HomeMy WebLinkAboutOrd 1992-2537 ORDINANCE NO. 2537
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE
5 AND CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO BUSINESS LICENSE TAXES AND REGULATIONS
SECTION I: That Chapters 5.02, 5.04, 5.06, 5.07, 5.42, 5.46, 5.60, and 5.65
of Title 5 of the Chula Vista Municipal Code are hereby amended to read as set
forth in Attachment III, a copy of which is attached hereto and incorporated
herein by reference as if set forth in full.
SECTION II: Pursuant to the provisions of Charter Section 312(d)(3), this
ordinance shall take effect and be in full force immediately upon the
introduction and adoption hereof, which occurred at a single meeting of the City
Council upon the passage hereof by at least three affirmative votes, because it
increases and fixes the rate of taxation for business license taxes.
App d as to fo ,~
Presented by ,~~,~ ~ ~ J
Cheryl~Uchter Bruce M. Boogaard "
Revenue Manager City Attorney
Ordinance No. 2537
Page 2
Title 5
BUSINESS LICENSES TAXES AND REGULATIONS
Chapten~
5.02 Business Licenses Generally.
5.O4 Lice~se Taxes Generally.
5.06 Downtown Improvement District Assessment Payments.
5.07 Master Tax Schedule.
5.10 Ambulances.
5.12 Amusement Arcades.
5.13 Rental Businesses.
5.14 Art Figure Studios.
5.15 Repealed.
5.18 Billiards and Pool Halls.
5.20 Cardrooms.
522 Circuses, Shows, Concerts, and Special Events.
524 Merchandise Coupons.
5.26 Public Dances.
5.28 Firearms Sales.
5.30 Franchises.
5.32 Garage Sales.
5.34 Manufacturers ....
5.35 Bathhouses.
5.36 Massage 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.
S.46 Real Estate Salespersons.
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 Vending, Newsracks, Weighing, Music, Amusement, Video l~mchines.
5.61 Pool and Billlard Tables.
5.62 Vending Vehicles.
5.63 Offsite Multiuser Hazardous Waste Facilities.
5.64 Consulher Commodities Price Marking.
5.65 Out-of-City Delivery Vehicles.
NOTE: Footnotes are numbered throughout the text and are located at the end of this tide.
Ordinance No. 2537
Page 3
Chapter 5.02
BUSINESS LICENSES GENERALLY1
Sections:
5.02.010 Purpose and intent-Deftrfirions.
5.02.020 Required-Exemptions.
5.02.030 Separate license for each place of business-Scope-Exceptions.
5.02.040 Application-Contents required-Investigation Fee{s).
5.02.050 IssuancePrerequisites and procedure generally.
5.02.060 Issuance-Compliance with state and local regulations required.
5.02.070 Issuance-Effect of prior licensing by state.
5.02.080 Issuance-Void where
5.02.090 Issuance-Approval of police chief required.
5.02.100 Denial of license-Criteria-Notice required.
5.02.105 Criminal conduct-lneligibflity for city licenses and permits.
5.02.110 Denial of license-Appeal-Hearing-Notice required.
5.02.120 Form and contents of license.
5.02.130 Use of fictitious name prohil~ited where
5.02.140 Validity-License nonassignable and nontransferable.
5.02_150 Change of location permitted when-Fee.
5.02.160 Posting-Required.
5.02.170 Falnl~ition on demand required.
5.02.180 Revoca~on-Criteri~
5.02.190 Interstate commerce identification card required when- Application-Contents-Fee.
5.02.200 Unlawful activities not anthorized-Licensing prohil~ited.
5.02.210 Certain machines and contrivances-Licensing prohibited.
5.02.220 Specific provisions of chapter to control.
5.02.230 Enforcement and inspection duty.
5.02.240 Failure to display license deemed violation.
5.02.O10 Purpose and intent-Definitions.
The provisions of Title 5 and Sections 8.20,020 and 9.13,030, except as specifically noted, are enacted
to raise revenue for municipal purposes. For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A. "Average number of employees" means, for the purpose of determining the average number of
employees employed during the year, the number of persons employed at or near the fifteenth day of
each month during the year in which business is transacted within the city shall be added together,
and the sum total shall be divided by the number of months or fractions of months such business was
in operation, fractions omitted.
B. "Business" includes every pursuit, trade, occupation, avocation, employment, business or calling.
C. "Employee" is defined as any person acting within the scope of the employer's business within the
limits of the city.
D. "Established place of business" is the place actually occupied either continuously or at regular periods
by any person required to be licensed pursuant to this chapter and where such person's books and
records are kept and a large share of his business transacted.
Ordinance No. 2537
Page 4
E. 'Occasional sale and delivery" is defined as those trips or deliveries beginning or ending at points
within the city occurring not more than once in any given quarter during the calendar year.
F. "Peddler" includes any person, whether a resident of the city or not, who goes from house to house
or from place to place conveying goods, wares or merchandise, or offering the same for sale, or
making sales and delivering articles to purchasers. It does not include vendors of milk, bakery
products, produce, groceries, ice cream or ice, who distribute their products to regular customers on
established routes.
G. 'Rental business.' An owner will be deemed to be engaged in rental business if he holds out for rent
or lease three or more residential units located on one parcel or on contiguous parcels of land.
H. 'Retail business" or 'retail sales" is deemed to include all sales of goods, wares, merchandise or
services to a consumer.
1. "Solicitor" includes any person, whether a resident of the city or not, who goes from house to house
or from place to place soliciting or taking orders for sales of goods, wares or merchandise, personal
property of any nature whatsoever for future delivery, or for service to be performed in the future,
whether or not such individual has, carries or exposes for sale a sample of the subject of such order
or whether he is collecting advance payments on such orders; or who solicits, takes or attempts to take
public opinion polls, consumer surveys or by such contracts attempts to secure similar information.
Such definition includes any person who uses any building, motor vehicle or other place within the
city for the primary purpose of exhibiting samples and taking orders for future delivery, or one who,
as an invitee of a purchaser or prospective purchaser or otherwise, solicits a sale or who exhibits any
sample or gives a demonstration or makes a delivery within this city after a purchaser or prospective
purchaser has been solicited or contacted by telephone, correspondence or other method of
communication from within the city. Such definition includes the term "canvasset"; provided however,
that said definition does not include insurance salesmen who are, by law, exempt from licensing
requirements.
J. "Transient merchant" includes any person, whether a resident of the city or not, who engages in a
temporary business of selling and delivering goods, wares and merchandise within the city and who,
in furtherance of such purposes, leases, uses or occupies any building, motor vehicle, public room in
a hotel, or shop or other place within this city for the exhibition and sale of such goods, wares and
merchandise, either privately or at public auction; provided however, that such definition shall not
be construed to include any person who, while occupying such temporary location, does not sell from
stock, but exhibits samples for the purpose of securing orders for future delivery only. The person so
engaged is not relieved from complying with the provisions of this chapter merely by reason of
associating temporarily with any local dealer, merchant or auctioneer, or by conducting such transient
business in connection with, as a part of, or in the name of any local dealer, merchant or auctioneer.
K. "Wholesale business" or "wholesale sales" is deemed to include all sales of goods, wares, merchandise
or services to a retailer.
L. "Vending vehicle" means a vehicle from which any goods, other than foodstuffs are sold, given away,
displayed or offered for sale at retail.
M. "Out-of-city delivery vehicle" includes all vehicles entering the City to deliver merchandise purchased
outside of the City to a location within the City more frequently than once per quarter per year.
(Ord. 2537 §1 (part), 1992; Ord. 1801 §1 (part), 1978; Ord. 1293 §1 (part), 1970; Ord. 1243 §1 (part),
1969; prior code §18.1).
Ordinance No. 2537
Page 5
5.02.020 Required-Exemptions.
It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for
any other person, within the corporate limits of the city to transact, engage in, or carry on any business,
show, exhibition or game hereinafter specified without first having procured a license therefor, as in this
title and Sections 8.20.020 and 9.13.030 required; provided however, that insurance salesmen and brokers
are not required to obtain a business license by virtue of lawful exemption from such provisions and fury. her
they shall not be required to obtain a solicitox~s identification card as set forth in this chapter. (Ord. 2537
§2 (part), 1992; Ord. 2801 §1 (part), 1978; Ord. 1243 §1 (part), 1969; prior code §18.2).
5.02.030 Separate license for each place of business-Scope-Exceptions.
A separate license shall be obtained for each separate business, or each branch establishment or
separate place of business in which a business, show, exhibition or game is transacted, conducted or carried
on, and shall authorize the licensee to transact, conduct or carry on only that business, show, exhibition or
game described in such license. Any person conducting more than one business in the same storeroom shall
not be required to pay more than one license tax; provided further, that such additional business so
conducted by him shall be one that is ordinarily and customarily conducted in connection with such other
business. (Ord. 1801 §1 (part), 1978; prior code §18.3).
5.02.040 Application-Contents required-Investigation Fee(s}.
Before any license is issued to any person, such person shall make written application therefore to the
finance officer of the city. Such application shall:
A. State the nature or kind of business or enterprise for which the license is required;
B. State the place where such business or enterprise will be transacted or carried on;
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,
Ordinance No. 2537
Page 6
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 carried on business immediately preceding
the date of application and the addresses from which such business was conducted in those cities,
8. At the time of Filing the application, the Required Fee(s) 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,
10. At the time such application is filed, the applicant shall furnish his fingerprints to the police
department of this city.
(Ord. 2537 §1 (part), 1992; Ord. 2506 §1 (part), 1992; Ord. 2408 §1 (part) 1990; Ord. 1801 §1 (part),
1978; Oral. 970 §1 (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 of the proposed
business has been reviewed by both the department of building and housing inspection and the planning
department any other department deemed appropriate by the finance director, and has been approved in
accordance with the provisions of the building code, the zoning ordinance and any other applicable code.
(Ord. 2537 §1 (part), 1992; Ord. 2191 §1 (part), 1987; Ord. 1293 §1 (part), 1970; prior code §18.5).
5.02.060 Issuance-Compliance with state and local regulations required.
No license shall be issued unless a full compliance is had with all the laws of the city and state, and
where laws of the state require a person to be licensed under and by virtue of its laws, the same shall be
a condition precedent to the granting of a license by the city, and if an applicant so required to be licensed
by the state has failed to comply with the laws of the state, no license shall be issued by the city. No license
issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of
any illegal or unlawful business operated in contravention of any of the laws of the city. (Ord. 2537 §1
Cpart), 1992; Ord. 1293 §1 (part), 1970; prior code §18.6).
5.02.070 Issuance-Effect of prior licensing by state.
Wherever an applicant for a license to do business in the city is licensed to do business under the laws
of the state, a license to do business within the city shall not be denied. (Prior code §18.7).
5.02.080 Issuance-Void when.
If any such license has been issued through error, the same shall be void and of no force and effect.
(Prior code §18,8).
Ordinance No. 2537
Page 7
5.02.090 Issuance-Approval of police chief required.
Licenses applied for under Section 5.02.040E shall be issued only upon written approval of the chief
of police. (Ord. 1801 §1 (part), 1978; prior code §18.9).
5.02.100 Denial of license-Criteria-Notice required.
The chief of police may deny the issuance of any license referred to in the preceding section to any
applicant who in his discretion is not a fit and proper person to manage or conduct such business or
occupation and/or ff such business would be detrimental to the health, welfare or interest of the city. The
finance officer shall notify the applicant of the denial of the license by delivering a notice of such denial to
the applicant. Delivery of such notice may be made personally or by placing such notice in an envelope,
properly addressed to such applicant, with postage prepaid, sealed and deposited in the United States mail.
(Prior code §18.10).
5.02.105 Criminal conduct-lndigibility for city licenses and permits.
A. Except as otherwise provided in this chapter, conviction (including pleas of guilty and nolo
contendere) of a felony or misdemeanor shall be prima facie disqualification of an applicant for the
following city licenses or permits: ambulances, amusement devices, art figure studios, auctions and
auctioneers, automobiles for hire, billiards, bowling and poolhalls, cardrooms, circuses and shows,
merchandise coupons, firearms sales, massage parlors, pawnbrokers, secondhand and junk store
dealers, race tracks, taxicabs.
B. The chief of police, however, may disregard such conviction if it is found and determined by the chief
of police that mitigating circumstances exist. In making such determination, the chief of police shall
consider the following factors:
1. The type of business license or permit for which the person is applying;
2. The nature and seriousness of the offense;
3. The circumstances surrounding the conviction;
4. The length of time elapsed since the conviction;
5. The age of the person at the time of the conviction;
6. The presence or absence of rehabilitation or efforts at rehabilitation;
7. Contributing social or environmental conditions.
C. The chief of police shall give notice of disqualification to an applicant disqualified under this provision.
Such notice shall be in writing and delivered personally or mailed to the applicant at the address
shown on the application.
D. An applicant who is disqualified for a city business license or permit under this provision may appeal
such determination of disqualification. Such appeal shall be in writing and filed with the city manager
within ten days of the date of the notice of disqualification. The city manager shall hear and
Ordinance No. 2537
Page 8
determine the appeal within ninety days after it is filed. The determination of the city manager on
the appeal shall be final.
E. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the city are
authorized to have access to and to utilize state summary criminal history information when it is
needed to assist them in fulfilling licensing duties set forth in this section: city manager, assistant city
manager, director of fmance, chief of police, city attorney.
COrd. 1743 §1, 1977).
5.02.110 Denialoflicense-Appeal-Hearing-Noticerequired.
An applicant, upon denial of such license, shall have the right to appeal to the council from such
denial of the chief of police by the filing of a notice of appeal and stating the grounds therefor. Such appeal
shall be filed with the city clerk w/thin fifteen days after notification of denial of the license.
The city clerk shall refer the same to the council for hearing, and such applicant shall be notified in
writing by the city clerk of a time, date and place of hearing. Upon good cause being shown, the council
may at its discretion set another time for such hearing, and at the time of such hearing, the council shall
hear and determine the evidence presented at such appeal. The council shall have the power at such
hearing to deny the issuance of such license or grant the same, and its decision shall be final. (Prior code
§18.11).
5.02.120 Form and contents of license.
All licenses issued under and by virtue of this title and Sections 8.20.020 and 9.13.030 shall be printed
in blank form and shall set forth the name of the party to whom the license is issued, the nature of the
business that he is licensed to pursue, the location of the place of business, the length of time for which the
same is granted, the date of issuance, the amount of tax paid therefor, and any conditions which have been
imposed by the city.
Such licenses shall be issued in duplicate, the original of which is to be delivered to the licensee.
COrd. 2537 §1 (part), 1992; Ord. 2065 §1, 1984; Ord. 1801 §1 (part), 1978; prior code §18.12).
5.O2.130 Use of fictitious name prohibited when.
No license shall be issued to any person transacting business under a fictitious name unless an
affidavit is filed in the office of the county clerk showing the true name of the owners of such business;
provided, however, that such license may be issued in the true names of all the owners of such business,
show, exhibition or game, without the filing of such affidavit. (Prior code §18.13).
5.02.140 Validity-License nonassignable and nontransferable.
Each license granted or issued under the provisions of this title and Sections 8.20.020 and 9.13.030
shall authorize the licensee to transact or carry on the business or calling therein designated, and at no other
place, and such license shall not be assignable or transferable. COrd. 2537 §1 (part), 1992; Ord. 1801 §1
(part), 1978; prior code §18.14.)
Ordinance No. 2537
Page 9
5.02.150 Change of location permitted when-Fee.
A change of location shall be allowed to the owner of any license under the provision of this title and
Sections 8.20.020 and 9.13.030, upon the payment to the director of finance of the Required FeeCs) and
upon the approval of the director of planning. COrd. 2537 §1 (part), 1992; Ord. 2506 §1 Cpart), 1992; Ord.
2408 §1 (part), 1990; Ord. 1801 §1 (part), 1978; prior code §18.15).
5.02.160 Posting-Required.
All licenses issued under the provisions of this title and Sections 8.20,020 and 9.13,030 shall be posted
and kept in a conspicuous place at the place of business of the licensee named therein during the period
such licenses are in force and effect, except as in the chapter otherwise specifically provided. COrd. 2537
§1 Cpart), 1992; Ord. 1801 §1 (part), 1978; prior code §18.29).
5.02.170 Exhibition on demand required.
Every licensee under the provisions of this title and Sections 8.20.020 and 9.13.030 shall produce and
exhibit the license issued to such licensee whenever requested to do so by any police officer, firefighter, fire
marshal, business license enforcement officer, code enforcement officer, or designee of the Director of
Finance of the city. COrd. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 1990); prior code §18.30).
5.02.180 Revocation-Criteria~
Every license issued under and by virtue of the provisions of this title 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 code. Following such revocation, no new license shall be issued for one year from the
effective date of revocation. If, subsequent to revocation, the director of finance finds that the basis for the
revocation 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. COrd. 2191 §1 (part), 1987; Ord. 1801 §1 (part), 1978;
prior code §18.31).
5.02.190 Interstate commerce identification card required when-Application-
Contents-Fee.
None of the license taxes provided for by this title and Section 8.20.020 shall be so applied as to
occasion an undue burden upon interstate commerce and no solicitors who are engaged in interstate
commerce shall be required to obtain a license as required herein; provided however, that all solicitors as
defined in Section 5.02.010 are required to register with the chief of police and to obtain an identification
card. Applicants for such police identification cards shall be required to furnish an application containing
the following information:
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;
Ordinance No. 2537
Page 10
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 ff so, the details in general of such convictions, and specifying the particular crimes or
misdemeanors involved and the dates and places of such convictions.
The Required FeeCs) shall be charged by the chief of police. The identification card shall be valid for
one year.
{Ord. 2506 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 1961 §1 (part), 1982; Ord. 1801 §1 (part),
1978; Ord. 970 §1 (part), 1966; Ord. 942 §1 (part), 1965; prior code §18.34).
5.02~,00 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 wade, calling, occupation, game or amusement, and every such wade, calling, occupation,
game or amusement is prohibited, and no license shall be granted or issued therefor. (Ord. 1801 §1 (part),
1978; prior code §18.35).
5.02.210 Certain machines and conlrivances-Licensing prohibited.
Nothing in this tide 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 9 of this code.
(Ord. 1801 §1 (part), 1978; prior code §18.36).
5.02.220 Specific provisions of chapter to con~ol.
All specific provisions of this title and Section 8.20.020 shall control over general provisions thereof.
(Ord. 1801 §1 (part), 1978; prior code §18.37).
5.02.230 Enforcement and inspection duty.
All police officers, firefighters, fire marshals, business license enforcement officers, code enforcement
officers, and designees of the Director of Finance of the city shall have and exercise the power and duty 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-entty provisions at Section 1.16.010 of this code and if such person shall then and there fail to
exhibit such license, such person shall then be liable to the penalty provided for a violation of this chapter.
All police officers, firefighters, and fire marshalis shalI have and exercise the power and duty to cause
complaints to be filed in a court of competent jurisdiction against all persons violating any of the licensing
provisions of this chapter.
All palice officers, of the city shall have and exercise the power and duty to make arrests for violations of
this chapter.
(Ord. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 2990; prior code §18.38).
Ordinance No. 2537
Page 11
5.02.240 Failure to display license deemed violation.
Failure to display a license as provided in this title and Sections 8.20,020 and 9.13.030 shall constitute
a violation of this chapter. (Ord. 2537 §1 (part), 1992; Ord. 1801 §1 (part), 1978; prior code §18.72).
Chapter 5.04
LICENSE TAXES GF2qERAILY
Sections:
5.04.001 Evidence of doing business.
5.04.002 New business-taxes-when payable.
5.04.003 Payment of license tax does not confer license or permit rights.
5.04.010 Rates-Genexally.
5.04.015 Amounts and terms to be as provided in chapter-Rebates.
5.04.020 Payment-Due when-Term-Ddinquent when.
5.04.025 Payment-Quarterly licenses-Method.
5.04.030 Penalties for failure to pay business liceuse tax on or before ddinquency date.
5.04.040 License tax deemed debt to city-period-applies to liceused and unlicensed businesses.
5.04.045 License tax deemed debt to city-Actions for collection.
5.04.050 Assessment error not to prevent collection of ta~
5.04.060 Revocation of license-When.
5.04.065 Revocation of license-Notice required-Hearing.
5.04.070 Collection and Disposition of fun&.
5.04.080 Payment-W alvec authorized when.
5.04.085 Promotional events and charitable org-dnizatious.
5.04.090 Duplicate licenses-Fee.
5.04.140 Rates-For businesses with fixed location in city.
5.04.145 Rates-For Offsite, Multiuser Hazardous Waste Fac~ities.
5.04.150 Rates-For new 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.
5.04.001 Evidence of doing business.
When any person or firm by use of sings, circulars, cards, telephone book, or newspapers, advertises,
holds out, or represents that such a person is conducting a business within the City, or when any person
holds an active license or permit issued by a governmental agency indicating that such person is in business
within the City, or when any person indicates any other evidence of transacting and carrying on business
as may be defined elsewhere herein and such person fails to deny by a sworn statement given to the Director
of Finance that he is not conducting a business within the City, after being requested to do so then the
foregoing facts shall be considered prima facie evidence that such person is conducting a business within
the city.
A license issued during any prior year to the same owner, tenant, or occupant for the same place of
business shall be prima facie evidence in any court or administrative proceeding that the business was
Ordinance No. 2537
Page 12
continuously operatedbythe same person or firm ffomsaid prior yeartothe cu~entyear. (Ord. 2537 91
Cpan), 1992).
5.04.002 New businesses-taxes-when payable.
Initial business license taxes are due and payable prior to issuance of the license for which application
is made. The payment of such taxes shall not in any way constitute a right or permission to begin
operations of said business. However, taxes will be refunded for any business which is denied a license and
never opens for opertions or conducts business within the city. COrd. 2537 91 (parQ, 1992).
5.04.003 Payment of license taxes does not confer license or permit rights.
Payment of business license taxes is a requirement, not a license, to transact and carry on any business
activity within this city. The business license tax reciept is evidence only of the fact that such tax has been
paid. Neither the payment of the tax nor possession of the business tax reciept authorizes, permits or allows
the doing of any act which the person paying or holding the sme would not otherwise be entitled to do; and
any business license, permit, variance or other instrument of approval or evidence that any conditions exists
as required by any other section of this code or by any statute or code provisions of the state must first be
obtained or complied with before the doing of any act or thing for which it is required. COrd. 2537 91
(part), 1992).
5.04.010 Rates-Generally.
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 in this title and Sections
8.20.020 and 9.13.040, shall be as hereinafter provided in this rifle and the sections cited above. COrd. 2537
§1 (part), 1992; Ord. 2408 91 (part), 1990; Ord. 1801 92 (part), 1978).
5.04.015 Amounts and terms to be as provided in rifle-Rebates.
No greater or lesser amount of money shall be charged or received for any license than is provided
Ln this title and Sections 8.20.020 and 9.13.030, and no license shall be sold or issued for any part of time
.>ther than is provided in this title and the section cited above, and there shall be no rebate given for any
~nused portion of the term except as in this title and the sections cited above otherwise specifically provided.
lord. 2537 91 (part), 1992; Ord. 1801 92 (part), 1978).
!5.04.020 Payment-Due when-Term-Delinquent when.
Except as otherwise provided in this code, all business license taxes 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. COrd. 2537 §1 (part), 1992; Ord. 1801 §2 (part), 1978)
Ordinance No. 2537
Page 13
5.04.025 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 March, 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. 2537 §1 (part), 1992; Ord. 1801 §2 (part), 1978).
5.04.030 Penalties for failure to pay business license tax 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
month thereafter; provided, that the amount of such penalty to be added shall in no event exceed sixty
percent of the business license tax to which the penalty rates herein provided 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 written request therefor is filed with the director
of finance prior to the delinquency date.
(Ord. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 1801 §2 (part), 1978).
5.04.040 License tax deemed debt to city-period-applies to licensed and unlicensed business.
Any person who shall commence, engage, transact and carry on any wade, calling, profession,
occupation or business within the City without first having procured a business license from the city to do
so, shall be assessed taxes and penalties, which amount shall be calculated for the period beginning with
the quarter in which the commencement of business activity within the city began and ending with the
expiration of the current annual licensing period. Provided, however, that the start of such period shall not
exceed three years prior to the date of notification of violation. Such taxes and penalties to be collected,
and the amount thereof to be enforced, in the same manner as business license taxes are collected and the
payment thereof enforced for licensed businesses. (Ord. 2537 §1 (part), 1992).
5.04.045 License tax deemed debt to city-Actions for collection.
The amount of any license tax imposed by this title and Sections 8.20.020 and 9.13.030 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 canying 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 amount of any delinquent license tax penalties,
and administrative costs incurred in connection therewith, including attorneys fees. 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. 2537 §1 (part), 1992; Ord. 1801 §2 (part),
1978).
5.04.050 .4ssessment 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 Sections 8.20.020 and 9.13.030 prevent the collection by the city of an
Ordinance No. 2537
Page 14
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. (Ord. 2537 §1 (part), 1992; Ord. 1801 §2 {part), 1978).
5.04.060 Revocation of license_When,
Any license for which license tax 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 Sections 8.20.020 and 9.13.030, after such license has become delinquent. COrd. 2537 §1 (part),
1992; Ord. 1801 §2 (part), 1978).
5.04.065 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 and be heard by the council. In the event that the licensee 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. 2537 §1 (part), 1992; Ord. 1801
§2 (pan), 1978).
5.04.070 Collection and disposition of fun& collected.
The Director of Finance shall collect all monies specified under this ti~e and Sections 8.20,020 and
9,13.030 for all business license taxes and penalties and deposit these monies into the General Fund within
five business days. (Ord. 2537 §1 (part), 1992; Ord. 1801 §2 (part), 1978).
5,04.080 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 required by this title to be paid by any religious, charitable, fraternal, educational,
military, state, county or municipal organization for the conducting or staging of any entertainment,
dance, 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 major 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
Ordinance No. 2537
Page 15
evidence or other information which satisfies him that the conditions set forth in sections A and B
exist, except that the city manager's approval may be substituted for that of the city council, and when
such application has received the written approval of the chief of police.
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.
(Ord. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 1801 §2 (part), 1978).
5.04.085 Promotional 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 more 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.
(Oral. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 2113 §1, 1985).
5.04.090 Duplicate licenses-Fee.
The director of finance shall charge the Required Fee(s) 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. 2537 §1 (part),
1992; Ord. 2506 §1 Cpart), 1992; Ord. 2408 §1 (part), 1990; Ord. 1801 §2 (part), 1978).
5.04.140 Rates-For New businesses with fixed location in city.
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:
Except as otherwise provided herein and specifically enumerated, the tax shall be an mount
as presently designated, or as may in the future be amended, in the Master Tax Schedule,
Section 5.04.140.
(Ord. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 1801 §2 (part), 1978).
Ordinance No. 2537
Page 16
5.04.145 Rates-For Off~ite, Multiuser Hazardous Waste Facilities.
A. Gross Receipts Tax Rate.
The tax shall be equal to 3.0% of the facflity'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 derived
from the recycling of hazardous wastes or the treatment of infectious wastes.
B. Payment 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 shall be based on the actual amount of gross 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 deEme 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 such tax, as estimated, shall be the tax due for that year. The taxpayer shall
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 which 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 ascertainmerit.
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.
E. Records Inspection.
The provisions of Section 5.04.180, "Records-Inspection Required-Violation -Penalty', shall apply to
instances where the business license tax is based on gross receipts.
F. Confidentiality 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 information as may be reasonably necessary in any proceeding brought to
determine the existence or amount of any license tax liability of the particular taxpayer;
Ordinance No. 2537
Page 17
2. the disclosure of the names and addresses of persons to whom licenses have been issued and the
general type or nature of their business;
3. the disclosure of general statistics pertaining to groups of businesses.
(Ord. 2537 81 (part), 1992; Ord. 2401 81, 1990).
5.04.150 Rates-For new businesses with no fixed location in city.
In the event no fixed or established place of business 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
Master Tax Schedule, Section 5.04.150;
B. For retail route deliveries and retail routemen, an amount as presently designated, or as may in the
future be amended, in the Master Tax Schedule, Section 5.04.150;
C. For all other businesses, including 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.
D. Business license taxes for businesses with no fixed location within the city will offered on an annual
or quarterly basis.
(Ord. 2537 §1 (part), 1992; Ord. 2408 81 (part), 1990; Ord. 1801 82 (part), 1978).
5.04.160 Renewal procedure-Rates.
A. For every person operating any business classified under Sections 5.04.140 and 5.04.150, who is
applying for a renewal of license, such licensee shall when applying pay a license tax as presently
designated, or as may in the future be amended, in the Master Tax Schedule, Section 5.04,160.
Licenses for business with no fixed location within the city nay be issued on a quarterly or annual
basis.
B. The provisions of this section do not apply to licenses due under Chapter 5.40 of this code.
(Ord. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 1801 §2 (part), 1978).
5.O4.170 New businesses-Licensing procedure.
A. If any person commences a new business during the calendar year his license shall be prorated on a
quarte~y 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. 2408 81 (part), 1990; Ord. 1801 82 (pan), 1978).
Ordinance No. 2537
Page 18
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 Iicensee therein named shall
on the request of the director of finance then and there submit for inspection to the director of f'mance any
and all books, papers, accounts and records including state and federal income tax returns, social security
renarns and state sales tax renarns 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 evenra licensee fails to comply with the provisions of this section, such licensee shall then be liable
to the penal provisions set forth in Section 1.20.010, and shall be liable for and shall pay an additional sum
in an amount equal to one hundred percent of the correct license tax, together with the correct amount of
such license tax as based upon the actual number of employees for such business during the calendar year
for which such license was issued. (Ord. 2408 §1 (part), 1990; Ord. 1802 §2 (pan:), 1978).
Chapter 5.06
DOWNTOWN IMPROVEMENT DISTRICT
,~E~SF3SMENT PAYMENTS
Sections:
5.06.010 Repealed.
5.06.020 Downtown Improvamant District 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.
5.06.010 Business license tax defined.
(Section repealed by Ordinance No. 2408 §1 (part), 1990; Ord. 1964 §2, 1982; Ord. 1885 {)2, 1979;
Ord. 1372 §2, 1971).
5.06.020 Downtown Improvement District Assessment.
An additional assessment is imposed upon businesses located within said area. The additional
assessment shall be as follows:
A. Class A. Professions: accountant, anesthesiologist, architect, appraiser, assayer, attorney, auditor,
bacteriologist, chemist, chiropodist, chiropractor, consultant, dentist, medical doctor, engineer,
entomologist, estheticjan, geologist, holistic health practitioner, 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 the Required Assessment(s).
B. Class B. All other businesses located within the downtown parking and improvement area, known as
the downtown business area, shall pay the Required Assessment(s).
Ordinance No. 2537
Page 19
Said additional Downtown Improvement District Assessment shall be collected at the same time with
the general business license tax.
{Ord. 2537 §1 (part), 1992; Ord. 2506 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 2030 §1, 1983; Ord.
1964 §3, 1982; Ord. 1885 §3, 1979; Ord. 1715 §1, 1976; Ord. 1658 §1, 1975; Ord. 1584 §1, 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. 2408 §1 (part), 1990; Ord. 1964 §4, 1982;
Ord. 1885 §4, 1979; Ord. 1372 §4, 1971).
5.06.040 Exempt businesses or insfitutious.
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. (Ord. 2408 §1 (part), 1990; Ord. 1964 §5, 1982; Ord. 1885 §5,
1979; Ord. 1372 §5, 1971).
5.06.050 Assessment for premises with multiple business licenses.
If more than one business is being conducted at a single address and more than one business license
has been issued to the proprietor of a single business premises, the assessment for the downtown
improvement district shall be levied set based on the business for which the highest assessment would be
paid. (Ord. 2408 §1 (part), 1990; Ord. 1964 §6, 1982; Ord. 1885 §6, 1979; Ord. 1372 §6, 1971).
Ordinance No. 2537
Page 20
Ordinance No. 2537
Page 21
Ordinance No. 2537
Page 22
Ordinance No. 2537
Page 23
Chapter 5.42
PROFESSIONS19
Sections:
S.4~.010 License tax required.
5.42.010 License tax required.
A. Every person conducting, managing, carrying on or engaged in any business hereinafter enumerated
in this section shall pay a license tax as presently designated, or as may in the future be amended, in
the Master Tax Schedule, Section 5.42.010:
1. Accountant;
2. Anesthesiologist;
3. Appraiser;
4. Architect;
S. Assayer;
6. Attorney at law;
7. Auditor;
8. Bacteriologist;
9. Chemist;
10. Chiropodist;
11. Chiropraetor;
12. Consultant;
13. Dentist;
14. Doctor of medicine;
1S. Engineer-Civil, electrical, mining, mechanical, chemical, structural consulter hydraulic;
16. Entomologist;
17. Estheticjan;
18. Geologist;
19. Holistic health practitioner;
20. Hypnotherapist;
21. Oculist;
22. Optician;
23. Optometrist;
24. Osteopath;
25. Pharmaeist;
26. Physical therapist;
27. Physician;
28. Physiotherapist;
29. Psychiatrist;
30. Psychologist;
31. Psychotherapist;
32. Podiatrist;
33. Real estate broker;
34. Roentgenologist;
35. Social worker;
36. Stock and bond broker;
37. Surgeon;
38. Surveyor;
Ordinance No. 2537
Page 24
39. Taxidermist;
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. 2537 §1 (part), 1992; Ord. 2408 §1 (part), 1990; Ord. 1801 §10, 1978; Ord. 1602 §1, 1974; Ord. 1243
§1 (part), 1969; prior code §18.58).
Chapter 5.46
REAL ESTATE SAI,F_.SPERSONS21
Sections:
5.46.010 License tax required.
5.46.020 Disclosure of Mello-Roos Districts, Assessment Districts and Open Space Districts.
5.46.010 License tax required.
Every person conducting, managing, carrying on or engaged in business hereinafcer enumerated in this
section, shall pay a license tax as presentIy desiffaated, or as may in the future be amended, in the Master
Tax Schedule, Section 5.46.010.
Real estate salespersons.
(Ord. 2537 §1 (part), 1992; Ord. 1801 §11, 1978; prior code §18.59).
VENDING, WEIGHING, MUSIC AMUSEMENT,
VIDEO MACHINES AND NEWSRACKS2s
Sections:
5.60.010 Vending, weighing, music, amusement, video machines and newsracks- License
Tax-Receipts to be atlached to machine.
5.60.020 Repealed.
5.60.030 Repealed.
5.60.040 Repealed.
Ordinance No. 2537
Page 25
5.60.010 Vending, weighing, musk, amusement, video machines and newsracks-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, video machines or newsracks operated by a coin or a slug shall pay
a tax as presently 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. (Ord. 2537 §1 (part), 1992; Ord.
2408 §1 (part), 1990; Ord. 1801 §12 (part), 1978; prior code §18.52).
Chapter 5.65
OUT-OF-CITY DELIVERY VEHICLE
Seetious:
5.65.010 License tax required.
5.65.010 License tax required.
Every out-of-city company delivering merchandide purchased outside of Chula Vista to any Chula Vista
address more than once per quarter per year shall pay a license tax as presently designated, or as may in
the future be amended, in the Master Tax Schedule, Section 5.65.010. (Ord. 2537 §1 (part), 1992).
Chapter 9.13
LIVE ENTERTAINMENT LICENSING AND REGULATIONS
Sections:
9.13.010 Purpose and Intent.
9.13.020 Definitions.
9.13.030 Entertainment license-Required.
9.13.040 Entertainment license-tax-Exemptions.
9.13.050 Application for license-Investigation fee.
9.13.060 Application form.
9.13.070 Verification of application.
9.13.080 Investigation by chief of police.
9.13.090 Allowance or denial of application and appeal.
9.13.100 Liceuse not Wansferable.
9.13.110 Mandatory denial.
9.13.120 Suspension or revocation.
9.13.130 Convictions.
Ordinance No. 2537
Page 26
9.13.140 Noise abatement.
9.13.150 Miscellaneous Riles.
9.13.160 Motion piaures prohibited.
9.13.170 Going business-Enension of time.
9.13.180 Public e~osure proh~'bited where alcoholic beverages consumed.
9.13.190 Simulated public exposure prohibited where alcoholic beverages consumed.
9.13,200 Procuring public exposure unlawful where alcoholic beverages consumed.
9.13,210 Procuring simulated exposure unlawful where alcoholic beverages consumed.
9.13`220 Entertainer-Public exposure prohibited.
9.13`230 Entertainer-Procuring public exposure unlawftd.
9.13.240 Enteffainer-Simulated public exposure prohibited.
9.13`250 Entertainer-Procuring simulated exposure unlawful.
9.13,260 Public exposure prohibited.
9.13,270 Simulated public exposure prohibited.
9.13.280 Procuring simulated public exposure unlawful.
9.13.290 Procuring public exposure unlawful.
9.13.010 Purpose and Intent.
It is the intent of the city council to establish licensing and regulatory requirements for the conduct
of live entertainment or cabaret shows featuring persons dancing, posing or modeling in any place of
entertainment or establishment serving food, beverages, or food and beverages in the city of Chula Vista.
The council intends to establish requirements for licensing, and to establish a prohibition against any such
entertainment performed wholly or partially in the nude by male or female entertainers in any establishment
serving food, beverages, or food and beverages. (Ord. 1833 §1 (part), 1978).
9.13.020 Definitions.
A. "Entertainment" as used in this chapter is defined to mean any act, play, review, pantomime, scene,
song, dance act, song and dance act, or poetry recitation, conducted or participated in by any
professional entertainer featuring dancing, posing or modeling, in or upon any premises to which the
public is admitted, except when conducted by a bona fide nonprofit club or organization as a part of
the social activities of such club or organization, and when conducted solely as a fundraising activity
for charitable purposes.
B. The term "professional entertainer" as used herein means a person or persons who engage for
livelihood or gain in the presentation of such entertainment.
C. "Entertainment" as used in this chapter does not include:
1. Mechanical music and singing alone;
2. Instrumental music and singing alone, except between the hours of two a.m. and six-thirty a.m.;
3. Dancing participated in only by customers; however, this subsection does not exempt exhibition
dancing by a person receiving compensation for such exhibition dancing;
4. A fashion or style show.
(Ord. 1833 §1 (part), 1978).
Ordinance No. 2537
Page 27
9.13.030 Entertainment license-Required.
No person shall conduct, permit or assist in the conducting or the permitting of any entertainment,
as defined in this chapter, to be shown, staged, exhibited or produced in any premises to which the public
is admitted unless and until a live entertainment business license has been obtained. (Ord. 2537 §1 (part),
1992; Ord. 1833 §1 {part), 1978).
9.13.040 Entertainment license-m-Exemptions.
The annual tax for an entertainment license shall be the amount presently designated, or as may in
the future be amended, in the Master Fee Schedule, Section 9.13.040, in addition to any other license tax
required by Title 5. Provided, however, that no such license need be obtained where such entertainment
is conducted by a bona fide charitable, civic, religious, benevolent, patriotic or educational organization or
by the United Service Organization. Any determination as to the exempt status of any applicant shall be
made by the chief of police. (Ord. 2537 §1 (part), 1992; Ord. 1833 §1 (part), 1978).
9.13.050 Application for license-Investigation fee.
The application for any license or permits in this chapter shall be made to the Director of Finance and
shall be accompanied by the required fee(s). (Ord. 2537 §1 (part), 1992; Ord. 1833 §1 (part), 1978).
Ordinance No. 2537
Page 28
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of December, 1992, by the following vote:
AYES: Councilmembers: Fox, Hotton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2537 was approve at a regular
meeting of said City Council held onthe 15th day of December, 1992.
Executed this 15th day of December, 1992.
Beverly A.~Auth~let, City C)erk