards and regulations.
(2)
No alarm shall be installed unless the alarm user has either a service
agreement with a City-licensed alarm business qualified under this
article; or has available a designated person who will respond to
the site of an activated alarm with the ability to deactivate the
alarm.
(b)
Audible
Alarm Systems. No audible alarm system shall be installed or used
unless it shall have an automatic reset capability, which shall silence
the alarm within 15 minutes of activation.
(Ord. 260 § 1, 1992)
(a)
Alarm
businesses operating with the City shall comply with all State licensing
requirements and operate in accordance with the standards set forth
in the State Alarm Company Act as to conduct of business and qualification
of employees, including alarm agents.
(b)
No
person or company which installs, or otherwise provides an alarm system,
shall install such device or system without the ability to provide
24 hour service for that system. "Service" for the purposes of this
section includes the ability to promptly repair a malfunctioning alarm
system, and, in any event, a service response to the alarm location
shall be accomplished within 30 minutes of a request for service.
"Service" also includes the ability to provide periodic maintenance
necessary to assure normal functioning of the system. This section
shall not apply to persons or businesses who merely sell from fixed
locations, or who manufacture alarm systems, unless such persons or
firms also install, monitor or service such systems.
(c)
Any
alarm business operating a private alarm dispatch center shall, within
one minute of receiving notice that an alarm has been activated, notify
the Emergency Dispatch Center of the activation. Notification shall
normally be made via a designated one-way telephone line which is
dedicated solely to the reporting of such notification.
(d)
Each
alarm business that monitors fire alarm systems, must comply with
all sections of National Fire Protection Association Bulletin Number
71-1988 and as amended.
(e)
It
shall be the duty of the alarm business to cooperate fully at all
times with the City and its employees. Every alarm business shall,
upon request during normal hours of business, make any and all records
and information in its possession relating to alarm systems operating
within the City, available to personnel authorized by the Chief of
Police or the Fire Chief. Each alarm business must possess a valid
Atascadero City business license.
(Ord. 260 § 1, 1992)
(a)
Alarm
Permit.
(1)
All existing and prospective users of alarm systems shall obtain
an alarm user permit approved by the responsible Department Head within
60 days following the effective date of the ordinance codified in
this article, or prior to the installation and use of an alarm system,
as the case may be. A separate permit shall be required for each separate
alarmed building or facility, and for each separate alarm system.
Each application shall include the telephone number and signature
of the individual accepting responsibility for the proper functioning
and maintenance of the alarm system covered by the permit. A copy
of the permit shall be posted upon the premises where the alarm system
is installed. Each permit will bear the signatures of the issuing
official and the department head of the responsible department.
(b)
Alarm
User/Representative Response. The alarm user shall, at all times,
insure that the Emergency Dispatch Center is in possession of a minimum
of three names, telephone numbers, and home addresses of persons with
24 hour access to the alarm location and the alarm system, who are
authorized to and will respond to the location where an alarm has
been activated. The response shall be within a reasonable time and,
in any event, within 30 minutes of being requested to do so. At any
time that one of these persons no longer possesses such access to
the alarm location, the alarm user shall immediately notify the Emergency
Dispatch Center and, in any event, this notification shall be made
within 48 hours of the time at which the person no longer possesses
access to the location.
(c)
False
Alarms.
(1)
It shall be the duty of the alarm user to properly use the alarm
system and maintain it mechanically and technically to insure safe
and responsible operation and minimize the number of false alarms.
If the Chief of Police or Fire Chief determines that the system lacks
in quality, components, servicing, or is improperly used by the alarm
user, he/she may require that modifications be made to the system
to make it comply with this article.
(2)
False alarms shall be considered excessive when they exceed three
activations in any 12 month period.
(3)
As provided by resolution of the City Council, a fee shall be paid
to the City by each alarm user for excessive false alarms. The Police
Chief or Fire Chief shall notify the Finance Department regarding
unpaid fees accrued during any monthly billing period and any prior
periods. Such bill shall be due and payable within 30 days after the
billing date.
(4)
A penalty of 15% shall be added to the fees required by this section
in connection with any fees not paid in the time and manner set forth
herein.
(5)
The amount of any fee and late penalty assessed pursuant to this
article shall be deemed a debt to the City, and an action may be commenced
in the name of the City in any court of competent jurisdiction in
the amount of the delinquent debt. Payment of any user fees and late
charges shall not prohibit criminal prosecution for the violation
of any provisions of this article.
(Ord. 260 § 1, 1992)
(a)
Revocation
of Permit. In addition to other remedies provided, the department
head of the responsible department may revoke an alarm user's permit
for a violation of this article.
(b)
Civil
Penalties. For violations of this article, the department head of
the responsible department may assess a civil penalty of up to $500
for each violation.
(c)
Criminal
Penalties. A violation of this article is punishable as a misdemeanor.
(d)
Appeals.
The decision of a department head to revoke an alarm user's permit;
or to assess a civil penalty may be appealed to the City Council.
All appeals must be filed within 30 days of receipt of notice of the
department head's action.
(Ord. 260 § 1, 1992)
