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HomeMy WebLinkAboutOrdinance #2965 f.. ORDINANCE NO. 2965 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5 .16 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO INCREASE RATES The City Council of the City of Huntington Beach does ordain as follows; SECTION 1 . Chapter 5 .16 of the Huntington Beach Municipal Code is hereby amended to read as follows : 5 . 16 .010 Rates per employees . The following rates shall apply to business licenses: First three employees 45 .00 Next nine persons, per employee 3 .75 Next forty persons, per employee 2 .25 All other employees in excess of forty, per employee 1 .50 5 .16 .020 Rates per employees--Minimum license . The minimum license in each classification shall be 45 .00 per year . In any case where a licensee or an applicant for a license believes that this individual business is not assigned to a proper classification under this chapter because of circumstances peculiar to it, he may apply to the finance director for reclassification . Such application shall contain such information as the finance director may deem necessary and require in order to determine whether applicant ' s individual business is properly classified. The finance director shall then conduct an investigation, following which he shall assign the applicant 's individual business to the classification shown to be proper on the basis of such investigation. 5 . 16 .030 Application for reclassification--Action . The finance director shall notify the applicant of the action taken on the application for classification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Huntington Beach, California, postage prepaid, addressed to the applicant at his last known address . Such applicant may, within fifteen days after the mailing or serving of such notice, make written request to the city clerk for a hearing on his application for reclassification . If such request is made within the time prescribed, the city clerk shall cause the matter to be set _ 1 _ 2965 for hearing before the city council within fifteen days . The city clerk shall give the applicant at least ten days notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken in the application for reclassification . The city council shall consider all evidence and its findings thereon shall be final . Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the application for reclassification. 5 . 16 .040 License classifications designated. Every person described in the following classifications who engages in business within the city shall pay a license tax based upon the average number of employees at the rates hereinafter set forth: (a) Classification A. Abstractor of titles Draftsman Accountant Drugless practitioner Accounting service Electrical engineer Advertising agent Electrologist Agricultural advisor or Employment agency or bureau counselor Fine arts or music school Appraiser Geologist Aquarian chirothessian Herbalist Architect Industrial relations Assayer consultant Attorney at law Insurance adjuster Auctioneer Interior Decorator Auditor Investment counselor Bacteriologist Labor relations consultant Bail bond broker Landscape architect Barber shop Lapidary Beauty shop Mechanical engineer Business management consultant Mortician Certified public accountant Naturopath Chemical engineer Oculist Chemist Optician Child nurseries (4 children Optometrist or more) Oral surgeon Chiropodist Orchard care Chiropractor Osteopath physician Civil engineer Physician Claim adjuster Physician and surgeon Construction engineer Private home for the aged Consulting engineer (4 persons or more) Dancing academy Real estate broker Dealers in stocks, bonds Real estate office and other securities Sanitation engineer Dental laboratory Stocks and bonds broker Dentist Surgeon Designer Surveyor Detective Taxidermist Detective agency Trade or business school - 2 - 2965 Tree remover Tree trimming Tree surgery Veterinarian and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this chapter will be classified in the above category. (b) Classification B. Any person who is licensed as a contractor or who is defined as a contractor in subsections (f) , (g) , or (h) of section 5 .04 .010; provided that .licenses for contractors not maintaining a fixed place of business in the city may, at the option of applicant for such license, be based upon the flat rate fees prescribed in section 5 .16 .050 . (c) Classification C. Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods , wares, merchandise, or produce, comes under this classification. (d) Classification D. Any person conducting, managing or carrying on a business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or business not otherwise specifically licensed by other sections of this chapter comes under this classification. 5 .16 .050 Flat rate payment code letters. Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual, quarterly, monthly, weekly or daily as indicated in this section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter "M" shall indi- cate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall indicate weekly fee. All amounts shown are in dollars. 5 . 16 .060 Advertising. The fees for advertisers shall be as follows: (a) By distributing samples or handbills, provided that this section 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 . $ 45 .00 A (b) By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined in Article 976 of the Huntington Beach Ordinance Code. 82 .50 A - 3 - 2965 (c ) By vehicle containing amplifier, phonograph, loudspeakers, etc. : For each vehicle 82 .50 A Or at option of licensee, for each vehicle 22 .50 D If any such vehicle is used by a city licensee to advertise solely his own business and such vehicle is regularly registered and licensed by the state to such licensee, then ! the fee for each such vehicle $ 30 .00 A Or at the option of the licensee, for each such vehicle $ 15 .00 D (d) By means of stereopticon, biograph, moving pictures or similar device (not moving picture theaters) used outdoors . 195 .00 A Or, used indoors 82 .50 A 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 $307 .50 per year; for each lane over six ( 6 ) $ 50 .00 A (b ) For boxing or wrestling exhibitions per exhibition $ 30 .00 (c) Carnival, tent show or open-air show or in hall or building constructed for theatrical purposes. 157 .50 D In addition, for five concessions or less 37 .50 D In addition, for each concession in excess of five 13 .50 D (d) For each juke box, phonograph or motion picture 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 .080 Auctioneer . For the business of licensed auc- tioneer or auction company whose permanent place of business, as filed with the California Auctioneer Commission, is located in the city of Huntington Beach, the fee shall be subject to rates per employees as detailed in section 5 .16 . 010 . 5 . 16 .090 Bankrupt sale . For the conducting, managing or carrying on the business of selling, offering for sale or otherwise handling by special retail sale the stock in trade of any bankrupt or insolvent person, the fee shall be 30 .00 D - 4 - 2965 5 .16 .100 Bath . For every person conducting, managing, or carrying on the business of giving steam baths, electric light baths, shower baths, electric tub baths, sponge baths or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping accommodations, the fees shall be $ 82 .50 A 5 .16 .110 Circus . With seating capacity under four thousand, the fee shall be: First day 232 .50 D Each additional day 157 .50 D With seating capacity over four thousand, the fee shall be: First day 307 .50 D Each additional day 157 .50 D For each sideshow in conjunction with a circus, the fee shall be $ 22 .50 D For every concession in conjunction with a circus, the fee shall be $ 15 .00 D 5 .16 .120 Contractors . Every person engaging in business in this city as a contractor , as defined in subsections (e) , (f) , and ( 1) of section 5 .04 .010, who does not engage in such business from a fixed place of business within this city, and who elects to exercise the option provided for in section 5 .16 .040, shall pay a license fee as indicated herein: General engineering and/or general building contractor 112 .50 A Specialty, subcontractor, or other 60 .00 A 5 .16 .130 Dancing teacher . Every person engaged in the profession of dancing teacher who has no regularly established place of business where instruction in dancing is given, shall pay a fee of $ 37 .50 A 5 .16 .140 House moving . Every person engaged in house moving or wrecking of buildings and/or structures, shall pay a fee of 82 .50 A 5 .16 .160 Junk collector . (a) For every person conducting, managing or carrying on the business of junk collector, the fee shall be 157 .50 A or at the option of the licensee 15 .00 D (b) For the purpose of this section, a "junk collector" means any person, other than a junk dealer engaged in the business of buying or selling, either at wholesale or retail , rags, bottles, papers, cans, metal or other articles of junk . - 5 - 2965 5 .16 .170 Junk dealer and auto wrecking . (a) For every person conducting, managing or carrying on the business of junk dealer or auto wrecker, the fee shall be $ 157 .50 A (b) For the purpose of this section an "auto wrecker" means and includes any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the pur- pose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. 5. 16 . 180 Music or fine arts teacher . Every person engaged in the profession of teaching music, dramatics, art , designing, dressmaking, mechanics or any other trade or fine art who has no regularly established place of business where such teaching is carried on, shall pay a fee of $ 45 .00 A 5 .16 .190 Office building. For every person conducting, managing or carrying on the business of operating an office building, for each office therein the fee shall be 7 .50 A and 3 .00 for each unit/office 5 .16 .200 Oil business--Nonproduction. Every person con- ducting, managing, carrying on or engaging in, from a fixed place of business in the city, the business or activity of oil well, injection well, or water-source-well drilling or ser- vicing operation, or refining oil or petroleum products and producing the byproducts, or marketing, selling or distri- buting at wholesale, oil or any petroleum products, or by- products, or maintaining tankage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof, shall pay a license tax in accordance with section 5 . 16 .010 . Nothing in this section shall be deemed to apply or relate to actual oil or gas production operations. 5. 16 .210 Outdoor theaters. For every person conducting, managing or carrying on an outdoor theater where moving or motion pictures are exhibited the license fee shall be: Number of Stalls Fee per Year First 500 $ 307 .50 All over 500 (per stall) .45 A separate license shall be obtained for snack bars, foodstands and other concessions. - 6 - 2965 r 5 ,16 .221 Pawnbroker . For the purpose of this section the term "pawnbroker" shall include every person conducting, managing or carrying on the business of lending money either for himself or for any other person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon . Nothing in this section shall be deemed to apply to the lending of money or personal property or personal security by any bank authorized to do so under the laws of the state or of the United States . The license fee shall be $ 457 .50 A 5 .16 .230 Peddler . Peddlers of flags, banners, balloons, cones, horns, kites, noise-making instruments, toys, notions„ souvenirs or similar goods or novelties of any description other than fro a stand, tent, wagon or other vehicle shall pay a fee of $ 10 .00 D or by vehicle $ 67 .50 A Peddlers or any article or commodity not mentioned in this section, including every person, firm or corporation conduct- ing the business of selling and delivering any goods for human consumption directly to the consumer thereof, by means of a regular system of delivery vehicles for the purpose of making sales and deliveries upon a fixed route, or in the case of good catering vehicles, from place to place, within this city shall pay a fee of 15 .00 D or $ 67 .50 A Provided, however, that issuance of a license to any per- son, firm or corporation under this section shall not be con- strued to permit violation by such person, firm or corporation of Chapter 9 .64 . The license tax prescribed by this section shall cover one person and in the case of route peddlers, one vehicle only and an additional like fee shall be paid for each additional such person or vehicle so engaged . Prior to the issuance of any license under this section, such applicant shall comply with the provisions of Chapter 9 .64 of the Huntington Beach Municipal Code and with the provisions of sections 5 .12 .050 and 5 . 12 .060 . 5 . 16 .240 Public dance hall, public dance and dinner dancing place. Every person conducting, managing or operating a public dance hall or dinner place shall pay a fee of 307 .50 A Every person conducting, managing or operating a public dance shall pay a fee of (per dance) $ 30 .00 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: - 7 - 2965 (a) "Public dance hall" means a place open to the public upon payment of admittance fee, wherein music is provided and people are allowed to dance which is so open at regular inter- vals or on regular days of the week . (b) "Public dance" means a dance open to the public for an admittance fee or charge, which is held on one day only. (c) "Dinner dancing place" means a place where music is provided and the public is permitted to dance without payment of a fee. 5 . 16 .250 Public Utilities . Any public utility operating in the city under a franchise or franchises from the city, or applicable therein; and which makes franchise payments there- under is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the city. 5 . 16 .260 Rooming house, apartment house, motel, bungalow or auto court . For every person conducting, managing, or carrying on the business of operating an apartment house, rooming house, motel, bungalow court or auto court consisting of three or more rental units, the fee shall be 7 .50 A and $6 .00 per unit 5 . 16 .270 Skating rink . For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park, the license fee shall be $ 157 .50 A 5 . 16 .280 Small stands and businesses -Temporary and permanent . Every person, not having a regularly established place of business in this city, who sells or offers for sale goods or articles of any description in his possession, or services, at, on or from a stand upon any public street, alley or public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise .licensed by the terms of this chapter shall pay a fee of 45 .00 A; or, at the option of the licensee, 10 .00 D. 5 . 16 .290 Solicitor or canvasser . For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged, the fee shall be $ 22 .50 D. Prior to the issuance of any license under this section, each applicant shall comply with the provisions of Chapter 9 .64 of the Huntington Beach Municipal Code and with the provisions of sections 5 . 12 .050 and 5 . 12 .060 . This section shall not apply to any person, or employee or agent or - 8 - 2965 representative of any person whose principal place of business is in and who has a license in the city as provided elsewhere by this title, or who takes orders only from businesses licensed under this title. 5 . 16 .300 Soliciting on streets for hotels or dining rooms . For every person conducting, managing or carrying on the business of soliciting customers, or patronage upon any public street, alley or other public place, for any hotel, inn, rooming house, lodging house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation, the fee shall be $82 .50 A. 5 .16 .310 Stockyard auction . For every person conducting, managing or carrying on any stockyard, sales, stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction, the .license fee shall be $ 157 .50 A. 5 . 16 .320 Trailer parks . For every person conducting, managing or carrying on the business of trailer park or mobilehome park the license fee shall be $ 82 .50 annually for the first twenty-five trailer spaces and $ 2 .25 for each additional trailer space. 5 . 16 .330 Transportation, trucking and hauling-- Established place of business . 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, 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 schedule 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 one ton $ 7 .50 A; For vehicles with a manufacturer ' s rated capacity of under three tons, but one ton or over $ 22 .50 A; For vehicles with a manufacturer ' s capacity of three tons or over $ 30 .00 A 5 . 16 .340 Transportation, trucking or hauling--No business location. 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, and who uses the public - 9 - 2965 streets or highways of this city for the purpose of such use or operation for the delivery or transportation of any goods, wares, merchandise, products of any nature, raw materials, waste materials, pipe or casting, tanks, machinery or tools of any description or in connection with the 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 $ 45 .00 for each and every vehicle so used or operated other than those vehicles described in sections 5 .16 .340 and 5.16 .350 . 5 .16 .350 Transportation, trucking or hauling--Exceptions from fee. No fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this city if such operation is merely occasional or incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this city upon an average of more than thirteen in any quarter of the year . More than thirteen such trips or hauls within any quarter shall be deemed doing business within this city. A business shall be deemed conducted within this city if an office or agency is maintained here or if transportation business is solicited here . 5 . 16 .360 Transportation, trucking or hauling--Dump and tank trucks . Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation, hauling or delivery or removal of crude oil, petroleum products or petroleum byproducts in any form, rotary mud, sand, dirt fill, asphalt, water, machinery of any description, or any other articles or commodity not otherwise classified in sections 5 .16 .330 and 5 .16 .340, who uses the public streets or highways of this city for the purpose of such use or operation, who is not required to pay the license or fees as set forth in section 5 .16 .330 and 5.16 .340, shall pay an annual license fee based upon each motor vehicle so used or operated of $ 37 .50 plus : (a) Dump Trucks . For each vehicle with single rear axle 22 .50 A For each vehicle with dual rear axle 25 .50 A; (b) Tank Truck or Tank Wagon (semi-tractor and front trailer as one tank truck or tank wagon) . For each tank truck or tank wagon 67.50 A For each additional tank truck, wagon or trailer 13 .50 A. 5, 16 ,310 Truck rental or leasing. (a) Every person conducting, managing or carrying on the business of renting or leasing the use of any truck or motor-propelled vehicle for 10 - 2965 the transportation of materials, commodities or products, or the transportation of any other object, to be driven by the person or employees or other representative of the person hiring the same at rates per mile, per trip, per hour, per day, per week, per month, per year or any greater period of time, and the truck or vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of 45 .00 plus 15 .00 for each truck or vehicle over one used in the business . (b) In the case of persons operating trucks or vehicles in this city, within the meaning of sections 5 .16 .330 through 5 .16 .350, 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 prescribed in sections 5 . 16 .330 through 5 .16 .350, whichever is applicable, and the person in the business of renting or leasing such truck or vehicle to the renter or lessee shall not be required to pay an additional fee for each such truck or vehicle so rented or leased over one used in the business . 5 .16 .380 Passenger vehicle rental or leasing . Every person conducting, managing or carrying on the business of renting or leasing the use of any motor-propelled vehicle for the transportation of persons to be driven by the person or employee or other representative of the person hiring, renting or leasing the same at rates per mile, per trip, per hour, per month, per year or any greater period of time, and where such vehicle is under the directional control of the person hiring the same, shall pay an annual license fee of 45 .00 plus 7 .50 for each vehicle over one used in the business . Provided that where a person conducts, manages or carries on the rental or leasing of both trucks and passenger vehicles as one and the same business, from the same place of business, the payment of only one annual license fee of $ 45 .00 will be required in addition to the prescribed fees for each vehicle over one used in the business . 5 .16 .390 Trailer rentals . Every person conducting, managing or carrying on the business of renting the use of trailers designed to be attached to motor-propelled vehicles shall pay an annual license fee of $37 .50 plus 1 .50 per wheel for all trailers used in the business . 5 .16 .400 Transportation--Water . Every person engaged in the business, in whole or in part, of using or operating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommodation is paid directly - 11 - 2965 or indirectly, or 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, shall pay an annual license fee in accordance with the following schedule: For the first vessel $ 45 .00 A; For each and every vessel so used or operated in excess of one vessel : Less than sixteen feet in length $ 15 .00 A; Sixteen feet or over but less than twenty-six feet in length $ 22 .50 A; Twenty-six feet or over but less than forty feet in length 30 .00 A; Forty feet or over in length 37 .50 A. 5 . 16 .410 Vending, bulk-vending 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 machine, bulk-vending machine and/or amusement machine, as defined in this title, and not prohibited by law, shall pay an annual license fee in accordance with the following schedule: (1) Vending Machines : Service machines: $ 7 .50 A and 3 .00 for each service machine All others : $ 7 .50 A and For each machine charging $ .01 to and including $.04 $ 2 .00 For each machine charging $.05 to and including $.09 6 .00 For each machine charging $.10 and over 12 .00 For each cigarette vending machine 1 25 .00 Stamp-vending machines dispensing United States postage stamps for mailing purposes are hereby exempt from the terms and provisions hereof . ( 2 ) Bulk-vending Machines : 7 .50 A and For each machine charging $.01 to and including $.04 $ 2 .00 For each machine charging $.05 to and including $.09 $ 4 .00 For each machine charging $.10 or over $ 6 .00 - 12 - 2965 (3 ) Amusement Machines : For each pinball machine 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 thisse.ction 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 $307 .50 shall be paid by each game arcade, amusement center room, business or parlor containing 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. 5 .16 .420 Water companies . An annual fee of: $ 7 .50 and .75 per customer for the maximum number of customers at one time during the preceding calendar year . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of September , 1988 . f May r ATTEST: APPRO ED AS TO FORM: <2l City Clerk y Atto neynOVED ����� ��.- UJ REVIEWED AND APPROVED: INITIATED AND City Administrator City Treasurer be - 13 - 2965 Ord. No. 2965 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sss CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, 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 September 19 88 , and was again read to said City Council at a regular meeting thereof held on the 19th day of September , 19 88 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Councilmembers: Kelly, Green, Finley, Erskine, Winchell NOES: Councilmembers: Bannister ABSENT: Councilmembers None OUT OF ROOM: Mays 1, Connie Brockway, CITY Clerk of the City of Hwftton Beach and ex-afflda Clerk of the City Cocncli, ,� two ythata synopsis ofthis City Clerk and ex-officio CWFk orft , as beets pAloW in the Daily Pilot on of the City Council of the City ,19 of Huntington Beach, California orsw City. ...�.......�., .C'C�Iti _.. k1i�dY...._ perk ' puty City Clerk 2965