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HomeMy WebLinkAboutORD 328 (1966) ORDINANCE NO. 328 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF TUSTIN, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. The City Council of the City of Tustin does ordain as follows: Sect,ion 1: Ordinances Nos. 206, 241 and 251 are hereby repealed. Section 2: Definitions. (a) Person As used in this Ordinance, ':person" includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, institutions, business. or common law trusts, societies, and individuals transacting and carrying on any business in the City of Tustin, other than as an employee. (b) Business As used in this Ordinance, "business" includes professions, trades and occupations, and all and every kind of calling, whether or not for profit. Section 3: Revenue Measure. This Ordinance is enacted solely tO raise revenue for municipal purposes, and is not intended for regulation. Section 4: Substitute for Other Revenue Ordinances. Persons required to pay a license tax for transacting and carrying on any business under this Ordinance shallnot be relieved from the payment of any license tax for the privilege of doing such business as required by any other Ordinance of the City of Tustin, and shall remain subject to the regulatory provisions of other Ordinances. Section 5: EffeCt of Ordinance on Past Actions and Obligations Previously Accrued. Neither the adoption of this Ordinance nor its superseding of any portion of any other Ordinanc~ of the City of Tustin 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. Section 6: License Recuired. There are hereby imposed upon the businesses, trades, professions, ca!lings, and occuoation specified in this Ordinance f.~fi..G~mr~se taxes in the amounts herein- ~fter prescribed. It shall ~Dc unlawful for any person to transact and carry on any business.~ nrs~.q..~ profession, calling or occuDatior in the City of Tustin without ~irst having procured a license from said City to do so, or withou'c ccr~kplying with any and all applicable orovisions of this Ordinance. This section shall not be construed to require any person to obtain a license prior zo doing business within the City if such requirement conflicts with applicable statutes of the United States of America or of the State of California. Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States of America or of the State of California shall be liable for thelpayment of the tax imposed by this Ordinance. Section ,7: Unlawful Business Not Authorized. No license issued under the provisions of this Ordinance, or the payment of any tax required under the provisions of this Ordinance shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in any illegal manner. Section 8: License Tax a Debt to City. The amount of any license tax and penalty imposed by the provisions of this Ordinance shall be deemed a debt tO the City of Tustin. 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. Section r9: Branch Establishments. A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each 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 an~ incidental to a business licensed under the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments. Section 10: Nothing in this Ordinance shall be deemed or construed to apply to any person transacting and carrying on any business exempt, by .virtue of the Consti'~tion or applicable statutes of the United States of America or ~f the State of California, from the amount of such taxes as are herein prescribed. None of the license taxes provided for by this Ordinance 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 a license to place an undue burden uoon such commerce, he may apply to the City Clerk f~r 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 method of business and the gross volume or estimated gross volume of business, and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Clerk shall thenconduct an investigation, and, after first having obtained the written approval of the City Attorney ~I~.7_i ~ffix as the license tax for the applicant an amount that'..,~ n,ia!=,c=.~-!~]01~ and non-discriminatory, or, if the license tax has akLfsady been maid, shall order a refund of the amount over and above zhe license tax so fixed~ In fixing the license tax to be charged, the City Clerk shall have the Dower to base the license tax upon a percentage of gross receiots, or any other measure which will a~u';.~ t]'~.~t the license.assessed will be uniform With that assessed on business of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this Ordinance. Should the City Clerk determine the 94 gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the Cityof Tustin, or at the end of each three-month period, a sworn statement of the gross receipts, and pay the amount of license tax therefrom, provided that no additional license tax, during any one calendar year shal1 the annual license tax, as r r Section 11: Application. Contents of License. Every person required to have a license under the provisions of this Ordinance shall make application to the City Clerk of the City of Tustin, and upon the payment of the prescribed license tax the City Clerk shall issue to such person a license, which shall conta'n (1) the name of ~he person to whom the license.is issued, (2) the license, and (5) such other information as may be necessary for the enforcement of the provisions of this Ordinance. Section 12: Exemption from Tax. No person shall solicit donations or contributions within the City without first having obtained a license, and endorsement of said license by the City Clerk, giving approval for a particular solicitation for stated purposes for a specified period only. A license may be obtained without payment of the usual fee under 'the provisions of this Section by the following: (a) Any institution or organization which is conducted, managed, or carried on wholly for the benefit o~ charitable, religious, eleemosynary or benevolent purposes, and from which no profit is derived, either directly, or indirectly, subject to compliance with the provisions of this Ordinance. (b) Any non-profit institution or organization as to a particular enterprise or entertainment or fund-raising ~enture or solicitation, when (1) more than o~e-half of the benefits are set aside for a church, school, or religious, benevolent, charitable or eleemosynary purposes or (2) the entire benefits are set aside for any such purpose .as aforesaid, provided, however, that no profit is derived therefrom by any person, directly or indirectly, and that no soizcitaffion of funds shall be engaged in within the City except in conformance with the provisions of all ordinances of the City regulating such activities. (c) Any honorably discharged and honorably relieved soldier, sailor, marine or airman of the United States, as to distribution of circulars or the peddling, hawking or rending of any goods, wares, or merchandise owned by him, if (1) physically unable to obtain a livelihood by manual labor, (2) a voter of the State of California, and (3) a veteran of service in World War' I, or any earlier war. (d) Any docto::~ ].awver~ architect or other professional oerson ~ ....... d _ ...... ~~, Dy 'th~ 2.:a-c,e c:~: S,~.,!:Lfornia, not havinq a f olace of business within the Cit}-, and not doing business within i~the Ciny, other than occasional furnishing of professional service~ wholly negotiated and contracted for outside the City. (e) Any public utility making franchise payments to the City of Tust:in, as to-the franchise activity upon which .such payments are based. ! (f) Any farmer or grower within the City limits, who sells at wholesale only. Z Section 1~: Procedures for Obtaining Fee-Exempt License. 4 (a) A fee-exempt license'may be issued by the City ~- Clerk to any person when the application for issuance of a business license is accompanied by a verified, or certified under 6 penalty of pe~ry, statement of the facts, clearly showing that the applicant meets the requirements of one or more of the 6 classifications set forth in Section 11. 7 (b) The burden of proof of entitlement to exemption shall, in all cases, be upon the applicant to establish the facts 8 showing entitlement to a fee-exempt license. The City Clerk may prescribe the form or forms of statements of fact required, and may 9 require the applicant to present such other proof of entitlement as may be reasonable in the particular case. 10 Section 1.4: Limitation on Fee-Exempt Licenses. 11 (a)f Every license issued without payment of the usual 12 fee shall be stamped "Exempt" upon its face. 13 (b) Any-license issued as fee-exempt may be revoked by the City Clerk in the event it is determined by the City Clerk 14 that the applicant is not entitled to exemption, except that no such license shall be revoked without forty-eight (48) hours !6 notice to the licensee. 16 (c) Any license issued as fee-exempt shall be void and shall afford no defense in any civil or criminal prosecution if !7 any material statement contained in the application, statement of facts or any other document or representation made to the City 18 Clerk in claiming exemption is false or fraudulent. 19 (d) No fee-exempt license may be transferred. 20 (e) Every person receiving a fee-exempt license shall promptly file a verified report of all funds received and disbursed 21 in the fee-exempt activity. Any holder 'of a license issued as fee-exempt shall file such report not later than January 19th of 22 the succeeding year, in the case of any annual license, and ten days after any such activity is concluded~ in all other cases. 23 Such report shall be in such form and detail as may be required in all similar cases by the City Clerk. Section 15: Denial of Fee-Exempt LiCense: Appeal. Any 25 person denied a fee-exempt license and/or endorsement for a particular solicitation by the City Clerk, after compliance with 26 the procedural requirements thereof, and believing himself to be entitled to receive fee-exemption or solicitation endorsement, on 2~ the basis of the information filed with the City Clerk, may appeal to the City Council for its order:: ......... :uing -the City Clerk to 923 grant such exemption and/or solicitation endorsement. Appeal shall be in writing, filed in triplicate with the City Clerk, and 29 shall clearly and concisely state: 30 (a) SubdivisiOn of Section 12 hereof ~ntitling s~ch applicant to such exemption and/or solicitation endorsement; (b) The facts relied upon to establish that applicant ~Z meets the requirements and conditions of such subdivisions; (c) That the applicantshas disclosed all such facts to the City Clerk; and (d) That the applicant has filed a duly executed statement of facts as required, and such other proof of entitlement as the City Clerk has requested. The City Council may decide such appeal, and shall deny the same unless it finds that the written appeal complies with the requirements of this Section, that the applica~nt has nished to the City Clerk all of the documents and data reasonably required by him, and that the applicant, upon the record, is entitled to exemption from the usual fees and/or to a solicitation endorsement. Section 16: Upon a person making application for the first license to be issued hereunder or for a newly established business, in all cases where the amount of the license tax is to be measured by gross receipts, such person if engaged in business or registering in the first quarter of the calendar year shall pay the sum of $25.00 in advance. For succeeding quarters, the payment shall be reduced by one-fourth if made after March 31st, by one-half if made after June 30th, and by three-fourths if made after September 30th. The City Clerk shall not issue to any person another license for the same or any other business until such person shall have furnished to him the written statement and paid the license tax herein required. Section 17: Affidavit; Renewal License. In all cases the applicant for renewal of a license shall submit to the City Clerk for his guidance in ascertaining the amount of license tax to be paid by 'applicant, a written statement upon a form to be provided by the City Clerk, sworn to before a person authorized to administer oaths~ or certified under penalty of perjury~ setting forth such information concerning the applica~t's business during the preceding year as may be required by the City Clerk to enable him to ascertain the amount of the license tax to be paid. by said applicant pursuant to the provisions of this Ordinance. Section-!~: Statements Not Conclusive. No statement shall be conclusive as to the matters set forth therein, nor shall the filing thereof preclude the City of Tustin from collecting, by appropriate action, such sum as is actually due and payable hereunder. The City Clerk~ with the approval of the City Council, is hereby authorized and empowered to retain, from time to time, accountant or accountants, licensed by the State of California, to examine, audit and inspect the books and records of any licensee or applicant for a license to ascertain and verify that the matter: in any statement or statements are correct. Upon any such verification by accountant or a.cccuntants, no information Shall be given to the City Cl~rk b~y said ~ccountant or accountants other than that the~statemenL is corr~c'~ or incorrect. All licensees, applicants for licenses and oerscns engaged in business in Lhe City of Tustin are hereby ~equ~re~ to oermit examination' of their books and records for the purposes ~foresaid. The information furnished or secured pursuant to this Section, or Section 1i of this OrdinanCe, shall be confidential. Any unauthorized di~ciosure or use of such information by any officer or employee of the City of Tustin, or by any accountant or accountants retained as-provided herein, shall constitute a misdemeanor, and such person shall be subject to the penalty provisions of this Ordinance in addition to any other penalties provided by law. Section 19: Failure to File Statement or Corrected Statement. If any person fails to file any required statement within the time prescribed, or if at the demand therefor made by the City Clerk he fails to file a corrected statement, the City Clerk may determine the amount of license tax due from such person by means of such information as he may be able to obtain. If such a determination ms made, the City Clerk shall give a notice of the amount so assessed by serving it personally or depositing it in the United States Post Office, in Tustin, California, postage prepaid, addressed to the person so assessed at ~-his last known address. Such person may, within fifteen (15) days after-~.the mailing or serving of such notice, make application in writing to the City Clerk, for a hearing on the amount of the license tax. If such application is made, the City Clerk shall cause the matter to be set for hearing within fifteen (15) days before the City Council. The City Clerk shall give at Ieast ten (10) days notice to such person of the time and place of hearing, in the manner prescribed for service of notices of assessment. The City Council shall consider all evidence produced and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed. above for serving notices of assessment. Section 20: Appeal. Any person may appeal to the City Council any decision of the City Clerk with' respect to the issuance or refusal to issue such license, by filing a Notice of Appeal with the Clerk of the Council. The Council shall thereupon fix a time and place for hearing such appeal. The Clerk_of the Council 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 Tustin, California, postage prepaid, addressed to such person at his last known address. The Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this Ordinance. Section 21: Additional Power of City Clerk. In addition to all other power conferred upon him, the City Clerk shall-have the power, for good cause shownr to extend the time for filing any required sworn statement for not exceeding thirty (30) and in such cases to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the City Council, to compromise any claim as to the amount of license tax due. Section 22 ~ ~c~ ._- .~!'~'~ '~ra~ferable. Amended -License for a Changed Location. No license issued pursuant to tl~is Ordinance shall be transferabie~ provided that where a license is issued authorizing a person to transact and carr3~ on a business at a particular place, such licensee may, upon application therefor' and payment of a fee of $5.00~ 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. Section 23: Unexpired Licenses. Where a license for revenue purposes has been issued to any business by the City of Tustin, and the tax paid therefor, under the provisions of any Ordinance heretofore enacted, and the terms of such license have not expired, then the license tax prescribed by this Ordinance for said business shall not be payable until the expiration of the term of such unexpired license. Section 24: Duplicate License. A duplicate license may be issued by the City Clerk, to replace any license 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 Clerk a duplicate license fee of $5.00.- Section 25: Posting and Keeping Licenses. All licenses must be kept and posted in the fo!low~ng manner: (a) Any iicensee transacting and carrymng on business at a fixed place of business in the City of Tustin, shall keep the license posted i~ a conspicuous place upon the premises where such business is carried on. (b) Any licensee transacting and carrying on business but not operating at a fixed place of business in the City of Tustin shall keep the license upon his person at all times while transacting and carrying on such business. (c) All vehicles licensed by the City of Tustin shall have a sticker issued by the City of Tustin placed in a conspicuous place upon said vehicle at all times. (d) All vending machines licensed by the City of Tustin shall have a current sticker zssued by the City of Tustin placed upon said vending machine at all times. Any and all machines not having such required current sticker shall be subject to impound by the Chief of Police. Section 26: License Tax: Where and When Payab~_e. Un3. ess otherwise specifically provided, all annual license the provision of this Ordinance~ ~ka!l be due and Dayab].e advance on the first day of Janu'ary of each year; provided that license taxes covering new operations, commenced after the first day of January may be prorated for the bal-anc'e of the license period, by quarters. Except as otherwise herein provide~, license taxes required hereunder shall be due and payable as follows: (a) Annual: Due and payable on the first day of January of each year? delinquent on ~l~arch 31st of the same year. (b) Weekly flat-rate license taxes: On Monday of each week, in advance. (c) Daii'~ fiat--:f ' ~.zcense taxes: Each day., in advance. Section 27: Penalties for Failure to Pay Tax When Due. For failure to pay !ic~nse tax when due, the City Clerk shall add a penalty of 25% of sai~ !icei~se tax on the last day of each month Sl'iafter the due date thereof, provided that the amount of such penalty to be added shall in~no event exceed 100% of the amount of the license tax due. Section 28: The City Clerk shall make such investiga- tions and inspections required for particular businesses as may ze necessary, and may designate investigations and inspections to be made by other departments, in accordance with the followings. general guides: (a) The Department of Building and Safety shall review applications involving a change of occupancy of any portion of a building, and in such other circumstanees as may involve questior of compliance with building, electrical, plumbing or other construction codes. (b) The Fire Department shall review applications-which involve businesses or premises which may constitute substantial fire risks, or any risks of serious danger to human life or property. (c) The Police Department shall review applications for businesses which may affect public morals, involve substantial danger of fraud or deception, pose unusual police problems, may involve the handling or receiving of stolen goods to a higher degree than usual, tend to affect traffic control, involve public assembly, include police-type functions, are of a kind which tend to attract or involve undesirable persons, or otherwise substant- ially affect public safety. (d) The Health Department shall review applications for businesses which involve the preparation, storage or sale of food or drink, except in sealed containers. (e) Other departments, agencies, or officers shall review applications when the proposed business poses special problems dealt with by such department, agency or officer. S~ction ~ License Tax Imposed. Every person who engages in business within the City of Tustin shall pay a license tax upon business done within the city of Tustin, annual, unless otherwise herein provided, in the amounts and at the rates hereinafter designated: (a) Retail and wholesale sales businesses, and all other businesses not otherwise specified: 1,000 to 25,000 $ 25.00 25,001 to 10~,000 $ 40.00 100,001 to 200,000 $ 50.00 200,00i to 300,000 $ 60.00 300,001 to 600,000 $ 80.00 600,001 and over $100.00 (b) Any business consisting primarily of manufacturing, packing, processing, canning or fabricating goods or produce: 1,000 to 25,000 $ 25.00 25,00! to !00,000 $ 40.00 100,001 to 200~C0 $ 50.00 200,001 to 300,000 $ 60.00 ~00,00! to 600,000 $ 80.00 600,001 and over $100.00 (c) Any profession, trade or occupation, not including retail or wholesale sales, or manufacturing, and not otherwise specifically named or described, and involving principally a 100 service rather than a sale or the furnishing or rendering of a facility or thing: 1,000 to 25,000 $ 25.00 25,001 to 100r000 $ 40.00 100,001 tO 200,000 $ 50.00 200,001 to 300,000 $ 60.00 300,001 to 600,000 $ 80.00 600,001 and over $100.00 The license fee for any business whose license fee is determined under subsection (a), (b) or (c) of this Section 29 shall be based upon the gross receipts of said business for the preceding year, except that in the case of a new business the fee shall be based upon an estimate of the gross receipts which the business will have for the year for Which the license is granted. All gross receipts and license taxes shall be prorated on the basis of the quarter of the year in which they are initially paid. For businesses paying the license tax prior to March 31st the full amount shall be pa~d based uoon estimated gross receipts for the year. For t~cense taxes paid subseqmently the amount shall be three-fourths of full amount if paid after March 31st, but prior to June 30th; one-half of full amount if paid after June 30th, but prior to September 30th; one-fourth of full amount if paid after September 30th. Persons making application for any such business shall furnish to the City Clerk a verified written statement, upon the form provided by the City Clerk, setting forth such information as may be therein referred to and required, and as may be necessary to determine the amount of license tax to be paid by the applicant, which estimate, if accepted by the City Clerk as reasonable, shall be used to determine the amount of license tax to be paid. "Gross receipts" shall include the total amount of the sale price of all sales and the-total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed,' whether or not such act or service Ks done as a part of or in connection with the sale of materials, goods, vjares or merchandise. Included in "~ross receipts" shall be all receipts, cash, credits, and properny of any kind or nature, without any deduction therefron~ on acccunt of the cost of the property sold the cost of the materials used labor or service costs interest paid or pa~able, cr !csses or other expenses whatsoever. Excluded ='~'~'~ "r~c~z n_-.~= ....... c. 32.":n. ~.~ cash discounts 101 allowed and taken on sales; credit allowed on property sold; and tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, such part of the sale price of property returned by purchasers upon recission of the contract of sale as is refunded either mn cash or by credit amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected. (d) Particular businesses. TAX Ambulance ............... '. . . $ 25'.00 per vehicle Amusement facilities and devices: (1) Parks and facilities, cardrooms, bowling alleys, ski-ball, bat-ball, hand-ball, shuffleboard, pool - For each facility ............. 25.00 Plus, for each table, court, alley, ride or device, in excess of one . 5.00 (2) Billiards, similar facilities, amusement parks of all kinds, mechanical devices of any kind - For each facility .......... 25.00 Plus, for each table, court, alley, ride or device in excess of one .... 5.00 (3) Rinks, ranges, and courses: Ice or roller skating rinks ...... 50.00 Shooting gallery ....... 50.00 Golf course ........... 50.00 Miniature golf course ......... 50.00 Archery range ............. 50.00 Golf driving range .......... 50.00 Riding academy or stable ....... 50.00 Go-cart, bicycle or similar courses. 50.00 Similar facilities .......... 50.00 (4) Places of Assembly: Cafe with dancing ........... 100,00 Night club .............. 100.00 Dance hall (admission charged) . . . 100.00 Public hall, for rent ......... 100.00 (5) Musical devices: Juke boxes .............. 15.00 ea. Other coin-operated musical devices. o 15.00 ea. (6) Coin-operated amusement devices: (Requiring under 5¢ to operate). 10.00 ~ Plus . 4.00 for each device in excess of one (Requiring 5¢ or more to operate). 50.00 Plus 20.00 for each device in excess of one. (7) Vending machines: Coin-operated vending machine (no skill or chance involved) Requiring one cent to operate ..... 1.50 ea. Requi~ing 2 to 5 cents to operate. 5.00 ea. Requiring over 5 cents to operate. 7.50 ea. All coin-operated devices which are owned ~nd/or operated by a business which is lic~nsed and pays a gross recempts tax, 102 1 are owned by the owner of such licensed premises, shall be exempt from the foregoing taxes, and .the gross receipts of said Z devices shall be included in the gross receipts of the licensed business and shall be included within the gross receipts which 8 are the measure of the tax on said business. 4 (8) Entertainment:- Circus or carnival (all devices, shows, 5 sales and facilities included)- For each consecutive series of days .... $100.00, plus 25.00 each day 6 in excess of one 7 Motorcycle or car show. ......... 35.00 per day Parade advertising any circus or 8 carnival located outside the City 25.00 per day Traveling lecture or professional 9 theatrical performance of any kind, except in a licensed theater ....... 25.00 plus 12.50 per day in 10 excess of one 11 Trained animal show ........... 35.00 per day Circus, carnival, lecture, parade or 1~ other theatrical performance of any kind if determined by the City Clerk to be 18 primarily educational, non-professional or sponsored by a school P.T.A.-type group 14 primarily for children and primarily non-profit ................ 2.00 per day 15 Sports arena, hall or stadium: Under 500 seats ............ 30.00 per 16 exhibition 500 or more seats ......... 60.00 per 17 exhibition Auction sales, house or yard ....... 200.00 plus 18 50.00 for each employed auctioneer 19 Auctioneer (not registered as an. employee by a licensed auction sale, house or yard 25.00 per day ~0 or. 200.00 per year Baths, steam rooms, pools, gymnasiums and '2'1 health clubs ......... 35.00 Bill posting (except billboards) ..... 5.00 per day .2,2 Building construction, general contractors 80.00 Building construction, sub-contractors- 40.00 28 Buses: One regularly scheduled bus ....... 25.00 pj Each additional regularly scheduled bus, in operation at any one time ........ 10.00 ~5 Day nursery or Child care center ..... 25.00 Hand bill or sample distribution. 50.00 '2,6 Home for the aged and rest homes: 1 to 4 guests .............. 15.00 27 5 to 9 guests .............. 25.00 10 or more guests ............ 35.0.0 ~8 House movers ............. 40.00 Newspapers and magazine sellers or 29 distributors, selling, distributing, or delivering materials orinted or published 80 outside of the City to local dealers or to any other persons, by means of agents or 81 employees (excludin~ newsstands or magazine stands operated by a licensee including 82 such activity mn gross receipts tax rate) 25.00 -ii- Lawn care and gardeners ....... $ 25.00 Outdoor advertising (billboards-with space available) ..... - ..... 50.00 per sign per year- Outdoor advertising (not including billboards with space available) . 40.00 per year Outdoor advertising (benches onlyi: First ten .............. 50.00 Over ten .............. 5.00 each Pawn broker ............. 100.00 Private patrolman, detective agency, and security patrol ......... 25.00 Public Utilities and service of all kinds, except buses and+taxis, including advertising revenues (exempt/from tax if franchised by City, with fee based on gross receipts) . . . 2% of gross receipts from City facilities or originating within the City Persons not having an established place of business in the 'City, and having employees engaged in such business in business in the City 25.00 10.00 for each employee Rental of real property, residential, commercial or industrial: Less than 4 rental units in the City No tax 4 or more rental units in the City . 25.00 plus 1.00 for' each unit in excess of 4 Rooming house or boarding house: Less than 4 roomers or boarders. . No tax 4 to 9 roomers or boarders .' 25.00 10 or more roomers or boarders . 35.00 Route sales or services (no established place of business in the City; occasional solicitation only) .... ~ .... 25.00 each vehicle Searchlight advertising ....... 2.00 per day each device or 25.00 annually Sign building, installation and construction companies ....... 40.00 Solicitors - solicitors, registered agents (persons having non-employed agents as itinerant or transient merchants, vendors, peddlers, hawkers, hucksters, canvassers, solicitors and the like) Itinerant or transient merchant or vendor, peddler, hawker, huckster, canvasser, solicitor, photograph or book agent, or like business (employees of li-censees excluded). I0.00 per day per Taxicabs (including advertising revenues) person (exempt from tax if franchised by or permitted by City with fee based on gross receipts) ......... 25.00 for one cab t0.O0 for each additional cab ! Transfer, moving or any other business involving the movement'Of anything.what- Z soever, excepting human passengers, by means of vehicles, not included mn any 8 other specific category. Minimum. . 25.00 plus -5.00 for each 4 vehicle Stored, 'garaged or 5 princip~liy used in the City. 8 Trailer perks and mobile home parks. 3.00 per trailer space Section 30: Delivery by Vehicle; Optional Rate-. Every 8 person not having a fixedplace of business within the City of Tustin, who delivers goods, wares or merchandise of any kind 9 by 'vehicle or who provides any service by the use of vehicles in the City of Tustin, shall pay a license tax of $25.00 per 10 vehicle7 provided that any such person may elect to pay a license tax measured by gross receipts from business done within 11 the City of Tustin, pursuant to the preceding provisions of this Section. Section 31: Enforcement. It shall be the duty of the 13 City Clerk and he is hereby directed to enforce each and all of the provisions of this Ordinance, and the .Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the City Clerk or the City Council- The City Clerk, in the exercise of the duties imposed 16 uoon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all 17 places of business in the City of Tustin to ascertain whether the provisions of this Ordinance have been complied with. 18 The City Clerk and each and all of his assistants and 19 any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business 20 required to be licensed herein, and demand an exhibition of its license certificate. ~ny person having such license certificate 21 theretofore issued in his possessmon or under his control who Willfully fails to exhibit the same on demand, shall be guilty of 22 a misdemeanor, and subject to the penalties provided for by'the provisions of this Ordinance. It shall be the duty of the City Clerk and each of his assistants, to cause a complaint to be filed against any and all persons found to be violating any of said provisions. Section 32: Remedies Cumulative- All remedies prescribed hereunder shall be cumu!a~ive and the use of one or more remedies ~.~ by the City of Tustin shall not bar the use of any other remedy ~or the purpose of enforcing the provisions hereof. a%~-~.~z_for Violation Any oerson violating Section 33: Pen .... ~ anyof the provisions of this Ordinance or knowingly or in~ention- ail.v misrepresenting to any'officer or employee of thi'S City any ~9 material fact mn procuring the license or permit herein provided for!,"..-shall be deemed guilty Of a misdemeanor, and upo~ conviction thereof shall be punishable by a fine of not more than. Five Hundred Dollars ($500.00) or by mmprisonment in jail for not 81 more. than six (6) months, or by both such fine and imprisonment- Section 34: Severability. If any section, subsection~ io5 1 sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional, by a decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of this City hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, 5 phrases or portions be declared invalid or unconstitutional. 6 Section 35: The City Council hereby finds and determines that the enactment of this Ordinance as an emergency, urgency 7 measure is required for the preservation of public health, and welfare, and this Ordinance shall go into effect immediately 8 upon publication. 9 PASSED AND ADOPTED by the City Council of the City of Tustin, California, at a regular meeting hereof, held on the 10 21st day of November, 1966. 11 12 MAYOR 14 ATTEST: 16 1~ ~CLERK 18 !9 80 lo6 STATE OF CALIFORNIA ) COUNTY OF OP~ANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regularly introduced and read at a regular meeting of the City Council held on the 21st day of November .... ~ 19'66 , and was given its second reading and duly passed and adopted at a regular meeting held on the 21st day of November , 196~..,by the following vote: AYES: COUNCILMEN: MACK~ KLINGELHOFER, MILLER, RING NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NO~ ABSTAINED: COUNCILMEN: COCO City Cle~k~kCity of Tustin~ California