HomeMy WebLinkAboutOrdinance #3241 t
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ORDINANCE NO. 3241
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.16. OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO RATES CHARGED TO BUSINESS
BY ADDING SWAP MEETS, INDOOR SWAP MEETS, SPECIAL EVENTS,
SPECIFIC EVENTS AND CHARITABLE EVENTS
Whereas the City of Huntington Beach wishes to amend the Business License Code to
include rates charged to Swap Meets, Indoor Swap Meets, Special Events, Specific Events
and Charitable Events,
NOW, THEREFORE the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. That Chapter 5.16 of the Huntington Beach Municipal Code is hereby
amended by adding section 5.16.315, said section to read as follows:
5.16.315 Swap Meets Indoor Swap Meets Special Events Specific Events and
Charitable Events. The operators and exhibitors shall pay a business license tax according to
the provisions of this section.
A) Definitions as used in this section shall have the following meaning:
1) Operator shall mean any person or organization conducting or operating a swap
meet, special event, specific event or charitable event within the city at which goods are
offered for sale to the public. This shall include such events commonly referred to as a
farmer's market and arts and craft shows.
2) Exhibitors shall mean any person or organization exhibiting, displaying, selling,
exchanging, or offering for sale or exchange any property or service at a meet or event.
3) Meet or Event shall mean an activity where the place or location has been
advertised by any means whatsoever as a place or location to which members of the
public at large during a specified period of time, may purchase or exchange property or
services. This does not include carnivals, circuses, or sideshow events.
4) Indoor Swap Meet shall mean an operation of occasional, periodic or regularly
scheduled markets held within a building of at least 100,000 square fee that has
received a conditional use permit to conduct an indoor swap meet.
5) Stall, Space Or Booth, shall be defined as a physical area measuring 144
square feet or less.
6) Charitable or Non-Profit Organizations shall mean those who have submitted
papers as defined by Internal Revenue Code 501C3 and by the California Secretary of
State, and have received written approval of their non-profit status from both the
Internal Revenue Service and the California Secretary of State.
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B) Fees:
1) Indoor Swap Meets
Indoor swap meets, because of their unique character and location, will have
rates established individually by City Council action.
2) Outdoor Swap Meets
a) Every operator shall pay a business license fee, based upon the
following table:
Stalls/Booths Annual
0 - 50 $300
51 - 100 $400
101 - 200 $500
over 200 $600
b) Each exhibitor will be required to have a regular business license after
participating eight (8) times at the swap meet.
3) Special Events, Specific Events and Charitable Events.
a) Every operator shall pay a business license fee based upon the following
table:
Stalls/Booths (30 Days or Less) Annual
0 - 50 $200 $300
51 - 100 $300 $400
101 -200 $400 $500
over 200 $500 $600
b) Each exhibitor shall pay a fee in the amount of one dollar ($1.00) per stall per
day. Where two (2) or more exhibitors share a single stall, each such exhibitor shall
pay a separate daily stall fee. Such fee shall constitute a debt owed by the exhibitor to
the city and shall be extinguished only by payment to the operator. The exhibitor shall
pay the fee to the operator at the time and on each day the exhibitor participates in the
meet. Any unpaid fee shall be paid upon the termination of the exhibitor's participation
in the specific meet. Each operator shall collect the fee imposed by the provisions of
this section to the same extent and at the same time as any other fees are collected
from every exhibitor. The amount of the fee shall be separately stated from any other
moneys collected by the operator. The fee shall be in addition any other fee required
by the city. Exhibitors may elect to pay for a regular business license for that location in
lieu of paying daily fees.
c) On or before the tenth day following each meet, each operator shall file a return
with the City Treasurer showing the total amount of fees collected under this section
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and such other information as may be required by the City Treasurer. At the time the
return is filed, the operator shall remit the full amount of the fees collected to the City
Treasurer. Returns and payments shall be due immediately upon cessation of
business by the operator for any reason.
d) Every operator shall hold all fees collected under this section in trust for the
account of the city until payment thereof is made to the City Treasurer. Any operator
who fails to remit the fees within the time specified shall pay a penalty of ten (10)
percent for each month said payment is overdue.
C) Records:
Each operator shall keep full and accurate records of receipts and stall rentals to
vendors in connection with the operation of the meet. The city, by and through its authorized
officers shall have the right to examine and audit such records, including records of any bank
accounts, at any reasonable time, and operators shall cooperate fully with inspection of them.
Such records shall include, but are not limited to, the total number of stall rentals from each
day, as well as whatever records are necessary in order to provide the city any required
information pursuant to subsection (b) (3) of this section.
SECTION 2. This ordinance shall take effect thirty (30) days after adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20TH day of SEPTEMBER , 1994.
Mayor
A ST: APPROVED AS TO P
s
(�
City Clerk City Attorney
ND APPROV INITIATED AND APPROVED:
City Administrator City Treasurer
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3241
Ord. No. 3241.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio 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 seven; that the foregoing ordinance was read to
said City Council at a regular meeting thereof held on the 12th day of September,
1994, and was again read to said City Council at an adjourned regular meeting
thereof held on the 20th of September, 1994, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Councilmembers:
Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Moulton-Patterson
I, rponnie erockviay CITY C FERC of the G+ty of
Huntington Beach�1!jd[:<o i:c:o Gle:':.OE the Gity
:•sir€y f j .a 5; of i s
ordinance OiiY Roof on City Clerk and ex-officio Clerk
, 19 of the City Council of the City
of Huntington Beach, California
City Clerk
B pLA:i City Oark