A. The
businesses referred to and for which a license is required in this
chapter shall be and the same are defined as set forth in this section
and shall mean and include all the businesses and operations so defined
and any business or operation conducted for profit or compensation
similar, kindred or related to those specifically included in such
definitions and for which a business license fee is not specifically
required under any other section of this title.
B. The
operations for which license fees are required under this chapter
are more particularly defined as follows:
Amusement, Music Boxes and Mechanical Devices, Including Remote
Control Machines.
Any person engaged in the business of maintaining any amusement
machine, apparatus or device designed or constructed for the purpose
of producing or reproducing or playing any musical tone or tones or
combination of tones, or any similar instrument, recording device,
music box, juke box, motion picture or photograph machine, or any
other mechanical device displaying pictures or emitting music or furnishing
entertainment for the amusement of the public maintained for entertainment
and amusement purposes only and not contrary to any state law, the
provisions of this code, or city ordinance, and requiring for its
operation the insertion of any coin, plate, disk, token, key, or the
payment of any fee therefor.
"Auctioneers"
means any person not having a fixed place of business in
the city engaged in selling at auction any real estate, goods, wares,
materials or merchandise or any similar, kindred or related things,
for which a license fee is not specifically required under any section
of this chapter, providing that no additional fee shall be required
of any person otherwise licensed to do business in the city personally
carrying on any auction sale in the regular course of his or her business.
"Canvassers," "solicitors" and "peddlers"
means any person not operating from or connected with a fixed
place of business paying a license fee in the city and engaged in
the business of going from house to house or place to place or along
the public streets or public places of the city soliciting business
of any kind or character, including selling or taking orders for or
offering to sell or take orders for materials, photographs, commodities,
goods, wares, demonstrators or merchandise or other things of value
for future delivery or for services to be performed immediately or
in the future.
"Handbill distributors"
means any person engaged in the business for hire or gain
of distributing commercial or noncommercial handbills, other than
newspapers maintaining a fixed place of business in the city and which
newspapers pay a license fee under any other provision of this title
and any person receiving compensation directly or indirectly for the
distribution of such handbills; provided, that no license fee shall
be charged for the distribution of any noncommercial handbill, the
principal purpose of which is to disseminate information relating
to any political, economic, religious, philosophical, sociological
or related subjects and not connected with any commercial enterprise.
"Itinerant street vendors"
means any person not having a regularly established place of business for the conducting of which a license is required pursuant to other provisions of this title, and engaged in the business of vending, selling, or offering for sale, any confections, food, fruits, vegetables, flowers, notions, magazines, mechanical devices or appliances or any other goods, wares or merchandise from any stand or doorway located adjacent to any street, alley or other public place or adjacent to any enclosed vacant lot or parcel of land. It does not include vendors participating in a licensed farmer's market or arts and crafts fair as defined in Section
5.04.010 of this title.
"Public card room"
means any person conducting, managing or carrying on any
public card room where games of any kind are played with cards, exempting,
however, all fraternal organizations and labor unions.
"Transient house-to-house personal and miscellaneous services"
means any personal service as the same is ordinarily and
commonly used and understood, wherein individuals, either by appointment
or call or otherwise, go from house to house or place to place rendering
personal or other service for compensation and shall include services
rendered by barbers, beauticians, cosmeticians, manicurists, hairdressers,
etc., tool or cutlery grinders, dressmakers, tailors, cobblers and
any person engaged in rendering any service to the person or personal
or miscellaneous services similar, kindred or related to any of those
enumerated in this section not prohibited by law and for which a license
fee is not specifically required under any other section of this chapter;
provided, that any person maintaining a fixed place of business in
the city for rendering personal services and paying a license fee
therefor shall not be required to pay any further license fee under
the provisions of this chapter.
"Vehicular street advertising"
means the business of advertising commercial enterprises
of any character or for any purpose, carried on by means of any vehicle
traversing the public streets.
C. The businesses, occupations, trades and callings referred to and for which a license is required under subsection
B of Section
5.16.020 shall cover all operations and activities named under the group and ordinarily included in the usual and ordinary meaning of the terms used in this chapter.
It is unlawful and a misdemeanor for any person to initiate
any of the activities set forth in subsection (B)(3) above in any
R-zoned districts between the hours of eight p.m. and ten a.m.
|
(Prior code § 11-43; Ord. 953 § 2, 1993; Ord.
1273 § 2, 2004)
Any person managing, conducting or carrying on in the city any business, calling or operation, or rendering any of the services set forth in this chapter and as defined in Section
5.12.010, and maintaining a fixed place of business therein, shall pay the license fee set opposite the name of such business, calling or operation in accordance with the schedules set forth in the following subsections of this section, which fees are intended to and shall be collected for the purpose of raising revenue for the city and for the purpose of regulating such business, calling or operation for the protection of the public health, morals, safety and general welfare.
A. Requiring
Certificate of Compliance from Police Chief.
1.
a. Canvassers, solicitors and peddlers, three hundred dollars per year,
or, at the option of the licensee, thirteen dollars per day for each
person so engaged;
b. Itinerant street vendors, handbills distributors, three hundred seventy-five
dollars per year, or, at the option of the licensee, sixteen dollars
per day for each person so engaged;
c. Vehicular street advertising, four hundred fifty dollars per year,
or, at the option of the licensee, twenty-five dollars per day;
d. Klieg lights, one hundred fifty dollars per year or thirteen dollars
per day;
e. Transient house-to-house personal and miscellaneous services, three
hundred dollars per year, or, at the option of the licensee, thirteen
dollars per day for each person so engaged;
f. Amusement-music boxes and mechanical devices, including remote control
machines operated from a central station; machines or games for skill
or amusement that require or involve the deposit or payment of a slug
or coin and any vending machines; vending machines or games operated
mechanically or otherwise in which slugs or coins are deposited and
in addition to vending or discharging merchandise make any display
other than the merchandise offered for sale or which emit anything
whether of value or not in addition to merchandise, if the annual
gross receipts are:
At Least
|
But Less Than
|
License Fee
|
---|
$ 0.00
|
$ 499.00
|
$ 15.00
|
500.00
|
4,999.00
|
30.00
|
5,000.00
|
14,999.00
|
45.00
|
15,000.00
|
29,999.00
|
55.00
|
30,000.00
|
44,999.00
|
63.00
|
45,000.00
|
99,999.00
|
100.00
|
100,000.00
|
199,999.00
|
150.00
|
200,000.00
|
399,999.00
|
200.00
|
400,000.00
|
799,999.00
|
250.00
|
800,000.00 and over
|
|
313.00
|
2. No
license shall be issued covering any of the businesses, trades, callings
or occupations included in this subsection until the applicant has
furnished the police chief a sufficient statement setting forth the
following, and the police chief has issued and delivered to the city
clerk a certificate of compliance with the provisions of this section:
a. Name and address of applicant;
b. Type of business for which license is required;
c. Name and address of person represented by applicant;
d. Letter authorizing applicant to represent such person;
e. Proposed route of applicant's operations;
f. Any convictions for violation of any law;
g. Name and address of persons by whom applicant has been employed for
the past five years;
h. Fingerprints of applicant;
i. Names addresses of three responsible persons who have known applicant
for more than three years.
3. If, in the judgment of the police chief the representations made in the statement or his or her investigation of the applicant discloses that the granting of the license applied for may be detrimental to the public peace, morals, health, safety or general welfare or that the applicant is not of good moral character or has been convicted of any violation of law involving moral turpitude, he or she shall recommend to the city clerk that the license shall not be issued until a permit therefor has been granted by the city council and the city clerk shall thereupon require the applicant to file an application for the permit, as required in Section
5.08.020, and the entire matter shall then be referred to the city council.
4. No
certificate of compliance shall be issued to an applicant for a permit
to operate or maintain a vending machine for cigarettes or other tobacco
products within the city, excepting therefrom any cigarette machine
located in any business premises from which minor persons are excluded
by law.
5. All
permits for vending machines for cigarettes or other tobacco products
are null and void as of January 6, 1977.
B. Requiring
Permit From the Planning Commission. In addition to any land-use permit
required by this code the following businesses shall require a permit
from the planning commission and pay the fee set forth herein.
1.
a. Bowling alleys, pool and billiard halls, amusement arcades, commercial
amusements, ice and roller skating rinks: two hundred fifty dollars
per year;
b. Theaters maintaining a fixed place of business in the city: six hundred
eighty-eight dollars per year;
c. Public card rooms: three hundred seventy-five dollars per quarter
plus two hundred fifty dollars per quarter for each additional table
in excess of three tables;
d. Hospitals, sanitariums, rest homes, mortuaries and funeral parlors:
gross receipts of five thousand dollars or less, sixty-three dollars
per year plus seventy-five cents for each additional one thousand
dollars of gross receipts;
e. Animal hospitals, kennels, and boarding stables, bathhouses, massage
parlors, pawnbrokers, watchman: gross receipts of three thousand dollars
or less, sixty dollars per year, plus one dollar and twenty-five cents
for each additional one thousand dollars of gross receipts;
f. Junk dealers or collectors, secondhand dealers, automobile wrecking
yards: one hundred twenty-five dollars per year;
g. Mobile home parks, sixty-three dollars per year, plus two dollars
and fifty cents per one thousand dollars of annual gross receipts.
2. Except for fortunetelling, no license certificate shall be issued for any businesses, callings or operations included in this subsection until an application for a permit therefor has been filed with the city clerk in accordance with the provisions of Chapter
5.08 of this code and until the city council has authorized such permit to be issued to the applicant.
C. Requiring
Permit From the Director of Community Development. In addition to
any land-use permit required by this code the following businesses
shall require a permit for the director of community development or
designee and pay the fee set forth herein.
1. Circuses:
Where seating capacity is four thousand persons or less, five hundred
dollars for the first day and three hundred seventy-five dollars per
day for each additional day; where seating capacity is more than four
thousand persons, seven hundred fifty dollars for the first day and
two hundred fifty dollars per day for each additional day;
2. Carnivals,
tent theaters, animal shows temporary entertainment under tent or
temporary structure: three hundred seventy-five dollars for the first
day, one hundred twenty-five dollars per day for each additional day;
3. Automobile
parking lots: twenty-five dollars per year, plus two dollars and fifty
cents for each one thousand square feet of rental space;
4. Rummage
sales: three hundred dollars per year, or, at option of licensee,
one hundred dollars per quarter, or thirteen dollars per day;
5. Taxicab
and ambulance service: sixty-three dollars per year for each vehicle
or, at the option of the licensee, six dollars and twenty-five cents
per quarter.
D. Requiring
Permit From the Police Chief. In addition to any land-use permit required
by this code the following businesses shall require a permit from
the police chief and pay the fee set forth herein.
1. Private
police and detective agencies: gross receipts of three thousand dollars
or less, sixty dollars per year, plus one dollar and twenty-five cents
for each additional one-thousand dollars or gross receipts;
2. Fortune
telling: three hundred seventy-five dollars per year.
(Prior code § 11-44; Ord. 792 § 1, 1988; Ord.
893 §§ 3, 4, 1990; Ord. 901 §§ 1, 2, 1991; Ord. 1247 §§ l, 2, 2003)