Title 5 of the Pico Rivera Municipal Code may be cited as the
"Business License Law" of the city of Pico Rivera. It is not intended
by the Business License Law to repeal, abrogate, annul or in any way
impair or interfere with existing provisions of other laws or ordinances,
except those specifically repealed by the Business License Law. Where
the Business License Law imposes a greater restriction upon persons,
premises or personal property than is imposed or required by such
existing provisions of law, the provisions of the Business License
Law shall control.
(Prior code § 6100)
For the purpose of the Business License Law, the following terms,
phrases, words and their derivations shall have the meaning given
in this chapter. When not inconsistent with the context, words used
in the present tense include the future; words in the plural number
include the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
(Prior code § 6101)
The following businesses, professions and trades, set out in
this chapter, are further defined for the purposes of this title.
(Prior code § 6104)
A.
"Adult
entertainment" means artist/body-painting studios, adult bookstores,
adult coin-operated entertainment businesses, adult modeling studios,
adult motel-hotels, adult physical cultural businesses, adult theaters,
adult topless or bottomless entertainment businesses, bathhouses,
massage parlors, and other adult uses presenting material distinguished
or characterized by an emphasis on matters depicting, describing or
relating to "specified sexual activities or "specified anatomical
areas."
B.
"Specified
anatomical areas," as used in this section, means and shall be defined
as:
(Prior code § 6104.6(a))
"Advertising by sound trucks" means and includes every person
operating the business of advertising by means of any vehicle containing
amplifiers, phonograph, loudspeaker, microphone, broadcasting radio
or a device for public address, or carrying advertising signs, and
which is used for announcing or advertising upon the public streets
or public grounds in the city.
(Prior code § 6104.5)
"Ambulance driver" means any person who drives an ambulance,
not pursuant to any contract with the city, in which is transported
any person needing medical attention, which person entered or was
placed in such ambulance at any location in the city of Pico Rivera.
(Prior code § 6104.2)
"Ambulance operator" means any person who, for any monetary
or other consideration, or as an incident to any other occupation,
and not pursuant to any contracts with the city, transports in one
or more ambulances one or more persons from any location in the city
to any hospital or other place giving first aid or medical treatment,
regardless of the location of such hospital or other place.
(Prior code § 6104.1)
"Amusement and kiddie rides which are coin-operated," including
coin-operated merry-gorounds, Ferris wheels, slides, swings, boat
rides, airplanes, trains, automobiles and other similar coin-operated
amusement rides, shall not be considered within the definition of
coin-operated amusement devices requiring a permit under this title.
(Prior code § 6104.35)
An "amusement device" or machine means and includes any device
or machine operated by coin or coins for the purpose of amusement,
which does not require the use of any physical or mental dexterity
in the manipulation or operation of such machine, and which does not
vend merchandise or goods, and is used solely for the purpose of amusement
and entertainment.
(Prior code § 6104.33)
"Amusement games, rides and booths" means and includes every person managing or carrying on an amusement game, ride or booth by charging or receiving a gratuity or consideration from the public for the use thereof, including every person managing or carrying on a shooting gallery, marksmanship contest, dart game, archery, ball-throwing, ring-tossing, Ferris wheel, loop-the-loop, rollercoaster, or other similar type of amusement booth or ride which is not defined under Section 5.04.090.
(Prior code § 6104.36)
A.
"Antique
dealer" means a person who is predominantly engaged in conducting,
managing or carrying on the business of buying, selling or otherwise
dealing in antiques.
B.
"Antiques"
means a work of art, collections in illustration of the progress of
the arts, works in bronze, marble, terra-cotta, parian, pottery, porcelain,
or objects of ornamental character or educational value, or items
referred to as "curios and collectibles" due to their historical or
cultural significance.
(Prior code § 6104.38)
"Auction establishment" means a fixed place of business where
any goods, wares or merchandise are sold or offered for sale or trade
by public outcry or auction.
(Prior code § 6104.6)
A.
"Auto
repair shop" means:
1.
Any
place where motor vehicles of others are repaired for a charge;
2.
Any
place where the work of repairing of motor vehicles is carried on
as an incident to the business of selling new or used motor vehicles,
or new or used motor vehicle parts, or as an incident to any other
traffic in motor vehicles or their parts or equipment.
B.
"Automobile
repairer" means any person who manages, conducts or runs an automobile
repair shop.
(Prior code § 6104.3)
"Auto wrecker" means every person who buys any motor vehicle,
as the term "motor vehicle" is defined in the State Vehicle Code,
for the purpose of dismantling or disassembling, or who disassembles
any such motor vehicle, whether for the purpose of dealing in any
of the parts thereof or using the same for the purpose of reconditioning
any other vehicle, or for the purpose of selling or otherwise dealing
in materials of such motor vehicles.
(Prior code § 6104.4)
"Bankrupt stock, bankrupt sales or closing-out sales" businesses
include every person engaged in the business of selling any goods,
advertised or designated as sheriff's assignee's, creditor's, bankrupt's,
consignee's, trustee's, receiver's, closing-out or closing business,
or special sale of damaged goods, damaged by fire, water or otherwise.
A.
Provided,
however, that this section shall not apply to the sale of goods which
are actually in good faith in the possession of the law enforcement
agency or trustee in bankruptcy or in possession of any court of the
state or of the United States, or the goods belonging to an established
business, paying a license, which have been damaged within the city,
and which are being disposed of in good faith by the person engaged
in such business to close out the same;
B.
Except
that such sales provided in this section shall be certified to by
the director of finance that such sale is a bona fide sale held by
an established licensee to conduct such business in the city; and
provided, further, that any inventory or merchandise to be sold at
such sale shall be furnished by the licensee to the director of finance
and the law enforcement agency; and provided, further, that permission
to hold such sale shall not include the right to increase the stock
or merchandise or inventory after the sale has been publicly advertised.
(Prior code § 6104.7)
"Businesses, professions and trades" means and includes all
kinds of vocations, occupations, professions, enterprises, establishments,
and all other kinds of activities and matters, together with all devices,
machines, vehicles and appurtenances used therein, any of which are
conducted for the purpose of earning a profit of livelihood, whether
or not a profit or livelihood is actually earned thereby. Businesses,
professions and trades shall include, but are not limited to, trades
and occupations of all and every kind of calling carried on within
the city, salesmen, brokers, retailers, manufacturers, processors,
wholesalers, vendors, suppliers, peddlers, professions, and the renting
or supplying of living quarters or rooms, or board, or both, for six
or more guests, tenants or occupiers, or any other type of endeavor
entered into within the city for the purpose of earning a livelihood
or profit, whether paid for in money, goods, labor or otherwise, and
whether or not such business, profession or trade has a fixed place
of business in the city.
(Prior code § 6102)
"Café, food establishment, public eating place and hawker" means those businesses or occupations as defined in this chapter and Chapter 5.40 of this code. "Public eating place" shall also include all places where sandwiches, lunches and food or drinks of any and all kinds are prepared for sale or gift to the public, whether sold or given or consumed on the premises, whether prepared or not.
(Prior code § 6104.11)
"Carnival, circus and rodeo" means and includes any place of
amusement erected or maintained for recreation, amusement or entertainment
purposes where the public is invited or allowed to assemble, and where
are exhibited any feats of horsemanship, trained animals, clowns,
acrobats or trapeze performances, or amusement devices, games or other
forms of skill or amusement as are commonly provided in circuses or
rodeos or carnivals.
(Prior code § 6104.12)
"Concessions" means every person who rents, leases or otherwise
occupies floor space or ground space in a place where a business,
profession or trade is conducted within the city, and where such floor
or ground space is occupied for the purpose of conducting a business,
profession or trade by such concessionaire, and where such person
pays for such space occupied on a cash rental, commission basis, or
otherwise.
(Prior code § 6104.13)
"Dance studio" means and includes any place where dancing lessons
are given for a charge or other consideration.
(Prior code § 6104.15; Ord. 1104 § 3, 2017)
"Teenage dance" means a nonprofit public dance or club dance
for minors between the ages of thirteen and nineteen years of age
to which no person twenty years of age or over, or under thirteen
years of age, is admitted as a participant.
(Prior code § 6104.15)
"Employee" means all persons engaged in the operation or conduct
of any business, and includes any member of the owner's family, agent,
manager, solicitor, and any and all other persons employed or working
in such business.
(Prior code § 6104.16)
A.
"Fortunetelling
business" means and includes every person engaged in the activity
of, or advertising by sign, circular, handbill, newspaper, periodical,
magazine or other publication, or by any other means whatsoever, the
telling of fortunes, forecasting of futures or furnishing any information
not otherwise obtainable by the ordinary processes of knowledge, for
or without pay, by means of any occult or psychic power, faculty or
force, clairvoyance, clairaudience, cartomancy, psychology, psychometry,
phrenology, spirits, mediumship, seership, prophecy, augury, astrology,
palmistry, necromancy, mind-reading, telepathy, or other craft, art,
science, cards, talisman, charm, potion, magnetism, magnetized article
or substance, gypsy cunning or foresight, crystal gazing, oriental
mysteries or magic of any kind or nature, or engaging in, practicing
or carrying on any art, profession or business, the advertisement
and practice of which is regulated by this title.
B.
Excepted
from the aforementioned definition are the following:
1.
The
provisions of this title shall not apply to any person solely by reason
of the fact that he or she is engaged in the business of entertaining
the public by demonstrations of mindreading, mental telepathy, thought
conveyance, or the giving of horoscopic readings, at public places
and in the presence of and within the hearing of other persons, and
at which no questions are answered, as part of such entertainment,
except in a manner to permit all persons present at such public place
to hear such answers, when not conducted in connection with the business
of telling fortunes. Nothing in this section, however, shall be construed
as exempting any person from the payment of the applicable license
fee, if any, required to be paid by the licensing provisions of this
title.
2.
No
person shall be required to pay any fee or take out any license for
conducting or participating in any religious ceremony or service when
such person holds a certificate of ordination as a minister, missionary,
medium, healer or clairvoyant from any bona fide church or religious
association maintaining a church and holding regular services and
having a creed or set of religious principles that is recognized by
all churches of like faith; provided, further, that the fees, gratuities,
emoluments and profits thereof shall be regularly accounted for and
paid solely to or for the benefit of the church or religious association;
provided, further, that the person holding a certificate of ordination
from such bona fide church or religious association, as set forth
in this section, shall, before practicing the profession specified
in this section, file with the city clerk a certified copy of his
or her certificate of ordination, with his or her name, age and street
address in this city where he or she intends to carry on the business.
Such bona fide church or religious association, as defined in this
section, may, however, pay to its ministers, missionaries, mediums
or workers a salary or compensation based upon a percentage basis,
provided that the agreement between the church and the minister, missionary,
medium or worker is embodied in a resolution and transcribed in the
minutes of such church or religious association.
C.
No person
shall be required to pay any fee or take out any license for carrying
on the art of reading tea leaves in any bona fide, regularly established
restaurant, for the purpose of amusement to the patrons of the restaurant,
where no charge for such readings is made.
(Prior code § 6104.17; Ord. 703 § 3, 1985)
"Gross receipts" means the total amount of the sale price of
all sales, and the total amount charged or received for the performance
of any act, service or employment of whatever nature it may be, for
which a charge is made or credit allowed, whether or not such service,
act or employment is done as a part of or in connection with the sale
of goods, wares or merchandise. Included in "gross receipts" shall
be all other receipts, cash, credits and property of any kind or nature
except as hereinafter excluded, and any amount for which credit is
allowed by the seller to the purchaser, without any deduction therefor
on account of the cost of the property sold, the cost of the materials
used, labor or service costs, interest paid or payable, losses, or
other expenses whatsoever. Excluded from "gross receipts" shall be
cash discounts allowed and taken on sales; any tax which is measured
by the sales price or the gross receipts from the sale or which is
a stated sum per unit of such property sold, included in or added
to the purchase price and collected from the consumer or purchaser;
and such part of the sale price as is refunded either in cash or by
credit; or any property given by the purchaser to the seller as part
of the purchase price and so accepted by the seller for resale; and
amounts collected for others where the business is acting as an agent
or trustee, to the extent that such amounts are paid to those for
whom collected.
(Prior code § 6102.1)
"Guard" means a person who guards property and who is not a
member of a private patrol system or a patrol system, and who is employed
exclusively and regularly by one employer in connection with the affairs
of such employer only, and where there exists an employer-employee
relationship.
(Prior code § 6104.23(a))
A.
"Commercial
handbill" means any handbill which is distributed for the purpose
of advertising for sale goods, wares, merchandise or services, or
any other commercial activity; however, for the purpose of this title,
"commercial handbill" means and includes the distribution or circulation
of samples of goods, wares and merchandise.
B.
"Handbill"
means a printed ("printed" shall include all forms of reproduced writing)
paper or circular, which is circulated or distributed, other than
by United States mail, for the purpose of advertising orders for such;
"handbill" shall not include newspaper. For the purpose of this subsection,
"newspaper" means a periodical published primarily for the dissemination
of news and intelligence of a general character, or printed paper
or circular, or drawing attention or soliciting support or opposition
to any public issue or political figure or party, partisan or nonpartisan.
C.
"Handbill
permit" means a permit required pursuant to this title for the distribution
of commercial handbills.
D.
"Noncommercial
handbill" means any handbill other than a commercial handbill.
E.
"Notice"
means a notice given by United States mail, postage prepaid, addressed
to the person to be notified, at his or her last known address.
(Prior code § 6104.37)
"House-number painter" means any individual, firm, corporation
or organization engaged in the activity of painting upon public curbs,
streets, roadways, sidewalks or other public property, house numbers
or house addresses or other printed or painted material.
(Prior code § 6104.18)
"Junk collector" means a person engaged in the business within
the city of going from house to house or place to place gathering,
collecting, buying, selling or otherwise dealing in any old rags,
sacks, bottles, cans, papers, metals, furniture, appliances or other
articles commonly known as junk.
(Prior code § 6104.19)
"Junk dealer" means a person not an auto wrecker engaged in
conducting, managing or carrying on the business within the city of
buying, selling or otherwise dealing in either the wholesale or retail
of any old magazines, sacks, bottles, cans, papers, metals (including
gold and mercury), or other articles commonly known as junk.
(Prior code § 6104.20)
"Locksmith" means any person whose business, trade or occupation,
in whole or in part, is the making, furnishing or duplicating of keys
for locks or similar devices, or who constructs or repairs or adjusts
locks, or who opens and closes locks for others by mechanical means
other than with the regular keys furnished for that purpose by the
manufacturer of the locks. The definition of "locksmith," for the
purpose of the Business License Law, shall include persons who are
not principally engaged in the locksmith business as hereinbefore
defined, but who duplicate keys for locks or similar devices.
(Prior code § 6104.21)
"Machines, games of skills" means and includes any machine or
device operated by a coin or coins, requiring the use of physical
or mental dexterity in the manipulation or the operation of such machine,
device or game.
(Prior code § 6104.34)
"Patrolman" means an individual engaged in the act of guarding
property as the owner, member or employee of a street-patrol system.
(Prior code § 6104.23)
A.
"Patrol
system" means any street-patrol system furnishing street-patrol service
or street-patrol officers, herein referred to as "patrolmen," furnishing
or purporting to furnish to members or subscribers any watchman or
guard, either uniformed or otherwise, to patrol the streets of the
city for the purpose of guarding or watching any property or performing
services or acts customarily performed by the law enforcement agency.
B.
The definition of patrol system does not include a private patrol operator or operator of a private patrol system defined under Section 7521 of the Business and Professions Code of the state as being one who agrees to furnish or furnishes a watchman, guard, patrolman or other person to protect persons or property, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or performs the service of such watchman, guard, patrolman or other person for any of such purposes, unless such acts are performed as a part of a street-patrol system or service as defined in subsection A of this section.
C.
The
definition of patrol system contained in this section shall not include
a person employed exclusively and regularly by one employer in connection
with the affairs of such employer only, and where there exists an
employer-employee relationship.
(Prior code § 6104.22)
"Pawnbroker" means any person engaged in any one or more of
the following businesses:
A.
Pawnbroking;
B.
Lending
money for himself or any other person upon personal property, pawns
or pledges, in the possession of the lender;
C.
Purchasing
articles of personal property and reselling or agreeing to resell
such articles to the vendors or assignees at prices agreed upon at
or before the time of such purchases.
(Prior code § 6104.24)
"Pawnshop" means any room, store, building or other place in
which the business of pawnbroker is engaged in, carried on or conducted.
(Prior code § 6104.25)
"Person," as used in the Business License Law, means and includes
the individual natural persons, partnerships, joint adventures, societies,
associations, clubs, trustees, trusts or corporations, or any officers,
agents, employees, factors, or any kind of personal representative
of any thereof, in any capacity, acting either for himself, or for
any other person, under either personal appointment or pursuant to
law.
(Prior code § 6103)
"Public billiard rooms, or hall or poolrooms or halls" means
any place open to the public where billiards, bagatelle or pool is
played, or in which any billiards, bagatelle or pool table is kept
and persons are permitted to pay or do play thereon, whether any compensation
or reward is charged for the use of such table or not.
(Prior code § 6104.8)
A.
"Rubbish,
waste and garbage" means the business of collecting within the city
any garbage or waste or rubbish or refuse for reward or consideration,
or for anything of value. "Rubbish, waste or garbage," as used in
this title, means and includes garbage, waste and refuse, food-plant
waste, market refuse, trash, rubbish, offal, leaves, cuttings, trimmings,
shrubs, grass, combustible rubbish, inorganic refuse, and other refuse,
combustible or noncombustible, as well as other waste matters placed
with such person for the purpose of collection and disposal.
B.
The
definition contained in this section of "rubbish, waste or garbage"
shall not include householders hauling occasional loads of waste or
refuse or manure not containing garbage from their own premises to
a legal point of disposal; nor shall the same apply to the hauling
or disposing of grass cuttings, pruning, manure or other rubbish not
containing garbage to or at a legal point of disposal as part of gardening
or horticulture.
(Prior code § 6104.26)
"Secondhand dealer" means a person other than a used-car dealer,
or dealers who deals in secondhand books or magazines, or is engaged
in conducting, managing or carrying on the business of buying, selling
or otherwise dealing in secondhand goods, wares and merchandise, but
does not include a person who does not sell or offer to sell secondhand
goods, wares or merchandise, except such as received by such person
as payment or part payment for new articles sold by him.
(Prior code § 6104.27)
"Soliciting" means and includes any person, firm or corporation
engaged in the business of going from house to house, or place to
place, other than commercial business houses, or at, on or along the
public streets, sidewalks or public places, selling or taking orders
for, or offering to sell or take orders for goods or for services
to be performed in the future, or for things of value to be delivered
in the future, or performing services which require further development,
consummation or completion elsewhere than at the place where performed.
(Prior code § 6104.28)
"Sound truck" means any motor vehicle, horse-drawn vehicle or
other vehicle having mounted thereon or attached thereto any sound-amplifying
equipment. The words "sound-amplifying equipment," as used in this
section, shall not be construed as including standard automobile radios
when used and heard only by occupants of the vehicle in which installed,
or warning devices on authorized emergency vehicles, or horns or other
warning devices on other vehicles used only for traffic safety purposes.
(Prior code § 6104.29)
"Taxicab driver" means an individual who drives or operates
a taxicab in which passengers are solicited or accepted for hire either
at a taxicab stand or elsewhere in the city.
(Prior code § 6104.30)
"Taxicab operator" means a person engaged in the business of
running, driving or operating one or more taxicabs and soliciting
or accepting passengers in such taxicab or taxicabs for hire, either
at a taxicab stand or elsewhere in the city.
(Prior code § 6104.30)
"Taxicabs" means a motor vehicle, as that term is defined in
the Vehicle Code, used for the transportation of passengers for hire,
when driven by the owner or by an agent of the owner at rate per mile,
per trip, per hour, per day, per week, per month, or per other period
of time, which vehicle is routed under the direction of the passengers
or other persons hiring such vehicle.
(Prior code § 6104.30)
"Theater" means any place containing a stage or other place
upon which fixed or moveable scenery or theatrical appliances are
used, or where musical, theatrical, vaudeville or similar performances
are given either to private patrons or guests or to public assemblages,
and where such theatrical or vaudeville show or review is the primary
or principal attraction of the place.
(Prior code § 6104.31)
A.
"Theaters
or places displaying moving, motion or still pictures" means any theater,
drive-in theater, bar, restaurant, cafe, coffee shop, drive-in restaurant,
cabaret, club, beer garden, beer hall, hotel, motel, dancehall or
dance studio where motion or still pictures are shown by projection
through electrical or mechanical means for the display or view of
the public guests or patrons and for which a fee is charged or collected
or received, or as an attraction or inducement to enter or remain
in any such place, whether or not the main or principal attraction
of such place, excepting, however, the following:
1.
Display
of such film in a private residence for the occupants or guests thereof;
2.
Occasional
and incidental display of such film by any group or organization formed
for educational or civic or fraternal or religious or veteran or charitable
purposes at any meeting thereof for the entertainment or education
of members or guests;
3.
Occasional
and incidental display of such film by any governmental, educational,
industrial, manufacturing, business or scientific establishment or
group at any meeting thereof for the entertainment, education or training
of employees or members or guests;
4.
Display
of such film by means of television transmission under license, franchise
or regulation of federal, state or local government.
B.
"Occasional and incidental use," as used in this section, means and has reference to the use or display of such film by such organization for members, employees and guests as aforementioned in connection with and only incidental to the other purposes of such organizations, and where the use thereof is not so regulated as to require, for the protection of the public health, safety and welfare, the regulations provided in Chapter 5.62 of this title.
(Prior code § 6104.31a)
"Vending machine" means and includes any machine vending merchandise,
wares, edibles or liquids, whether bottled or otherwise, and where
operated by inserting therein a coin or coins.
(Prior code § 6104.32)
