HomeMy WebLinkAbout1202ORDINANCE 1202 (1991 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
REPEALING CHAPTERS
5.04, 5.08.030, 5.08.040, 5.08.050, 5.12, 5.16.030, 5.16.050, 5.16.070 AND 5.20.140
OF THE SAN LUIS OBISPO MUNICIPAL CODE
AND ADDING CHAPTERS
3.01, 5.03.030, 5.08.040, 5.16.030, 5.16.050, 5.16.070, 5.16.080,
5.20.055, 5.20.140, 5.60, 5.64, AND 5.68
TO THE SAN LUIS OBISPO MUNICIPAL CODE
RELATING TO BUSINESS TAX CERTIFICATION
WHEREAS, the City's business tax ordinance has not been evaluated on a
comprehensive basis since 1958; and
WHEREAS, the City Council established the revision of the City's business tax
ordinance as a high priority goal for 1991 -93; and
WHEREAS, the City Council approved the workscope for the review of the City's
business tax ordinance on February 5, 1991; and
WHEREAS, a Business Tax Advisory Committee was formed with the assistance of
the Chamber of Commerce that was composed of ten members representing a broad range
of business categories to assist the City Administrative Officer in preparing
recommendations to .the City Council for changes in the business tax ordinance in order to
' improve its equity, revenue generation abilities, and administrative simplicity; and
WHEREAS, deletion of 5.04 will result in deletion of regulatory provisions which
the City desires to maintain and which need to be added to the appropriate provisions of
Title 5; and
WHEREAS, the City Council has held a hearing to consider the proposed changes
to the Business Tax Ordinance;
NOW THEREFORE BE IT ORDAINED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Chapter 5.04, Business Licenses Generally, is hereby deleted. Title
5 is hereby retitled to be "Licenses, Permits, and Regulations ".
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r r.
Ordinance (1991 Series) #1202
Page 2
SECTION 2. A new Chapter 3.01 is hereby added to read as follows:
CHAPTER 3.01
BUSINESS TAX CERTIFICATION
ARTICLE L GENERAL PROVISIONS
SECTION 3.01.101. PURPOSE
The provisions of this chapter are enacted solely to raise revenue for general municipal
purposes and are not intended for regulation.
SECTION 3.01.102. BUSINESS TAX CERTIFICATES REQUIRED
Business taxes are hereby imposed upon all businesses, professions, trades, vocations,
enterprises, establishments, occupations, or callings conducting business in the City to which
a business tax may lawfully apply, in the amount of fifty cents ($ .50) per thousand dollars
of gross receipts. It shall be unlawful for any person to transact and carry on any business,
trade, vocation, enterprise, establishment, occupation, or calling in the City not otherwise
exempt without first having procured a business tax certificate from the City or complying
with all of the applicable provisions of this chapter.
The business tax certificate shall be evidence only of the fact that such business tax
has been paid. Neither the payment of the business tax nor the possession of the business
tax certificate shall authorize, permit, or allow the doing of any act which the person paying
or holding such business tax certificate would not otherwise be entitled to do; nor shall it
be construed as permission to conduct or carry on a business at any place within the City
where the conducting or carrying on of such business is prohibited or fails to comply with
the City's zoning, planning, or building regulations, nor shall it be construed as permission
to conduct or carry on a business in such a manner as to create or maintain a nuisance.
SECTION 3.01.103. EXEMPTIONS
The following persons and organizations are exempt from the provisions of this Chapter.
A. MINORS UNDER THE AGE .OF 18. Businesses owned and conducted by
minors under
the
age of eighteen
(18)
years shall be exempt from
the business tax
provisions of
this
chapter where
all
of the following conditions
exist and legal
11
Ordinance (1991 Series) ii 1202
Page 3
documentation is provided to support that:
1. All persons engaged in the operation of the business are under the age of
eighteen (18) years.
2. All persons engaged in the operation of the business have a bona fide
ownership interest in the business.
B. CHARITABLE, RELIGIOUS, AND NONPROFIT ORGANIZATIONS.
1. Organization activities. The provisions of this chapter shall not be deemed
or construed to require the payment of a business tax to conduct, manage, or carry on any
business, occupation, or activity of any institution or organization recognized by a tax board
of the State with a "Statement of Domestic Non Profit Organization" or the . Internal
Revenue Service' of the United States which is conducted wholly for the benefit of
charitable, religious, or nonprofit purposes and from which profit is not derived, either
directly or indirectly, by any person.
2. Nonexempt activities. The exemption provisions of this section shall not
be construed to extend to any person, business, corporation, or organization receiving a fee,
wage, stipend, salary, remuneration, compensation, or pay for the performance of any
business, occupation, or activity related to exempt organization activities. Any such person,
business, corporation, or organization shall be subject to the business tax provisions of this.
chapter and shall obtain the business tax certificate prior to any business, occupation, or
activity being undertaken.
C. CONFLICTS WITH FEDERAL AND STATE LAWS OR CONTRACTUAL
AGREEMENTS. The provisions of this chapter shall not be construed to require a person
to obtain a business tax certificate prior to doing business within the City if such
requirement conflicts with the applicable statues, laws, or constitution of the United States
or the State of California or other contractual obligations or franchise agreements. The
Finance Director may develop administrative guidelines concerning exemptions,
apportionment, and any other matters which the she or he determines as necessary for the
lawful and effective implementation of this Chapter.
SECTION 3.01.104. DEFINITIONS
For the purposes of this chapter, unless otherwise apparent from the context, certain words
and phrases used in this chapter are defined as follows:
Ordinance (1991 Series) x;1202
Page 4
A. 'Business" shall mean and include professions, trades, vocations, rentals, leases,
enterprises, establishments, and occupations and all and every kind of calling, any of which
is conducted for the purpose of earning in whole, or in part, a profit or livelihood, whether
or not a profit or a livelihood actually is earned thereby, whether paid in money, goods,
labor, or otherwise, and whether or not the business has a fixed place of business in the
City.
B. "Finance. Director" shall mean the individual designated by the City
Administrative Officer to collect business taxes pursuant to the provisions of this chapter.
C. "Gross Receipts" shall mean and include the total amounts actually received or
receivable from sales, services, rentals, or leases in the total amounts actually received or
receivable for the performance of any act or service, of whatever nature it may be, for
which a charge is made or a credit allowed, whether or not such act or service is done as
a part of, or in connection with, the sale or rental of materials, property (real or personal),
goods, wares, or merchandise. Included in "gross receipts" shall be receipts, cash, credits,
and property of any kind or nature, without any deduction therefrom on account of the cost
of the property sold, rented or leased, the cost of the materials used, labor and service
costs, interest paid or payable, or losses or other expenses whatsoever.
Excluded from "gross receipts" shall be the following:
1. Cash discounts allowed and taken on sales;
2. Credit allowed on property accepted as a part of the purchase price in
which property may later be sold;
3. Any tax required by law to be included in, or added to, the purchase price
and collected from the consumer or purchaser;
4. Such part of the sales price of property returned by purchasers upon the
rescission of the sales contract as is refunded, either in cash or by credit;
5. 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 the amounts were
collected;
6. Receipts of refundable deposits, except that refundable deposits forfeited
and taken into the income of the business shall not be excluded;
Ordinance (1991 Series) X61202
Page 5
7. As to a real estate transaction, the sales price of the real estate sold for
the account of others, except that portion which represents commission or other income;
8. Income from businesses which perform the function of agent or broker,
except that portion of income which represents commission or other income to the agent
or broker;
9. As to a retail gasoline dealer, a portion of the receipts of the dealer from
the sales of motor vehicle fuels equal to the amount of motor vehicle fuel license tax
imposed.
10. As to a retail gasoline dealer, any special motor fuel taxes if paid by the
dealer or collected by the dealer from the consumer or purchaser.
D. 'Person" shall mean and include all domestic and foreign corporations,
associations, syndicates, joint -stock corporations, partnerships of every kind, clubs,
Massachusetts trust, business, and other common law trusts, societies, and individuals
transacting and carrying on any business in the City, other than an employee.
E. "Sworn Statement" shall mean an affidavit sworn to before a person authorized
to take oaths or a declaration or certification made under the penalty of perjury.
F. "Gross receipts subject to the business tax" shall be that portion of gross receipts
relating to business conducted within the City. For businesses with their headquarters
located within the City of San Luis Obispo, their total gross receipts shall be deemed to be
related to business conducted within the City unless an apportionment of gross receipts is
requested by the business pursuant to Section 3.01.509 of this chapter.
ARTICLE II. TAX AMOUNTS
SECTION 3.01.201. TAX BASIS
The amount of the business tax to be paid by the applicant is to be measured by gross
receipts from the preceding completed calendar or fiscal year. Fora new business, which
has no gross receipt history, the applicant is required to pay the minimum tax.
SECTION 3.01.202. TAX RATE
The tax rate for all businesses shall be fifty cents ($ .50) per thousand dollars of gross
receipts. This rate shall be applied in thousand dollar increments, and gross income shall
0
Ordinance (1991 Series) 91202
Page 6
be rounded to the next highest thousand dollar interval for the computation of the business
tax.
SECTION. 3.01.203. MINIMUM TAX
The minimum tax which shall be paid by any business will be $25.00, which represent the
minimum cost to the City of issuing or renewing the certificate.
ARTICLE III. APPLICATION AND RENEWAL
SECTION 3.01.301. BUSINESS TAX CERTIFICATE APPLICATIONS
Every person required to have a business tax certificate pursuant to the provisions of this
chapter shall make a written application to the Finance Director and submit the following
information:
A. The nature or kind of business for which the business tax certificate is requested;
B. The place where the business is to be conducted and, if the business is not to
be conducted at a permanent location, the residence address, identified as such, of the
owners of the business;
C. If the application is made for the issuance of a business tax certificate to a
person to do business under a fictitious name, the names, social security numbers, and
residence addresses of the owners of the business;
D. If the application is made for the issuance of a business tax certificate to a
corporation or partnership, the names, franchise tax number, and residence addresses of the
officers or partners thereof; and
E. Any further information which the Federal or State taxing authority or the
Finance Director may require to enable the issuance of the business tax certificate.
SECTION 3.01.302. BUSINESS TAX CERTIFICATE RENEWALS
In all cases, the. applicant for the renewal of the business tax certificate required by the
provisions of this chapter shall submit to the Finance Director a written statement, upon
a form provided by the Finance Director, written under penalty of perjury or sworn to
before a person authorized to administer oaths, setting forth the actual gross receipts
earned the preceding calendar or fiscal year as reported to any Federal or State taxing
authority to which gross receipts are reported to enable the Finance Director to ascertain
Ordinance (1991 Series) 41202
Page 7
the amount of the business tax to be paid. Unless otherwise specifically provided, all
annual business taxes required by the provisions of this chapter shall be due and payable
on July 1st of each year and shall be delinquent on July 31st of each year.
No renewal of a business tax certificate shall be issued until payment in full of all
delinquent business taxes, including accrued interest and applicable penalties thereon is
received by the City. It shall be the responsibility of the applicant to ensure renewal of the
business tax certificate.
ARTICLE IV. BUSINESS TAX CERTIFICATE ISSUANCE
SECTION 3.01.401. CONTENT
All business tax certificates required by the provisions of this chapter, unless otherwise
provided in this chapter, shall be prepared and issued by the Finance Director upon the
payment to the City of the proper amount of business tax. Each business tax certificate
shall state upon the face thereof the following:
A. The name of the person to whom the business tax certificate is issued
B. The .type of business taxed
C. The location or address of the business taxed
D. The date of the expiration of the business tax certificate
E. That the business tax certificate when issued shall be the receipt for the business
tax paid to the City
F. That the possession of the business tax certificate shall not authorize, permit, or
allow the person to do any act which such person would not otherwise be lawfully entitled
to do.
SECTION 3.01.402. POSTING AND KEEPING
All business tax certificates issued pursuant to the provisions of this chapter shall be posted
and kept in the following manner:
A. Any persons transacting and carrying on business at a permanent location in
the City shall keep such business tax certificate posted in a conspicuous place upon the
premises where such business is carried on.
B. Any persons transacting and carrying on business, but not operating at a
Ordinance (1991 Series) ,1202
Page S
permanent location in the City, shall keep such business tax certificate upon them at all
times while transacting and carrying on such business.
SECTION 3.01.403. DUPLICATES
A duplicate business tax certificate may be issued by the Finance Director to replace any
business tax certificate previously issued pursuant to the provisions of this chapter, which
business tax certificate has been lost or destroyed, upon the filing of a statement of such
fact and the payment of a duplicate fee set by resolution of the City Council.
SECTION 3.01.404. BRANCH ESTABLISHMENTS
A separate business tax certificate shall be issued for each branch establishment or location
of business; provided, however, warehouses and distributing plants used in connection with,
and incidental to, a business taxed pursuant to the provisions of this chapter shall not be
deemed to be separate places of businesses or branch establishments; and provided, further,
any person conducting two (2) or more types of businesses at the same location and under
the same management, or at different locations, but which businesses use a single set or
integrated set of books and records, may elect to pay only one business tax calculated on
all the gross receipts of the businesses, except that a fee set by resolution of the City
Council shall be paid upon issuance for each additional branch or location.
SECTION 3.01.405. CHANGE OF LOCATION
No business tax certificate issued pursuant to the provisions of this chapter shall be
transferable; provided, however, where a business tax certificate is issued for a person to
transact and carry on a business at a particular place, such person, upon an application
therefor and the payment of a fee set by resolution of the City Council, may have the
business tax certificate reissued for transacting and carrying on of such business under such
business tax certificate at some other location to which it is to be moved.
ARTICLE V. ADMINISTRATION
SECTION 3.01.501. CERTIFICATION OF RECORDS
A. CONCLUSIVENESS OF STATEMENTS. No statement required by the
provisions of this chapter shall be conclusive as to the matters set forth therein, nor shall
the filing of such statements preclude the City from collecting by appropriate action such
Ordinance (1991 Series) #1202
Page 9
sums as are actually due and payable pursuant to the provisions of this chapter. Such
statements and each of the several items therein contained shall be subject to certification
by the Finance Director, the deputies of the Finance Director, or authorized employees or
representatives of the City, who are hereby authorized to examine such books and records
of any certificate holder or applicant for a business tax certificate as may be necessary in
their judgment to verify or ascertain the amount of the business tax due.
B. RECORD RETENTION. All persons subject to the provisions of this chapter
shall keep complete records of all business transactions and shall retain such records for
examination by the Finance Director, the deputies of the Finance Director, or authorized
employees or representatives of the City, and maintain them for a period of at least three
years from the annual due date of the federal tax return or the City business tax return,
whichever time period is greater. Records which shall be maintained for audit purposes
shall include State and Federal income tax returns, schedules and records included in such
returns, and any and all work papers used to prepare such returns.
C. EXAMINATION OF RECORDS. All business tax certificate holders, applicants
for business tax certificates, and persons engaged in business in the City are hereby required
to permit an examination of such books and records for the purposes set forth in this
section during regular business hours and at reasonable times.
D. INTEREST AND PENALTIES. If, subsequent to the examination, it is
determined that the business has been delinquent or has non - reported or under - reported
gross receipts, thereby underpaying business taxes, the certificate holder shall pay to the
City within ten (10) days of notification of the determination of the amount of tax due,
interest in the amount of 8% from the date the tax was due, and a penalty in the amount
of the business tax due. Interest shall continue to accrue on the additional tax amount until
such amount is paid in full.
A mistake made in stating the amount of the business tax shall not, in any case,
prevent or prejudice the Finance Director from collecting what is actually due from any
person or entity carrying on a trade, calling, profession, or occupation subject to a business
tax under this chapter.
Ordinance (1991 Series) #1202
Page 10
E. DETERMINATION OF TAX AMOUNTS DUE. If any person subject to the
tax imposed by this chapter fails to submit information required, or if the Finance Director
is not satisfied with records and statements filed, the Finance Director shall determine the
amount of the business tax due from such person by means of such information as may be
obtainable and shall mail a notice of the amount so assessed by serving it personally or by
depositing it in the United States Post Office at San Luis Obispo, California, postage
prepaid, addressed to the person at their last -known address.
SECTION 3.01.502. INFORMATION CONFIDENTIAL
It shall be unlawful for the Finance Director or designee, or any person having an
administrative duty pursuant to the provisions of this chapter, to make known in any
manner whatever the business affairs, operations, or financial information obtained by an
investigation of the records of any person required to obtain a business tax certificate, or
pay a business tax, or any other person visited or examined in the discharge of the official
duty of the Finance Director, or of the amount or source of income, profits, losses, or
expenditures, or any particular thereof, set forth in any statement or application, or
amended statement or application, or copy of either, or in any book containing any abstract
or particulars therein to be seen or examined by any person; provided, however, the
provisions of this section shall not be construed to prevent:
A. Disclosure to, or the examination of records and equipment by, another City
official, employee, or agent for the collection of taxes for the sole purpose of administering
or enforcing the provisions of this chapter or collecting the business taxes imposed by the
provisions of this chapter;
B. The disclosure of information to, or the examination of records by, Federal or
State officials, or the tax officials of another city or county, if the reciprocal arrangement
exists, or to a grand jury or court of law upon a subpoena;
C. The disclosure of information and the results of examination or records or
particular taxpayers, or relating to particular taxpayers, to a court of law for proceedings
brought to determine the existence of the amount of any business tax liability of such
particular taxpayers of the City;
D. The disclosure, after the filing of a written request to the effect, to the taxpayer,
or to the taxpayers' successors, receivers, trustees, executors, administrators, assignees, or
Ordinance (1991 Series) #1202
Page 11
guarantors if directly interested, of information as to items included in the measure of any
paid business tax, any unpaid business tax, or any amount of business tax required to be
collected, including interest and penalties; further provided, however, that the City Attorney
shall approve each such disclosure, and the Finance Director or designee may refuse to
make any disclosure referred to in this subsection when, in their opinion, the public interest
would suffer thereby;
E. The disclosure of the names and business address of persons to whom business
tax certificates have been issued and the general type and nature of their business;
F. The disclosure, by way of public meeting or otherwise, of such information as
may be necessary to the City Council in order to permit the City Council to be fully advised
as to the facts if a taxpayer files a claim for the refund of business taxes, or submits an
offer of compromise with regard to a claim asserted against them by the City for business
taxes, or when acting upon any other similar matter; and
G. The disclosure of general statistics regarding business taxes collected or business
done in the City.
SECTION 3.01.503. FINANCE DIRECTOR ADJUSTMENT POWERS
The Finance Director shall have the power, for good cause shown, and documented by the
Finance Director as a permanent record:
A. To extend the time for filing any required sworn statement;
B. To waive any penalties which would otherwise have accrued;
C. To adjust the amount of the business tax due.
D. To make refunds or prorations of taxes paid.
SECTION 3.01.504. DEBT TO CITY
The amount of any business tax and penalty imposed by the provisions of this chapter shall
be deemed a debt to the City. A suit may be brought against any person to enforce the
collection of the, debt described in this Chapter in any court of competent jurisdiction.
The conviction of any person for transacting any business without a certificate shall
not excuse or exempt such person from payment of any license due or unpaid at the time
of such conviction and nothing herein shall prevent a criminal prosecution for any violation
of the provisions of this Chapter.
Ordinance (1991 Series) ;1202
Page 12
SECTION 3.01.505. DELINQUENCIES AND PENALTIES
For failure to pay the business tax required by the provisions of this chapter prior to the
delinquency date, the Finance Director shall add a penalty of Ten and no /100ths ($10.00)
Dollars or ten (10 %) percent of the business tax, whichever is the greater, on the first day
of each month after the delinquency thereof; provided, however, the total amount of such
penalty to be added in no event shall exceed one hundred (100 %) percent of the amount
of the business tax due.
SECTION 3.01.506. ENFORCEMENT
A. DUTIES OF THE FINANCE DIRECTOR AND CHIEF OF POLICE. It shall
be the duty of the Finance Director to enforce each and all of the provisions of this
chapter, and the Chief of Police shall render such assistance in such enforcement as may
from time to time be required by the Finance Director.
B. INSPECTIONS. The Finance Director, in the exercise of the duties imposed by
the provisions of this section, and acting through deputies or duly authorized assistants, shall
have the right to enter and examine all places of business free of charge during normal
business hours to ascertain whether the provisions of this chapter are being complied with.
C. PENALTY FOR VIOLATION. Any person who violates any provision of
Section 3.01.102 by transacting and carrying on any business, trade, vocation, enterprise,
establishment, occupation, or calling in the City without first having procured a business tax
certificate from the City or without complying with all of the applicable provisions of this
chapter is guilty of an infraction and is subject to punishment as provided for in Chapter
1.12 of this municipal code.
SECTION 3.01.507. EVIDENCE OF DOING BUSINESS
When any person, by the use of a sign, circular, card, telephone book, newspaper, other
publication, or advertising media, shall advertise, hold out, or represent that they are in
business in the City, or when any person holds an active license or permit issued by a
government agency indicating that they are conducting a business in the City, and such
person fails to deny, by a sworn statement given to the Finance Director or designee, that
they are not conducting a business in the City after being requested to do so by the Finance
Director or designee, then these facts shall be considered prima facie evidence that such
person is conducting a business in the City.
Ordinance (1991 Series) 1202
Page 13
SECTION 3.01.508. REMEDIES CUMULATIVE
All remedies prescribed by the provisions of 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 this chapter.
SECTION 3.01.509. APPORTIONMENT
When the business tax imposed by this Chapter cannot be enforced without there being an
apportionment according to the amount of business done in the City of San Luis Obispo,
apportionment rules shall be established by the Finance Director. The Finance Director
shall conduct an- investigation and shall fix as the business tax for the applicant an amount
that is reasonable and nondiscriminatory or, if a business tax has already been paid, shall
order a refund of the amount over and above the business tax so affixed. In fixing the
business tax to be charged, the Finance Director shall have the power to base the business
tax upon a percentage of gross receipts, operating expenses, floor space, payroll, number
of employees, business taxes paid to other cities, or any other measure which will assure
that the business tax assessed shall be uniform with the amount of business done in the City
of San Luis Obispo, or of businesses of a like nature, so long as the amount assessed does
not exceed the business tax set forth in this Chapter.
SECTION 3. Chapter 5.08, Section 5.08.030, License Fee - Occupational, is hereby
deleted.
5.08.030 License Fee - Occupational.
Every operator of not more than ten mechanical amusement devices shall pay an
occupational fee to the city in the sum of twenty dollars per year; every operator of more
Ordinance (1991 Series) 1202
Page 14
than ten mechanical amusement devices shall pay an occupational license fee to the city
in the sum of forty dollars per year.
SECTION 4. A new Chapter 5.08, Section 5.08.030 is hereby added to read as
follows:
5.08.030 Criminal Conduct - Ineligibility for City Licenses and Permits.
A. Except as otherwise provided herein, conviction (including a plea of guilty or
nolo contendere) of a felony, or a misdemeanor involving a crime of moral turpitude or
conduct related to the nature of the permit requested, shall be prima facie disqualification
of an applicant.
B. The City licensing authority, however, may disregard such conviction if it is found
and determined by such licensing authority that mitigating circumstances exist. In making
such determination, the City licensing authority shall consider the following factors:
1. The type of business license or permit for which the person is applying;
2. The nature and seriousness of the offense;
3. The circumstances surrounding the conviction;
4. The length of time elapsed since the conviction;
5. The age of the person at the time of the conviction;
6. The presence or absence of rehabilitation or efforts at rehabilitation;
7. Contributing social or environmental conditions.
C. The City licensing authority shall give notice of disqualification to an applicant
disqualified under this section. Such notice shall be in writing and delivered personally or
mailed to the applicant at the address shown on the application.
D. An applicant who is disqualified for a City permit under this section may appeal
such determination of disqualification. Such appeal shall be in writing and filed with the
City Clerk within ten days of the date of the notice of disqualification. The Council shall
hear and determine the appeal within ninety days after it is filed. The determination of the
Council on the appeal shall be final.
SECTION 5. Chapter 5.08, Section 5.08.040, License fee - Location, is hereby
deleted.
5.08.040 License fee - Location.
In addition to the occupational license fee required by Section 5.08.030, every operator shall
Ordinance (1991 Series) 1202
Page 15
pay a location license fee in the sum of ten dollars per year for each mechanical amusement
device rented out or placed by such operator in the city.
SECTION 6. A new Chapter 5.08, Section 5.08.040 is hereby added to read as
follows:
5.08.040 Fee for License and Permit
Application for a license or permit shall be accompanied by a nonrefundable fee as
established by the Council. The fee shall be in an amount sufficient fully to defray
administrative cost incurred in the processing of an application, and shall not be-in lieu of
other fees or taxes, including business taxes, required by this code.
SECTION 7. Chapter 5.08, Section 5.08.050, License Fee - Location owner, is
hereby deleted.
5.08.050 License fee - Location owner.
A location owner shall be exempt from the payment of the occupational license fee
required of an operator. Each location owner shall pay a license fee for each mechanical
amusement device owned, used and operated by him in the sum of ten dollars.
SECTION 8. Chapter 5.12, Contractors, is hereby deleted.
SECTION 9. Chapter 5.16, Section 5.16.030, Permit Determination, is hereby
deleted.
5.16.030 Permit - Determination
Such permit shall be granted or withheld in the discretion of the council; provided, however,
that no permit shall be granted at the meeting on which the petition therefor is presented,
nor within six days thereafter.
SECTION 10. A new Chapter 5.16, Section 5.16.030 is hereby added to read as
follows:
5.16.030 Permit - Determination.
Permit application shall be referred to the Chief of Police for investigation and report to
the licensing authority pursuant to Section 5.16.080.
SECTION 11. Chapter 5.16, Section 5.16.050, Permit holders not exempt from
license fee, is hereby deleted.
5.16.050 Permit Holders not Exempt from License Fees.
The person holding such permit shall not be exempt from the payment of a license fee or
Ordinance (1991 Series) 1202
Page 16
fees for conducting such business.
SECTION 12. Chapter 5.16, Section 5.16.050 is hereby added to read as follows:
5.16.050 Fee for License and Permit.
Application for a license or permit shall be accompanied by a nonrefundable fee as
established by the Council. The fee shall be in an amount sufficient fully to defray
administrative cost incurred in the processing of an application, and shall not be in lieu of
other fees or taxes, including business taxes, required by this code.
SECTION 13. Chapter 5.16, Section 5.16.070, Entering private residential property
without invitation deemed a nuisance, is hereby deleted.
5.16.070 Entering upon Private Residential Property without Invitation deemed a- Nuisance.
A. The entry in or upon private residential property or premises in the city by
solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise
without invitation or authorization of the occupant, or the occupants, of such residential
premises so to do for the purpose of soliciting orders for any and all types of real or
personal property or for any type of services or disposing of or peddling or hawking the
same is declared to be and hereby constitutes a public nuisance and a misdemeanor,
punishable as provided in this code.
B. 'Private residential premises" means any premises in the city whereupon any
person is residing in the city whereupon any person is residing or living, including private
residence, hotel, motel, boardinghouse, roominghouse, apartment, flat, bungalow or motor
court or multiple residential dwelling. (Prior code 4220.11)
SECTION 14. A new Chapter 5.16, Section 5.16.070 is hereby added to read as
follows:
5.16.070 Entering upon Private Residential Property without Invitation.
A. No solicitor, peddler, hawker, itinerant merchant, transient vendor, or any other
person shall enter in or upon private residential property or premises in the city without
invitation or authorization of the occupant, or the occupants, of such residential premises
for the purpose of soliciting orders for any and all types of real or personal property or for
any type of services or disposing of or peddling or hawking the same, except upon permit
from the Council.
Ordinance (1991 Series) 1202
Page 17
B. "Private residential premises" means any premises in the city whereupon a person
is residing or living, including but not limited to any private residence, hotel, motel,
boardinghouse, roominghouse, apartment or multiple residential dwelling.
SECTION 15. A new Chapter 5.16, Section 5.16.080 is hereby added to read as
follows:
5.16.080 Criminal conduct - Ineligibility for City Licenses and Permits.
The provisions of Section 5.08.030 shall be applicable to this Chapter.
SECTION 16. A new .Chapter 5.20, Section 5.20.055 is hereby added to read as .
follows:
5.20.055 Criminal Conduct - Ineligibility for City Licenses and Permits
The provisions of Section 5.08.030 shall be applicable to this Chapter.
SECTION 17. Chapter 5.20, Section 5.20.140, Certificate holders' registration and
license fees, is hereby deleted.
5.20.140 Certificate holders' registration and license fees.
Every holder of a certificate of public convenience and necessity shall pay the following
registration and license fees to the city.
The sum of forty dollars semiannually in advance for each taxicab permit. The license shall
be issued in the same manner provided by this code for other licenses of the city.
SECTION 18. Chapter 5.20, Section 5.20.140, is hereby added to read as follows:
5.20.140 License - Application and Renewal.
Any application for a license to operate a taxi shall be accompanied by a nonrefundable fee
as established by the Council. The application fee charged hereunder, shall be in sufficient
amounts to fully defray administrative costs incurred in the processing of an application and
are not made in lieu of any other fees or taxes required under this code. A license to
operate a taxi shall be renewed annually.
SECTION 19. A new Chapter 5.60, Section 5.60.010 is hereby added to read as
follows:
Chapter 5.60 Posting
5.60.010 Advertising by Posting - Permit Required
A. Every person carrying on the business of advertising by posting, sticking, tacking,
affixing or painting bills or signs to or upon posts, fences, buildings, or other structures,
Ordinance (1991 Series) 1202
Page 18
except billboards or advertising sign boards, shall pay a permit fee. The fee shall be in an
amount sufficient to defray administrative cost incurred, and shall not be in lieu of other
fees or.taxes, including business taxes, required by this code.
B. Before a permit is issued under this section, the applicant must first obtain
approval from the Council.
SECTION 20. A new Chapter 5.64, Section 5.64.010 is hereby added to read as
follows:
Chapter 5.64 Public Dances
5.64.010 Permit Required
Every person who shall conduct a, public dance at which an admission fee is charged, shall
pay a permit fee set by Council, payable in advance. This fee shall be in an amount
sufficient to fully defray administrative cost incurred, and shall not be in lieu of other fees
or taxes, including business taxes, required by this code. Before a permit is granted under
this section the applicant must obtain a permit from the Chief of Police and must during
such dance provide two or more uniformed members of a City licensed private patrol
service as defined in this code, the number of such persons to be determined at the full
discretion of the Chief of Police.
SECTION 21. A new Chapter 5.68, Section 5.68.010 is hereby added to read as
follows:
Chapter 5.68 Cardrooms
5.68.010 Cardrooms Prohibited
A. No person shall conduct, maintain, manage, operate, carry on or cause to be
conducted, maintained, managed, operated or carried on, any cardroom or other business
where tables or other items of furniture are used directly or indirectly for playing cards or
card games and for the use of which a fee, commission or compensation is directly or
indirectly charged to, or accepted or received from, players or participants in any such
playing of cards or card games.
B. A "card room" means any space, room or enclosure furnished or equipped with
a table or tables, or other items of furniture, used or intended to be used as a card table
for the playing of cards, and the use of which is available to the public or any portion of
the public; provided that "card room" shall not include a room in which the sole card game
Ordinance (1991 Series) 461202
Page 19
SECTION 22. Chapter 1. 12, Section 1. 12.06013 is hereby amended to delete
"Chapter 5.04 - Business Licenses;" and to add in its place: "Chapter 3.01 - Business Tax ;"
SECTION 23. A synopsis of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published once in full, at least three (3) days prior to the
final passage in the Telegram- Tribune, a newspaper published and circulated in said city,
and the same shall go into effect at the expiration of thirty (30) days after its said final
passage. A copy of the full text of this ordinance shall be on file in the office of the City
Clerk on and after the date following introduction and passage to print and shall be
available to any interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the 1 s t day of o c t o b e r, 1991, on motion of C o u n c i l w o m a n
R a p—a , seconded by C o u n c i l m a n R o i I m a:, and on the following roll call vote:
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, Mayor Dunin
NOTES: None
ABSENT: None
ATTEST: MAYOR R 0 N D U N I N
CIA CLERK Q v o G E S
APPROVED:
ity Ad nistrative Officer
i tto ney
Director of Finance
m
Ordinance No. 1202 (1991 Series)
1 7-j.
FINALLY PASSED this 29th day of October
1991 on motion of Councilwoman Rappa
seconded by
Councilman Roalman , and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin
NOES: None
ABSENT: None
ATTEST:
0
13
ayor Ron Dunin
�J