A. The amount of license taxes to be paid to the City by any person engaged in or carrying on any profession, trade, calling, occupation or business is hereby fixed and established as hereinafter in this chapter through Chapter
5.20 provided. Such license tax shall be paid by every person engaged in carrying on or maintaining any such profession, trade, occupation, calling or business in the City.
B. For
every person engaged in carrying on or maintaining any profession,
trade, occupation, calling or business, the license tax shall be as
set forth in the following sections.
(Prior code § 6-029)
Any person engaged in or carrying on any profession, trade,
calling, occupation or business hereinafter designated shall pay an
annual registration tax of 24 dollars. All license taxes provided
for herein for the privilege of engaging or carrying on any profession,
trade, calling, occupation or business are imposed in addition to
the annual registration tax. The annual registration tax shall be
non-refundable but shall be prorated for that portion of a license
period to which the tax applies. The annual registration tax is due
and payable at the same time as the license taxes.
Notwithstanding other provisions of this chapter through Chapter
5.20, an annual registration tax shall not be charged for branch establishments of licensed businesses as set forth in Section
5.04.100, provided the business transacted by said branch is classified hereunder in the same category as the primary or principal licensed business.
(Prior code § 6-029.1)
The following businesses shall pay an annual license tax of
nine-tenths of one mill for each dollar of gross receipts derived
therefrom:
1. Retail
Sales and Miscellaneous. Every person conducting or carrying on the
business consisting of selling at retail any goods, wares and merchandise
or commodities, or conducting, maintaining or carrying on any trade,
occupation, calling or business at a fixed place of business within
the City not otherwise specifically licensed by other chapters of
this title.
2. Transporting
Persons. Every person conducting or carrying on the business of transporting
persons for hire, picking up and/or discharging passengers within
the City.
3. Distribution
of Stamps, Coupons, Etc. Every person who distributes any stamps,
coupons, tickets, cards or other devices to be issued to purchasers
of goods, wares, merchandise, services or any other thing of value,
which stamps, coupons, tickets, cards or other devices shall entitle
such purchaser to procure from the person issuing the stamps, coupons,
tickets, cards or other devices, or from any other person, any goods,
wares, merchandise, services, money or any other thing of value, free
of charge upon the presentation of one or a number of said stamps,
coupons, tickets, cards or other devices.
4. Amusements—Games,
Devices, Etc.
a. Bowling,
skee ball or bat ball alley, shuffleboard, pinball machine or any
other similar device, equipment or means of entertainment requiring
the deposit of a coin, slug, or other device.
b. Sundry
games or devices including shuffleboard, skee ball or other games
of like character not operated by the insertion of a coin or slug.
c. Pool
hall or billiard parlor.
d. Ice
or roller skating rink; this shall not apply to any exhibition given
in any restaurant, café, hotel or theater when the public is
not permitted to participate in such exhibition.
e. Juke
boxes, devices for playing of records, or music automatically upon
the deposit of a coin, slug, or other device, or any other mechanical
musical device or machine of like character not licensed hereunder.
h. Public
swimming pool or plunge.
5. Golf
Courses, Concerts, Lectures, Riding Academies, Etc.
a. Golf
course, miniature golf course, bicycle course, golf practice driving
course, or archery range.
b. Concerts,
lectures, motion pictures, indoor tennis matches, theatrical performances,
vaudeville performances, or any similar type of entertainment not
otherwise specifically licensed hereunder, where an admission fee
is charged.
c. Riding
academy where instructions in horseback riding are given, or horses
or other animals are maintained for hire, or a feed or livery stable.
6. Advertising—Outdoor,
Etc. Erecting, installing, maintaining or operating outdoor advertising,
advertising structures, billboards, signboards or similar devices.
8. Automobile
Parking Lot.
a. It
is further provided that before any license shall be issued the applicant
therefor shall file with the Traffic Engineer plats and plans of the
grounds or parcel of land to be used as an automobile parking lot
indicating thereon the boundaries, adjoining houses, or structures
of any nature whatever, also the number of square feet used and the
arrangement for parking automobiles. A schedule of prices to be charged
for parking and the hours of parking shall be shown on such application.
Before a license can be issued said application must be approved in
writing by the City Manager and the Chief of the Fire Department.
Said application may be rejected by the City Manager if the location
or the proposed arrangement of automobiles to be parked on the parking
lot is in the opinion of the Chief of the Fire Department a fire hazard,
or otherwise incompatible with the public safety, or if the prospective
operator has previously had his or her license to operate a parking
lot in the City revoked.
b. Every
person conducting, managing or carrying on said business of storage
or parking automobiles shall post signs in conspicuous places at or
near the point of entrance indicating thereon in figures not less
than 10 inches in height the exact amount to be charged, and the hours
during which attendants will remain to watch parked cars.
c. It
is unlawful for any person to park or cause to be parked any automobile
where any part of such machine extends over any sidewalk or walkway.
It is further provided that a barrier or guard rail be placed on the
parking lot preventing automobiles from rolling back or going over
any portion of the sidewalk other than a driveway built expressly
to carry weight of automobiles.
d. It
is unlawful for any person operating a parking lot or space to solicit
patronage by standing on the streets or sidewalks and asking or requesting
or ballyhooing members of the public to use such parking space or
to make any other unnecessary noise or disturbance whatever.
e. Plank
entrances or exits shall not be allowed except on such permission
from the Traffic Engineer.
f. Every
parking lot or space shall be equipped with fire extinguishing equipment
as provided in the Fire Prevention Code of the City.
g. On
every parking lot or space the dust must be laid by sprinkling water
or other dust-settling fluid on the ground or surface as often as
may be necessary to lay such dust.
h. Upon
five days' written notice and a hearing before the City Manager, the
City Manager may revoke the license of any operator of a parking lot
who violates any of the provisions of this section.
9. Automobile,
Truck, Trailer, Motor Scooter, Motorcycle, Etc., Rentals. Renting
automobiles, trucks, motor scooters, motorcycles or trailers for a
period of two weeks or less.
10. Automobile
Body Shop or Repair Shop.
11. Barber
Shop or Beauty Shop.
13. Business
Services. Stenographic, Typing and Business Services of Like or Similar
Character.
14. Cold
Storage or Refrigeration Plant.
20. Health
Studio, Physical Fitness Studio or Reducing Salon.
21. Hospital,
Sanitarium, Rest Home, Nursing Home or Asylum.
22. Hotels, Motels, Apartment Houses, Rooming Houses, Etc. Hotel, motel or roominghouse, boardinghouse, apartment house, lodginghouse, house court or bungalow court having three or more rental units, also, persons engaged in the business of renting or letting rooms, apartments, or other accommodations for dwelling, sleeping, housekeeping or lodging, where such persons have a total of three or more such units, Section
5.04.100 notwithstanding.
24. Lawn
Mower, Tool, Scissor Sharpening or Saw Filer.
31. Piano,
Musical Instrument or Singing Lessons.
33. Trade
School or College, Business School or College.
a. Where
instruction is given in any trade, profession, calling or occupation,
and a fee is charged for such instruction.
b. Where
any trade, profession, calling or occupation is carried on in connection
with any of the trade schools, trade colleges, business colleges or
schools licensed, hereunder, a separate license must be obtained for
the conduct of such trade, profession or occupation.
34. Trailer
(House) or Mobilehome Park.
(Prior code §§ 6-030—6-030.38)
The following businesses shall pay an annual license tax of
four-tenths of one mill for each dollar of gross receipts derived
therefrom:
A. Wholesaling
and Newspaper Publications. Every person conducting or carrying on
the business consisting of newspaper publication or selling, handling
and storing at wholesale any goods, wares and merchandise or commodities
at a fixed place of business within the City.
B. Deliveries
of Petroleum Products. Every person conducting or carrying on the
business of making deliveries of petroleum products either from within
the City limits and/or from outside the City limits to places within
the City limits.
(Prior code §§ 6-031—6-031.2)
The following businesses shall pay an annual license tax of
one-fourth mill for each dollar of gross receipts derived therefrom
or value of product manufactured:
A. Manufacturing,
Packing and Processing. Every person conducting or carrying on the
business consisting of manufacturing, packing or processing any goods,
wares or merchandise at a fixed place of business within the City.
For the purposes of this section, the tax shall be applicable to the
value of the manufactured or processed product, as reflected by the
licensee's method of accounting, using generally accepted principles
of accounting consistently applied, less the cost of purchased raw
materials or, in the alternative, less the value of the raw materials
or the value of the partially completed product at the time it enters
the manufacturing process within the City.
B. Public
Utility. Except any public utility which makes an annual payment to
the City under a franchise or similar agreement.
(Prior code §§ 6-032—6-032.2)
The following businesses shall pay an annual license tax of
two mills for each dollar of gross receipts derived therefrom:
Every person conducting, managing, carrying on or engaging in
any business, profession or occupation hereinafter enumerated.
Accountant
Abstract and title
Advertising agent
Appraiser Architect
Artist
Assayer
Attorney-at-law
Auditor
Bacteriologist
Book agent
Broker or commission agent
Chemist
Certified public accountant
Chiropodist
Chiropractor
Civil, electrical, mining, chemical, structural, consulting
or hydraulic engineer
Dentist
Designer, illustrator, or decorator
Detective agency and/or private patrol
Drugless practitioner
Electrologist
Employment agency
Engraver
Entomologist
Feed, grain and fruit broker
Geologist
Illustrator or show card writer
Interpreter
Lapidary
Mortician
Naturopath
Oculist
Optician
Optometrist
Osteopath
Physician
Physiotherapist
Podiatrist
Real estate broker
Reporters—court, convention and/or certified shorthand
Roentgenologist
Surgeon
Surveyor
Stock and bond broker
Taxidermist
Veterinarian
(Prior code §§ 6-033, 6-033.1)
Every person conducting or carrying on any business hereinafter described in Sections
5.08.080 through
5.08.310, the license tax shall be as set forth herein.
(Prior code § 6-034)
A. Every
person conducting or carrying on the business of house moving, grading,
paving, wrecking, sewer, pipeline, trenching, excavating contractor
or conducting or carrying on the business of general contractor constructing,
altering, repairing, wrecking or salvaging buildings, highways, roads,
railroads, excavations or other structures, projects or improvements
shall pay a license tax of $75.00 per year plus one-half of one mill
for each dollar of gross receipts or $25.00 per quarter plus one-half
of one mill for each dollar of gross receipts.
B. Every
person conducting or carrying on the business of electrical, plumbing,
painting, masonry, glazier, cement, floor, heating, plastering, roofing,
sash, sheet metal, tile, lathing and any other contractor or subcontractor
not specifically mentioned in this section, shall pay a license tax
of $45.00 per year plus one-half of one mill for each dollar of gross
receipts or $20.00 per quarter plus one-half of one mill for each
dollar of gross receipts.
C. This
section shall apply to any person who for himself or herself shall
engage in the business of erecting or constructing houses for the
purpose of leasing, renting, or selling the same, and who does not
employ a contractor who shall act as superintendent.
D. Any
contractor conducting or carrying on the business of selling goods,
wares, or merchandise as a retailer in addition to his or her contracting
business shall in addition to the contractor's license provided therein,
secure a license for each retail business as required under this chapter.
(Prior code § 6-034.1)
Every person not having a fixed place of business within the
City who makes wholesale or retail deliveries of goods or services
by motor vehicle within the City or who maintains, installs or repairs
goods, wares or merchandise or equipment inside the City, or who provides
a service not otherwise covered in this section, shall pay a license
tax as follows: retail and/or service, $50.00 annually per vehicle
or $30.00 semiannually per vehicle; wholesale, $40.00 annually per
vehicle or $25.00 semiannually per vehicle.
(Prior code § 6-034.2)
Public dance hall, night club, or any place where dancing is
permitted, $50.00 per quarter.
(Prior code § 6-034.3)
A. Each
licensee, licensed pursuant to the provisions of this title, shall
pay to the City a quarterly license fee equal to two and one-half
(2-1/2) percent of the gross revenue of the licensee received from
the poker club and/or card room operation. Said payment shall be made
to the City not later than 30 days after the end of each calendar
quarter during which such gross revenues on which it was computed
were received by licensee.
B. Each
licensee shall file with the City Manager before the 30th day following
the end of the calendar quarter a statement, under oath, showing the
true and correct amount of gross revenue derived from the card room
business licensed by the license issued to or held by such licensee
for the preceding calendar quarter statement. Such statement shall
be accompanied by the payment of the correct amount of license fee
due and owing in accordance with the provisions of this section. This
statement is subject to the right of the City to audit the matters
referred to therein as to the accuracy of the figures set forth in
the statement and the amount payable to the City pursuant to the provisions
of this section.
C. The
books, records, and accounts of any card club may be audited by the
City. Such an audit will be performed by a qualified accountant or
City official selected by the City. Any information obtained pursuant
to the provisions of this section or any statement filed by the licensee
shall be deemed confidential in character and shall not be subject
to public inspection. Such information and/or statements shall be
available to those City officials having jurisdiction over the provisions
of this title and to any court of competent jurisdiction where any
matter relating thereto may be actively pending. In the event the
licensee's statement rendered to the City is understated by 1% or
more, the licensee shall bear the cost of the City's audit; otherwise
the City shall bear such cost.
D. Any
failure or refusal of any such licensee to make and file any statements
as required within the time required, or to pay such sums by way of
license fees when the same are due and payable in accordance with
the provisions of this title, or to permit such inspection of such
books, records and accounts of such licensee shall be and constitute
full and sufficient grounds for suspension and revocation of the license
of any such licensee.
E. All
fraternal organizations and labor unions, where no private individual
operates the card room for a fee or percent of the profits are exempt
from the provisions of this section.
(Prior code § 6-034.4)
A. Circus,
carnival or other similar exhibition, $200.00 per day; each circus
or menagerie parade or procession on, over or along any public street
or highway of the City, by any person not having a license to exhibit
such circus, carnival or other similar exhibit in said City, $200.00
per day.
1. When
the carnival, circus or tent show license tax is paid, no additional
license shall be required for shows, exhibitions, rides or devices
within the carnival, circus or tent show.
2. Carnival
Defined. For the purpose set forth herein "carnival" shall be and
is defined to mean a collection of shows, exhibitions, feats of strength,
merchandise booths, games of skill, games of chance, wheels of fortune
presented or offered upon the streets or vacant property within the
City.
B. Lecture or traveling theatrical performance under or surrounded or partially enclosed by canvas, such as comedy, spoken drama, opera or concert, $20.00 per day; any dance, where the public is permitted to dance, not covered in Section
5.08.100, $20.00 per day; performances held in any public hall, club room, assembly hall or theater, where movable scenery and theatrical appliances are used, whether or not an admission fee is charged, $20.00 per day. The holder of a theatre license shall not be required to procure an additional license to conduct, maintain or carry on any theatrical or vaudeville performance when such performance is conducted at any such theatre so licensed.
C. Any
place to which the public is admitted and an admission fee is charged,
and at which any boxing or wrestling match or exhibition is conducted,
presented or carried on, $45.00 per quarter or $15.00 per day.
D. Arcade
consisting of one general enclosure in which is conducted the business
of operating or exhibiting a phonograph, projectorscope or any other
instrument or machine of like character, or exhibiting, showing or
letting the use of any microscope, galvanic battery, weighing machine
or similar lung tester, muscle tester, machine of like character,
or letting the use of coin machines simulating the playing of soccer,
baseball, basketball, boxing and similar games, $120.00 per annum.
E. Concession
or rides for children, including miniature train, merry-go-round,
pony ride, speedway (small electric automobiles), small gasoline automobiles,
pig slides, etc., $7.50 per month for each such ride device.
F. Rides
other than carnivals for adults or concessions including carousel,
loop-o-plane, aeroplane, Ferris wheel, sky flier, scooter, whip, toonerville,
motorcycle ride, globe of death, magic carpet, ride-in-the dark, or
rides or devices of similar character, $15.00 per month for each such
ride device.
G. Street
musicians, $7.50 per day per person.
(Prior code § 6-034.5)
A. Sound.
Operating any vehicle equipped with music or musical device, loudspeaker,
or other device for attracting attention, $50.00 per annum, $20.00
per month or $5.00 per day for each vehicle used.
B. Signs.
1. Operating
any vehicle for advertising purposes and to which vehicle there are
attached signs, placards, billboards or other advertising matter,
$50.00 per annum, $20.00 per month or $5.00 per day for each vehicle
used.
2. Each
license for advertising on vehicles shall be subject to the following
regulations:
a. The only sound permitted is music or human speech.
b. Sound advertising is permitted only between 9:00 a.m. and sunset.
c. The vehicle with the sound device shall not proceed at a speed of
less than 10 miles per hour nor shall sound be issued while the vehicle
is not in motion.
d. No sound shall be issued within 100 yards of a hospital, school,
church, funeral parlor and/or funeral home.
e. The vehicle with the sound device in operation shall not proceed
from east to west, or west to east, along Main Street or Market Street
between El Dorado Street and Stanislaus Street.
f. Human speech amplified by the sound device shall not be lewd, indecent
nor slanderous, nor shall it be specifically addressed to individual
pedestrians or motorists as distinguished from the public in general.
g. The volume of sound shall be controlled so that it is not audible
for a distance in excess of 100 yards.
h. The license fee on display ad advertising shall not apply to signs
painted, rather than affixed, on delivery trucks or other vehicles
used by the firm making the display for purposes other than advertising
in excess of 12 hours per week.
i. The Chief of Police of the City shall monitor the operation of vehicles
with sound devices and shall report to the City Manager violations
of the above regulations. If the City Manager reasonably finds that
a licensee has violated the regulations he or she shall direct the
Director of Finance to refuse the issuance of a new license to the
licensee until the further order of the City Manager and he or she
may revoke the license already granted.
C. Searchlight.
Operating any vehicle equipped with a searchlight for attracting attention,
$50.00 per annum, $20.00 per month or $5.00 per day for each vehicle
so used.
(Prior code § 6-034.6)
A. By means
of loud speaker, sound amplifier or similar device, or a display ad
in excess of 10 feet in height or length when said mechanical or electrical
device and/or display ad is attached to an airplane moving about over
the City, $50.00 per year, $20.00 per month or $5.00 per day for each
airplane used.
B. Each
license shall be subject to the following regulations:
a. The
only sounds permitted are music or human speech.
b. Sound
advertising is permitted only between 9:00 a.m. and sunset.
c. The
sound shall not be issued by an airplane flying at an altitude of
less than 1000 feet.
d. Sound
shall be issued from the loudspeaker only.
e. The
cone of sound from the loudspeaker shall be directed so as to cover
at one time an area on the ground of less than 700 yards square, and
so as to avoid hospitals.
f. Human
speech amplified by the sound device shall not be lewd, indecent nor
slanderous nor shall it be specifically addressed to certain individuals
as distinguished from the public in general.
g. The
volume of the sound shall be controlled so that it is not audible
on the ground over an area in excess of 700 yards square and so that
it is not raucous, jarring or a nuisance to the auditors within the
area of audibility.
h. The
Chief of Police of the City shall monitor the operation of airplanes
with sound devices and shall report to the City Manager violations
of the above regulations. If the City Manager reasonably finds that
a licensee has violated the regulations, he or she shall direct the
Director of Finance to refuse the issuance of a new license to the
licensee until the further order of the City Manager, and he or she
may revoke the license already granted.
(Prior code § 6-034.7)
Distributing handbills, advertising throwaways and other similar
types of advertising materials, $200.00 per year or $10.00 per day.
(Prior code § 6-034.8)
Airplane rental and flying lessons, $25.00 per year for each
airplane.
(Prior code § 6-034.9)
Auction sales or auctioneer, $20.00 per day.
(Prior code § 6-034.10)
A.
1. Owning,
operating, establishing, managing, maintaining, or having charge of
any location or place of business of any kind for the sale of any
insolvent bankrupt, fire damaged, closeout or other similar goods,
wares or merchandise, $50.00 for the first 30 days plus $10.00 per
day over 30 days.
2. In
the event that the business conducting and/or carrying on a forced
removal, closing out or similar sale is located within the boundaries
of an approved urban renewal project area or is being forced to vacate
a business location due to eminent domain proceedings, the license
fee provided for in this section shall be waived.
3. Every
person managing, conducting and/or carrying on a sale as specified
herein, shall make a written application to the City Director of Finance
to do so. Said application shall be signed and sworn to by said applicant
and shall state all the facts in regard to the contemplated sale,
the period of time during which said sale shall be held, together
with a statement that no goods, wares or merchandise have been purchased
and/or received during the period of 30 days immediately preceding
the date of such application for the purpose of adding same to that
in stock for sale, the reason for such sale and an inventory of such
goods.
B. General
Provisions.
1. The
Director of Finance shall file said application and shall endorse
thereon the date such license is granted or refused.
2. It
is unlawful for any person to make a false statement in such application.
3. A
license issued under the provisions hereof shall be valid only for
the inventoried goods.
4. A
license issued under the provisions hereof shall not be transferable.
5. It
is unlawful for any person managing, conducting, and/or carrying on
a sale as specified herein to secure goods other than those enumerated
in said inventory for the purpose of selling same at said sale.
6. It
is unlawful for any person having a license hereunder to add any goods
to the inventoried stock, and no goods shall be sold except that included
in the original inventory.
7. The
provisions hereof shall not apply to public or court officers or to
any person acting under the direction of State or Federal courts in
the course of their official duties.
(Prior code § 6-034.11)
Sale of Christmas trees, holly, berries, cards or other seasonal
items, $25.00 per season, except where business is conducted in connection
with another regularly established place of business for which a license
has been issued, or is conducted by and solely for the benefit of
a charitable or nonprofit organization.
(Prior code § 6-034.12)
Finance company, $300.00 per year.
(Prior code § 6-034.13)
A. Every
person, at a fixed place of business in the City of Stockton, engaged
in the business of carrying on or collecting, buying or selling at
either retail or wholesale or otherwise dealing in junk and/or rubbish,
waste material, refuse and/or any old rags, sacks, bottles, cans,
papers, metals, jewelry, precious metals, rubber, bric-a-brac, cordage,
truck or automobile tires, truck or automobile accessories, and truck
or automobile parts, and other like articles, whether the same can
be sold or otherwise disposed of for the purpose of being treated,
repaired or prepared so as to be used again in some other form, $250.00
per year.
B. Every
person who does not maintain a fixed place of business in the City,
engaged in the business of collecting, buying or otherwise dealing
in junk, and/or rubbish, waste material, refuse and/or any old rags,
sacks, bottles, cans, papers, metals, jewelry, precious metals, rubber,
bric-a-brac, cordage, truck or automobile tires, truck or automobile
parts, truck or automobile accessories and other like articles whether
the same can be sold or otherwise disposed of for the purpose of being
treated, repaired or prepared so as to be used again in some other
form, $250.00 per year.
C. Every
person who maintains a fixed place of business in the City for wrecking
or salvaging motor vehicles, $250.00 per year.
"Wrecking" means the business of buying or trading in second-hand,
used or wrecked motor vehicles, and selling the parts thereof or building
motor vehicles from the salvaged parts of such motor vehicles and
selling the same, or the "wrecking or salvaging" of motor vehicles
on a contract basis.
(Prior code § 6-034.14)
Pawnbroker, $150.00 per quarter.
(Prior code § 6-034.15)
Searchlights not mounted on vehicles, $55.00 per year, $20.00
per month, or $5.00 per day for each searchlight.
(Prior code § 6-034.16)
Shoe shining, $3.00 per quarter or $10.00 per year.
(Prior code § 6-034.17)
A. An itinerant
merchant under this title shall be deemed to mean and include any
person or persons, firm, or corporation, either principal or agent,
employer or employee who engages in a temporary business in the City
by selling or offering for sale goods, wares, merchandise, or things
or articles of value for a period of not more than 190 days in any
calendar year, and who, for the purpose of carrying on such business
hires, leases, or occupies any room, building, structure or stand
on any real property, or on or adjoining any street or public place
in the City. The person, firm or corporation so engaged shall not
be relieved from the provisions of this section by reason of associating
temporarily any local dealer, trader, merchant or auctioneer, or by
reasons of conducting such temporary business in connection with or
as part of any local business, or in the name of any local dealer,
trader, merchant or auctioneer.
1. Community gardens consistent with Section
16.80.130 and urban agriculture produce stands consistent with Section
16.80.285 are exempt from this provision.
B. Every
person, firm or corporation engaged in the business of an itinerant
merchant shall pay a license fee of $600.00 per year, or $200.00 per
quarter or portion thereof, or $5 for a single day event, $10.00 for
a two or three day event and $5 per day for an event lasting four
days or longer.
C. Any
itinerant merchant who, as a seller of any article is required to
obtain a State vendor's permit, pursuant to the provisions of Revenue
and Taxation Code Section 6066 et seq., shall, prior to the issuance
of a permit by the City, produce satisfactory proof of possession
of such a State vendor's permit.
D. Every
sale in the normal course of business of such itinerant merchant within
the City shall be recorded or memorialized on sequentially numbered
receipts which shall contain, at a minimum, the following information:
4. A
description of the item(s) sold.
It shall be the duty of the itinerant merchant to retain such
records for the period of three years from the date of sale or the
period prescribed by law for the retention of records for Federal
income tax purposes, whichever is longer.
|
(Prior code § 6-034.19; Ord. 2020-09-15-1501 C.S. § 2)
A. "Peddler"
shall be defined as any person who sells and makes immediate delivery
or offers for sale and immediate delivery any goods, wares, merchandise,
service or thing in the possession of the seller, at any place in
the City other than at a fixed place of business but shall not include
salespersons or agents for wholesale houses or firms who sell to retail
dealers for resale or sell to manufacturers for manufacturing purposes
or to bidders for public works or supplies. Every person, firm or
corporation engaged in such a business (peddler) in the City shall
pay a license fee of $50.00 per year per peddler, $15.00 per quarter
per peddler or $5.00 per day per peddler.
B. Every
person engaged in the business of peddling shall submit to the Administrative
Services Department a completed application, supplying such information
as the Administrative Services Department and/or the Police Department
shall require upon the form. Each peddler shall pay an annual application
and investigation fee to the City in an amount as may be fixed or
established from time to time by resolution of the City Council. Any
person failing to comply and submit such requested information shall
be denied a peddling permit.
C. Upon
receipt of such application, the original shall be transmitted to
the Chief of Police who shall cause such investigation of the applicant's
business background and moral character to be made as the Chief deems
necessary for the protection of the public welfare. The Chief of Police
shall approve the application unless, as the result of such investigation,
the applicant's character or business responsibility is found to be
unsatisfactory, or if the applicant has been convicted of any violation
of this title, a felony, a misdemeanor involving moral turpitude,
or a violation of any narcotics law. However, if, in the opinion of
the Chief of Police, an applicant's prior criminal conviction is such
that it would not render the applicant unsuitable to engage in the
business of peddler or otherwise endanger the public welfare, the
Chief of Police, in his or her discretion, may approve the application.
The Chief of Police shall return the approved application to the Administrative
Services Officer, who shall, upon payment of the license fee herein
prescribed deliver the license to the applicant. If the Chief of Police
disapproves the application, the reasons for such disapproval shall
be noted on the application and the application shall be returned
to the Administrative Services Officer. The Administrative Services
Officer shall notify the applicant of the disapproval and that no
license will be issued.
(Prior code § 6-34.20)
A. "Solicitor"
shall be defined as any person who engages in the business of going
from house to house, place to place, on or along the streets, within
the City and/or by telephone, selling or taking orders for or offering
to sell or take orders for goods, wares, or merchandise or other things
of value for future delivery, or for services to be performed in the
future.
B. Every person, firm, or corporation engaged in such business within the City shall be required to pay a license fee of $50.00 per year per solicitor, $15.00 per quarter per solicitor, or $5.00 per day per solicitor, unless such solicitor has been exempted under the provisions of Section
5.12.010.
C. Other persons not maintaining a fixed place of business in the City and not otherwise specifically licensed by other chapters in this title, but who render personal or other services or products to customers as a result of customer initiated contact from place to place or house to house in the City are subject to the provisions of subsection
B of this section but not the provisions of subsections
E and
F of this section.
D. All
solicitors, while so employed and engaged in contact with the public,
shall wear upon their person plainly visible an identification card
containing at a minimum their name, and employer. Such cards may be
provided by the solicitor, the solicitor's employer, or in the alternative
by the City for the sum of $2.00 per individual identification card.
E. Unless otherwise exempted by subsection
C of this section, every person engaged in the business of soliciting shall submit to the Administrative Services Department a completed application, supplying such information as the Administrative Services Department and/or the Police Department shall require upon the form. Each solicitor shall pay an application and investigation fee to the City in an amount as may be fixed or established from time to time by resolution of the City Council. Any person failing to comply and submit such requested information shall be denied a soliciting permit.
F. Upon
receipt of such application, the original shall be transmitted to
the Chief of Police who shall cause such investigation of the applicant's
business background and moral character to be made as the Chief deems
necessary for the protection of the public welfare. The Chief of Police
shall approve the application unless, as the result of such investigation,
the applicant's character or business responsibility is found to be
unsatisfactory, or if the applicant has been convicted of any violation
of this title, a felony, a misdemeanor involving moral turpitude,
or a violation of any narcotics law. However, if, in the opinion of
the Chief of Police, an applicant's prior criminal conviction is such
that it would not render the applicant unsuitable to engage in the
business of soliciting or otherwise endanger the public welfare, the
Chief of Police, in his or her discretion, may approve the application.
The Chief of Police shall return the approved application to the Administrative
Services Officer, who shall, upon payment of the license fee herein
prescribed deliver the license to the applicant.
If the Chief of Police disapproves the application, the reasons
for such disapproval shall be noted on the application and the application
shall be returned to the Administrative Services Officer. The Administrative
Services Officer shall notify the applicant of the disapproval and
that no license will be issued.
G. Any
solicitor who claims to be entitled to an exemption from the payment
of any license provided for in this chapter upon the grounds that
the solicitor is employed by a nonprofit, charitable or fraternal
organization shall file a written, notarized affidavit disclosing,
upon a form to be provided by the Administrative Services Department,
the minimum necessary information as required upon the form. The Administrative
Services Officer, upon discretion, may also require further reasonable
proof of status of the nonprofit entity. Failure to provide such information,
or a finding that the applicant is not a nonprofit, charitable or
fraternal organization shall constitute grounds for denial of such
application.
(Prior code § 6-034.21)
A. It is
unlawful for any person, firm, or corporation engaged in selling or
distributing any goods, wares or services to stop, stand or park on
or along a public street or sidewalk for a period of more than 30
minutes without moving to a new location at least 100 feet removed
therefrom.
B. Congestion.
It is unlawful for any peddler, or vendor to operate in a place where
such operation will create a traffic hazard.
C. In no
case shall any peddler or vendor operate within:
1. Three
hundred feet of any school grounds, prior to 4:00 p.m. on any day
when school is in session; or
2. One
hundred feet of any street intersection controlled by traffic light
or stop sign.
D. Exemption.
This section shall not apply to the sale or distribution of any newspaper,
flyer, or handbill.
(Prior code § 6-034.23)
A. Each
transient photographer shall pay a license fee of $150.00 per year,
$50.00 per quarter or $5.00 per day.
B. General
Provisions.
1. Applicants
for a license to photograph, solicit to take orders for photographs
or photographic work, or selling or giving coupons for photographic
work, and requiring a deposit in advance of the final delivery of
any such work or services, and having no fixed place of business within
the City, as hereinafter defined in this section, shall file with
the Director of Finance, in duplicate, a sworn affidavit in writing
on a form to be furnished by the Director of Finance giving such information
as may be requested and including the names of two residents of the
City who will certify as to the applicant's good character and business
responsibility or in lieu of such names, such other available evidence
as to the good character and business responsibility of the applicant
as will enable the Chief of Police to evaluate such character and
business responsibility.
2. Upon
receipt of such application, the original shall be transmitted to
the Chief of Police who shall cause such investigation of the applicant's
business background and moral character to be made as the Chief deems
necessary for the protection of the public welfare. Each transient
photographer shall pay an application and investigation fee to the
Director of Finance of the City in an amount as may be fixed or established
from time to time by resolution of the City Council. If as the result
of such investigation, the applicant's character or business responsibility
is found to be unsatisfactory, or if the applicant has been convicted
of any violation of this title, a felony, a misdemeanor involving
moral turpitude, or a violation of any narcotics law, the Chief of
Police shall endorse on such application disapproval and the reasons
for the same and return the application to the Director of Finance
who shall notify the applicant that said application is disapproved
and that no license will be issued. If, however, as the result of
the investigation by the Chief of Police, the Chief of Police shall
endorse approval on the application and transmit the same to the Director
of Finance, the Director of Finance shall upon payment of the license
fee herein prescribed deliver the license to the applicant.
3. Any person aggrieved by the action of the Chief of Police or by the Director of Finance in the denial of a license as provided in this section shall have the right of appeal to the City Council as provided in Section
5.04.210.
4. This
section shall not apply to any person who for a period of at least
six continuous months, has operated and is continuing to operate a
photographic business from a regular established place of business
within the City. A "regular established place of business" as said
term is used in this section means a business which is kept open for
at least six hours between the hours of 8:00 a.m. and 5:00 p.m. at
least five days a week, and at which place of business a bona fide
effort is made to actually conduct a photographic business, other
than the mere developing of pictures on the premises.
(Prior code § 6-034.23)
Radio and television broadcasting, or soliciting for radio or
television broadcasting, $200.00 per year.
The conducting or carrying on the business of producing or generation
of electromagnetic waves within the City for the purpose of broadcasting
by radio transmission or television is hereby declared to be a local
business. The business of soliciting advertising within the City for
radio or television transmission in intrastate broadcasting is hereby
declared to be a local business.
Radio broadcasting studios or television stations which generate
electromagnetic waves solely for religious, educational or charitable
broadcasting shall be exempt from payment of the revenue license tax
set herein.
(Prior code § 6-034.24)
Each person who shall conduct, engage in, carry on, participate
in, or practice fortunetelling or cause the same to be done for pay,
$500.00 per year.
(Prior code § 6-034.25)