HomeMy WebLinkAboutOrdinance #3603 ORDINANCE NO. 3603
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING TITLE 5 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO BUSINESS LICENSES AND REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 5.10 of the Huntington Beach Municipal Code (Enforcement of
Title) is hereby deleted in its entirety.
SECTION 2. Chapter 5.12 of the Huntington Beach Municipal Code (Exemptions to
Provisions) is hereby deleted in its entirety.
SECTION 3. The following sections of Chapter 5.04 are hereby amended:
5.04.010 Definitions. Unless the particular chapter, provision or the context otherwise
requires, the definitions and provisions contained in this section shall govern the
construction, meaning, and application of words and phrases used in Title 5.
(a) "Amusement machine" means 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" means 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 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. 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) "Auto wrecker" means 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 purpose
of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in
the materials of such vehicle or vehicles.
(d) "Average number of employees" means the full-time equivalent of employees in the
managing, operating, transacting and carrying on of any business in the city. The average
number of employees for any business means the average number of persons employed
daily for the twelve-month period ending on December 31 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 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.
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(e) "Bulk-vending machine" means a nonelectrical ly-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."
(f) 'Business" means professions,trades, and occupations and all and every kind of calling
whether or not carried on for profit.
(g) "City Treasurer"means the City Treasurer and his or her designee.
(h) "Dinner dancing place" means a place where music is provided and the public is
permitted to dance without payment of a fee.
(i) "Event"means certain short-term events which may be held on public or private property
by persons, charitable organizations or businesses, at which some measure of business is
conducted which may include the sale of tickets, entry fees or registration, the promoting
or advertising of a business or organization, fund-raising events, or the sale of
merchandise. These events include but are not limited to art shows, sidewalk sales,
seminars,trade shows, amusement attractions, fashion shows, marathon runs, car shows,
festivals, sporting events or any combination thereof.
(j) "Exhibitors" means any person or organization exhibiting, displaying, selling,
exchanging, or offering for sale or exchange any property or service at a meet or event.
(k) "General building contractor" 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 construction the use of more than two (2) unrelated building trades or crafts or to do or
superintend the whole or any part thereof.
(1) "General engineering contractor" means a contractor whose principal contracting
business is in connection with fixed works requiring specialized engineering knowledge
and skill, including the following divisions 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, 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, powerhouses,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 abovementioned fixed works.
(m) "Hotel, motel or rooming house" means 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 (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 accommodations are furnished to the whole or any part of the public whether
with or without meals.
(n) "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.
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(o) "License"means a license required for any person conducting,transacting, carrying on or
engaged in any business, trade,profession, calling or occupation in the City.
(p) "Licensee"means any person conducting, transacting, carrying on or engaged in any
business in the City who has acquired,or is required to obtain, a business license.
(q) "Merchandise"means tangible items,wares, goods, objects and articles which maybe
offered for sale.
(r) "Operator"means any person conducting or operating a swap meet, or event within the
City. This shall include such events commonly referred to as a farmer's market and arts
and craft shows.
(s) "Peddler" means 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 person placing the order for the same, at
the time such order is placed and paid for.
(t) "Person" means all domestic and foreign corporations, associations, syndicates,joint
stock corporations, partnerships of every kind, clubs, or common law trusts, societies and
individuals transacting and carrying on any business in the city other than as an
employee.
(u) ".Public dance" means a dance open to the public for an admittance fee.or charge, which
is held on one day only:
(v) "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
intervals or on regular days of the week.
(w) "Service Machine" means any mechanical or electronic machine, device or equipment
that is operated,rented or used for a fee and provides a service to the customer, such as
computers, scanners,photocopiers,weighing machines, vacuum cleaners or car washes.
(x) "Solicitors and canvassers"means any person 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 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 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 maintaining a fixed place of business in
Us city who are licensed as prescribed,by this title.
(y) "Specialty contractor" means a subcontractor and is a contractor whose operations as
such are the performance of construction or other work requiring special skill and whose
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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 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
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.
(z) "Stall, Space or Booth" shall be defined as a physical area measuring one hundred and
forty-four (144) square feet or less.
(aa) "Swap Meet" means an operation of occasional, periodic or regularly scheduled markets
held within a building of at least 100,000 square feet, or outside, that has received a
conditional use permit to conduct an indoor swap meet.
(bb) "Vending machine" 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."
5.04.060 Permit from Council required for certain businesses. No license shall be issued
for the conduct of any business which, in the opinion of the City Treasurer would be
detrimental to the public health, safety, welfare or moral standards of the City until a
permit shall have first been obtained from the City Council or appropriate City
department.
5.04.080 Investigation fees. Investigation fees may be levied against business
applicants, firms, persons or subsequent employees, when so designated by the City
Administrator and City Council. Said fees shall be reasonable and based on standards set
by the City Administrator and shall be payable to the City Treasurer prior to the police
investigation. Fees are not refundable.
SECTION 4. Section 5.04.070 is deleted in its entirety.
SECTION 5. The following sections of Chapter 5.08 have been amended or added:
5.08.015 Evidence of doing business. When any person shall by use of signs, circulars, cards,
telephone book or newspapers, advertise, hold out, or represent that the person is in business in
the City, or when any person holds an active license or permit issued by a governmental agency
indicating that the person is in business in the City, and such person fails to deny by a sworn
statement to the City Treasurer that they are conducting business in the City, after being
requested to do so by the City Treasurer or authorized employees of the City, then these facts
shall be considered prima facie evidence that the person is conducting a business in the City.
5.08.020 Exem tions--Generall . Nothing in this title shall be deemed or construed to apply to
any person transacting and carrying on any business exempt by virtue of the Constitution or
applicable statutes of the United States or the State of California from payment of such taxes as
are herein prescribed.
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Ordinance No. 3603
(a) Interstate commerce. None of the license taxes provided for by this title shall be so
applied as to occasion an undue burden upon interstate commerce. In any case where a
license tax is believed by a licensee or applicant for license to place an undue burden
upon such commerce,he may apply to the City Treasurer for an adjustment of the tax so
that it shall not be discriminatory or unreasonable as to such commerce. Such application
may be made before, at or within six (6) months after payment of the prescribed license
tax. The applicant shall, by affidavit and supporting testimony, show his or her method of
business and the average number of employees or estimated average number of
employees and such other information as the City Treasurer may deem necessary in order
to determine the extent, if any, of such undue burden on such commerce. The City
Treasurer shall then conduct an investigation, and after having first obtained the written
approval of the City Attorney, subject to the approval of the City Council, shall fix as the
license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the
license tax has already been paid, shall order a refund of the amount over and above the
license tax so fixed. In fixing the license tax to be charged, the City Treasurer shall have
the power to base the license tax upon the average number of employees or any other
measure which will assure that the license tax assessed shall be uniform with that
assessed on businesses of like nature, so long as the amount assessed does not exceed the
license tax as prescribed by this title. Should the City Treasurer determine the average
number of employees measure of license tax to be the proper basis, he or she may require
the applicant to submit, either at the time of termination of applicant's business in the city
or at the end of each three (3) month period, a sworn statement of the average number of
employees and pay the amount of license tax therefor, provided that no additional license
tax during any one (1) calendar year shall be required after the licensee shall have paid an
amount equal to the annual license tax as prescribed in this title.
I. Any person claiming an exemption pursuant to this chapter shall file a verified
statement with the City Treasurer stating the facts upon which exemption is
claimed.
2. The City Treasurer shall, upon a proper showing contained in the verified
statement, subject to approval of the City Council, issue a license to such person
claiming exemption under this section without payment to the city of the license
tax required by this title.
3. The City;Treasurer, after giving notice and a reasonable opportunity for hearing
to a licensee, as provided in sections 5.08.240 and 5.08.250, may revoke any
license granted pursuant to the provisions of this section upon information that the
licensee is not entitled to the exemption as provided herein.
(b) Charitable and nonprofit organizations. As used in this title, "charitable" and "nonprofit
organizations" shall include only religious, charitable, fraternal, educational, military,
state, county or municipal organizations or associations as defined by Internal Revenue
Code §501(c). The provisions of this chapter shall not be deemed or construed to require
the payment of a license tax to conduct, manage or carry on any business, occupation or
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Ordinance No. 3603
activity from any institution or organization which is conducted, managed or carried on
wholly for the benefit of charitable purposes or from which profit is not derived, either
directly or indirectly, by any, person, nor shall any license tax be required for the
conducting of any entertainment, concert, exhibition or lecture on scientific, historical,
literary, religious or moral subjects within the City whenever the receipts of any such
entertainment, concert, exhibition or lecture are to be appropriated at any church or
school or to any religious or benevolent purpose; nor shall any license tax be required for
the conducting of any entertainment, dance, concert, exhibition or lecture by a religious,
charitable, fraternal, educational, military, state, county, or municipal organizations or
associations, or lecture are to be appropriated for the purpose and object for which such
organization or association was formed and from which profit is not derived, either
directly or indirectly, by any person, provided, however,that nothing in this section shall
be deemed to exempt any such organization or association from complying with any of
the provisions of this code requiring a permit from the City Council or other City
department, or any commission or officer to conduct, manage or carry on any profession,
trade, calling or occupation.
(c) Disabled veterans--Exempted when. Every honorably discharged soldier, sailor or marine
of the United States, who is physically unable to obtain his or her livelihood by means of
manual labor and who is a qualified voter of the State of California, shall have the right to
hawk, peddle and vend any goods, wares, or merchandise owned by him, except
spiritous, malt, vinous or other intoxicating beverages, without the payment of a license
fee, subject, however, to the restrictions, limitations, regulations and conditions
hereinafter set forth. Every applicant must comply with the following requirements
before a license may be issued under the provisions of this chapter:
l. Every applicant must furnish a certificate of physical disability executed by a
qualified surgeon of the United States Navy, Army, Marines, Air Force or U. S.
Public Health Service, a certificate of honorable discharge from the United States
Navy, Army, Marines, Air Force or U. S. Coast Guard, and a written
recommendation from the representatives of the local posts of the American
Legion and/or the Veterans of Foreign Wars.
2. Every applicant must furnish two (2) identification photographs, one to be
attached to the license issued to said applicant, and the other to be attached to the
copy retained by the City Treasurer. The applicant must also sign both copies of
the license at the time of the issuance thereof.
I License issuance conditions. A license when issued is subject to the following
conditions:
(a) It is nontransferable and for the exclusive use of the licensee named;
(b) Applicant's identification photograph must be attached to the license at all
times, and failure to comply herewith is grounds for revocation of the
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Ordinance No. 3603
license and for refusing its renewal or the issuance of a new license
thereafter;
(c) The licensee named must identify himself or herself by his or her signature
and present a valid license whenever required to do so by a Police Officer
or City Treasurer;
(d) Every license issued under the provisions of this section shall expire thirty
(30) days from and after the date of issuance and a new license may
thereafter be issued pursuant to the provisions of this section subject to
review by the City Treasurer-
(e) It is unlawful for any person, other than the licensee named,to use or have
in his or her possession any license issued pursuant to the provisions of
this section;
(f) It is unlawful for any person to purchase or transfer any license issued
pursuant to the provisions of this section, or for any person to transfer or
convey the certificates mentioned in Section 5.08.020(c)l above, to any
other person for the purpose of securing a license as herein provided.
5.08.030 Conflict with otherprovisions--Tax payment. Persons not required to obtain a license
prior to doing business within the city because of conflict with applicable statutes of the United
States or of the State of California shall not be liable for payment of the tax imposed by this title.
5.08.040 Fee payment--Average number of employees. In the case of an application for license
under the average number of employees classification, the applicant, shall pay the entire
minimum fee plus the amount based on the average number of employees at the time the
application for license is made.
5.08.060 Additional sums due before renewal. No renewal license shall be issued until the full
amount due and payable, including any penalties or other unpaid permit fees or taxes levied by
any City department have been paid in full.
5.08.065 Application, license process and renewal fees. A non-refundable processing fee shall
be paid at the time of application and a non-refundable renewal fee shall be paid annually to
renew the business license. These fees shall be established by resolution of the City Council.
These fees shall be in addition to any other taxes or fees required by this title or required under
any other chapter of this Code.
5.08.070 Fee payment--When ceasing business. In no event shall any portion of the fee be
refundable in the event a business shall cease operation.
5.08.080 Fee payment--When due. The license fee payable under the average number of
employees classification shall be due and payable in the case of an original license before the
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Ordinance No. 3603
license is issued, and in the case of a renewal license, shall accompany the application for
renewal.
5.08.090 Nontransferable--Amended for changed location. No license issued pursuant to this title
shall be transferable; provided, that where a license issued authorizing a particular person to
transact and carry on a business at a particular place or under a particular business name, such
licensee may upon application therefor and paying a fee as adopted by Resolution of the City
Council have the license amended to authorize 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 or business
name.
5.08,100 Delinquent payment--Penalty. For failure to pay a license tax when due, the City
Treasurer shall add a penalty of ten percent(10%) of the license tax on the last day of each
month after the due date thereof.
5,08.110 Delinquent payment--Bars 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 or other fee, permit or invoice.
5.08.120 Bonds--Required when. Where, by the terms of this title, a bond is required to be
furnished by any person accruing or applying for a license, such person shall, before the issuance
to him of such license, deliver to the City Treasurer a bond, executed by any reliable surety
company or by two (2)personal sureties, each of whom is the owner of property within the city,
of the value of twice the amount of the penal sum of the bond.
5.08.130 Bond--Form. The conditions of the bond shall be in a form approved by the City
Attorney.
5.08.160 Replacement--Fees. A duplicate license, license decal or license plate may be issued by
the City Treasurer 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 the City Treasurer a fee as adopted by Resolution of the
City Council.
5.08.170 Posting and keeping. All licenses 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
shall keep the license posted in public view upon the premises where such business is
carried on and have in or upon the licensee's business vehicles the business license or
other form of license as designated by the City Treasurer issued for such vehicle.
(b) Any licensee transacting and carrying on business but not operating at a fixed place of
business in the city 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 business license or other form of license
as designated by the City Treasurer issued for such vehicles.
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Ordinance No. 3603
5.08.180 Application--Contents. Before any license is issued to any person, unless otherwise
provided in this title, a written application by the applicant shall be made to the City Treasurer,
upon a form to be secured from the City Treasurer, and which application shall contain the
following information:
(a) The exact nature or kind of business, profession, show, exhibition, game, occupation or
enterprise for which the license is requested;
(b) The place where such business,profession, show, exhibition, game, occupation or
enterprise is to be carried on, and if the same is not to be carried on at any permanent
place of business, the places of residence of the owners of the same;
(c) Any further information which the City Treasurer may require to enable him or her to
issue the type of license applied for;
(d) In the event that application is made for the issuance of a license to a person doing
business under a fictitious name, the application shall set forth the names and place of
residence of those owning the business, profession, show, exhibition, game, occupation
or enterprise.
5.08.200 Error by City Treasurer--Correct amount due. In no case shall any mistake of the City
Treasurer in stating the amount of a license prevent or prejudice the collection by the city of
what should be actually due from any person carrying on any business, profession, show,
exhibition, game, occupation or enterprise subject to a license under the provisions of this title.
5.08.220 Statements not conclusive determination.
(a) No statements shall be conclusive as to the matters set forth therein, nor shall the filing of
the same preclude the city from collecting by appropriate action such sum as is actually
due and payable hereunder. Such statement and each of the several items therein
contained shall be subject to audit and verification by the City Treasurer.
(b) All licensees, applicants for license, and persons engaged in business in the city are
required to permit an examination of such books and records for the purposes aforesaid.
(c) The information furnished or secured pursuant to this section or Section 5.08.210 shall be
confidential except that information which is deemed to be public records pursuant to
state law. Any unauthorized disclosure or use of such information by any officer or
employee of the city shall constitute a misdemeanor and such officer or employee shall
be subject to the penalty provisions of this title in addition to any other penalties provided
by law.
5.08.230 Failure to file statement. If any person fails to file any required statement within the
time prescribed, or if after demand therefor made by the City Treasurer, such person fails to file
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Ordinance No. 3603
a corrected statement, the City Treasurer may determine the amount of license tax due from such
person by means of such information as he or she may be able to obtain.
5.08.250 Additional power of City Treasurer. In addition to all other powers conferred upon the
City Treasurer, he or she shall have the power, for good cause shown, to extend the time for
filing any required sworn statement for a period not exceeding thirty(30) days,.and in such case
to waive any penalty that would otherwise have accrued in accordance with the City Charter and
Municipal Code; and shall have the further power, with the consent of the City Council,to
compromise and claim as to amount of license tax due.
5.08.260 Deposit of fees, penalties and other moneys into general fund. All fees, penalties and
other moneys received by the City Treasurer pursuant to the provisions of this title shall be
deposited to the general fund of this city upon the same day or the business day next following
the receipt of the same.
5.08.270 Renewal. The licensee shall renew the license annually by payment of the tax and
renewal fee as set forth by Resolution of the City Council, regardless of whether or not a renewal
notice is received by the licensee.
5.08.280 Examination of business place. The City Treasurer, in the exercise of the duties
imposed upon him or her hereunder, shall examine or cause to be examined all places of business
in the city to ascertain whether the provisions of Chapters 5.04 through 5.16 of this title have
been complied with.
5.08.290 Officers'right of entry. The City Treasurer, Code Enforcement Officers, and any Police
Officer shall have the power and authority to enter, free of charge at any reasonable time, any
place of business required to be licensed herein, and demand exhibition of the licensee's business
license. Any person having such business license theretofore issued, in his, her or its possession
or under his, her or its control, who willfully fails to exhibit same on demand, shall be guilty of a
misdemeanor and subject to the penalties provided by this title.
5.08.300 License--Revocation--Suspension.
(a) Any licensee who is conducting the business licensed in such a manner as to be
detrimental to the public health,morals or safety of the general public or shall permit the
violation of city ordinances, state laws or the laws of the United States of America within
its licensed establishment shall be subject to having its license suspended or permanently
revoked by the City Treasurer.
(b) The licensee shall be provided with written notice by first class mail,postage prepaid, of
such revocation and/or suspension.
5.08.310 Appeal Any person aggrieved by any decision of the City Treasurer under Huntington
Beach Municipal Code Chapters 5.04 - 5.16 may file an appeal with the City Clerk within fifteen
(15) days of the date of mailing of the notice of revocation or suspension, and, at the time of such
filing, pay a fee as adopted by Resolution of the City Council.
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5.08.320 Appeal procedure.
(a) The City Clerk shall schedule a hearing to be held within fifteen (15) days after the filing
of the notice of appeal.
(b) Notice of the date,time and place of the hearing shall be mailed, postage prepaid, at least
ten(10) days prior thereto to the licensee at the address given in the notice of appeal, or if
none is provided, to the address set forth in the permit application.
(c) The City Council, or their designee, shall have authority to determine all questions raised
on such appeal. The decision of the City Council or their designee shall be final.
5.08.330 Hearing--Licensee right. At such hearing, the licensee shall be entitled to be
represented by counsel, and shall be given full opportunity to show cause why its license shall
not be revoked or suspended.
5.08.340 License—Tax--A debt. The amount of any license tax and penalty imposed by the
provisions of this title shall be deemed a debt to the city. An action may be commenced in the
name of the city in any court of competent jurisdiction for the amount of any delinquent license
tax and penalties.
5.08.350 Remedies cumulative. All remedies prescribed hereunder shall be cumulative and the
use of one or more remedies by the city shall not bar the use of any other remedy for the purpose
of enforcing the provisions hereof.
5.08.360 Zoning and other regulations. No license shall be issued to any person failing to present
all appropriate zoning permits, or who has failed to comply with any other provision of this code.
5.08.370 Violation--Penalty. Any person violating this chapter shall be guilty of a
MISDEMEANOR,punishable by a fine of one-thousand dollars ($1,000) or by imprisonment in
the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
SECTION 6. Sections 5.08.190, 5.08.210 and 5.08.240 are hereby deleted in their
entirety.
SECTION 7. The following sections of Chapter 5.16 have been amended or added:
5.16.010 Rates per employees. The following rates shall apply to business licenses:
First three employees $75.00
4 through 12 employees,per employee $4.00
13 through 52 employees, per employee $3.00
All other employees in excess of 52 employees, per $2.00
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employee
5.16.020 Rates per employees--Minimum license. The minimum license in each classification
shall be $75.00 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 City Treasurer for reclassification. Such
application shall contain such information as the City Treasurer may deem necessary and.require
in order to determine whether applicant's individual business is properly classified. The City
Treasurer shall then conduct an investigation, following which he or she 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 City Treasurer 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 or her last known address.
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 Construction engineer
Accountant Consulting engineer
Accounting service Dancing academy
Advertising agent Dealers in stocks,bonds and other securities
Agricultural advisor or counselor Dental laboratory
Appraiser Dentist
Aquarian chirothessian Designer
Architect Detective
Assayer Detective agency
Attorney at law Draftsman
Auctioneer Drugless practitioner
Auditor Electrical engineer
Bacteriologist Electrologist
Bail bond broker Employment agency or bureau
Barber shop Fine arts or music school
Beauty shop Geologist
Business management consultant Herbalist
Certified public accountant Industrial relations consultant
02ordltitle 5/3121/03 12
Ordinance No, 3603
Chemical engineer Insurance adjuster
Chemist Interior decorator
Child nurseries(4 children or more) Investment counselor
Chiropodist Labor relations consultant
Chiropractor Landscape architect
Civil Engineer Lapidary
Claim adjuster Mechanical engineer
Mortician Real estate office
Naturopath Stocks and bonds broker
Oculist Surgeon
Optician Surveyor
Optometrist Taxidermist
Oral surgeon Trade or business school
Orchard care Tree remover
Osteopath physician Tree surgery
Physician Tree trimming
Physician and surgeon Veterinarian
Private home for the aged(7 persons or
more)
Real estate broker
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 general building, general engineering
or specialty contractor.
(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.
5.16.060 Advertising. The fees for advertisers shall be as follows:
(a) By distributing samples or handbills, provided that this section shall not $75.00 A
02ordltitle 513/21103 13
Ordinance No. 3603
apply to any person, employee, agent or representative of any person who
already has a City license as provided elsewhere in this chapter
(b) By sign or bill posting, sign erection or installation, or any form of outdoor $112.50 A
advertising as defined by the Huntington Beach Municipal Code
(c) By vehicle containing amplifier, phonograph, loudspeakers, etc
for each vehicle $112.50 A
Or at the option of the licensee, for each vehicle $49.50 D
If any such vehicle is used by a City licensee to advertise solely his or her $58.00 A
own business and such vehicle is regularly registered and licensed by the
state to such licensee,then the fee for each such vehicle
Or at the option of the licensee, for each such vehicle $40.00 D
(d) By means of stereopticon,biograph, moving pictures similar device (not $225.00 A
moving picture theaters) used outdoors
Or, used indoors $112.50 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$327.50 per $58.00 A
year, for each lane over six (6)
(b) For boxing or wrestling exhibitions per exhibition $58.00 D
(c) Carnival, tent show or open-air show in hall or building constructed for $187.50 D
theatrical purposes
In addition, for five concessions or less $66.00 D
In addition, for each concession in excess of five $39.00 D
(d) For each juke box,phonograph or motion picture or other type device $26.00 A
operated by insertion of coin,per machine
(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.
5.16.110 Circus. With seating capacity under four thousand, the fee shall be:
First day $262.50 D
Each additional day $187.50 D
With seating capacity over four thousand, the fee shall be:
02ordltitle 5/3/21/03 14
Ordinance No. 3603
First day $337.50 D
Each additional day $187.50 D
For every sideshow in conjunction with a circus, the fee shall be $49.50 D
For every concession or carnival ride in conjunction with a circus,the fee shall be $40.00 D
5.16.120 Contractors without a fixed-place of business within the City. Every person engaging
in business in this City as a general building, general engineering or specialty contractor may
alternatively pay a license fee as indicated herein:
General engineering and/or general building contractor $142.50 A
Specialty, subcontractor, or other $90.00 A
5.16.160 Junk collector.
For every person conducting, managing or carrying on the business of
junk collector, the fee shall be $187.50 A
Or at the option of the licensee $40.00 D
5.16.170 Junk dealer and auto wreckin;~.
For every person conducting, managing or carrying on the business of
junk dealer or auto wrecker, the fee shall be $187.50 A
5.16.180 Music or fine arts teacher. Every person engaged in the profession of teaching music,
dance, 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
$75.00 A.
5.16.190 Office building
. For every person conducting, managing or carrying on the business of
operating an office building,
for each office building therein the fee shall be $32-50 A
and for each unit/office $7.00
5.16.220 Pawnbroker. Every person conducting, managing, or operating a pawnbroker business
shall pay a fee of$487.50 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
from a stand, tent, wagon or other vehicle shall pay a fee of$17.00 D or by vehicle $97.50 A.
Peddlers of any article or commodity not mentioned in this section, including every person, firm
or corporation conducting 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
02ord/title 5/3/21/03 15
Ordinance No. 3603
for the purpose of making sales and deliveries upon a fixed route; or in the case of food catering
vehicles, from place to place, within this City shall pay a fee of$17.00 D or$97.50 A. 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.
5.16.240 Public dance hall, dinner dancing place, and public dance place. Every person
conducting, managing or operating a public dance hall or dinner place shall pay a tax. of$337.50
A. Every person conducting,managing or operating a public dance shall pay a tax of$58.00 D.
5.16.250 Public utilities. Any public utility as defined by the PUC operating in the City under a
franchise or franchises from the City, or applicable therein; and which makes franchise payments
thereunder is subject to the provisions of this chapter if it engages in retail merchandising,
pursuant to section 5.16.040(D) not covered by the franchise in the City.
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 or her 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$75.00; or, at the option of the licensee, $17.00 D.
5.16.290 Telephone 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 $49.00 D.
5.16.315 Swap meets. The operators and exhibitors shall pay a business license tax according to
the provisions of this section.
(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 tax, based upon the following
table:
Stalls/Booths Annual
0 - 50 $300
51 - 100 $400
101 - 200 $500
over 200 $600
02ordltitle 513/21/03 16
Ordinance No. 3603
(b) Each exhibitor will be required to have a regular business license after
participating eight (8)times at the swap meet.
5.16.317 Events. Any person conducting, organizing , promoting or operating an event is
required to obtain a business license. A list of tentative exhibitors and service providers must
accompany the application for business license.
(a) Every operator shall pay a business license tax based on the number of
exhibitors/booths according to the following table:
Exhibitors/Booths 30 Days or Less Annual
0 - 3 booths: $75.00 $100.00
4 - 10 booths: $100.00 $150.00
11 -25 booths: $150.00 $200.00
26 -50 booths: $200.00 $300.00
51 -100 booths: $300.00 $400.00
101 -200 booths: $400.00 $500.00
Over 200 booths- $500.00 $600.00
(b) Blanket license. The operator may elect to obtain a blanket business license to cover all
service providers at the event, provided that such persons do not have a fixed place of
business within the City and do not have an annual license with the City as provided
elsewhere by this title. The tax for a blanket license is based on the number of service
providers employed for a fee to provide services at the event, according to the following
table:
1 - 3 service providers: $75.00
4 - 10 service providers: $100.00
11 - 15 service providers: $150.00
16 - 20 service providers: $200.00
21 —25 service providers: $250.00
26—30 service providers: $300.00
31 —40 service providers: $400.00
41 —50 service providers: $500.00
Over 50 service providers: $600.00
The tax for the blanket license shall be in addition to the tax for the operator's business
license for the event.
(c) Payments and application. All applications must be submitted at least 14 days prior to
the day of the event to allow time for processing. Payments received under 21 days must
be made by money order, cash, check (drawn on local bank only) or cashier's check
made payable to the City of Huntington Beach.
02ord/title 513121103 17
Ordinance No. 3603
(d) Records: Each operator shall keep full and accurate records of receipts and stall rentals
to exhibitors 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 the 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 this section.
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 tax 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 $12.00 A
for vehicles with a manufacturer's rated capacity of under three tons, but one ton or over $35.00 A
for vehicles with a manufacturer's capacity of three tons or over $46.00 A
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 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 sections 5.16.330 and 5.16.340, shall pay an annual license
fee based upon each motor vehicle so used or operated as follows:
(a) For each Dump Truck $75.00 A
for each additional trailer or wagon with single rear axle $49.00A
for each additional trailer or wagon with dual rear axle $49.00A
(b) For each Tank Truck or Tank Wagon $97.50A
(semi-tractor and front trailer as one tank truck or tank wagon).
for each additional wagon or trailer $23.00 A
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 or indirectly, or for the transportation of any goods, wares,
merchandise, products of any nature, raw materials, waste materials, pipe or castings, tanks or
02ord/title 5/3/21/03 18
Ordinance No. 3603
machinery or tools of any description, shall pay an annual license fee in accordance with the
following schedule:
For the first vessel $75.00 A
For each and every vessel so used or operated in excess of one vessel:
less than sixteen feet in length $40.00 A
sixteen feet or over but less than twenty-six feet in length $49.00 A
twenty-six feet or over but less than forty feet in length $58.00 A
forty feet or over in length $66.00 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 and Service Machines: $11.50 A
plus
for each machine charging I¢ to and including 4¢ $2.50 A
for each machine charging 5¢ to and including 9¢ $7.00 A
for each machine charging 10¢ and over $14.00 A
for each cigarette vending machine $29.00 A
Stamp-vending machines dispensing United States postage stamps for mailing purposes are
hereby exempt from the terms and provisions hereof
(2) Bulk-vending Machines $11.50 A
plus
for each machine charging 1¢ to and including 4¢ $2.50 A
for each machine charging 5¢ to and including 9¢ $4.50 A
for each machine charging 100 or over $7.00 A
(3) Amusement Machines
for each pinball machine $50.00 A
for each poollbilliard 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.
02ord/title 5/3121/03 19
Ordinance No. 3603
(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$337.50 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 Ievied under this section shall be credited toward such
minimum.
SECTION 7. Section 5.16.130 is hereby deleted in its entirety.
SECTION S. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5th day of May , 2003.
r
1�
Mayor
ATTEST:
APPROVED AS TO FORM:
rty Clerk
Cityvttomey Cc
REVIEWED AND APPROVED: '
INITIATED AND APPROVED:
City Administrator
C' y T as rer
02ordhitte 5/3/21/03 20
Ord. No. 3603
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 21st day of April, 2003, and was again read to
said City Council at a re ular meeting thereof held on the 5th day of May 2003, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fo((u��nttain Valley Independent on
In accordance with the City Charter of said City
Connie Brockwa City Clerk City Clerk and ex-officio Clerk
�-. Deputy City Clerk of the City Council of the City
of Huntington Beach California