HomeMy WebLinkAboutOrdinance #4346 ORDINANCE NO. 4346
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70 and 14.08
OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO DUTIES OF THE CITY TREASURER
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 1.18.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.020 Definitions
The following definitions apply to the use of these terms for the purposes of this Chapter:
Building Violation. Any violation of this Code pertaining to building, plumbing,
electrical, or other similar structural or zoning regulations set forth in this Code that does not
create an immediate danger to health or safety.
Citation. An administrative citation issued pursuant to this Chapter. Citation includes a
notice of noncorrection unless the context clearly shows otherwise.
Citee. Person given an administrative citation charging him or her as a responsible person
for a code violation.
City Attorney. The City Attorney or his or her designee.
City Treasurer. The City Treasurer or his or her designee.
Enforcement Officer. Any City employee or agent of the City designated by the Director
of any City department which has the authority and responsibility to enforce provisions of this
Code.
Chief Financial Officer. The Director of the City's Finance Department or his or her
designee.
Hearing Officer. The person appointed by the City Manager to serve as the hearing officer
for administrative hearings. Prior to conducting hearings the hearing officer must first be certified
by the City Attorney as qualified to provide a fair and impartial hearing based on appropriate
education, training and experience.
Issued. Giving a citation to the citee and issuance occurs on the date when a citation is
personally served on the citee,the date it is mailed to the citee, or the date it is posted on real
property where a property related violation occurs.
Issuing Department. The City department that has the authority and responsibility for
enforcing the code section(s) designated on a citation as having been violated.
Notice of Noncorrection. A reissuance of an original citation for a building violation
which notes a violation(s) on the original citation has not been corrected within the applicable
correction period.
Responsible Person. A responsible person is any of the following:
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1. A person who causes a code violation to occur.
2. A person who maintains or allows a code violation to continue,by his or her action
or failure to act.
3. A person whose agent,employee,or independent contractor causes a code violation
by its action or failure to act.
4. A person who is the owner of, and a person who is a lessee or sublessee with the
current right of possession of, real property where a property related code violation
occurs.
5. A person who is the on-site manager of a business who normally works daily at
the site when the business is open and is responsible for the activities at such
premises.
For purposes of this subsection "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
There shall be a legal rebuttable presumption that the record owner of a parcel according
to the county's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel
has notice of any code violation existing on the premises.
For the purposes of this Chapter, there may be more than one responsible person for a
code violation, and a minor at least 14 years of age may be a responsible person subject to the
provisions of this Chapter.
SECTION 2. Section 2.15.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.15.030 Director—Power of Duties.
The Chief Financial Officer shall be appointed by the City Manager. The Chief Financial
Officer shall have the following powers and duties:
A. Direct,plan, organize and coordinate programs and activities of the Finance
Department.
B. Establish and maintain a system of financial procedures, accounts and controls for
the City government and each of its offices, officers, departments and agencies.
C. Provide direction for the control of all expenditures to insure that budget
appropriations are not exceeded.
D. Direct and administer the City's centralized purchasing function with regard to
procurement of all supplies, services and equipment for all City departments and
agencies of the City.
E. Administer and enforce all Municipal Code regulations regarding finance, and
purchasing.
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SECTION 3. Section 2.16.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.16.020 Powers.
The City Treasurer shall have the power to:
A. Receive on behalf of the City all taxes, assessments, license fees, and other
revenues of the City, or for the collection of which the City is responsible, and
receive all taxes or other money receivable by the City from the County, State, or
Federal Governments, or from any court, or from any office, department, or agency
of the City.
B. Have and keep custody of all public funds belonging to or under control of the City
of any office, department, or agency of the City government and deposit or cause be
deposited all funds coming into their hands in such depository as may be designated
by resolution of the City Council, or, if no such resolution be adopted, then is such
depository designated in writing by the City Manager, and in compliance with all of
the provisions of the State Constitution and laws of the State governing the handling,
depositing, and securing of public funds.
C. Pay out monies only on proper orders or warrants in the manner provided for in the
City Charter
D. Prepare and submit to the Chief Financial Officer monthly written reports of all
receipts, disbursements, and fund balances, and shall file copies of such reports with
the City Manager and City Council.
E. Manage the Business License functions of the City.
SECTION 4. Section 2.16.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.16.030 Treasurer--Duties.
The City Treasurer shall be the head of the City Treasurer's Department and shall be
elected by the voters. The City Treasurer shall have the duties set forth in the City Charter, and
the following duties:
A. Plans, organizes, directs, and coordinates all programs and activities of the City
Treasurer's Department.
B. Determines and directs department policies, procedures, and organization.
C. Obtains quotes for the investment of funds under his or her control, authorizes
purchases, maintains documentation, receives payments, schedules maturities,
authorizes fund transfers, calculates and makes daily repurchase agreements, and
establishes and maintains an Investment Policy pursuant to the California
Government Code.
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D. Establishes and controls all bank accounts, negotiates services and contracts with
bank, makes daily deposits, handles returned checks and reconciliation thereof.
E. Collects monies owed to the City whether by tax, fee, charge,judgment, settlement or
otherwise; utilizes letters, phone calls, and collection agencies as required; and may
write off uncollectible items up to $10,000.00 without further authorization, between
$10,000.00 and $50,000.00 with the prior approval of the City Manager and in excess
of$50,000.00 with City Council approval only.
F. Makes cash flow projections on a weekly and monthly basis.
G. Manages the Business License operation including the issuance of permits, receipting
of oil well royalties, and the transient occupancy tax.
H. Receives all City monies including taxes,fees,water,sewer and trash fees including oil
well royalties and transient occupancy taxes.
I. Maintains all trusts, bonds, security agreements, and funds for the City including the
filing, depositing, refunds and releases, letters of release, and inquiries relating
thereto.
J. Prepares, submits, and administers the annual budget for his or her department.
K. Performs such other duties and has such other powers as the City Council may
establish hereafter by resolution consistent with the City Charter.
L. Administer and enforce all Municipal Code regulations regarding the collection of
monies owed to the City.
SECTION 5. Section 3.28.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.080 Registration
Within 30 days after the effective date of the ordinance codified in this Chapter, or within
30 days after commencing business,whichever is later, each operator of any hotel renting
occupancy to transients shall register said hotel with the City Treasurer and obtain from him or
her a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous
place on the premises. Said certificate shall, among otherthings, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued.
D. "This Transient Occupancy Registration Certificate signifies that the person namedon
the face hereof has fulfilled the requirements of Chapter 3.28 by registering with the
City Treasurer for the purpose of collecting from transients the Transient Occupancy
Tax and remitting said tax to the City Treasurer. This certificate does not authorize
any person to conduct any unlawful business or to conduct any lawful business in an
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unlawful manner, nor to operate a hotel without strictly complying with all local
applicable laws, including but not limited to those requiring a permit from any board,
commission, department or office of this City. This certificate does not constitute a
permit."
SECTION 6. Section 3.28.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.090. Reporting and Remitting.
Each operator shall file a report each month on forms provided by the City Treasurer of
the total rents charged and received and the amount of tax collected for transient occupancies for
the preceding month. The full amount of tax collected shall be remitted to the City Treasurer.
Said tax collected by each operator during a calendar month, is due and payable and must be
received by the City by the last business day of the first month following and shall be
delinquent and subject to the penalties noted in Section 3.28.100 of this Chapter on the first day
of the second month following. Said report shall be filed at the same time the tax is remitted.
Returns are due and payable and delinquent immediately upon cessation of business for any
reason. All taxes collected by operators pursuant to this Chapter shall be held in trust for the
account of the City until payment is made to the City Treasurer.
SECTION 7. Section 3.28.100 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.100. Penalties and Interest.
The following shall give rise to penalties and interest:
A. Original Delinquency. Any operator who fails to remit any tax imposed by this
Chapter within the time required shall pay a penalty of 10% of the amount of the tax in
addition to the amount of the tax.
B. Continued Delinquency. Any operator who fails to meet any delinquent
remittance on or before a period of 30 days following the date on which the
remittance first became delinquent shall pay a second delinquency penalty of 10% of
the amount of the tax in addition to the amount of the tax and the 10%penalty first
imposed.
C. Fraud. If the City Treasurer determines that the non-payment of any remittance
due under this Chapter is due to fraud, a penalty of 25% of the amount of the tax shall
be added thereto in addition to the penalties stated in subsections A and B of this
section.
D. Interest. In addition to the penalties imposed, any operator who fails to remit any
tax imposed by this Chapter shall pay interest at the rate of one-half of one percent
per month, or fraction thereof, on the amount of the tax,exclusive of penalties,from
the date on which the remittance first became delinquent until paid.
E. Penalties Merged With Tax. Every penalty imposed and such interest as
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accrues under the provisions of this section shall become a part of the tax herein
required to be paid.
SECTION 8. Section 3.28.110 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.110. Failure to Collect and Report Tax—Determination of Tax by City
Treasurer
If any operator shall fail or refuse to collect said tax and to make, within the time
provided in this Chapter, any report and remittance of said tax or any portion thereof required
by this Chapter, the City Treasurer shall proceed in such manner as he or she may deem best to
obtain facts and information on which to base his or her estimate of the tax due. As soon as the
City Treasurer shall procure such facts and information as he or she is able to obtain upon
which to base the assessment of any tax imposed by this Chapter and payable by any operator
who has failed or refused to collect the same and to make such report and remittance, he or she
shall proceed to determine and assess against such operator the tax, interest and penalties
provided for by this Chapter. In case such determination is made, the City Treasurer shall give a
notice of the amount so assessed by serving it personally or by depositing it in the United States
mail, postage prepaid, addressed to the operator so assessed at his or her last known place of
address. Such operator may within 10 days after the serving or mailing of such notice make
application in writing to the City Treasurer for a hearing on the amount assessed. If application
by the operator for a hearing is not made within the time prescribed,the tax, interest and
penalties, if any, determined by the City Treasurer shall become final and conclusive and
immediately due and payable to the City Treasurer. If such application is made,the City
Treasurer shall give not less than five days written notice in the manner prescribed herein to the
operator to show cause at a time and place fixed in said notice why said amount specified
therein should not be fixed for such tax,interest and penalties. At such hearing, the operator
may appear and offer evidence why such specified tax,interest and penalties should not be so
fixed. After such hearing the City Treasurer shall determine the proper tax to be remitted and
shall thereafter give written notice to the person and in the manner prescribed herein of such
determination and the amount of such tax, interest and penalties. The amount determined to be
due shall be payable to the City Treasurer after 15 days unless an appeal is taken as provided in
Section 3.28.120.
SECTION 9. Section 3.28.120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.120. Appeal
Any operator aggrieved by any decision of the City Treasurer with respect to the amount
of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of
appeal with the City Clerk within 15 days of the serving or mailing of the determination of
tax due. The Council shall fix a time and place for hearing such appeal, and the City Clerk shall
give notice in writing to such operator at his or her last known place of address. The findings of
the Council shall be final and conclusive and shall be served upon the appellant in the manner
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prescribed above for service of notice of hearing. Any amount found to be due shall be
immediately due and payable upon theservice of notice.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit,
action or proceeding in any court against the City or an officer thereof to prevent or enjoin the
collection of taxes sought to be collected pursuant to this Chapter and paymentcf all tax, interest
and penalties shall be required as a condition precedent to seeking judicial review of any tax
liability.
SECTION 10. Section 3.28.130 of the Huntington Beach Municipal Code is amended to
read as follows:.
3.28.130. Records
It shall be the duty of every operator liable for the collection and payment to the City
of any tax imposed by this Chapter to keep and preserve, for a period of three years, all
records as may be necessary to determine the amount of such tax as he or she may have been
liable for the collection of and payment to the City,which records the City Treasurer shall have
the right to inspect at all reasonable times.
SECTION 11. Section 3.28.140 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.140. Refunds
The following shall warrant a refund:
A. Whenever the amount of any tax, has been overpaid or paid more than once or has
been erroneously or illegally collected or received by the City Treasurer under this
Chapter, it may be refunded as provided in this section.
B. The City Treasurer may refund any tax that has been overpaid,paid more than
once,or has been erroneously or illegally collected or received by the City Treasurer
under this Chapter, provided that no refund shall be paid under the provisions of the
section unless the claimant or his or her guardian, conservator, executor or administrator
has submitted a written claim, under penalty of perjury, to the City Clerk within one year
of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly
establish claimant's right to the refund by written records showing entitlement thereto.
Nothing herein shall permit the filing of a refund claim on behalf of a class or group of
taxpayers. Where the amount of any individual refund claim is in excess of$5,000.00,
City Council approval shall be required.
C. It is the intent of the City that the one-year written claim requirement of this
section be given retroactive effect; provided,however, that any claims which arose prior
tothe enactment of the one-year claims period of this section, and which are not otherwise
barred by a then-applicable statute of limitations or claims procedure, must be filed with
the City Clerk as provided in subsection B of this section within 90 days following the
effective date of the ordinance codified in this section.
D. The City Treasurer, or the City Council where the claim is in excess of$5,000.00
and the City Treasurer has approved the claim, shall act upon the refund claim within 45
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days of the initial r t of the refund claim. Said decision shall be final. If the
ecei p
Treasurer/City Council fails or refuses to act on a refund claim within the 45-day period,
the claim shall be deemed to have been rejected by the CityTreasurer/City Council on the
45th day. The treasurer shall give notice of the action in a form which substantially
complies with that set forth in Government Code Section 913.
E. The filing of a written claim is a prerequisite to any suit thereon.Any action
brought against the City pursuant to this section shall be subject to the provisions of
Government Code Sections 945.6 and 946.
SECTION 12. Section 3.28.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows.
3.28.150 Actions to Collect.
Any tax required to be paid by any transient under the provisions of this Chapter
shall be deemed a debt owed by the transient to the City. Any such tax collected by an
operator which has not been paid to the City shall be deemed a debt owed by the operator
to the City. Any person owing money to the City under the provisions of this ehapter
shall be liable to an action brought in the name of the City of Huntington Beach for the
recovery of such amount.
SECTION 13. Section 3.28.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows.
3.28.160. Failure to Register.
Any operator or other person who fails or refuses to register as required herein, or to
furnish any return required to be made, or who fails or refuses to furnish a supplemental return
or other data required by the City Treasurer, or who renders a false or fraudulent return or claim,
is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or
claim or who makes any false or fraudulent report or claim with intent to defeat or evade the
determination of any amount due required by this Chapter to be made, is guilty of a
misdemeanor.
SECTION 14. Section 5.04.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
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SECTION 15. Section 5.08.015 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
SECTION 16. Section 5.08.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:.
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.
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 or she 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 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 ensure 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-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
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any one 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 Treasurers 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 Section 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 taxbe required for the conducting of any entertainment, dance,
concert, exhibitionor 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 or
her, 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:
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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 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 him or herself by his or her signature and
present a valid license whenever required to do so by a police officeror the
City Treasurer.
d. Every license issued under the provisions of this section shall expire 30
days from and after the date of issuance and a new license may thereafterbe
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 subsection (C)(1) of this section to any
other person for the purpose of securing a license as herein provided.
D. Real Estate Agents. Persons licensed by the California Department of Real
Estate and having their license placed with a broker licensed by the California Department
of Real Estate for purposes of supervision and control, as required by state law, shall not
be subject to taxation under this title if their broker pays the tax in accordance with the
provisions of this title and includes the real estate agent as oneof its employees for
purposes of any computation of the tax.
SECTION 17. Section 5.08.100 of the Huntington Beach Municipal Code is hereby
amended to read as follows:.
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5.08.100. Delinquent Payment--Penalty
For failure to pay a license tax when due, the City Treasurer shall add a penalty of 10%
of the license tax on the first day of each month after the due date thereof.
SECTION 18. Section 5.08.160 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 a statement of such fact, and at the time of filing such
statement,paying to the City Treasurer a fee as adopted by resolution of the City Council.
SECTION 19. Section 5.08.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 or her 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.
SECTION 20. Section 5.08.180 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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;
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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.
SECTION 21. Section 5.08.200 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
SECTION 22. Section 5.08.220 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 anyother penalties provided
by law.
SECTION 23. Section 5.08.230 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.230. Failure to File Statement.
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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 a corrected statement, the
City Treasurer may determine the amount of license tax due from suchperson by means of such
information as he or she may be able to obtain.
SECTION 24. Section 5.08.250 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 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.
SECTION 25. Section 5.08.280 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
SECTION 26. Section 5.08.290 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
SECTION 27. Section 5.08.300 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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
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prepaid, of such revocation and/or suspension.
SECTION 28. Section 5.08.310 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.310. Appeal.
Any person aggrieved by any decision of the City Treasurer under Huntington Beach
Municipal Code Chapters 5.04 through 5.16 may file an appeal with the City Clerk within 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.
SECTION 29. Section 5.16.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 or she 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 Chief Financial Officer 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.
SECTION 30. Section 5.16.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
SECTION 31. Section 5.70.015 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.70.015. Statements and Records.
A. Person(s)required to obtain a sex-oriented business permit shall maintain
complete records which can be segregated with regard to all transactions involving such
products, merchandise, services or entertainment which are sufficient to establish the
percentage of gross receipts of the business which is derived from such transactions.
B. Such records shall be maintained for a period of at least three years.
C. No person required to keep records under this section shall refuse to allow
authorized representatives of the City Treasurer or his or her designee to examine said
records at reasonable times and places.
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SECTION 32. Section 14.080.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.080.010. Application Form.
A. Before water can be served from the City mains to any person or for any premises,
such person or the owner or occupant of such premises shall be required to provide the following
information by telephone, in writing, or by any other means as deemed acceptable by the
department:
1. Name of responsible party (individual or business);
2. Social security number;
3. Driver's license number or passport number;
4. Business license number (if applicable);
5. Address of premises to be serviced;
6. Date on which the applicant will be ready for service;
7. Name and address to which bills will be mailed or delivered;
8. Description of applicant as owner,tenant, agent,builder, or property manager;
9. Contact information which may include but is not limited to primary contact
phone number, mobile phone number, fax number and employer phone number.
B. Failure to provide the information listed above may require the applicant to
apply for services in person on a form provided by the City Treasurer.
•
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SECTION 33. 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 3rd day of March , 2026.
Mayor
ATTEST: INITIATED AND APPROVED:
• s
614/2 -1, .›.24LAA-V2 —
City Clerk Ci easurer
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ic)
City Manage City Attorney
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Ord. No. 4346
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, LISA LANE BARNES, the duly elected, qualified City Clerk of the
Cityof Huntington Beach, and ex-officio Clerk of the CityCouncil of said City, do
g h',
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 February 17, 2026, and was again read to said City
Council at a Regular meeting thereof held on March 3,2026, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Twining, Kennedy, McKeon, Van Der Mark, Gruel, Williams
NOES: None
ABSENT: Burns
RECUSED: None
I,Lisa Lane Barnes,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 Wave on March 12,2026. Aie
Kiz,j4K
[n accordance with the City Charter of said City.
Lisa Lane Barnes, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California