HomeMy WebLinkAboutOrdinance #2594 ORDINANCE NO. 2594
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 5. 04 . 010, 5. 16. 070 AND
5.16. 4103 ALL RELATING TO FEES FOR AMUSEMENT
MACHINES
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by amending sections 5. 04. 010, 5.16. 070 and 5.16. 410 to
read as follows :
5 .04 . 010 Definitions . (a) "Amusement machine" shall mean
any mechanical or electronic game, equipment, machine or device
which is played or operated for amusement or entertainment, wherein
a sum of money is charged or collected for the operation of such
machine or device by means of a coin slot or otherwise.
(b) "Apartment house, " as used in this chapter includes any
building, or portion thereof, which is designed, built, rented,
leased, let or hired out to be occupied, or which is occupied as
the home or residence of three or more families living independently
of each other, in which building or portion thereof, kitchen or
cooking facilities are incorporated, whether or not the occupants
do their cooking in said building, and shall include flats and
apartments .
(c) "Average number of employees ," as used in this chapter,
includes the total number of employees in the managing, operating
transacting and carrying on of any business in the city. The
average number of employees for any business having a fixed
location in the city means the average number of persons employed
daily for the twelve-month period ending on December 31
next preceding the date of license application, 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 days 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. Provided further, that the average number of employees
for any business not having a fixed location in the city means
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
RCS :ahb
11/29/82 1.
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 ob-
tained by the number of hours of service constituting a day' s
work, according to the custom or laws governing such employ-
ments , and again dividing the sum thus obtained by the number
of business days upon which the total hours of service is based.
(d) "Bulk-vending machine," as used in this chapter,
means a nonelectrically-operated vending machine, containing
unsorted confections, nuts or merchandise which, upon insertion
of a coin or coins , dispenses same in equal portions, at ran-
dom and without selection by the customer, excluding "vending
machines . "
(e) "Business, " as used in this chapter, includes pro-
fessions, trades , and occupations and all and every kind of
calling whether or not carried on for profit .
(f) "General building contractor, " as used in this chapter,
means a contractor whose principal contracting business is in
connection with any structure 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 con-
struction the use of more than two unrelated building trades
or crafts or to do or superintend the whole or any part thereof.
(g) "General engineering contractor, " as used in this
chapter, means a contractor whose principal contracting busi-
ness is in connection with fixed works requiring specialized
engineering knowledge and skill, including the following di-
visions or subjects : irrigation, drainage, water power, water
supply, flood control, inland waterways, harbors , docks
and wharves , shipyards and ports, levees, river control and
reclamation works , railroads , highways , streets and roads ,
tunnels, sewers and sewage disposal plants and systems, pipe-
lines and other systems 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 installations, land leveling and earth-
moving projects, excavating, grading, trenching, paving and
surfacing work and cement and concrete works in connection
with the above-mentioned fixed works .
(h) Home occupations . Licenses may be issued for various
forms of home occupations to those persons who have satisfactorily
made application for and have successfully obtained a variance.
(i) "Hotel, motel or rooming house," as used in this
chapter, including any lodging house, motel, hotel, rooming
house, bungalow court, auto court or public or private club
containing more than three guest rooms or units , and which
is occupied or is intended or designed for occupancy by more
than three guests , whether rent is paid in money, goods, labor,
2.
services or otherwise and which is maintained, advertised or
held out to the public as a place where sleeping or rooming
accommodations are furnished to the whole or any part of the
public whether with or without meals .
(j ) "Individual, " as used in this chapter, means every
person, owner and/or employee actively engaged in any business
in the city of Huntington Beach.
(k) "Peddler, " as used in this chapter, means and in-
cludes 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 the order for the same, at
the time such order is placed and paid for.
(1) "Person, " as used in this chapter, includes all
domestic and foreign corporations, associations , syndicates,
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 other than as an employee.
(m) "Solicitors and canvassers ," as used in this chapter,
means and includes any individual not having a fixed place
of business within the city 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 busi-
ness 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 delivery of articles ,
goods , wares or merchandise, services or subscriptions inclu-
sive 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, 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 main-
taining a fixed place of business in this city who are licensed
as prescribed by this title.
(n) "Specialty contractor," as used in this chapter, also
means a subcontractor and is a contractor whose operations as
such are the performance of construction or other work re-
quiring special skill and whose principal contracting business
involves the use of specialized building trades or crafts or
other specialized techniques and who is not classified as a
general engineering or general building contractor by the
3 .
Department of Professional and Vocational Standards of the
state of California, and those various categories of con-
tractors who are not required to be and who are not licensed
as "contractors" by the aforementioned department . The clas-
sification assigned to contractors by the state of California
will be used in determining the fee for issue of license by
this city. A license as a specialty or subcontractor will not
be issued to a person classified by the state as a general or
engineering contractor unless such contractor holds a valid
sub- or specialty contractor classification license in addition
to his general or engineering license.
(o) "Vending machine, " as used in this chapter, means
any weighing, service, merchandise, food or drink-dispensing
machine, or device wherein a sum of money is charged. or col-
lected for the operation of such machine or device by means of
a coin slot or otherwise, excluding "bulk-vending machines . "
5.16. 070 Amusement activities . License fees are imposed
for amusement activities as follows :
(a) For any bowling alley, the first six lanes, a
minimum fee of $300 per year; for each lane over six
(b) For boxing or wrestling exhibitions per exhi-
bition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22. 50;
(c ) Carnival, tent show or open-air show or in
hall or building constructed for theatrical purposes. . . $150. 00 D;
In addition, for five concessions or less . . . . $ 30. 00 D;
In addition, for each concession in excess of
five . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6. 00 D;
(d) For each juke box, phonograph or motion pic-
ture device operated by insertion of coin, per machine. $ 22 . 50 A.
(e) The owner of the business shall be held responsible for
the full amount of the license fee if the operator, exhibitor,
machine owner, lessee or other person has not paid the fee when
due and payable.
5.16. 410 Vending bulk-vendinE and amusement machines .
a Every person owning, conducting, transacting, managing,
operating or carrying on the business of providing, furnishing,
letting the use of, distributing or maintaining any vending ma-
chine, bulk-vending machine and/or amusement machine, as defined
in this title, and not prohibited by law, shall pay an annual li-
cense fee in accordance with the following schedule:
(1) VendinE Machines:
For each service machine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3. 00 A
All others :
For each machine charging $ . Ol to and including $ . 04. . . $ 2.00 A
For each machine charging $ . 05 to and including $ . 09 . . . $ 6. 00 A
For each machine charging $.10 and over. . . . . . . . . . . . . . . . $ 12. 00 A
For each cigarette-vending machine. . . . . . . . . . . . . . . . . . . . . $ 25. 00 A
4 .
Stamp vending machines dispensing United States postage stamps
for mailing purposes are hereby exempt from the terms and pro-
visions hereof.
(2) Bulk-vending Machines:
For each machine charging . 01 to and including $ . 04. . . $ 2. 00 A
For each machine charging $ . 05 to and including $ . 09 . . . $ 4. 00 A
For each machine charging $ .10 or over. . . . . . . . . . . . . . . . . $ 6.00 A
(3) Amusement Machines :
For each pinball mac ine. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50. 00 A
For each pool/billiard machine. . . . . . . . . . . . . . . . . . . . . . . . .$ 50. 00 A
For all other amusement machines . . . . . . . . . . . . . . . . . . . . . . . $ 50. 00 A.
(b) In the event any license fee provided by this section
on any vending or bulk-vending machine is not paid when due and
payable, the owner of the business on whose business premises
such vending or bulk-vending machine is located, shall be jointly
and severally liable to pay the full amount of such license fee.
(c) A person having a business license in connection with
a fixed place of business in this city is not exempt from payment
of license fees otherwise imposed by this chapter.
(d) A minimum annual license fee of $300 shall be paid by
each game arcade, amusement center room, business or parlor con-
taining an aggregate of four or more pool tables , billiard tables,
pinball machines , electronic video screen game machines, and/or
other amusement devices . The fees levied under this section
shall be credited toward such minimum.
SECTION 2 . This ordinance shall take effect thirty days
after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of January, 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIE AND APPROVED: INITIATED AND APPROVED:
City Administrator Chief of Admini rative
Services
5.
Ord. No. 2594
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 6th day of December
19 82 , and was again read to said City Council at a regular
meeting thereof held on the 3rd day of January , 19 83 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Thomas, MacAllister, Mandic, Finley, Bailey, Kelly
NOES: Councilmen:
Pattinson
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
i, Alicia M. Wentworth 61TY CLERK of the City of
Huntingwn Beach and ex-offi6io Clerk of the City
Council, do hereby c0rtify that a synopsis of this
ordinance aas been published In the Huntington
Beach Independent on
19 P'3
In accordance with the City Charts;of said City,
ALICIA M. WENTWORTH
.........................
City Clerk
.......... ..., .. ... ...
ieputy City Clerk