HomeMy WebLinkAboutOrdinance 3603 - Amends Title 5 of the HBMC Relating to Busi (2) • t..
CITY OF HUNTINGTON BEACH
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MEETING ATE: April 21, 2003 DEPARTMENT ID NUMBER: CT 03-11
Council/Agency Meeting Held: �S/f/o 3
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: April 21, 2003 Department ID Number: CT 03-11
CITY OF HUNTINGTON BEACH w
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS _L
SUBMITTED BY: SHARI L. FREIDENRICH, City Treasur1
PREPARED BY: SHARI L. FREIDENRICH, City Treasuri
SUBJECT: ADOPT ORDINANCE AMENDING TITLE 5 OF THE HUNTINGTON
BEACH MUNICIPAL CODE RELATING TO BUSINESS LICENSES
AND REGULATIONS Ord , /1/0 _ 3�a�
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should we amend Title 5 of the HBMC relating to Business Licenses
and regulations to properly reflect the department responsible for enforcement of this code
and to consolidate and clarify various sections through minor modifications?
Funding Source: Not applicable. d fo-r lh e)dcec�,a," -1/�3
Recommended Action: Motion to:
Adopt Ordinance ��' 3( 3, an ordinance of the City of Huntington Beach amending Title 5
of the Huntington Beach Municipal Code relating to Business Licenses and regulations.
Alternative Action(s): Do not adopt the ordinance, leaving the wording of the current
ordinance unchanged.
Analysis: The current business license ordinances in Title 5 of the Huntington Beach
Municipal Code do not easily flow from section to section due to various modifications made
over the years. The proposed amendments are intended to consolidate the ordinance into
easily identifiable and enforceable sections and to streamline the business license tax
processing without conflicting with the provisions of Proposition 218.
G:\TREAS\RCA\RCA 2002-03\RCACT 03-11 Introduction of Title 5 Changes Rev.doc
April 7.2003 7:55 AM /
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 21, 2003 DEPARTMENT ID NUMBER: CT 03-11
These changes can be summarized as follows:
1. Update the ordinance to reflect the appropriate department currently responsible
for enforcing the ordinance. The various sections have been amended to replace
the City Clerk and Finance Director with the City Treasurer whom is responsible
for enforcement of Title 5.
2. Consolidate all definitions in the various chapters under Section 5.04.010
Definitions.
3. Consolidate Chapter 5.10 Enforcement of Title and Chapter 5.12 Exemptions to
Provisions under Chapter 5.08 Licensing Procedures.
4. Require fee items such as license reissue, duplicate license and change of
location to be set by Council Resolutions, which is consistent with how the City
handles all other fees.
5. Update the language in all Chapters to be able to process licenses more
efficiently and allow more effective enforcement of the ordinance.
6. Update Chapter 5.16.317 Events to streamline the business license tax collection
process for events in the City which will allow the City to process these types of
licenses more efficiently.
These amendments to Title 5 of the Business License ordinance do not trigger a Proposition
218 vote: Proposition 218 requires any increase in taxes to be put on the ballot to be voted
on by the affected citizens, and these proposed changes do not increase the amount of any
taxes currently identified in the ordinance.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1 Proposed ordinance amending Title 5 of the HBMC relating to
Business Licenses and Regulations p -a' ✓1e 3 6d�
2 Legislative Drafts—Cha•ters 5.04, 5.08, 5.10, 5.12 and 5.16
RCA Author. Shari L.Freidenrich
G:\TREAS\RCA\RCA 2002-03\RCACT 03-11 Introduction of Title 5 Changes Rev.doc -3-
April 7.2003 7:55 AM
ATTACHMENT # 1
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.
02ord/title 5/3/21/03 1
(e) "Bulk-vending machine" 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."
"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.
"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.
02ord/title 5/3/21/03 2
(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 may be
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
this 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
02ord/title 5/3/21/03 3
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 Exemptions--Generally. 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.
02ord/title 5/3/21/03 4
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(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.
1. 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
02ord/title 5/3/21/03 5
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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:
1. 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.
3. 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
02ord/title 5/3/21/03 6
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)1 above,to any
other person for the purpose of securing a license as herein provided.
5.08.030 Conflict with other provisions--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
02ord/title 5/3/21/03 7
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 maybe 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.
02ord/title 5/3/21/03 8
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
02ord/title 5/3/21/03 9
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.
02ord/title 5/3/21/03 10
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 fgrth 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 S75.00
4 through 12 employees, per employee S4.00
13 through 52 employees, per employee S3.00
All other employees in excess of 52 employees,per S2.00
02ord/title 5/3/21/03 11
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
02ord/title 5/321,03 12
Chemical engineer Insurance adjuster
Chemist Interior decorator
Child nurseries(9 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
02ord/title 5/3/21/03 13
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 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:
02ord/title 5/3/21/03 14
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 wrecking.
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
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
02ord/title 5/3/21/03 16
(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 5/3/21/03 17
(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
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 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $7.00 A
for each machine charging 100 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 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $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 pool/billiard machine $50.00 A
for all other amusement machines $50.00 A
(b) In the event any license fee provided by this section on any vending or bulk-vending
machine is not paid when due and payable, the owner of the business on whose business
premises such vending or bulk-vending machine is located, shall be jointly and severally
liable to pay the full amount of such license fee.
02ord/title 5/3/21/03 19
(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 levied under this section shall be credited toward such
minimum.
SECTION 7. Section 5.16.130 is hereby deleted in its entirety.
SECTION 8. 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.
Mayor
ATTEST:
4°14. APPROVED AS TO FORM:
- . rty Clerk
Cit ttorney
4 j- ry
REVIEWED AND APPROVED:
INITIATED AND APPROVED:��4
City Administrator 1110 401-as
r rer
02ord/title 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 regular 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
Fountain Valley Independent on C�� �,
,2003.
In accordance with the City Charter of said City
Connie Brockway, City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT # 2
63
ORDINANCE NO. 3‘
LEGISLATIVE DRAFT
Chapter 5.04
General Provisions
Sections:
5.04.010 Definitions. •
5.04.020 Purpose.
5.04.030 Effect on other ordinances.
5.04.040 Effect on past actions and obligations.
5.04.050 Prohibited occupations.
5.04.060 Permit from Council required for certain businesses.
5.01.070 Pnit Petition.
5.04.080 Investigation fees.
5.04.090 License not a permit.
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"shall 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.
�a ' thi rte ��^I��s means anybuilding, or portion
(b) "Apartment house; r g
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 o.f such vehicle or vehicles.
d ' thi s ch ap+ means includes the-
{c-)(d) "Average number of employees; s u..e ___ _____ _____r___,
tetal-number full-time equivalent of employees in the managing,operating,
transacting and carrying on of any business in the city. The average number of
Iegisdrf/mc504LD/3/4/03 1
employees for any business means the average
number of persons employed daily for the twelve-month period ending on.
December 31 next preceding the date of license application and shall be
determined by ascertaining the total number of hours of service performed by all
employees during such year, and dividing the total number of hours of service
thus obtained by the number of hours of service constituting a 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.
Q T'[S�CTIm 11Vt1 Vl 11 ✓ 1 J
•
7
J' !
J ' •
1 1 1 ,•
1 1
}1 -_ ' M 111V11 s, and ag dividing+MA t'M +M •
(d) (e) "Bulk-vending machine;" ,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)(f) "Business, used :._this charter includes 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.
(c)(h) "Dinner dancing place" means a place where music is provided and the public is
permitted to dance without payment of a fee.(766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-7/92)
(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.
(4)(k) "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
IegisdrR/mc504LD/3/4/03 2
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.
(g)(l) "General engineering contractor," as used in this chapter, 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.
cc f9 •
b+ a
(i)(m) "Hotel, motel or rooming houses" asused-iurthi-s-cat 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.
(b)(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.
(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 may be offered for sale.
• • ,,
Iegisdrft/mc504LD/3/4/03 3
(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.
( )( ) `' this chaps means any person not having a
k s "Peddler," �r-� �
fixed place of business in this city,who for himself, or as agent or representative
for or of another, goes from house to house, and place to place,or at or along the
streets of this city offering to sell tangible objects or articles, goods,wares,
merchandise or services,who delivers such object, article, goods,wares,
merchandise or service, in person, to the individual person placing the order for
the same, at the time such order is placed and paid for.
(1)(t) "Person," ed in this means all domestic and foreign
corporations, associations, syndicates,joint stock corporations,partnerships of
every kind, clubs,Massachusetts-business, or common law trusts; societies and
individuals transacting and carrying on any business in the city other than as an
employee.
(b)(u) "Public dance" means a dance open to.the public for an admittance fee
or charge, which is held on one day only.
(a)(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.
(m)(x) "Solicitors and canvassers;
as-used-in-this-ehapteri means ancl4ncludes any
individual 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 this
city who are licensed as prescribed by this title.
(n)(y) "Specialty contractors"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 requiring special skill and whose principal contracting business involves the
use of specialized building trades or crafts or other specialized techniques and
legisdr(}/mc504LD/3/4/03 4
r
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.
(o)(bb)"Vending machines" 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." (766-7/60,
838-6/61,904-6/62, 1461-2/69, 1924-7/74, 1935-11/74,2594-2/83,2679-3/84)
5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for
municipal purposes, and is not intended for regulation. (766-7/60)
5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting
and carrying on any business under this title shall not be relieved from the payment of any
license tax for the privilege Of doing such business required under any other ordinance of
the City of Huntington Beach, and shall remain subject to the regulatory provisions of
other ordinances.
(766-7/60)
5.04.040 Effect on past actions and obligations. Neither the adoption of the ordinance
codified herein nor its superseding of any portion of any other ordinance of the city shall
in any manner be construed to affect prosecution for violation of any other ordinance
committed prior to the effective date hereof, nor be construed as a waiver of any license
or any penal provision applicable to any such violation, nor be construed to affect the
validity of any bond or cash deposit required by any ordinance to be posted, filed or
deposited, and all rights and obligations thereunto appertaining shall continue in full force
and effect. (766-7/60)
5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the
conduct of any trade, business or occupation which is prohibited by an applicable federal,
state or municipal ordinance or regulation, or which has been declared illegal or to
constitute a nuisance by any governmental or municipal authority. (852-8/61)
5404.060 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 Clerk Treasurer er-
his deputies, would be detrimental to the public health, safety, welfare or moral standards
Iegisdr t/mc504LD/3/4/03 5
V
of the City until a permit shall have first been obtained from the City Council or
appropriate City department. (838-6/61)
5.04.070 Pe-- m Wh 1 rsonn Z11a1 �+V�.J n„ art„ership
7
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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 Clerk Treasurer prior to the police
investigation. Fees are not refundable. (1171-1/66)
5.04.090 License not a permit. The business licenses issued pursuant to the provisions of
this title constitute a receipt for the license fee paid and shall have no other legal effect.
A business license is a requirement, not a permit to conduct, manage or carry on,any
business activity within this city. (838-6/61)
Iegisdrf/mc504LD/3/4/03 6
Ordinance No.
LEGISLATIVE DRAFT
Chapter 5.08
LICENSING PROCEDURES
(76-7/60, 327-4/29, 372-3/34, 838-6/61, 904-6/62, 1605-10/70)
Sections:
5.08.010 License Required
5.08.015 Evidence of doing business
5.08.020 Conflict with other provisions Lice Exemptions--Generally
5.08.030 Conflict with other provisions--Tax payment
5.08.040 Fee payment--Average number of employees
5.08.050 License--Term
5.08.060 Additional sums due before renewal
5.08.065 Application, license process and renewal fees
5.08.070 Fee payment--When ceasing business
5.08.080 Fee payment—When due
5.08.090 Nontransferable--Amended for changed location
5.08.100 Delinquent payment--Penalty
5.08.110 Delinquent payment--Bars further license
5.08.120 Bonds--Required when
5.08.130 Bonds--Form
5.08.140 Separate license--Branch establishments
5.08.150 Unexpired prior to ordinance
5.08.160 Replacement--Fees
5.08.170 Posting and keeping
5.08.180 Application--Contents
5.08.190 License Contents
5.08.200 Error by clerk City Treasurer--Correct amount due
5.08.210 Affidavit Statement of average " mber of employees
5.08.220 Statements not conclusive determination
5.08.230 Failure to file statement
5.08.210 Appeal
5.08.250 Additional power of Clerk City Treasurer
5.08.260 Deposit of fees, penalties and other moneys into general fund
5.08.270 Renewal
5.08.280 Examination of business place
5.08.290 Officers' right of entry
5.08.300 License--Revocation--Suspension
5.08.310 Appeal
5.08.320 Appeal procedure
5.08.330 Hearing—Licensee right
5.08.340 License-Tax—A debt
legisdrft/mc0508/3/21/03 1
5.08.350 Remedies cumulative
5.08.360 Zoning and other regulations
5.08.370 Violation--Penalty.
5.08.010 License--Required. There are imposed upon the businesses,trades,professions, callings
and occupations specified in this title license taxes in the amounts hereinafter prescribed. It shall
be unlawful for any person to transact and carry on any business,trade, profession, calling or
occupation in the city without first having procured a license from the city so to do or without
complying with any and all applicable provisions of this title. (327-4/29, 766-7/60)
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 Conflict-w therp onss—Lieen exemption Exemptions--Generally. This
section Nothing in this title shall net be deemed or construed to require apply to any
person to obtain a license prior to doing business within the city if such requirement conflicts
with 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. (327-4/29, 766-7/60)
(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
legisdrft/mc0508/3/2 1/03 2
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.
1. 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
legisdrft/mc0508/3/21/03 3
§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 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:
1. 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
legisdrf/mc0508/3/21/03 4
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.
3. 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 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)1 above, to any other
person for the purpose of securing a license as herein
provided.
legisdrft/mc0508/3/21/03 5
5.08.030 Conflict with other provisions--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. (327-4/29, 766-7/60)
5.08.040 Fee payment--Average number of employees. In the.case of an original application for
license under the average number of employees classification, ,. the applicant ite
conduct his or her business from a fixed place of business in this city,the entire minimum fee
not maintain a fixed place of business in this city, 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. If such b„siness however o ee after the begin.,i.,g ofthe licensing
period covered by such license, then the licensee upon filing his statement of average number of
employees at the end of the licensing period, shall pay a license fee in accordance with schedule
of average number of employees and may credit the minimum license fee paid on original
(766-7/60, 904-6/62, 1605-10/70)
5.08.050 License--Term. The fees for all licenses, whether under flat rate (annual) status or
classifications A, B, C, and D, shall be payable in advance, and such license shall cover the
period of one year from the first day of the month in which said license is issued. (7667-/60, 904-
6/62, 1605-10/70)
5.08.060 Additional sums due before renewal. The statement required under Section 5.08.210
before thirty(30)days following the end of the year applicable to such business as set forth, and
statement.No renewal license shall be issued until the full amount due and payable,by-reasen-ef
the statement an return f r the r including any penalties or other unpaid
permit fees or taxes levied by any City department has have been paid in full. (766-
7/60, 904-6/62, 1605-10/70)
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. I" the e ent that „ business licensed• nder t e
period,then the st teme„t ro rea by Section c 08 2 i 0 shall be s„bmk-tea r bef th rty
Iegisdrft/mc0508/3/21/03 6
(30)days following the cessation of business. Any additional sums payable by reason of such
. In no event shall any portion of the minimum fee be
refundable in the event a business shall cease operation. (766-7/60, 904-6/62, 1605-10/70)
5.08.080Fee payment--When due. The minimum license fee payable under the average number
of employees classification shall be due and payable in the case of an original license before the
license is issued,and in the case of a renewal license, shall accompany the statement required by
Section 5.08.210 for the prior year and application for renewal. (766-7/60, 904-6/62, 1605-
10/70)
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 ef-$3 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. (766-7/60, 838-6/61, 1605-10/70)
5.08.100 Delinquent payment--Penalty. For failure to pay a license tax when due, the City Clerk
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,providing that the a .,t f such to alty to be added shall
no event exceed 100%of the amount of the license tax due. (766-7/60)
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. (372-3/34, 838-6/61)
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 Clerk 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. (327-4/29, 766-
7/60)
5.08.130 Bond--Form. The conditions of the bond shall be stated ;n s„bsta trolly the f llowing
language: in a form approved by the City Attorney.
"Of the said ,the bounden principal shall comply with all the laws and
through any failure on the part of said licensee to comply with said laws, or because of any
the City of Huntington Beach and to any person or persons and to all employees of said licensee;
legisdrfl/mc0508/3/21/03 7
exhausted." (327 4/29, 766 7/60)
5.08.140 Separate license--Branch establishments. A separate license must be obtained for each
branch establishment or location of the business transacted and carried on and for each separate
type of business at the same location, and each license shall authorize the licensee to transact and
carry on only the business licensed thereby at the location or in the manner designated in such
license; provided that warehouses, and distributing plants 'used in connection with and incidental
to a business licensed under the provisions of this title shall not be deemed to be separate places
of business or branch establishments. (766-7/60)
5.08.150 Unexpired prior to ordinance. Where a license for revenue purposes has been issued to
any business by the city and the tax paid therefore under the provisions of any ordinance
heretofore enacted and the term of such license has not expired,then the license tax prescribed
for the business by this title shall not be payable until the expiration of the term of such
unexpired license. (766-7/60)
5.08.160 Replacement--Fees. A duplicate license, license decal or license plate may be issued by
the City Clerk 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 Clerk Treasurer a fee ef$4-50 as
adopted by Resolution of the City Council. (766-7/60,838-6/61, 1605-10/70)
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 a conspicuous place public view upon the premises where such
business is carried on and have in or upon the licensee's business vehicles the business license
decals or license plates 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 decal or license plate or other form of
license as designated by the City Treasurer issued for such vehicles. (766-7/60, 838-
6/61)
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 Clerk,
Treasurer, upon a form to be secured from the City Clerk, 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;
legisdrft/mc0508/3/21/03 8
(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 Clerk 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. (766-7/60)
prepared and issued by the City Clerk, „t to the City Collector the s red to be
paid hereunder. Each license so issued shall state upon the face thereof the following:
(a) The s t„ whom the ed
and the location of the same.
(c)The amount paid therefor.
(d) The date of expiration of such license. (766 7/60)
5.08.200 Error by Clerk City Treasurer--Correct amount due. In no case shall any mistake of
the City Clerk 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. (766-7/60)
5.08.210 Affidavit Statement of average number of employees. In all cases where the license is
guidance in ascertaining the amount of the license tax to be paid by the licensee, a written
> >
concerning the licensee's business during the preceding year as may be required by the City
Clerk to be able to ascertain the amount of the license tax to be paid by the licensee pursuant to
the provisions of this title. (766 7/60)
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
legisdr8/mc0508/3/21/03 9
contained shall be subject to audit and verification by the City Clerk, Treasurer. his
inspect those personnel records required to establish firmly the average number of
employees r the pr ce a Teens e e plican+fer-lie„se be
necessary in their judgment to verify or ascertain the amount of license fee due.
(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. (766-7/60)
5.08.230 Failure to file statement. (a) If any person fails to file any required statement within
the time prescribed, or if after demand therefor made by the City Clerk Treasurer, such
person he fails to file a corrected statement, the City Clerk 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.
(b) If such determination is made,the City Clerk shall give a notice of the amount so
assessed by serving it personally or by depositing in the United States Post Office at
last known address. Such person may, within fifteen(15)days after the mailing or service
of such notice make application in writing to the City Clerk for a hearing on the amount
of the license tax. Is such application is made,the City Clerk shall cause the matter to be
at least ten(10)days notice to such person of the time and place of hearing in the manner
prescribed above for serving notices of assessment. The City Council shall consider all
notices of assessments. (766 7/60)
5.08.210 Appeal. Any person aggrieved by any decision of the City Clerk with respect to the
appeal with the City Clerk. The City Council shall thereupon fix a time and place for hearing
such appeal. The City Clerk shall give notice to such person of the time and place of hearing by
serving it personally or by depositing it in the United States Post Office at Huntington Beach,
California,postage prepaid, addressed to such person at his last known address. The City
deter ination sht l comet wit cantYke-proyisions-ef tmzti"ix s-trt,' , (766 7/60)
Iegisdrft/mc0508/3/21/03 10
5.08.250 Additional power of City Clerk Treasurer. In addition to all other powers conferred
upon the City Clerk, 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. (766-
7/60)
5.08.260 Deposit of fees, penalties and other moneys into general fund. (a)All fees,
penalties and other moneys received by the City Collector Treasurer pursuant to the
provisions of this title shall be deposited with the City Treasurer and to the general fund of this
city upon the same day or the business day next following the receipt of the same.
(b) On or before the first day of euch and every month the City Collector shall deliver to the
City Clerk receive a full statement f all4i enses ed by hi during the immediate preceding
on each license.
(c) The City Clerk shall keep full, adequate and accurate records pertaining to the issuance of
licenses-under this titie,(-7-66-7460)
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.
legisdrft/mc0508/3/21/03 11
(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.
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.
legisdrft/mc0508/3/21/03 12
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.
legisdrft/mc0508/3/21/03 13
R
Ordinance No.
LEGISLATIVE DRAFT
Chapter 5.10
ENFORCEMENT OF TITLE
ni /in, 766 7l6n, 838-6 904 6/b2, 1812 6i73)
Sections
5 i n 0 0 n dministrative and E„f,come„t Office..designated
c i n mn Exa .,in tion of business-place
5.10.030 Officers right of entry
5.'0-= 040- icense n evocati r S„s„e„si „
5.1050-License Revocation Procedure initiation
5.10.060 Hearing Notice
5.10.070 Hearing Licensee right
5.10.080 License Tax a debt
c rn non Remedies c „l.,t:ve
c i n i 00 Zoning an „ther reg„lations
witti--the-alministratien-ancl-enfereement-efeaeh-and-every-previsien-eentained-in-this-titler and
any-app ,l sh 11 be tak ,-,t to risiono set out: Sectio., G 08 240 T1,e T , o
o a ✓�VV:LTV.Z 11t L1LL11J
Supervisor-and-Chief ef-Peliee-shall-render-sush-assistanee-in4he-enfereenient-hereef-as-may
from time to time be required by the Director of Finance or the City Council. (766 7/60, 901
6/62, 1812 6/73)
it to-ascertain-whether he-provisions o s-title-haye-bee s- ed-witnh. (766-7 —, 904-
6/62, 1812 6/73)
5.10.030 Officers' right of entry. The Director of Finance, the License Supervisor and his
inspeetersi-and-anyTeliee-Offieer-shall-have4he-pewer-and-autherity-te-enterr free-of-charge-at
• >
6/73)
legisdrft/mc0510/3/4/03 1
S
City Council. (327 1/29, 372 3/31, 838 6/61, 901 6/62)
or-resident-of this-eity-upen-preef-heing-rnade-te-the-satisfaetien-efthe-Gity-Ceuneil-that-the
healt is or saf ty ofthe R �l p blic «27 4/29, 372 31/34 838 6/6i 90 6/62)
n�zarm�rviur ems-- %cvrrc.-��zr- � , rr , o rv��-v-r-vrvz.7
5.10.060 Hearing Notice No such license shall be revoked ept upon a hearing h<.the City
(327 4/29, 372 3/31, 83,8-6/61,904-6/62)
5.'0.070 Hea ing—Licenseeerig-ht. At such hearing,the licensee shall be entitled to be
not be reveked:{327 1/29, 372 3/31, 838 6/61, 901 6/62)
tax and penalties. (766 7/60, 901 6/62)
of enforcing the previsions hereof. (766 7/60,.904 6/62)
,
business upatien (766 7/60)
legisdrft/mc05 10/3/4/03 2
Ordinance No.
LEGISLATIVE DRAFT
Chapter 5.12
EXEMPTIONS-TO-PROVISIONS
(766 7/60, 1221 8/66)
Sections:
5.12.010 E , ptiens Generally
5.12.020 Interstate commerce
c 1 030 C table and„ nrr„ft ar. .
5.12.010 Disabled veterans—Exempted wh
c i
c 1 060 D' bt ,l t r ' nditien
•
+ h b a (766 7/60)
5.12.020 Interstate commerce.
six !6l t t of the a ribed_l' aJ�. +IAA 1 Th �.11.�1' + h ll b
# I
f vzt and-suppoit-ing testini , .h; _ ethoa of busiaaeJo a.a d the ab ,,,be
ua
tk Cit C 1 l .l t `let a t e enter+ ;f a of c ,nd _
CCCJJRTf'�TOI'CiGT[o�[c�c iilliu� uav vn• , '')�,
7
7
the City Council, shall fix as the ,
•
i- +h •+J t th d f h tl e (3) m uu„th ,l aovv stale „+ ofl,te
w vaar aa J
,
Iegisdrft/mc0512/3/4/03 1
title.
(b) Any person claiming an exemption pursuant to this chapter shall file a verified statement
itl, +l, Ci+ C1 1. statin,, tie f ct. ,.hiel, - --- ption claimed.
(c) TL, City Clerk shall r. -a-p per sho ., me ed f the, eri fed statement ,Meet
t / J � „r�, rr�,Y .tea „ �
thist' ith t n ent to the cit y of the lice a ta,. r re.l_by this titl
,
! ) A ,l in this titl n n n n
��-crre�rr,�.—��
religious ehafitable,fraternal, educational, military, sta al
n + r1 to tht of a li t to cond„c+
«e,,,,,r e e na,.men ensa ax mana.,e er...,.-..<..,., .,.,
complying-with-any-of the-provisiens-of-this-eede-requiring-a-permit-frem-the-Gity
Geimegr
7
t of a al, enterta nt ert „l,ibition erlectu a tO be ate.l a+
church or school-or te-any religious-or benevolent-p pose; „ sh ll ., ,license t.,,,
be re red-for the conducti lgg off a y enter cainment,,- ce, .. ert, e„1,;biti,.; er lect„re
b eligious—charitabl fr ter.,al educational militar< state my al
d d, itt, d tll,y a .in ctly .1 i ,. ded howe,rer that notl ing
> ,
trade, _ .
(b) T e, of any fees „nder his section shall ben plished by he City
satisfied. (766 7/60, 1221 8/66)
legisdrft/mc0512/3/4/03 2
t ,
7 7 7
7 �
th'r
7 7 7
C+ rtif + f h b1 d' 1, f th T Tnited States N vy A r..,y
Td A' L TT Q C t d d tt ndatio
m , 7
Warms
7
issuanee-
1' d t d li + d tL. other to be attached to tl,e r retained 1 y t1.e
City C 1. Tl. licant must also r „ bot1, co f tl, l' e e .+t+lie ti..,.e oft e
J eYY �a r
thereof (32 7 4 i2o 766 7i6m
) 7t ' r tr f b1
aaa.,eneauoa e 7
1
7
f '1 + Y 1 h th ' b d f r r cation oft license and f r refusing its
J
renewal-or-the-issuance-of a-nevsF1' +1, eafter;
7
b d d + th Ci+ C1 1 d 1 d d ith the l' named ner tl,e
V J a at=�nci'[aicr-[ric-ri�ceciroc�z aauaaa v.
section;
(d) T1. 1' d t 'd ,sty h' 1`'1. -Ins-signatur-e-whenever-requireE14o-de-so-by
a Police Officer or City Clerk or his authorized deputies;
d' ch goods wares ormerc ise, the rcense sham- b d 1
holder ++ h d + tl, 1, l e epta le ;r, plai
7
•
legisdrft/mc05l2/3/4/03 3
mentienekl--in-Sectien-54-2,050(e)-abeve-te-any-ether-persen-fer-the-pulpese-ef-seeuring-a
i as herei provided iz27 r1/7U �66 7i6m
•
• s
legisdrf/mc0512/3/4/03 4
Ordinance No.
LEGISLATIVE DRAFT
Chapter 5.16
RATES
(327-4/29, 766-7/60, 838-6/61, 904-6/62, 1461-2/69, 1604-10/70, 1605-10/70,1652-9/71, 2022-
1/76, 2594-2/83,2784-9/85, 2965-10/88, 3100-5/91,3116-6/91, 3161-8/92, 3241-10/94)
Sections:.
5.16.010 Rates per employees
5.16.020 Rates per employees--Minimum license
5.16.030 Application for reclassification--Action
5.16.040 License classifications designated
5.16.050 Flat rate payment code letters
5.16.060 Advertising
5.16.070 Amusement activities
5.16.080 Auctioneer
• 5.16.090 Bankrupt sale
5.16.100 Bath
5.16.110 Circus
5.16.120 Contractors without a fixed place, of business within the City
5,1-6-43-0-Daneing-teaelier
5.16.140 House moving
5.16.160 Junk collector
5.16.170 Junk dealer and auto wrecking
5.16.180 Music or fine arts teacher
5.16.190 Office building
5.16.200 Oil business--Nonproduction
5.16.210 Outdoor theaters
5.16.220 Pawnbroker
5.16.230 Peddler
5.16.240 Public dance hall, dinner dancing place, and public dance
place
5.16.250 Public utilities
5.16.260 Rooming house, apartment house, motel, bungalow or auto court
5.16.270 Skating rink
5.16.280 Small stands and businesses--Temporary and permanent
5.16.290 Telephone sSolicitor or canvasser
5.16.300 Soliciting on streets for hotels or dining rooms
5.16.310 Stockyard auction
5.16.315 Swap meets, ' s
5.16.317 Events.
5.16.320 Trailer parks
legis drft/mc0516/3/4/03 1
5.16.340 Transportation,trucking or hauling--No business location
5.16.350 Transportation, trucking or hauling--Exceptions from fee
5.16.360 Transportation, trucking or hauling--Dump and tank trucks
5.16.370 Truck rental or leasing
5.16.380 Passenger vehicle rental or leasing
5.16.390 Trailer rentals
5.16.400 Transportation--Water
5.16.410 Vending, bulk-vending and amusement machines
5.16.420 Water companies
5.16.010 Rates per employees. The following rates shall apply to business licenses:
First three employees. $75.00
Next-nine-per-sells 4 through 12 employees,per $4.00
employee
Next f r►_=pis 13 through 52 employees,per $3.00
employee
All other employees in excess of ferty 52 $2.00
employees, per employee
(766-7/60,904-6/62, 1605-10/70,2022-1/76,2965-10/88,3100-5/91,3161-8/92)
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 Finance Director City Treasurer for
reclassification. Such application shall contain such information as the Finance Director City
Treasurer may deem necessary and require in order to determine whether applicant's
individual business is properly classified. The Finance Director 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. (766-7/60,904-
6/62, 1605-10/70,2965-10/88,3100-5/91,3161-8/92)
5.16.030 Application for reclassification--Action. The Finance.Director 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.
the City Coun t
rr "
•
legis drf/mc0516/3/4/03 2
reclassif catien-(766 7/60,901 6/62, 1605 10/70)
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
Chemical engineer Insurance adjuster
Chemist Interior decorator
Child nurseries(4 9 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
legis drft/mc0516/3/4/03 3
•
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(4 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. ' a �' d tract b bons
' ' ; •
•
(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. (327-4/29,766-7/60,
838-6/61,904-6/62, 1605-10/70)
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 indicate monthly fee;the letter "Q" shall indicate quarterly fee; and the letter "W" shall
indicate weekly fee. All amounts shown are in dollars. (766-7/60,904-6/62)
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
apply to any person, employee, agent or representative of any person who
already has a City license as provided elsewhere in this chapter
legis drft/mc0516/3/4/03 4
•
(b) By sign or bill posting, sign erection or installation, or any form of outdoor $112.50 A
advertising as defined in Article 961 of by.the Huntington Beach
Ordinance 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
(766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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. (766-7/60,904-6/62, 1604-
10/70,2594-2/83,3100-5/91,3161-8/92)
5.16.080 Auctioneer: For the business of licensed auctioneer or auction company whose
permanent place of business, as filed with the California Auctioneer Commission, is located in
legis drft/mc0516/3/4/03 5
the City of Huntington Beach,the fee shall be subject to rates per employees as detailed in
section 5.16.010. (766-7/60,904-6/62,1604-10/70,2784-9/85)
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$58.00 D. (3100-5/91,3161-8/92)
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 fee shall be $112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92).
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 feeshall be:
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
(766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
•
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,as defined in subsections (e), (f), and (1) of section 5.01.010, who does not
11, tip ided tio 5 1 0 shall may alternatively pay a license fee
rprf,.i,, sec �iv�-r4 0
as indicated herein:
General engineering and/or general building contractor $142.50 A
Specialty, subcontractor, or other $90.00 A
(766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
. b
Of$75.00 A. (1604 10/70,3100 5/91,3161 8/92)
5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or
structures, shall pay a fee of$112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
5.16.160 Junk collector.
(a) For every person conducting, managing or carrying on the business of
legis drft/mc0516/3/4/03 6
junk collector, the fee shall be $187.50 A
Or at the option of the licensee $40.00 D
fb)____Fer_4he_pufpese:epthis_seetien3_a..rjunk_eaeeter2Lrneans_anyiaersen3_ether_thaa_a junk
a l n a ' +l, b ofl,,,.ing o, selling_either +..holes.,le tail g
•
a a c .�
ua yr aava� a va a aaa nGa
•
•
e o e ,
3161 8/92)
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 $187.50 A
f +l, r r f sell;"c !. ethe se- eal; o th ate ..ls of'. ch- ehicle
d
vehicles..(766 7/60,901 6/62, 1601 10/70,3100 5/91,3161 8/92)
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. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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
(1604-10/70,3100-5/91,3161-8/92)
5.16.200 Oil business--Nonproduction. Every person conducting, 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 servicing operation, or refining oil or petroleum
products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or
any petroleum products, or byproducts, 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. (1652-9/71)
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:
legis drf/mc05I6/3/4/03 7
Number of Stalls Fee per Year
First 500 $337.50
All over 500 (per stall) 500
A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60,
904-6/62, 1604-10/70,3100-5/91,3161-8/92)
5.16.220 Pawnbroker.
•
state fthe U„ita States
The license fee shall be $48� 50 n (766 �60 nne 6/62 1601 3100 Dui_
8/92) 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
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. Provided,
. . 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. n + th f , e nder th; e t ; nll
"iazh u�Nal ��aat sha
the provisions A ns 5.12.050 and 5.12.060. (1604-10/70,904-6/62,838-6/61,766-7/60,3100-5/91,3161-
8/92)
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 fee tax of$337.50 A. Every person conducting, managing or operating a public dance
shall pay a fee tax of(per dance)$58.00D.
forth:
legis drft/mc05 1 6/3/4/03 8
11 • 11
b Jn
(b)
"Public danee"means a dance open te-the public fer an adiirittance-fee-er charge,which
I1 • 11
•
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 my to the extent if it engages in
retail merchandising, pursuant to section 5.16.040(D) not covered by the franchise in the
City. (766-7/60,904-6/62, 1604-10/70)
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 $32.00 A and $7.00 per unit. (766-7/60;904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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 $187.50 A. (766-7/60,904-6/62, 1604-10/70,3100-
5/91,3161-8/92)
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. (766-7/60, 1604-10/70,3100-5/91,
3161-8/92)
5.16.290 TelephonesSolicitor 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.
. . . . .
, , ,
5.16.300 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,
legis drft/mc0516/3/4/03 9
•
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$112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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 $187.50 A. (1604-10/70,3100-
5/91,3161-8/92)
5.16.315 Swap meets, i -d 1 ifc a e„ts and ch ritable eve„ts
The operators and exhibitors shall pay a business license tax according to the provisions of this
section. (3241-10/94)
-- Y r
+ 1 + 'f „t a charitabl Zvtlll t, ithi„ he t1�at which
, �
•
e e ,
cvent. (3241 10/94)
property or services. This does not include carnivals, circuses, or sideshow events.
(3211 10/91)
('1) Indoor Swap A'Ieet'shall m an an ,
feeeiverl .lit' 1 rw.it to „rl„c+-a., door n r ee+ (3241 10/94)
�1111V V1 J � ^4J �„ 1✓+�T l
r�
(5) Stall, Space Or Booth, shall be defined as physical area measuring one hundred
ancl-a forty f (1 Art) 711 are'feet .,r less (3211 0191)
+'
papers as defined by Internal Revenue Code 501C3 and by the California
(3211 10/94)
3241 10/91)
(1) Indoor Swap Meets (3241-10/94)
legis drfl/mc0516/3/4/03 10
Indoor swap meets, because of their unique character and location, will have rates
established individually by City Council action. (3241-10/94)
(2) Outdoor Swap Meets (3241-10/94)
(a) Every operator shall pay a business license fee tax,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. (3241-10/94)
Events and Charitable Events. (3241 10/94)
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
Iegis drft/mc0516/3/4/03 11
•
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.
table: (3211 10/94)
',cos)
0 59 $2-9-9 $300
51 109 $300 $100
101 200 $1-9-0 $500
over 290 $599 $C00
h•b•to h n +i, + „f on t tt r ie t nm., tall
1' J mc-QImriymiT'y1 yii� uylauL 1.y 1 y / .r�
ex
-'bit• h It t - iily stal S eh fa shall tit„te
debt owed by the exhibitor' +h Ci+ d shall be extinguishednly J
o b.
" a'
+1- +• -- rt n h d •r+h xhibit� articip + •r +hem e+ A n .
c]CIIT[JrC01„�CiC1 OLL LtJ 111 ll llle
rt• • ti +h 'f c mee+ _Each + h.,ll colle..+_+he fee
imposed-by-the provisions of this sectice--te--the-same-extent-and-at-the
legis drft/mc0516/3/4/03 12
11 + d by+he a rator The fee shall be + additions to alny other fee
required by the city. Exhibitors may elect to pay for a regular business,
li f that 1 at' n lie„ of pa ying ,daily fees (3211 10/94
(c) O h f th + th da f ll! each mee+ each operator shall_file_a.
+ ith th Cit4 T sho ..the total mount of-fees collected _
1ti�Urir-vrt a ...,.». ».....»... ..� ....... .............»
a the ti d h th f matien n y be required by th
a v.i w..... v) .._av
'�� onsy A e timp e v t fil rl th et hall ++h
�y-UJ UlV�=��1..��y l�ZlZ�ri17'CQ�-CIif:Vl./L1 ULV1 JilUl1Z G11111Z1�
full amount of the fees collected to the City Treasurer. Returns and
operator fer_any reason (3211 1 n94)
(d)
the account of the City until payment thereof is made to the city Treasurer.
(3211 10/94)
(c)(d) Records: (3241-10/94)Each operator shall keep full and accurate records of receipts and
stall rentals to venders 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 subsection
(b)(3) of this section. (3241-10/94)
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 $112.50 annually for the first twenty-five
(25)trailer spaces and $7.00 for each additional trailer space. (766-7/60,838-6/61,904-6/62, 1604-10/70,
3100-5/91,3161-8/92)
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 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 $35.00 A
over
legis drft/mc05 16/3/4/03 13
•
for vehicles with a manufacturer's capacity of three tons or over $46.00 A
(766-7/60,838-6/61,904-6/62,1604-10/70,3100-5/91,3161-8/92)
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 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 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$75 for each and every vehicle so used or operated other than those vehicles
described in sections 5.16.330 and 5.16.350. (766-7/60,838-6/61,904-6/62, 1604-10/70,3161-8/92)
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. (766-7/60,838-6/61,
904-6/62, 1604-10/70)
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 other ize 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 e00 as follows:
(a) For each Dump Truck $75.00 A
for each vehicle additional trailer or wagon with single rear axle $49.00A
for each vehicle 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).
to , tank�'ago 1 $97.50 A
for each additional tank truck, wagon or trailer $23.00 A
legis drfl/mc0516/3/4/03. 14
•
(766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91,3116-6/91,3161-8/92)
5.16.370 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 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$75.00 plus $23.00 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. (766-7/60,838-6/61,904-6/62, 1604-
10/70,3100-5/91,3161-8/92)
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$75.00 plus $11.50 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$75.00 will be required in addition to the
prescribed fees for each vehicle over one used in the business. (766-7/60,904-6/62, 1604-10/70,3100-5/91,
3161-8/92)
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$75.00 plus $2.00 per wheel for all trailers used in the business. (766-7/60,904-6/62,
1604-10/70,3100-5/91,3116-6/91,3161-8/92)
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
machinery or tools of any description, shall pay an annual license fee in accordance with the
following schedule:
legis drft/mc05 16/3/4/03 15
•
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
(904-6/62,1604-10/70,3100-5/91,3161-8/92)
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
Service machine, plus
for each machine charging 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $7.00 A
for each machine charging 100 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 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $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 pool/billiard machine $50.00 A
for all other amusement machines $50.00 A
(b) In the event any license fee provided by this section on any vending or bulk-vending
machine is not paid when due and payable, the owner of the business on whose business
premises such vending or bulk-vending machine is located, shall be jointly and severally
liable to pay the full amount of such license fee. .
legis drfl/mc0516/3/4/03 16
(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 levied under this section shall be credited toward such
minimum.(2594-2/83, 1461-2/69,904-6/62,838-6/61,766-7/60,3100-5/91,3161-8/92)
5.16.420 Water companies. An annual fee of$32.00 and 850 per customer for the maximum
number of customers at one time during the preceding calendar year. (766-7/60,904-6/62, 1604-10/70,
3100-5/91,3161-8/92)
legis drft/mc0516/3/4/03 17
Raw► RUTI . K SHEET
INITIATING DEPARTMENT: City Treasurer
SUBJECT: Introduction of Amendments to Title 5 Business Licenses
COUNCIL MEETING DATE: April 21 , 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( ) 6—
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author:
4
a
Surfity + CITY OF HUNTINGTON BEACH
8 ID
INTER OFFICE COMMUNICATION
II ,,In'tiflL.'1, OFFICE OF THE CITY TREASURER
TO: Honorable Mayor and City Council Members c
0
FROM: Shari L. Freidenrich, City TreasuE v
cc: Ray Silver, City Administrator _, ";
Bill Workman,Assistant City Administrator -p `'' ''"
Connie Brockway, City Clerk . `-'
Jennifer McGrath,City Attorney c c-
v
DATE: April 17, 2003
SUBJECT: Agenda Item G-2a
The legislative draft of Ordinance 3603 is correct in the agenda packet. However, Ordinance No.
3603 includes a typographical error on page three under Section 5.04.010 Definitions (x)
Solicitors and canvassers in lines 11 and 12.
This memorandum transmits the corrected page three of Ordinance No. 3603 that eliminates the
typographical error. With this correction, Ordinance No. 3603 now matches the legislative draft.
The motion to be approved should be changed to adept Ordinance No. 3603 as amended.
SLF:jg
Attachment
(i ,( .°
G:\joyce\Shari\memos\Late Item 4-21 meeting Item 6-2a
(o) "License"means a license required for any person conducting, transacting, carrying on t
engaged in any business, trade,profession, calling or occupation in the City.
(p) "Licensee" means any person conducting,transacting, carrying on or engaged in an
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 whic ay be
offered for sale.
(r) "Operator"means any person conducting or operating a swap meet, or e ent within the
City. This shall include such events commonly referred to as a farmer' market and arts
and craft shows.
(s) "Peddler" means any person not having a fixed place of busines. in this city, who for
himself, or as agent or representative for or of another, goes fj,1 m 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 deli/ s 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,5l'6bs, or common law trusts, societies and
individuals transacting and carrying on any b siness in the city other than as an
employee.
(u) "Public dance" means a dance open to t e public for an admittance fee or charge, which -
is held on one day only.
(v) "Public dance hall" means a place ripen to the public upon payment of admittance fee,
wherein music is provided and p ople are allowed to dance which is so open at regular
intervals or on regular days of e week.
(w) "Service Machine" means 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 canvas ers" means any person not having a fixed place of business within
the city who for hims if or as agent or representative for or of another, in person or by
telephone or by any ther means of communication is engaged in the business of going
from house to hou and place to place or at or along the streets of this city, offering to
sell intangibles, s ch 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 i lusive of newspapers, magazines, periodicals, books and all other
publications, d whether collecting advance payments or not, and inclusive of all
persons who us go from place to place, and from house to house within the city, in any
like or anal ous activities, and inclusive of any and all such persons who may or may
not engage n any actual or purported interstate commerce. Any solicitor or canvasser
going hoe to house must belong to a non-profit organization. The terms "solicitor" and
"canvass r" shall not apply to commercial salesmen, agents and the like who sell or take
orders$ r the sale of wholesale goods to persons maintaining a fixed place of business in
this c�ty 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
02ord/title 5/3/21/03 3
/sufity CITY OF HUNTINGTON BEACH
p INTER OFFICE COMMUNICATION
HW° OFFICE OF THE CITY TREASURER
TO: Honorable Mayor and City Council
FROM: Shari L. Freidenrich, City Treasur,
cc: Ray Silver, City Administrator (/
Connie Brockway, City Clerk
DATE: April 3, 2003
SUBJECT: Remove Item From Council Agenda
I am requesting the removal of item G2a from the Council Agenda scheduled for Monday, April
7, 2003. This item requires a minor revision and will be placed on the Council Agenda for
Monday, April 21, 2003.
If you have any questions,please contact me at 536-5200.
SLF:jg
U
•
.X)0,(\11,\Q v\k CcAtAN\ G-ra
G:\joyce\Shari\memos\Council Agenda Removal Item
CITY OF HUNTINGTON BEACH
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: CT 03-11
Council/Agency Meeting Held: '/7/03 /y7
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: April 7, 2003 Department ID Number: CT 03-11
CITY OF HUNTINGTON BEACH o
REQUEST FOR COUNCIL ACTION c'
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ; = -'^
SUBMITTED BY: SHARI L. FREIDENRICH, City Treasur
PREPARED BY: SHARI L. FREIDENRICH, City Treasu
SUBJECT: ADOPT ORDINANCE AMENDING TITLE 5 OF THE HUNTINGTON
BEACH MUNICIPAL CODE RELATING TO BUSINESS LICENSES
AND REGULATIONS Ord. 4/c' 3 6 o�
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: Should we amend Title 5 of the HBMC relating to Business Licenses
and regulations to properly reflect the department responsible for enforcement of this code
and to consolidate and clarify various sections through minor modifications?
Funding Source: Not applicable.
Recommended Action: Motion to:
Adopt Ordinance /✓a- 36a.4 an ordinance of the City of Huntington Beach amending Title 5
of the Huntington Beach Municipal Code relating to Business Licenses and regulations.
Alternative Action(s): Do not adopt the ordinance, leaving the wording of the current
ordinance unchanged.
Analysis: The current business license ordinances in Title 5 of the Huntington Beach
Municipal Code do not easily flow from section to section due to various modifications made
over the years. The proposed amendments are intended to consolidate the ordinance into
easily identifiable and enforceable sections and to streamline the business license tax
processing without conflicting with the provisions of Proposition 218.
& -al a
G:\TREAS\RCA\RCA 2002-03\RCACT 03-11 Introduction of Title 5 Changes Rev.doc —y
March 26, 2003 7:36 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: CT 03-11
These changes can be summarized as follows:
1. Update the ordinance to reflect the appropriate department currently responsible
for enforcing the ordinance. The various sections have been amended to replace
the City Clerk and Finance Director with the City Treasurer whom is responsible
for enforcement of Title 5.
2. Consolidate all definitions in the various chapters under Section 5.04.010
Definitions.
3. Consolidate Chapter 5.10 Enforcement of Title and Chapter 5.12 Exemptions to
Provisions under Chapter 5.08 Licensing Procedures.
4. Require fee items such as license reissue, duplicate license and change of
location to be set by Council Resolutions, which is consistent with how the City
handles all other fees.
5. Update the language in all Chapters to be able to process licenses more
efficiently and allow more effective enforcement of the ordinance.
6. Update Chapter 5.16.317 Events to streamline the business license tax collection
process for events in the City which will allow the.City to process these types of
licenses more efficiently.
These amendments to Title 5 of the Business License ordinance do not trigger a Proposition
218 vote. Proposition 218 requires any increase in taxes to be put on the ballot to be voted
on by the affected citizens, and these proposed changes do not increase the amount of any
taxes currently identified in the ordinance.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1 Proposed ordinance amending Title,,5 of the HBMC relating to
Business Licenses and Regulations Or-4, /04). 3 66"
2 Le•islative Drafts — Chapters 5.04, 5.08, 5.10, 5.12 and 5.16
RCA Author: Shari L. Freidenrich
G:\TREAS\RCA\RCA 2002-03\RCACT 03-11 Introduction of Title 5 Changes Rev.doc -3-
March 26,2003 8:40 AM
ATTACHMENT # 1
ORDINANCE NO. 33O3
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 he date of license
application and shall be determined by ascertaining the total numberLof 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.
02ord/title 5/3/21/03 1
(e) "Bulk-vending machine" 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."
(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.
02ord/title 5/3/21/03 2
(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 may be
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. Any solicitor or canvasser
going house to house must belong to a non-profit organization. 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
this 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
02ord/title 5/3/21/03 3
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 Exemptions--Generally. 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.
02ord/title 5/3/21/03 4
(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.
1. 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
02ord/title 5/3/21/03 5
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:
1. 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
3. 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
02ord/title 5/3/21/03 6
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)1 above,to any
other person for the purpose of securing a license as herein provided.
5.08.030 Conflict with other provisions--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
02ord/title 5/3/21/03 7
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.
02ord/title 5/3/21/03 8
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
02ord/title 5/3/21/03 9
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.
02ord/title 5/3/21/03 10
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.
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
02ord/title 5/3/24/03 11
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
02ord/title 5/3/21/03 12
Chemical engineer Insurance adjuster
Chemist Interior decorator
Child nurseries(9 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
02ord/title 5/3/21/03 13
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:
02ord/title 5/3/21/03 14
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 wrecking.
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
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
02ord/title 5/3/21/03 16
(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 withinthe 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 5/3/21/03 17
(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
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 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $7.00 A
for each machine charging 100 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 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $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 pool/billiard machine $50.00 A
for all other amusement machines $50.00 A
(b) In the event any license fee provided by this section on any vending or bulk-vending
machine is not paid when due and payable,the owner of the business on whose business
premises such vending or bulk-vending machine is located, shall be jointly and severally
liable to pay the full amount of such license fee.
02ord/title 5/3/21/03 19
(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 levied under this section shall be credited toward such
minimum.
SECTION 7. Section 5.16.130 is hereby deleted in its entirety.
SECTION 8. 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 day of , 2003.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney 3 j2A 1 b3
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
J
City Aelitinistrator 3 L I 3
City Treasurer
02ord/title 5/3/21/03 20
ATTACHMENT # 2
ORDINANCE NO. 3403
LEGISLATIVE DRAFT
Chapter 5.04
General Provisions
Sections:
5.04.010 Definitions.
5.04.020 Purpose.
5.04.030 Effect on other ordinances.
5.04.040 Effect on past actions and obligations.
5.04.050 Prohibited occupations.
5.04.060 Permit from Council required for certain businesses.
5.011.070 Peimit Petition.
5.04.080 Investigation fees.
5.04.090 License not a permit.
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" shall 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.
d ' thi ,,apter incl means anybuilding, or portion
(b) "Apartment houses" .. �.._._ --- -__-- --_-r--- --
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;" as used in this chapter, means includes the -
t full-time equivalent of employees in the managing, operating,
transacting and carrying on of any business in the city. The average number of
Iegisdrf/mc504LD/3/4/03 1
employees for any business • means the average
number of persons employed daily for the twelve-month period ending on
December 31 next preceding the date of license application and shall be
determined by ascertaining the total number of hours of service performed by all
employees during such year, and dividing the total number of hours of service
thus obtained by the number of hours of service constituting a 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.
for the
•
+ •
based
(d) (e) "Bulk-vending machines" a ' this hapt 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)(f) "Business;" as used in this chapter, includes 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.
(e)(h) "Dinner dancing place" means a place where music is provided and the public is
permitted to dance without payment of a fee.(766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-7/92)
(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.
d ' this cha means a contractor whose
(�(k) "General building contractor; as --_,
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
legisdrft/mc504LD/3/4/03 2
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.
(g)(1) "General engineering contractor," as used in this chapter, 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.
GG • 79 •
l,+ a
(i-)(m) "Hotel, motel or rooming house;" as used-in this chapte es 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.
(b)(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.
(o) "License" means a license required for any_person conducting,
transacting, carrying on or engaged in any bPusiness, 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 may be offered for sale.
+• � d • r b sines in the cit> of H t• b Tin e _
Iegisdrft/mc504LD/3/4/03 3
(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.
(k)(s) "Peddler," as used in this chapter,means anddes any person not having a
fixed place of business in this city, who for himself, orr as agent or representative
for or of another, goes from house to house, and place to place, or at or along the
streets of this city offering to sell tangible objects or articles, goods,wares,
merchandise or services, who delivers such object, article, goods,wares,
merchandise or service, in person,to the individual person placing the order for
the same, at the time such order is placed and paid for.
d ' th' chapter incliff means all domestic and foreign
{q-}(t) Person, ., ...,�.. --- ----- =---r---� --------
corporations, associations, syndicates,joint stock corporations,partnerships of
every kind, clubs, Massachusetts-business, or common law trusts, societies and
individuals transacting and carrying on any business in the city other than as an
employee.
(b)(u) "Public dance" means a dance open to the public for an admittance fee
or charge, which is held on one day only.
(a)(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.
(m)(x) "Solicitors and canvassers;" as used in this chapter, means and includes any
individual 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 this
city who are licensed as prescribed by this title.
(n)(y) "Specialty contractors" 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 requiring special skill and whose principal contracting business involves the
use of specialized building trades or crafts or other specialized techniques and
Iegisdrft/mc504LD/3/4/03 4
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.
(o)(bb)"Vending machines" 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." (766-7/60,
838-6/61,904-6/62, 1461-2/69, 1924-7/74, 1935-11/74,2594-2/83,2679-3/84)
5.04.020 Purpose. The ordinance codified herein is enacted solely to raise revenue for
municipal purposes, and is not intended for regulation. (766-7/60)
5.04.030 Effect on other ordinances. Persons required to pay a license tax for transacting
and carrying on any business under this title shall not be relieved from the payment of any
license tax for the privilege of doing such business required under any other ordinance of
the City of Huntington Beach, and shall remain subject to the regulatory provisions of
other ordinances.
(766-7/60)
5.04.040 Effect on past actions and obligations. Neither the adoption of the ordinance
codified herein nor its superseding of any portion of any other ordinance of the city shall
in any manner be construed to affect prosecution for violation of any other ordinance
committed prior to the effective date hereof, nor be construed as a waiver of any license
or any penal provision applicable to any such violation, nor be construed to affect the
validity of any bond or cash deposit required by any ordinance to be posted, filed or
deposited, and all rights and obligations thereunto appertaining shall continue in full force
and effect. (766-7/60)
5.04.050 Prohibited occupations. Nothing in this title shall be construed to permit the
conduct of any trade, business or occupation which is prohibited by an applicable federal,
state or municipal ordinance or regulation, or which has been declared illegal or to
constitute a nuisance by any governmental or municipal authority. (852-8/61)
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 Clerk Treasurer of-
his deputies, would be detrimental to the public health, safety, welfare or moral standards
Iegisdrft/mc504LD/3/4/03 5
of the City.until a permit shall have first been obtained from the City Council or
appropriate City department. (838-6/61)
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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 Clerk Treasurer prior to the police
investigation. Fees are not refundable. (1171-1/66)
5.04.090 License not a permit. The business licenses issued pursuant to the provisions of
this title constitute a receipt for the license fee paid and shall have no other legal effect.
A business license is a requirement, not a permit to conduct, manage or carry on any
business activity within this city. (838-6/61)
legisdrft/mc504LD/3/4/03 6
Ordinance No. 8403
LEGISLATIVE DRAFT
Chapter 5.08
LICENSING PROCEDURES
(76-7/60, 327-4/29, 372-3/34, 838-6/61, 904-6/62, 1605-10/70)
Sections:
5.08.010 License Required
5.08.015 Evidence of doing business
5.08.020 Exemptions--Generally
5.08.030 Conflict with other provisions--Tax payment
5.08.040 Fee payment--Average number of employees
5.08.050 License--Term
5.08.060 Additional sums due before renewal
5.08.065 Application, license process and renewal fees
5.08.070 Fee payment--When ceasing business
5.08.080 Fee payment—When due
5.08.090 Nontransferable--Amended for changed location
5.08.100 Delinquent payment--Penalty
5.08.110 Delinquent payment--Bars further license
5.08.120 Bonds--Required when
5.08.130 Bonds--Form
5.08.140 Separate license--Branch establishments
5.08.150 Unexpired prior to ordinance
5.08.160 Replacement--Fees
5.08.170 Posting and keeping
5.08.180 Application--Contents
5.08 190 Licensee—Contents
5.08.200 Error by clerk City Treasurer--Correct amount due
5.08.210 Affidavit Statement-of-average number of employees
5.08.220 Statements not conclusive determination
5.08.230 Failure to file statement
5.08.210 Appeal
5.08.250 Additional power of Clerk City Treasurer
5.08.260 Deposit of fees, penalties and other moneys into general fund
5.08.270 Renewal
5.08.280 Examination of business place
5.08.290 Officers' right of entry
5.08.300 License--Revocation--Suspension
5.08.310 Appeal
5.08.320 Appeal procedure
5.08.330 Hearing—Licensee right
5.08.340 License-Tax —A debt
legisdrft/mc0508/3/21/03 1
5.08.350 Remedies cumulative
5.08.360 Zoning and other regulations
5.08.370 Violation--Penalty.
5.08.010 License--Required. There are imposed upon the businesses,trades, professions, callings
and occupations specified in this title license taxes in the amounts hereinafter prescribed. It shall
be unlawful for any person to transact and carry on any business, trade,profession, calling or
occupation in the city without first having procured a license from the city so to do or without
complying with any and all applicable provisions of this title. (327-4/29, 766-7/60)
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 i + th +'' T • ova Exemptions--Generally. This
section Nothing in this title shall net be deemed or construed to require apply to any
person
with 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. (327-4/29, 766-7/60)
(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
legisdrft/mc0508/3/2 1/03 2
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.
1. 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
legisdrft/mc0508/3/21/03 3
§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 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:
1. 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
legisdrft/mc0508/3/21/03 4
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.
3. 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 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)1 above, to any other
person for the purpose of securing a license as herein
provided.
legisdrft/mc0508/3/2 1/03 5
5.08.030 Conflict with other provisions--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. (327-4/29, 766-7/60)
5.08.040 Fee payment--Average number of employees. In the case of an original application for
license under the average number of employees classification, where the applicant-intends-to
shall b .1 d bl f 11 g f:„al nl „f a plieation for licens0 b„t prior to issue „f
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license applied f Th e wh.... aka application f� lice se, der this cl ssif;c do b t who do
161V1 1.111J J
+ t f- a lace ofbusiness i„this city 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. if--c'_'bus-_ ess_ h i- o f -n--a f+__ the beginning f+he liicensi„_
employees at th end of the licens. r ' .1 shall „a ., l_ce„se f_e_„_accorda a with schedule
f b h of om plo ye rd m a,:credit tho li a irl o .,l
(766-7/60, 904-6/62, 1605-10/70)
5.08.050 License--Term. The fees for all licenses, whether under flat rate (annual) status or
classifications A, B, C, and D, shall be payable in advance, and such license shall cover the
period of one year from the first day of the month in which said license is issued. (7667-/60, 904-
6/62, 1605-10/70)
5.08.060 Additional sums due before renewal. The statement r red. „der Section c 04 210
befere-thifty-0-0)-days-fellewing-the-end-efthe-Year-afflieable-te-sueh-business-as-set-fefthr and
statement.No renewal license shall be issued until the full amount due and payable,
the + + + d retur f r the„ram including any penalties or other unpaid
permit fees or taxes levied by any City department has have been paid in full. (766-
7/60, 904-6/62, 1605-10/70)
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. T th t that ., business llicersed urde=t e
legisdrfl/mc0508/3/21/03 6
statement l ucb stateme„t. In no event shall any portion of the minimum fee be
refundable in the event a business shall cease operation. (766-7/60, 904-6/62, 1605-10/70)
5.08.080 Fee payment--When due. The minimum license fee payable under the average number
of employees classification shall be due and payable in the case of an original license before the
license is issued, and in the case of a renewal license, shall accompany the statement-required-by
Sectionc 08 2 i 0 f the prior year and application for renewal. (766-7/60, 904-6/62, 1605-
10/70)
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 of$3.75 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. (766-7/60, 838-6/61, 1605-10/70)
5.08.100 Delinquent payment--Penalty. For failure to pay a license tax when due, the City Clerk
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, id• +t, t t nt of suchpo LV alty t`.he a Kdded "ha"
fie-even+ d i 00 f t t of the license tax_, . (766-7/60)
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. (372-3/34, 838-6/61)
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 Clerk 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. (327-4/29, 766-
7/60)
5.08.130 Bond--Form. The conditions of the bond shall be + + d b + t l the f 11llowin
b
language: in a form approved by the City Attorney.
"Of the said ,the-bounden principal shall comply with all the laws and
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5.08.140 Separate license--Branch establishments. A separate license must be obtained for each
branch establishment or location of the business transacted and carried on and for each separate
type of business at the same location, and each license shall authorize the licensee to transact and
carry on only the business licensed thereby at the location or in the manner designated in such
license;provided that warehouses, and distributing plants used in connection with and incidental
to a business licensed under the provisions of this title shall not be deemed to be separate places
of business or branch establishments. (766-7/60)
5.08.150 Unexpired prior to ordinance. Where a license for revenue purposes has been issued to
any business by the city and the tax paid therefore under the provisions of any ordinance
heretofore enacted and the term of such license has not expired,then the license tax prescribed
for the business by this title shall not be payable until the expiration of the term of such
unexpired license. (766-7/60)
5.08.160 Replacement--Fees. A duplicate license, license decal or license plate may be issued by
the City Clerk 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 Clerk Treasurer a fee o as
adopted by Resolution of the City Council. (766-7/60,838-6/61, 1605-10/70)
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 a conspic uo place public view upon the premises where such
business is carried on and have in or upon the licensee's business vehicles the business license
decals 1 ense rlat 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 decal or license plate or other form of
license as designated by the City Treasurer issued for such vehicles. (766-7/60, 838-
6/61)
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 Clerk,
Treasurer, upon a form to be secured from the City Clerk, 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;
Iegisdrft/mc0508/3/21/03 8
(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 Clerk 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. (766-7/60)
PrePared-af144ssued-IYY4he-GitY44erk-RPEffi-Payment-te4he-CAY-Gellecter-the-Sefff-reeftlire44e-- be
(a) TL, s +o whom the o da..,
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5.08.200 Error by Clerk City Treasurer--Correct amount due. In no case shall any mistake of
the City Clerk 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. (766-7/60)
5.08.210 Affidavit Statement of average number of employees. In all-cases where the license is
. . . .. - . cragc number of employees,the-lieensee-shall-submit-te4he-GitGlerk--fer
9 , 9
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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
legisdrft/mc0508/3/21/03 9
contained shall be subject to audit and verification by the City Clerk, Treasurer. his
Yr f
+th o re 7 or. s re1„ red+ establish f:rml„the a e e etber„f
1 f 4b ed of any li 1 t f l 1.
neeessaf
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+h .r ,dam �nt to Cif:, r,scertni the nt of l; e e f e due
(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. (766-7/60)
5.08.230 Failure to file statement. (a) If any person fails to file any required statement within
the time prescribed, or if after demand therefor made by the City Clerk Treasurer, such
person he fails to file a corrected statement,the City Clerk 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.
(b) Ifsu d ,+h City Clerk shall gi, otiee of t-he a .,t
assesseE1 b + ll r b„de sitin n the Uni+ .l States Doss Office .,t
ti-�LULLaJ 1 VJL V111
J a r � re o
�-.rarcm �cac�x� caxxro=niir�o'�iig�o'i ecyuxcruQuc��za-Lv Lll� j��a.�v" .a"
1 + da C h ,ith' f:f+ (15) d after+he mail;
crvv xx QQQiCSJ—O C[C1TOC1 J02T IiiLT1 OfTC32ZITZIZTCGZi'C�7'-aA7� urL�a ua� aalu ng e
f h + 1 l t' riting to+he City_Clerk f^ ., heari,, or. the r,t
Vl U1L.U1111�Vll
4 1 t+ (1 0) /1 +' + eL.p of the 4im ++rl place of hearing-in-the-manner
l Ut,L. Vl
a d d /1 hall make findings+hereon,a hi.,h shall be f;na Notiee of s„ch
•lavv war ..���.��������� �������_ __-_----_, --_-___
_ t,avww�-_..., a-
f di h ll b d +he pl; r.t in the maim a r;bed .,bo e fn e of
r err r 1 r
va
notices of assessments. (766 7/60)
A ed b, ,decisio f+he Ci+ Clerk ,it re"�eat to the
llt, t1L�l
Th C'+ Cl hell ., e orrice to s„e f+h +' na lace „fhearing b„
SA vla vl. LUL. Y b >
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Iegisdrft/mc0508/3/21/03 10
•
5.08.250 Additional power of City Clerk Treasurer. In addition to all other powers conferred
upon the City Clerk, 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. (766-
7/60)
5.08.260 Deposit of fees, penalties and other moneys into general fund. (-a)All fees,
penalties and other moneys received by the City Collector Treasurer pursuant to the
provisions of this title shall be deposited with he- ity Treasurer a„d to the general fund of this
city upon the same day or the business day next following the receipt of the same.
City Clerk
each,: o e
licenses under this title. (766 7/60)
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.
1egisdrft/mc0508/3/21/03 11
(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.
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.
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*he purpose of enforcing the provisions hereof.
legisdrft/mc0508/3/21/03 12
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.
legisdrf/mc0508/3/21/03 13
a
Ordinance No. 3603
LEGISLATIVE DRAFT
Chapter 5.10
ENFORCEMENT OF TITLE
(327 4/29, 766 7/60, 838 6/61, 904 6/62, 1842 6/73)
Seetiensi
5.10.010 Administrativea t Of ce. de nated
ccn=cncvriz �:b..»�.....
5.10.020 Examination of business place
c i n n3n n� ..ors'right„font
5.10.010 License Revocation Suspension
S Eense Revocatie D d +;at o
5.10.060 Hearing Notice
5.i n07o-He T icensee ht
5.10.080 License Tax a debt
5.10.090 Remedies cumulative
5.10.100 Zoning and other regulations
5.10.010 Administrative and enforcement officer designated. The Director of Finance is charged
timet t e be required by there + f F' +t, City Couneil,(766 7/60,904-
6/62, 1842 6/73)
•
•
. , , •
•
6/62, 1842 6/73)
.10.030 nF� •
ht + T e DircE 9re ina ce, t TLicense Supe „d_his
inspectors,
7
Directorvrinance,or his rcprcuentatives,to causercomplaint to be against an and all
67
legisdrf Imc0510/3/4/03 1
•
e 1 n 01n T ; Revocation Suspe„sion A y licensee who shall p ..r it the. elation of city
e e e �,��yr�,�r
7
> > 616904-6/62)
licensee is conducting the business licensed in such a manner as to be detrimental to the public
heal*'�ls-or say-ehegeneral-p„1�3-7-4,29, 3 4�34, 838-6/61, °�2)
5.10.060 Hearing Notice No such license shall be revoked except upon a hearing by the City
notieeTwritten-and-served-upen-the4ieensee-either-personally-er-by-oertified-mailr with-return
eity-riet-less-than-ten-(-1-0-)-clays-befere-the-date-efthe-hearingTaddressed-te-the-lieensee-at-the
e
7 7
5.10.070 Hearing Licensee right. At such hearing, the licensee shall be entitled to be
not be revoked. (327 1/29, 3-72 3/31, 838 6/61, 904 6/62)
5.l n-rv.080 License Tax a debt,The-tamount 9f-anylicense-tax-and-pen imposed y the
tax and penalties. (766 7/60, 904 6/62)
of enforcing the previsions hereof. (766 7/60, 901 6/62)
5.10.100 Zoning and ether regulations. No license shall be issued to any person failing to present
business „ pation (766 7i60)
legisdrf/mc0510/3/4/03 2
Ordinance No. 3 b
LEGISLATIVE DRAFT
Chapter 5.12
EXEMPTIONS TOP O ISIONS
(766 7/60, 1221 8/66)
Sectioisi
5.12.010 Exemptions Generally
5.12.020 Interstate commerce
c 12 030 Cl7 •+ bl n n r,p« �„fit or. .
5.12.010 Disabled veterans Exempted when
.,ishi...
C.1'�D' b1 .7 t pan License-issua a nditio
5.12.010 Exemptions Generally. Nothing in this title shall be deemed or construed to apply to
+ 1, bed -766 7/60)
5.12.020 Interstate commerce.
(a) None-of the license taxes
n+provided
�for by this title shall be so applied as to occasion an
1' l +f li + pin v,d a b .a suc c he
•
•
K{JV11 UKV
r,r r
7
v�u 11 rr �
fed suppor in 6 , e+l,o .,f bu i„ess .,.,,1 the a mbe
J 111V JU Ka nb
f 1 +'
vav r
•
+l, !`'+, ('1 lczrr�v acczxx-izccc��irro--iia-viQerrr�-accrralzriz� �ll� �� , J,
f + bt .l t ++ al oft a City A++ s„bject to the .,l of
the-City-Geuneili-shal-l-frx-as-the-4ieense-t-a-x-fer-theepp1ieantrata-ameunt-that-is
+ 1 +1' [Z C1Z'will assul
-- zl� Lllll rr
J '1 rr n
+ •+ +t .l f 1, thr a /2\ m „t p od, a s r or" state „+ „f+l,e
V V11UV , r
legis drft/mc05 12/3/4/03 1
title.
with th Ci+ C1 L + t' the facts ,>hie e e pt'L1V11 iJ Vcl1ns �,_ a
�
./ LJ 1.
4 1 f+h City Co ,1 n license to nh ern n cln g e e ptio .,miler
��Vll .JV1Jnl „� ,YY
th t• 'th t orient to tihe city of the liceense tax regu redca y this title
(d) The City Cleflc, after giving notice and a reasonable opportunity for hearing to a licensee,
+hr fth' cti nfn ratio +h t 4hi �J rt V11JVV lcensee et entitled t„the
ZV
cxcmption as provided herein. (766 7/60)
c 1 030 Ch 4 bl d„ „fit„rvn zatie •
(a) As use +m " • n n n
rl�io ch + hl f 4 1 educat 1 il•4 state nt nl
erganiza
4' ratio The of+h: LVL chapter s Jhall „et be dee ed
11K1
7
• , 4• 4• •4 f n+;4„4;o rg r.izat;or. .,.l.;nl'. ;n i.i+nduc+e.-1
11 YY 111V11 1J V Vl
r J "J'
,a d ,.holly for the bef;et_ f h + bl e {FLU NV ene r ff ,.hich r�.+„ fi„ t
O
7
. ducting of any enter ainm + cart xhibiti.n .ter lecture
a J
e e o
+ f h + rr e„+ er+ xh b do or lent„ e to hen rated n+
h .l f 4h .l t;v, of n er.ter4n nm 4 .l rt h'h•+' 1 ctur
l-' h h b 4' ratio rl e rand fre h c„ h ,l,r o fit ; et
d .l i d 41 d +1 h d .;.1, nl. �ide.a ham. e +hat noth:
1 L11LLL 11V 1
1 4h f 4b. e th. `de quiring n p vermit fr om the C ity
-- � 1
YJ a J r
C •1 f 4 d 4 profession.
7 J o
trader ..11; ati n.
� .
(b) Th f fees 7 _t7 _tall t_ accomplished by the City
CO J 1
satisfied. (766 7/60, 1221 8/66)
5.12.010 Disabled veterans Exted when. Every honorably discharged soldier, sailor or
legisdrft/mc0512/3/4/03 2
t ,
7 7 , 7 ,
•
•
7 7 7
•
•
7 �
th;sir
surgeon of the United c+ + N n M rines Air Force or r r c D„blic Health
c rti 4 f 1, b d 1, R f,.r.. 41.e r nite,l States Navy n rmy
Fepresen
- 7 0
7
+ t fthe local post s „ft e n- r di t v + f1
r-
---
War-s.
Gity-Glerks--Tlie-epplieant-must-alse-sign-beth-eepies-ef-the4ieense-at-the-time-ef-the
issuanee-
- �wvr a�au�a vi
thereof. (327 n/29 766 7l60)
•
It + b1 ,l f th 1 f th l dl
7
f '1 t r1 h t r,ds f r re tion efthe license .,nd f r refusing its
� a
renewa
1 +1, l• e+here. ter;
7
be surrendered to the City Clerk and anc led7 »- a ___the,the l i_ersee __n_ ea ..,or the
heldeF4heFeef-shall-413eFeafter-be-ent-itlek1-4e-held-*-lieense-under-t-he-pFevisiens-ef-this
section;
(d) TL. li .l t •mil •`••h' 1 rb h .,t„ a „hene e e ed 4o do by
receptacle in
a' h oods, res-or merch dise +t, l 1, ll b a l e
7
r r, r
(f) Every lieense issued under the provisions of this section shall expire thirty (30) days from
Iegisdrft/mc05 12/3/4/03 3
•
provisions of this section, er for aersen to transfer or convey the certificates
ment' t' 2 050( b er
- a ' c ci + th f is ava uth
e v v g
licensei. is a (327- n/2o 7ti6 7/6m
iegis drft/mc05 12/3/4/03 4
Ordinance No. d '
LEGISLATIVE DRAFT
Chapter 5.16
RATES
(327-4/29, 766-7/60, 838-6/61, 904-6/62, 1461-2/69, 1604-10/70, 1605-10/70,1652-9/71, 2022-
1/76, 2594-2/83,2784-9/85, 2965-10/88, 3100-5/91,3116-6/91, 3161-8/92, 3241-10/94)
Sections:
5.16.010 Rates per employees
5.16.020 Rates per employees--Minimum license
5.16.030 Application for reclassification--Action
5.16.040 License classifications designated
5.16.050 Flat rate payment code letters
5.16.060 Advertising
5.16.070 Amusement activities
5.16.080 Auctioneer
5.16.090 Bankrupt sale
5.16.100 Bath
5.16.110 Circus
5.16.120 Contractors without a fixed place of business within the City
5.16.130 Dancing teacher
5.16.140 House moving
5.16.160 Junk collector
5.16.170 Junk dealer and auto wrecking
5.16.180 Music or fine arts teacher
5.16.190 Office building
5.16.200 Oil business--Nonproduction
5.16.210 Outdoor theaters
5.16.220 Pawnbroker
5.16.230 Peddler
5.16.240 Public dance hall, dinner dancing place, and public dance
place
5.16.250 Public utilities
5.16.260 Rooming house, apartment house, motel, bungalow or auto court
5.16.270 Skating rink
5.16.280 Small stands and businesses--Temporary and permanent
5.16.290 Telephone solicitor or canvasser
5.16.300 Soliciting on streets for hotels or dining rooms
5.16.310 Stockyard auction
5.16.315 Swap meets, indoor swap t , al nts, srec'fi a h i+ b' is
5.16.317 Events.
5.16.320 Trailer parks
legis drfl/mc05I6/3/4/03 1
1 f
5.16.340 Transportation,trucking or hauling--No business location
5.16.350 Transportation, trucking or hauling--Exceptions from fee
5.16.360 Transportation, trucking or hauling--Dump and tank trucks
5.16.370 Truck rental or leasing
5.16.380 Passenger vehicle rental or leasing
5.16.390 Trailer rentals
5.16.400 Transportation--Water
5.16.410 Vending, bulk-vending and amusement machines
5.16.420 Water companies
5.16.010 Rates per employees. The following rates shall apply to business licenses:
First three employees $75.00
Nextinerrse s 4 through 12 employees,per $4.00
employee
Next f rty per-sens 13 through 52 employees,per $3.00
employee
All other employees in excess of feFty 52 $2.00
employees, per employee
(766-7/60,904-6/62, 1605-10/70,2022-1/76,2965-10/88,3100-5/91,3161-8/92)
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 Finance Director City Treasurer for
reclassification. Such application shall contain such information as the Finance Director City
Treasurer may deem necessary and require in order to determine whether applicant's
individual business is properly classified. The��Director 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. (766-7/60,904-
6/62, 1605-10/70,2965-10/88,3100-5/91,3161-8/92)
5.16.030 Application for reclassification--Action. The Finance Director 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.
+, + th li +• r , ` ti Th City Council shall consider all
rr
legis drft/mc0516/3/4/03 2
upon the
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
Chemical engineer Insurance adjuster
Chemist Interior decorator
Child nurseries(4 9 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
legis drft/mc05 1 6/3/4/03 3
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(4 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. a d + " for i ubsect•
• •
fixed pl +• u
ll 11
r
(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. (327-4/29,766-7/60,
838-6/61,904-6/62, 1605-10/70)
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 indicate monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall
indicate weekly fee. All amounts shown are in dollars. (766-7/60,904-6/62)
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
apply to any person, employee, agent or representative of any person who
already has a City license as provided elsewhere in this chapter
legis drft/mc0516/3/4/03 4
(b) By sign or bill posting, sign erection or installation, or any form of outdoor $112.50 A
advertising as defined in Article 961 of by the Huntington Beach
Ordinance 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
(766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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. (766-7/60,904-6/62, 1604-
10/70,2594-2/83,3100-5/91,3161-8/92)
5.16.080 Auctioneer. For the business of licensed auctioneer or auction company whose
permanent place of business, as filed with the California Auctioneer Commission, is located in
legis drfi/mc0516/3/4/03 5
the City of Huntington Beach, the fee shall be subject to rates per employees as detailed in
section 5.16.010. (766-7/60,904-6/62, 1604-10/70,2784-9/85)
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 $58.00 D. (3100-5/91,3161-8/92)
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 fee shall be $112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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:
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
(766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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, , , , ,7 �•vT•01 0, ' o
may alternatively pay a license fee
r
as indicated herein:
General engineering and/or general building contractor $142.50 A
Specialty, subcontractor, or other $90.00 A
(766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
no regularly 11
of$75.00 A. ,
5.16.140 House moving. Every person engaged in house moving or wrecking of buildings and/or
structures, shall pay a fee of$112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
5.16.160 Junk collector.
(a) For every person conducting, managing or carrying on the business of
legis drft/mc0516/3/4/03 6
•
junk collector, the fee shall be $187.50 A
Or at the option of the licensee $40.00 D
•
ttl metmot „r t ;i; 1 ;,,,,t- (766 7/60,904 6/62, 1604 10/70,3100 5/91,
3161 8/92)
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 $187.50 A
(b) For the purpose-of this section an "auto wrecker" means and includes any person who
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. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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
(1604-10/70,3100-5/91,3161-8/92)
5.16.200 Oil business--Nonproduction. Every person conducting, 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 servicing operation, or refining oil or petroleum
products and producing the byproducts, or marketing, selling or distributing at wholesale, oil or
any petroleum products, or byproducts, 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. (1652-9/71)
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:
legis drft/mc0516/3/4/03 7
Number of Stalls Fee per Year
First 500 $337.50
All over 500 (per stall) 500
A separate license shall be obtained for snack bars, foodstands and other concessions. (766-7/60,
904-6/62, 1604-10/70,3100-5/91,3161-8/92)
5.16.220 Pawnbroker.
•
•
-rt, t• e,�; 11 be^ - $187.50 A(766 7/60,901 6/62, 1601 10/70,3100 5/91,3161
8/ 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
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. Provided,
' . . 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. •
the provision€ of sections 5.12.050 and 5.12.060. (1604-10/70,904-6/62,838-6/61,766-7/60,3100-5/91,3161-
8/92)
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 fee tax of$337.50 A. Every person conducting, managing or operating a public dance
shall pay a fee tax of(per dance)$58.00D.
•
forth:
legis drft/mc0516/3/4/03 8
(a) "Public dance hall" means a place open-to the public upon payment of admittance fee,
a �
(b) "Public dance"means a danee-epen-te the public fer an admittance fee-er charge, which
is-hekl-en-ene-day-enly7
(c) "Dinner dancing means a place whefe music is provided and the public is
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 only to the extent if it engages in
retail merchandising, pursuant to section 5.16.040(D) not covered by the franchise in the
City. (766-7/60,904-6/62, 1604-10/70)
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 $32.00 A and $7.00 per unit. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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 $187.50 A. (766-7/60,904-6/62, 1604-10/70,3100-
5/91,3161-8/92)
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. (766-7/60, 1604-10/70,3100-5/91,
3161-8/92)
5.16.290 Telephone sSolicitor 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.
5.16.300 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,
legis drft/mc0516/3/4/03 9
•
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 $112.50 A. (766-7/60,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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 $187.50 A. (1604-10/70,3100-
5/91,3161-8/92)
5.16.315 Swap meets, ' r r ' ' speeifie e
The operators and exhibitors shall pay a business license tax according to the provisions of this
section. (3241-10/94)
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
^ d t f � 1 + d arts d eraf+ sho (3241 10/94)
a e ,
v `
event. (324-1 10/91)
•
advertised by an
t ublic at l"'ge-d?ring a specified period of time, may rchase er exch :ge
(3211 10/91)
/ill T l Q M + 1, ll zaean pe ti f 1 di
r
•
•
7
(5) Stall, Space Or Booth, shall be defined as physical area measuring one hundred
and forty four(1 4) square feet-er less. (- 4-1 10/94)
(6) Charitable er Nen Profit pins-shal mean these who have submitted
papers as defined by Internal Revenue-Code 501C3 and by the California
Secretary St ' , `"' ,r
(3211 10/91)
(b) Fees (324-1 10/91)
(1) Indoor Swap Meets (3241-10/94)
legis drft/mc0516/3/4/03 10
Indoor swap meets,because of their unique character and location, will have rates
established individually by City Council action. (3241-10/94)
(2) Outdoor Swap Meets (3241-10/94)
(a) Every operator shall pay a business license fee tax, 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. (3241-10/94)
(3-) ppaeia1 Events. Speeifie-Events a rat, i+ bl E:e„ts. (3211 10/91)
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
legis drft/mc0516/3/4/03 1
•
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.
table: (3211 10/94)
__ CCTS Lco3)
0 50 $2-0.9 $300
51 19-0 $a-9-0 $10 0
101 2-09 $449 $5 0
ovcr 200 $59-0 $c00
(b) hibi+ h ll 4 the . „+ f one dollar ($ nm der stall
r
per day. Where two (2)or more exhibitors share a single stall, each such
cxhibitor shall pay a separate daily stall fee. Such fee shall constitute a
debt owed by the exhibitor+ th C•+ a shall be tinguish d-enly-bT
th + d ch da. the exhibitor participates in the meet. Any
legis drft/mc05 1 6/3/4/03 12
•
required by the city. Exhibitors may elect to pay for a regular business
1• f +hat 1 atio l „f'r ng daily foe i3211 1nro4)
(e) On or before the tenth day following each meet, each operator shall file a
return with the City Tr surer-showing the-total amount of fees collected
unfa th t• a h th f t• y be re ,•ed by+h
full amount of the fees collected to the City Treasurer. Returns and
payments-ahall-be--Elue-immediately-upon-oessatien-ef-business-by-the
operator for any re se (32A 9
(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 ope + ho f 1 t t+1 f thin the time specified shall p
a penalty of ten (10)percent for each month said payment is overdue.
(3211 10/91)
(c)(d) Records: (3241-10/94)Each operator shall keep full and accurate records of receipts and
stall rentals to venders 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 subsection
(b)(3) of this section. (3241-10/94)
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 $112.50 annually for the first twenty-five
(25)trailer spaces and $7.00 for each additional trailer space. (766-7/60,838-6/61,904-6/62, 1604-10/70,
3100-5/91,3161-8/92)
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 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 $35.00 A
over
legis drf1/mc0516/3/4/03 13
for vehicles with a manufacturer's capacity of three tons or over $46.00 A
(766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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 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 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$75 for each and every vehicle so used or operated other than those vehicles
described in sections 5.16.330 and 5.16.350. (766-7/60,838-6/61,904-6/62, 1604-10/70,3161-8/92)
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. (766-7/60,838-6/61,
904-6/62, 1604-10/70)
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 sections 5.16.330 and 5.16.340, shall pay an
annual license fee based upon each motor vehicle so used or operated ef--$7-5 00 as follows:
(a) For each Dump Truck $75.00 A
for each vehicle additional trailer or wagon with single rear axle $49.00A
for each vehicle 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).
+ , t tank wag $97.50 A
for each additional tank truck, wagon or trailer $23.00 A
legis drft/mc05 1 6/3/4/03 14
(766-7/60,838-6/61,904-6/62, 1604-10/70,3100-5/91,3116-6/91,3161-8/92)
5.16.370 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 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$75.00 plus $23.00 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. (766-7/60,838-6/61,904-6/62, 1604-
10/70,3100-5/91,3161-8/92)
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$75.00 plus $11.50 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$75.00 will be required in addition to the
prescribed fees for each vehicle over one used in the business. (766-7/60,904-6/62, 1604-10/70,3100-5/91,
3161-8/92)
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$75.00 plus $2.00 per wheel for all trailers used in the business. (766-7/60,904-6/62,
1604-10/70,3100-5/91,3116-6/91,3161-8/92)
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
machinery or tools of any description, shall pay an annual license fee in accordance with the
following schedule:
legis drft/mc0516/3/4/03 15
•
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
(904-6/62, 1604-10/70,3100-5/91,3161-8/92)
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
Service machine: plus
for each machine charging 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $7.00 A
for each machine charging 100 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 10 to and including 40 $2.50 A
for each machine charging 50 to and including 90 $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 pool/billiard machine $50.00 A
for all other amusement machines $50.00 A
(b) In the event any license fee provided by this section on any vending or bulk-vending
machine is not paid when due and payable, the owner of the business on whose business
premises such vending or bulk-vending machine is located, shall be jointly and severally
liable to pay the full amount of such license fee.
legis drft/mc0516/3/4/03 16
(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 levied under this section shall be credited toward such
minimum.(2594-2/83, 1461-2/69,904-6/62,838-6/61,766-7/60,3100-5/91,3161-8/92)
5.16.420 Water companies. An annual fee of$32.00 and 850 per customer for the maximum
number of customers at one time during the preceding calendar year. (766-7/60,904-6/62, 1604-10/70,
3100-5/91,3161-8/92)
legis drf9/mc0516/3/4/03 17
RLR RUUTIN '. P SHEET
INITIATING DEPARTMENT: City Treasurer
SUBJECT: Introduction of Amendments to Title 5 Business Licenses
COUNCIL MEETING DATE: April 7, 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff _ ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( 67/41' )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: