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Home My WebLink AboutOrdinance #2679 i I ORDINANCE NO. 2679 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SUBSECTION (b) OF SECTION 5. 04. 010 DEFINING "APARTMENT HOUSE" 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 subsection (b) of section 5 . 04. 010 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 two or more families living indepen- dently 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 . This section shall not apply where the building or portion thereof mentioned above consists of two units on a single lot as long as one of such units is owner occupied. (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 pre- ceding 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 ser- vice 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. Provided further, that the average number of employees for any business not having a fixed location in the city means the number of per- ahb 12/16/83 1. not having a fixed location in the city means the number of per- sons employed daily for the period during which the applicant for a license conducts such business, and shall be determined by as- certaining 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 obtained by the number of hours of -service constituting a day' s work, according to the custom or laws gov- erning such employments , 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 random 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 divi- sions or subjects : irrigation, drainage, water power, water .supply, flood control, inland waterways, harbors, docks and wharves ., shipyards and ports , levees , river control and reclama- tion works, railroads , highways, streets and roads, tunnels , sewers and sewage disposal plants and systems, pipelines 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, power- houses, power plants and other utility plants and installations, land leveling and earthmoving 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 chap- ter, includes 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 2. is intended or designed for occupancy by more than three guests , whether rent is paid in money, goods , labor, services or other- wise and which is maintained, advertised or held out to the pub- lic as a place where sleeping or rooming accommodations are fur- nished to the whole or any part of the public whether with or without meals. (j ) "Individual ." as used inthis chapter, means every per- son, owner and/or employee actively engaged in any business in the city of Huntington Beach. (k) "Peddler." as used in this chapter, means and includes any person not having a fixed placed 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 , I wares , merchandise or services, who delivers such objects, articles , goods , wares, . merchandise or services 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 trans- acting 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 repre- sentative 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 delivery of articles, goods ., wares or merchandise, services or subscriptions inclusive of news- papers ,, magazines, periodicals books and all other publications , and whether collecting advance payments or not, and inclusive of all persons who thus go from place e 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 sales- men, agents and the like who sell or take orders for the sale of wholesale goods to persons maintaining 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 3. 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 aforementioned department . The classification assigned to contractors by the state of California will be used in deter- mining 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 con- tractor 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 collected for the operation of such machine or device by means of a coin slot or otherwise , excluding "bulk-vending machines. " SECTION 2. This ordinance shall take effect thirty days after its passage . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th of February 1984. or ATTEST: APPROVED AS TO FORM: City Clerk /.,k0,,r jCity Attorney REVIEWED APPROVED: INITIATED AND APPROVED: f ty Administrator irector of TDevelopment Services REV D ND P D: Chie Adjninistr ve Services 4. Ord. No- 2679 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 meetingthereof held on the 16th day of January Y Y 19 84 , and was again read to said City Council at a regular meeting thereof held on the 6th day of February 19 84 and was passed and adopted by the affirmative vote of more than a majority of all the members of'said City Council. AYES: Councilmen: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g,Alicia M. Wentworth CITY CLERK of the City of Hunt'.ng :.n Reach and ex•officio Clerk of the City Cou:%c;, -a 'r:e�ehy certify that a synopsis of this hear pt fished 7n the Huntington In acCor'arCe ffr tEe r'*;- Chuar'•_,., of sulj City. ALICIA M. WENTWORTH . .................................I....... ....... City Clerk Dewy cY Belk