Title 5
BUSINESS LICENSES, TAXES AND REGULATIONS*
Chapters:
DIVISION I. BUSINESS LICENSE TAX
5.04 General Provisions
5.08 Administration
5.12 License Requirements and Exemptions
5.16 Application and Issuance
5.20 License Fees
5.24 Enforcement and Penalties
DIVISION II. BUSINESS REGULATIONS
5.28 Auto Wrecking Business
5.32 Bingo Games
5.36 Circuses and Carnivals
5.40 Cable Television Regulations
5.44 Mechanical Amusement Devices
5.48 Motor Vehicle Fuel Prices
5.52 Outdoor Advertising
5.56 Pawnbrokers
5.60 Public Dances
5.66 Storage of Automobiles Under Repair
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NOTE: Footnotes are numbered throughout the text and are located at the end of this title.
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DIVISION I.
BUSINESS LICENSE TAX
Chapter 5.04
GENERAL PROVISIONS
Sections:
ARTICLE I. GENERAL PROVISIONS
5.04.010 Revenue measure.
5.04.020 Effect on other ordinances or chapters.
ARTICLE II. DEFINITIONS
5.04.030 Business.
5.04.040 City.
5.04.050 Conducting.
5.04.060 Contractor.
5.04.070 Day.
5.04.080 Employee.
5.04.090 Fiscal year.
5.04.100 Fixed place of business.
5.04.110 Gross receipts.
5.04.120 License collector.
5.04.130 Person.
5.04.140 Vehicle.
ARTICLE I. 5.04.010 Revenue measure.
The ordinance codified in Chapters 5.04 through 5.24 is enacted solely to raise revenue for municipal purposes, and is not intended for regulation.
(Ord. 232 § 3-5, 1977).
5.04.020 Effect on other ordinances or chapters.
Persons required to pay a license tax for transacting and carrying on any business under Chapters 5.04 through 5.24 shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance or chapter of the city, and shall remain subject to the regulating provisions of other ordinances.
(Ord. 232 § 3-6, 1977).
ARTICLE II. 5.04.030 Business.
"Business," wherever used in Chapters 5.04 through 5.24, means and includes professions, trades, occupations and all and every kind of calling carried on for profit or livelihood.
(Ord. 232 § 1-1, 1977).
5.04.040 City.
"City" means the city of Brisbane.
(Ord. 232 § 1-8, 1977).
5.04.050 Conducting.
"Conducting" shall be defined as and include the act of conducting, managing or carrying on a certain business or occupation.
(Ord. 232 § 1-2, 1977).
5.04.060 Contractor.
"Contractor" includes any person who shall do any type of construction work for an agreed price, or who holds himself out to the public as in such business, or who erects, constructs, alters or repairs any building or structure for the purpose of selling or renting the same, and who does not employ therefor a regularly licensed person.
(Ord. 232 § 1-3, 1977).
5.04.070 Day.
"Day" means calendar\day unless otherwise specified.
(Ord. 232 § 1-8.5, 1977).
5.04.080 Employee.
"Employee" means all persons engaged in the operation or conduct of any business, whether the owner, a member of the owner's family, partner, agent, manager, solicitor and any and all other persons employed or working in the business.
(Ord. 232 § 1-4, 1977).
5.04.090 Fiscal year.
"Fiscal year" means the twelve-month period commencing January 1st and ending December 31st, both inclusive.
(Ord. 232 § 1-5, 1977).
5.04.100 Fixed place of business.
"Fixed place of business" means a place of business regularly kept open, with someone in charge thereof for the transaction of the particular business engaged in during the hours customary to transact such business.
(Ord. 232 § 1-6, 1977).
5.04.110 Gross receipts.
"Gross receipts" includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act of service, or whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following:
A. Cash discounts allowed and taken on sales;
B. Credit allowed on property accepted as part of the purchase price and which property may later be sold;
C. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
D. Such part of the sale price of property returned by purchaser upon rescission of the contract of sale as is refunded either in cash or by credit;
E. 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, provided the agent or trustee has furnished the director of finance with the names and addresses of the others and the amounts paid to them;
F. That portion of the receipts of a general contractor which represent payments to subcontractors, provided that such subcontractors are licensed under Chapters 5.04 through 5.24, and provided the general contractor furnishes the director of finance with the names and addresses of the subcontractors and the amounts paid each subcontractor;
G. Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;
H. As to a real estate agent or broker, the sales price of real estate sold for the account of others, except that portion which represents commission or other income to the agent or broker;
I. As to retail gasoline dealer, a portion of his receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the state;
J. As to retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code if paid by the dealer or collected by him from the consumer or purchaser.
(Ord. 232 § 1-11, 1977).
5.04.120 License collector.
"License collector" means the finance director of the city.
(Ord. 232 § 1-7, 1977).
5.04.130 Person.
"Person" means any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
(Ord. 232 § 1-10, 1977).
5.04.140 Vehicle.
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A trailer shall be treated as a separate vehicle.
(Ord. 232 § 1-9, 1977).
Chapter 5.08 Sections:
5.08.010 License collector-Designated.
5.08.020 License collector-Authority to make rules and regulations. 5.08.030 License collector-Powers and duties.
5.08.040 Chief of police and police officers-Powers and duties.
5.08.050 City council approval'required prior to licensing of certain businesses.
5.08.010 License collector-Designated.
The finance director of the city is designated the license collector of the city.
(Ord. 232 § 2-1, 1977).
5.08.020 License collector-Authority to make rules and regulations.
The license collector may make any administrative rules and regulations not inconsistent with the provisions of Chapters 5.04 through 5.24 as may be necessary and desirable to aid in the enforcement of the provisions of Chapters 5.04 through 5.24.
(Ord. 232 2-3, 1977).
5.08.030 License collector-Powers and duties.
It shall be the duty of the license collector, his/her deputies, agents or employees, to administer Chapters 5.04 through 5.24 in accordance with the terms thereof. It shall be the duty of the license collector and he/she shall have the power regularly and promptly to require the licensing of all business and to cause the collection of the fees therefor and the prosecution of all persons violating any of the provisions of Chapters 5.04 through 5.24.
(Ord. 232 § 2-2(a), 1977).
5.08.040 Chief of police and police officers-Powers and duties.
The chief of police and all police officers shall have and exercise the power and it shall be their duty:
A. To make arrests for the violation of any of the provisions of Chapters 5.04 through 5.24;
B. To enter free of charge at any reasonable time any place of business for which a license is required, and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business; and
C. To require the holder of any fee license to write his signature for purposes of comparison with that appearing on the original license.
(Ord. 232 § 2-2(b), 1977).
5.08.050 City council approval required prior to licensing of certain businesses.
A. No license shall be issued by the city for the conducting of any of the businesses enumerated in this section until approval has first been obtained from the city council granting the applicant the right to so conduct such businesses; such businesses requiring city council approval shall be as follows:
1. Amusement concessions;
2. Boardinghouses;
3. Bowling alleys;
4. Cabarets;
5. Carnivals;
6. Circuses;
7. Dog kennels;
8. Exhibitions;
9. Fairs;
10. Lodginghouses;
11. Pool halls;
12. Public dances and public dancehalls;
13. Secondhand dealers or collectors;
14. Shooting galleries and rifle ranges;
15. Skating rinks;
16. Theaters;
17. Public baths;
18. Any other business similar in nature which might be dangerous to or affect the public morals, health, peace or safety or be dangerous to surrounding property.
B. Whenever any person desires to open or keep open any business specified in this section, he shall petition the city council to order a license therefor, which petition shall set forth the name of the applicant, the character of the business and the location of the premises where the business is to be conducted. On the hearing of such petition, the city council may grant the same in whole or in part, or may reject the same, and no license shall be issued thereon, except as ordered by the city council.
(Ord. 232 § 9-1, 1977).
Chapter 5.12 Sections:
5.12.010 License required.
5.12.020 Separate licenses required for branch establishment.
5.12.030 Exemption-Newspapers.
5.12.040 Exemption-Charitable and nonprofit organizations.
5.12.050 Exemption-Public utilities.
5.12.060 Exemption-Interstate commerce.
5.12.070 Exemption-Cafe musicians and real estate auctioneers.
5.12.080 Exemption-Veterans.
5.12.010 License required.
It is unlawful for any person, whether for himself/herself or for any other person, to commence or carry on any business in the city without first having procured a license from the city so to do, or without complying with Chapters 5.04 through 5.24.
(Ord. 232 § 3-1, 1977).
5.12.020 Separate licenses required for branch establishment.
A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each separate unrelated type of business at the same location, and each license shall authorize the licenses to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of Chapters 5.04 through 5.24 shall not be deemed to be separate places of business or branch establishments.
(Ord. 232 § 3-2, 1977).
5.12.030 Exemption-Newspapers.
The provisions of Chapters 5.04 through 5.24 shall not apply to the publication and sale of newspapers intended primarily for the dissemination of news, having a bona fide list of subscribers residing within the city and published at regular intervals of not less than once per month.
(Ord. 232 § 8-1, 1977).
5.12.040 Exemption-Charitable and nonprofit organizations.
The provisions of Chapters 5.04 through 5.24 shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by an individual; nor shall any license tax be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the city whenever the receipts of any such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition, or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual.
(Ord. 232 § 8-2, 1977).
5.12.050 Exemption-Public utilities.
Any public utility subject to regulation by the California Public Utilities Commission and making payment to the city under the terms of a franchise, or similar agreement, shall be exempt from the provisions of Chapters 5.04 through 5.24.
(Ord. 232 § 8-3, 1977).
5.12.060 Exemption-Interstate commerce.
Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in Chapters 5.04 through 5.24 upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the license collector, disclosing the interstate or other character of his business entitling such exemption. Such statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares, or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders, shall be attached to the application for the information of the license collector.
(Ord. 232 § 4-7, 1977).
5.12.070 Exemption-Cafe musicians and real estate auctioneers.
Provisions of Chapters 5.04 through 5.24 shall not be construed to require a regulatory license or impose a regulatory license fee with respect to cafe musicians to the extent that the city may be prohibited from doing so pursuant to Section 16000.5 of the California Business and Professions Code, nor shall Chapters 5.04 through 5.24 be construed to require a license fee for the privilege of auctioning real estate from any real estate auctioneer, whose business is limited exclusively to auctioning real estate, unless said auctioneer's permanent place of business is located in the city. This latter restriction pertaining to real estate auctioneers is intended to reflect the limitations imposed upon the city by Section 16002.1 of the California Business and Professions Code.
(Ord. 261 § 22, 1980: Ord. 232 § 8-4, 1977).
5.12.080 Exemption-Veterans.
Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in Chapters 5.04 through 5.24 upon the ground that he is an honorably discharged or released soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor and who is a qualified elector of the state, as provided or hereafter to be provided by Section 16001 of the Business and Professions Code or other law of the state, shall in addition to the information required by Chapter 5.16 also file with the license collector a certificate of a regularly licensed and practicing physician dated within a month of the application, to the effect that the applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of the incapacitation.
(Ord. 232 § 4-8, 1977).
Chapter 5.16 Sections:
5.16.010 Application required.
5.16.020 Statements-Original licenses.
5.16.030 Statements-Renewal license.
5.16.040 Statements-Conclusiveness-Information confidential.
5.16.050 Statements-Failure to file.
5.16.060 License-Issuance.
5.16.070 License-Form.;aoh5;
5.16.080 License-Posting or carrying required.
5.16.090 License-Transferability.
5.16.100 License-Issuance of duplicate when lost.
5.16.110 Affidavits, statements or certificates not conclusive.
5.16.120 License– Revocation.
5.16.130 Appeal to council.
5.16.140 Decisions final.
5.16.150 Administering oaths.
5.16.160 Serving of notices.
5.16.010 Application required.
Every person required to have a license under the provisions of Chapters 5.04 through 5.24 shall make application for the same to the license collector.
(Ord. 232 § 4-1, 1977).
5.16.020 Statements-Original licenses.
A. Upon a person making application for the first license to be issued pursuant to Chapters 5.04 through 5.24 or for a newly established business, in all cases where the amount of the license tax to be paid is measured by gross receipts, such person shall furnish to the license collector for his ascertaining the amount of license tax to be paid by the applicant, a written statement, upon a form provided by the license collector, sworn to before a person authorized to administer oaths, setting forth such information as may be required, and as may be necessary to determine the amount of the license tax to be paid by the applicant.
B. If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate if accepted by the license collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, that the amount of the license tax so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the license collector with a sworn statement upon a form furnished by the license collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by Chapters 5.04 through 5.24 for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment found to be due the amount paid at the time such first license was issued.
C. The license collector shall not issue to any such person another license for the same or any other business until such person shall have furnished to him the written statement and paid the license tax as required in Chapters 5.04 through 5.24.
(Ord. 232 § 4-2, 1977).
5.16.030 Statements-Renewal license.
In all cases the applicant for the renewal of a license under Chapters 5.04 through 5.24 shall submit to the license collector, for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by the license collector, written under penalty of perjury or sworn to before a person authorized to administer oaths, setting forth such information concerning the applicant's business during the preceding year as may be required by the license collector to enable him to ascertain the amount of the license tax to be paid by such applicant pursuant to the provisions of Chapters 5.04 through 5.24.
(Ord. 232 § 4-3, 1977).
5.16.040 Statements-Conclusiveness-Information confidential.
A. No statements made pursuant to Chapters 5.04 through 5.24 shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable under Chapters 5.04 through 5.24. Such statement and each of the several items therein contained shall be subject to audit and verification by the license collector, his deputies or authorized employees of the city, who are authorized to examine, audit and inspect such books and records of a licensee or applicant for a license, as may be necessary in their judgment to verify or ascertain the amount of license tax due.
B. All licensees, applicants, for licenses and persons engaged in business in the city are required to permit an examination of such books and records for the purpose of Chapters 5.04 through 5.24.
C. The information furnished or secured pursuant to this chapter shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a violation of this code.
(Ord. 232 § 4-4, 1977).
5.16.050 Statements-Failure to file.
If any person fails to file any statement required under this chapter within the time prescribed, or, if within five (5) working days after demand therefor made by the license collector he fails to file a corrected statement, the license collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain. If such a determination is made, the license collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at the city, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen (15) days after the mailing or serving of such notice, make application in writing to the license collector for a hearing on the amount of the license tax. If such application is made, the license collector shall cause the matter to be set for hearing within five (5) working days, before the city council. The license collector shall give at least ten (10) days' notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The city council shall consider all evidence produced, and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment.
(Ord. 232 § 4-5, 1977).
5.16.060 License-Issuance.
All applications for the issuance of a license are to be referred to the license collector of the city, and he shall have the power in the first instance to determine the merits of such applications and to approve or reject same. If he finds that the application should be approved, he shall issue to the applicant a license. If, after investigation, the license collector determines that the license if issued would violate the provisions of Chapters 5.04 through 5.24, the license will not be issued. Said refusal shall be in writing directed to the applicant with a copy to the city council, setting forth in general the reason for the refusal. The applicant shall have the power of appeal to the city council, as provided in Section 5.16.130.
(Ord. 232 § 4-6, 1977).
5.16.070 License-Form.
Every person required to have a business license under Chapters 5.04 through 5.24 shall make application for the same to the license collector of the City, and upon payment of the prescribed fee, the license collector shall make the necessary investigation following which he shall issue, where appropriate, a license to the person which shall contain:
A. The name of the person to whom the license is issued;
B. The business licensed;
C. The place where such business is to be carried on;
D. The date of the expiration of such license;
E. The receipt for the amount of money paid for said license; and
F. Such other information as the license collector shall determine.
(Ord. 232 § 5-1, 1977).
5.16.080 License-Posting or carrying required.
A. Every person having a license under the provisions of Chapters 5.04 through 5.24, and carrying on a business at a fixed place of business, shall keep such license posted and exhibited while in force, in some conspicuous part of the place of business.
B. Every person having such license, and not having a fixed place of business, shall carry such license or permit with him at all times while conducting the business for which the license or permit was issued.
(Ord. 232 § 4-17, 1977).
5.16.090 License-Transferability.
No license or permit issued under any provision of Chapters 5.04 through 5.24 shall be in any manner transferred or assigned, or authorize any person other than the person named in the license, to carry on the business therein named, or to transact such business in any place other than the place or location therein named, without the written consent of the city council endorsed thereon. At the time such license or permit is assigned or transferred, or the place or location for the carrying on of such business is changed, the person applying for such transfer or change shall pay to the license collector a fee of five dollars ($5.00) for each assignment or transfer.
(Ord. 232 § 4-18, 1977).
5.16.100 License-Issuance of duplicate when lost.
The license collector shall make a charge of five dollars ($5.00) for each duplicate license issued to replace any license issued under the provisions of Chapters 5.04 through 5.24, which has been lost or destroyed; the applicant shall make satisfactory proof of such loss.
(Ord. 232 § 4-16, 1977).
5.16.110 Affidavits, statements or certificates not conclusive.
No affidavit, statement or certificate required under any provision of Chapters 5.04 through 5.24 shall be conclusive upon the City or any department, bureau, officer or agent thereof. Whenever the license collector has reason to believe that such affidavit, statement or certificate does not set forth the true facts required by Chapters 5.04 through 5.24, the license collector may withhold the issuance of a license therefor until such time as the applicant furnishes satisfactory evidence of the truth of such statement, affidavit or certificate.
(Ord. 232 § 4-10, 1977).
5.16.120 License– Revocation.
If the license collector has reason to believe that any such statement, affidavit or certificate upon which any license or permit has been issued does not set forth the true facts called for under this chapter, and if within five (5) days after demand had been made therefor the true facts are not furnished, the license collector shall have the power to issue an order to show cause based upon five (5) days' written notice to such licensee, at a time and place fixed in the notice, why the license shall not be revoked, or why a fee, to be determined by the license collector, and specified in the notice, should not be fixed for the licensee. The license collector shall have full power to hear the matter and his determination thereof shall be subject to review by the city council and the applicant shall be entitled to appeal the determination of the matter to the city council.
(Ord. 232 § 4-11, 1977).
5.16.130 Appeal to council.
The licensee may appeal in writing to the council within ten (10) days after the rejection of any application or permit by the license collector. The council shall forthwith set the matter for hearing and cause notice of the time and place thereof to be given to the applicant not less than five (5) days prior to the hearing. At the hearing the applicant shall appear and offer evidence in support of his application. At the hearing, the council shall have power to confirm, modify, or correct the determination of the license collector in any regard, and, if proper showing is made entitling the application to a license or permit, shall determine the proper fee to be charged and shall forthwith give written notice to the licensee of the determination and the amount of the fee.
(Ord. 232 § 4-12, 1977).
5.16.140 Decisions final.
A. The decision of the license collector in the absence of an appeal to the city council, and the decision of the city council, in an appeal, shall be final and conclusive upon any and all persons affected thereby. Any fee finally determined shall be due and payable, together with any penalties that may .be due thereon; provided, however, that if the fee shall be fixed in accordance with the original statement of the licensee, then no penalty shall attach to such fee by reason of any delinquencies.
B. If any such license shall have been revoked, neither the holder thereof, nor any person acting for him directly or indirectly, shall be entitled to another license to carry on the same or any similar business within the city unless the application for such license is approved by the city council. If the city council approves the application for such license, further license applications may be made directly to the license collector.
(Ord. 232 § 4-13, 1977).
5.16.150 Administering oaths.
The license collector and the council shall have the power to administer oaths, certify to all official acts and issue subpoenas for and to require the attendance of witnesses and the production of records and documents upon any hearing provided under Chapters 5.04 through 5.24. The license collector shall have the power to administer oaths in the execution of any affidavit, statement or certificate herein required.
GENERAL PROVISIONS
DEFINITIONS
ADMINISTRATION
LICENSE REQUIREMENTS AND EXEMPTIONS
APPLICATION AND ISSUANCE
| Over | But Not More Than | Business License Tax Shall Be |
| $ 0 | $ 50,000 | $ 50 |
| 50,000 | 75,000 | 75 |
| 75,000 | 100,000 | 100 |
| 100,000 | 150,000 | 125 |
| 150,000 | 250,000 | 150 |
| 250,000 | 350,000 | 175 |
| 350,000 | 450,000 | 200 |
| 450,000 | 550,000 | 225 |
| 550,000 | 700,000 | 250 |
| 700,000 | 1,000,000 | 300 |
| 1,000,000 | 1,500,000 | 350 |
| 1,500,000 | 2,000,000 | 400 |
If Gross Receipts Are:
| Over | But Not More Than | Business License Tax Shall Be |
| $ 2,000,000 | $ 3,000,000 | $ 500 plus 20¢ per $1,000 or fraction thereof over $2,000,000 and up to $3,000,000 |
| 3,000,000 | 4,000,000 | 700 plus 15¢ per $1,000 or fraction thereof over $3,000,000 and up to $4,000,000 |
| 4,000,000 | 5,000,000 | 850 plus 10¢ per $1,000 or fraction thereof over $4,000,000 and up to $5,000,000 |
| 5,000,000 | 10,000,000 | 1,050 plus 5¢ per $1,000 or fraction thereof over $5,000,000 and up to $10,000,000 |
| 10,000,000 | 1,300 plus 4¢ per $1,000 or fraction thereof over $10,000,000 |
B. Tax Based Upon Number of Employees. Notwithstanding the provisions of subsection A of this section, every person manufacturing any goods, wares, or merchandise; any person engaged in the business of operating any warehouse for the storage of wholesale or retail goods, wares or merchandise; or any person whose administrative headquarters are within the boundaries of the city, shall pay an annual business license tax that is the greater of the sum that would be due under subsection A of this section, or that would be due under the following schedule:
$18.00 for first person employed– or $18.00 per 1 employee
9.00 per person, next 19 persons employed– or $189.00 per 20 employees
4.50 per person, next 80 persons employed– or $549.00 per 100 employees
3.75 per person, next 100 persons employed– or $924.00 per 200 employees
2.25 per person, for every person employed over 200 persons.
C. Storage Facilities. Any person engaged in the business of operating, leasing, supplying or providing storage facilities not covered in subsection B of this section, shall pay an annual business license tax that is the greater of $.10 per square foot of storage space, or that which would be due under subsection A.
D. Rental of Commercial or Residential Property. Every person engaged in the business of operating rental units, whether they be used for commercial or residential purposes, shall pay as an annual business license tax the sum that would be due under subsection A of this section, except that in the case of residential rental, such an annual business license tax will not be levied upon the gross receipts from any property with less than five (5) units.
(Ord. 290 § 1(part), 1983: Ord. 232 § 7-1, 1977).
5.20.015 Special tax for capital improvements.
A. Designation of Special Tax. The special tax imposed by this section shall be known and designated as the capital improvement tax.
B. Definitions of Capital Improvement and Capital Improvement Project. As used in this section, the following terms shall have the meanings set forth below:
1. The term "capital improvement" means any asset having an acquisition, construction, or installation cost of twenty-five thousand dollars ($25,000.00) or more and a useful life of ten (10) years or more, as shown on the financial records of the city.
2. The term "capital improvement project" means any capital improvement financed, in whole or in part, with proceeds of the capital improvement tax.
C. Use of Special Tax. The proceeds of the capital improvement tax shall be utilized only for the acquisition, construction, installation, maintenance, repair, and replacement of capital improvements owned, or to be constructed or acquired by the city. Such proceeds shall be allocated each fiscal year to specific capital improvement projects identified in the city's annual budget, subject to adjustments as may be approved from time to time during the fiscal year by resolution of the city council.
D. Accounting and Annual Report. All proceeds of the capital improvement tax shall be accounted for in a separate capital improvement tax fund, which is hereby established as part of the city's financial records. Disbursements from the capital improvement tax fund shall only be made for payment of costs related to capital improvement projects. Not later than March 1st of each year, the city's director of administrative services shall submit an annual report to the city council showing the total amount of capital improvement tax proceeds deposited to the capital improvement tax fund during the preceding fiscal year, the nature and amount of expenditures from said Fund during the preceding fiscal year, and the current status of each capital improvement project being financed by such disbursements.
E. Application of Special Tax. The capital improvement tax shall be imposed upon every person who is taxed under subsection 5.20.010(A) of this chapter, having annual gross sales or gross receipts in excess of ten million dollars ($10,000,000.00). The capital improvement tax shall be in addition to any amount that may be payable by that person as a general business license tax pursuant to subsection 5.20.010(A) of this chapter and shall be paid at the same time and along with payment of the general business license tax. Persons having annual gross sales or gross receipts of ten million dollars ($10,000,000.00) or less shall be exempt from the capital improvement tax.
F. Calculation of Capital Improvement Tax. The special tax shall be seven and one-half cents (7½ ¢) per one hundred dollars ($100.00) or fraction thereof of the annual gross sales or gross receipts of every person who is subject to the capital improvement tax, reduced by the amount of general business license tax payable by such person pursuant to subsection 5.20.010(A) of this chapter.
G. Credit For Sales Tax Received by the City. The annual amount of capital improvement tax payable by any person shall be reduced by the amount of sales or use tax received by the city attributable to such person during the same calendar year (the "sales tax credit"). In the event the sales tax credit for any single year exceeds the capital improvement tax payable by that person for the same year, the excess sales tax credit shall be applied toward reduction of the general business license tax payable by that person pursuant to subsection 5.20.010(A) of this chapter for the same year, but in no event shall the general business license tax be reduced below the minimum payment of one thousand three hundred dollars ($1,300.00).
H. Limit on Total Amount of General and Special Business License Taxes. The total amount of the general business license tax payable by any person pursuant to subsection 5.20.010(A) of this chapter plus the capital improvement tax payable by that person, as calculated in accordance with subsections 5.20.015(f) and 5.20.015(g) of this section, shall in no event exceed the following limit:
1. Ten thousand dollars ($10,000.00) for the calendar year 2009;
2. Twenty-two thousand five hundred dollars ($22,500.00) for the calendar year 2010;
3. Thirty-five thousand dollars ($35,000.00) for the calendar year 2011.
4. For the calendar year beginning on January 1, 2012, and on January 1st of each calendar year thereafter (the "adjustment date"), the limit shall be thirty-five thousand dollars ($35,000.00), plus an amount obtained by multiplying thirty-five thousand dollars ($35,000.00) by a fraction, the numerator of which shall be the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, All Items, for the San Francisco-Oakland Statistical Area ("CPI") published nearest to the adjustment date, and the denominator of which shall be the CPI published nearest to January 1, 2011.
Where the combined total of the general business license tax and the capital improvement tax exceeds the applicable limit set forth above, the excess shall be deducted from the Capital Improvement Tax and not the general business license tax.
a. Administrative Regulations. The city's director of administrative services is authorized to adopt rules and regulations for implementation of this section, consistent with the provisions hereof. Any decision or determination of the director with regard to the adoption or application of such rules and regulations may be appealed to the city manager and any ruling by the city manager may be further appealed to the city council. Appeals to the city manager or the city council shall be made by filing a notice of appeal with the city clerk within thirty (30) days after the date on which the final decision or determination is made by the director of administrative services or the city manager, as the case may be. The notice of appeal shall set forth the grounds of the appeal and may be accompanied by any documents the appellant intends to submit in support of the appeal.
(Ord. No. 535, § 1, 11-4-08)
5.20.020 Delivery by vehicle.
Every person not having a fixed place of business within the city, and not being otherwise licensed in Chapters 5.04 through 5.24, who regularly delivers goods, wares, or merchandise of any kind by vehicle or who provides any service by the use of vehicles in the city, shall pay a license tax of thirty dollars ($30.00) annually; provided, that any such person may elect to pay a license tax under Section 5.20.010, measured by gross receipts from business done within the city.
(Ord. 232 § 7-2, 1977).
5.20.030 Itinerant vendors.
Every person engaged in the business or occupation of any itinerant vendor shall pay a license tax of twenty-five dollars ($25.00) per day in advance. "Itinerant vendor" means and includes all persons, both principal and agent, who engage in a temporary
and transient business in the city, selling goods, wares and merchandise with the intention of continuing the business in the city for a period of not more than ninety (90) days, and who, for the purpose Of carrying on such business, hires, leases or occupies any room, building, or structure for the exhibition or sale of such goods, wares or merchandise, or from which room, building, or structure the sales shall be made or business solicited by means of samples or delivery from house to house. The person or firm so engaged shall not be relieved from the provisions of this section by reason of this section by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such temporary or transient business in connection with, or as a part of, or in the name of any local dealer, trader, merchant or auctioneer. The provisions of this section shall not apply to commercial travelers or selling agents selling their goods to dealers, whether selling for present or future deliveries, by sample or otherwise, nor to hawkers on the street, nor peddlers from vehicles, not to persons selling fruit, vegetables, butter, eggs, or other fruits or ranch products.
(Ord. 232 § 7-3, 1977).
5.20.040 Peddlers, hawkers and street vendors.
A. Every person carrying on the business of a peddler of any goods, wares or merchandise shall pay a license tax of twenty-five dollars ($25.00) per day in advance.
B. For the purpose of this section, a "peddler" is defined to be and includes every person not having a regularly established place of business in the city, who travels from place to place, or has a stand upon any public street, alley or other public place, doorway of any building, uninclosed or vacant lot, or parcel of land, who sells or offers for sale any goods, wares or merchandise in his possession.
(Ord. 232 § 7-4, 1977).
5.20.050 Solicitors.
A. Every person conducting the business of solicitor shall pay a quarterly license tax of twenty-five dollars ($25.00) in advance. This section shall not apply to persons engaged in the business of solicitor when such persons are the employees of licensees engaged in such business.
B. For the purpose of this section, "solicitor" is defined to be one who engages in the business of going from house to house, place to place, or in or along the streets within the city, selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise, advertising, or other things of value for future delivery, or for services to be performed in the future.
(Ord. 232 § 7-5, 1977).
5.20.060 Contractors and related occupations.
A. Every person who engages in the business of contracting within the city shall pay a license tax of thirty-five dollars ($35.00) per quarter; provided, that any such person may elect to pay a license tax under Section 5.20.010, measured by gross receipts from business done within the city.
B. All specialty contractors engaging in the business of contracting within the city which require a state license as provided in Chapter 9, Subdivision 3 of the Business and Professions Code of the state shall pay a license tax of twenty-five dollars ($25.00) per quarter; provided, that any such specialty contractor may elect to pay a license tax under Section 5.20.010, measured by gross receipts from business done within the city.
(Ord. 232 § 7-6, 1977).
5.20.070 Handbill distributors.
Every person conducting the business of advertising by the distribution of handbills, circulars or other written or printed advertising material, not having a fixed place of business with the city, shall pay a semiannual license fee of one hundred fifty dollars ($150.00).
(Ord. 232 § 7-7, 1977).
5.20.080 Real estate broker.
Every licensed real estate broker conducting the business of selling or offering for sale any real property not owned by such person, which property is located within the city, but with no fixed place of business within the city shall pay a license fee of seventy-five dollars ($75.00) semiannually; provided, that any such real estate broker may elect to pay a license fee under Section 5.20.010, measured by gross receipts from business done within the city.
(Ord. 232 § 7-8, 1977).
5.20.090 Mediumship.
Every person who conducts, carries on, practices, or who professes to conduct, carry on, or practice the business or art of astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, or necromancy, and demands or receives a fee for the exercise or exhibition of his art therein, directly or indirectly, either as a gift, donation or otherwise, or makes an exhibition thereof at any place where admission is charged, shall pay a license fee of one hundred dollars ($100.00) per day.
(Ord. 232 § 7-9, 1977).
5.20.100 Garbage, trash, refuse disposal and refuse transfer station.
Every person conducting or carrying on the business of operating a garbage, trash or refuse dump or disposal site or refuse transfer station shall pay a license fee of twelve thousand dollars ($12,000.00) per year.
(Ord. 232 § 7-10, 1977).
5.20.110 Movie theaters.
Every person conducting or carrying on the business of operating a movie theater, theater, concert hall, auditorium, stadium, park, arena, racetrack, flea market, or other place of amusement or business where an admission charge is levied for the privilege of entering onto private property shall pay a weekly license fee as follows:
A. The license fee shall be twenty-five cents ($.25) for each person admitted over the age of twelve (12) years.
B. Such admission charge shall be determined exclusive of any applicable sales taxes, and shall not include refunds of admission charges.
C. On Monday of each week, the persons charging for admissions referred to in this section shall submit an accounting showing the number of paid admissions during the preceding week and such other information and in such form as shall be prescribed by the license collector. Said accounting shall be filed with the license collector and all moneys due the city thereunder shall be paid to the license collector each Monday for the preceding week. Should Monday fall on a holiday, the accounting and money due shall be payable on the next following workday.
D. Should the licensee fail to file the accounting and make payments as prescribed in this section, the license collector shall impose penalties as prescribed by Section 5.24.070. The license collector may institute license revocation proceedings as set forth in Section 5.16.120 for failure to make payments due under this section within five (5) days after demand.
(Ord. 238 § 1, 1978; Ord. 232 § 7-11, 1977).
5.20.120 Pawnbrokers.
All pawnbrokers and pawnbroker establishments shall pay an annual license fee of five thousand dollars ($5,000.00). The fee shall be paid in advance for each year or portion thereof prior to the issuance of the license.
(Ord. 232 § 7-12, 1977).
5.20.130 Circuses and carnivals.
All circuses and carnivals shall pay a business license fee of one hundred fifty dollars ($150.00) for the first day of operation, and fifty dollars ($50.00) for each day thereafter during the period of the permit as issued by the city council. The fee shall be paid in advance prior to the issuance of the license. The fee shall be in lieu of fees set forth in Section 5.20.110.
(Ord. 232 § 7-13, 1977).
5.20.140 Catering and ice cream vending trucks.
A. Fee. All businesses operating catering or ice cream vending trucks and vehicles shall pay a semiannual license fee of fifty dollars ($50.00). The fee shall be paid in advance for each year or portion thereof prior to the issuance of the license.
B. Permits. Prior to the operation of a catering or ice cream vending vehicle in the city, a permit must be obtained from the Brisbane police department approving hours of operation, routes, limitation of noise level and other matters determined by the chief of police, which may affect the health, safety or peace of the citizens of Brisbane. The chief of police or his designee may revoke the permit if the conditions thereon are violated or if the business operation becomes a nuisance. Any action of the chief of police in denying, revoking or setting conditions for the permit may be appealed within ten (10) days of the action to the city council for hearing and final determination.
C. Background Check for Ice Cream Vendors. The police department shall conduct a background search, including fingerprinting of all vendors of ice cream and other products sold from vehicles where the customers are primarily minors. There shall be a fee of twenty dollars ($20.00) payable in advance, for each background search and investigation of each driver or vendor. Upon good cause, the chief of police or his designee may refuse to issue a permit to operate the business within the city. The decision may be appealed to the city council as set forth in Section 5.16.130.
(Ord. 232 § 7-14, 1977).
5.20.150 Amusement concessions.
Every person conducting any amusement concession, not in conjunction with a carnival or fair, shall pay a license tax for each concession and device as follows:
A. Merry-go-round, ferris wheel, dodgem, swing or other mechanical device for the carrying of passengers, fifty dollars ($50.00) quarterly;
B. Ball and ring throwing games, spin-the-wheel, mechanical and electrical games, shooting gallery, keno, lotto, and other and similar games of chance; provided, and to the extent that, these games are otherwise permitted by state law, forty dollars ($40.00) quarterly;
C. Sales of merchandise or foodstuffs, not in connection with any game of chance, twenty dollars ($20.00) quarterly.
(Ord. 232 § 7-15, 1977).
5.20.160 Boxing or wrestling exhibitions.
Every person staging a boxing or wrestling exhibition shall pay a license tax of one hundred dollars ($100.00) for each such exhibition.
(Ord. 232 § 7-16, 1977).
5.20.170 Secondhand dealers, or collectors, not auto or machine wrecking.
The license fee for all secondhand dealers or collectors, not auto or machine wrecking, doing business within the city shall be one hundred fifty dollars ($150.00) annually.
(Ord. 232 § 7-17, 1977).
5.20.180 Waste recycling.
Every person conducting or carrying on the business of recycling non-water-soluble, non-decomposable wastes and industrial wastes shall pay a license fee as follows:
A. The business license fee shall be five cents ($.05) for every ton of waste either stored or brought into the city, and an additional five cents ($.05) for every ton of recycled waste which is removed from the city.
B. On the first of each month, the persons subject to the license requirements of this section shall submit an accounting showing the number of tons of waste brought into the city during the preceding month and the number of tons of recycled waste which was removed from the city in the preceding month. The information shall be provided in such form as shall be prescribed by the license collector. The accounting shall be filed with the license collector and all moneys due to the city thereunder shall be paid to the license collector on the first of each month for the preceding month. Should the first fall on a holiday or weekend, the accounting and money due shall be payable on the next following work day.
C. Should the licensee fail to file the accounting and make payments as prescribed in this section, the license collector shall impose penalties as prescribed by Section 5.24.070. The license collector may institute license revocation proceedings as set forth in Section 5.16.120, for failure to make payments due under this section within five (5) days after demand.
(Ord. 232 § 7-18, 1977).
5.20.190 Auto wreckers.
Every person conducting the business of auto wrecking shall pay the annual license fee of two hundred dollars ($200.00).
(Ord. 232 § 7-19, 1977).
5.20.200 Taxicabs.
Every person engaging in the business of operating a taxicab shall pay the annual license fee of five dollars ($5.00) per vehicle.
(Ord. 232 § 7-20, 1977).
5.20.210 Commercial kennels.
The annual license fee for each kennel in the city, both commercial and noncommercial, shall be twenty-five dollars ($25.00) for the first ten (10) dogs kept or proposed to be kept or any lesser number, and five dollars ($5.00) for each additional dog in excess of ten (10) to be kept on the premises.
(Ord. 232 § 7-21, 1977).
5.20.220 Outdoor advertising.
Every person engaging in the business of outdoor advertising shall pay, as an annual license fee, a sum of eight percent (8%) of actual gross receipts as defined in Section 5.04.110 of this code; however, any person who maintains a double-faced, twenty by sixty foot (20' x 60') (or equivalent square footage) painted bulletin outdoor advertising structure within the limits of this city shall pay a minimum fee of eighteen thousand dollars ($18,000.00) per year.
(Ord. 290 § 1(part), 1983: Ord. 232 § 7-22, 1977).
5.20.230 Mechanical amusement devices.
Any person carrying on the business of distributing or operating mechanical amusement devices, as defined in Chapter 5.44, shall pay annual license fees as follows:
A. The distributor of mechanical amusement devices shall pay the annual license fee of one hundred dollars ($100.00).
B. An operator of mechanical amusement devices shall pay an annual license fee per premises of operations of six percent (6%) of gross receipts with the maximum annual fee per premises to be three hundred fifty dollars ($350.00).
(Ord. 232 § 7-23, 1977).
5.20.240 Residential business license tax.
A. A residential business license tax is imposed solely for revenue purposes on the development and construction of all residential structures in the sum of fifty cents ($.50) per square foot of gross floor area of the dwelling unit. No such tax shall be imposed upon the development or construction of any such single-family residential unit for which a building permit has been issued.
B. Unless and until the city council adopts a resolution directing that the business license tax authorized by the ordinance codified in subsection A of this section, adopted June 28, 1978, be collected, henceforth from the adoption date of Ordinance 250, codified in this subsection, a moratorium is established on the collection of the business license taxes authorized by subsection A of this section. Except as otherwise provided for herein, subsection A of this section shall remain in full force and effect.
(Ord. 250 § 2, 1979; Ord. 240 § 1, 1978: Ord. 232 § 10-4, 1977).
5.20.250 Due dates for payment of fees.
Unless otherwise specifically provided:
A. All annual license fees, under the provisions of Chapters 5.04 through 5.24, shall be due and payable in advance of the first day of January of each year.
B. All semiannual license fees, under the provisions of Chapters 5.04 through 5.24, shall be due and payable in advance on the first day of January and July of each year;
C. All quarterly license fees, under the provisions of Chapters 5.04 through 5.24, shall be due and payable in advance on the first day of January, April, July and October of each year;
D. All monthly license fees, under the provisions of Chapters 5.04 through 5.24, shall be due and payable on the first day of each month succeeding the licensed period;
E. All weekly license fees, under the provisions of Chapters 5.04 through 5.24, shall be due and payable on the first Monday following the licensed period; and
F. All daily flat-rate license taxes, under the provisions of Chapters 5.04 through 5.24, shall be due and payable each day in advance.
(Ord. 232 § 3-3, 1977).
5.20.260 License fees for less than full period.
License fees for less than the full license period shall be prorated on the basis of the number of months or fraction thereof remaining in said period.
(Ord. 232 § 3-4, 1977).
Chapter 5.24 Sections:
5.24.010 Evidence of business.
5.24.020 Nonwaivability.
5.24.030 Penalty for nonpayment of annual and semiannual licenses.
5.24.040 Penalty for nonpayment of quarterly license.
5.24.050 Penalties for nonpayment of daily, weekly and monthly licenses.
5.24.060 License a debt.
5.24.070 Evidence of liability.
5.24.080 Violation-Penalty.
5.24.090 Remedies cumulative.
5.24.010 Evidence of business.
In any action brought under or arising out of any of the provisions of Chapters 5.04 through 5.24, or any amendment thereto, the fact that a party thereto represented himself or herself as engaged in any business or calling for the transaction of which a license is required, or that such party exhibited a sign indicating such business or calling, shall be conclusive evidence of the liability of such party to pay for a license as required by Chapters 5.04 through 5.24.
(Ord. 232 § 10-1, 1977).
5.24.020 Nonwaivability.
The licensing of any business pursuant to Chapters 5.04 through 5.24 shall not constitute a waiver by the city of the violation by the licensee of any other ordinances of the city, whether or not known to the license collector at the time of the issuance of the license.
(Ord. 232 § 10-3, 1977).
5.24.030 Penalty for nonpayment of annual and semiannual licenses.
Every annual or semiannual license which is not paid within a period of thirty (30) days from the time the same becomes due and payable is declared to be delinquent, and the license collector shall thereupon add to the license and collect a penalty of ten percent (10%) of the license so delinquent; and if such license is not paid within sixty (60) days from the time such license becomes due and payable, an additional sum of fifteen percent (15%) of the license shall be added to the license and collected as a penalty.
(Ord. 232 § 6-1, 1977).
5.24.040 Penalty for nonpayment of quarterly license.
Every quarterly license which is not paid within a period of ten (10) days from the time the same becomes due and payable is declared to be delinquent, and the license collector shall thereupon add to such license and collect a penalty of ten percent (10%) of the license so delinquent; and, if such license is not paid within twenty (20) days from the time such license becomes due and payable, an additional sum of fifteen percent (15%) of the license shall be added to the license and collected as a penalty.
(Ord. 232 § 6-2, 1977).
5.24.050 Penalties for nonpayment of daily, weekly and monthly licenses.
Every daily, weekly, or monthly license which is not paid at the close of business on the day when the same was due and payable is declared to be delinquent, and the license collector shall thereupon add to the license and collect a penalty of ten percent (10%) of the license as delinquent; and, if such license is not paid within three (3) days from the time such license became due and payable, an additional sum of fifteen percent (15%) of the license shall be added to the license and collected as a penalty.
(Ord. 232 § 6-3, 1977).
5.24.060 License a debt.
The amount of any license fee and penalty imposed by Chapters 5.04 through 5.24 shall be deemed a debt to the city, and any person carrying on any business without first having procured a license from the city to do so shall be liable to an action in the name of the city in any court of competent jurisdiction, for the amount of license and penalties imposed on such business.
(Ord. 232 § 6-4, 1977).
5.24.070 Evidence of liability.
In any action brought under or arising out of any of the provisions of Chapters 5.04 through 5.24, the fact that a party thereto represented himself as engaged in any business or calling for which a license is required, or that such party exhibiting a sign indicating such business or calling, shall be conclusive evidence of the liability of such party to pay for a license for such business.
(Ord. 232 § 6-5, 1977).
5.24.080 Violation-Penalty.
Any person violating any of the provisions of Chapters 5.04 through 5.24, or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring the license or permit herein provided, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a period of not more than six (6) months, or by both fine and imprisonment.
(Ord. 232 § 6-6, 1977).
5.24.090 Remedies cumulative.
All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of Chapters 5.04 through 5.24.
(Ord. 232 § 6-7, 1977).
DIVISION II. Chapter 5.28 Sections:
5.28.010 Definitions.
5.28.020 Permit-Required.
5.28.030 Permit-Application.
5.28.040 Permit-Fee.
5.28.050 Permit-Revocation or suspension.
5.28.060 Permit-Notice to cease business after revocation.
5.28.070 Permit-Transferability.
5.28.080 Fencing and building requirements.
5.28.090 Emptying of gasoline tank and crank case to avoid fire hazard.
5.28.100 Stacking of bodies, salvage parts, metals and tires.
5.28.110 Accumulations constituting fire hazard or breeding places for rodents prohibited.
5.28.120 Inspection of premises by public officials.
5.28.130 Time limit on wrecked vehicles standing on premises.
5.28.140 Hours of business.
5.28.150 Reports required.
5.28.160 Conformance required.
5.28.170 Violation-Penalty.
5.28.010 Definitions.
For the purpose of this chapter, the following definitions shall be applicable:
A. "Auto wrecker" means every person, firm, or corporation that buys, sells, stores, exchanges or otherwise deals in or in any other manner comes into possession of motor vehicles, as that term is defined in the Vehicle Code of the state, for the purpose of selling, storing, dismantling or disassembling the same, or that stores, sells, dismantles or disassembles any such motor vehicle, whether for the purpose of utilizing, selling, storing or otherwise disposing of the component parts or materials of such vehicles, including the disposal thereof as junk.
B. "Auto wrecking establishment" means any premises on which any person engages in the occupation of an auto wrecker.
C. "Wrecked automobile" means any motor vehicle which is damaged, dismantled or disassembled or which is intended for dismantling or disassembling, or any substantial portion or part thereof, that is used, owned or possessed for the purpose of junking the same or salvaging parts therefrom.
(Ord. 25 § 1, 1962).
5.28.020 Permit-Required.
The business of an auto wrecker may be carried on after securing a permit in the manner provided in this chapter and subject to the regulations contained in this chapter.
(Ord. 25 § 3(A), 1962).
5.28.030 Permit-Application.
A. Each application for such permit shall be made on a form provided by the city clerk for such purpose. Each application shall be accompanied by an accurate plot plan showing the exterior boundaries of the property and the location of all buildings or other structures existing or proposed.
B. If, in the opinion of the city clerk, it appears that the business of the applicant will be in full compliance with this chapter and any other applicable ordinances, upon payment of the required fee, a permit expiring on the December 31st next succeeding the date of the application shall be issued.
(Ord. 25 § 3(B), 1962).
5.28.040 Permit-Fee.
No person shall carry on or conduct the business of auto wrecker without paying the license fee listed in Section 5.20,190.
(Ord. 232 § 6, 1977: Ord. 25 § 3(C), 1962).
5.28.050 Permit-Revocation or suspension.
Any permit granted under this chapter may be revoked or suspended in the following manner: A notice of intention to revoke shall be served on the permittee specifying wherein he has failed to comply with this chapter or any other ordinance or with any terms or conditions specified in the permit for such auto wrecking establishment, and requiring him to appear before the city council at a date and hour specified not less than five (5) days after the mailing of such notice to the permittee, and show cause why the permit should not be revoked or suspended. At such time and place the permittee shall have the right to appear in person or by counsel and to introduce such evidence as he may desire. The city council may continue the hearing from time to time with or without the consent of the permittee. The decision of the city council shall be final.
(Ord. 25 § 3(D), 1962).
5.28.060 Permit-Notice to cease business after revo-cation.
If the permit is revoked by the city council after the provisions set forth in Section 5.28.050 have been completed, the clerk of the city council shall notify in writing by certified mail, return receipt requested, the permittee to cease and desist further operations immediately, except to wind up the business and to remove all wrecked automobiles from the premises of the permittee within a reasonable time, but in no case longer than thirty (30) days from the mailing of the notice. Failure to cease and desist further operation shall be a violation of this chapter; each day's further operation, except to wind up the business, shall constitute a separate offense. Failure to remove all said wrecked automobiles within thirty (30) days from mailing to the notice shall constitute a violation of this chapter, each day's further noncompliance shall constitute a separate offense.
(Ord. 25 § 3(E), 1962).
5.28.070 Permit-Transferability.
No permit obtained under this chapter shall be assignable or transferable in any way, and if there are any changes whatsoever in the ownership or operation of the auto wrecking business, a new permit shall be required, after making application therefor as specified in this chapter.
(Ord. 25 § 3(F), 1962).
5.28.080 Fencing and building requirements.
Any auto wrecking establishment shall be carried on, maintained or conducted entirely within an enclosed building or buildings, unless the premises on which such business is carried on, maintained or conducted shall be entirely enclosed by a fence eight (8) feet in height. Such fence shall be constructed of such materials and in such a manner as to completely obscure vision and shall conform to all regulations and ordinances regarding such structures. No advertising of any kind whatsoever (words, signs, pictures, posters, placards, mechanical devices, transparencies, or other advertising mediums) shall be placed, or caused to be placed, or to be maintained, or caused to be maintained, upon the outward face of such fence or wall, except as may be permitted by other applicable ordinances. Gates for access to the premises shall swing inwardly and such gates shall be tightly closed when the premises are not open for business.
(Ord. 25 § 4(A), 1962).
5.28.090 Emptying of gasoline tank and crank case to avoid fire hazard.
Immediately upon receipt of a wrecked or damaged automobile to be dismantled, the gasoline tank and crank case shall be emptied completely of their contents so as to avoid danger of fire or explosion.
(Ord. 25 § 4(B)(1), 1962).
5.28.100 Stacking of bodies, salvage parts, metals and tires.
A. No automobile bodies, salvage parts, metals, tires, or accessories shall be piled or stacked to a height in excess of eight (8) feet, and in no event higher than the enclosing fence or wall or nearer than two (2) feet thereto.
B. All automobile parts, bodies, or salvage parts, metals, tires, or accessories shall be piled or stacked neatly in rows with a sufficient number of clear and adequate passageways to allow free and unobstructed access and movement of the fire department in case of fire. The manner of handling and keeping dismantled automobiles and parts thereof shall at all times be subject to the approval of the fire chief of the city.
(Ord. 25 § 4(B)(2) and (3), 1962).
5.28.110 Accumulations constituting fire hazard or breeding places for rodents prohibited.
The entire area of an auto wrecking establishment shall at all times be kept free from grass, weeds, rubbish or other accumulations which in any way constitute a fire hazard or a nesting or breeding place for rats, mice and other rodents.
(Ord. 25 § 4(B)(4), 1962).
5.28.120 Inspection of premises by public officials.
An auto wrecking establishment, and every part thereof, shall at all times be open to inspection by fire, health, police, building inspector, or other authorized public official as shall be designated from time to time by the city council.
(Ord. 25 § 4(B)(5), 1962).
5.28.130 Time limit on wrecked vehicles standing on premises.
No wrecked or damaged automobile shall be allowed or permitted to remain standing upon the premises of any auto wrecking establishment for a period exceeding ninety (90) days from the date on which such wrecked automobile was received, unless the same shall be completely dismantled or disassembled. Upon good cause being shown therefor, the police department may grant reasonable extensions in the time limit.
(Ord. 25 § 4(B)(6), 1962).
5.28.140 Hours of business.
No auto wrecker shall remain open for the purpose of buying or selling wrecked or used automobiles or parts or accessories thereof between the hours of seven (7:00) p.m. of any day and seven (7:00) a.m. of the following day.
(Ord. 25 § 4(C), 1962).
5.28.150 Reports required.
A. Every auto wrecker shall keep a full, true and complete report with respect to each wrecked or damaged automobile, setting forth the following information:
1. The name and address of the person or persons from whom the same was purchased or received;
2. The make, license number, date of registration, motor number, serial number, style and seating capacity;
3. The date on which the same was purchased or acquired.
B. The report of all purchases, assignments, sales, or exchanges of such wrecked automobiles shall at all times be open to inspection by the police department of the city. The report required in this section shall be made within forty-eight (48) hours after buying or receiving any automobile.
C. No person engaged in conducting or carrying on the business of an auto wrecker shall fail, refuse or neglect to keep any record on file, any report in the time, form and manner required by this chapter, or fail, refuse or neglect upon demand being made to exhibit for inspection any such record or report to the chief of police of any police officer of the city.
(Ord. 25 § 4(D), 1962).
5.28.160 Conformance required.
It is unlawful for any person to engage in, permit, carry on, or conduct, or in any way participate in the business of an auto wrecker except in conformance with the provisions of this chapter.
(Ord. 25 § 2, 1962).
5.28.170 Violation-Penalty.
Every person, firm or corporation violating any provisions of this chapter, or wilfully assisting in violating any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
(Ord. 25 § 6, 1962).
Chapter 5.32 Sections:
5.32.010 Bingo defined. 5.32.020 License-Required.
5.32.030 License-Applicant must be qualified. ;aoh5;
5.32.040 License-Application-Required. 5.32.050 License-Application-Contents.
5.32.060 Inspection of premises and records by city manager or finance director.
5.32.070 Access to criminal history information.
5.32.080 Investigation and recommendation by other departments.
5.32.090 Hearing on application-Notice-Inspection of evidence.
5.32.100 Hearing on application-Decision of city manager.
5.32.110 License-Denial or conditional approval.
5.32.120 License-Contents.
5.32.130 Further investigation upon changes in staff or application information.
5.32.140 License-Summary suspension pending hearing-Revocation.
5.32.150 License-Revocation-Hearing.
5.32.160 License-Appeal of denial, conditional issuance, suspension or revocation.
5.32.170 License-Terms.
5.32.180 License-Filing of report after expiration.
5.32.190 License-Nontransferable.
5.32.200 Nonprofit charitable organizations permitted to conduct bingo.
5.32.210 Profit, wage or salary prohibited.
5.32.220 Minors prohibited.
5.32.230 Where bingo may be conducted.
5.32.240 Open to public.
5.32.250 Attendance limited to occupancy capacity.
5.32.260 Staffing and operation.
5.32.270 Financial interest.
5.32.280 Separate fund-Prizes and expenses.
5.32.290 Physical presence at bingo game required.
5.32.300 Intoxicated persons not to participate.
5.32.310 Total value of prizes.
5.32.320 Hours of operation.
5.32.330 Bingo equipment.
5.32.340 Records required.
5.32.350 Right to examine and audit recordso
5.32.360 Provisions intended supplementary to state law.
5.32.370 City may enjoin violation.
5.32.380 Violation-Penalty.
5.32.010 Bingo defined.
As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random.
(Ord. 233 § 1-1, 1977).
5.32.020 License-Required.
No individual, corporation, partnership or other legal entity shall be authorized to conduct a bingo game without first obtaining a license to do so from the city manager.
(Ord. 233 § 1-18, 1977).
5.32.030 License-Applicant must be qualified.
No license shall be issued by the city to any organization unless applicant is an eligible organization under Section 5.32.200 and unless its application conforms to the requirements, terms and conditions of this chapter.
(Ord. 233 § 1-19, 1977).
5.32.040 License-Application-Required.
Written application for a license required by this chapter shall be made under penalty of perjury and filed with the finance director on a form to be provided by the finance director.
(Ord. 233 § 1-20, 1977).
5.32.050 License-Application-Contents.
The application for a license, referred to in Section 5.32.040, shall contain the following:
A. Name of organization; names, signatures, addresses and titles of all the officers of the organization;
B. Statement by applicant that applicant is an eligible organization under the provisions of Section 5.32.200; C. Days and hours of operation of bingo games;
D. Copy of certificate or letter from the Exemption Division of the Franchise Tax Board evidencing exempt status under Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701 1 of the Revenue and Taxation Code, if so exempt;
E. Address of premises where bingo games will be conducted within the city;
F. Statement of ownership or lease of premises;
G. Purposes for which such premises are used by the organization;
H. Statement of occupancy capacity of such premises for bingo games;
I. Statement of ownership of bingo equipment used in-the operation of bingo games;
J. Statement of consent for the city manager or finance director or their authorized representatives to inspect any bank accounts containing profits derived from bingo games;
K. Names of individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games;
L. Name of person responsible for the operation of the bingo games, and the name of each member of the staff of the organization assisting in the operation of bingo games;
M. Statement of whether the total value of prizes awarded for any separate game will on any occasion exceed five dollars ($5.00) in cash or kind, or both;
N. Such further information as may be required by the city manager or finance director to effectuate the purpose of this chapter;
O. Statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and with the provisions of this chapter, as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any of such provisions;
P. The annual license fee fixed by the city council, by resolution, shall accompany the application. If an application for a license is denied, one-half ( 1/2) of any license fee paid shall be refunded to the organization.
(Ord. 233 § 1-21, 1977).
5.32.060 InspectiOn of premises and records by city manager or finance director.
A. In connection with any bingo license applied for, or issued, the city manager or finance director or their authorized representatives shall have the authority to inspect the premises in order to ensure that the operation of bingo games at the premises does not constitute a violation of any state or federal law or provision of this chapter.
B. In connection with any bingo license applied for, or issued, the city manager or finance director or their authorized representatives may inspect the records and special bank accounts containing profits derived from bingo games of any organization conducting bingo games whenever deemed reasonable and appropriate to ensure compliance with the provisions of this chapter.
(Ord. 233 § 1-22, 1977).
5.32.070 Access to criminal history information.
While acting on behalf of the city, the city manager or finance director or one of their authorized representatives shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the past five (5) years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information at any bingo license hearing or proceeding.
(Ord. 233 § 1-23, 1977).
5.32.080 Investigation and recommendation by other departments.
Upon receipt of the completed application and the required license fee, the finance director shall submit any application to other departments or governmental agencies for investigation and recommendation, including but not limited to the city manager, the city attorney, police department, planning department and the fire department, for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies, as property upon which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.
(Ord. 233 § 1-24, 1977).
5.32.090 Hearing on application-Notice-Inspection of evidence.
A. The city manager or his authorized representative shall set the time, not less than five (5) days nor more than thirty (30) days following filing of an application, and place for a public hearing on each application for a bingo license, and shall mail notice thereof to the applicant and to any other person who has filed a written request for such notice.
B. Each applicant shall have the opportunity to review all records, papers, files and any other evidence relating to the application for a bingo license, except criminal information, at least five (5) days prior to the time set for public hearing on such application.
(Ord. 233 § 1-25, 1977).
5.32.100 Hearing on application-Decision of city manager.
At the time and place set for a public hearing on the application for a bingo license, the city manager, or his authorized representative, shall consider the records, papers, files and any other evidence deemed relevant. Decision of the city manager, or his authorized representative, either granting or denying the license, shall be mailed to the applicant and to any other person who has filed a written request for such notice within ten (10) days following the close of the hearing.
(Ord. 233 § 1-26, 1977).
5.32.110 License-Denial or conditional approval.
A. The city manager, or his authorized representative, may refuse to issue a license if it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the city; that the apparent mode of operation of the bingo game would not be in compliance with state or federal law, or California Penal Code Section 326.5, or with this chapter; that the apparent mode of operation of the bingo game would constitute a fire, health or sanitary hazard, or would hot be in compliance with building or zoning regulations, requirements and ordinances; that any person to be operating or assisting in the operation of a bingo game has been convicted within the past five (5) years of a crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude; that there has been a wilful misstatement of fact in an application or report filed under this chapter, or a negligent failure to file any report required under this chapter; or that there has been any other violation of any provision of this chapter.
B. If the license is approved, the city manager, or his authorized representative, may include restrictions and conditions in the license deemed reasonable and necessary under the circumstances, such as limiting days of operation to ensure compliance with the purposes and intents of this chapter.
(Ord. 233 § 1-27, 1977).
5.32.120 License-Contents.
Upon being satisfied that the applicant is fully qualified, under the laws of the state and this chapter, to conduct bingo games in the city, the city manager shall issue a license to the applicant, which shall contain the following information:
A. The name and nature of the organization to whom the license is issued;
B. The address where bingo games are authorized to be conducted;
C. The occupancy capacity of the room in which bingo games are to be conducted;
D. The date of the expiration of such license;
E. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter.
(Ord. 233 § 1-28, 1977).
5.32.130 Further investigation upon changes in staff or application information.
Any changes as to staff operating or assisting in the operation of a bingo game, and any other changes in the information furnished in the application subsequent to its filing, shall be reported promptly to the city manager or finance director for any further investigation deemed necessary and appropriate.
(Ord. 233 § 1-29, 1977).
5.32.140 License-Summary suspension pending hearing-Revocation.
A. Whenever it appears to the city manager that the licensee is Conducting a bingo game in violation of any of the provisions of this chapter, the city manager, or his authorized representative, shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game.
B. The order issued under subsection A of this section shall also notify the licensee that it shall have five (5) days from the date of such order to request a hearing before the city manager, or his authorized representative, to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the city manager, or his authorized representative, within the five (5) day period, shall result in a revocation of the license.
C. Upon such request by the licensee, whose license has been suspended under subsection A of this section, for a hearing before the city manager, or his authorized representative, to determine whether such license shall be revoked, the city manager, or his authorized representative, shall provide such hearing within ten (10) days after receipt of such written request, at which hearing the suspended licensee may appear before the city manager, or his authorized representative, for the purpose of presenting evidence as to why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing has first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation.
D. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, in appeal, determines to overrule the decision of the city manager or his authorized representative.
(Ord. 233 § 1-30, 1977).
5.32.150 License-Revocation-Hearing.
A. Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 5.32,140, the license may be revoked; provided, however, the licensee may appear before the city manager, or his authorized representative, at the time fixed by the city manager, or his authorized representative, for the purpose of presenting evidence as to why the license should not be revoked. No license shall be revoked under this section unless written notice has first been given at least five (5) days before the hearing thereon by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.
B. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such time as the city council, on appeal, determines to overrule .the decision of the city manager or his authorized representative.
(Ord. 233 § 1-31, 1977).
5.32.160 License-Appeal of denial, conditional issuance, suspension or revocation.
A. At any time within ten (10) days after mailing of notice by the city manager, or his authorized representative, of the denial or conditional issuance of a bingo license, or of a suspension or revocation thereof after a hearing before the city manager, or his authorized representative, the applicant or license holder may appeal the decision to the city council. Such shall be done by filing written notice of appeal with the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The perfecting of such appeal shall not suspend the denial, conditional issuance, suspension or revocation of a bingo license.
B. The city council shall hold a hearing on the appeal within thirty (30) days after its receipt by the city council, or at a time thereafter agreed upon, and shall cause the appellant to be given at least ten (10) days' written notice of such hearing. At the hearing the appellant, or its authorized representative, shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The city council shall make its order affirming or overruling the decision of the city manager, or his authorized representative, within ten (10) days following the close of the city council hearing. The determination of the city council on the appeal shall be final.
C. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one (1) year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701 1 of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption.
(Ord. 233 § 1-32, 1977).
5.32.170 License-Terms.
General licenses are granted for one (1) year terms; each term is renewable annually and subject to the annual license fee fixed by the city council by resolution. Written application for renewal of a general license shall be made to the city manager, or his authorized representative, at least one (1) month prior to its expiration date. A special license is granted only for a one (1) day term for each bingo game; the special license shall not be renewable.
(Ord. 233 § 1-33, 1977).
5.32.180 License-Filing of report after expiration.
Within thirty (30) days following expiration of the period of the license, each licensee shall file a report made under penalty of perjury with the city manager, or his authorized representative, containing the following information:
A. Any changes in or additions to the information required in the application;
B. The total amount of money received from the operation of the bingo games in the previous fiscal year;
C. The total amount paid out in prizes;
D. Detailed costs to the organization for the operation of the bingo games.
The filing of this report shall not serve as a written application for a renewal of a general license.
(Ord. 233 § 1-34, 1977).
5.32.190 License-Nontransferable.
Licenses granted under this chapter shall not be transferable, either as to licensee or location. Any attempt to transfer shall render the license in question invalid. In the event the property described in the license ceases to be used as an office or as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.
(Ord. 233 § 1-35, 1977).
5.32.200 Nonprofit charitable organizations permitted to conduct bingo.
No individual, corporation, partnership or other legal entity shall be permitted to conduct a bingo game or be eligible to apply to the city for a license to conduct a bingo game, except organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701 1 of the Revenue and Taxation Code, and by mobile home park associations and senior citizens organizations; and provided that the proceeds of such games are used only for charitable purposes.
(Ord. 233 § 1-2, 1977).
5.32.210 Profit, wage or salary prohibited.
No person shall receive or pay a profit, wage or salary from any bingo game authorized in this chapter.
(Ord. 233 § 1-3, 1977).
5.32.220 Minors prohibited.
No person under eighteen (18) years of age shall be allowed to participate in any bingo game.
(Ord. 233 §§ 1-4, 1977).
5.32.230 Where bingo may be conducted.
An organization shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.
(Ord. 233 § 1-5, 1977).
5.32.240 Open to public.
All bingo games shall be open to the public, not just to the members of the authorized organization.
(Ord. 233 § 1-6, 1977).
5.32.250 Attendance limited to occupancy capacity.
Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted, as determined by the fire department and building department of the city, in accordance with applicable laws and regulations. The authorized organization shall not reserve seats or space for any person.
(Ord. 233 § 1-7, 1977).
5.32.260 Staffing and operation.
A bingo game shall be operated and staffed only by members of the authorized organization which organized the bingo game. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision, or any other phase of such game.
(Ord. 233 § 1-8, 1977).
5.32.270 Financial interest.
No individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such bingo game.
(Ord. 233 § 1-9, 1977).
5.32.280 Separate fund-Prizes and expenses.
With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be com-mingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be com-mingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows:
A. Such proceeds may be used for prizes.
B. A portion of such proceeds, not to exceed ten percent (10%) of the proceeds after the deduction for prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead and administrative expenses.
(Ord. 233 § 1-10, 1977).
5.32.290 Physical presence at bingo game required.
No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
(Ord. 233 § 1-11, 1977).
5.32.300 Intoxicated persons not to participate.
No person who is obviously intoxicated shall be allowed to participate in a bingo game.
(Ord. 233 § 1-12, 1977).
5.32.310 Total value of prizes.
The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.
(Ord. 233 § 1-13, 1977).
5.32.320 Hours of operation.
One authorized to conduct bingo games shall not conduct any bingo games more than six (6)\hours out of any twenty-four (24) hour period. No bingo game shall be conducted before ten (10:00) a.m., nor after eleven (11:00) p.m., of any day.
(Ord. 233 § 1-14, 1977).
5.32.330 Bingo equipment.
All equipment used in the operation of bingo games shall be owned by the organization authorized to conduct such bingo games.
(Ord. 233 § 1-15, 1977).
5.32.340 Records required.
Each organization authorized to conduct a bingo game shall maintain detailed records of all income, profits, expenditures, prizes and other expenses associated with the operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The records shall be retained for such period of time as required by state and federal law and for a period of three (3) years for purposes of this chapter.
(Ord. 233 § 1-16, 1977).
5.32.350 Right to examine and audit records.
By and through the city manager or the finance director, or an authorized representative of one of the before named, the city shall have the right to examine and audit such records, as required to be kept by Section 5.32,340, at any reasonable time, and the organization authorized to conduct bingo games shall fully cooperate with the city by making such records readily available.
(Ord. 233 § 1-17, 1977).
5.32.360 Provisions intended supplementary to state law.
The provisions of this chapter are not intended to conflict with, but shall supplement, all laws of the state relating to lotteries, gaming or gambling, except that bingo as defined in Section 5.32.010 applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.
(Ord. 233 § 1-39, 1977).
5.32.370 City may enjoin violation.
The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter.
(Ord. 233 § 1-37, 1977).
5.32.380 Violation-Penalty.
A. Any person who violates Sections 5.32.020, 5.32.030, 5.32.180, 5.32.210, 5.32.220 5.32.230, 5.32.240, 5.32.250, 5.32.260, 5.32.270, 5.32.280, 5.32.290, 5.32.300, 5.32,310, 5.32.320, 5.32.330, 5.32.340 or 5.32.350 shall be guilty of a misdemeanor.
B. A violation of Section 5.32.210 shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city.
C. Any person who continues to conduct a bingo game after the imposition of any summary suspension, as provided for under subsection A of Section 5.32.140, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
(Ord. 233 § 1-36, 1977).
Chapter 5.36 Sections:
5.36.010 Permit-Required.
5.36.020 Permit-Issuance.
5.36.030 Fees.
5.36.010 Permit-Required.
All circuses and carnivals shall require a permit from the city council in order to operate within the city.
(Ord. 194 (part), 1975).
5.36.020 Permit-Issuance.
The city council may adopt any reasonable regulations or restrictions pertaining to the issuance of the permits, and requirements of reimbursement to the city for costs incurred.
(Ord. 194 (part), 1975).
5.36.030 Fees.
Business license fees as required by the Brisbane business license ordinance shall be paid in advance prior to the issuance of the permits.
(Ord. 194 (part), 1975).
Chapter 5.40 Sections:
5.40.010 Definitions.
5.40.020 Franchise grants.
5.40.030 Applicability.
5.40.040 Franchise required.
5.40.050 Establishment of franchise requirements.
5.40.060 Franchise area.
5.40.070 Uses of public rights-of-way.
5.40.080 Franchise term.
5.40.090 Franchise nonexclusive.
5.40.100 Transfer of ownership or control.
5.40.110 Franchise renewal.
5.40.120 Police powers.
5.40.130 Preemption.
5.40.140 Reimbursement of franchise processing costs.
5.40.150 Franchise agreement.
5.40.010 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their definitions, shall have the meaning given in this Section:
A. "Agreement" means a franchise award ordinance, or a contractual agreement, containing the specific provisions of the franchise granted, including referenced specifications, franchise applications, franchise requirements, ordinances and other related materials, and all amendments thereof.
B. "Cable television system," also referred to as "system" or "cable system," means a facility, consisting of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
1. A facility that serves only to transmit the television signals of one (1) or more television broadcast stations;
2. A facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way;
3. A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or
4. Any facilities of any electric utility used solely for operating its electric utility systems.
C. "City" means the city of Brisbane, California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
D. "Franchise" means a franchise award ordinance, or a contractual agreement, containing the specific provisions of the franchise granted, including referenced specifications, franchise applications, franchise requirements ordinances and other related materials. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of this city.
E. "Grantee" means any "person" receiving a franchise pursuant to this agreement and its lawful successor, trans-feree or assignee.
F. "Grantor" means the city of Brisbane and any legal designate.
(Ord. 363 § 2(part), 1991).
5.40.020 Franchise grants.
Grantor may at any time in accordance with applicable law grant one (1) or more nonexclusive revocable franchises to construct, operate, maintain, and reconstruct a cable system within a franchise area defined by the city. Said franchise shall constitute both a right and an obligation to provide a cable system as required by the provisions of the agreement, which may include those provisions of the grantee's "franchise proposal" which are finally negotiated and accepted by the grantor and grantee.
Any franchise granted under the terms and conditions contained herein shall be consistent with federal laws and regulations and state general laws and regulations.
Any franchise granted is hereby made subject to the general ordinance provisions now in effect or hereinafter made effective. Nothing in this franchise shall be deemed to waive the requirements of other grantor codes and ordinances regarding permits, fees to be paid or manner of construction.
(Ord. 363 § 2(part), 1991).
5.40.030 Applicability.
This chapter shall apply to all franchises and franchise renewals granted or renewed after the effective date of the ordinance codified in this chapter. It shall further apply to the extent permitted by applicable federal or state law to all existing franchises granted or renewed prior to the effective date of said ordinance.
(Ord. 363 § 2(part), 1991).
5.40.040 Franchise required.
No cable system shall be allowed to occupy or use the streets within the limits of the city or in any franchise area within the city or be allowed to operate without a franchise in accordance with the provisions of this chapter and the agreement.
(Ord. 363 § 2(part), 1991).
5.40.050 Establishment of franchise requirements.
Grantor may establish appropriate requirements for new franchises or franchise renewals, and may modify these requirements from time to time to reflect changing conditions and state of the art in the cable television industry. Such requirements shall not be retroactive to franchises then in effect, except for franchise obligations which are subject to periodic review as provided in the agreement.
(Ord. 363 § 2(part), 1991).
5.40.060 Franchise area.
The franchise area to be served shall be all or any portion of the territory within the geographic boundaries of the city, as defined in the agreement, subject to any line extension policies set forth in the agreement.
(Ord. 363 § 2(part), 1991).
5.40.070 Uses of public rights-of-way.
For the purpose of operating and maintaining a cable television system in the franchise area, the grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public rights- of-way and public utility easements within the franchise area such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the cable system. Grantee shall comply with all applicable grantor construction codes and procedures.
Nothing in the agreement shall abrogate the right of grantor to perform any public work or public improvement of any description, including, without limitation to, all work authorized by applicable law. In the event that the system interferes with the construction, operation, maintenance, or repair of any such public work or improvement, the grantee, after reasonable notice from grantor, shall, at its own cost and expense, promptly protect, alter, or relocate the system, or any part thereof, as directed by grantor.
In the event that the grantee refuses or neglects to so protect, alter, or relocate all or any part of the system, grantor shall have the right, in connection with the performance of such public work or public improvement, to break through, remove, alter or relocate all or any part of the system without any liability to the grantor except for grantor's willful misconduct and the grantee shall promptly pay to grantor the costs incurred by such breaking through, removal, alteration or relocation.
(Ord. 363 § 2(part), 1991).
5.40.080 Franchise term.
The term of any franchise granted hereunder and all rights, privileges, obligations and restrictions pertaining thereto shall be as provided in the franchise agreement.
(Ord. 363 § 2(part), 1991).
5.40.090 Franchise nonexclusive.
Any franchise granted shall be nonexclusive. Grantor reserves the right to grant, at any time, such additional franchises for a cable system as it deems appropriate.
(Ord. 363 § 2(part), 1991).
5.40.100 Transfer of ownership or control.
Any franchise granted hereunder cannot be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation, or otherwise without the prior consent of the council expressed by resolution, and then only under such reasonable conditions as may therein be prescribed. In the event that grantee is a corporation, such prior approval of the council shall be required where there is an actual change in control. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised.
The grantee shall promptly notify grantor of any proposed change in, or transfer of, or acquisition by any transfer, or acquisition of control of the grantee and shall make the franchise subject to cancellation unless and until the grantor shall have consented thereto, which consent shall not be unreasonably withheld.
In seeking grantor's consent to any change in ownership or control, the grantee shall be required to show to the satisfaction of grantor that the proposed transferee is legally, technically, and financially qualified to maintain and operate the cable system for the remaining term of the franchise under the existing franchise terms.
(Ord. 363 § 2(part), 1991).
5.40.110 Franchise renewal.
Franchise renewal shall be in accordance with applicable law.
(Ord. 363 § 2(part), 1991).
5.40.120 Police powers.
In accepting a franchise, the grantee acknowledges that its rights hereunder are subject to the police power of the city to adopt and enforce general ordinances necessary to the health, safety and welfare of the public, and it agrees to comply with all applicable general laws and ordinances enacted by the city pursuant to such power.
(Ord. 363 § 2(part), 1991).
5.40.130 Preemption.
If any area of regulatory authority is preempted from local regulation by federal or state law, and such preemption later ceases, grantor reserves the right to resume local regulation to the extent permitted, provided that such regulation shall not conflict with the express terms and conditions of any existing franchise agreement.
(Ord. 363 § 2(part), 1991).
5.40.140 Reimbursement of franchise processing costs.
For either an initial franchise grant, a franchise renewal or a franchise transfer, grantee shall reimburse grantor, within sixty (60) days of receipt of an itemization of costs from grantor, for grantor's reasonable out-of-pocket processing costs, including but not limited to consultant and special legal costs.
(Ord. 363 § 2(part), 1991).
5.40.150 Franchise agreement.
All other terms, conditions, procedures, rights and obligations of the grantor and grantee for any franchise granted pursuant to this chapter shall be specified and set forth in a written agreement between the grantor and the grantee.
(Ord. 363 § 2(part), 1991).
Chapter 5.44 Sections:
5.44.010 Definitions.
5.44.020 License-Required.
5.44.030 License-Application-Contents.
5.44.040 License-Application-Investigation.
5.44.050 License-Fee.
5.44.060 License-Nontransferable.
5.44.070 License-Revocation-Notice-Hearing.
5.44.080 License-Suspension-Notice-Hearing.
5.44.090 License-Appeal of denial or revocation.
5.44.100 Illegal devices.
5.44.110 Limit on value of prizes.
5.44.120 Operation by persons under age of twenty-one prohibited where alcoholic beverages served.
5.44.130 Seizure.
5.44.140 Violation-Penalty.
5.44.010 Definition.
For the purposes of this chapter, the following words and terms shall be deemed to mean and be construed as follows:
A. "Distributor" means any person who, as owner, agent, employee, or otherwise, distributes, places, installs or delivers, a mechanical amusement device or devices to any premises in the city, or who keeps or stores within the city any such mechanical amusement device or devices for the purpose of distributing, placing, installing or delivering the same.
B. "Gross receipts" includes the total amount of the sale price of all sales and the total amount charged or received from the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may be sold; any tax required by law to be included in or added to the purchase price and sale price of property returned by purchaser upon rescission of the contract of sale as is refunded either in cash or by credit; 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.
C. "Mechanical amusement device" means any machine, device, contrivance, or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disk, slug, or key into any slot, receptacle, crevice, or other opening, or any amusement device or game in which a fee is paid for its use or rental.
D. "Operator" means any person who, as owner, lessee, employee, agent, or otherwise, operates, installs, keeps, maintains, permits, or allows to be operated, installed, or maintained, any mechanical amusement device in or upon any premises owned, managed, operated or controlled by such person within the city.
(Ord. 222 § 2, 1977).
5.44.020 License-Required.
It is unlawful for any person, for himself or any other person, firm or corporation, to distribute, operate, install or to maintain or allow to be distributed, maintained, operated or installed any mechanical amusement device, as the same is defined in Section 5.44.010, in any place in the city, without having first obtained a license to distribute, install, operate or maintain such devices as provided in this chapter.
(Ord. 222 § 1, 1977).
5.44.030 License-Application-Contents.
Every person desiring a license as required in Section 5.44.020 shall make written application therefor to the chief of police. The application shall be verified and shall contain the following information:
A. Name and address of the applicant and all persons financially interested in the operation or distribution of the mechanical amusement devices;
B. Date and place of birth of the applicant;
C. Whether the applicant desires a distributor's license or an operator's license for the establishment in which the machines are to be maintained and operated;
D. Whether the applicant has ever been convicted of a crime; and
E. If an operator's license is desired, the place where the machine or machines are to be installed and operated, together with the number of machines to be installed and operated in the establishment; also a brief description of the principal product or type of product sold or service rendered at the premises upon which the machines are to be operated or maintained.
(Ord. 222 § 4(part), 1977).
5.44.040 License-Application-Investigation.
Upon receipt of an application, the chief of police shall conduct an investigation to determine any criminal history of the applicant and persons financially interested in the distribution or operation of the machines for which licenses are sought. The chief of police shall then transfer the application to the city council, together with his recommendation as to whether or not it should be granted. The city council shall consider the application and shall approve or deny the same within thirty (30) days after receipt thereof, and shall return the application to the chief of police. If the application is approved by the city council, a permit in favor of the applicant shall be issued. All permits shall expire on the last day of the calendar year in which issued.
(Ord. 222 § 4(part), 1977).
5.44.050 License-Fee.
A. The distributor shall pay a license fee as set forth in subsection A of Section 5.20.030.
B. An operator shall pay a license fee as set forth in subsection B of Section 5.20.030.
(Ord. 232 § 4, 1977: Ord. 222 § 5, 1977).
5.44.060 License-Nontransferable.
Operator's licenses issued under this chapter shall be posted in a conspicuous place in the establishment for which the same is issued and shall remain until a new or different license is issued therefor, and shall show the number of machines authorized to be maintained therein. No license shall be transferable from one person to another, or from one establishment to another.
(Ord. 222 § 8, 1977).
5.44.070 License-Revocation-Notice-Hearing.
When in the determination of the chief of police a licensee has violated any provision of this chapter or any other ordinance of the city, or any federal or state law having a bearing on the licensee's fitness to conduct any operations regulated by this chapter, the chief of police shall revoke the license as provided in this section. The chief shall notify the licensee at least five (5) days prior to a hearing he shall conduct to determine whether the license shall be revoked. If at the conclusion of the hearing, the license is revoked, the licensee may request within five (5) days thereafter that he be provided with the chief's written findings in support of his decision to revoke the license. Such findings shall be provided to the licensee within ten (10) days of the conclusion of the hearing.
(Ord. 222 § 9(part), 1977).
5.44.080 License-Suspension-Notice-Hearing.
The chief may suspend any license, during the pendency of a revocation proceeding, if he finds that such a suspension is necessary for the immediate preservation of the public health, safety or welfare. In case of such a suspension, the chief shall immediately give written notice of the suspension to the licensee, which notice shall specify the grounds for the suspension and the revocation and shall set forth a time and place of hearing on the revocation. If within five (5) days of such notice and suspension, the licensee shall request a hearing, the chief shall conduct such a hearing within ten (10) days of the beginning of the suspension.
(Ord. 222 § 9 (part), 1977).
5.44.090 License-Appeal of denial or revocation.
In the event that any person is denied a license, or shall have his license revoked by the chief of police, an appeal may be taken to the city council within thirty (30) days after the date of the denial or revocation. If such an appeal is taken, it shall be by written notice of appeal, filed with the clerk of the city and served upon the chief of police by the applicant or licensee. The notice shall state the facts required to be stated in the applicant's original application. The city council shall set a day for hearing the appeal and shall designate the time and place where the hearing is to be held. A notice of the hearing shall be given to the applicant or licensee by the clerk of the city by mailing the same to the last known address of the applicant or licensee not less than five (5) days prior to the date set for the hearing. At any such hearing the applicant or licensee shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence in his behalf. The chief of police, or his representative, shall attend the hearing; the city council shall sustain or overrule by majority vote its prior decision or the decision of the chief of police.
(Ord. 222 § 9(part), 1977).
5.44.100 Illegal devices.
Nothing in this chapter shall be construed to permit the licensing, maintenance, distribution or operation of any mechanical device or apparatus which is contrary to any of the laws of the state or the ordinances of the city, nor to permit the operation of any mechanical play device licensed under this chapter in such a manner as to be contrary to any of said laws or ordinances. Any illegal or unlawful play devices operated in violation of the terms of this chapter may be seized and held by the chief of police.
(Ord. 222 § 3, 1977).
5.44.110 Limit on value of prizes.
The value of any prize or payoff awarded in any contest, tournament, league or individual play of any mechanical amusement device shall not exceed ten dollars ($10.00), if the player is under the age of eighteen (18) years; if the player is eighteen (18) years of age or older, the value of the prize or payoff shall not exceed fifty dollars ($50.00). A licensee may apply to the city council for a special permit to increase the amount of the maximum prize or payoff to be awarded in a particular tournament or contest.
(Ord. 222 § 6, 1977).
5.44.120 Operation by persons under age of twenty-one prohibited where alcoholic beverages served.
A. It is unlawful for any person under the age of twenty-one (21) years to operate a mechanical amusement device in any manner or for any purpose in any establishment where alcoholic beverages are served. It is unlawful for the holder of any license or for any person in the employment of such holder to permit any person under the age of twenty-one (21) years to operate such mechanical amusement device in any establishment where alcoholic beverages are served. Evidence that any person under the age of twenty-one (21) years has operated any such device in a place of business owned or controlled by the holder of such license in any establishment where alcoholic beverages are served shall be sufficient to establish, prima facie, a violation of this chapter by such licensee.
B. Nothing in this section shall be construed to prohibit the operation of a mechanical amusement device by a person under the age of twenty-one (21) years in any bona fide public eating place. A "bona fide public eating place" means a place which is regularly and in a bona fide manner used and kept open for the service of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping food on the premises and must comply with all regulations of the local department of health.
(Ord. 222 § 7, 1977).
5.44.130 Seizure.
Any mechanical amusement device installed, operated or maintained upon premises or establishments not licensed as provided for in this chapter may be seized and held by the chief of police until the premises or establishments are properly licensed. If a license is not applied for within thirty (30) days after such seizure, the machine may be destroyed and any money found therein deposited in the city treasury.
(Ord. 222 § 10, 1977).
5.44.140 Violation-Penalty.
Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail for a period of not more than six (6) months, or both such fine and imprisonment.
(Ord. 222 § 11, 1977).
Chapter 5.48 Sections:
5.48.010 Posting prices.
5.48.020 Fuels to be available at posted prices.
5.48.030 Change in price to be posted prior to sale.
5.48.040 Compliance with state provisions.
5.48.010 Posting of prices.
Every person, firm, partnership, association, trustee, receiver, corporation, or assignee for the benefit of creditors, who owns, operates, manages, leases, or rents a place of business which abuts or is adjacent to any street or highway and at which gasoline or other motor vehicle fuel is sold, offered for sale, or otherwise dispensed to the public, shall post or display and maintain at the place of business a sign or other advertising medium clearly visible from each abutting or adjacent street or highway, which indicates or shows the actual price per gallon, including all taxes, at which each grade of gasoline or other motor vehicle fuel is currently being sold, offered for sale, or otherwise dispensed at the place of business.
(Ord. 206 § 1, 1975).
5.48.020 Fuels to be available at posted prices.
No person, firm, partnership, association, trustee, receiver, corporation, or assignee for the benefit of creditors, who owns, operates, manages, leases or rents a place of business at which gasoline or other motor vehicle fuel is sold to the public shall advertise by means of any sign or other advertising medium, the price of any grade of gasoline or other motor vehicle fuel which is not immediately available to be sold or dispensed to the public at the place of business, at the advertised price.
ENFORCEMENT AND PENALTIES
BUSINESS REGULATIONS
AUTO WRECKING BUSINESS
BINGO GAMES
CIRCUSES AND CARNIVALS
CABLE TELEVISION REGULATIONS
MECHANICAL AMUSEMENT DEVICES
MOTOR VEHICLE FUEL PRICES