HomeMy WebLinkAboutOrd 1990-2408 ORDINANCE NO. 2408
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5
AND SECTION 8.20.020 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING BUSINESS LICENSE TAX RATES
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Title 5 and Section 8.20.020 of the Chula Vista
Municipal is hereby amended as shown in Exhibit "A".
SECTION II: This ordinance shall be effective upon its second reading
and adoption.
Presented by Approved as to form by
vt C~ ~ ·
Ordinance No. 2408
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 25th day of October, 1990, by the following vote:
AYES: Councilmembers: McCandliss, Moore, Cox
NOES: Councilmembers: Malcolm, Nader
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
GregOry ~. CoN, May~r
ATTEST:
~Au~helet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, Ci~ Clerk of the Ci~ of Chula Vista, California, do
here~ certi~ that the foregoing Ordinance No. 2408 had its first reading on
October 16, 1990, and its second reading and adoption at a regular meeting of
he 2 th day o October, 1990.
said Ci~ Council held on t 5 f
Executed this 25th d~ of October, 1990.
everly~}Aut~elet, Ci~ Clerk
Title 5 Ordinance No. 2408
Page 3
BUSINESS LICENSES AND REGULATIONS
Chapters:
5,02 Business Ltcenses Generally,
5,04 License Taxes Generally,
5,06 Dovmto~n Improvement District Assessment Payments,
5.07 Raster Tax Service.
5,08 Advertising.
5.10 Ambulances.
5.12 Amusement Arcades,
5,13 Rental Businesses,
5.14 Art Ftgure Studios.
5.15 Automobiles for Hire.
5.18 BIlliards and Pool Halls.
5.20 Cardrooes.
5,22 CIrcuses, ShoWs, Concerts, and Spectal Events.
5.24 Nerchandtse Coupons.
5.26 Publtc Dances,
5.28 Firearms Sales.
5.30 Franchises.
5.32 Garage Sales,
5,34 Ranufacturers,
5.35 Bathhouses.
5,36 Rassage Parlors.
5.37 Narcotic or Drug Paraphernalia Shops.
5,38 Pawnbrokers, Secondhand and Junk Store Dealers.
5.40 Peddlers,
5.42 Professions.
5,44 Race Tracks,
5.46 Real Estate Salesmen.
5,48 Closing-Out Sales,
5.50 Trailer Parks,
5,52 Pay Television.
5.54 Taxicabs,
5.56 Tobacco and Weed Sales and Smoking.
5,58 Tow Trucks.
5,60 Vendlng, Weighing, Husfc, Amusement, Video Rachines.
5,62 Vendlng Vehicles.
5.63 Offsite Hultluser Hazardous Waste Facilities.
5.64 Consumer Commodities Price Rarktng.
NOTE: Footnotes are numbered throughout the text and are located
at the end of this title.
Ordinance No. 2408 "
Page 4 C. State the name of the owner of the business or enterprise;
D. Be signed by the applicant;
E. Shall contain, when intended as an application for a license as a
solicitor, peddler or transient merchant, the following information:
1. Physical description of applicant,
2. Complete permanent home and local address of the applicant,
3. If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship,
4. The source of supply of the goods or property or property proposed
to be sold, or orders taken for the sale thereof, where such goods
or products are located at the time such application is filed, and
the proposed method of delivery,
5. Two copies of a recent photograph of the applicant, such picture
being approximately two inches by two inches and showing the head
and shoulders of the applicant in a clear and distinguishing manner,
6. A statement as to whether or not the applicant has ever been
convicted of any felony and if so the nature of the offense,
7. The last cities, not to exceed three, where applicant cartie ' ~n
business immediately preceding the date of application and ,e
addresses from which such business was conducted in those cities,
8. At the time of filing the application, an additional fee as
presently designated, or as may in the future be amended, in the
Master Fee Schedule Section 5,02,040, shall be paid to the director
of finance to cover the cost of investigation of the facts stated
therein,
9. Where a written order or contract is used, the applicant shall
attach to the application one copy of the proposed form of all such
orders or contracts to be used or submitted to purchasers or
prospective purchasers within the city,
lO. At the time such application is filed, the applicant shall furnish
his fingerprints to the police department of this city.
d 7
(Ord. 1801 ~l (part), lg78; Or . 9 0 Sl (part), 1966; prior code ~18.4).
5.02.050 Issuance-Prerequisites and procedure generally.
Upon application therefor as provided in this chapter, it shall be the
duty of the finance officer to prepare and issue a license pursuant to this
chapter; provided however, that the finance officer shall not issue any such
license until it has been noted on the application therefor that the location
Ordinance No. 2408
Page 5
5.02.150 Change of location permitted when-Fee.
A change of locatton shall be allowed to the owner of any license under
the provision of this tttle and Sectton 8.20,020, upon the payment to the
director of finance a fee as presently designated, or as may in the future be
amended, tn the Master Fee Schedule Sectton 5,02,150 and upon the approval of
the dtrector of planning. (0rd. 1801 Sl (part), 1978; prior code S18.15).
5,02.150 Posting-Required.
All ltcenses tssued under the provtslons of this tttle and Section
8.20.020 shall be posted and kept in a conspicuous place at the place of
business of the ltcensee named therein during the period such licenses are in
force and effect, exce t as in the chapter otherwise specifically provided.
(Ord. 1801 ~1 (part), 1~8; prtor code ~18.29).
5.02.170 Exhibition on demand by police required.
Every ltcensee under the provisions of this title and Section 8.20.020
shall produce and exhibit the license issued to such ltcensee whenever
requested to do so by any police officer or firefighter or fire marshal of the
city. (Prior code S18.30).
5.02.180 Revocation-Criteria.
Every license tssued under and by vtrtue of the provisions of this tttle
and Section 8.20.020 shall be subject to revocation by the council, and such
revocation shall be based upon a failure to comply with any term or terms of
this 'th v to revocation, the
year t t n
director of finance finds that the basis for the teevocation has been
corrected or abated, the applicant may be granted a license if at least ninety
(90} have elapsed since the effective date of the revocation. (Ord. 2191 ~1
(part), 1987; Ord. 1801 Sl (part}, 1978; prior code S18.31).
5.02.190 Znterstate commerce Identification card requtred when-Application-
Contents-Fee.
None of the 11cense taxes provided for by this title and Section 8.20.020
shall be so applled as to occaston an undue burden upon interstate commerce
and no solicitors who are engaged tn interstate commerce shall be requtred to
obtatn a 11cense as requtred herein; provided however, that all solicitors as
defined in Section 5.02.010 are required to register with the chief of poltce
and to obtain an Identification card. Applicants for such pollce
identification cards shall be required to furntsh an application containing
the following tnfomatton:
Ordinance No. 2408
Page 6 A. Permanent home address and full local address of the applicant;
B. A brief description of the nature of the business and goods to be sold;
C. A photograph of the applicant, taken within sixty days immediately prior
to the date of the filing of the application, which picture shall be two
inches by two inches, showing the head and shoulders of the applicant in
a clear and distinguishing manner;
D. The fingerprints of the applicant;
E. A statement as to whether or not the applicant has ever been convicted of
any crime or misdemeanor, and if so, the details in general of such
convictions, and specifying the particular crimes or misdemeanors
involved and the dates and places of such convictions.
A fee as presently designated, or as may in the future be amended, in the
master fee schedule Section 5.02.1g0 shall be charged by the chief of police.
The identification card shall be valid for one year and a fee as presently
designated, or as may in the future be amended, in the master fee schedule
Section 5.02.1gO shall be charged for renewal. (0rd. lg61 § 1 (part), 1982;
Ord. 1801 §l (part), 1978; Ord. 970 §l (part), 1966; Ord. 942 §l (part), lg6S;
prior code S18.34).
5.02.200 Unlawful activities not authorized-Licensing prohibited.
This title and Section 8.20.020 shall never be construed or held as
licensing or permitting the carrying on of any unlawful trade, calling,
occupation, game or amusement, and every such trade, calling, occupation, game
or amusement is prohibited, and no license shall be granted or issued
therefor. (Ord. 1801 S1 (part), 1978; prior code S18.35).
5.02.210 Certain machines and contrivances-Licensing prohibited.
Nothing in this title and Section 8.20.020 shall permit or authorize the
issuance of a license for any machine or contrivance within the city, which is
prohibited under the provisions of Title g of this code. (0rd. 1801 ~l
d
(part), 1978; prior co e S18.36).
5.02.220 Specific provisions of chapter to control.
All specific provisions of this title and Section 8.20.020 shall control
over eneral provisions thereof. (0rd. 1801 § 1 (part), 1978; prior code §
18.37~.
Ordinance No. 2408
Page 7
5.02,230 Enforcement and inspection duty of police officers, firefighters,
and fire marshals.
All police officers, firefighters, and fire marshals of the city shall
have and exercise the power and duty:
A. To enter free of charge for inspection of licenses, at any time during
regular business hours, any place of business for which a license is
required by this chapter, and to demand the exhibition of such license
for the current term by any person engaged or employed in the transaction
of such business, all in accord with the right-of-entry provisions at
Section 1.16.OLD of this code and if such person shall then and there
h
fail to exhibit such license, such person shall ten be liable to the
penalty provided for a violation of this chapter;
B. To cause complaints to be filed in a court of competent Jurisdiction
against all persons violating any of the provisions of this chapter.
(Prior code S 18.38).
All police officers, of the city shall have and exercise the power and duty to
make arrests for violations of this chapter.
5.02,240 Failure to display license or receipt deemed violation.
Failure to display a license or receipt as provided in this title and
Section 8.20.020 shall constitute a violation of this chapter. (0rd. 1B01 § 1
(part), 197B; prior code § 18.72).
Ordinance No. 2408
Page 8
Chapter 5.04
LICEIISE FEES )Y
Sections:
5.04,010 Payment-Due when-Term-Delinquent when.
5.04.020 Payment-Quarterly 1 icerises-Method.
5.04,030 Collection of moneys.
5.04,040 License tax deemed debt to city-Actions for collection.
5.04.050 Assessment error not to prevent collection of tax.
5.04,060 Dupl Icate l icerises-Fee.
5.04.070 Payment-Waiver authorized when.
5.04,075 Promotional events and charitable organizations.
5.04.080 Penalties for failure to pay business license tax on or before
delinquency date.
5.04.090 Amounts and terms to be as provided in chapter-Rebates.
5.04.100 Disposition of funds collected.
5.04.110 Revocation of license-When.
5.04,120 Revocation of license-Notice required-Hearing.
5.04,130 Rates-Generally.
5.04,140 Rates-For businesses with fixed location in city.
5.04,150 Rates-For businesses with no fixed location in city.
5.04,160 Renewal procedure-Rates.
5.04.170 New businesses-Licensing procedure.
5.04,180 Records-Inspection required-Violation-Penalty.
5.04.01D Payment-Due when-Term-Delinquent when.
Except as otherwise provided in this code, all licenses shall be paid in
advance in lawful money of the United States, at the office of the director of
finance; provided, however, that the licenses required to be paid by the
provisions of this code shall be due and payable from and after the first day
of January of each year. Such licenses shall be delinquent thirty days after
the same are due and payable, except monthly or quarterly licenses which shall
be delinquent ten days after the same becomes due and payable. (Ord. 1801 S2
(part), 19781.
5.04.020 Payment-Quarterly licenses-Method.
The quarterly licenses provided in this title and Section 8.20.020 shall
be due and payable to the city on the first days of January, April, July and
October, in advance, and all such licenses shall expire with the last days of
14arch, June, September and December of each year; provided, however, that any
person desiring to do so may pay for and procure all four quarterly licenses
at the time the first quarterly license becomes due and payable under the
provisions of this code. (Ord. 1801S2 (part), 19781.
Ordinance No. 2408
Page 9
5.0e,030 Celiecttoa~fmoneys.
The director of fteance s~ll collect 811 moneys for such licenses.
(Ord. 1801 52 (part), 1978),
5.04.040 Llcense tax deemed debt to city-Actions for collection.
The aeount of any license tax imposed by thls title and Sectton 8.20.020
shall be deemed a debt to the city, and any person, or any person as agent,
clerk or employee, either for himself or for any other person transacting,
engaging in or carrying on any business, show, exhibition or game hereinafter
specified, without having a license from the city to do so, shall be liable to
an action in name of the city, in any court of competent Jurisdiction, for the
mount of the license tax by this title and by the section cited above
imposed. Court actions to collect license tax due are not limited to the
current year's tax, but may include any license tax that would have normally
been due during the preceding three years. (Ord. 1801 52 (part), 1978).
5.04.050 Assessment error not to prevent collection of tax.
In no event shall any mistake or error made by the director of finance in
stating the amount of a license provided in this title and Section 8.20.020
prevent the collection by the city of an amount that shall be actually due
from any person transacting or carrying on a business subject to a license
under this title and by the section cited above. (0rd. 1801 52 (part). 1978).
5.04.060 Duplicate licenses-Fee.
The director of finance shall charge a fee as presently designated, or as
may in the future be amended, in the Master Fee Schedule, Section 5.04,060 for
each duplicate of a license, issued under the provisions of this title and
Section 8.20.020 which has been lost or destroyed. (Ord. 1801 52 (part),
1978).
5.04.070 Payment-Waiver authorized when.
A. The council may at its option and good cause appearing therefor, waive
the payment of any license tax and/or fee imposed by this title for the
conducting or staging of any concert, exhibition, lecture or
entertainment the nature of which, in view of public morals and
well-being, meets with the approval of the chief of police and council,
and where the major portion of the net receipts, if any, derived
therefrom are to be used solely for charitable or benevolent purposes
within the city, and not for the purpose of private gain of any
individuals.
B. The council may at its option and good cause appearing therefor, waive
the payment of any license tax and/or fee requtred by this title to be
Ordinance No. 2408
Page 10
paid by any religious, charitable, fraternal, educational, military,
state, county or municipal organization for the conducting or staging of
aRY entertainment, dantern concert, exhibition or lecture, the nature of
which, in view of public morals and well-being meets with the approval of
the chief of police and the council, where the ma~or portion of the net
receipts, if any, derived from any of the same are to be used wholly for
the benefit of such organization and not for the purpose of private gain
of any individual.
C. In lieu of action by the city council as set forth in sections A and B
hereinabove, the city manager is hereby authorized to issue a waiver of
the payment of any license tax and/or fee imposed by this title and all
activities for which a business license would be required by the city,
when he has received evidence or other information which satisfies him
that the conditions set forth in sections A and B exist, except that the
city menager's approval may be substituted for that of the city council,
and when such application has received the written approval of the chief
of pol ice.
D. The applicant shall receive evidence of any such waiver granted under
sections A, B or C hereinabove in such form as the city manager may from
time to time determine. (0rd. 1801 S2 (part), 197B).
5.04.075 Proeottonal events and charitable organizations.
A. Notwithstanding any provision of this chapter to the contrary, the City
Council may waive the business license taxes and/or fees for those events
of not mere than three successive days that help to promote and publicize
the City of Chula Vista. In addition, the City Council may waive
business license taxes and/or fees for nonprofit or charitable
organizations.
B. For those events that the City Council does not waive business license
taxes pursuant to paragraph A above and the event is sponsored by a
nonprofit or charitable organization, the City Council may allow that
each participant obtain a temporary license for a tax as presently
designated, or as may in the future be amended, in the Master Tax
Schedule, Section 5.04.075. Participants will have a choice of paying
the event tax or obtaining an annual business license by paying the tax
established by Title 5.
(Ord. 2113 S1, 1985).
5.04.080 Penalties for failure to pay business license fee on or before
delinquency date.
A. For failure to pay a business license tax on or before the delinquency
date, the director of finance shall add a penalty of ten percent and
shall add an additional penalty of ten percent on the first day of each
Ordinance. No. 2408
Page 11
month thereafter; provided, that the amount of such penalty to be added
shall in no event exceed sixty percent of the bustness license tax to
which the penalty rates herein provtded for have been applied.
B. The director of finance for good cause may extend for not more than
thirty days the time for paying any sums required to be paid hereunder
provided a wrttten request therefor is filed with the dtrector of ftnance
prior to the delinquency date. (Ord. 1801 92 (part), lg78).
5,04.090 Pmmunts and terms tebe as provided tn chapter-Rebates.
No greater or lesser amount of money shall be charged or received for any
ltcense than is provided tn this tttle and Section 8.20.020, and no license
shall be sold or issued for any part of time other than is provided in this
title and the section cited above, and there shall be no rebate given for any
unused portion of the term except as in this title and the section cited above
otherwise specifically provided. (Ord. 1801 92 (part), 1978).
5.04.100 Disposition of funds collected.
All moneys collected under this title and Section 8.20.020 shall be
deposited in the general fund of the city by the director of finance. (Ord.
1801 92 (part), 1978).
5.04.110 Revocation of license-Nhen.
Any 11cense which is due and payable and has become delinquent shall
thereby be revoked without further action. No person shall engage in any
business subject to be licensed under this title and Section 8.20.020, after
such license has become delinquent.
5.04.120 Revocation of license-Notice required-Hearing.
The director of finance shall deliver a notice in writing either
personally or by mail to the person or business holding such license, stating
that he is recommending to the council the revocation of his license, and a
brief summary of the reasons therefor. Such notice shall contain the date,
time and place when each such recommendation shall be made to the council At
such time and place as stated in the notice the licensee may appear a~d be
heard by the council. In the event that the ltcensee appears and contests the
revocation, the council may set a time and place for hearing of such
recommendation for such revocation. At such time and place as set by the
council, hearing shall be had. The council shall rule upon such revocation
and may revoke the same and its decision shall be final. (Ord. 1801 S2
(part), 1978).
Ordinance No. 2408
Page 12
5.04.130 Rates-General 1 y.
The amount or rate of license taxes to be paid the city by any person,
for transacting, engaging in, conducting, or carrying on any business, show,
exhibition or game as specified tn this title and Section 8.20.020, shall be
.s°vided t. th,s title ..d the section cited above. 1801
8
5,04.140 Rates-For New businesses vtth ftxed locatton in ctty.
A. For every person transacting, engaging in, conducting or carrying on any
business within the city which business has a fixed location in and is
upon the tax rolls of the city, such person shall pay a business license
tax as follows:
B. Except as otherwise provided herein and specifically enumerated, the tax
shall be an amount as presently designated, or as may in the future be
amended, in the Master Tax Schedule, Section 5.04.140.
(Ord. 1801 92 (part), 1978).
5.04.150 Rates-For businesses with no fixed location in city,
Zn the event no fixed or establlshed place of bustness is maintained
within the city and except as otherwise provided herein and specifically _
enumerated, the tax shall be:
A. For wholesalers, an amount as presently designated, or as may in the
future be amended, in the Hastar Tax Schedule, Section 5.04.150;
B. For retail route deliveries and retail routemen, an amount as presently
desi nated, or as may in the future be amended, in the Master Tax
Schedule, Section 5.04.150;
C. For all other businesses, i ncl uding services, except as otherwise
provided herein and specifically enumerated, as presently designated, or
as may in the future be amended, in the Master Tax Schedule, Section
5.04,150. (Ord. 1801 92 (part), 1978).
5.04.160 Renewal procedure-Rates.
A. For every person operating any business classlfled under Sections
5.04,140 and 5.04.150, who is applying for a renewal of ltcense, such
licensee shall when applying p~y a license as presently designated, or as
may in the future be amended, in the Naster Tax Schedule, Section
5.04.160.
B. The provisions of this section do not apply to ltcenses due under Chapter
5.40 of this code, (Ord. 1801 92 (part}, 1978),
Ordinance No. 2408
Page 13
5.04.170 New businesses-Licensing procedure.
A. If any person commences a new business during the calendar year his
license shall be prorated on a quarterly prorata basis for the balance of
such calendar year.
B. The provisions of this section do not apply to licenses due under Chapter
5.40 of this code.
(Ord. 1801 S2 (part), 1978).
5.04.180 Records-Inspection required-Violation-Penalty.
In each and every instance where the amount of license tax to be paid by
any person shall be based upon the number of employees or the amount or number
of admissions, the ltcensee therein named shall on the request of the director
of finance then and there submit for inspection to the director of finance any
and all books, papers, accounts and records including state and federal income
tax returns, social security returns and state sales tax returns pertaining to
the business. The license as required in this title and Section 8.20,020, may .
be based upon the amounts indicated in such books, papers, accounts and
records. In the event a ltcensee fails to comply with the provisions of this
section, such ltcensee shall then be 1table to the penal provisions set forth
in Section 1.20,010, and shall be 1table for and shall pay an additional sum
in an amount equal to one hundred percent of the correct license fee, together
with the correct amount of such license fee as based upon the actual number of
employees for such business during the calendar year for which such license
was issued. (Ord. 1802 S2 (part), 1978).
Ordinance No. 2408 '
Page 14
Chapter 5.06
DOWNTOWN IMPROVEMENT DISTRICT
ASSESSMENT, PAYMENTS
~ecttons:
5.0~.020 Downtown Improvement Otstrtct Assessment.
5.06,030 Collection of additional assessment.
5.06.040 Exempt businesses or institutions.
5.06.050 Assessment for premises with multiple business licenses.
5.06,020 Downtown Improvement District Assessment,
An additional assessment is imposed upon businesses located within said
area. The additional assessn~ent shall be as follows:
A. Class A. Professions: accountant, anesthestologtst, architect,
appraiser, assayer, attorney, auditor, bacteriol ogtst, chemist,
chiropodist, chtropractor, consultant, dentist, medical doctor, engineer,
electrologist, entomologist, estheticJan, geologist, hypnotherapist,
oculist, optician, optometrist, osteopath, pharmacist, physical
therapist, physician, physiotherapist, psychiatrist, psychologist,
psychotherapist, podiatrist, real estate broker, real estate salesman,
roentgenologist, social worker, stock and bond broker, surgeon, surveyor,
taxidermist and veterinarian. Each professional working as a sole
practitioner shall pay as presently designated, or as may in the future '
be amended, in the Master Fee Schedule, Section 5.06.020.
B. Class B. All other businesses located within the downtown parking and
improvement area, known as the downtown business area, shall pay an
amount as presently designated, or as may in the future be amended, in
the Master Fee Schedule, Section 5.06.020.
Said additional Downtown Improvement District Assessment shall be
collected at the same time with the eneral business license tax. (Ord. 2030
S1, 1983; Ord. 1964 S3, 1982; Ord. ~885 S3, 1979; Ord. 1715 S1, Ord.
1976;
1658 S1, 1975; Ord. 1584 51, 1974; Ord. 1372 ~3, 1971),
5,06,030 Collection of additional assessment.
The collection of the Downtown Improvement District Assessment proposed
by virtue of this proceeding shall be made at the times set forth in this
chapter and/or Chapter 2.22 and in the same manner as the ordinary business
license tax of the city under the provisions of the Chula Vista Municipal
Code, and such assessment proposed to be imposed under this proceeding shall
be computed in the manner provided in the Chula Vista Master Fee Schedule for
each business. (Ord. 1964 ~4, 1982; Ord. 1885 S4, 1979; Ord. 1372 ~4, 1971),
Ordinance No. 2408
Page 1B
5.06,040 Exempt businesses or institutions.
The area within the district located south of H Street shall be subject
to a zero assessment and shall be exempt from any additional assessment.
S
(Ord. 1964 S5, 1982; Ord. 1885 S5, 197g; Ord. 1372 S , 1971). ·
5.06.050 Assessment for premises with multiple business licenses.
Zf mere than one buslness is being conducted at a single address and more
than one business llcense has been issued to the proprietor of a stngle
business premises, the assessment for the downtown improvement district shall
be levted set based on the bustness for which the htghest assessment would be
patd. (0rd. 1964 S6, 1982; 0rd. 1885 56, 1979; 0rd. 1372 56, 1971).
Ordinance No. 2408
Page 16
Chapter 5.07
MASTER TAX SCHEDULE
Sections:
5.07,010 New business - Applicable tax rates.
5.07,020 Applicable tax rates by year.
5.07,025 Maximum annual tax.
5.07.030 Master tax schedule.
5.07,010 New businesses - Applicable tax rates.
The applicable tax rate for a new business wfth 5 or fewer employees is
detatled tn Sect(on 5,04.140 (for general businesses wtth fixed locations tn
the Cfty); Section 5,34.020 {for manufacturers); or Sectton 5.42,010 (for
Professionals), except as otherwise provided for and specifically enumerated
tn the Master Tax Schedule, Sectton 5.07,030. Satd rate shall only be applied
in the first 11cense year of operation or part thereof, provided that if the
first license year is less than three months, new business rates shall also be
applied in the following l~cense year,
5.07.020 Applicable tax rates - by year.
A. 1991 Calendar year rates.
Effective January 1, lggl, the business l~cense tax rates shall be those
rates detailed in the Master Tax Schedule Section 5.07.030, ~n the
column thereof labeled "Tax Rate: 1/1/gl - 1~/31/g1".
B. lgg2 Calendar year rates.
Effective January 1, lg92, the business license tax rates shall be those
rates detailed in the Master Tax Schedule, Section 5.07.030, ~n the
column thereof labeled "Tax Rate: 1/1/92 - 12/31/g2".
C. lg93 Calendar year rates.
£ffect~ve January 1, lgg3, the business 11cense tax rates shall be those
rates detailed in the Master Tax Schedule, Section 5.07.030, in the
column thereof labeled "Tax Rate: 1/1/g3 - 12/31/93".
D. lgg4 and Subsequent Calendar Year Rates.
Effective January 1, 1994, and for each calendar year thereafter, all tax
rates for the categories of taxpayers detailed in the Master Tax
Schedule, Including both base tax rates and add-on tax rates (e.g., rates
per person, per-machine, etc.) shall be ~ncreased by six (6%) perceant
per year above the tax rates and add-on rates applicable tn the preceding
year.
Ordinance No. 2408
Page 17
E. Power to Abate in 1992 and thereafter to 1991 floor.
Notwithstanding anything else to the contrary in this section contained,
commencing for the 1992 calendar year and continuing thereafter, the City
Council is hereby authorized for no more than one calendar year, but is
not required, to lower the tax imposed by this section but to no less
than taxes imposed in the 1991 calendar year.
F. Procedure to Abate.
To lower the tax authorized by this section, the City Council shall
conduct a public hearing at which it publicly deliberates on the
advisability of doing so, notice which public hearing is published in a
newspaper of general circulation at least twice not sooner than 20 days
and not later than 5 days prior thereto, of its intent to deliberate upon
said matter. Failure to publish notice of the public hearing, as herein
required, shall not affect the right of the City Council to conduct the
;:222 .nd to reduce the .uthort,ed .nnu.1 rate of increase as
G. Nothing contained in this section shall affect the effective date of this
ordinance.
5.07.025 Maximum Annual Tax.
Effective January 1, 1991, the maximum annual business license tax paid
for any single business license shall not exceed $7,000.
Effective January 1, 1992, the maximum annual business license tax paid for
any single business license shall not exceed $12,000,
Effective January 1, 1993, the maximum annual business license tax paid for
any single business license shall not exceed $16,000,
Effective January 1, 1994, the maximum annual business license tax paid for
any single business license shall not exceed $20,000,
Effective January 1, 1995, and each calendar 'year thereafter the maximum
annual business license tax shall be increased by five percent (5%) per year
above the level set in January, 1994,
Ordinance No. 2408
Page 18
Ordinance No. 2408
Page 19
Ordinance No. 2408
Page 20
~i ....
Ord~ nance No. ?408
Page 21
Chapter 5.08
ADVERTZSZNG2
Sections:
5.08.010 DIstribution-Unlawful methods designated.
5.08.020 DIstribution-On residential property-Restrtctlons-Regtstratlon
required when.
5.08.030 DIsplay-Vehicles wfth commercial signs prohibited where.
5.08.040 DIsplay-Unlawful when.
5.08.050 DIs l~y-Permttted when.
5.08.060 Vto]~atlon of Sections 5,08.030 through 5.08.050-Penalty.
5.08.070 Loudspeaker or other public address system-LIcense required-
Tax-Exceptions.
5.08.080 Handbill or sample distribution-LIcense tax required.
5.08.090 BIllboards and btll posting-LIcense fee required-Exemptions.
5.08.100 Vehtcles primarily used for advertising purpose-Permit
required-Restrictions.
5.08.010 DIstribution-Unlawful methods designated.
It ~s unlawful for any person to distribute, scatter or dtspose of any
handbills or other prtnted or wrftten advertising matter tn the c~ty 1n the
following ways:
A. By handing any of the same to any person upon any street, alley or public
place, unless the person expresses a willingness or desire for the same;
B. By throwing, depositing, dropping, leavtng or posting any of the same
upon any street, alley or publlc place;
C. By throwing, depositing, leaving or posttng any of the same upon any
prtvate lawns, driveways, pubHc sidewalks or upon any vacant property,
unless at the ttme there be present a person who expresses a willingness
or destre for the same;
D. By throwing, depositing, droppfng, leavtng or posttng any commercial
handbills or adverthtng matter tn or upon any automobile or other
vehicle wtthout the consent of the owner or person tn charge thereof;
E. By throwing, dropping, casttng or dtstr~butfng or caustng or permitting
to be thrown, dropped, cast or distributed any handbill, dodger, poster,
circular, notice or other advertislng matter from any atrcraft while tn
~tght over the ctty.
(Prior code §3.1).
5.08.020 Dhtrtbuttng-On residential property-Restrictions-Registration
required when.
A. Zt ts unlawful for any person, firm or corporation, or any agent or
employee of any person, ftrm or corporation to throw tnto, leave upon or
Ordinance No. 2408 '
Page 22
5,08.060 VIolation of Secttons 5,08.030 through 5.08.050-Penalty,
A vlolatlon of any provision or the faflure to comply wtth any of the
requirements of Secttons 5,08.030 through 5.08,050 constitutes a misdemeanor,
Any person convicted of such violation or such failure shall be punishable by
a fine of not more than five hundred dollars or by Imprisonment In the county
Jat1 for a pertod of not more than slx months, or by both such f~ne and
Imprisonment. (Ord, 921 S1 (part), 1965; prlor code S3,3(D)),
5.08.070 Loudspeaker or other publlc address system-LIcense requfred-Tax-
Exceptions.
For the operation of any vehtcle containing ampllflers, phonograph,
loudspeaker, microphone, broadcasting, radto, or a devtce for public address,
and which ts used for announcing or advertising upon the publlc streets or
publtc grounds ~n the dry,. there shall be patd tn advance to the f~nance
officer of the ctty a l~cense tax as presently designated, or as nay In the
future be amended, tn the Master Tax Schedule, Sectton 5.08,070. All
religious and charitable organizations shall be exempt from payment of the
above 11cense tax and ~n 11eu thereof shall obtain a permit from the chief of
police. (Ord. 921S2 (part), 1965; prior code §3.4).
5.08.080 Handbt11 or sample dtstrfbutton-Ltcense tax required.
For every person conducting, managtng or carrying on the regular bu,"ss
of distributing advertising samples, handbills, dodgers or p, .ed
advertfsements of any k~nd or acting as an employee thereof, there shall be
paid tn advance to the d~rector of finance of the ctty a 11cense tax presently
designated, or as may tn the future be amended, In the Master Tax Schedule,
Section 5.08.080. (Ord. 1801 ~3, 1978; Ord. 921 ~2 (part), 1965; prior code
S3.5).
5.08.090 BIllboards and btll posting-LIcensing tax requtred-Exemptlons.
Every person conducting, carryfng on or operating the bustness of btll
posting or stgn advertising by means of billboards, or advertlstng signboards,
or advertising by means of posting, hangfng or othe~tse afftxtng or
displaying btll s, slgns or other advertlsements fn the ctty, shall pay a tax
presently designated, or as may tn the future be amended, tn the Master Tax
Schedule, Sectfon 5.08,090. However, nothing In thfs section contained shall
be deemed or construed to apply to owners of real estate, or other agents In
b
advertising thetr property for sale or lease by means of bill oards, or
advertising signboards located upon the property advertised for sale or lease
by such billboards or adverttslng signboards. (Prtor code §18.48),
Ordinance No. 2408
Page 23
5.08.100 Vehtcles prtmrtly used for advertising purpose-Permit required-
Restrictions.
It is unlawful for any person to operate or cause or permit to be
operated upon or along the streets of the city any vehicle used primarily for
advertising purposes unless the operator or owner of such vehicle shall have
first obtained a permit from the city engineer and then only on the days and
during the hours and along such route as shall have been designated in the
permit. The city engineer shall cause a copy of such permit to be filed in
the office of the chief of police. Such vehicles shall be prohibited in any
residential area subject to the restrictions set forth in Sections 5.08.030
through 5.08.060. (0rd. 973 S1 (part), 1966; prior code S19.16.3).
Ordinance No. 2408
Page 24
general partner; and if the applicant be a corporation, the address of
the corporation and the residence address of each one of its officers,
directors and stockholders;
C. The number of ambulances ~ctually owned and/or leased, and the number of
ambulances actually operated by such applicant on the date of
application, if any;
D. A description of each such ambulance, including the make, model, year of
manufacture, and license number by the state of California;
E. The location or station address of each such ambulance;
F, A photograph of each such ambulance, the photograph having dimensions of
at least eight inches by ten inches and showing a lengthwise view of such
ambulance;
G. A description of the proposed color scheme, insignia, trade style and/or
any other distinguishing characteristics of the proposed ambulance design;
H. Such other information as the council may, in its discretion, require.
(Ord. 886 §l (part), 1964; prior code §31.51.1).
5.10.040 Certificate-Investigation fee requfred.
Each application for a certificate shall be accompanied by ~""'~ee
presently designated, or as may in the future be amended, in the Mastt ee
Schedule, Section 5.10.040, to defray the cost of an investigation as required
herein. The fee is not refundable, whether a certificate is granted or
denied. No officer or agent of the city shall be required to commence an
investigation as required herein until said fee is paid. (Ord. BB6 §l (part),
1964; prior code §31.51.2).
5.10.050 Certificate-Granting by city council when-Public hearing.
No certificate shall be granted until the city council shall declare by
resolution that the public convenience and necessity require the proposed
ambulance service.
In determining whether the public convenience and necessity require the
operation of an ambulance or ambulances for which an application is made, the
council shall hold such public hearings as may be necessary to determine that
d 1
fact. (Ord. 886 S1 (part), 1964; prior co e S31.5.3).
5.10.060 Investigation-Criteria-Report required.
Before any application is acted upon, the chief administrative officer
shall cause an investigation to be made and shall report his findings in
writing to the council on the following:
Ordinance No. 2408
Page 25
5.10,190 Ambulance-Sale or transfer-issuance of new certificate when.
Nhenever an owner sells or transfers tttle to, or asstgns the lease of or
subleases an ambulance or ambulances, and wtthtn thirty days after such sale,
transfer, assignment or sublease, purchases or leases another ambulance or a
11ke number of other ambulances, then satd owner shall, as a matter of rtght,
upon wrftten application to the chtef administrative officer wtthfn thirty
days of such purchase or lease, be Issued a new certificate for the operation
of no greater number of ambulances than those operated prior to the sale,
transfer, assignment or sublease, and provtded satd owner has complied wlth
all the provisions of this chapter relattng to ambulances. (Ord. 886 Sl
(part), 1964; prtor code S31.54.1).
5.10,200 Ambulance-Destruction-Issuance of new certificate when.
Any owner whose ambulance or ambulances have been destroyed voluntarily
or otherwise, shall as a matter of right, upon written application to the
chief administrative offtcer within thtrty days after such destruction, and
upon satisfactory evidence presented therewith of such destruction, be Issued ·
a new certificate for the operation of no greater number of ambulances than
those operated prior to the destruction of any ambulance or ambulances,
provided said owner has complied wtth all the provisions of this chapter
relating to ambulances. (Ord. 886 ~1 (part), 1964; prior code ~31.54.2).
5.10,210 Report of changes affecting certification required when.
Every owner shall report any change in the information required by
Sections 5.10.020 through 5.10.070 hereof, to the City Nanager within five
days after the change has occurred. (Ord. 886 !l (part), 1964; prior code
~31.54.3).
5.10,220 Certificate-Surrender following suspension or revocation.
Whenever a certificate has been suspended or revoked by the city council,
the owner of the ambulance or ambulances for which such certificate was Issued
shall forthwith surrender such certificate to the City Nanager, and the
operation of such ambulance or ambulances shall cease. (Ord. 886 ~1 (part),
1964; prtor code S31.54.4).
5.10.230 LIcense tax.
Every person engaged In the occupation of drtvtng or serving as attendant
of any ambulance shall pay a 11cense tax as presently designated, or as may ~n
the future be amended, tn the Haster Tax Schedule, Section 5.10,230. (Ord.
886 S1 (part), 1964; prior code S31.55},
Ordinance No. 2408
Page 26
Chapter 5.12
AMUSEMENT ARCADES4
Sections:
S,lZ.010 Amusement arcades-License tax-Amusement arcade defined.
5.12.010 Amusement arcades-LIcense tax-Amusement arcade deftned.
A. Every person conducting, managing or carrying on the business of an
amusement arcade shall pay a tax as paresently designated, or as may be
in the future amended, in the Master Tax Schedule, Section 5.12.010.
Coin-operated machines available for use in such business establishment
shall be licensed in accordance with Sections 5.60,010 and 5.61.010.
B. For the purpose of this chapter, the term "amusement arcade" is defined
to be one general enclosure in which is conducted the business of
operating video machines, amusement machines, music machines, rending
machines and pinball machines for a money consideration.
(Ord. 1801S4, 1978; prior code S18.67).
Ordinance No. 2408
Page 27
Chapter 5.13
RENTAL, BUSINESSES
Sections:
S.13.010 Rental businesses-License tax.
5.13.010 Rental businesses-LIcense tax.
Every person conducting, menagtng or carrytrig on a rental bus~ness ~n
wh$ch residential untts located on one parcel or on contiguous parcels of land
are offered for rent or lease shall pay a tax presently designated, or as may
tn the future be amended, tn the Master Tax Schedule, Sectton 5.13.010. (Ord.
1801 S5, 1978).
Ordinance No. 2408
Page 28
or a gratuity, for the right or opportunity so to depict the model,
or for admission tom or for permission to remain upon, or as a
condition of remaining upon the premises;
2. Any premises where there is conducted the business of furnishing or
providing or procuring for a fee or other consideration or
compensation or gratuity, models to be photographed in the nude.
(Drd. 1402 Sl (part), 1972; prior code S5.602).
5.14.030 Permit-Required for operation-Fees-Renewal.
A. Each application for operating a studio shall be accompanied by a fee as
presently designated or as may in the future be amended in the Master Fee
Schedule, Section 5.14.030, to defray the cost of an investigation. The
fee is not refundable whether a permit is granted or denied. No person
shall operate a studio without first paying a business license tax as
presently dest nated, or as may in the future be amended, in the Master
Tax Schedule, 2;ction 5.14.030.
B. No person shall operate a studio without paying a renewal permit tax as
presently designated, or as may in the future be amended, in the Master
Tax Schedule, Section 5.14.030.
(Ord. 1402 Sl (part), 1972; prior code §5.603).
5.14.040 Permtt-Zssuance prerequisites.
A. No studio permit shall be issued except upon a finding by the chief of
police that the studio is proposed to be operated for the purpose of
providing facilities for use by persons pursutng a course of study,
including the artistic hotographic portrayal of the nude human form, and
by persons who engage ~n artistic photographic portrayal as a means of
1 i vel i hood.
B. No studio permit shall be issued to any person under eighteen years of
~V ~.or to a corporation, any of whose officers are under eighteen years
C. No studio permit shall be issued upon a finding that the applicant is not
of good moral character. Anyone convicted of a morals offense shall be
deemed not to be of good moral character for the purposes of this section.
(Ord. 1402 Sl (part), 1972; prior code ~5.604).
5.14.050 Permit-Not required when.
No permit shall be required for any studio which ts operated by the
University of California, or any state college or public Junior college, or
where the chief of police is furnished satisfactory evidence that the person,
firm, association, partnership or corporation operating it has met the
Ordinance No. 2408
Page 29
requirements establhhed tn Dhtston 21 of the Education Code for the fssuance
or conferring of, and Is tn fact authorized thereunder to issue and confer a
diploma or honorary diploma. (Ord. 1402 S2 (part), 1972; prior code S5.605).
5.14,060 Nodels-Permtt required-Fee.
No person shall be employed as a model of a studio, required to be
11cansad pursuant to this chapter, without first obtaining a pemtt from the
chief of pol ice. Each application for a pemtt shall be accompanied by a
nonrefundable fee as presently designated, or as may In the future be amended,
tn the 14aster Fee Schedule, Section 5.14.060, to defray the cost of
investigation. A permit to act as a model tn an art figure studio does not
authorize the operation of such a studlo. (Ord. 1402 91 (part), 1972; prior
code ~5.606).
5,14.070 Permit-Application required-Contents.
Any applicant for a ltcense or permit under this chapter shall submlt the
following information:
A. The full name and present address of applicant;
B. The previous addresses of applicant, if any, for a period of five years
tnanedtately prior to the date of the application and the dates of
residence at each;
C. Written statements of at least five bona fide adult persons who may be
easily and conveniently contacted, that the appllcant is of good moral
character;
D. Written proof that the applicant is over the age of eighteen years;
E. Appltcant's height, weight, color of eyes and hair;
F. Two recent portrait photographs at least two tnches by two inches taken
within the last six months;
G. Business, occupation or employment history of the applicant for the five
years ~,~nedtately preceding the date of the application;
H. The business Itcense or permit hlstory of the applicant; whether such
person, in previously operating tn this or another city or state under
license or permit, has had such license or permit suspended or revoked,
the reason therefor, and the business activity or occupation subsequent
to such suspension or revocation;
Z. All arrests and/or convictions except minor traffic offenses with a full
explanation of the circumstances therefor;
J. Applicant shall be required to furnish his fingerprints;
Ordinance No. 2408 -
Page 30
Chapter 5,15
AUTOMOBILES FOR HIRE
Sections:
5.15.010 License-Tax Pequfred,
5.15.020 Def(ntttons.
5.15.030 insurance requlred.
5.15.040 Application for 11cense.
5.15.050 Rates of fare.
5.15.060 Information cards-DIsplay required-Where.
5.15.070 Hatntenance.
5.15.080 Operating regulatfons.
5.15.090 Drtvers-Lfcenses.
5.15.100 Exceptions to provlstons.
5.15.010 LIcense-Tax required.
Every person conducting, managing, or operatlng a bustness tn whfch an
automobile for hire ts used shall pay a 11cense tax as presently designated,
or as may fn the future be amended, tn the Master Tax Schedule, Section
5.15.010 for each such automobile for hire. (Ord. 2003 ~1 (part), 1982; Ord.
1741Sl (part). 1977).
5.15.020 Definitions. '
For the purposes of thts chapter, unless otherwise expressly stated, the
following words and phrases shall have the meantrigs respectively ascrtbed to
them by this sectlon:
A. "Automobile for htre" means every automobile or motor-propelled vehicle
used for the transportation of those stck, fnvaltd or handicapped persons
who do not require emergency care or spectal life-supporting equipment
over the publlc streets of the ctty, and not over a deftned route, and
trrespectfve of whether the operations extend beyond the boundary 1tries
of the c~ty, and such vehicle ts routed under the direction of such
passenger or passengers, or of such persons htrtng the same.
B. "Driver" means every person tn charge of or operatfn9 any passenger-
carrylng, or motor-propelled vehicle, either as agent, employee, or
othe~fse, of the owner, as owner, or under the direction of the o~ner.
C. "O~ner" means every person, ftrm or corporatlon having use or control of
any passenger-carrying automobile or motor-propelled vehicle, whether as
owner, lessee or otherwise.
D. "Person" means any individual, partnership, association. corporation or
other organization o~ntng. operating or proposing to operate any
automobfle for htre w thtn the city.
Ordinance No. 2408
Page 31
of public safety of the city a true and correct statement of the rates to
be charged for the transportation of passengers in any and all
automobiles for hire operated by the owner.
B. Identification Cards. There shall be displayed in the passenger
compartment of each automobile for hire in full view of the passengers a
card not less than four inches by six inches in size, which shall have
plainly printed thereon the name of the owner, or the fictitious name
under which the owner operates, the business address and telephone number
of the owner, and a correct schedule of the rates to be charged for
conveyance in the vehicle.
(Ord. 2003 S1 (part), 1982; Ord. 1741 $1 (part), 1977).
5.15.060 Information cards-Display required-Where.
Each automobile for hire licensed to operate in this city shall have
located in a convenient place in the driver's compartment and in view of the
passenger therein two containers of type and design approved by the director
of public safety. Such containers shall contain cards provided by the
director of public safety bearing the following information:
A. One such container shall have a card therein bearing:
1. The permit number issued for each individual automobile for hire
licensed to operate in the city;
2. The name of the company to whom it is issued;
3. The date of issuance;
4. The state license plate number and engine number of the automobile
for hire displaying same.
B. One such container shall have a card therein bearing:
l. The name and residence address of such driver;
2. The name of the company employing such driver;
3. A small photograph of such driver.
(Ord. 2003 S1 (part), 1982; Ord. 1741 S1 (part), 1977).
5.15.070 Maintenance.
The Poltce Chief of the city shall have the right, at any time after
displaying proper identification, to enter into or upon any certiflcated
automobile for hire for the purpose of ascertaining whether or not any of the
provisions of this chapter are being violated. Any automobile for hire which
ts found, after such inspection, to be unsafe or in any way unsuitable for
automobile-for-hire service may be Immediately ordered out of service, and
before again being placed in service shall be placed in safe condition. For
Ordinance No. 2408
Page 32
the purposes of this section, no automobile shall be considered safe, adequate
or mechanically sound which is older than ten years, counting the year of
chassis manufacture as the first year. (Ord. 2003 Sl (part), 1982; Ord. 1741
Sl (part), 1977).
5.15.080 Operating regulations.
A, Every driver shall upon demand give a correct receipt upon payment of the
correct fare.
B. It is unlawful for any person to refuse to pay the lawful fare of any
automobile for hire after employing or hiring the same, and any person
who hires such vehicle with intent to defraud the person from whom it is
hired is guilty of a misdemeanor.
C. The driver of any automobile for hire shall promptly obey all lawful
orders or instructions of any police officer or fireman.
D. It is unlawful for any automobile for hire to remain standing on any
public street in the city, except when enabling passengers to load or
unload.
E. It is unlawful for any person, either as owner, driver or agent, to
approach and solicit patronage upon the streets, sidewalks, in any
theater, hall or hotel
(Ord. 1741 !l (part), 1977).
5.15.090 Drivers-Licenses.
A. It is unlawful for any person to drive or operate any automobile for hire
without such person first obtaining a permit in writing to do so from the
Police Chief.
B. It is unlawful for any person to employ as a driver or operator of any
automobile for hire without such person first obtaining a permit in
writing to do so from the Police Chief.
C. The appltcation for a permit shall be accompanied by a fee as presently
designated, or as may in the future be amended, in the Naster Fee
Schedule, Section 5.15.090.
D. No permit shall be issued to any of the following persons:
1. Any person under the age of eighteen years;
2. Any person who has been convicted of either driving a vehicle upon
the highway while under the influence of an intoxicating liquor or
under the influence of narcotics, or reckless driving, unless two
years have elapsed since his discharge from a penal institution or
after having been placed upon probation during which period of time
his record is good.
Ordinance No. 2408
Page 33
E. The Police Chief may revoke or refuse to renew an operator's license if
the driver or applicant has, since the granting of his permit:
1. Been convicted of a felony;
2. Had his state driver's license revoked or suspended;
3. Been convicted of driving while under the influence of intoxicating
liquors;
4. Been convicted of driving while under the influence of narcotics;
5. During any continuous six-month period had three or more
convictions of any of the offenses set forth in Sections 23152,
23103, 23104, 22350, 22351 and/or 22352 of the Vehicle Code of the
state, and amendments thereto, or any combination of either or any
of said offenses;
6. When for any reason, including, or other than, those set forth in
this section, in the opinion of the director of public safety, the
applicant is unfit to drive an automobile for hire.
F. Any person whose operatorms permit has been denied, revoked, or renewal
refused by the director of public safety may within ten days after
receipt of notice thereof appeal to the council for a hearing thereon,
which hearing shall be granted. The decision of the council in this
regard shall be final. If no appeal is taken within ten days, the action
of the director of public safety shall be final.
(Ord. 2003 S1 (part), 1982; Ord. 1741Sl (part), 1977).
5.15.100 Exceptions to provisions.
The provisions of this chapter shall not apply to any vehicle operated by
any person or transportation company under the Jurisdiction of the public
utilities commission of the state. (Ord. 1741 S1 (part), 1977).
Ordinance No. 2408
Page 34
Chapter 5.18
BILLIARDS, BOWLXNG AND POOL HALLS7
Sections:
5.18.020 Pool and btlltard halls-License required-Tax.
5.18.030 License receipt to be attached to all licensed equipment.
5.18.040 Pool and billlard halls-Partitions of rooms prohibited.
5.18.050 Pool and billlard halls-Gambling prohibited.
5.18.060 Pool and billlard halls-Players may decide payment of game fee.
5.18.070 Pool and btlltard hall s-Hours premises to be closed.
5.18.080 Pool and btlltard halls-Boisterous language and intoxicated
ersons prohibited.
5.18.090 Fool and billlard halls-License required.
5.18.100 Pool and billlard halls-Petition for license required-Contents.
5.18.020 Pool and btlltard halls-License required-Fees.
Every person conducting, managing, or carrying on the business of a pool
hall or billlard hall, or maintaining any premises wherein pool or billlard
tables or pinball machines are maintained for the amusement of the public,
shall pay a license tax as presently designated, or as may in the future be
amended, in the Haster Tax Schedule, Section 5.18.020. Coin operated machines
available for use in such business establishment shall be licensed in
accordance with Sections 5.60.010 and 5.61.010. (Ord. 1433 Sl, 1972; p~or
code S18.66).
5.18.030 License receipt to be attached to all licensed equipment.
The director of finance shall issue a receipt for each separate pool
table, billlard table, card table license or pinball machine as in this
chapter required, and such receipt shall be attached to such pool table,
billlard table, card table or pinball machine, and preserved thereon during
the full term for which such receipt was issued. (Ord. 1801 ~6, 1978; Ord.
1433 S2, lg72; prior code ~18.71).
5.18.040 Pool and btlltard halls-Partitions of roems prohibited.
No room used as a licensed poolroom or btlltard room shall have any door
or opening into any other room, and no partition of any kind or description
shall be placed, kept or maintained in such poolroom or billlard room.
(Prior code ~24.1).
5,18,050 Pool and btlltard halls-Gambling prohibited.
It is unlawful for the proprietor, manager or agent of such proprietor to
permit any gambling of any kind or character to be carried on in such poolroom
Ordinance No. 2408
Page 35
Chapter 5.20
CARDROOMSB
Sections:
5.20.010 Cardroom-Defined
5.20.020 Llcense-Required-Issurance to person under certain age
prohibited.
5.20.030 Llcense-NunVaer permitted and transferability.
5.20.035 License-Limitations on interest.
5.20.040 LIcense-Initial issuance procedure.
5.20.050 License Tax and attaching of receipts.
5.20.060 License-Applications required-Contents-Issuance prerequisites.
5.20.070 Work permits required-Application contents-Investigation fee
5.20.080 Identttftcatton d ~ worn.
5.20.090 License-Grounds for revocation.
5.20.100 Rules and Regualtions generally.
5.20.120 Hours and d~s of operation.
5.20.130 Drinking of intoxicating beverages prohibited.
5.20.140 Minors prohibited from patronage or employment.
5.20.150 Maximum number of players per table.
5.20.160 Maximum number of tables on premises-Arrangement.
5.20.170 Supervision of gam playing.
5.20.180 Bets and wagers permitted when.
5.20.190 Charges for game playing-Maximum designated.
5.20.200 Signs to be posted in cardroom-Contents
5.20.210 License-Revocation criteria.
5.20.220 License-Additional grounds for revocation.
5.20.010 Cardroom-Defined.
For the purpose of this chapter, a "cardroom" is defined to be any space,
room or enclosure furnished or equipped with a table used or intended to be
used as a card table for the playing of cards and similar games, and the use
of which is available to the public. (Ord. 2112 S1, 1985; Ord. 1305 S2
(part), 1970; prior code ~9.101).
5.20.020 License-Required-Issuance to person under certain age prohibited.
It is unlawful for any person, for himself or for any other person, firm
or corporation, to engage in or carry on, or to maintain or conduct, or cause
to be engaged in, carried on, maintained or conducted, any cardroom in the
city without first having secured a license from said city so to do, according
to each and every requirement of this chapter or without complying with each
and every regulation pertaining to such cardroom. It is unlawful for any
person to maintain or operate any card table in connection with any cigar
store, pool or billlard hall or any other business, or a room in which card
tables are maintained in the city without such person first having obtained
Ordinance No. 2408
Page 36
from the council a license authorizing such person to maintain and operate
such card table or tables or card table business. No license shall be
issuedto any person under the age of twenty-one years. (0rd. 1305 92 (part),
1970; prior code 99.102{1)).
5.20.030 License-Number permtttod and transferability.
The number of ltcenses authorized for issuance under the provisions of
this chapter shall be limited, based upon the population of the city as shown
upon the populatlon certified by the state Department of Finance. The number
so authorized shall be one per forty thousand residents or any fraction
thereof. All such licenses shall be issued tn accordance with the provisions
of this chapter; provided, however, those persons holdfng a ltcense to conduct
cardroom operation upon the effective date of this section may continue to
hold such licenses subject to the revocation provisions set forth in this
chapter. An license issued pursuant to this chapter may be transferred upon
the approva~ of the chief of police' to a person meeting all of the
requirements for the tnttial Issuance of such a cardroom ltcense, subject to
the ratification of the city counctl; provided, however, that with the
exception of those ltcenses which have been issued prior to the effective date
of the ordinance set forth in this section and Section 5.20.040, no ltcense
may be so transferred unless the holder thereof has been operating a cardroom
for three years at a fixed location in the city. (0rd. 2347 Sl, 1990; 0rd.
2150 91 (part), 1986; 0rd. 1738 91 (part), 1977; 0rd. 1305 S2 (part), 1970;
prior code 99.102(2)).
5.20.035 Consolidation - Permitted.
Notwithstanding the provisions of Section 5.20.160 regarding the maximum
number of tables on premises, a person having an interest or holding a license
to any cardroom in the city may apply for an additional available license in
accordance with the procedures set forth in this chapter. Zf such application
is granted, the maximum number of tables ermttted in the consolidation of
three cardrooms is sixteen, (16). The max[;um number of tables permitted in
the consolidation of four cardrooms is twenty (20).
Consolidation occurs whenever a cardroom ltcensee or a person having a
financial interest in a cardroom obtains a license to operate an additional
cardroom. (0rd. 2364 91, 1990; 0rd. 2347 91, 1990; 0rd. 2015 91 (part), 1982).
5.20.040 LIcense-Initial issuance procedure.
Except for existing licensees as set forth in Section 5.20.030, all
applicants for available llcenses shall comply with the provisions of this
chapter. Any applicants requesting a ltcense as permitted in Section 5.20.030
shall pay a nonrefundable fee as presently designated. or as may in the future
4 to cover the cost of
be amended, in the Master Fee Schedule, Section 5.20.0 O.
investigation. No applicant requesting a ltcense pursuant to this section may
have any financial or other interest as set forth in Section 5.20.035 in
Ordinance No. 2408
Page 37
.ny o,her .ppltc.ttonobtet. . c.rdroom license. Each
application shall bee and unassoctated with any other
application being submitted for the purpose of obtaining such a 11cense. The
initial period for tssuance of new cardroom licenses shall be the month of
Nay, 1977, and in the month of May in subsequent years should there be
additional licenses available. After the termination of the open period in
May, no further licenses shall be issued until the succeeding open period. Zn
the event that there are applfcattons in excess of the number of lfcenses
available in accordance with the llmltettons set forth in Section 5.20.030,
based upon population, the director of publtc safety shall conduct a public
lottery to select those applicants who shall be investigated to determine tf
they are qualified to be issued any available cardroom licenses as approved by
the director of public safety, subject to ratification of the ctty council.
Upon the issuance of available cardroom licenses, the director of public
safety shall authorize the refund of any application fee to any persons who
were not subject to tnvestt attons. (Ord. 2015 S1 (part), 1982; 0rd. 1961 S1
(part), 1982; Ord. 1738 S1 ~art), 1977; Ord. 1305 S2 (part), 1970; prior code
S9.102(3}).
5.20.050 Ltcense-Tax-Zssuance and attaching of recefpts.
The llcense tax for maintaining or operating any card teble or card teble
business in the city ts payable quarterly in advance and fixed at a sum as
presently designated, or as may in the future be amended, tn the Master Tax
Schedule, Section 5.20.050. The city finance officer shall issue a receipt
for each separate card teble license as in this section required, and such
receipt shall be attached to such card teble and r~eserved thereon during the
full term for which such receipt was issued. rd. 1305 S2 (part), 1970;
prior code S9.102(4)).
5.20.060 Ltcense-AppHcatton requlred-Contents-Zssuance prerequisites,
An applicant for a cardroom license shall submit his application to the
chief of police, which application shall be under oath, and shall include,
among other things, the true names and addresses of all persons financially
interested in the business. The past criminal record, if any, of all persons
financially or otherwise fnterested in the business shall be shown on such
application. The term "persons financially interested" shall include all
persons who share in the profits of the business, on the basis of gross or net
revenue, Includtng landlords, lessors, lessees, the owner or owners of the
building, fixtures or equipment. The application shall al so be accompanied by
fingerprints of persons financially triterested. The chief of police may deny
any applicant for a cardroom license a license to operate such cardroom when,
h
tn the opinion of the chief of police, t ere appears to be good cause why such
erson should not operate a cardroom. (Ord. 1969 Sl (part), 1982; Ord. 1305
~2 (part), 1970; prior code S9,102(5)).
Ordinance No. 2408
Page 38
5.20.070 Work permits requtred-Ap ltcatton contents-Investigation fee-
Issuance-Period of altdVty. v
A. The manager of a cardroom, if he is other than the person or persons
whose names appear on the application for the cardroom license, must
obtain a work permit from the chief of police. He shall submit his
application for such work permit to the chief of pollce, which
application shall be under oath and shall include, among other things,
the past criminal record, if any, of the applicant and shall be
accompanied by the fingerprints of the applicant. An application for a
manager work permit shall be accompanied by a fee or a renewal fee as
presently designated, or as may in the future be amended in the Master
Fee Schedule, Section B.20.070. The work permit, when issued, shall be
valid for one year. The chief of police may deny such work permit, if,
in his opinion, the applicant therefor should not be permitted to act as
manager in lieu of management by the licensee of the cardroom.
B. Employees in cardrooms must obtain a work permit from the chief of
police. Applications for such work permits shall be submitted under oath
and contain such information as may be deemed by the chief of police to
be necessary to determine whether the applicant is a proper person to be
employed in a cardroom. The chief of police may deny such work permit
if, in his opinion, the applicant therefor should not be permitted to be
employed in a cardroom. Each application for a work permit shall be
accompanied by a fee, or renewal fee, as presently designated, or as may
in the future be amended, in the Master Fee Schedule, Section B.20.070.
(Ord. 1969 )1 (part), d ~9~ ~a
1976; Ord. 1305 S2 (part), 1970; prior code §9.102(6)).
5.20.080 Identification badges to be worn.
Every manager and employee of a cardroom licensed according to the
provisions of this chapter shall, at all times when present in such cardrooms,
wear an identification badge containing his photograph, age, address and
description of such individual. (Ord. 200~ S1, 1982; Ord. 130S §2 (part),
1970; prior code ~g.102(7)).
5.20.090 License-Grounds for revocation.
Licenses for cardrooms may be revoked in the manner and for the reasons
set forth in Section 5.02.180 et seq. of this code and for the further reason
consisting of a violation of any of the provisions of this chapter, or for
a11owtng persons other than those named in the application on ftle with the
city council to own an interest in or have direct management of such cardroom;
provided however, that direct management of such cardroom may be accomplished
by the employment of a manager pursuant to the provisions of Section 5.20.070;
for maintaining a greater number of tables than the number set forth in the
Ordinance No. 2408
Page 39
Chapter 5.22
Sections:
5,22.010 License tax required.
5.22.020 Bond required.
5.22.010 Ltcense tax required.
A. Every person conducting, managing, carrying on or operating a circus,
concert, carnival, or other similar exhibition, or special event, shall
pa~ a license tax as presently designated, or as may in the future be
amended, in the Master Tax Schedule, Section 5.22.010. The license tax
in this section provided shall be in addition to all other fees due and
payable to the city as presently dest nated, or as may in the future be
mended, in the Hastar Fee Schedule. tPrior code ~18.51).
B. Notwithstanding any provision of this chapter to the contrary, the City
Council may waive the business license taxes and/or fees for those events
of not more than three successive days that help to promote and publicize
the City of Chula Vista. Zn addition, the City Council may waive
business license taxes and/or for nonprofit or charitable organizations.
C. For those events that the City Council does not waive business license
taxes pursuant to paragraph A above and the event is sponsored by a
nonprofit or charitable organization, the City Council may allow that
each participant obtain a temporary license for a tax as presently
designated, or as may in the future be amended, in the Master Tax
Schedule, Section 5.04.075. Participants will have a choice of paying
the event tax or obtaining an annual business license at the tax
established by Title 5. (Ord. 2113 ~l, 1985).
5.22.020 Bond required.
Every person conducting, managing or carrying on any theater, show,
exhibition, circus, carnival, wrestling match, boxing match, dancing or other
amusement for which an admission fee is charged, collected or received, in any
tent or temporary place of business, shall deposit with the finance officer a
cash bond in the amount of two thousand dollars or a bond in a like amount
issued by a surety company authorized by laws of the state to issue such bond,
for the faithful performance of the provisions of this chapter, and all other
provisions of other ordinances in force and effect in the city. The aforesaid
bond will only be required to be posted by the aforesaid businesses when such
business is to be conducted for a period less than thirty days. (Prior code
S18.70).
Ordinance No. 2408
Page 40
Chapter 5.26
PUBLIC DANCESll
Sections:
5.26.010 Definitions.
5.26.020 License-Required.
5.26.030 License-Application and investigation fee required.
5.26.040 License-Investigation requirements 9erierally.
5.26.050 License-Report of investigation and reco~nendattons.
5.26.060 License-Fire hazard investigation required.
License-Issuance-Appeal and public hear n9 of disallowed
5.26.070 i
license.
5.26.080 LIcense-Tax.
5.26.090 LIcense-Compliance with code requtred for granting.
5.26.110 Ltcense-Scope-Nontransferable and not assignable.
5.26.120 License-Suspension or revocation authorized when-Procedure.
5.26.130 License or permit-Grounds for forfeiture-Effect.
5.26.140 Attendance prohibited to certain persons.
5.26.150 O~ner or manager-Responsibility for proper control.
5.26.160 Certain conduct prohibited.
5.26.170 Ovmer or manager-Duty to matntetn good condition of premlses.
5.26.180 Employment of dance partners prohibited.
5.26.190 Age mtsrepresentetton of patrons prehtbtted when.
5.26.200 Smoking while dancing prohibited.
5.26.210 Closing hours and hours of operation.
5.26.220 Female employees-Certetn activities prohibited.
5.26.230 Density requirement of premises location.
5.26.240 Youth dances-Put ose and intent of provisions-Definitions.
5.26.250 Youth dances-Applicability of provisions-Exceptions.
5.26.260 Youth dances-Pemtt and approval required.
5.26.270 Youth dances-Permlt classifications.
5.26.280 Youth dances-Appl tcatton for pemtt-Contents.
5.26.290 Youth dances-Taxes for pemtts-Refunds.
5.26.300 Youth dances-Grounds for suspension or revocation of permit.
5.26.310 Youth dances-Use of alcoholic beverages or narcotics
prohibited.
5.26.320 Youth dances-Police and supervisory personnel to be present
when.
5.26.330 Youth dances-Conduct and dress to be wtthtn certain standards.
5.26.340 Youth dances-Off-street parking and parking supervision
required.
5.26.350 Youth dances-Closing hours and hours of operation.
5.26.360 Youth dances-Reentertng not permitted.
5.26.370 Youth dances,Loitering about premises deemed misdemeanor.
5.26.380 Youth dances'Adequate ltghttng designated.
5.26.390 Youth dances-Rule and regulation adoption authority.
5.26.400 Youth dances-Access for enforcement personnel authorized.
5.26.410 Youth dances-FInancial report required.
5.26.420 Youth dances-Posting of provisions and permlt required.
5.26.430 VIolation-Penalty.
Ordinance No. 2408
Page 41
5.26.010 Definitions.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectlvely ascribed to them by this section:
A. "Intoxlcattng liquor" means and is deftned as any liquid containing more
than one-half of one percent of alcohol by volume and which is fit or
suitable for beverage purposes;
B, "Public dance" means any dance conducted in any place in connection with
a business for profit.
(Prior code $11.1).
5.26.020 LIcense-Required.
Zt ts unlawful for any person to operate a public dance, as defined by
Section 5.26.010, wtthout obtaining a ltcense as required by this chapter.
(Prior code Sll.2).
5.26.030 L1cense-Appllcatton and investigation fee required.
A. All applications for licenses to be issued pursuant to this chapter shall
be filed with the clerk of the clty and shall be accompanied by an
investigation fee as presently designated, or as may in the future be
amended, in the Master Fee Schedule, Section 5.26.030.
B. A plicatlons for licenses under this chapter shall be on such forms as
small be prescribed by the city clerk and be
shall in duplicate, and
shall set forth in addltton to other things the name of the person to
have direct management of the premises, the post offtce address of the
applicant and the name of the real person in interest, and the name of
the owner of the premises upon ~hich the business licensed is to be
carried on.
C. All applications for licenses shall be sworn to by the applicant.
(Prior code Sll.3).
5.26.040 L~cense-Znvesttgatton requlrements generally.
Immediately upon receipt of any application for Hcense under th~s
chapter, one copy of the application shall be immediately referred to the
chief of police, who shall proceed to investigate the character of the
applicant, of the person ~ho is to have dtrect management of the premises, and
Of the person or persons who have anY fnterest in such business; he shall also
tnvestlgate the character of the premises proposed to be licensed, and the
propr e of the .se of s.chfor the co.d.ct of the b.s .ess proposed
to be licensed. (Prior code 11
Ordinance No. 2408
Page 42
5.26.050 License-Report of investigation and reco,enendattons.
Within thirty days after receipt of any such application, the chief of
poltce shall file wtth the ct.ty clerk a report tn wrlttng concerning the
result of hts Investigation, together wtth hts recommendation as to the
allowance or disallowance of the ltcense applted for. (Prtor code 511.5).
5.26.060 LIcense-Fire hazard investigation required.
The fire chief shall conduct or cause to be conducted an investigation of
the premtses 1denttried tn the application for any fire hazards which might
arise tf such application fs granted. The ftre chief shall submtt his report
as to ~hether such premises can safely be used without any hazard arfstng
because of fire to the chtef of police. Zn the event that the fire chtef's
report indicates that the premises may not safely be used for dancing because
of the fire hazard, no further action shall be taken unttl the conditions
creating the hazard have been corrected. (Ord. 1170 S1 (part}, 1969; prtor
code Sll.6).
5.26.070 Lfcense-Zssuance-Appeal and publlc hearing of dfsalloved license.
The finance offlcer shall, after receipt of the recommendation of the
chief of police, allow or disallow the ltcense applied for, and tf said
recommendation ts favorable, the ftnance offlcer shall forthwith tssue the
license upon the payment of the license fee heretnafter provfded. Zr"'he
event that the chief of poltce shall present an adverse recommendatto~
consideration by the ftnance offtcer, and said 11cense shall be disallowed,
the applicant may appeal satd recommendation to the city counctl within ten
days of receipt of wrttten nottce by the finance officer that the application
for said license has been disallowed. Upon receipt of said appeal, the ctty
clerk shall set the appeal for public hearing in accordance wtth Sectton 6060
et seq. of the Government Code of the state of California. (Ord. 1170
(part), 1969; prior code Sll.7).
5.26.080 LIcense-Tax.
The tax for licenses issued pursuant to the terms of this chapter shall
be a sum as presently designated, or as may in the future be amended, in the
Naster Tax Schedule, Section 5.26.080, (Prior code Sll.8).
5.26.090 LIcense-Compliance wfth code required for grenttng.
No 11cense shall be granted under the provisions of this chapter unless
the place ~n which such publlc dance shall be held shall conform to and comply
with the provisions of this code and other regulations of the city, (Prior
code §11.9).
Ordinance No. 2408
5.26,260 Youth dances-Permit and approval required, Page 43
A. In add~tton to any other permlt or license required by law or this code,
ttts unlawful for any person to conduct or sponsor any youth dance tn
the ctty except tn accordance wtth the terms of this chapter and after
obtaining a permtt therefor as provided tn this chapter.
B. It ts unlawful for any adult sponsoring group to conduct a youth dance
unless such adult sponsoring group has been approved by the chief of
police and has assumed full and complete responstbtllty for the event,
tts direction and fees and taxes.
(Ord. 1672 $2 (part), 1976).
5.26,270 Youth dances-Permit classifications,
The following classes of youth dance permits may be issued by the pollce
department:
A. Adult sponsoring group permits tnclude:
1. A Class A permit which ts Issued by the chief of police for a
period of one calendar year. This permit may be tssued only to
those adult sponsoring groups which present evidence of an
~ntentton to actively carry out the objectives of thelr
organization on a permanent or long-range basts.
2. A Class B permit whtch is issued for one day or one night only.
The permit may be Issued by the chief of police to sponsoring
groups which have been organized for a limited objective and a
short pertod of t~me.
(Ord. 1672 S2 (part), 1976).
5.26,280 Youth dances-Application for permit-Contents.
An application for permit shall be made to the chtef of poltce upon a
form prescrlbed by the police department. The application shall be ftled not
less than fifteen days prtor to the scheduled date of the youth dance. The
application shall contatn the following:
A. The names and addresses of the applicant or applicants;
B. The date upon which the dance ts to be held or, tn the case of a Class A
permtt, the approxfmate number of dances held and the dates thereof;
C. The approximate attendance expected at these dances;
D. The names, addresses and telephone numbers of all chaperones or
supervisors as may be requtred by thts chapter. 1n the event the permit
ts to be tssued for more than one dance, the applicant shall provfde at
Ordinance No. 2408 '
Page 44
least five days prior to the dance such names, addresses and telephune
numbers of chaperones or supervisors who will be in attendance at the
dances if any changes occur from those chaperones or supervisors
originally submitted;
E. Class of permit and facts upon which applicant bases his request for the
class of permit applied for;
F. A statement of disbursement of proceeds or profits indicating percentage
to be given to youth activities;
G. A statement regarding the place or premises where the youth dance is to
be held and containing the following information:
1. That the premises are reasonably adequate to hold the dance and
comply with the provisions of this chapter,
2. That the premises do not violate any ordinance of the city or law
of the state relating to health, safety and fire,
3. The maximum number of persons that can be safely accommodated on
the premises,
4. That the premises are designed in such a manner and supervision
will be provided so as to comply with all requirements of this
chapter. _
The application shall be signed under penalty of perjury ano oe
accompanied by the applicable fee. The application m be signed by any
member of the adult sponsoring group. (Ord. 1672 S2 (parta~, 1976).
5.26.290 Youth dances-Taxes for permits-Refunds.
The taxes for permits issued under this chapter shall be payable to the
police department in advance, and for the several classes of permits provided
in this chapter, the taxes shall be as presently designated, or as may in the
future be amended, in the Master Fee Schedule, Section 5.26.290.
In the event that the application is denied or the permit is revoked, no
part of the applicable fee shall be refunded. (Ord. 1672 S2 (part), 1976).
5.26,300 Youth dances-Grounds for suspension or revocation of permit.
Any permit may be revoked or suspended by the chief of police upon any of
the following grounds:
A. The misrepresentation of a material fact in the application for a permit
by an applicant or by the holder of a permit;
B. The violation of any provision of this chapter by the holder of a permit;
Ordinance No. 2408
Page 45
Chapter 5.32
GARAGE SALES14
Sections:
5.32,010 Intent and purpose of provisions.
5.32.020 Definitions.
5.32.030 Regulations generally-License required-Application
contente-Fee.
5.32,040 Prohibited items.
5.32.050 Advertising signs permitted when.
5.32,010 Intent and purpose of provisions.
It is the intent and purpose of the city council, in adopting this
chapter, to regulate those activities which, in the most technical sense have
business or commercial characteristics but which, because of the manner in
which they are conducted or the purposes for which they are being operated,
are truly noncommercial in nature. Said regulations are intended to prevent
the expansion of such noncommercial operations into truly commercial
operations and to re9ulate the method of conducting the activity so that it
will be confined to a noncommercial type of operation. It is the purpose of
this chapter to prevent such activities from unfairly competing with licensed
revenue-producing commercial and business enterprises; to prevent the conduct
of commercial enterprises upon other than commercially zoned property; and to
curb the evasion of business license taxes. (Ord. 1218 Sl (part), 196g;
prior code S18.301).
5.32.020 Definitions.
A. "Garage sale," for the purposes of this section, means a sale conducted
by an individual homeowner, apartment dweller or occupant of a dwelling
unit, for the purpose of disposing of unwanted or surplus household
furnishings or other personalty, usually conducted in a garage in a
residential zone and for which no inventory is kept and no sales tax is
paid on the transactions thus carried out. It may, at times, be
conducted by a combination of residential dwellers at a single location,
and may take on the nature and character of a rummage sale or
fund-raising event for civic or charitable purposes. Said garage sales
shall not extend be ond a period of ten calendar das for any one sale.
The term "garage sa~e" is not limited to sales conducted in the garage,
but encompasses household sales conducted on any portion of the premises.
(Ord. 2049 S1, 1983; Ord. 155g Sl (part), 1974; Ord. 1404 il (part), 1972;
0
Ord. 1218 S1 (part), 1969; prior code S18.3 2).
5.32.030 Regulations generally-License required-Application contents.
Any resident or group of residents, organization or club of the city may
conduct a garage sale, as defined herein; provided, however, that a license
Ordinance No. 2408 '
Page 46
shall first have been obtained from the city. There shall be no tax for a
garage sale license obtained prior to the sale. If the license is not
obtained prior to the sale, the license tax shall be as presently designated,
or as may in the future be amended, in the Naster Fee Schedule, Section
5.32.030.
The application for the license shall request the following information:
A. The name and address of the person or persons wishing to hold the garage
sale;
B. The location where the sale shall be conducted, including a general
dest nation of the area of the premises where the actual sale is to be
carr?ed out;
C. A general description of the property offered for sale;
D. The dates and time period when the sale shall be conducted;
E. An affidavit or declaration, under penalty of perjury, that the person or
persons conducting the sale are the owners of the property offered for
sale; that all of the goods are secondhand; and that no more than one
previous such garage sale has been held within the calendar year.
No more than two garage sales may be conducted by the same person or
persons, or at the same place within the same calendar year. A garage sale
license shall be limited to a period of ten consecutive days per sale, "~ll
personairy and furnishings must be the property of those conducting the e,
and must be used goods. The license may be secured either at the office of
the director of finance, or by telephoning the director of finance who will
mail the appropriate form to the party so requesting, and who shall, in turn,
mail the completed application back to the office of the director of finance.
(Ord. 2049 S2, 1983; Ord. 1801 S7, 1978; Ord. 1559 ~l (part), 1974; Ord.
1404 §l (part), 1972; Ord. 1218 ~l (part), 1969; prior code )18.303 (part)).
5.32.040 Prohibited items.
It is unlawful for any person to exchange, barter, trade or sell at a
garage sale the following items of personal property:
Firearms, ammunition, explosives, animals and livestock, any item of
personal property from which the serial number or identifying number has
been removed, and any and all other items of personal property which may
be prohtbfted from being exchanged, battered, traded or sold by ordinance
or resolution of the city, the county of San Diego, or the state of
California.
(Ord. 1559 §l (part), 1974; Ord. 1404 ~l (part), 1972; Ord. 1218 ~l (part),
1969; prior code 918.303 (part)).
Ordinance No. 2408
Page 47
Chapter 5.34
NANUFACTURERS15
Sections:
5.34.010 Manufacture defined,
5.34.020 License tax required-Rate,
5.34.010 Manufacture deftned.
Manufacture is defined as the transforming of raw material s into some
kind of a finished product or article of trade and not including building or
outdoor structures. (Prior code S18.60).
5.34.020 Ltcense tax required-Rate.
Every person conducting, managing, carrying on or engaged in any
business, the majority of which consists of manufacturing as defined in the
Vreceding section shall pa a license tax aS resently designated, or as may
n the future be amended, ~n the Naster Fee Schedule, Section 5.34.020. ( rd.
0
1801S8, 1978; prior code S18.61).
Ordinance No. 2408
Page 48
Chapter 5.35
BATHHOUSES
Sec tt ons:
5.35.101 Definitions.
5.35,102 Ucense Required.
5.35.103 Application for License or Renewal.
5.35,104 Application for a Bathhouse Ltcense.
5.35.105 Annual Ltcense Applications and Taxes.
5.35,106 Facfitttes Necessary.
5,35,107 Operating Requirements.
5.35.108 Issuance of L~cense for Bathhouse.
5.35.109 Regtster to be Hathrained.
5.35.110 Employment of Persons Under the Age of Etghteen Years
Prohibited.
5.35,111 Sale or Transfer.
5.35.112 Name and Place of Business - Change of Location.
5.35,113 Datly Register.
5.35.114 Locked Cubicle, Room, Booth, etc.
5.35.115 Prtvate Rooms.
5.35.116 Honttortng and Expulsion of Customers.
5.35.117 Dtsplay of Ltcense.
5.35.118 Inspections.
5.35.119 License Not Transferable.
5.35.120 Unlawful Activities -Publtc Nuisance.
5.35,121 Health and Sanitation Requirements and Regulations.
5.35.122 VIolations.
5.35.123 Dental, Suspension or Revocation of License.
5.35.101 Definitions.
Whenever in this Chapter the following words or phrases are used, they
shall mean:
A. 'Bathhouse" shall mean any establishment having a fixed place of business
where any person engages in, conducts, or carries on any business of
providing Turkish, Russian, Swedish, Finnish, not air, vapor, electric
cabinet, steam sweat, mineral, salt, sauna, fomentation, alcohol, shower,
tub or sponge baths, soaking facilities such as a spa, or baths of any
kind whatsoever. Any establishment carrying on or permitting any
combination of massage and bathhouse shall be deemed a massage
establishment and not a bathhouse. "Bathhouse" shall not include
hospitals, nursing homes, sanitariums, or establishments where a person
provides baths pursuant to his or her unrevoked certificate to practice
the healing arts under the laws of the State of California. "Bathhouse"
shall not include hotels, motels, and similar lodging establishments.
"Bathhouse" shall not include establishments primarily providing physical
fitness services, except where cubicles, rooms , or booths are provided
for use by individual patrons of such establishments.
Ordinance No. 2408
Page 49
B. "Person" shall mean any natural person, firm, association, club,
organization, partnership, business trust, corporation, company, or any
other entity whatsoever which is recognized by law as the subject of
rights of duties. (Ord. 2256 S1 1988).
5.35.102 Ltcense Required.
it shall be unlawful for any person to operate, matntatn or keep in the
ctty any bathhouse without an annual license therefor issued by the Police
Chief. The license, or any renewal thereof, m&y be denied if the bathhouse
operation as proposed does not comply with the provisions of this chapter,
regulations adopted pursuant to this chapter, and all other applicable laws,
including, but not limited to, applicable building and fire codes. (Ord. 2256
S1 1988).
5.35.103 Application for Ltcense or Renewal.
Any person desiring a ltcense or renewal thereof re utred by thts chapter
shall make application to the Poltce Chtef. (Ord. 2256 ~q988).
5.35.104 Application for a Bathhouse Llcense.
The application for a 11cense to operate a bathhouse shall set forth the
exact nature of the baths to be administered, the proposed place of business
and faclltttes therefor, and the name and address of each applicant. In
additton to the foregoing, any applicant for a bathhouse 11cense shall furntsh
the following tnfomation.
A. The two prevtous addresses immediately prtor to the present address of
applicant.
B. Wrttten proof that the appllcant is over the age of 18 years.
C. Applicant's height, wetght, color of eyes and hair.
D. Two portratt photographs at least 2" x 2".
E. Business, occupation, or omploament of the applicant for the three years
1mediarely preceding the date of the appl tcatton.
F. The bathhouse or stmllar buslness 11cense hfstory of the applicant;
~/nether such person, in previously operating tn thts or another county or
state under 11cense, has had such license revoked or suspended, the
reason therefor, and the business acttvity or occupatlon subsequent to
such actton of suspension or revocation.
G. All crtmtnal convictions except mtnor traffic violations.
Ordinance No. 2408
Page 50
H. Such other identification and information necessary to discover the truth
of the matters heroinbefore specified as required to be set forth in the
application.
I. Nothing contained heroin shall be construed to deny to the Police Chief
the right to take fingerprints and additional photographs of the
applicant, nor shall anything contained heroin be construed to deny the
right of said Director to confirm the height and weight of the applicant.
If the applicant is a corporation, the name of the corporation shall be
set forth exactly as shown in its articles of incorporation; the names
and residence addresses of each of the officers, directors and each
stockholder owning more than lO percent of the stock of the corporation.
If the applicant is a partnership, the application shall set forth the
name and residence address of each of the partners, including limited
partners. (Ord. 2256 Sl lgBB).
5,35,105 Annual License Applications and Taxes.
A. An application for operating a bathhouse must be submitted annually, and
shall be accompanied by a non-refunable fee as presently designated or as
may in the future be amended in the Master Fee Schedule, Section
5.35,105, to defray the costs of an investigation. No person shall
operate a bathhouse without first paying a business license tax as
presently designated, or as may in the future be amended, in the Master
Fee Schedule, Section 5.35.105.
B, No person shall operate a bathhouse without paying a renewal license tax
as presently designated, or may in the future be amended, in the Master
Tax Schedule, Section 5,35.105.
5.35.106 Facilities Necessary.
No permit to conduct a bathhouse shall be issued unless an inspection by
the Police Chief and the Health Officer reveals that the establishment
complies with each of the following minimum requirements:
A. Construction of rooms used for toilets, tubs, steam baths, and showers
shall be made waterproof with approved waterproof materials.
1. For toilet rooms, toilet room vestibules and rooms containing
bathtubs, there shall be a waterproof floor covering, which will be
carried up all walls to a height of at least six inches. Floor
shall be covered up on base with at least 3/4 inch cover. The
walls of all toilet rooms and rooms containing bathtubs shall be
finished to a height of six feet from a smooth, nonabsorbant finish
surface of Keene cement, tile, or similar material.
2. Steam rooms and shower compartments shall have approved waterproof
floors, walls and ceilings.
244
(R 5/91)
Ordinance No. 2408
Page 51
B. All employees shall be clean and wear outer garments, whose use is
restricted to the bathhouse. Provision for separate dressing rooms for
each sex must be available on the premises, with Individual lockers for
each employee. Doors to such dressing rooms shall open inward and shall
be self-closing.
C. All bathhouses shall be provided with clean laundered sheets and towels
in sufficient quantities and shall be laundered between consecutive uses
thereof and stored in an approved sanitary manner. No towels or sheets
shall be laundered or dried in any public bathhouse unless such
establishment is provided with approved laundry facilities for such
D. Wet and dry heat rooms, shower compartments, and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs shall
be thoroughly cleaned after each use.
E. Provide educational programs for patrons in accordance with standards
romulgated by the Health Officer in consultation with the San Diego
~egional Task Force on AIOS. (Ord. 2256 Sl 1988).
5.35.108 Zssuance of License for Bathhouse.
The Police Chief shall issue a Bathhouse License if all the requirements
for a bathhouse described in this chapter are met and shall issue a license to
any person who has applied for a permit to operate a bathhouse unless the
0irector finds:
A. That the operation as proposed by the applicant, if permitted, would not
comply with all applicable laws.
B. That the applicant or any other person who will be directly engaged in
the management and operation of a public bathhouse has been convicted of:
1. An offense involving conduct which required registration pursuant
to Section 290 of the Penal Code.
2. An offense involving the use of force and violence upon the person
of another that amounts to a felony.
3. An offense involving sexual misconduct with children.
4. An offense as defined under Sections 311,647, subdivision (a),
647a, 315, 316, or 318 of the Penal Code of the State of Callfornia.
5. The Chief shall disregard any conviction mentioned in subsections
(a), (b), (c) or (d) of this section if he finds that the applicant
has fully completed any sentence imposed because of such conviction
and has fully complied with any conditions imposed because of such
Ordinance No. 2408 '
Page 52
conviction, which conviction has occurred at least three years
prior to the date of application and the applicant has not
subsequently been convicted of any of the crimes herein mentioned.
(Ord. 2256 91 1988).
5.35.109 Register to be Maintained.
l~e operator of a bathhouse must maintain a register of all persons
employed as an employee of a bathhouse, which register shall be available for
inspection at all times during regular business hours. The register shall
contain the 1
fo 1owing information for each employee:
A. Name and residence address.
B. Social Security number and driver's license number, if any.
C. Employee's height, weight, color of eyes and hair.
O. Written evidence that the employee is over the age of 18 years.
E. Business, occupation or employment of the employee for the three years
inmnediately preceding the date of beginning employment with the bathhouse.
F. The Police Chief shall have the right to take fingerprint and photographs
of an employee and the right to confirm the information contained in the
register. (Ord. 2256 91 1988). ~-
5.35.110 Employment of Persons Under the Age of Eighteen Years Prohibited.
It shall be unlawful for the owner, proprietor, manager or any other
person in charge of any bathhouse to employ any person under the age of 18
years. (Ord. 2256 91 1988).
5.35.111 Sale or Transfer.
Upon sale, transfer or relocatton of a bathhouse, the license therefor
shall be null and void. (Ord. 2256 91 1988).
5.35.112 Name and Place of Business - Change of Location.
No person granted a license pursuant to this chapter shall operate under
any name or conduct his or her business under any designation or in any
location not specified in his or her permit. (Ord. 2256 91 1988).
Ordinance No. 2408
Page 53
B. The bathhouse operator shall immediately expel from the premises any and
all persons observed causing the maximum occupancy requirements of this
chapter to be violated, any and all persons committing any crime on the
premises, or any and all persons engaged in high risk sexual activity on
the premises. For the purposes of this chapter, "high risk sexual
activity" shall mean:
1. the placing of the male penis on or into the anus, vagina or mouth
of another person;
2. The placing of the mouth of one person on the anus, vagina or penis
of another person;
3. The contact of feces or urine of one person with any part of the
body of another person; or,
4. The entry of any part of the body of one person into the anus or
vagina of another person. (0rd. 2256 91 1988).
5.35.117 Display of License.
Every person to whom or for whom a license shall have been granted
pursuant to the provisions of this chapter shall display said permit in a
conspicuous place in the bathhouse so that the same may be readily seen by
persons entering the premises. (Ord, 2256 Sl 1988),
5.35.118 Inspections.
The Police Chief and the Health Officer shall from time to time, and at
least once a month, make an inspection of each bathhouse for the purpose of
determining that the provisions of this chapter are complied with, (Ord. 2256
91 1988),
5.35.119 License Not Transferable.
No bathhouse license shall be transferred from person to person or from
one locatton to another. (Ord, 2256 91 1988).
5.35.120 Unlawful Activities-Public Nuisance.
It shall be unlawful for any person to give or administer any bath or
baths as defined herein, or to give or administer any of the other things
mentioned in this chapter, which violate the provisions of this chapter or the
regulations adopted pursuant to this chapter or which violate any state or
local laws or ordinances. A violation of this provision shall be deemed
grounds or revocation of the l~Ycense granted hereunder.
Ordinance No. 2408
Page 54
Any bathhouse operated, conducted or maintelned contrary to the
provisions of Section 5.35.116 shall be and the same is hereby declared to be
unlawful and a public nuisance; and the City Attorney may immediately commence
action or proceedings for the abaten~nt and removal and enJoinment thereof in
any manner provided by law. The remedies provided for herein shall be
cumulative, and not exclusive of any other remedies, civil or criminal,
provided by law.
5.35.121 Health and Sanitation Requireeents and Regulations.
Every bathhouse shall be maintained and operated tn a clean and sanitary
manner. All bathhouses shall comply with all applicable building, health,
zoning and fire laws of the City of Chula Vista, In addition, the Director
and the Health Officer may, after a noticed public hearing, adopted and
enforce reasonable rules and regulations not in conflict with, but to carry
out, the intent of this chapter. All bathhouse operators holding a valid
shall be given written notice of the public hearing, including a copy of the
proposed regulations, at least ten days prior to the date of the hearing. In
addition, notice of the public hearing and a summary of the proposed
regulations shall be published in an appropriate newspaper of general
circulation one time at least ten days prior to the public hearing. The rules
and regu1 ations shall include reasonable requirements to protect the health
and safety of bathhouse patrons, including reasonably necessary requirements
for educational programs and other measures for the prevention and control of
the spread of Acquired Immune Deficiency Syndrome (AIDS) and other infectious
or communicable diseases. (Ord. 2256 Sl 1988).
5.35.122 Violations.
Every person who violates any provision of this chapter is guilty of an
infraction. (Ord. 2256 Sl 1988).
5.35.123 Denial, Suspension or Revocation of License.
Any license issued pursuant to this chapter may be suspended or revoked
by the Police Chief on proof of violation by the permittee of any provisions
of state law, this chapter, City ordinances or any rule or regulation adopted
and approved pursuant to Section 5.35.121, or in any case where the Police
Chief, on the advice of the Health Officer, determines the bathhouse is being
managed, conducted, or maintained without regard for the public health, or the
health of patrons or customers, or without due regard to proper sanitation or
hygiene. Where a license is denied or a license renewal is denied, or where a
d the Police Clef, such denial, suspension,
license is suspended or revoke by h
or revocation may be appealed by the license applicant or ltcensee in
accordance with the provisions Of Sections 5.36.240 through 5.36.320. Zn the
event such provisions are utilized, the Police Chtef is authorized to take the
actions therein required or authorized of the City Nanager.
Ordinance No. 2408
Page 55
Chapter 5.36
MASSAGE PARLORS16
Sections:
5.36,010 Title for citation.
5.36.020 Purpose and intent of provisions.
5.36.030 Definitions.
5.36.040 Rules of construction of provlsions-Ltablltty-Scope-Compltance
required.
5.36,050 LIcense-Required.
5.36,060 Technician-Permit-Required.
5.36.070 Exceptions to applicability.
5.36.075 Massage Technician-Operating Requirements.
5.36,080 License-Application-Investigation fee required.
5.36.08l License Tax Required-Rate
5.36,090 Technician-Permit-Application-Investigation fee.
5.36.108 License or permit-Application-Contents required.
5.36.110 Facilities-Required generally.
5.36,120 Facilities-Existing establtshents-Compltance required-Tie
limit.
5.36.130 License or permit-Issuance prerequisites-Appeal of denial-
Transferability.
5.36.140 Permit-Display required.
5.36.150 Name of business.
- 5.36,160 Change of location-Fee required.
5.36.170 Sale or transfer of business-Effect-Fee for transfer of
interest.
5.36.180 Employment of persons not possessing permits prohibited.
r
5.36,190 Reco ds of treatment to be kept-Conftdenttaltty required-
Disclosure deemed misdemeanor-Penalty.
5.36.200 Inspection required four times per year.
5.36.210 Off-premises massages-Permitted when.
5.36.220 Applicability of provisions.
5.36,230 License or permit-Grounds for suspension or revocation.
5.36,240 License or permit-Suspension, revocation or denial-Public
hearing.
5.36.250 Hearing-Notice required.
5.36.260 Hearing-Procedure generally.
5.36,270 Hearing-Rules of evidence.
5.36.280 Hearing-Decision of determination.
5.36,290 Effect of decision stayed when.
5.36.300 Nearing-Not required when-Effect.
5.36.310 Appeal-Petition required.
5.36.320 Appeal-Public hearing-Notice-Effect of decision.
5.36,330 VIolation-Penalty.
5.36.010 Title for citation.
This chapter may be cited as the "Chula Vista massage establishment
ordinance." (Ord. 1312 S2 (part), 1970; prior code S9.30).
Ordinance No. 2408
Page 56
I. "Holtsttc Health Practitioner" shall mean non-medical health care
therapists that use a massage speciality and therapeutic approach to
caring for clients and who present to the Police Chief proof of
satisfactory completion of 1,OOO hours of instruction in such specialty
or therapeutic approach at a school with a State approved curriculum and
proof of membership in a State or nationally chartered organization
devoted to the specialty or therapeutic approach. The practice of such
health care therapists, in addition to massage therapy, must include
nutritional assistance, exercise programs and counseling that is directed
toward health care.
"Specified Anatomical Areas" shall mean pubic re ion, human genitals,
perineum, anus and the areola and nipple of the female breast.
(Ord. 2307 S1 (part) 1989; Ord. 2256 S2 1988; Ord. 1312 )2 (part), 1970|
prior code ~9.33).
5.36.040 Rules of construction of provisions-LIability-Scope-Compliance
required.
This chapter shall be construed liberally in order to effectuate its
purposes. Unless otherwise specifically prescribed in this chapter, the
following provisions shall govern its interpretation and construction:
A. When not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
B. Time is of the essence in this chapter. No 1 icense or permit holder
shall be relieved of his obligation to comply promptly with any provision
of this chapter b any failure of city to enforce prompt compliance with
any of its prov s~ons.
t
C. Any right or power conferred or duty imposed upon any officer, employee,
department or board of city is subject to transfer by operation of law to
any other officer, employee, department or board of city.
D. No license or permit holder shall have any recourse whatsoever against
city for any loss, cost, expense or damage arising out of any provision
or requirement of this chapter or the enforcement thereof.
E. This chapter does not relieve any license or permit holder or of any
requirement of the city Charter or of any ordinance, rule, regulation or
specification of city.
F. No license or permit holder possessing such a license or permit as of the
effective date of this chapter shall be relieved of his obligation to
comply fully with the provisions of this chapter within the reasonable
h
time establis ed heroin.
(Ord. 1312 S2 (part), 1970; prior code S9.32).
Ordinance No. 2408
Pa e 57
any task or service associated with the operation of a massage bus~ness,
unless the massage technician is fully covered from a point not to exceed
four (4} inches above the center of the kneecap to the base of the neck,
excluding the arms, with the following exceptions: shorts may be worn so
long as they extend down the leg a minimum of three (3) inches from the
crotch and the body above that point is fully covered to the base of the
neck, excluding the arms. The covering, which includes trousers, pants
or shorts, will be of opaque material and will be maintained in a clean
and sanitary condition.
C. No massage technician, while performing any task or service associated
with the business of massage, shall massage or intentionally touch the
specified anatomical areas of another person. (Ord. 2307 S3 1989).
5.36.080 Ltcense-Appltcatton-Znvesttgatton fee required.
Any person desiring to obtain a ltcense to operate a massage
establishment shall make an application to the city manager. A nonrefundable
fee as presently designated, or as may in the future be amended, in the Master
Fee Schedule, Section 5,36.080, to cover the cost of an investigation, shall
accompany the submission of each application. The fee required by this
section shall not be required for an application to renew a license granted
pursuant to this chapter; provided however, any establishment licensed prior
to the effective date of this chapter which was not subject to investigation
and re oft by the chief of police shall be required to pay said fee and said
~nvest~gatlon h 1
s al be undertaken at the time a license renewal is requested.
Said application tax shall be in addition to any 1 icerise, permit or fee
required under any provisions of this code, (0rd. 1312 S2 (part), 1970;
prior code S9,37),
5.36.081 License tax required-Rate
Every person operating a massage establishment shall pay a license tax in
an amount as presently designated, or as may in the future be amended, in the
Naster Tax Schedule, Section 5.36.081.
5.36.090 Techntctan-Permlt-Appltcatton-Znvesttgatlon fee.
AnY person desiring to obtain a permit to act as a massage technician
shall make an application to the city manager. A nonrefundable fee as
presently designated, or as may In the future be amended, in the Master Fee
Schedule, Sectlon 5.36.090 shall accompany the submission of each appllcatton
to cover the costs of the Investigation. A permit to act as a massage
technician does not authorize the operation of a massage establishment. AnY
person obtaining a permit to act as a massage technician who desires to
operate a massage establishment must separately apply for a 11cense therefor.
A person who applles for a 11cense to operate a massage establishment and who
desires to act as a massage technician within said massage establishment who
pays the fees and taxes requtred by Section 5.36.080 and 5.36.081 of thls
Ordinance No. 2408
Page 58
5.36.140 Permit-DIsplay required.
Every person, association, firm or corporation to whom or for which a
permit shall have been granted shall display said permit in a conspicuous
place so that the same may be rmadily seen by persons entering the premises
where the massage, bath or treatment is given, (Ord, 1312 S2 (part), 1970;
prior code S9.43,)
5.36.150 Name of business.
No person 11cansad to do business as herein provided shall operate under
any name or conduct hts buslness under any designation not specified in this
permit. (0rd. 1312 ~2 (part), 1970; prior code S9.44.)
5.36.160 Change of location-Fee required.
A change of location of a licensed massage establishment may be approved
by the city manager provided all applicable provfslons of this code are
complied wtth and a change of locatton a fee as presently designated, or as
may tn the future be amended, in the Master Fee Schedule, Sectton 5.36.160 has
been paid to city, to cover the costs of Investigation. (0rd. 1312 S2 (part),
1970; prior code S9.45).
5.36.170 Sale or transfer of buslness-Effect-Fee for transfer of interest. '
A. Upon the sale or transfer of any interest in a massage establishment, the
permit and license shall be null and void. A new application shall be
made by any person, firm or entity desiring to own or operate the massage
establishment. A fee as presently designated, or as may in the future be
amended, in the Master Fee Schedule, Section 5.36.170 shall be payable
for each such application involving sale or other transfer of any
interest in an existing massage establishment. The provisions of Section
5.36.100 of this chapter shall apply to any person, firm or entity
applying for a massage establishment permit for premises previously used
as such establlshment.
B. Any such sale or transfer of any triterests in an existing massage
establishment or any application for an extension of the building or
other place of bustness of the massage establishment, shall require
Inspection and shall require compliance with Section 5.36.110 of this
chapter.
(0rd. 1312 §2 (part), 1970; prior code S9.46.)
5.36.180 Eeployment of persons not possessing permtts prohtb(ted.
Zt ts unlawful for the holder of a 11cense to operate a massage
establishment to employ or otherwise allow a person who has not obtatned a
valid massage techntctan's permit to practice acts of massage, (Ord. 1312 S2
(part), 1970; prtor code S9,47.)
Ordinance No. 2408
Page 59
Chapter 5.38
PAltlBROKERSt SECONDHAND AND JUNK STORE DEALERS17
Sections:
5.38.010 License-Required-Taxes-Prerequisites-Scope.
5.38°020 Definitions.
5.38.038 License-Permit prerequisite-investigation fee-Application-
Contents required.
5.38.040 Pawnbroker or secondhand dealer-Records to be kept.
5.38.050 Pawnbroker, 3unk or secondhand dealer-Reports required-Time.
5.38.060 Pawnbroker or secondhand dealer-Records and PepoPts-Contents
required.
5°38470 Junk dealer or collector-Records to be kept.
5.38.080 Use of fictitious name prohibited.
5.38.085 Transacting business with minors prohibited.
5.38.090 Disposal of merchandise-Restrictions.
5.38.100 Hours and days for conducting business.
5o38.110 Exceptions to applicability-Donations.
5.38.120 Pawnshop-Employee identification card required.
5.38.130 Junkyard, secondhand dealer or auto wrecker-Compliance
required-Generally.
5.38.140 Junkyard. secondhand dealer or auto wrecker-Enclosure required.
5.38.150 Junkyard, secondhand dealer or auto wrecker-Gates on fence.
5.38.160 Junkyard, secondhand dealer or auto wrecker-Permitted height
of stored materials.
5.38.170 Junkyard, secondhand dealer or auto wrecker-SIgns or materials
not permitted where.
5.38,180 Junkyard, secondhand dealer or auto wrecker-/nrlannable
liquids to be drained from vehicles.
5.38.190 Junkyard, secondhand dealer or auto wrecker-Znspectton
requirements.
5.38.200 Junkyard, secondhand dealer or auto wrecker-Compliance
roqutred-Ltcense prerequisite.
5.38.210 License-Revocation or suspension when.
5.38.220 LIcense-Public heartng on suspension/revocation.
5.38.010 LIcense-Required-Taxes-Prerequisites-Scope.
Every person conducting, engagtng tn, or carrytrig on the business of
pawnbroker or 3unk or secondhand dealer or collector shall possess a valtd,
existing and unrevoked license therefor. Such license or licenses shall be
issued by the director of finance of the city upon the payment of a tax as
presently designated, or as may in the future be amended. in the Hastar Tax
Schedule, Section 5.38.010; provided, however, that said director of f(nance
shall not tssue any such 11cense ~thout the consent ~n wr(ttng f~rst having
been had and obtatned from the chief of pollce and presentation of the police
permit as required pursuant to the provisions of Section 5.38.020 et seq. of
this code. Nothing in th~s section or thts chapter conta(ned shall be deemed
Ordinance No. 2408
Page 60
5.38.030 LIcense-Permit prerequlstte-Znvesttgatton fee-Application-Contents
required.
A. No license $hall be issued. to any pawnbroker, Junk or secondhand dealer
in the city as defined herein pursuant to the provisions contained tn
Section 5.38.01 0 without the written approval and a permit therefor
having been obtained from the chief of police. The chief df police shall
charge a nonrefundable fee as presently designated, or as may in the
future be amended, in the Master Fee Schedule, Section 5.38.030, to cover
the cost of investigating the applicant. Every person wishing to engage
in the business of pawnbroker or Junk or secondhand dealer shall file an
ap ltcaton for a permit, signed by the ap ltcant, with the chief of
poVice, and the application shall show the forlowing information:
1. Permanent home address and full local address of applicant;
2. A brief description of the nature of the business and goods to be
sold;
3. A photograph of the applicant, taken within sixty days immediately
prior to the date of the filing of the application, which picture
shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner;
4. The fingerprints of the applicant;
5. A statement as to whether or not the applicant has ever ~n
convicted of any offense involving stolen property, and if so, the
of s.c, co. vtctio.s. and spectfyt.g the
ncr
la misdemeanors involved and the dates and places
of such convictions.
B. In the event that the chief of police, upon investigation, should
determine that the issuance of such a permit to the applicant would be
detrimental to the public health, safety, and general welfare of the
city, either because of the moral character of the applicant or the
creation of a policing problem as a result of the establishment of a
pawnshop or Junk or secondhand shop in a particular location, or showing
that an increase in the number of pawnshops or Junk or secondhand shops
over and above the existing number within the city would be detrimental
h
to t · public health, safety and general welfare, said findings shall be
prepared in writing and delivered to the applicant. The applicant may,
upon receipt of such notice of denial, appeal such denial to the city
council within ten days of the recei t of the denial, by filing a notice
of appeal with the city clerk of t~e city. The council shall set the
matter of the denial for hearing in the same manner as set forth in
Sections 5.38.210 and 5.38.220 of this chapter.
(Ord. 1961 )l (art) 1982; Ord. lg31 $1 (part), lgB1; Ord. 1008 52 (part),
1966; prior co2~
Ordinance No. 2408
Page 61
5,38.100 Hours and d~ys for conducting business.
It ~s unlawful for a~y person-coaduct~ng, managing or carrying on the
bus~ness of pawnbroker or secondhand dealer, buying or selling used jewelry,
watches, diamonds, clothing, mustca1 Instruments, luggage and sports goods,
except a dealer tn secondhand automobiles or furniture, to conduct such
busthess as follows:
A, Between the hours of s~x thtrty p,m. and etght thtrty a.m. on weekdays,
except that durln the month of December such places of bustness shall be
permitted to remain open unttl ntne p.m.;
B. Between the hours of stx thirty p.m. on Saturday and etght thfrty a.m. on
Honday;
C. On the following holidays: New Year's Day, Hemortal Day, the Fourth of
July, Labor Day, Thanksgiving Day, and Christmas Day.
(Ord. 1008 SZ (part), 1966; prior code S17.7).
5.38.110 Exceptions to appllcabtllt~V-Donattons.
The provisions of thfs chapter shall not apply to any person who sells or
deals tn secondhand goods, wares or merchandlse whtch have been donated to
said person or the organization which he represents. A donatton occurs, for
the purposes of thts chapter, when a gift ts made to the person or his
organization for which glft no money, property or other goods or servtces of
value are exchanged or to be received tn the future. (Ord. 1008 S2 (part),
1966; prtor code S17.8).
5.38.120 Pawnshop-Employee Identification card required.
Every person who ts to be employed by the owner of the pawnshop ~n the
conduct of the bustness shall ftrst file an application for an Identification
card stgned by the ap 11cant wtth the chtef of poltce. The appltcatfon shall
show the following tn~P;rmatfon:
A. Permanent home address and full local address of the appllcant;
B. A photograph of the applicant, taken wtthtn stxty days Immediately prior
to the date of the ftHng of the application, which ptcture shall be two
1riches by two 1riches, showing the head and shoulders of the applfcant tn
a clear and dfsttngutshtng manner;
C. The fingerprints of the applicant;
D. A statement as to whether or not the applicant has ever been convicted of
any offense Involving stolen property, and tf so, the details in general
of such convictions, and specifying the particular crtmes or misdemeanors
tnvolved and the dates and places of such convictions.
Ordinance No. 2408 '
Page 62
Chapter 5.40
PEDDLERS18
~ecttons:
5.40.010 O~ntng taxable property tn city-LIcense tax.
5.40.020 Not mintrig taxable property tn city-LIcense tax.
5.40.030 Ltcense required.
5.40.040 Pollce regulation of peddler activity at parades and stmtlar
spectal events,
5.40.010 Oenlng taxable propert~ tn city-LIcense fee.
Every peddler, solicitor or transient merchant who owns real or personal
property located wlthtn the ctty used primarily for the bustness for which
ltcense application ts made and which property ts on the tax roll s of the city
or is subject to such taxation, or who is an agent or representative of a
person who owns property located wtthtn the city used primarily for the
busthess for which license appltcatlon ts made and whtch property ts on the
tax rolls of the ctty or ts subject to such texatton shall pay a 11cense tax
as presently designated, or as may in the future be amended, in the Hastar Fee
Schedule, Section 5.40.010. (Ord. 1801S9 (part), 1978; prior code S18.63).
5.40.020 Not owning texable property tn city-LIcense fee.
Every applicant for a ltcense under this chapter as a peddler, solicitor
or transient merchant who does not own real or personal property located
within the city used prlmar~ly for the busthess for whtch 11cense application
ts made and whtch property ts not on the tax roll s of the ctty or subject to
such taxation. or who is an agent or representative of a person who does not
own property located wtthtn the ctty used prtmarfly for the bustness for whtch
ltcense application ts made and whtch property fs not on the tax roll s of the
ctty or subject to such taxatfon, shall pay a 11cense tax as presently
designated, or as may in the future be amended, tn the Hastar Tax Schedule,
Section 5.40.020. The bondtng requirement shall not apply to auctfoneers
regulated under Bustness and Professions Code Sectton 5710 et seq. (Ord. 2067
S2 1984; Ord. 1981 51 (part), 1982; Ord 1801 59 (part), 1978; prtor code
51~,64),
5.40.030 Ltcense required.
Each peddler, solicitor or transient merchant must secure a personal
11cense. No llcense shall be used at any ttme by any person other than the
one to whom ttts tssued. Food vendors must have necessary health permtts
before tssuance of a peddlers permit. Ltcenses must be applted for at least
five vorktng days prtor to the event. Fatlure to comply wtth licensing
requirements wt11 result tn citatton and fmpoundment of wares. Violation by
dd cttatton and Impoundment, tn
ltcensed peddlers wt11 result, tn a ttlon to
cancellation of the ltcense and, where applfcable, fn forfelt of bond. (Ord.
1981 51 (part), 1982; Ord. 1801 S9 (part), 1978; prtor code ~18.65.)
Ordinance No. 2408
Page 63
Chapter 5,42
PROFESSIONS19
Sections:
5.42,010 Ltcense tax required.
5.42.010 License tax required.
A. Every person conducting, managing, carrying on or engaged in any business
hereinafter enumerated tn this section shall pay a license tax as
sently des1 nated, as may tn the future be amended, in the Master
S hed. e, tion or
5.42.010:
1. Accountant;
2. Anesthesiologist;
3. Appraiser;
4. Architect;
5. Assayer;
6. Attorney at law;
7. Auditor;
8. Bacteriologist;
9. Chemist;
lO. Chiropodist;
ll. Chiropractor;
12. Consultant:
13. Dentist;
14. Doctor of medicine;
1 l,
15. Engineer-Civil, · ectrica mining, mechanical, chemical,
structural consultor hydraulic;
17.
18. EstheticJan;
19. Geologist;
20. Hypnotherapist;
21. Oculist;
22. Optician;
23. Optometrist;
24. Osteopath;
25. Pharmacist;
26. Physical Therapist;
27. Physician;
28. Physiotherapist;
29. Psychiatrist;
30. Psychologist;
31. Psychotherapist;
32. Podiatrlst;
33. Real estate broker;
34. Roentgenologist;
35. Social Worker;
Ordinance No. 2408
Page 64
36. Stock and bond broker;
37. Surgeon;
38. Surveyor;
39. Taxtdermist;
40. Veterinarian.
B. Each professional person mentioned above, whether or not required to be
licensed as such by the state to carry on his profession, shall, each
individually, whether or not operating as an individual, partnership or
associate, pay such license tax; provided further, that if such
professional person mentioned above should be an employee of a
professional corporation, said professional person shall pay the same
license tax as required herein, but the corporation shall not be required
to pay any license tax.
(Ord. 1801 SlO, 1978; Ord. 1602 Sl, 1974; Ord. 1243 Sl (part), lg6g; prior
code §18.58).
Ordinance No. 2408
Page 65
Chapter 5.46
REAL ESTATE SALESMEN21
Sectlens:
$.~.OlO Ltce~.e tax reqelred.
5.46.0g0 Disclosure of Mello-Roos Districts, Assessment Districts and
Open Space Districts.
5.46.010 Ltcense fee required.
Every person conducting, managing, carrying on or engaged tn business
hereinafter enamerated in this section, shall pay a license tax as presently
designated, or as my in the future be amended, in the Master Tax Schedule,
Section 5.46.010.
Real estate salesmen. (Ord. 1BO1 Sll, 1978; prior code S18.59).
5.46.020 Disclosure of Mello-Roos Districts, Assessment Districts and Open
Space Districts.
Upon the sale of a new home, which is subject to a Mello-Roos District,
an assessment district or an open space district, any person engaged in the
business of real estate sales shall disclose the costs of the district to the
buyer and the existence of any alternative to pay off those costs at the time
of the purchase of the property. This disclosure shall take pl ace before any
bindin commitment is made either by the seller to sell the property to a
specifVc buyer or by the buyer to purchase h
T e disclosure
the property. shall
made in the form attached hereto as Exhibit "1" and incorporated herein by
reference as if set forth in full. (Ord. 2275 Sl, 1988).
Ordinance No. 2408
Page 66
5.~8.050 Business license-Surrender required when.
As a condition to the issuance of a closing-out sale license, as said
license is defined in this chapter, .the applicant shell consent to the
revocation of the applicant's business license issued pursuant to the
provisions of Chapters 5.02 and 5.04. If the closing-out sale license is
issued, the applicant's business license shall be deemed revoked upon the
expiration of the closing-out sale llcense or any extension thereof. (Ord.
752 S1 (part), 1961; prior code S10A.4.5).
5.48.060 License-Znvestigatton of appltcant-Zssuance-Fees and Taxes-
Agreement required.
The ftnance officer shall notify the chtef of poltce of the filfng of the
application and the chief of police may make, or cause to be made, an
examination or investigation of the statements put forth in such application,
or of the applicant and his affairs, in'relation to the proposed closing-out
sale. If the chief of police finds that the statements in the application are
true, that the advertising to be used is not false, deceptive or misleading in
any respect, and that the proposed methods of conducting the sale are not such
as, in the opinion of the chief of police, would work a fraud or
misrepresentation on the purchaser, then the chief of police shall approve the
application and the finance officer shall issue a license to conduct such a
sale in accordance with the provisions of this chapter; otherwise the chie~f of
police shall disapprove the application. No application for such license
shall be accepted by the finance officer unless accompanied by a nonrefundable
filing fee as presently designated, or as may in the future be amended, in the
Master Fee Schedule, Section 5.48.060. Provided further, that whenever the
goods, wares or merchandise is to be sold at public auction and is a stock of
Jewelry, then in that event the application required in this chapter shall be
accompanied by a tax in an amount as presently designated, or as may in the
future be amended, in the Master Tax Schedule, Section 5.48.060. At the time
of delivery of such license, the licensee shall sign the following agreement
to be witnessed by the finance officer or his deputy:
"The above license is accepted by the undersigned upon the condition that
licensee agrees to comply with, and abide by, all the provisions of Chapter
5.48 of the Code of the City of Chula Vista, California." (Prior code SlOA.5).
5.48.070 License-Conditions for issuance-Period of validity-Renewal.
Any ltcense issued under the provisions of this chapter shall authorize
the conduct and advertising of the one type of sale named therein, and at
location specified therein, for a period of not more than forty-five calendar
days. Provided however, that the finance officer may, upon a verified
application therefor, renew said license for a period not to exceed fifteen
days. Such verified petition for renewal shall include a listing of such
remainder goods, wares or merchandise remaining in stock from the original
inventory and shall not contain any goods, wares or merchandise not named in
the original application. If a sale is to be conducted at two or more
Ordinance No. 2408
Page 67
Chapter 5.50
TRAILER P/IRKS23
Sections:
5.50.010 State regulations-Enforcement.
5.50.020 License tax required-Term.
5,50.030 Disposition of moneys,
5.50,040 Tent camps prohibited,
5,50.050 Tratlers and buildings-DIstance from park boundary,
5.50,060 Cabarias-Foundation requirements,
5.50.010 State Regulations-Enforcement,
Pursuant to the provisions of Section 18010, Part 2, Division 13, of the
California Health and Safety'Code, the division of housing of the building
inspection division of the department of public works is hereby charged with
the enforcement of Part 2, Division 13 of the California Health and Safety
Code and the California Administrative Code, Title 8, Chapter 9, Article 2, 3,
4 and 5 pertaining to mobilehomes and mobilehome parks. (Ord. 776 S1 (part),
1961; 6rd 747 S1, 1961; prior code ~6.1).
5.50.020 Ltcense tax required-Term.
A. Every person, firm, partnership or corporation either for himself or
ttself, or for any other person, firm or corporation within the corporate
limtts of the city, shall pay an annual ltcense tax as presently
designated, or as may in the future be amended, in the Master Tax
Schedule, Section 5.50.020.
B. Licenses hereunder issued shall be issued on a calendar year basis except
for new auto and trailer parks. The ltcense tax for the first year shall
be apportioned as specified in Chapters 5.02 and 5.04.
C. In the event addftional tratler spaces are added to an existing park, the
above tax for each trailer site shall be paid for the balance of the year
and for each succeeding year in the manner and amount above mentioned
before the same are offered for rental to the general public.
(Ord. 771 (part), 1961; prior code ~18.47).
5,50.030 Disposition of meneys.
All moneys recehed under the provisions of thfs chapter shall be paid
tnto the ctty treasury and credtted to the general fund. (Prlor code S6.2).
5.50.040 Tent caeps prohibited.
No tent camps shall be erected or maintained within the city. (Ord. 776
S1 (part), 1961; prior code S6.28).
Ordinance No. 2408
Page 68
Chapter 5.54
TAXICABS25
Sections:
5.54.010 Purpose-Intent.
5.54.020 Certificate-License required.
5.54.030 Definitions.
5.54.040 Certificate-Application-Contents.
5.54.050 Certificate-Application-Investigation required.
5.54.060 Certificates issued by Police Chief.
5.54.070 Certificate for existing ltcensed taxicabs.
5.54.060 Certificate-Cancellation as certified operator.
5.54.090 Insurance required.
5.54.100 Fare rates.
5.54.110 Certificate-Cancelled when.
5.54.120 Certificate-Grounds for suspension or revocation.
5.54.130 Certificate-To be surrendered when.
5.54.140 Route required.
5.54.150 Receipts for passengers.
5.54.160 Fare-Nonpayment deemed infraction when.
5.54.170 Sellciting for patronage prohibited when.
5.54.180 Exceeding rated seating capacity prohibited.
5.54.190 Parking prohibited where-Exceptions.
5.54.200 Obedience to orders of police and firefighters required.
5.54.210 Drivers' permits required.
5.54.220 Taxicab stands-Established-Designation.
5.54.230 Taxicab stands-Unattended vehicles prohibited when.
5.54.240 Taxicab stands-Hours of operation.
5.54.250 Certificate-Number to be displayed on vehicle.
5.54.260 Color scheme restrictions.
5.54.270 Information cards-Display required where-Contents.
5.54.280 Violation-Penalty.
5.54.290 Appeals to city council.
5.54.010 Purpose-Intent.
The purpose of this chapter is to regulate taxicab operators in the city
to best serve the public interest and to permit a sufficient degree of
flexibRtty In operation so as to allow an increased number of vehicles to be
operated under the direction and supervision of a certified operator during
peak demand hours. Any vehicles operating and ptckin9 up passengers wtthin
the city shall have paid the license tax and administrative fee provided in
the master fee schedule and meet all requirements for the operation as set
forth in this chapter.
It is the intent of the city to prohibit the transfer of a certificate by
an approved operator. Zt shall be required that any such operator surrender
his certificate to the city if he should cease to do business within the
city. It ts further the intent of the city council that all taxicabs
operating within the city shall be owned by the certified operator. (0rd,
2003 S2 (part), 1982).
Ordinance No. 2408
Page 69
5.54.020 Certificate-License required.
Mo person shall engage in the business of operating any taxicab or
taxicabs within the city without first having obtained a certificate to
operate from the Police Chief. All vehicles shall meet the standards and
qualifications for vehicles and drivers as provided by this chapter and the
full license tax must be paid regardless of the duration of the time the
taxicabs are assigned to operation within the city. Should reports be
received that the procedure is being violated, the operator's certification
may be suspended or revoked.
Every person conducting, managing or operating a business in which
taxicabs are used, shall pay an annual fee as set forth in the Master Tax
Schedule, Section 5.54.020, prorated to the nearest quarter. (0rd. 2003 92
(part), 1982).
5.54.030 Definitions.
For the purposes of this chapter, unless otherwise expressly stated, the
following words and phrases shall have the meanings respectively ascribed to
them by this section:
A. "Certified operator" means a person authorized by the Police Chief to
operate a taxicab or taxicabs in the cit and who has been issued a
certificate for the operation of such vehicles.
B. "Driver" means every person in charge of, or operating, any
passenger-carrying or metor-propelled vehicle, either as agent, employee,
or ot/~erwise, of owner, as owner, or under the direction of the owner.
C. "Person" means any individual, partnership, association, corporation or
other organization owning, operating or proposing to operate any taxicab
or taxicabs within the city.
D. "Street" means any place commonly used for the purpose of public travel.
E. "Taxicab" means every automobile or metor-propelled vehicle of a
distinctive color or colors, and/or of public appearance such as in
common usage in this country for taxicabs, (e.g., vehicles such as pickup
trucks and dune buggies would not normally be used for taxicab purposes),
and/or operated at rates per mile, or for wait-time, or for both, and
equipped with a taximeter, used for the transportation of passengers for
hire over the public streets of the city, and not over a defined route,
and irrespective of whether the operations extend beyond the boundary
lines of the city, and such vehicle is routed under the direction of such
passenger or passengers, or of such persons hiring the same.
G. "Taxlmeter' means and includes any mechanical instrument, appliance,
device or machine by which the charge for hire of a passenger-carrying
Ordinance No. 2408 '
Page 70
vehicle is mechanically calculated for distance traveled and time
consumed, and upon such instrument, appliance, device or machine such
charge is indicated by figures.
(0rd. 2003 S2 (part), lgB2).
5.54.040 Certificate-Application-Contents.
All persons applying for a certificate for the operation of one or more
taxicabs shall file a sworn application therefor on forms provided stating as
follows:
A. The name and address of the owner and person applying;
B. The number of vehicles the applicant wishes to be certified to operate in
Chula Vista;
C. The intended make, type, year and passenger seating capacity of each
taxicab to be operated in Chula Vista;
E. A description of the proposed color scheme, insignia, trade style and/or
any other distinguishing characteristics of the proposed taxicab design;
F. Such other information as the Police Chief may in his discretion require.
(0rd. 2003 S2 (part), 1982).
5.54.050 Certificate-Application-Investigation required.
Before any application is acted upon, the Police Chief shall cause an
investigation to be made of:
A. The number, kind and type of equipment and the color scheme to be used.
All vehicles, if they are more than two years of age, must have on
deposit with the city a certification showing that an annual inspection
has been made by an acceptable government agency or an inspection station
licensed under Section 9887.1 of the Business and Professions Code of the
state. Failure to satisfy said inspection requirements may result in the
suspension of the certificate for said vehicle until necessary
corrections have been made. Said inspection shall be renewed on an
annual basis on the anniversary date of said two-year age limit. All
vehicles shall be owned by the holder of the certificate. All vehicles
shall be equipped with a light on top clearly identifying the vehicles as
taxicabs.
B. Applicant shall agree that he shall be the owner of said vehicles and
shall maintain said vehicles in a clean and sanitary condition at all
times. If any of said vehicles are leased to operators by the holder of
the certific,te. the holder of the certific,te sh,ll i.edtately
the Police Chief with a copy of said lease; or names of lessees
leases in a form previously submitted and on file;
Ordinance No. 2408
Page 71
provided, however, that such lease arrangement shall not relieve the
certificate holder of any responsibilities and obligations for the safe
maintenance and cleanliness of the vehicle which has been leased.
(Ord. 2003 S2 (part), 1982).
5.54.060 Certificates issued by Police Chief.
The Police Chief shall grant a certificate to those persons applying
therefor who, in his opinion, are fully qualified in accordance with the
requirements of this chapter. No certificate shall be issued to any person
who has not fully complied with all of the requirements of this chapter
necessary to be complied with before the commencement of the operation of the
proposed service.
With each certificate issued, the Police Chief shall issue a numbered
medallion of a distinctive design. The certificate holder shall cause the
medallion to be fixed to the outside left rear portion of each taxicab to be
operated in Chula Vista. The medallion shall be fixed in a position in plain
view from the rear of the taxicab. Hedallions which are lost or defaced by
accident, etc., shall be reported to and replaced by the Police Chief. (Ord.
2003 S2 (part), 1982).
5.54.070 Certificate for existing licensed taxicabs.
The provisions of this chapter shall be effective inkedlately for new
operators and on January 1, 1983 for existing operators. (Ord. 2003 S2
(part), 1982).
5.54.080 Certificate-Cancellation as certified operator.
After the service for which a certificate is granted in this chapter is
discontinued, or if the certified person sells or discontinues his or its
business, except as provided in this chapter, the certificate granted under
this chapter shall be automatically cancelled and shall be reissued only in
accordance with the provisions of this chapter.
Each certificate issued pursuant to the provisions of this chapter is
separate and distinct and shall be transferable from the person to whom issued
or by whom renewed to another person upon the approval of the Police Chief;
provided, however, that where a certificate is issued pursuant to the
provisions of this chapter to a form of legal entity wherein control is
evidenced by shares of stock or such other evidence of ownership (including
but not necessarily limited to a corporation, partnership, a Joint venture, a
Joint stock company, or a business trust) and the majority interest in said
entity is transferred from that entity to another person or entity, said
transfer, whether voluntary, by operation of 1 aw or otherwise shall be made
only upon the approval of the Police Chief. The application for the transfer
Ordinance No. 2408 '
Page 72
of said certificate shall certify that the owner of said certificate has
notified the proposed transferee of the requirements of this chapter
pertaining to the transfer of said certificate; and whenever such application
for a transfer of certificate is made as provided for in this chapter, the
Police Chief shall cause an investigation to be made. (Ord. 2003 S2 (part),
1982).
5.54.090 Insurance required.
It is unlawful to operate any vehicle as defined in this chapter unless
there shall be filed with the Police Chief a certificate of insurance executed
and delivered by a company authorized to carry on an insurance business in the
state, which company shall have a policyholders rating of A-IX or better as
listed in Best's Key Rating Guide, the terms of which such insurance company
assumes responsibility for injuries to persons or property caused by the
operation of such vehicle in the following amounts. The certificate shall
show insurance in the following a~ounts:
A. One hundred thousand dollars primary coverage for property damage per
occurrence; two hundred fifty thousand dollars primary coverage for
bodily injury or death to any one person in any one person in any one
accident, and five hundred thousand dollars per occurrence for primary
coverage for bodily injury or death in a combined single limit policy;
B. In lieu of the insurance coverage, a certified operator may provide p_r. oof
of self-insurance under existing state regulations adequate to mee he
limitations set forth in this chapter;
C. The certificate shall be on a standard "accord" form and shall provide
for automatic ten-day written notification by the insurance company to
the city as a certificate holder, of any insurance policy cancellation or
changes in coverage;
D. The insurance coverage must be one of two types:
1. A one-year policy (although the policy could have payments made on
a less than annual basis), or
2. If other than a one-year policy, the insurance company must provide
the city with ten-day written notice of any nonrenewal of policy.
(Ord. 2003 S2 (part), 1982).
5.54.100 Fare rates.
From and after Nay 6, 1980, upon which date the city council concluded a
public hearin , and established maximum rates of fare for the hire of taxicabs
within the c~ty, the following rules shall apply for the establishment of
rates of fare:
Ordinance No. 2408
Page 73
A. Each certified operator shall file with the Police Chief the rate of fare
that said operator shall charge for taxicab service. Each such certified
operator shall set the taximeter for the rate said operator will charge,
and prominently post rates on each side of the taxicab in block letters
of not less than one inch in height and in a location where rates can be
easily read by prospective passengers.
B. If a certified operator desires to change the rate of fare on file in the
office of the Police Chief, said operator shall file with the Police
Chief the new rates, reset the meter, and post the revised rates on each
side of the taxicab as provided in this section.
C. It is unlawful for a certified operator to operate any taxicab in the
city unless the vehicle is equipped with a taximeter designed to
calculate fare upon the basis of a combination of mileage traveled and
time elapsed. When operative with respect to fare indication, the
fare-indicating mechanism shall be actuated by the mileage mechanism
whenever the vehicle is in motion at such a speed that the rate of
mileage revenue equals or exceeds the time rate, and may be actuated by
the time mechanism whenever the vehicle speed is less than this and when
the vehicle is not in motion. Means shall be provided for the vehicle
operator to render the time mechanism either operative or inoperative
with respect to the fare-indicating mechanism. Waiting time shall
include all time when a taxicab occupied or engaged by a passenger is not
in motion or is traveling at a speed which is slow enough for the time
, --- rate to exceed the mileage rate; waiting time will al so include the time
consumed while standing at the direction of the passenger or person who
has en aged such taxicab. It shall be the duty of every permit holder
operating a taxicab to keep such taximeter in such proper condition so
1
that said taximeter will, at all times, correct y and accurately indicate
the charge for the distance traveled and waiting time. The taximeter
shall be at all times subject to inspection by any peace officer, and
such peace officer is authorized at his instance or upon complaint of any
person to investigate or cause to be investigated such taximeter, and
upon discovery of any inaccuracy in said taximeter, or if the taximeter
is unsealed, to remove or cause to be removed the vehicle equipped with
such taximeter from the streets of the city until the taximeter has been
correctly adjusted and sealed before being returned to service.
O. It is unlawful for any driver of a taxicab while carrying passengers to
displ~ the flag or device attached to the taximeter in such a position
as to denote that the vehicle is for hire, or is not employed, or to have
the flag or other attached device in such a position as to prevent the
taximeter from operating, and it is unlawful for any driver to throw the
fla into a position which causes the taximeter to record when the
vehVcle is not actually employed, or to fail to throw the flag or other
device into a nonrecording position at the termination of each and every
service.
E. The taximeter shall be so placed in the taxicab that the reading dial
showing the amount of fare to be charged shall be well lighted and
readily discernible by the passenger riding in such taxicab.
Ordinance No. 2408 '
Page 74
F. It is unlawful for any certified operator and/or driver of a taxicab to
demand of a passenger a charge for hire greater than the current maximum
rate epproved by the ~ity council or the rate which said certified
operator shall have on file with the director of Police Chief.
G. There shall be displayed in the passenger compartment of each taxicab,
well lighted and readily discernible by the passenger, in a container of
type and design approved by the Police Chief, a card showing the
operator's rates to be charged for hire of the vehicle.
(Ord. 2003 92 (part), lgB2).
5.54.110 Certtftcate-Cancelledwhen.
After the service for which a certificate is granted under this chapter
is discontinued, or if the person sells or discontinues his or its business,
the certificate granted under this chapter shall be automatically cancelled
and shall be reissued only in accordance with the provisions of this chapter.
(Ord. 2003 92 (part), lg82).
5.54.120 Certificate-Grounds for suspension or revocation.
A. Certificates may be suspended or revoked by the Police Chief:
1. The owner fails to operate the taxicab or taxicabs in accord~,nce
with the provisions of this chapter;
2. The taxicab or taxicabs are operated at a rate of fare other than
that which the certified operator shall have on file with the
Police Chief.
B. The city council may suspend or revoke a certificate where it finds the
owner's past record involved violations of city, state or federal law or
endangered the public safety.
(Ord. 2003 92 (part), lg82).
5.54.130 Certificate-To be surrendered when.
Certificates which shall have been suspended or revoked by the Police
Chief, shall be surrendered to the Police Chief and the operation of any
taxicab or taxicabs covered by such certificates shall cease. Any owner who
shall permanently retire any taxicab or taxicabs from taxicab service and not
replace same within thirty days thereof shall immediately surrender any
certificate or certificates granted for the operation of such taxicab or
taxicabs to the Police Chief, and such owner may not secure additional
certificates for the operation of any taxicab or taxicabs without having first
made application therefor, in the manner provided in this chapter. (Ord. 2003
92 (part), 1982).
Ordinance No. 2408
Page 75
in any available parking space when actually engaged in loading or unloading
passengers; and provided further, that between the hours of ten p.m. and six
a.m. of the following day, taxicabs may stop, stand or park in any place where
the parking of vehicles is otherwise permitted. (Ord. 2003 $2 (part), 1982).
5.54.200 Obedience to orders of police and firefighters required.
The driver of any of the vehicles regulated by this chapter shall
promptly obey all orders or instructions of any police officer or
firefighters. (Ord. 2003 S2 (part), 1982).
5.54.210 Drivers' permits required.
It is unlawful for any person to drive or operate any of the vehicles
mentioned in Section 5.54.020 without first obtaining a taxicab driver's
Identification card issued by the sheriff of the county. (Ord. 2003 S2
(part), 1982).
5.54.220 Taxicab stands-Established-Designation.
The council may by resolution locate and designate taxicab stands, which
stands when so established shall be appropriately designated "Taxis Only."
(Ord. 2003 S2 (part), 1982).
5.54.230 Taxicab stands-Unattended vehicles prohibited when.
It is unlawful for any taxicab to remain standing in any established
taxicab stand, unless such cab is artended by a driver or operator, except
when assisting passengers to load or unload, or when answering his telephone.
(Ord. 2003 ~2 (part), 1982).
5.54.240 Taxicab stands-Hours of operation.
Taxicab stands establlshed hereunder shall be in operation twenty-four
hours of every day. (Ord. 2003 ~2 (part), 1982).
5.54.250 Certificate-Number to be displayed on vehicle.
Each taxicab shall bear, at such places on the outside of such vehicle as
shall be prescribed by the Police Chief, the number of the certificate granted
for its operation and such designation shall be of the type and design as
shall be prescribed by the Police Chief. (Ord. 2003 ~2 (part), 1982).
Ordinance No. 2408
Page 76
5.54.260 Color sc~ restrictions.
All taxicabs must be and conform to a color scheme approved by the Police
Chief, who may refuse a certificate to every person whose color scheme, trade
name or insignia imitates that of any permittee in such manner as to deceive
2
the public. (Ord. 2003 S2 (part), 198 ).
5.54.270 /nformatton cards-Display requtred where-Contents.
Each taxicab licensed to operate in this ctty shall have located tn a
convenient place tn the drtver's compartment and in view of the passenger
thereto two containers of type and design approved by the Polfce Chief. Such
containers shall contain cards provlded by the Poltce Chief bearing the
following Information:
A. One such container shall have a card therein beartng:
1. ?he permit number issued for each individual taxicab licensed to
operate in the city;
2. The name of the company to whom it is issued;
3. The date of issuance;
4. The state license plate number and engine number of the taxicab
displaying same.
B. One such container shall have a card therein bearing:
1. The number of the city chauffeur's license of the driver thereof;
2. The name and residence address of such driver;
3. The name of the company employing such driver;
4. A small photograph of such driver.
(Ord. 2003 S2 (part), 1982).
5,54,280 Violation-Penalty.
A. Any person violating any of the provisions of this chapter shall be
deemed gutlty of an infraction, and upon conviction thereof, shall be
punished by forfeiture of his permit, and by a fine as provided by this
code,
B. For the purpose of this chapter it shall be considered that each day
during which any revision of this chapter is violated shall constitute a
separate and dtst~;ct offense.
(Ord. 2003 S2 (part), 1982).
Ordinance No. 2408
Page 77
5.54.290 Appeals to city council.
Any actions taken by the Police Chief under this chapter are appealable
ten days of the action of the Police Chief. ~ p , 1982).
Ordinance No. 2408 '
Page 78
deviations are shown to be of a repeated and frequently recurring nature, and
any complaints received from the tow car or tow truck services selected and
designated to carry out such police towing operations and any complaints
received concerning the quality and standards of service performed by said
operators shall be deemed sufficient cause for cancellation and termination of
any contract or operating agreement entered into for the performance of such
service. (Ord. 2314 S2, 1989; Ord. 2003 93 (part), 1982; Ord. 1021 !l
(part), 1966; prior code ~31.62).
5,58,0q0 Licenses required-Procedure.
Any owner or operator of any private tow car or tow truck service shall
be required to obtain a special license under the provisions of this section
in addition to the normal business license. Said license shall be issued upon
ap licatton to the Police Chief and shall be subject to his a proval. The
Police Chief, or other properly designated officer, sh:~l make an
investigation of the appltcant's' background and business propriety and shall
require the applicant, and upon the discretion of the Police Chief, the
employees to furnish fingerprints and photo raphs. (Ord. 2003 93 (part),
1982; Ord. 1416 Sl (part), 1972; prior code ~8.30 (A)). 4
5.58.050 Grounds for denial of license-Appeal-Public hearing.
In the event that the findings of the investigation by the Police Chief
indicate that the applicant's practice of doing business within the
endanger the public health, safety or morals of the community, he may se
to issue the appropriate license. Such refusal shall be appealable to the city
council, and after a public hearing on the matter, the decision of the city
council shall be final. (Ord. 2003 93 (part), 1982; Ord. 1416 S1 (part),
1 0
1972; prior code S 8.3 4(B)).
5.58.070 Insurance required.
(Repealed by Ord. 2314 S4, 198g; Ord. 2003 S3 (part) 1982; Ord. 1416 S1
(part) 1972; prior code S18.304(D)).
5.58.075 /ndemntftcatton and Hold Harmless, Insurance and Bond Requirements.
Any agreement to provide tow service shall include a hold harmless clause
0
5.58.080 Bond required.
(Repealed by Ord. 2314 S4, 1989; Ord. 2003 S3 (part), 1982; Ord. 14t6
!l (part), 1972; prior code )18.304(E)).
Ordinance No. 2408
Page 79
5.58.090 License suspension-Notice required-Appeal-Public hearing.
In the event that a licensee under this section shall violate or cause or
pemtt to be vtolated an~ of the provisions of this chapter, the Police Chief
my suspend such 1teerise and shall notify the licensee of such suspension by
written notice s~att~j t~e cause and reason for such suspension. Appeal may
be made by the appllca~t to t~e ctt~ council, and the decision by the counctl,
I~ring, sh~11 be final. Oral. ~3 (part), 1982; Ord.
after a public 1972; prior code $18.304(F~I. 2003
1416 Sl (part),
Ordinance No. 2408 '
Page 80
Chapter 5.60
VENDING, WEIGHING, MUSIC ~USEMENT AND VIDEO MACHINES
Sections:
5.60.010 Vendtrig, weighing, music, amusement and video machines-
License Tax-Receipts to be attached to machine.
5.60.010 Vendtrig, weighing, music, amusement, video machines- License Tax-
Receipts to be attached to machine.
Every person conducting, managing or carrying on the business of
operating or maintaining any vending, weighing, music, amusement, or video
machine operated by a coin or a slug shall pay a tax as presentqy designated,
or as may in the future be amended, in the Master Tax Schedule, Section
5.60.010, in addition to any other license tax required by this Chapter.
Postage machines are exempt from license taxes,
The City FInance Officer shall issue a separate receipt for each such
machine, which shall be attached to and maintained thereon for the full term
for which the receipt is issued.
Ordinance No. 2408
Page 81
Chapter 5.61
POOL AND BILLIAR TABLES
Sec ti on s:
5.61.010 Pool and !3111ard teb]es-Ltcense tex-Recetpt to be attached to
mchtne.
5.62.010 Pool and Btllard tables-LIcense tax-Recefpt to be attached to
machtne
Every person conducting, managlng or carrying on the busthess of
operating or maintaining any vendlng, weighing, mustc, amusement, or vtdeo
machtne operated by acotn or a slug shall pay a tax as presently designated,
or as may tn the future be amended, In the Master Tax Schedule, Sectton
5.60.020, tn add~tton to any other Hcense tax requtred by thls Chapter.
Postage machines are exempt from 11cense taxes.
The Ctty F~nance Officer shall tssue a separate receipt for each such
machfne, which shall be attached to and maintained thereon for the full term
for whtch the recetpt ts hsued.
Ordinance No, 2408 "
Page 82
Chapter 5,62
VENDZNG YEHZCLE5
Sections:
5.62,010 Vendtng vehtcles-L~cense tax required,
5,62,020 Vend~ng vehicles-Parking and stopping regulations,
5.62.010 Vendlng vehicles-LIcense tax required.
Every person conducting, managing or operating a bustness in which
rending vehtcles are used, from whtch any goods other than foodstuffs are
sold, gtven away, displayed or offered for sale at retail, shall pay a 11cense
fee of two hundred dollars per year per vendtrig vehtcle, payable quarterly.
The 11cense tax presently designated, or as may fn the future be amended, tn
the Haster Tax Schedule, Section 5.62.010. The 11cense shall identify the
particular vehtcle to be used and shall be kept on the vehtcle, available for
Inspection at all ttmes. (Ord. 2081 §1, 1984; Ord. 1801S13, 1978).
5.62.020 Vendtng vehicles-Parking and stopping regulations.
No person shall stop or park a vendfng vehicle on a publfc thoroughfare
for the purpose of selling, gtving away, displaying or offering for sale any
merchandfse except for a period of ttme sufficient to consummate an Immed~te
sale or sales. No person shall stop, park or cause any vendtng veh~c' to
remain on any public property except pursuant to the order of a '~ dl
authority or for the purpose of making emergency repatrs to the vehtcle; ~n no
~ away any merchandhe from a vend~ng
event shall any person sell or g ve
vehtcle wh~le on any publlc property other than a thoroughfare. No person
shall stop, park or cause a vend~ng vehtcle to remafn on any private property
for the purpose of selltng, gtv~ng away, d~splaylng or offering for sale any
merchandise to any person other than the owner of such property or hts agents,
customers or employees. (Ord. 1884 §1, 1979).
Ordinance No. 2408
Page 83
Chapter 5.63
OFFSITE MULTIUSER HAZARDOUS
iiA3iL F, MI~LXTXES
Sections:
5.63.010 Offsite Multiuser Hazardous Waste Facilities-LIcense-Tax
5.63.010 Rates-For Offslte, Multiuser Hazardous ~aste Facilities.
In accordance with Division 20, Chapter 6.5 of the State of California
Health and Safety Code, Section 25173.5, multiuser hazardous waste facilities
are hereby assessed a business license tax in the amount and manner as follows:
A. Gross Receipts Tax Rate. The tax shall be equal to 10% of the facility's
annual gross receipts for the treatment, storage, or disposal of
hazardous waste, except for that portion of the facility's gross receipts
which are delivered from the recycling of hazardous wastes or the
treatment of infestious wastes.
B. Pa~nnent Schedule. The business license tax for hazardous waste
facilities shall be paid quarterly, in advance, in accordance with the
specific provisions detailed under Section 5.04.010 and Section 5.04.020.
C. Gross-Receipts-Basis for Calculating/Estimating Tax. The business
license tax for a given calendar year after the first calendar year in
which the facility carries on business sha)l be based on the actual
amount of ross receipts received by the facility during the preceding
tax year. The taxpayer shall submit to the Finance Director a certified
statement, upon a form provided by the City, setting forth the actual
amount of gross receipts, as defined herein, received for the preceding
calendar year.
If the facility has not carried on business within the City for an entire
calendar year preceding the tax period, the taxpayer shall estimate the
tax due based on monthly or quarterly performance, and/or other relevant
data and such tax, as estimated, shall be the tax due for that year. The
taxpayer hall submit such information on the facility's gross receipts as
the Finance Director may require. The taxpayer shall furnish the Finance
Director with a certified statement showing the actual gross receipts
earned, within thirty (30) days after the expiration of the tax period
for wich the license was issued. The Finance Director shall, in turn,
ascertain the actual amount due after deducting the amount paid at the
time such license was first issued. Any adjustments shall be made within
thirty (30) days after such ascertainment.
D. Operative Date. The tax herewith levied shall apply commencing upon the
date that the taxpayer is next required to obtain a business license.
Nothing herein shall affect the effective date of this ordinance.
Ordinance No. 2408 '
Page 84
E. Records Inspection. The provisions of Section 5.04.180,
"Records-Inspection Required-Violation-Penalty," shall apply to instances
~here the business license tax is based on gross receipts.
F. Confidentialfry of Information. It shall be a misdemeanor for the
Director of Finance or any person having any administrative duty under
the provisions of this Chapter to make known any information contained in
the application for license or obtained while performing the duties
required under this section. Nothing in this section shall, however, be
construed to prevent:
1. The disclosure of infomation as may be reasonably necessary in any
proceeding brought to determine the existence or amount of any
license tax liability of the particular taxpayer;
2. The disclosure of the names and addresses of persons to whon
licenses have been issued and the general type or nature of their
business;
3. The disclosure of general statistics pertaining to groups of
business.
Ordinance No. 2408
Page 85
~ter 8.20
Sect(ons:
8.20.010 Vendtng vehicles-Definitions.
8.20.020 Vendlng ve~tcles-For food stuffs and Ice cream-License tax
required.
8.20.030 Vend~ng vehtcles-Pa~ng and stopptng regulations.
8.20.025 Vendtrig vehicles-Restrictions near elementary school
factlltfes.
8.20,040 Vendtrig vehicles-Compliance ~lth certu~n regulations required.
8.20.050 Vendtrig vehicles-Refrigeration required.
8.20.060 Vendfng vehtcles-Xdent~ftcatfon to be displayed.
8.20.070 Vendtrig vehicles-Cleanliness required-inspection-
Certification.
8.20.080 Vendtrig vehicles-For unprepared food-Regulations.
8.20.090 Vendtrig vehicles-For prepared food-Regulations.
8.20.095 Vendtrig vehtcles-Nobtle food preparation untt-Regulatlons.
8.20.100 Vendtrig vehicles-LImitations on use.
8.20.110 Vendtng machine-Operator defined.
8.20.120 Vendtrig machine-remit required~Operator responsibilities.
8.20.130 Vendtng machine-remit required for servtce vehicle.
8.20.140 Vendtng machine-Location restrictions-Approval required.
8.20.150 VendSrig machine-Service room required.
8.20.160 Vendtng machines-Cleaning and santttz~ng generally.
8.20.170 Vending machlnes-Outslde and other equlpment to be cleaned.
8.20.180 Vendtng machlnes-For cold carbonated beverages-Cleaning
requirements.
8.20.190 Vendtrig machines-For m~lk products-Cleaning and sanittztng
requirements,
8.20.200 VendSrig machines-Refilling regulations.
8.20.010 Vendtng vehicles-Deftnlttons.
Hhenever in this chapter the following tams are used they shall have the
meanings respectively ascribed to them tn thts section:
A. "P~epared food vendJng vehicle" means a food vendlng vehicle from which
any food or beverage product is sold, given away, displayed or offered
for sale, at retatl, other than an unprepared food vending vehicle,
catering truck, bakery truck, or ice cream or ice cream product truck.
B. "Unprepared food vending vehicle" means a food vending vehicle from which
iS sold, given away, displayed or offered for sale, at retail, any raw or
unprepared food or food product ~ncludtng, but not l~mtted tu. fruits,
vegetables, produce, mats, fish, poul try or seafood.
C. "Mobile food preparation unit" means any ve~fc}e or portable food service
unit upon which food is prepared for service, sale, or distribution at
retail. A mobile food preparation unit shall be considered a vending
vehicle for purposes of this chapter.
Ordinance No. 2408 '
Page 86
D. A vending vehicle may h~v~ more than one designation pursuant to this
section. A vehicle with multiple designations must comply with all
applicable provisions of this chapter and state law.
(Ord. 855 S2 {part), 1963; Ord. 2120 Sl, 1985; prior code ~15.60).
8.20,020 Vending vehicles-For foodstuffs-License tax required.
Every person conducting, managing or operating a business in which carts,
wagons or rending vehicles for foodstuffs, including ice cream, are used,
shall pay a tax as presently designated, or as may tn the future be amended,
in the Master Tax Schedule, Section 8.20.020. The license shall identify the
particular vehicle to be used and shall be kept the vehicle, available for
inspection at all times. (Ord. 2081 §1 (part), 1: ~ Prior code S18.571.
8.20.025 Vendtng Vehicles-Restrictions near elementaP/school facilities.
A. No person shall stop or park a food rending vehicle on a public street
within 500 feet of any elementary school property boundary in the City of
Chula Vista between the hours of 7:00 a.m. and 4:00 p.m. on regular
school days.
B. "Elementary School" means all public or private schools tn which
Instruction is given through grade 8 or tn any one or more of such
grades, unless grades 7 and 8 attend a Junior high school. (Ord. 2_122,
1985}.
8.20.030 Vending vehicles-Parking and stopping regulations.
No person shall stop or park a food vending vehicle on a public
thoroughfare for the purpose of selling, giving away, displaying or offering
for sale any food or beverage product exce t for a period of time sufficient
to consummate an immediate sale or sales. ~o h or
person s all stop, park cause
any food rending vehicle to remain on any public property except pursuant to
the order of a lawful authority or for the purpose of making emergency repairs
to the vehicle; in no event shall any person sell or give away any food or
beverage product from a food vendtng vehicle while on any public property
other than a thoroughfare. No person shall stop, park or cause a food vending
vehicle to remain on any private property for the purpose of selling, giving
away, displaying or offering for sale any food or beverage product to any
person other than the owner of such property or his agents, customers or
employees. (Ord. 855 S2 (part), 1963; prior code S15.61}.
8,20.040 Vendfng vehtcles-CompHance vtth certatn regulations required.
Food vendtrig vehicles shall comply with all provisions of this code and
other ordinances of the city regulating food rending establishments insolaf as
such regulations are applicable to vendtrig vehtcles and the operation
55
thereof. (Ord. 8 S2 (part), 1963; prior code S15.62).