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HomeMy WebLinkAboutOrdinance #838 c ' ORDINANCE No. 838 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH OR- DINANCE CODE RELATING TO TIE LICENSING OF THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS CALLINGS AND OCCUPATIONS IN THE CITY OF HUNTINGTON BEACH BY AMENDING SECTIONS THEREOF AND ADDING NEW SECTIONS THERETO. The City Council of the City of Huntington Beach do or- dain as follows: Section 1. That Section 2101 of the Huntington Beach Ordinance Code be , and it is hereby amended to read in words and figures as follows: Section 2101. Definitions. (a) PERSON. As used in this Ordinance, "Person" includ- es all domestic and foreign corporations, associations, syndi- cates, joint stock corporations, . partnerships of every kind, clubs, Massachusetts business, or common law trusts, societies, and individuals transacting and carrying on any business in the City of Huntington Beach other than as an employee. (b) BUSINESS. As used in this Ordinance , "Business" includes professions, trades , and occupations and all and every kind !of calling whether or not carried on for profit. (c) AVERAGE NUMBER OF EMPLOYEES. As used, in this Ordi- nance "Average number of Employees" includes the total number of employees in the managing, operation, transacting and 1. Ord. No. 838 carrying on of any business in the City of Huntington Beach. The average number of employees for any business having a fixed location in the city shall mean the average number of persons employed daily for the twelve months period ending on the December 31st next preceding the date of license ap- plication, and shall be determined by ascertaining the total number of hours of service performed by all employees during such year, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day' s work, according to the custom or laws governing such employments, and by again dividing the sum thus obtained by the number of business days in such year. The same ordinance further provides that the average number of employees for any business not having a fixed location in the City shall mean the number of persons employed daily for the period during which the applicant for a license conducts such business, and shall be determined by ascertaining the total number of hours of service performed by all employees during the three days, or less, on which the greatest number of persons is employed, and dividing the total number of hours of service thus obtain- ed by the number of hours of service constituting a day' s work, according to the custom or laws governing such employments, and again dividing the sum thus obtained by the number of bus- iness days upon which the total hours of service is based. (d) HOTELS MOTEL, OR ROOMING HOUSE. As used in this or- 2. Ord. No. 838 dinance , "Hotel, Motel, or Rooming House" including any lodg- ing house , motel, hotel, rooming house, bungalow court, auto court, or public or private club containing more than three (3) guest rooms or units, and which is occupied or is in- tended or designed for occupancy by more than three (3) ' guests, whether rent is paid in money, goods, labor, services or otherwise and which is maintained, advertised or held out to the public as a place where sleeping or rooming accomoda- tions are furnished to the whole or any part of the public whether with or without meals. (e) APARTMENT HOUSE, DUPLEX. As used in this Ordinance "Apartment House" shall include a building or buildings, whether or not contiguous, or portion of a building, each of which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of more than three (3) families living independently of each other, in which building, buildings, or portion of building, kitchen or cooking facilities are incorporated, whether or not the families occupying such building or buildings do their cooking in said building or buildings. (f) GENERAL ENGINEERING CONTRACTOR. As used in this Or- dinance, "General Engineering Contractor" is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: 3• Ord. No. 838 Irrigation, drainage, water power, water supply, flood con- trol, inland waterways, harbors, docks and wharves, shipyards and ports, levees, river control and reclaimation works, railroads, highways , streets and roads, tunnels, sewers and sewage disposal plants and systems, pipelines and other sys- tems for the transmission of petroleum and other liquid or gaseous substances, parks, ,playgrounds and other recreational works,refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and in- stallations , land leveling and earthmoving projects, excav- ating, grading,. trenching, paving and surfacing work and cement and concrete works in connection with the above mention- ed fixed works. (g) GENERAL BUILDING CONTRACTOR. As used in this Ordi- nance , a "General Building Contractor" is a contractor whose principal contracting business is in connection with any structure:1_built,. being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels or, movable property of any kind, requiring in its construction. the use of more than two unrelated building trades or crafts or to do or superintend the whole or any part thereof. (h) SPECIALTY CONTRACTOR. As used in this Ordinance, a "Specialty Contractor" shall also mean a subcontractor and is a contractor whose operations as such are the performance of Ord. No. 838 construction or other work requiring special skill and whose principal contracting business involves the use of specializ- ed building trades or crafts or other specialized techniques and who is not classified as a general engineering or gener- al building contractor by the Department of Professional and Vocational Standards of the State of California, and those various categories of contractors who are not required to be and who are not licensed as "Contractors" by the aforemention- ed department. (i) VENDING MACHINE. As used in this Ordinance, a "Vending Machine" is any weighing, amusement,. service , mer- chandise , food, or drink dispensing machine, or device wherein a sum of money is charged or collected for the oper- ation of such machine or defice by means of a coin slot or otherwise. (j) SOLICITORS AND CANVASSERS. As used in this Ordi- 'nance , "Solicitors and Canvassers" are defined to be and in- clude any individual not having a fixed place of business- within the City of Huntington Beach who for himself, or as agent or representative for or of another, in person or by telephone or by any other means of communication is engaged in the business of going from house to house and place to place or at or along the streets of this City, offering to sell intangibles, such as bonds or stock or oil or mining shares or units, or soliciting or taking orders for future 5. Ord. No. 838 delivery or articles, goods, wares or merchandise, ser- vices or subscriptions inclusive of newspapers, magazines, periodicals, books and all other publications, and whether collecting advance payments or not, and inclusive of all persons who thus go from place to place , and .from house to house within the City, in any like or analogous activities, including those who solicit funds or articles for charitable purposes, and inclusive of any and all such persons who may or may not engage in any actual or purported interstate commerce. The terms solicitor and canvasser shall not apply to commercial salesmen, agents and the like who sell or take orders for the sale of wholesale goods to persons maintain- ing a fixed place of business in this City who are licensed as prescribed by this Ordinance. (k) PEDDLER. As used in this Ordinance, a "Peddler" is defined to be and includes any person not having a fixed place of business in this City, who for himself, or as agent or representative for or of another, goes from house to house , and place to place , or at or along the streets of. this City offering to sell tangible objects or articles, goods, wares, merchandise , or services, who delivers such object, article, goods, wares, merchandise, or service, in person, .to the individual placing order for the same, at the time such order is placed and paid for. (1) HOME OCCUPATIONS. Licenses may be issued for 6. Ord. No. 838 various forms of Home Occupations to those persons who have satisfactorily made application for and have successfully obtained a variance. Section 2. That Sections 2102.6, 2102.8, 2102.91 2103.29 2103.319 2103.47 2103.101 2103.1011 2103.141 2103.1411 2103.197 2103.191, 2103.192, 2103.193 and 2103.20 of the Huntington Beach Ordinance Code are hereby amended, and as amended, shall read in words and figures as follows: Section 2102.6. NO LICENSE TRANSFERRABLE: AMENDED LICENSE FOR CHANGED LOCATION:. No license issued pursuant to this Ordinance shall be transferrable; provided, that -There a license is issued authorizing a person to transact and carry on a business at a particular place , such license may upon application therefor and paying a fee of Two Dollars and Fifty Cents ($2.50) have the .license amended to author- ize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved. ,Section 2102.8. DUPLICATE LICENSE, LICENSE DECAL., OR LICENSE PLATE. A duplicate license, license decal, or license plate may be issued by the City Clerk to replace any license , license decal, or license plate previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement, paying to the City Collector a du- 6.a. Ord. No. 838 plication. issue fee of One Dollar ($1.00) . Section 2102.9. POSTING AND KEEPING LICENSES. All li- censes must be kept and posted in the following manner: (a) Any licensee transacting or carrying on business at a fixed place of business in the City of Huntington Beach shall keep the license posted in a conspicuous place upon. the premises where such business is carried on and have in or upon the licensee ' s business vehicles the license decals or license plates issued for such vehicles. (b) Any licensee transacting and carrying on business but not operating at a fixed place of business in the City of Huntington Beach shall keep the license upon his person at all times while transacting and carrying on such business and have in or upon each of the licensee ' s business vehicles, at the time of operation in this City, the license decal or license plate issued for such vehicles. Section 2103.2. CLASSIFICATIONS. CLASSIFICATION "B" Any person who is licensed as a contractor or who is defined as a contractor in subsections (f) , (g) , or (h) or Section. 2101 of this Ordinance: Provided, that licenses for con- tractors not maintaining a fixed place of business in tre City of Huntington Beach shall be based upon the flat-rate fees prescribed in Section 2103.61 of this Ordinance. r7 Ord. No. 838 Section 2103.' l. ADVERTISING. By distributing samples or handbills, provided that this subsection shall not apply to any person, employee, agent, or. .representative of any person who already has a City license as provided elsewhere in this Chapter------------------------------------$25.00 A By sign or bill posting, outdoor advertising, but not including sign painting or sign maintenance-----50.00 A By vehicle containing amplifier, phonograph,loud speakers, etc. : Foreach vehicle----------------------------------50.00 A Or at the option of the licensee, for each Vehicle=---------------------------------------- 10.00 D If ahy such vehicle is used by a City licensee to advertise solely his own licensed business and such vehicle is regularly registered and licensed by the State to such licensee , then the fee for each such vehicle------------------ 15.00 A or, at the option of the licensee , for each such vehicle----------------------------------- 5.00 D By means of steroptician, biograph, moving pic- *tures, or similar device (not motion picture theaters) , used outdoors----------------------- 125,0.0 A. Or used indoors-------------------------------- 50.00 A Section 2103.4. AMUSEMENTS. For any amusement center room, business, or parlor containing pool tables and/or bill- ' iard tables, and/or bowling alleys, for each such table or alley, with a minimum fee of $100.00 per annum-----$15.00 A Before the license indicated in this Section can be issued the applicant must obtain a permit from the City Council in accordance with the provisions of Article 533 of the Hunting- ton Beach Ordinance Code. 8. Ord. No. 838 Section 2103.10. PEDDLER. of flags, banners, balloons, cones, horns, noise-making instruments, toys, notions, sou venirs, or other similar goods, not by vehicle------$2.50 D by pushcart, per vehicle----------------------------10.00 Q by basket or other container carried by hand--------10.00 Q Of medicines, who calls attention to his wares by use of music, entertainment , speech, fancy dress, or other device on any street, in any doorway, or on any vacant lot, whether actual sale is made upon said premises or elsewhere------------------------- 25.00 D of medicines, other than as above------------------ 10.00 D of toys, notions, goods (other than medicines who calls- attention to his wares by music, entertain- ment, speech, fancy dress, or other device------- 25.00 D of any article or commodity not mentioned in this section------------------------------------------- 10.00 D 40.00 A which license tad shall cover one person only, and an addit- ional like fee shall be paid for each additional person so engaged.. Prior to the issue of any license under this sec- tion, each applicant shall comply with the provisions of sec- tions 4048, 4048.1, 4048.2 and 4048.3 of the Huntington Beach Ordinance Code and with the provisions of subsections lb, 2a, b, c, d, e, f, 31 4 and 5 of section. 2101.82 of this chapter. Section 2103.101. SOLICITOR OR CANVASSER. For every person conducting, managing, carrying on or engaging in the 9• Ord. No. 838 business of solicitor or canvasser, for each such person em- ployed or engaged in such business in the City-----$10.00 D Prior to the issue of any license under this section, each applicant shall comply with the provisions of sections 4048, 4048.17 4048.2 and 4048.3 of the Hunt- ington Beach Ordinance Code and with the provisions of subsections lb, 2a, b,c,d,e,f, 3, 4, and 5 of Section 2101.82. of this chapter. This section.- shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in this City as provided elsewhere by this Ordinance, or who takes orders only from businesses licensed under this Ordinance. Section 210 .14, ROOMING HOUSE. APARTMENT HOUSE, MOTEL, BUNGALOW OR AUTO COURT. For every person conducting managing, or carrying on the business of operating an apart- ment house , rooming house, motel, bungalow court, or auto court consisting of four or more units: If the average monthly rent does not exceed Fifty Dollars ($50.00)per month per unit--------------------------$ .50 per unit If the average monthly rent exceeds Fifty Dollars ($50.00) per month per unit but does not exceed One Hundred Dollars ($100.00)-------------------------------------------$1.00 per unit 10. Ord. No. 838 If the average monthly rent exceeds One Hundred Dollars ($100.00) per month per unit---------------------$1.50 per unit Section 2103.141. TRAIIu�R PARKS. For every person conducting, managing or carrying on the business of a trailer park or mobile home park, Fifty Dollars ($50.00) annually for the first 25 trailer spaces---$1.50 for each additional trailer space. Section 2103.19. TRANSPORTATION, TRUCKING AND HAULING. Every person engaged in the business in whole or in. part, of using or operating any motor vehicle in connection with the conduct of their business , for the transportation of any goods, wares, merchandise, products of any nature , raw materials, waste materials, pipe or castings, tanks or machinery or tools of any description, when said person. has an established place of business within the City, shall pay an annual license fee in accordance with the following sched— ule for each and every motor vehicle so used or operated in excess of one vehicle: For vehicles with a manufacturer' s rated capacity of under 1 ton----------------------------------------- $ 5.00 A For vehicles with a manufacturer' s rated capacity of under 3 tons, but one ton or over------------------- 15.00 A For vehicles with a manufacturer' s rated capacity of 3 tons or over-------------------------------------- 20.00 A 11. Ord. No. 838 Section 2103.191. SAME. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle in connection with the conduct of their busi- ness , and who uses the public streets or highways of this City for the purpose of such use or operation, for the deliv- ery or transportation of any goods, wares, merchandise, prod- ucts of any nature , raw materials, waste materials, pipe or castings, tanks, machinery or tools of any description, or in connection with rendering services for fees, when said person does not have an established place of business within this City, shall pay an annual license fee of $25.00 for each and every vehicle so used or operated other than those vehicles described in Section 2103.192, Section 2103.122. SAME, ALL OTHERS. Every person en- gaged in the business, in whole or in part, of using or oper- ating motor vehicles for the transportation, hauling, or de- livery or removal of crude oil, petroleum products or petro- leum by-products in any form, rotary mud, sand, stone, dirt fill, asphalt , water, machinery of any description, or any other articles or commodity not otherwise classified in Sec- tions 2103.19 and Section 2103.191, who uses the public streets or highways of this City for the purpose of such use or operation, and who is not required to pay the license or fees as set forth in Sections2103.19 and 2103.191 of this Chapter shall pay an annual license fee based upon each motor vehicle so used or operated as follows : l Ord. No. 838 DUMP TRUCKS For each vehicle with single rear axle---------$10.00 A FoT each' vehicle with dual rear axles---------- 12.00 A TANK TRUCK OR TANK WAGON (Semi-tractor & Front trailer con- sidered as one tank truck or tank wagon) . For each tank truck or tank wagon------------- 40.00 A For each additional tank truck, wagon or trailer------------------------------------ 4.00 A Section 2103.193. TRUCK RENTALS. Every person con- ducting, managing, or carrying on the business of renting the use of any truck or motor propelled vehicle for the trans- portation of materials , commodities , or products, or the transportation of any other object , to be driven by the per- son or employee of the person hiring the same at the rates per mile , per trip, per hour, per day, per week, or per month, and the truck or vehicle is routed under the direction of the person hiring the same, shall pay an annual license fee of $25.00 and $10.00 for each truck or vehicle over one used in the business. In the case of persons operating trucks or vehicles in this city, within the meaning of Sections 2103.191 and/or 2103.192, when such truck or vehicle has been rented from a truck rental business or agency, the person having rented or hired such truck or vehicle shall pay the license fee pre- scribed in Sections 2103.191 or 2103.192 whichever is appli- cable. 13. Ord. No. 838 Section 2103.20. VENDING AND OTHER COIN OPERATED MACHINES. For every person conducting, managing, operating or maintaining on his premises any weighing amusement , service , merchandise , food or drink dispensing machine or device not otherwise licensed under this Ordinance and not prohib- ited by law, wherein a sum of money is charged or collected for use of such machine or device by means of a coin slot or otherwise : For each machine or device charging 1¢ to and including 4¢---------- ---------------------------------------- $ 2.00 A For each machine or device charging 5¢ to and including 9¢--------------------------------------------------- 6.00 A For each machine or device charging 100 and over----- 12.00 A Stamp vending machines dispensing United States Postage Stamps for mailing purposes are hereby exempt from the terms and provisions hereof. The above license shall not be required where such machine or device is operated and owned by a person already licensed to conduct a business in an established place of business in the City. The owner of the business wherein the machine or device indicated herein is ;ocated shall be held responsible for the full amount of the license fee if the owner of the machine or device has not paid the fee when due and payable. Section 3. That Sections 2101.21, 2101.41, 2103.017 14. Ord. No. 838 2103.021 2103.611 2103.73 and 2103.241 are hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows: Section 2101.21. UNPAID FEES AS BAR TO FURTHER LICENSE. No license shall knowingly be issued to any person who, at the time of making application for any license , is indebted to the City for any prior unpaid license fee. Section 2101.41. BUSINESS LICENSE A RECEIPT NOT A PERMIT. The business license issued pursuant to the provis- ions of this ordinance constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement , not a permit, to conduct, manage , or carry on any business activity within this City. Section 2103.01. PERMIT FROM CITY COUNCIL REQUIRED TO OPERATE CERTAIN BUSINESSES. No license shall be issued for the conduct of any business which, in the 6pinion of the City Clerk, or his deputies, would be detrimental'to the public health, safety, welfare , or moral standards of the City of Huntington Beach, until a permit shall have first been obtained from the City Council. Section 21.03.02. PETITION FOR PERMIT. Whenever any person, persons, firm, co-partnership or corporation de- sires to open or keep any business for which, in the opinion Ord. No. 838 of the City Clerk or his deputies, would require a permit from the City Council, he , she, they, or it shall petition the City Council for such permit in writing. Said petition. shall set forth the name of the applicant , the character of the business, the location of the p emises where the bus- iness is to be conducted, if a firm or corporation, the names and addresses of all the officers and parties finan- cially interested in the business, a statement indicating whether or not alcoh9lic beverages are to be sold on the premises, and list any and all games and amusement machines and devices to be operated on the premises. On the hear- ing of said petition, the Council may grant the permit in whole or in part, may grant conditional permit, may pre- scribe insurance or bond requirements, or may reject the petition; and no license shall be issued thereon except as ordered by the Council. Section 2103.61. CONTRACTORS. Every person engag- ing in business in this City as a contractor, as defined in subsections (f) , (g) and (h) of Section 2101 of this ordinance, and who does not maintain a fixed place of busi- ness in this City shall pay a license fee as indicated herein: General Engineering and/or General Building Contractor-4 70.00 A. Specialty, Subcontractor, or other--------------- 35.00 A. 16 Ord. No. 838 Section 2103.73. FORTUNE TELLING, ASTROLOGY, PALMISTRY, ETC. For every person who carries on, practices, or progesses to practice, the business or art of Fortune Telling, Astrology, Palmistry, Clairvoyance , Crystal Gazing Hypnotism, Divination, Magic, Necromacy, Phrenology, or any and all kindred practices, whether same is practiced as a business or as an exhibition, excepting only religious and charitable benefits having recblved a permit from the City Council------------------------------------------$150.00 M. Section 2103.241. REVOCATION: SUSPENSION. (a) REVOCATION FOR LAW VIOLATION. ' Any licensee who shall permit the violation of the City ordinance or state laws or of the laws of the United States of America within his licensed establishment shall be subject to having his license suspended or permanently revoked by the Council. (b) MOTION, COMPLAINT : PROOF. Any license issued hereunder may be revoked by the Council upon its own motion or upon the verified complaint of any citizen or resident of this City upon proof being made to the satisfaction of the City Council that the licensee is conducting the business licensed in such a manner as to be detrimental to the public health, morals or safety of the general public. (c) HEARING: NOTICE. No such license shall be revoked except upon a hearing by the Council, of which hear- 16 a• Ord. No. 838 ing the licensee shall have had not less than ten (10) days' notice. Such notice , written, and served upon the licensee either personally or by certified mail, with return receipt requested, (and when by certified mail, deposited in the United States Post Office at this City not less than ten (10) days before the date of the hearing addressed to the licensee: at the place for which the license was issued, with postage p repair thereon) , shall be sufficient notice. (d) HEARING. At such hearing, the licensee shall be entitled to be represented b counsel- and shall be given full opportunity to show cause why his license should nit be revoked. Section 4. The City Clerk shall certify to the pass— age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 1 th day & May 1961. Mayo . ATTE City Cler 17_ Ord. No. 838 STATE OF CALIFORNIA County of Orange ) ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officoo Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordi- nance was read to said City Council at a regular meeting thereof held on the . -I'st- day of May , 1961, and was again read on the 15th day of May , 1961, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: WELLS, LAMBERT, STEWART, WAITE, GISLER NOES: Councilmen: NONE ABSENT: Councilmen: None " City Clerk and e officio Clerk of the City Council of the City of .Huntington Beach, Calif. 18.