Title 8, Consumer Protection and Business Regulations, Division
2, Business Regulations, of the Los Angeles County Code, as amended
and in effect on December 8, 1986 is hereby adopted by reference as
the Business Regulations of the City of West Hollywood.
A copy of the Business Regulations has been deposited in the
office of the City Clerk and shall be at all times maintained by the
Clerk for use and examination by the public.
(Prior code § 6372; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
A violation of this Article
3 is subject to the administrative penalty provisions of Sections
1.08.030 through
1.08.070 of this code. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation.
(Prior code § 6373; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991; Ord. 97-489 § 8, 1997; Ord. 97-507 § 16, 1997)
Notwithstanding the provisions of Section
5.124.010, Los Angeles County Code Chapters 8.08, 8.24 and 8.28 and Los Angeles County Code Section 8.36.040 of the Business Regulations are hereby repealed.
(Prior code § 6374; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991; Ord. 92-322 § 2, 1992)
Notwithstanding the provisions of Section
5.124.010, Los Angeles County Code Section 8.36.060A of the Business Regulations is amended and a new Section 8.36.060C, is added to read:
8.36.060 Handbill and tip sheet distribution prohibited
– Exceptions.
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A.
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It shall be unlawful upon any street, sidewalk, highway or parkway
to cast, throw or deposit, sell or distribute to persons in vehicles,
or to place in or upon unoccupied vehicles, any tip sheet or any commercial
advertising handbill, or any handbill distributed for the purpose
of advertising any merchandise, commodity, property, business, service,
act or skill, offered, sold or rendered for hire, reward, price, trade
or profit.
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C.
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The City Manager, or his or her designee, may remove or cause
the removal of and discard any handbill prohibited by Section 8.36.060A.
The person responsible for the distribution of any such handbill shall
be liable to the city for the cost of removal thereof, in addition
to any other penalty provided by law. In any prosecution of any person
for violation of Section 8.36.060A of this chapter, proof that the
handbill in question contains the name of or otherwise identifies
such person or such person's principal, agents, representative or
employer shall constitute a permissible inference that the person
caused such handbill to be distributed in the location from which
it was removed.
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(Prior code § 6375; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
The following words and phrases in this section shall have the
significance attached to them in this chapter unless otherwise clearly
apparent from the context:
"Advertising matter"
shall mean any broadside, booklet, card, circular, dodger,
handbill, poster, newspaper, or other advertising medium of similar
nature advertising, offering, proposing or soliciting the sale or
transfer for consideration of any product, merchandise, commodity,
property, business or service, excluding, however, advertising matter
included with mail delivery and any newspaper eligible for entry as
second-class matter under the provisions of the United States Post
Office regulations of March 3, 1879, and other regulations and statutes
of the United States.
"Private property"
shall mean any parcel of real property in the city, including
any improvements thereon, and not dedicated to use by the public.
(Prior code § 6375.5; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
No person shall distribute or cause to be distributed any advertising
matter in or upon private property when:
a. There
is erected a printed sign in a conspicuous place upon the property
containing the words "NO ADVERTISING MATTER – NO SOLICITING,"
or words substantially similar thereto. Such sign or notice shall
be maintained in a place on such property where it is unobstructed
from view and as near the main entrance thereof as possible. The language
in said sign shall be at least two inches high, composed of letters
printed in the English language so as to be clearly visible; provided,
however, that advertising matter may be distributed in, or upon, private
property even though the sign above referred to is so maintained when
the person distributing such advertising matter has first obtained
the written consent of the person in charge or possession of the property
upon which such advertising matter is distributed; or
b. It
is apparent that the property is unoccupied; or
c. It
is apparent that a previous day's distribution of advertising matter
has not been removed.
(Prior code § 6375.6; Ord. 94-407 § 1, 1994)
For purposes of this section, the following words and phrases
shall have the following meanings:
"Consumer"
shall mean every person who, for his or her use or consumption,
purchases wine coolers or spirit coolers in a container from a dealer
in the city for off-premises consumption.
"Container"
shall mean any sealed device, however denominated, made of
glass, metal, plastic, or other material or any combination of materials,
which directly holds or contains wine coolers or spirit coolers. Container
does not include cups or other similar open or loosely sealed receptacles.
"Dealer"
shall mean any person who engages in the sale to a consumer
of wine coolers or spirit coolers in a container or containers in
the city for off-premises consumption.
"Empty"
shall mean a container which is all of the following:
1.
Has the original seal or closure broken or removed;
2.
Does not contain foreign materials other than the residue of
wine cooler or spirit cooler originally packaged in the container;
3.
Bears the refund value marking pursuant to subsection
(c) of Section
5.124.080;
4.
Is not broken, crushed, or dismembered.
"Distributor"
shall mean any person who engages in the sale of wine coolers
or spirit coolers in a container or containers to a dealer in the
city. Distributor includes any person who imports or otherwise transports
wine coolers or spirit coolers in containers from outside the city
for sale to a dealer in the city.
"Place of business"
shall mean the location at which a dealer sells, or offers
for sale, wine coolers or spirit coolers in a container or containers.
"Place of business" as used herein with respect to a distributor shall
mean any location from which said distributor directly transports
wine coolers or spirit coolers in containers to any dealer, if said
location is within the state of California.
"Sale" (or "sold" or "sell")
shall mean any commercial transaction by any dealer in which
wine coolers or spirit coolers in a container or containers are transferred
to a consumer for a monetary consideration for the purpose of off-premises
consumption, or any commercial transaction by which a distributor
transfers wine coolers or spirit coolers in a container or containers
to a dealer for a monetary consideration for the purpose of sale by
the dealer for off-premises consumption.
"Spirit cooler"
shall mean a liquid intended for human consumption containing
distilled spirits to which is added concentrated or unconcentrated
juice or flavoring material and containing not more than eight percent
alcohol by volume.
"Wine cooler"
shall mean a liquid intended for human consumption containing
wine to which is added concentrated or unconcentrated juice or flavoring
materials and containing not more than seven percent alcohol by volume.
(Prior code § 6376; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
a. Every
wine cooler or spirit cooler container sold or offered for sale by
a distributor to a dealer for sale by the dealer shall have a refund
value of not less than five cents ($.05) for redemption by a dealer
from the distributor.
b. It
shall be unlawful for a distributor to knowingly sell or offer to
sell a wine cooler or spirit cooler container to a dealer for sale
by the dealer within the city and for a dealer to purchase such a
container for such purposes from a distributor unless the distributor
charges and the dealer agrees to pay a refund value of five cents
($.05).
c. Every
wine cooler or spirit cooler container sold or offered for sale by
a dealer within the city shall clearly indicate by embossing or by
a stamp or label or other method, securely affixed to the container
by the distributor, that the container has a refund value of five
cents ($.05).
d. It shall be unlawful for a distributor to knowingly sell or offer to sell a cooler or spirit cooler container to a dealer for sale by the dealer within the city and for a dealer to purchase such a container for such purposes or to store or offer to sell such a container for such purposes unless the container is embossed, stamped or labeled with, or by other method indicates, the message required by subsection
(c) of this section.
(Prior code § 6377; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
a. Every
cooler or spirit cooler container sold or offered for sale by a dealer
within the city shall have a refund value of five cents ($.05) for
redemption by a consumer from the dealer.
b. It
shall be unlawful for a dealer to sell or offer to sell a cooler or
spirit cooler container within the city unless the dealer charges
a refund value of five cents ($.05).
(Prior code § 6378; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
It shall be unlawful for a distributor to refuse to accept from a dealer any empty wine cooler or spirit cooler container which has been marked in the manner prescribed by subsection
(c) of Section
5.124.080 of the kind, size, and brand sold by the distributor, or to refuse to pay to the dealer a refund value for such container of five cents ($.05).
(Prior code § 6379; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
a. It
shall be unlawful for a dealer who sells cooler or spirit cooler containers
to refuse to redeem a wine cooler or spirit cooler container from
a consumer or refuses to pay a refund value for the container of five
cents ($.05) to the consumer, when the request for redemption is made
at the dealer's place of business within the city and the container
is embossed, stamped, or labeled with, or by other method indicates,
a message that the container has a refund value, unless either:
1. The
container is not empty;
2. The
container contained a brand or type of wine cooler or spirit cooler
which the dealer is not offering for sale at the time the redemption
is requested and has not offered for sale for a period of at least
ninety days.
b. A dealer
shall be considered in compliance with this section if it accepts
cooler or spirit cooler containers for redemption at redemption facilities
and centers established pursuant to the California Beverage Container
Recycling and Litter Reduction Act.
(Prior code § 6380; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)
The City Manager or the City Manager's designated representative
is authorized to enter the business premises during business hours
of any dealer engaged in the sale of wine coolers or spirit coolers
in containers in the city for the sole purpose of inspecting said
premises and determining whether the dealer is in compliance with
this section.
(Prior code § 6381; Ord. 90-269 § 1, 1990; Ord. 91-312U § 2, 1991)