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CHAPTER 3
BUSINESS, PROFESSIONS AND TRADESSections:
Part 1. General Provisions and Definitions
§ 6300 Short Title.
§ 6301 Effect of Chapter on Past Actions and Obligations.
§ 6302 Effect of Chapter on Other Ordinance and Laws.
§ 6303 Definitions. «Amended section»
Part 2. Licenses – Provisions Governing
§ 6310 License Required.
§ 6311 Contents of License.
§ 6312 Unlawful Business.
§ 6313 Substitute for Other Provisions.
§ 6314 License Fee Collector.
§ 6315 No License Issued Where Applicant Is Indebted to City.
§ 6316 License Not Transferable.
§ 6317 Duplicate License Fees.
§ 6318 License Fee a Debt.
§ 6319 License Fee Payable in Advance.
§ 6320 Investigations and Inspections.
§ 6321 Preparation and Issuance of Licenses.
§ 6322 Errors in Issuance of Licenses.
§ 6323 Licenses for More than One (1) Business.
§ 6324 Branch Business Establishments – Multiple Licenses.
§ 6325 License Fees – Due Dates.
§ 6326 Delinquency and Penalties – License Fees.
§ 6327 Repealed.
§ 6328 Posting and Keeping License.
§ 6329 Denial of License.
§ 6330 Enforcement Duty.
§ 6331 Enforcement – Inspection – Complaints.
§ 6332 Enforcement Accountant.
§ 6333 Enforcement Remedies.
§ 6334 Deputy License Collectors.
§ 6335 Terms of Licenses.
§ 6336 Application.
§ 6337 Renewal License Application.
§ 6338 License or Renewal License.
§ 6339 General Exemptions.
§ 6340 Limited Exemptions.
§ 6341 Certain Exemptions Under State or Federal Law.
§ 6342 Exempt Licenses to be Endorsed.
§ 6343 Adoption of Regulations by Finance Director.
§ 6344 Statements and Records.
§ 6345 Information Confidential.
§ 6346 Failure to File Statement or Corrected Statement.
§ 6347 Appeal.
§ 6348 Evidence of Doing Business. «Amended section»
§ 6349 Refunds of Overpayment.
§ 6350 Permit Prerequisite.
§ 6351 Additional Power of the Finance Director.
§ 6352 Revenue Measure.
Part 3. License Fees
§ 6360 License Fees – Adoption.
§ 6361 Vending Machines – Fee Collection.
§ 6362 Vending Machines – Identification.
§ 6363 Amusement and Entertainment Machines – Identification.
Part 4. Permit Procedure
§ 6370 Permit Required for Certain Businesses.
§ 6371 Permit Required for Certain Businesses – Separate.
§ 6372 Other Businesses Not Enumerated.
§ 6373 Unlawful Businesses.
§ 6374 Application.
§ 6375 Permit Fee. «Amended section»
§ 6376 Granting or Refusal of Permit.
§ 6377 Real Party in Interest.
§ 6378 Change of Interest.
§ 6379 Change of Advertised Name.
§ 6380 Change in Directors.
§ 6381 Same – Conditions.
§ 6382 Investigation.
§ 6383 Revocation – Suspension – Grounds.
§ 6384 Suspension or Revocation – Capping.
§ 6385 Appeal – Initiation – Contents of Notice of Appeal.
§ 6385.1 Notice of Deficiency.
§ 6385.2 Transmission of Factual Data.
§ 6385.3 Hearing on Appeal – Notice.
§ 6385.4 Hearing.
§ 6385.5 Hearing – Decision.
§ 6385.6 Notice of Decision.
§ 6386 Proof of Notice.
§ 6387 No License to Be Issued.
§ 6388 New License Required.
§ 6389 False Statements.
§ 6390 Posting.
§ 6391 Annual Renewal.
§ 6392 Nontransferability.
§ 6393 Nonprofit Organizations.
§ 6394 Permit Fees – Due Dates.
§ 6395 Delinquency and Penalties – Permit Fees. «Amended section»
§ 6396 Additional Power of the Director of Finance.
Part 5. Businesses, Professions, Trades and Occupations Requiring a Permit
§ 63100 Permit Required. «Amended section»
§ 63101 Advertising – Search Lights. «Amended section»
§ 63102 Advertising – Sound Trucks. «Amended section»
§ 63103 Ambulance Operator. «Amended section»
§ 63103.1 Same – Inspection.
§ 63103.2 Same – Attendant Required.
§ 63103.3 Same – Inspection of Equipment.
§ 63103.4 Same – Return of License Plate.
§ 63103.5 Same – Regulations.
§ 63103.6 Same – Rates.
§ 63103.7 Same – Rebates.
§ 63104 Ambulance Attendant. «Amended section»
§ 63105 Ambulance Driver. «Amended section»
§ 63106 Amusement Center or Arcade. «Amended section»
§ 63107 Amusement and Game Machines. «Amended section»
§ 63107.1 Same – Regulations.
§ 63107.2 Same – Transfer Fee.
§ 63107.3 Same – Penalties.
§ 63108 Auctioneers – Applications. «Amended section»
§ 63108.1 Auctioneers – Bond.
§ 63108.2 Auctioneer – Exceptions.
§ 63109 Auction House – Application. «Amended section»
§ 63109.1 Auction House – Bond.
§ 63110 Auction – Private Residences.
§ 63111 Auction – Goods of One (1) Person.
§ 63112 Auto Body and Fender Shop. «Amended section»
§ 63113 Auto Dismantling. «Amended section»
§ 63114 Auto Painting. «Amended section»
§ 63115 Auto Repair Shop. «Amended section»
§ 63115.1 Auto Repair Shop – Inspection of Records.
§ 63115.2 Same – Itemized Statement.
§ 63115.3 Same – Secondhand Parts.
§ 63115.4 Same – Signs.
§ 63115.5 Same – Revocation of Permit.
§ 63115.6 Auto Repairs – Service Station.
§ 63116 Bath Parlors. «Amended section»
§ 63117 Billiard and Pool Halls. «Amended section»
§ 63117.1 Billiard and Pool Halls – Disorderly Persons.
§ 63117.2 Billiard and Pool Halls – Minors.
§ 63117.3 Billiard and Pool Halls – Obstruction of Entrance.
§ 63117.4 Billiard and Pool Halls – Exceptions.
§ 63117.5 Billiard and Pool Halls – Rules and Regulations.
§ 63118 Bookstores, Including Mail Order Bookstores.
§ 63119 Carnival – Application. «Amended section»
§ 63119.1 Same – Conditions of Permit. «Amended section»
§ 63120 Circuses – Similar Operations.
§ 63121 Dance – Application. «Amended section»
§ 63121.1 Same – Application for Special Dance.
§ 63121.2 Same – Application for Youth Dance.
§ 63121.3 Same – General Regulations.
§ 63121.4 Same – Private Club.
§ 63121.5 Same – Exceptions.
§ 63121.6 Same – Youth Dance Permits.
§ 63121.7 Same – Intoxicated Persons.
§ 63121.8 Same – Refusal to Leave.
§ 63125 Entertainment. «Amended section»
§ 63125.1 Same – Hours.
§ 63125.2 Same – Minors.
§ 63125.3 Same – Free Entrances.
§ 63125.4 Same – Entertainment Class II.
§ 63125.5 Same – Entertainer Permit.
§ 63125.6 Same – Fashion Shows.
§ 63125.7 Same – Standards.
§ 63125.8 Same – Special Conditions or Requirements.
§ 63125.9 Same – Regulations for Nude or Semi-Nude (Class II) Entertainment. «Amended section»
§ 63125.10 Same – Permit Prohibited.
§ 63125.11 Same – Permit Required for Nude or Semi-Nude Entertainer. «Amended section»
§ 63125.12 Same – Regulations – Penalties.
§ 63126 Exhibitions – Shows. «Amended section»
§ 63127 Explosives. «Amended section»
§ 63127.5 Filming. «New section»
§ 63127.6 Filming – Definitions. «New section»
§ 63127.7 Filming – Permit Required. «New section»
§ 63127.8 Filming – Permit Application. «New section»
§ 63127.9 Filming – Permit Rider. «New section»
§ 63127.10 General Requirements for Filming Permits. «New section»
§ 63127.11 Filming – Traffic Control. «New section»
§ 63127.12 Filming – Insurance. «New section»
§ 63127.13 Police, Fire and Other City Personnel. «New section»
§ 63127.14 Nonprofit and Student Filming. «New section»
§ 63127.15 Filming – Permit Denial or Revocation. «New section»
§ 63127.16 Filming – Notification and Appeals. «New section»
§ 63128 Fireworks – Retail.
§ 63129 Fireworks – Wholesale – Storage.
§ 63129.2 Fortune-Telling and Similar Practices. «Amended section»
§ 63129.5 Gun Dealer. «Amended section»
§ 63130 House and Street Numbering. «Amended section»
§ 63130.10 Hypnotism. «Amended section»
§ 63131 Junk Collector – Junk Dealer. «Amended section»
§ 63132 Laundries and Dry Cleaners – Self Service. «Amended section»
§ 63133 Locksmith. «Amended section»
§ 63134 Massage Parlors.
§ 63134.1 Same – Eligibility.
§ 63134.2 Same – Design Standards.
§ 63134.3 Same – Performance Standards.
§ 63134.4 Same – Exception.
§ 63134.5 Repealed.
§ 63134.6 Repealed.
§ 63134.7 Repealed.
§ 63134.8 Repealed.
§ 63134.9 Repealed.
§ 63135 Massage Technicians.
§ 63135.1 Same – Application.
§ 63135.2 Same – Qualifications.
§ 63135.3 Same – Definition.
§ 63135.4 Same – Exception.
§ 63136 Mobile Home Parks. «Amended section»
§ 63137 Motion Picture Theater. «Amended section»
§ 63138 Motor Vehicle Rental. «Amended section»
§ 63139 Patrol System. «Amended section»
§ 63139.1 Same – Application. «Amended section»
§ 63139.2 Same – Evidence to Be Submitted. «Amended section»
§ 63139.3 Same – Investigation by Chief of Police.
§ 63139.4 Same – Terms of Permit.
§ 63139.5 Same – Application to Modify.
§ 63139.6 Same – Personnel.
§ 63139.7 Same – Permit Not to Be Sold.
§ 63140 Patrolman. «Amended section»
§ 63140.1 Same – Application.
§ 63140.2 Same – Badge – Change of Employer.
§ 63140.3 Same – Illegal Activities.
§ 63140.4 Same – Equipment and Uniform.
§ 63140.5 Same – Identification Regulations.
§ 63140.6 Same – Reports.
§ 63141 Pawnbroker, Junk Dealer, Salvage Dealer, Secondhand Dealer, Swap Meet Operator, and Certain Auctioneers – Regulations. «Amended section»
§ 63143 Peddlers.
§ 63143.1 Same – Exceptions.
§ 63143.10 Pony Rides, Kiddie Rides. «Amended section»
§ 63144 Photograph Solicitors. «Amended section»
§ 63145 Rebound Tumbling Center – Operation Requirements. «Amended section»
§ 63145.1 Same – Rules and Regulations.
§ 63145.2 Same – Supervision.
§ 63145.3 Same – Qualifications of Supervisors.
§ 63145.4 Same – Handling and Reporting Accidents.
§ 63145.5 Same – Facilities and Equipment.
§ 63145.6 Same – Restoration of Premises and Bond. «Amended section»
§ 63146 Salvage Dealer or Junk Dealer. «Amended section»
§ 63147 Second Hand Dealers. «Amended section»
§ 63147.5 Skateboard Center or Skating Rink. «Amended section»
§ 63148 Solicitor. «Amended section»
§ 63148.1 Same – Application.
§ 63148.2 Same – Investigation.
§ 63148.3 Same – Permit.
§ 63148.4 Same – Principal Permit. «Amended section»
§ 63148.5 Same – Unlawful Activity.
§ 63148.6 Same – Definitions.
§ 63148.7 Charitable Solicitations – Permit Required.
§ 63148.8 Same – Exemptions.
§ 63148.9 Same – Application for Permit. «Amended section»
§ 63148.10 Same – Investigation.
§ 63148.11 Same – Issuance of Permit.
§ 63148.12 Same – Renewal of Permit by the Director of Finance.
§ 63148.13 Same – Form of Permit.
§ 63148.14 Same – Term of Permits.
§ 63148.15 Same – Permit Nontransferable.
§ 63148.16 Same – Identification Card.
§ 63148.17 Same – Denial of Permits.
§ 63148.18 Same – Revocation of Permits.
§ 63148.19 Same – Appeals from Action of the Director of Finance.
§ 63148.20 Same – Notice of Suspension or Revocation.
§ 63148.21 Same – Books and Records.
§ 63148.22 Same – Report Required for Permit Holder.
§ 63148.23 Same – Manner of Solicitation.
§ 63148.24 Same – Time of Solicitation.
§ 63148.25 Same – Written Receipts Required.
§ 63148.26 Same – Fraudulent Misrepresentation.
§ 63148.27 Same – Authority of the Director of Finance.
§ 63148.28 Same – Penalties.
§ 63149 Sound Vehicles.
§ 63149.1 Same – Permit.
§ 63149.2 Same – Registration Statement.
§ 63149.3 Same – Possession of Copy of Registration Statement.
§ 63149.4 Same – Regulation of Use.
§ 63150 Street Vendors.
§ 63150.5 Tobacco Retailer’s Permit – Purpose. «New section»
§ 63150.5.1 Definitions. «New section»
§ 63150.5.2 Requirements for Tobacco Retailer’s Permit. «New section»
§ 63150.5.3 Application Procedure. «New section»
§ 63150.5.4 Issuance and Renewal of Permit. «New section»
§ 63150.5.5 Permits Not Transferable. «New section»
§ 63150.5.6 Display of Permit. «New section»
§ 63150.5.7 Permit Fee. «New section»
§ 63150.5.8 Permit Violation – Compliance Monitoring. «New section»
§ 63150.5.9 Permit Compliance Incentives. «New section»
§ 63150.5.10 Suspension or Revocation of Permit. «New section»
§ 63150.5.11 Notification and Appeals. «New section»
§ 63151 Tow Truck. «Amended section»
§ 63152 Trash, Solid Waste, Recyclable Materials – Collection. «Amended section»
§ 63152.1 Same – Exclusions.
§ 63153 Waste Disposal Sites – Permit Required.
§ 63153.1 Same – Requisites for Permit.
§ 63153.2 Same – Bond.
§ 63153.3 Same – Amount of Bond.
Part 1. General Provisions and Definitions
§ 6300 Short Title.
Chapter 3 of Article VI of the Carson Municipal Code may be cited as the “Business License Ordinance” of the City of Carson. (Ord. 71-161, § 2)
§ 6301 Effect of Chapter on Past Actions and Obligations.
Neither the adoption of this Chapter nor the repeal hereby of any ordinance or provision of the Carson Municipal Code shall in any manner affect any prosecution for any violation of ordinance or code committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty due and unpaid on the effective date hereof, or of any remedy for enforcement thereof and all rights and obligations pertaining thereto shall continue in full force and effect. (Ord. 71-161, § 2)
§ 6302 Effect of Chapter on Other Ordinance and Laws.
This Chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with any ordinance or provision of the Carson Municipal Code except as herein specifically provided. Where this Chapter imposes a greater restriction upon persons, premises or property than is imposed or required by another ordinance, other provisions of this Code, or law, the provisions of the Business License Ordinance shall apply or control to the full extent permitted by law. (Ord. 71-161, § 2)
§ 6303 Definitions.
For the purpose of the Business License Ordinance, the following terms, phrases, words and their derivation shall have the meaning given herein. 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. The word “shall” is mandatory and not merely directory. (Ord. 71-161, § 2)
§ 6303.1
“Ambulance Driver” shall mean any person who drives an ambulance in which is transported any person needing medical attention which person entered or was placed in such ambulance at a location within the City of Carson. (Ord. 71-161, § 2)
§ 6303.2
“Ambulance Operator” shall mean any person who for any monetary or other consideration, or as an incident to any other occupation, transports persons in one (1) or more ambulances from any location in the City of Carson to any hospital or other place giving first aid or medical treatment, regardless of the location of such hospital or other place. A person who maintains an ambulance or ambulances in connection with the operation by such person of a hospital or first aid station solely for the use of his own employees is not considered to be an ambulance operator. (Ord. 71-161, § 2)
§ 6303.2-1/2
“Apartment House” shall mean any building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as a home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. (Ord. 77-401, § 1)
§ 6303.3
“Auction House” shall mean and include a fixed place of business where any personal property or any real property or interest therein, is sold or offered for sale by public outcry or public auction. An Auction House may include sales of such merchandise and personal property as an incidental part of such public auction business. (Ord. 71-161, § 2)
§ 6303.4
“Auctioneer” shall mean and include any person selling or offering for sale any real or personal property at public auction or by public outcry. (Ord. 71-161, § 2)
§ 6303.5
“Automobile Dismantling” shall mean the disassembling, dismantling or wrecking of motor vehicles, as defined in Section 415 of the California Vehicle Code, or the buying, selling or dealing in any such motor vehicles for the purpose of, or to be used for, such disassembling, dismantling or wrecking, or the storage of any such motor vehicles for such purpose or use, whether for the purpose of dealing in the parts thereof, or using such parts for reconditioning or repair of other vehicles, or for selling or otherwise dealing in such vehicles, or any parts or materials thereof. (Ord. 71-161, § 2)
§ 6303.6
“Automobile Repair Shop” shall mean any place where motor vehicles, as defined by Section 415 of the California Vehicle Code, are repaired for a charge, or, any place where the work of repairing motor vehicles is carried on as an incident to the business of selling new or used motor vehicles, or new or used motor vehicles parts, or as an incident to any other traffic in motor vehicles or their parts or equipment. (Ord. 71-161, § 2)
§ 6303.7
“Average Number of Persons Employed,” when the annual license fee is based upon the average number of persons employed, shall mean the average number of employees, as defined herein, employed daily in the business of the applicant or licensee, and shall be determined as provided in CMC 6363. (Ord. 71-161)
§ 6303.8
“Bankrupt Sales” means the business of owning, opening, establishing, managing, operating, maintaining or having charge of any temporary location or place of business of any kind for the selling of any insolvent, bankrupt, fire damaged or other similar goods, wares, or merchandise, and/or any temporary place where itinerant or transient merchants sell or offer to sell any insolvent, bankrupt, fire damaged or other similar goods, wares or merchandise. (Ord. 71-161, § 2)
§ 6303.9
“Bath Parlor” shall mean a place where water, mud, steam Turkish, Russian, Swedish, or other baths are given to or administered to human beings. (Ord. 71-161, § 2)
§ 6303.10
“Builder” shall mean a person constructing, reconstructing or erecting a building, dwelling, or structure not intended for his own occupancy. (Ord. 71-161, § 2)
§ 6303.13
“Billiard Room” includes “pool room” and means any place open to the public where billiards, bagatelle, or pool table is kept and persons are permitted to play thereon, whether any compensation or reward is charged for the use of such table. “Billiard Room” does not include a place having not more than one (1) standard size pool or billiard table or three (3) three and one-half (3-1/2) foot by seven (7) foot or less pool or billiard tables which are maintained as an incidental activity to some other type of business or activity. (Ord. 71-161, § 2; Ord. 72-241, § 1)
§ 6303.14
“Business, Professions and Trades” as used herein includes all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for the purpose of earning in whole or in part a profit or livelihood whether or not a profit or livelihood is actually earned thereby. Business, professions and trades shall include, but are not limited thereto, trades and occupations of all and every kind of calling carried on within the City of Carson, salesmen, brokers, retailers, manufacturers, processors, wholesalers, vendors, suppliers, peddlers, professions, the renting or supplying of living quarters, or rooms, or board, or both for three (3) or more guests, tenants, or occupiers and any other types of endeavor entered into within the City of Carson for the purpose of earning a livelihood or profit in whole or in part whether paid for in money, goods, labor, or otherwise and whether or not said business, profession or trade has a fixed place of business in the City.
Unless exempted by provisions of this Chapter, a person shall be deemed to be conducting a business, profession or trade within the City if he, or his agents, or employees offer, solicit, sell, contract, construct, make, deliver, repair, or perform other acts or services within the City in respect to such business, trade or profession.
The term “business, profession or trades” shall not apply to any person engaged in a business, profession or trade solely as an employee of any other person conducting, managing or carrying on any such business, trade or profession in the City and where such other person is subject to the terms and provisions of this Chapter. (Ord. 71-161, § 2)
§ 6303.15
“Circus” shall mean and include any tent or canvas enclosure wherein are exhibited acts or feats of horsemanship, trained animals, clown, acrobatic or trapeze performances or such other forms of skill or amusements as are commonly given in rings, and combinations of such entertainments. (Ord. 71-161, § 2)
§ 6303.16
“City” shall mean the City of Carson unless otherwise specified. (Ord. 71-161, § 2)
§ 6303.17
“Code” shall mean the Carson Municipal Code unless otherwise specified. (Ord. 71-161, § 6303.17)
§ 6303.18
“Commence” shall mean and include commence, begin, initiate, start, open and establish. (Ord. 71-161, § 2)
§ 6303.19
“Commission Broker or Merchant” means and includes any person who engages in, carries on or conducts the business of buying or selling produce, foodstuffs or any food product, commodities, goods, wares or merchandise as a broker or agent for the owner or assignor thereof, for a fee or commission, whether or not the operation of such business customarily includes the actual possession, custody or control of such produce, foodstuffs or any food product, commodities, goods, wares or merchandise. (Ord. 71-161, § 2)
§ 6303.20
“Conduct” shall mean and include commence, transact, maintain, prosecute, practice, do, operate and carry on. (Ord. 71-161, § 2)
§ 6303.23
“Chief of Police” shall mean the Chief of Police of the City of Carson and shall include the Sheriff of the County of Los Angeles or his duly authorized officers, deputies and representatives, while performing law enforcement services under contract with the City. (Ord. 71-161, § 2)
§ 6303.24
“Contractor” shall mean any person except a licensed architect or a registered civil engineer acting solely in his professional capacity, who in any capacity other than as the employee of another with wages or salary as his sole compensation, undertakes to, or offers to undertake, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, improvement, or any part thereof, including the erection of scaffolding or other structures or work in connection therewith. Contractor shall include subcontractor or specialty contractor, but shall not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor. (Ord. 71-161, § 2)
§ 6303.25
“Dance Hall, Public,” means a place where dancing is permitted, either for profit or not for profit, and to which the public is admitted either with or without charge, or at which the public is allowed to participate in the dancing, either with or without charge. (Ord. 71-161, § 2)
§ 6303.26
“Dance, Public,” means a gathering of persons in or upon any premises where dancing is permitted either as the main purpose for such gathering or as an incident to some other purpose. (Ord. 71-161, § 2)
§ 6303.27
“Dance, Private,” means a gathering of persons in or upon any premises where dancing is permitted either as the main purpose for such gathering or as an incident to some other purpose, and to which premises only members, pupils, or bona fide guests of a particular club, organization, dancing club, or dancing school are admitted; provided however, that dancing by the occupants of, and guests at, a private residence shall not constitute a private dance as defined herein. (Ord. 71-161, § 2)
§ 6303.28
“Dance, Special,” means an individual public dance or private dance conducted by any person, dancing club, dancing school, or association of persons, dancing clubs or dancing schools, which dance, if authorized, will result in not more than three (3) such dances being held by such persons or group in any three (3) month period. (Ord. 71-161, § 2)
§ 6303.29
“Dance, Youth,” means a public dance or a private dance to which persons under the age of twenty-one (21) years are admitted as participants. (Ord. 71-161, § 2)
§ 6303.30
“Dancing Club” means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests. (Ord. 71-161, § 2)
§ 6303.33
“Dancing School” means any school, class or classes wherein dancing is the principal subject taught. (Ord. 71-161, § 6303.33)
§ 6303.34
“Employee” shall mean all persons engaged in the operation or conduct of any business in the City of Carson, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor, apprentices, trainees, and any and all other person employed or working in said business. (Ord. 71-161, § 2)
§ 6303.35
“Entertainment” means any act, play, review, pantomime, fashion or style show, exhibition dancing scene, song, dance act, song and dance act, or exhibition of motion pictures conducted or participated in or upon any premises to which the public is admitted. Entertainment as used does not include:
(1) Mechanical music alone;
(2) Instrumental music alone;
(3) Dancing participated in only by customers;
(4) Fashion or style shows conducted by a bona fide nonprofit club or organization for charitable purposes. (Ord. 71-161, § 2)
§ 6303.36
“Entertainment Class I” means entertainment not otherwise classified in this Chapter. (Ord. 71-161, § 2)
§ 6303.37
“Entertainment Class II” means entertainment which includes nude or semi-nude persons. “Nude” means completely without clothing or covering. “Semi-nude” means with partial clothing or covering but with any pubic area exposed or with the perineum or any portion of the crease of the buttocks exposed, or with the breast or breasts exposed by a female so that the nipple or nipples or that portion of the breast which has a different pigmentation than the main portion of the breast is or are exposed. (Ord. 71-161, § 2)
§ 6303.38
“Entertainment Class III” means any entertainment as defined in CMC 6303.35 (other than Class II) conducted or participated in only by any nonprofessional person or persons. (Ord. 71-161, § 2)
§ 6303.39
“Established Business” shall mean and include a business intended to be operated or conducted permanently or indefinitely, or a business the nature or mode of operation of which indicates that the business operation will continue permanently or indefinitely. In all cases where the nature or mode of operation of a business does not indicate that such business will continue permanently or indefinitely, the person operating or conducting such business may be required by the City Administrator to present evidence reasonably necessary to demonstrate that such business is intended to be operated or conducted permanently or indefinitely. (Ord. 71-161, § 2)
§ 6303.40
“Exhibition” or “Show” means and includes moving picture exhibitions, theatrical performances, carnivals, circuses, races, and other similar activities conducted in the open or at places of public assemblage as to which a fee is charged for entry or viewing, excluding therefrom entertainment as defined in CMC 6303.35 to 6303.38, animal menageries or exhibitions as defined in Sections 219 and 220 of the Animal Control Ordinance adopted by CMC 3300, and events conducted by schools or churches using their own equipment. (Ord. 71-161, § 2)
§ 6303.43
“Fire Chief” shall mean the Chief of the Los Angeles Consolidated Fire District and his authorized assistants, deputies, inspectors and representatives, while designated by the City Council of the City as the Fire Chief of the City. (Ord. 71-161, § 2)
§ 6303.44
“Food” shall mean and include all articles and substances used for food, drink, confectionary or condiment by man, whether simple, mixed or compound. (Ord. 71-161, 52)
§ 6303.44-1/4
“Fortune-Telling” shall mean and include the business or art of telling fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such readings, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic, of any kind or nature, for any form of compensation. (Ord. 86-754, § 2)
§ 6303.44-1/2
“Gardener” or “Gardening Service” shall mean any person or firm engaged in the business of landscape or garden maintenance and upkeep, such as cutting lawns, tending flower beds, putting in trees and shrubs, and other similar activities. This definition shall not include a landscape contractor licensed pursuant to the State Business and Professions Code to handle landscape contracting. (Ord. 76-377, § 1)
§ 6303.44-5/8
“Gun Dealer” is any person, firm, or corporation who sells or otherwise transfers to the public, any pistol, revolver or other firearm, new or used, capable of being concealed upon the person. “Gun Dealer” includes any person, firm or corporation who purchases, takes in trade, or accepts on consignment from the public, any firearm of any type, including, but not limited to, pistols, revolvers, rifles and shotguns. (Ord. 78-437)
§ 6303.44-3/4
“Hotel” is any building containing three (3) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. (Ord. 77-401, § 1)
§ 6303.44-7/8
“Hypnotist” shall mean any person, except licensed psychologists, physicians, family, child and marriage counselors and qualified persons acting at the request of police agencies in the investigation of crimes, engaged in the art or practice of hypnosis or in the teaching of self-hypnosis for persons undergoing a course or program of avocational or vocational self-improvement, acting pursuant to and subject to the limitations and purposes of Section 2908 of the California Business and Professions Code, as amended. (Ord. 79-484, § 2)
§ 6303.45
“Itinerant Street Vendor” shall mean any person engaged in the business of vending, selling, or offering for sale, any confections, food, fruits, vegetables, flowers, notions, magazines, mechanical devices or appliances, or any other goods, wares, or merchandise from any stand, doorway or location on or adjacent to any street, alley, or other public place, or on or adjacent to any unenclosed vacant lot or parcel of land. (Ord. 71-161, § 2)
§ 6303.46
“Junk Collector” or “Salvage Collector” shall mean any person having no fixed place of business in the City, carrying on the business of collecting, buying or selling from house to house, or from place to place, any old rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk or salvage. (Ord. 71-161, § 2)
§ 6303.47
“Junk Dealer” or “Salvage Dealer” shall mean any person not an automobile dismantler or operator or an oil tool exchange, having a fixed place of business in the City and carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, paper, metal (except gold, silver, platinum or mercury), or other articles commonly known as junk or salvage, or conducting, managing or maintaining any place where such articles are gathered together, stored or kept for shipment, sale or transfer. (Ord. 71-161, § 2)
§ 6303.48
“License” shall mean the certificate issued by the Finance Director of the City after payment of the license fee provided for in Part 3 of this Chapter. (Ord. 71-161, § 2)
§ 6303.49
“License Supervisor” shall mean the License Supervisor of the City of Carson. (Ord. 71-161, § 2)
§ 6303.50
“Locksmith” means any person engaging in the business, trade, or occupation of making or fashioning keys for locks or similar devices, or constructing, reconstructing or repairing or adjusting locks, or opening or closing locks for others by mechanical means other than the regular keys furnished for that purpose with the locks by the manufacturer of the locks. A person who only duplicates keys is not a locksmith. (Ord. 71-161, § 2)
§ 6303.53
“Pawnbroker” means any person engaged in any one (1) or more of the following businesses:
(a) Pawnbroking;
(b) Lending money for himself or any other person upon personal property, pawns or pledges, in or taken into the possession of the lender;
(c) Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignors at prices agreed upon at or before the time of such purchase. (Ord. 71-161, § 2)
§ 6303.54
“Peddling” means and includes peddling, selling or offering to sell goods, wares or merchandise of any kind from place to place, other than from a fixed place of business, in or upon any private premises, including any dwelling, house, building, or other structure designed or used, either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, walk, driveway, porch, steps or vestibule of and to any such dwelling, house, building or other structure. (Ord. 71-161, § 2)
§ 6303.55
“Permit” means that certificate granted by the City Council as a prerequisite to the issuance of a license, where required by the provisions of this Chapter. (Ord. 71-161, § 2)
New section § 6303.55.5
§ 6303.56
“Public Eating Place” means and includes every restaurant, lunch room, tea room, coffee shop, soda fountain, public boarding house, hotel, club, beer parlor, cocktail lounge and every other public place where food or drinks are prepared or served, or both, to be consumed by the public either on or off the premises. “Public Eating Place” includes all places where sandwiches, lunches, or similar food are prepared for sale or gift to the public. (Ord. 71-161, § 2)
§ 6303.57
“Purport to Commence” and/or “Purport to Conduct” shall mean and include such maintenance of the appearance of premises or such conduct or acts of the owner, occupant or manager thereof or the agents, servants, or employees of such person, as to be in a position to conduct or to create the appearance of conducting any business in the City. (Ord. 71-161, § 2)
§ 6303.57-1/2
“Real Estate Solicitor” means any person who in the course of, or as an incident to or part of such person’s business, occupation, trade or employment goes to any house or place or from house to house or from place to place in the City offering to buy, sell, exchange, take or give an option on, lease, rent or list, or soliciting the purchase, sale, exchange, lease, rental or listing of or an option on real property, irrespective of whether such person shall be a real estate broker, real estate salesman or an unlicensed person engaged in such business, occupation, trade or employment. A person performing one (1) such act in the course of or as an incident to or part of a person’s business, occupation, trade or employment shall be deemed to be a Real Estate Solicitor for the purposes of this Chapter. (Ord. 72-240; Ord. 72-249, § 1)
§ 6303.58
“Rifle Range” means any site where a rifle, pistol, revolver or shotgun is fired at clay pigeons and/or other targets. (Ord. 71-161, § 6303.58)
§ 6303.59
“Salvage Collector” is defined in CMC 6303.46. (Ord. 71-161, § 2)
§ 6303.60
“Salvage Dealer” is defined in CMC 6303.47. (Ord. 71-161, § 2)
§ 6303.63
“Secondhand Dealer” is a person engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares, or merchandise, (including gold, silver, platinum or mercury, but excluding secondhand automobiles and books and such secondhand goods, wares or merchandise as are received as payment or part payment for a new article or articles sold by such person.) (Ord. 71-161, § 2)
§ 6303.63-1/2
“Skateboard Center” shall mean any establishment where persons pay for the privilege of skateboarding. (Ord. 78-444)
§ 6303.63-3/4
“Skating Rink” shall mean any establishment where persons pay for the privilege of ice skating or roller skating. (Ord. 78-444)
§ 6303.64
“Show” is defined in CMC 6303.40. (Ord. 71-161, § 2)
§ 6303.65
“Soft Drinks” means beverages for human consumption containing less than 3.2 percent of alcohol by volume. (Ord. 71-161, § 2)
§ 6303.66
“Solicitor” or “Canvasser” means any person who goes from house to house or from place to place in the City selling or taking orders for, or offering to sell or take orders for any goods, wares, merchandise, or any article for future delivery, or for any service to be furnished or performed in the future, or for the making, manufacturing, treating, or repairing of any article or thing whatsoever for future delivery. (Ord. 71-161, § 2)
§ 6303.67
“Sound Amplifying Equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound Amplifying Equipment” shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes. (Ord. 71-161, § 2)
§ 6303.68
“Subject to Special Application Procedure” means that the applicant for any license to which such words are made applicable shall, before receiving the license applied for, follow the procedure set forth in Part 4 of this Chapter. (Ord. 71-161, § 2)
§ 6303.69
“Subject to Special Permit from the Council to Be First Obtained” shall mean that the Finance Director is not to issue any license to which such words relate or to which the same may be made applicable unless the City Council shall have first authorized either by motion or resolution, the issuance of such license. (Ord. 71-161, § 2)
§ 6303.70
“Sworn Statement” shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. (Ord. 71-161, § 2)
§ 6303.73
“Tax Collector” shall mean the Director of Finance of the City of Carson. (Ord. 71-161, § 2)
§ 6303.74
“Tank Vehicle” shall mean any vehicle used to collect and transport or deliver flammable liquids or liquefied petroleum gases in connection with or as part of any business and for which operation a certificate of public convenience and necessity has been issued by the Public Utilities Commission of the State of California. (Ord. 71-161, § 2)
§ 6303.75
“Theatre” includes a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery may be located and theatrical or vaudeville or similar performances are given, having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, the primary function of which is to present such performances, and in which any serving of food or beverage is clearly incidental to such performances. This definition is not intended to detract from or supersede the provisions of Section 318.5 or 318.6 of the Penal Code of the State. (Ord. 71-161, § 2)
§ 6303.76
“Trailer Parks” means and includes mobile home parks as defined in Part 2 of Division 13 of the Health and Safety Code of the State of California. (Ord. 71-161, § 2)
§ 6303.77
“Vehicle” means every apparatus or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting boxes, trays or receptacles carried by hand and also excepting any apparatus or device used exclusively upon stationary rails or tracks, but including bicycles. (Ord. 71-161, § 2)
§ 6303.78
“Vending Machine” shall mean any coin operated machine which dispenses goods, wares, merchandise, or other tangible property, and shall include weighing machines and devices for the playing of phonograph records. Vending machines shall not include pin ball machines, video, or electronic games or any other coin operated machine of skill. (Ord. 82-620, § 1)
§ 6303.79
“Wheeled Vehicles” shall mean and include every vehicle with wheels run, used, driven or operated for hire or otherwise, in the business of hauling, distributing, selling, receiving or delivering, within the City for resale or otherwise, personal property of any kind, nature or description; provided, however, that “wheeled vehicles,” unless otherwise provided, shall not include or apply to any person having a fixed place of business within the City which has been licensed under this Chapter and who in the usual course of such business uses a wheeled vehicle or vehicles for the delivery of personal property which has been sold from said fixed place of business. (Ord. 71-161, § 2)
Part 2. Licenses – Provisions Governing
§ 6310 License Required.
(a) It shall be unlawful for any person to commence or conduct, or purport to commence or conduct, either directly or indirectly, any business, profession, trade or occupation as defined in this Chapter within the City of Carson, whether or not said person has a fixed place of business within the City or elsewhere, without first having procured a license and paid the license fees required by the provisions of this Chapter, and without otherwise complying with all the terms and provisions of this Chapter. The commencement or carrying on of any such business, profession, trade or occupation without having first procured and maintained in good standing a business license, as well as a permit where required under this Chapter, or without first complying with any and all provisions and regulations pertaining to said business as provided in this Chapter, shall constitute a separate violation of this Code for each and every day said business, profession, trade or occupation is so carried on.
(b) It shall further be unlawful for any person to commence any business within a building in the City without first having obtained a Certificate of Occupancy from the City Building Department.
(c) Notwithstanding any provisions of this Chapter, no person holding a license issued by the State to carry on any trade, calling, profession, business or occupation shall be required to perform any act as a condition of the issuance of a license by the City under this Chapter except the payment of the City license fee and the preparation and filing of any papers or reports incidental to the administration and enforcement of this Chapter with respect to such payments. (Ord. 71-161, § 2; Ord. 82-620, § 2)
§ 6311 Contents of License.
Every person required to have a license under the provisions of this Chapter shall make application for the same as hereinafter prescribed to the Finance Director of the City, and upon the payment of the prescribed license fee the Finance Director shall issue to such person a license which shall contain the following information:
(1) The name of the person to whom the license is issued;
(2) The business licensed;
(3) The place where such business is to be transacted and carried on;
(4) The date of expiration of such license; and
(5) Such other information as may be necessary for the enforcement of the provisions of this Chapter.
Whenever the license fee imposed upon any one (1) business, trade, occupation or profession under the provisions of this Chapter is measured by the number of vehicles, devices, machines, or other pieces of equipment used, or whenever the license fee is measured by the average number of persons employed in the operation of or in relation to such items, the Finance Director shall issue only one (1) license therefor; provided, that he may issue for each license period for which the license fee has been paid one (1) identification sticker, tag, plate, or symbol for each item included in the measure of the fee or used in a business where the fee is measured by the average number of employees. (Ord. 71-161, § 2)
§ 6312 Unlawful Business.
No license issued under the provisions of this Chapter and no provision of this Chapter shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business. (Ord. 71-161, § 2)
§ 6313 Substitute for Other Provisions.
Any person required by this Chapter to pay a license fee shall not be relieved from the payment of any license fee or permit fee required by any other provisions of this Code and shall not be relieved from any regulations required by other provisions of this Code. (Ord. 71-161, § 2)
§ 6314 License Fee Collector.
The Director of Finance or his authorized deputy shall serve as Tax Collector and Administrator of the Business License Ordinance. He shall formulate in writing all necessary rules and regulations to carry out the provisions of this Chapter, and in general shall do all things necessary and proper to carry out the spirit and intent of this Chapter. (Ord. 71-161, § 2)
§ 6315 No License Issued Where Applicant Is Indebted to City.
No business license shall knowingly be issued or renewed when, at the time of making application for any license or renewal thereof, the applicant is indebted to the City for any unpaid license fees, permit fees, transient occupancy taxes, service charges or unpaid invoices for any rates, fees or charges imposed pursuant to this Municipal Code. The Director of Finance may enter into an agreement with any person so indebted to the City to establish a schedule for the payment of such indebtedness and any delinquencies and interest thereon. In such agreement, the debtor shall acknowledge such debt to the City and shall agree that if any default occurs in the payment of any installment agreed to be paid thereunder, the entire amount to be paid shall become immediately due and payable, and that, if suit is brought to enforce collection of the amount agreed to be paid under such agreement, the debtor shall pay all costs of suit incurred by the City, including reasonable attorneys’ fees. If such an agreement is executed, and all other provisions of this Chapter are complied with, a license for the applicable license period may be issued to such person upon payment of the license fee prescribed for such license period, together with any penalties thereon. (Ord. 71-161, § 2; Ord. 93-1018, § 3)
§ 6316 License Not Transferable.
No license issued pursuant to this Chapter shall be transferable; provided, that where a license is issued authorizing a person to conduct business at a particular location, such licensee may upon application therefor and payment of a fee in the amount established by resolution of the City Council have the license previously issued amended so as to authorize the conduct of such business from another location in lieu of such prior location, except as may otherwise be provided in this Chapter. (Ord. 71-161, § 2; Ord. 82-620, § 2)
§ 6317 Duplicate License Fees.
A duplicate license may be issued by the Director of Finance to replace any license previously issued which has been lost or destroyed, upon application therefor and filing an affidavit or declaration attesting to such fact and payment to the Director of Finance of a fee in the amount established by resolution of the City Council therefor. (Ord. 71-161, § 2; Ord. 82-620, § 2)
§ 6318 License Fee a Debt.
The amount of any license fee imposed by this Chapter, and of any penalty thereon, shall be deemed a debt to the City. Any person commencing or conducting any business without having a license to do so shall be liable in an action by the City in any court of competent jurisdiction for the amount of the license fee imposed by this Chapter with respect to such business. (Ord. 71-161, § 2)
§ 6319 License Fee Payable in Advance.
All license fees shall be paid in advance at the Office of the City Treasurer in lawful money of the United States of America or by check drawn on a bank in the United States. Any license issued upon payment by check shall be void if such check shall fail to clear the bank. (Ord. 71-161, § 2)
§ 6320 Investigations and Inspections.
The City Administrator shall, by Administrative Order, from time to time, designate the investigations and inspections required for particular businesses substantially in accordance with the following general guides:
(a) The Department of Community Development shall be required to review all applications, other than renewal applications, for compliance with the Zoning, Subdivision and other provisions of this Code within the responsibilities of said Department.
(b) The Division of Building and Safety shall review applications in circumstances involving a change of occupancy of any portion of a building, and in such other circumstances as may involve questions of compliance with City building, electrical, plumbing, mechanical and other construction codes.
(c) The Fire Department shall review applications which involve businesses or premises which may constitute substantial fire risks, or any risks of serious danger to human life or property. (Ord. 71-161, § 2)
(d) The Law Enforcement Agency shall review applications for businesses which affect public morals, involve substantial danger of fraud or deception, pose unusual police problems, may involve possible handling or receiving of stolen goods, tend to affect traffic control, involve public assembly, include police-type functions, or of a kind which tend to attract or involve undesirable persons, or otherwise substantially affect public safety.
(e) The Health Department shall review applications for businesses involving the preparation, storage or sale of food or drink, except in sealed containers
(f) Other departments, agencies or officers shall review applications when the proposed business poses special problems dealt with by such department, agency or officer.
The City Administrator may, by written directive, grant exceptions from the requirements of such Administrative Order, when, in his opinion, its literal application is not required to accomplish the objectives of such requirement and of this Chapter. (Ord. 71-161, § 2)
§ 6321 Preparation and Issuance of Licenses.
It shall be the duty of the Finance Director to prepare and issue licenses for every person liable to pay a license fee subject to and in accordance with all provisions of this Chapter. Each such license shall be issued upon such form as the Director of Finance may from time to time provide for such purpose. When the required license fee has been paid and all other provisions of the Code have been complied with, the Finance Director shall deliver the original license to the licensee named in such license and shall retain a copy of such license on file in his office. Each license shall show the amount of the fee therefor, the period of time covered thereby, the name of the person to whom issued, the business licensed, and if a fixed or established place of business, the location or place where such business is to be commenced or conducted. (Ord. 71-161, § 2)
§ 6322 Errors in Issuance of Licenses.
No error or mistake on the part of the person issuing a license or in the determination or statement of the amount of any license fee shall prevent or prejudice the collection by or for the City of the amount actually due from anyone commencing or conducting any business subject to such license. (Ord. 71-161, § 2)
§ 6323 Licenses for More than One (1) Business.
When any person is engaged at one (1) location or place in more than one (1) business for which a license tax is imposed by this Chapter, a separate license shall be issued for each such business, but the license tax due for each business other than the business for which the highest tax is imposed shall be reduced by one-half. No license for which such a reduced tax is paid shall be transferable to any other location unless the amount of the reduction first allowed is paid to the City. This Section is not applicable to amusement devices, games of skill, or vending machines. (Ord. 71-161, § 2)
§ 6324 Branch Business Establishments – Multiple Licenses.
Except as otherwise provided in this Chapter, a separate license shall be obtained and a separate fee paid for each branch establishment or separate place of business in which any business is commenced or conducted. Each license shall authorize the licensee named therein to commence and conduct only that business described in such license and only at the location or place of business indicated therein. Any person who operates a separately owned department or concession in a department store or a building structure or enclosure in which separate departments or concessions are operated shall pay a license fee in accordance with the provisions of this Chapter for the department or concession so operated by him. Two (2) or more persons shall not jointly apply for or be issued one (1) business license to cover two (2) or more businesses separately owned. No business or activity requiring a special permit from the Council may be conducted with or as a part of any other business without first obtaining a special permit therefor. The Finance Director shall not issue any license to a business for which a permit is required until such special permit shall be obtained and the permit fee shall be paid with respect thereto.
For purposes of this Section, a branch establishment or separate place of business is defined to be a different and separate location, or a separate department in any one (1) location, or in the case of vehicles, a different and separate vehicle, from that mentioned in any other license held by the same licensee, in or from which any business, profession or trade may be conducted at the same time. (Ord. 71-161, § 2)
§ 6325 License Fees – Due Dates.
(a) Unless otherwise provided in this Chapter 3, the license fees required herein shall be due and payable to the City, in advance, as follows:
(1) Daily license: on each day in advance,
(2) Weekly license: on Monday of each week in advance;
(3) Monthly license: on the first day of each and every calendar month in advance;
(4) Original annual license issued after January 1, 1989: on or before the date business commences, and with regard to any subsequent renewal thereof, on the first day of the twelfth calendar month following the month in which the business commenced (“anniversary date”). Notwithstanding the foregoing provisions of this subdivision, the due date for renewal of multiple licenses (one (1) or more additional licenses issued to a licensee at one (1) location not designated as the primary license by the Finance Director under CMC 6325(a)(6)) shall be the due date of the primary license. Except for the initial term of a multiple license, the license fee for any annual license issued after January 1, 1989 shall be the full annual fee, which fee shall not be prorated to adjust for the initial term being less than one (1) full year;
(5) Renewals of annual licenses expiring December 31, 1988, on or before January 1, 1989, or such later date as may be established by the Finance Director pursuant to CMC 6351; provided, however, that all such renewals shall be subject to the terms and provisions of subsection (b) hereof; and
(6) Multiple licenses: Where more than one (1) license is issued to a licensee at one (1) location, the Finance Director shall designate one (1) of such licenses as the primary license and the fees on the additional license or licenses shall be due and payable at the same time as the fees are due and payable on the primary license.
(b) The Finance Director shall determine the total number of existing licensees whose annual licenses will terminate on December 31, 1988 and who will be required to renew such licenses as of January 1, 1989. The total number of existing licensees shall be divided into twelve (12) groups, substantially equal in number. For internal administrative purposes, these groups shall be identified as Groups 1 through 12. All licenses issued to a licensee at one (1) location shall be placed in the same group as the primary license. The Finance Director shall, prior to December 31, 1988, give written notice to each licensee in each of Groups 2 to 12, inclusive, that a new anniversary date has been designated for said licensee. Such designations shall be made substantially as follows:
Designated Licensees in Group – Number
Anniversary Date for 1989 and for Each Succeeding Year
2
February 1
3
March 1
4
April 1
5
May 1
6
June 1
7
July 1
8
August 1
9
September 1
10
October 1
11
November 1
12
December 1
(c) At the time the Finance Director gives the existing licensee written notice of the anniversary dates provided for in subsection (b) of this Section, the Finance Director shall further notify each licensee of the following, to the extent applicable:
(1) With regard to any licensee in Group 1: that, upon payment of the specified fee for renewal of the annual license, the term of such renewal shall be for a full twelve (12) month period which shall commence January 1st and shall terminate on December 31st of the same calendar year.
(2) With regard to any licensee in Groups 2 through 12: that upon payment of the specified fee for renewal of the annual license, the term of such renewal shall end on the last day of the calendar month immediately preceding the designated anniversary date.
(3) The license fee for any license in Group 1 shall be the annual fee. The license fee for any license in Groups 2 through 12 shall be a prorated fee to be paid by January 1, 1989 for the period from January 1, 1989 to the termination date specified in subdivision (2) of this subsection (c). Thereafter upon renewals, the licensee shall then pay a renewal fee on or before the designated anniversary date for a full one-year period commencing on the designated anniversary date and ending on the date immediately preceding the anniversary date in the succeeding year. Except for the initial term of a multiple license, the license fee for any annual license issued after January 1, 1989 shall be the full annual fee, which fee shall not be prorated to adjust for the initial term being less than one (1) full year. (Ord. 71-161, § 2; Ord. 82-620, § 2; Ord. 88-840, § 1; Ord. 88-852, § 1; Ord. 89-861, § 1)
§ 6326 Delinquency and Penalties – License Fees.
(a) Delinquency defined: Any license fee required by this Chapter, whether daily, weekly, monthly or annual, is delinquent if not paid by 5:00 p.m. on the day that such license fee becomes due and payable. If the day the license fee becomes due and payable falls on a Saturday, Sunday, National or State Holiday or any other day the City’s offices are closed, such license fee is delinquent if not paid by 5:00 p.m. on the next working day.
(b) (1) Any daily, weekly or monthly license fee that remains unpaid after 5:00 p.m. on the seventh calendar day succeeding the day that the fee becomes due and payable shall be assessed a penalty of twenty-five (25) percent of the original amount of the license fee, which penalty shall be added to the license fee. If the fee remains unpaid after 5:00 p.m. on the fifteenth calendar day after the day the fee becomes due and payable, an additional penalty of twenty-five (25) percent of the amount of the original license fee for a total penalty of fifty (50) percent shall be assessed and added to the license fee. When the day that the penalty is to be imposed falls on a Saturday, Sunday, National or State Holiday, or on any other day the City’s offices are closed, the penalty shall be imposed if the fee is not paid by 5:00 p.m. on the next working day.
(2) Any annual license fee that remains unpaid after 5:00 p.m. on the second business day of the second calendar month immediately succeeding the month in which the fee becomes due and payable shall be assessed a penalty of twenty-five (25) percent of the original amount of the license fee, which penalty shall be added to the license fee. If the fees remain unpaid after 5:00 p.m. of the second business day of the third calendar month immediately succeeding the month in which the fee becomes due and payable, an additional penalty of twenty-five (25) percent of the amount of the original license fee for a total penalty of fifty (50) percent shall be assessed and added to the license fee. (Ord. 71-161, § 2; Ord. 72-248, § 2; Ord. 83-638, § 1; Ord. 88-850, § 1; Ord. 89-861, § 2)
§ 6327 Repealed.
Repealed by Ord. 88-850.
§ 6328 Posting and Keeping License.
Except as may otherwise be provided in this Chapter, all licenses must be kept and posted in the following manner:
(a) Any licensee engaged in business at a fixed place of business shall keep the license for such business posted in a conspicuous place upon the premises where such business is conducted.
(b) Any person engaged in business in the City, but not operating from a fixed place of business shall keep the license issued to him upon his person at all times while engaged in such business.
(c) Each person driving, operating, or having control of any wagon, cart, or other vehicle, or using or controlling any tray, basket or other receptacle, or controlling, possessing or operating any machine, device, or equipment, including vending machines, with respect to which a license is required under the provisions of this Chapter, shall affix thereto a license tag or plate or decal as issued by the Director of Finance and at the place directed by the Director of Finance, or if the Director of Finance shall so direct, shall affix a license holder thereto for the purpose of holding the City license, or shall carry upon his person a license or identification card as directed by the Director of Finance. Any license plate or tag or decal shall be placed so that it is always plainly visible. No person shall keep any license, or plate, or tag, or decal or identification card longer than thirty (30) days after the expiration of the term for which the license is issued, and no person, except the licensee or his authorized agent, shall take or remove any license, plate, tag or identification card from the person lawfully entitled to the same or from the place where posted or fixed. (Ord. 71-161, § 2)
§ 6329 Denial of License.
Any license shall be denied for the following reasons:
(a) Failure to pay the appropriate license fees;
(b) Failure to receive required permits;
(c) Failure to receive any required approvals;
(d) Filing erroneous or incomplete statements;
(e) For other good cause.
Any person denied a license shall be advised, in writing, of the grounds for such denial. (Ord. 71-161, § 2)
§ 6330 Enforcement Duty.
It shall be the duty of the City Administrator to enforce each and all of the provisions of this Chapter. He may utilize therefor the Law Enforcement Agency of the City as necessary to effectuate such enforcement. (Ord. 71-161, § 2)
§ 6331 Enforcement – Inspection – Complaints.
The City Administrator or his deputy or other agency of the City authorized by him shall examine all places of business in the City to ascertain whether or not the provisions of this Chapter have been complied with. Said City Administrator, his deputy or said enforcement agency or agencies, the City Attorney and any duly authorized employee of the City shall have the power to examine all necessary books and records of all persons doing business in the City required to be licensed by the terms of this Chapter, for the purpose of ascertaining the amount of license fee required to be paid by the provisions thereof. Said officer and each and all of his deputies and duly authorized employees shall have the power and authority to enter free of charge and at any reasonable time any place of business required to be licensed by the provisions of this Chapter and to demand an exhibition of such license, books or other matters of record. Any person to whom any such license is issued who fails to exhibit same on such demand shall be guilty of a violation of this Code. It shall be the duty of the City Administrator, his deputies, and of the law enforcement agencies of the City to cause a complaint to be filed against any and all persons found to be in violation of any provision of this Chapter. (Ord. 71-161, § 2)
§ 6332 Enforcement Accountant.
For the purpose of enforcement of this Chapter, the City Administrator may, with the prior consent of the Council, deputize a qualified accountant to examine the necessary books and records of any person doing business in the City. Any failure on the part of any person licensed or required to be licensed under this Chapter, to exhibit to and allow examination by said accountant so deputized shall constitute a violation of this Code. (Ord. 71-161, § 2)
§ 6333 Enforcement Remedies.
The conviction or imprisonment of any person for violating any of the provisions of this Chapter shall not relieve such person from paying the license fee for business, nor shall the payment of any license fee prevent a criminal prosecution for the violation of the provisions of this Chapter. All remedies prescribed hereunder shall be cumulative and the use of one (1) or more remedies shall not bar the use of any other remedy for the purpose of enforcing this Chapter. (Ord. 71-161, § 2)
§ 6334 Deputy License Collectors.
Deputy License Collectors shall be directly responsible to and under the control and direction of the Director of Finance. Such Deputy License Collectors shall have the powers in their respective territories given to duly authorized deputies and City employees under the provisions of CMC 6331. (Ord. 71-161, § 2)
§ 6335 Terms of Licenses.
Unless otherwise provided in this Chapter the term of any license issued hereunder shall be as follows:
(a) The term of daily licenses shall commence at 12:01 a.m. of the licensed day and shall terminate at midnight of said day.
(b) The term of weekly licenses shall commence at 12:01 a.m. on Monday of each week and shall terminate at midnight on the following Sunday.
(c) The term of monthly licenses shall commence at 12:01 a.m. on the first day of the calendar month in which said licenses are issued and shall terminate at midnight on the last day of said calendar month.
(d) The term of original licenses issued after January 1, 1989 shall commence on the date of issuance of the license. If business commenced prior to the date of issuance of the license, the license shall be dated the date that business commenced. The term of the license shall terminate on the last day of the eleventh calendar month following the month in which the license was dated (termination date). The anniversary date shall be the first day of the calendar month following the termination date. Notwithstanding the foregoing provisions of this subsection (d), the term of all annual multiple licenses issued to a licensee at one (1) location shall terminate on the termination date of the primary license designated as primary by the Finance Director under CMC 6325(a)(6).
(e) The term of annual licenses which terminate December 31, 1988 and are thereafter renewed in accordance with the applicable provisions of CMC 6325(b) and 6325(c) shall commence on January 1, 1989 and shall terminate as provided for in said CMC 6325(c). (Ord. 71-161, § 2; Ord. 88-840, § 2; Ord. 89-861, § 3)
§ 6336 Application.
Every person desiring to conduct, manage, or carry on any business, profession, trade or occupation in the City shall file with the Director of Finance a statement in writing, sworn to or made under penalty of perjury, upon a form provided by the Director of Finance setting forth the following information:
(1) The name and address of the applicant;
(2) The exact nature or kind of business for which a license is requested and including each separate and distinct type of business conducted or to be conducted on the premises under the same ownership;
(3) The address and name (if any) of the place where such business is to be carried on and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same;
(4) The name and places of residences of those owning the business if the application is made for the issuance of a license to a person doing business under a fictitious name;
(5) The names and places of residences of the principal officers or general partners if the application is made for the issuance of a license to a corporation or a partnership;
(6) (a) If the business for which a license is sought has existed for at least one (1) year immediately preceding the calendar month immediately prior to the due date of the license fee: The total number of employees each of whom performed at least eighteen hundred (1,800) hours of service during said one (1) year period, and the total aggregate number of hours of service performed by all other employees during said one (1) year period.
(b) If said business did not exist for one (1) year immediately preceding the calendar month immediately prior to the due date of the license fee: The date of commencement of said business, and the total numbers of hours of service performed by all employees during the period from the first day of the first calendar month next after commencement of said business to and including the calendar month preceding the calendar month immediately prior to the due date of the license fee;
(7) The estimated average number of employees the applicant expects to employ during the year for which the license is to be issued;
(8) Any further information which the Director of Finance may require relative to the license applied for.
The Director of Finance shall not issue a license to any person or business until the provisions of this Section have been complied with by the applicant. (Ord. 71-161, § 2)
§ 6337 Renewal License Application.
In all cases an applicant for the renewal of a license shall submit to the Director of Finance a statement sworn to or made under penalty of perjury, upon a form to be provided by the Director of Finance setting forth such information concerning the applicant’s business during the preceding year as may be required by the Director of Finance to enable him to ascertain the amount of license fee to be paid by said applicant pursuant to the provisions of this Chapter. The Director of Finance shall not issue a renewal license until the provisions of this Section have been complied with by the applicant. (Ord. 71-161, § 2)
§ 6338 License or Renewal License.
Upon receipt of an application for license or renewal license, the Director of Finance shall investigate the applicant and the representations made by such applicant in the application. If in the judgment of the Director of Finance, after such investigation, the granting of the license applied for may be detrimental to the public peace, morals, health, safety, or general welfare or the applicant does not appear to be of good moral character or has been convicted of any violation of law involving moral turpitude, except as hereinafter provided, the license shall not be issued unless and until a permit therefor has been granted by the Council. In such event, the Director of Finance shall inform the applicant that he must file an application for a permit in accordance with the provisions of Part 4 of this Chapter. If such application is filed the entire matter shall be referred to the Council for proceedings under the provisions of Part 4 of this Chapter. Provided, however, State licensees referred to in CMC 6310(c) shall not be subject to the provisions of this Section 6338, except in the first sentence thereof. (Ord. 71-161, § 2)
§ 6339 General Exemptions.
Except as otherwise provided herein, no license or license fee shall be required of:
(a) The Federal Government or the State of California, or any of the political subdivisions, agencies or instrumentalities thereof;
(b) Any person engaging in any business exempt by virtue of the Constitution or laws of the State of California, or the Constitution or laws of the United States, from the payment of such taxes as are provided in said Parts 2 and 3.
(c) Any religious, charitable, fraternal, educational, cultural or civic organization, and any other organization, whether incorporated or not, described in Article 1, Chapter 4, Part II of the Revenue and Taxation Code of the State of California; provided, however, that any such organization shall be required to obtain a license and pay the appropriate license fees if and to the extent it engages in any “unrelated trade or business” as that term is used in Section 23734 of the Revenue and Taxation Code of the State of California.
(d) Any person certified as blind by the Bureau of Vocational Rehabilitation of the State of California. (Ord. 71-161, § 2; Ord. 82-620, § 2)
§ 6340 Limited Exemptions.
The Finance Director, upon application being made therefor, and upon the applicant presenting evidence of his eligibility therefor, shall issue a business license endorsed as partially or wholly exempt from fees to:
(a) Minors under the age of eighteen (18) years engaged in activities requiring a license under this Chapter where such minor engages in those activities for no more than twenty (20) hours in any week.
(b) Any veteran or widow of any veteran of the Spanish-American War, World Wars I and II, the Korean or Vietnam conflicts, who is a resident of the City, shall be entitled to a credit of $25.00 against the business license fee required by this Chapter in any year in which the net income of such person from his business is (or is estimated in the case of an initial license) to be less than $10,000 per year.
(c) Any veteran described in CMC 6340(b), who is disabled as a result of activities while in military service in lieu of the credit described in CMC 6340(b), shall be entitled to the following credits against the business license fee required by this Chapter, irrespective of his net income:
One-fourth disabled
$ 50.00 credit
One-half disabled
$ 75.00 credit
Three-fourths or more disabled
$100.00 credit
(d) Notwithstanding the provisions of subsections (b) and (c) hereof:
(1) Every honorably discharged or honorably relieved soldier, sailor, or marine of the United States who served in any Indian war, the Spanish-American War, any Philippine insurrection, the Chinese Relief Expedition, the World War of 1914 and years following, or World War II, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this State, may distribute circulars, and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license tax or fee whatsoever, and the Finance Director shall issue to such soldier, sailor or marine, without cost, a license therefor.
(2) Every person who was honorably discharged or honorably relieved from the military, naval or air service of the United States who served on or after June 27, 1950, and prior to February 1, 1955, or on or after August 5, 1964, and prior to a future date to be established by the Legislature, who is physically unable to obtain a livelihood by manual labor, and who is a resident of this State, may distribute circulars, and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt or vinous, or other intoxicating liquor, without payment of any license tax or fee whatsoever, and the Finance Director shall issue to such person, without cost, a license therefor. (Ord. 71-161, § 2)
§ 6341 Certain Exemptions Under State or Federal Law.
Any person claiming to be exempt from the requirement to obtain a business license or pay the business license fees, in whole or in part, pursuant to CMC 6339(b), other than banks, national banking associations, insurance companies or insurance agents (but not insurance brokers) on the grounds that such requirements are in conflict with the law of the State or the Constitution or laws of the United States, is required to file a claim for exemption, on forms to be supplied by the City, setting forth such information as the Finance Director may require to make a determination as to the validity of the claimed exemption, which information may include but shall not be limited to:
(a) The name, business address, general manager or responsible officer of the claimant;
(b) Sales records of claimant including records of contracts of sale, delivery tickets, bills of lading;
(c) The location of the claimant’s offices, warehouses, factories and other business operations;
(d) Copies of advertising literature of claimant;
(e) A statement of the legal grounds, with citations to pertinent statutory and case authority tending to support the claim for exemption; and
(f) Such other information as the Finance Director may require to determine whether the claimant is exempt, or as is necessary to determine the number of employees of the claimant. (Ord. 71-161, § 2, Ord. 82-620, § 2)
§ 6342 Exempt Licenses to be Endorsed.
Whenever the Director of Finance shall issue any license granting any exemption provided for in this Part, the person to whom such license is issued shall endorse thereon his signature in ink in the presence of the Director of Finance or his deputy, and no such license shall be transferable. (Ord. 71-161, § 2)
§ 6343 Adoption of Regulations by Finance Director.
The Finance Director is empowered to make such regulations and interpretive rules as are not inconsistent with this Chapter as may be necessary or desirable to aid in the enforcement of the provisions of this Chapter.
Where, by reason of the provisions of the Constitution of the United States or the Constitution of California, the business license tax imposed by this Chapter cannot be enforced without there being an apportionment according to the amount of business done in the City of Carson, or in the State of California, as the case may be, the Finance Director may make such rules and regulations for the apportionment of the tax as are necessary or desirable to overcome the constitutional objections. Such rules and regulations shall be approved by the City Attorney prior to becoming effective. (Ord. 71-161, § 2)
§ 6344 Statements and Records.
No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each item therein contained shall be subject to audit and verification by the Finance Director, his deputies, or authorized employees of the City, who are hereby authorized to examine, audit and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due.
All persons subject to the provisions of the Business License Ordinance shall keep complete records of all persons employed in or in relation to the business conducted by such persons, including payroll records, personnel records, withholding tax records, and all records and reports as to labor, wages, or personnel made to, or required to be kept by, all regulatory agencies, for examination by the Finance Director. Such records shall be maintained for a period of at least three (3) years. No person required to keep records under this Section shall refuse to allow any authorized representative of the Finance Director to examine said records at reasonable times and places. (Ord. 71-161, § 2)
§ 6345 Information Confidential.
It shall be unlawful for the Finance Director or any person having an administrative duty under the provisions of this Chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records, or equipment of any person required to obtain a license, or pay a license fee, or of any other person visited or examined in the discharge of official duty, or the amount of payroll, source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or in any books or records containing any abstract or particulars thereof to be seen or examined by any such person; provided, that nothing in this Section shall be construed to prevent:
(1) The disclosure to, or examination of the records or equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this Chapter, or collecting license fees imposed hereunder;
(2) The disclosure of information to, or the examination of records by, Federal or State officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;
(3) The disclosure of information and results of examination of records of any person or licensee to a court of law in a proceeding brought to determine the existence of amount of any license fee liability of the particular person or licensee hereunder;
(4) The disclosure after the filing of a written request to that effect, to the licensee himself, or to his successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the computation of any paid license fee, any unpaid license fee, or amounts of license fee required to be collected and any penalties; further provided, however, that the City Attorney approves each such disclosure and that the Finance Director may refuse to make any disclosure referred to in this subsection (4) when in his opinion the public interest would suffer thereby;
(5) The disclosure of the names and addresses of persons to whom licenses have been issued, and the general type of nature of their business;
(6) The disclosure to the City Council by way of public meeting or otherwise of such information as may be necessary in order to enable the Council to be fully advised as to the facts when a licensee files a claim for refund of license fees, or submits an offer of compromise with regard to a claim asserted against him by the City for license fees, or when acting upon any other matter in the court of City business.
(7) The disclosure of general statistics regarding license fees collected or business done in the City. (Ord. 71-161, § 2)
§ 6346 Failure to File Statement or Corrected Statement.
If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the Finance Director fails to file a corrected statement, or if any person subject to the license fee imposed by this Chapter fails to apply for a license, the Finance Director may determine the amount of license fee due from such persons by means of such information as he may be able to obtain. If the Finance Director is not satisfied with the information supplied in statements or applications filed, he may determine the amount of any license fee due by means of any information he may be able to obtain.
If such a determination is made the Finance Director shall give written notice of the amount of license fee so assessed by serving it on the licensee personally or by depositing such notice in a facility of the United States Post Office Department in Carson, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen (15) days after the mailing or serving of such notice, make application in writing to the Finance Director for a hearing on the amount of the license fee. If such application is made, the Finance Director shall cause the matter to be set for hearing within fifteen (15) days before the City Council. The Finance Director shall give to such person at least ten (10) days’ written notice of the time and place of hearing in the manner prescribed above for serving notices of assessment. The Council shall consider all evidence produced at said hearing and shall make findings thereon, which shall be final and conclusive. Notice of such findings shall be served upon the applicant or licensee in the manner prescribed above for serving notices of assessment. (Ord. 71-161, § 2)
§ 6347 Appeal.
Any person aggrieved by any decision of the Finance Director with respect to the issuance or refusal to issue a license may appeal to the Council by filing a notice of appeal with the City Clerk. The Council shall at its next meeting after the filing of such notice of appeal fix a time and place for hearing such appeal. The City Clerk shall give written notice to such person of the time and place of hearing by serving such notice personally or by depositing it in a facility of the United States Post Office Department in Carson, California, postage prepaid, addressed to such person, at the address shown on such notice of appeal, or if none, at his last known address. The Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this Chapter. (Ord. 71-161, § 2)
§ 6348 Evidence of Doing Business.
When any person shall by use of signs, circulars, cards, telephone book or newspapers, advertise, hold out, or represent that he is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the City, and such person fails to deny by a sworn statement or statement made under penalty of perjury given to the Finance Director that he is conducting business in the City, after requested to do so by the Finance Director, then these facts shall be considered prima facie evidence that such person is conducting business in the City. (Ord. 71-161, § 2)
§ 6349 Refunds of Overpayment.
No refund of an overpayment of license fees imposed by this Chapter shall be allowed in whole or in part unless a written and verified claim for refund is filed with the Finance Director within a period of three (3) years from and after the last day of the period for which the overpayment was made. All such claims for refund must specify the period and amount of the claimed overpayment, and shall be on forms furnished by the Finance Director, and shall provide all information required by him. Upon the filing of such a claim and when the Finance Director determines that an overpayment has been made, he shall cause the amount of such overpayment to be placed on the register of demands for Council approval and upon such approval the amount of overpayment shall be refunded. (Ord. 72-161, § 2)
§ 6350 Permit Prerequisite.
The Director of Finance shall not issue any license for any business, profession, trade, commercial enterprise or occupation of which a permit from the Council is required by any provision of this Code until a permit is obtained pursuant to Part 4 of this Chapter, nor if any such permit has been revoked or has expired and has not been reinstated or renewed. Any license issued under this Chapter for any business, profession, trade, commercial enterprise or occupation for which a permit from the Council is required by any provision of this Code shall be void upon the revocation or expiration of any such permit. (Ord. 71-161, § 2)
§ 6351 Additional Power of the Finance Director.
In addition to all other power conferred upon him, the Finance Director shall have the power, for good cause shown, to extend the time for filing any required verified statement or application for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued, and with the written approval of the City Attorney and the approval of the Council, to compromise any dispute with respect to license fee imposed hereunder. (Ord. 71-161, § 2)
§ 6352 Revenue Measure.
Parts 2 and 3 of this Chapter are enacted solely to raise revenue for municipal purposes, and are not intended for regulation. (Ord. 71-161, § 2)
Part 3. License Fees
§ 6360 License Fees – Adoption.
Every person conducting any business, profession, trade or occupation in the City of Carson shall pay the license fees applicable to such business, profession, trade or occupation which are set by resolution of the City Council from time to time, unless otherwise provided in CMC 6339 and 6340. Such license fees are levied for the purpose of revenue and not for regulation. (Ord. 82-620, § 3)
§ 6361 Vending Machines – Fee Collection.
It shall be unlawful for any person other than the Director of Finance to remove from the premises where any coin operated vending machine was located when sealed by the Director of Finance any machine so sealed or to break or remove any such seal. Upon receipt of proof of payment of the tax and service charge, and, where applicable, evidence of other required compliance by the owner or operator of any machine or device so sealed, the Director of Finance shall break and remove seals from such machines. (Ord. 82-620, § 3)
§ 6362 Vending Machines – Identification.
It shall be unlawful for any person to operate, maintain, or use within the City of Carson any vending machine which does not have conspicuously stamped upon it or affixed thereon for identification purposes a numbered ID tag provided by the Director of Finance. Such tag shall be removed by the owner or operator when the authority to use such machine is transferred to another person, whether by sale, lease, license, or otherwise. The immediately preceding sentence shall not apply to limited use activated by coin deposit in the machine. (Ord. 83-638, § 2)
§ 6363 Amusement and Entertainment Machines – Identification.
It shall be unlawful for any person to operate, maintain, or use within the City of Carson any amusement or entertainment machine, device, or apparatus designed or constructed to operate by the depositing of any coin, plate, disc, slug, or key unless such machine bears a stamp, label, decal, or sign issued by the Finance Director showing thereon the number of the license issued by the City. Each amusement and entertainment machine, device or apparatus shall be registered in the office of the Finance Director, such registration indicating the serial number, the owner and the place at which each such amusement and entertainment machine, device or apparatus is to be located. (Ord. 83-638, § 2)
Part 4. Permit Procedure
§ 6370 Permit Required for Certain Businesses.
In addition to the payment of a license fee as provided for in Parts 2 and 3 of this Chapter, certain businesses, professions, trades or occupations set forth in Part 5 shall first obtain, as provided in this Part, a permit to operate such business, profession, trade or occupation within the City of Carson. No person shall operate such a business, profession, trade or occupation without first obtaining a permit to do so as hereinafter set forth. The Director of Finance, or his authorized deputy, shall not issue a license to any person to conduct a business, profession, trade or occupation for which a permit is required as hereinafter set forth unless said person has in existence a valid and unexpired permit from the City to conduct said business, trade, and/or occupation. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6371 Permit Required for Certain Businesses – Separate.
A separate permit shall be applied for and obtained for each and every business, occupation, trade or profession for which a permit is required by Part 5 or any other provision of this Code, regardless of community of ownership of such business, occupation, trade or profession with any other business, occupation, trade or profession, or whether the same have a common management or location. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6372 Other Businesses Not Enumerated.
This Part provides a special permit procedure for those businesses enumerated in Part 5. The omission therefrom of other businesses or activities covered in other provisions of this Code requiring permits or franchises shall not be deemed or construed as an intention to relieve such businesses or activities from the permit procedure or franchise procedure under which they may be governed, or which may be applicable under other sections of this Code or State Law. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6373 Unlawful Businesses.
Notwithstanding any other provisions of this Part the Finance Director shall not issue a permit to anyone to operate or participate in the operation of any business, profession, trade, occupation, service or activity which is made unlawful by this Code or by State Law. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6374 Application.
The application for any permit required by Parts 4 and 5 shall be filed with the Finance Director, shall be signed and verified by the applicant, and shall set forth at least the following information:
(a) The name and address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation.
(b) The name and address of the person by whom employed, if any. If filed on behalf of a partnership, corporation or association, then the names and addresses of the partners or principal officers of the partnership, corporation or association shall be stated, and if applicant is a corporation, the names and addresses of its directors and the name and address of the officer who is duly authorized to accept the service of legal process.
(c) The nature of the business for which a permit is requested.
(d) The place where such business is to be conducted.
(e) A brief description of the nature and amount of equipment to be used in the business.
(f) The personal description of the applicant, if an individual.
(g) Such evidence of the identity of the applicant as the Finance Director may require.
(h) Fingerprints and thumbprints of an individual applicant only when specifically required. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6375 Permit Fee.
Unless otherwise stated in Part 5 of this Chapter, the fee for filing an application for a permit pursuant to this Part shall be $25.00 payable in advance. The application fee is nonrefundable. The license fee prescribed in Part 3 of this Chapter for the particular business, in addition to the permit fee, shall accompany the application. If a permit be denied, the license fee paid shall be refunded. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6376 Granting or Refusal of Permit.
Except as may otherwise be provided in this Part, the Finance Director, upon an investigation of an application and of the business proposed to be conducted upon said premises, may grant or refuse to grant a permit. The Finance Director shall have the right to refuse to grant any permit if he determines that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, morals or welfare of the City or its inhabitants. In addition, no permit shall be granted if:
(a) The business is prohibited by any local or state law, statute, rule or regulations, or prohibited in the particular location by any law, statute or rule.
(b) The granting of the permit would result in the establishment of use or occupancy of land in violation of the Zoning Ordinance or Zoning Map of the City.
(c) The granting of the permit would result in an occupancy or use in violation of any other provision or regulation of this Code.
(d) The granting of the permit or occupancy or use pursuant thereto would result in the creation or maintenance of a public nuisance.
(e) The granting of the permit, by reason of special or unusual circumstance, would be detrimental to the public interest or endanger the public health, safety, morals or welfare.
(f) The applicant is unfit to be trusted with the privileges granted by such permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity.
(g) The applicant has knowingly made a false statement on a material matter in the application and it is, therefore, in the public interest that such permit not be granted. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6377 Real Party in Interest.
The Finance Director, Chief of Police, or other appropriate officer may examine under oath any applicant to determine who is the real party in interest in the business, profession, trade or occupation for which a permit is sought. If the Finance Director or other official having jurisdiction is satisfied that the person in whose name the application is made is not the real party in interest, he may deny the permit.
If the Finance Director or such other official finds that the real party in interest as to the application is one whose permit has been revoked or who has been refused a permit, he may treat the application as though made by the real party in interest for all purposes of this Chapter. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6378 Change of Interest.
Every person having a permit issued pursuant to this Chapter shall within five (5) days after any change of ownership or any of the information or facts required to be stated in the application for permit, notify the Director of Finance in writing of any such change. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6379 Change of Advertised Name.
If any permittee adopts a name or designation not specified in its application for a permit, or changes such name or designation, such permittee shall, within five (5) days thereafter, notify the Finance Director in writing of such change. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6380 Change in Directors.
Within thirty (30) days after any change of directors of a corporate permittee, the permittee shall notify the Finance Director in writing of such change and shall file an application for approval of the change of directors, and pay a fee of $15.00. If such permittee shall fail to comply with the provisions of this Section, or if the Finance Director shall deny the approval of the change of directors, the permit theretofore issued to such corporation shall become null and void upon such change of directors without the Finance Director’s approval or upon such denial. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6381 Same – Conditions.
In granting any permit, the Finance Director may, in the application of the standards stated in CMC 6376 in order to protect the public peace, health, safety, morals or welfare, impose reasonable conditions or regulations pertaining to the conduct of such business or the occupancy or use of any land or building in connection therewith, in addition to, but not limited by those regulations contained in this Part. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6382 Investigation.
Upon receipt of an application for a permit under this Part, the same shall be referred to the appropriate agencies for investigation and report pertaining to relevant zoning, building, health, safety, fire and law enforcement. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6383 Revocation – Suspension – Grounds.
Any permit issued under the terms of this Part may be revoked or suspended at any time thereafter by the Finance Director in the following instances:
(a) Where the permittee has violated any terms or provisions of said permit, any provisions of the Carson Municipal Code, or any other ordinance or statute relating to the permitted activity;
(b) Where the permittee has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any governmental agency;
(c) Where the permittee has been convicted of a felony or any crime involving theft, embezzlement or moral turpitude;
(d) Where the permittee has committed any act constituting dishonesty or fraud;
(e) Where the permittee has demonstrated a bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity;
(f) Where the permittee has committed any unlawful, false, fraudulent deception or dangerous act while conducting a licensed business;
(g) Where the permittee has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a licensed business;
(h) Where the permittee has violated any rule or regulation adopted by any governmental agency related to the licensee’s business;
(i) Where the permittee willfully fails to comply with the terms of any contract made as a part of the exercise of the licensed business;
(j) Where the permittee has conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public;
(k) Where the permittee has demonstrated that he is unfit to be trusted with the privileges granted by the permit and license. (Ord. 71-162; Ord. 76-389, § 1)
§ 6384 Suspension or Revocation – Capping.
In addition to the grounds stated in any other section of this Chapter, the Finance Director shall suspend for a period of not less than ten (10) days nor more than sixty (60) days an ambulance operator license granted pursuant to CMC 63100 and 63103 or a tow truck operator license granted pursuant to CMC 63100 and 63151 if he finds that any such licensee, his agent or employee, general manager, or person who is exercising managerial authority of or on behalf of the licensee has acted as a runner or capper as prohibited by Sections 6151 and 6152 of the California Business and Professions Code.
In addition to the grounds stated in any other section of this Chapter, the Finance Director shall revoke an ambulance operator license granted pursuant to CMC 63100 and 63103 or a tow truck operator license granted pursuant to CMC 63100 and 63151 if he finds that any such licensee, his agent or employee, general manager, or person who is exercising managerial authority of or on behalf of the licensee or any combination of such persons has acted as a runner or capper as prohibited by Sections 6151 and 6152 of the California Business and Professions Code more than once in any twelve (12) month period. (Ord. 74-322, § 1; Ord. 76-389, § 1)
§ 6385 Appeal – Initiation – Contents of Notice of Appeal.
Any person may file an appeal with the City Clerk from any decision of the Finance Director or any condition or regulations imposed by the Finance Director. Any such appeal shall be in writing and shall specify:
(a) The name and address of appellant;
(b) The matter being appealed;
(c) A statement of the grounds of appeal. (Ord. 71-162, § 6388; Ord. 76-389, § 1)
§ 6385.1 Notice of Deficiency.
If a Notice of Appeal filed with the City Clerk is found by the City Clerk to be deficient, the City Clerk shall forthwith deliver or mail or cause to be mailed to the appellant by certified mail addressed to the appellant at the address of the appellant accompanying said Notice of Appeal, a Notice of Deficiency specifying the particulars in which the Notice of Appeal is deficient. If such deficiency has not been corrected by the appellant within seven (7) days after such mailing of such Notice of Deficiency by filing with the City Clerk a sufficient amendment to said Notice of Appeal, the Notice of Appeal shall be deemed to be withdrawn. (Ord. 76-389, § 1)
§ 6385.2 Transmission of Factual Data.
Upon the filing of a Notice of Appeal, the City Clerk shall notify the Finance Director, who shall thereupon transmit to the City Clerk a copy of the factual data in the file of the Finance Director. Upon receipt of the factual data, the matter shall be placed on the agenda of the City Council for hearing. (Ord. 76-389, § 1)
§ 6385.3 Hearing on Appeal – Notice.
Whenever a hearing is required by this Part, notice of the hearing is to be given to the appellant not less than five (5) days before such hearing either by registered or certified mail, postage prepaid, return receipt requested, addressed to the appellant or other interested person at the address stated in the notice of appeal or as filed with or known to the City Clerk, or in the manner required for the service of summons in civil actions. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6385.4 Hearing.
At the time of the hearing, the Council shall hear and consider any relevant and material evidence and reports. In such hearing, the appellant shall be given an opportunity to appear either personally or by counsel and to be heard and to call witnesses on his behalf. The Council may place any witness, including the appellant, under oath. The hearing may be continued from time to time as determined necessary by the Council or upon the request of the appellant upon good cause being shown therefor, in the sound discretion of the City Council. (Ord. 76-389, § 1)
§ 6385.5 Hearing – Decision.
At the close of the hearing or at any time within thirty (30) days thereafter, the City Council shall determine from the facts produced at the hearing and from any other facts in its possession and presented at such hearing, whether to grant or deny the appeal. The Council may make its order conditional upon the appellant doing or not doing any act, either personally or through his servants or agents, which the Council deems for the public good. (Ord. 71-162; Ord. 76-389)
§ 6385.6 Notice of Decision.
Unless the Council publicly announces its decision at the close of the hearing, it shall, within thirty (30) days thereafter, cause notice of its decision to be given. Such notice shall be given either by personal delivery thereof to the appellant or to any employee of such appellant at the address set forth in the notice of appeal, providing said permittee is absent from said place of business, or by depositing such notice in the United States Mail in a sealed envelope, first class registered or certified mail, postage prepaid, return receipt requested, addressed to the appellant at said address or to such other address of the appellant as may be filed with or known to the City Clerk. Service by mail shall be deemed to have been completed at the time of the deposit in a facility of the United States Post Office Department in the City. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6386 Proof of Notice.
Proof of giving any notice herein required may be made by the certificate of any officer or employee of this City, or by affidavit or declaration under penalty of perjury of any person over the age of eighteen (18) years, which shows service in conformity with this Part. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6387 No License to Be Issued.
After revocation or suspension of any permit by the Finance Director, no license shall thereafter be issued by the Finance Director to the licensee or permittee to carry on any business or do any act for which said permit was granted until a new permit and license shall have been granted therefor by the City Council following a public hearing pursuant to the procedure provided in CMC 6385.3, 6385.4, and 6385.5. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6388 New License Required.
No person whose license or permit has been suspended or revoked pursuant to this Part shall engage in or carry on any business or do any act permitted to be done pursuant to such license or permit during the period of suspension or after revocation thereof, until a new license or permit shall have been granted and both such permit and license shall be in full force and effect. (Ord. 76-389, § 1)
§ 6389 False Statements.
No person shall make any false, misleading or fraudulent statement, or misrepresentation of any fact in any application for a license or permit required to be filed with the Finance Director or any authorized officer or employee of this City. In addition to any other penalties provided in any Chapter of this Code, such conduct shall be grounds for suspending or revoking any license or permit issued to such person. (Ord. 71-162, § 1; Ord. 76-386, § 1)
§ 6390 Posting.
Permits shall be posted or kept in like manner as provided with respect to licenses in CMC 6328. (Ord. 71-162, § 1; Ord. 76-386, § 1)
§ 6391 Annual Renewal.
Notwithstanding any other provision of this Chapter, permits issued hereunder shall be renewed annually by the Director of Finance provided he has received favorable reports with respect thereto from all investigating agencies concerned. The purpose of the annual renewal herein contained is to determine compliance with the provisions of this Code and with any terms or conditions of permit issued under this Chapter. (Ord. 71-162, § 1; Ord. 76-386, § 1)
§ 6392 Nontransferability.
No permit issued under this Part shall be transferable except by the consent of the Finance Director. (Ord. 71-162, § 1; Ord. 76-386, § 1)
§ 6393 Nonprofit Organizations.
Upon written request and for good cause, the Council may, by motion adopted by four-fifths (4/5) of its members, waive any of the requirements of this Chapter as to application, hearing and permit fees with respect to any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable, religious, educational, recreational, or scientific purposes and from which profit is not derived either directly or indirectly by any individual, firm or corporation. (Ord. 71-162, § 1; Ord. 76-389, § 1)
§ 6394 Permit Fees – Due Dates.
(a) All permit fees required by Parts 4 and 5 of this Chapter shall be due and payable to the City in advance, whether such fees shall be for an original permit or a renewal permit. All annual permits originally issued prior to January 1, 1989, and thereafter renewed and in effect, shall upon expiration of the current term be renewed for terms as follows:
(1) If the permit is not held by a person required to have a business license, the term shall be determined in accordance with rules, regulations and procedures formulated by the Director of Finance, and if the term shall be less than one (1) year, the permit fee shall be a pro rata portion of the annual permit fee.
(2) If the permit is held by a person holding a business license for such activity or business, the term of the permit shall be established by the Director of Finance pursuant to subsection (c) of this Section, and if the term shall be less than one (1) year, the permit fee shall be a pro rata portion of the annual permit fee.
(3) If there is any other circumstance not covered in paragraphs (1) or (2) above, the Director of Finance shall formulate rules, regulations and procedures to establish the term of the permit and if such term be less than one (1) year, to assign a pro rata portion of the annual fee thereto. In such case, the Director of Finance shall also formulate rules, regulations and procedures to coordinate the term of such permit and the term of any license where appropriate.
(b) The term of original annual permits issued after January 1, 1989, shall run from commencement of the business or activity for which a permit is required to the last day of the eleventh calendar month following the month in which the business or activity commenced (termination date). The anniversary date shall be the first day of the calendar month following the termination date. Permit fees are payable on or before the anniversary date. All existing permits which will terminate on December 31, 1988, are required to be renewed January 1, 1989, or such later date as may be established by the Finance Director pursuant to CMC 6351. Notwithstanding the foregoing provisions of this subsection (b), all permit fees for permits issued to a permittee at one (1) location shall be payable on the same anniversary date as the business license for the business at such location pursuant to the provisions of CMC 6325, and the terms of such permits shall be the same as the terms of the business licenses for the business at such location pursuant to CMC 6335.
(c) Notwithstanding any provisions to the contrary contained in this Chapter 3, the Finance Director is hereby authorized and directed, pursuant to CMC 6314 and 6343, to formulate such rules, regulations and procedures as may be necessary and desirable to co-ordinate the time of payment of fees for an original permit or a renewal permit with the time of payment provided for in CMC 6325 relating to license fees, so as to facilitate the administration of this Chapter. (Ord. 76-162, § 1; Ord. 76-389, § 1; Ord. 88-840, § 4; Ord. 89-860U, § 1; Ord. 89-860, § 1; Ord. 89-895U, § 2)
§ 6395 Delinquency and Penalties – Permit Fees.
(a) Delinquency defined: Any permit fee required by this Chapter is delinquent if not paid by 5:00 p.m. on the day that such permit fee becomes due and payable. Original permit fees are due prior to the commencement of any business requiring such permit fee. If the day the permit fee becomes due and payable falls on a Saturday, Sunday, National or State Holiday or any other day the City’s offices are closed, such permit fee is delinquent if not paid by 5:00 p.m. on the next business day.
(b) Any daily, weekly or monthly permit fee required by this Chapter that remains unpaid after 5:00 p.m. on the day that the fee becomes due and payable shall be assessed a penalty of fifty (50) percent of the amount of the permit fee, which penalty shall be added to the fee. When the day that the penalty is to be imposed falls on a Saturday, Sunday, National or State Holiday, or on any other day the City’s offices are closed, the penalty shall be imposed if the fee is not paid by 5:00 p.m. on the next business day.
(c) Any annual permit fee required by this Chapter that is not paid by 5:00 p.m. on the second business day of the second calendar month immediately succeeding the month in which the fee becomes due and payable shall be assessed a penalty of fifty (50) percent of the amount of the permit fee, which penalty shall be added to the fee. (Ord. 73-258, § 1; Ord. 76-389, § 1; Ord. 88-850, § 3; Ord. 89-860U, § 2; Ord. 89-860, § 2; Ord. 89-895U, § 3)
§ 6396 Additional Power of the Director of Finance.
The Director of Finance shall have the power, for good cause shown, to extend the time for filing any application for a permit or renewal of a permit required by this Chapter and the due date for payment of the fee for such permit for a period not exceeding thirty (30) days and in such case to waive any penalty that may otherwise have accrued during such thirty (30) day period. The Director of Finance shall have the power to compromise any dispute with respect to a permit fee imposed hereunder upon the written approval of the City Attorney and the approval of the Council. (Ord. 89-895U, § 4)
Part 5. Businesses, Professions, Trades and Occupations Requiring a Permit
§ 63100 Permit Required.
A separate permit shall be required for each business, occupation, trade or profession mentioned in any of the following sections of this Part. The permit fee therefor shall be $25.00 per year unless otherwise specified in connection with the particular business, occupation, trade or profession. (Ord. 71-162)
§ 63101 Advertising – Search Lights.
(Ord. 71-162)
§ 63102 Advertising – Sound Trucks.
(Ord. 71-162)
§ 63103 Ambulance Operator.
The Finance Director shall not issue an Ambulance Operator’s Permit unless the applicant has complied with the following conditions:
(a) Filed a policy of public liability and property damage insurance on such ambulances, with minimum coverage of not less than the following sums:
(1) For injury to or the death of any one (1) person in any one (1) accident, $100,000.
(2) For injury to two (2) or more persons, or the injury to one (1) person or more, and the death of one (1) person or more, in any one (1) accident, $300,000.
(3) For injury or destruction of property in any one (1) accident, $25,000.
(b) In place of one (1) insurance policy the applicant may file not more than two (2) insurance policies, one a policy of primary insurance and the second a policy of excess insurance, if the total insurance resulting from such policies is equal to, or greater than, that required by this Section.
(c) Each policy of insurance shall be approved by the City Attorney and shall include, as a part thereof, an endorsement in substantially the following form:
Notwithstanding any inconsistent expressions in this policy to which this endorsement is attached thereto or made a part thereof; the protection afforded by this policy (as supplemented by Policy No. __):
(1) Covers any liability arising out of the operation of the ambulances insured and resulting from any cause whatsoever in connection therewith, within the limits designated within paragraph (2) hereof, which may be imposed by law upon the insured for damage because of bodily injury or death or injury to or destruction of property.
(2) Guarantees payments in satisfaction of liabilities hereunder separately for each occurrence in the amounts prescribed by this Section.
(3) Guarantees payment within thirty (30) days to every plaintiff securing a final judgment against the assured, of the judgment hereby awarded, within the applicable limits of liability above specified.
(4) Provides that it shall be a continuing undertaking notwithstanding and unaffected by any action or recovery thereunder.
(5) Stipulates that it shall not be contingent upon the financial responsibility of the insured or upon any act or omission on his part; however, that nothing herein contained shall affect any right of the insurer against the insured.
(6) Provides that it shall not be subject to cancellation except after notice to the Finance Director by registered mail, at least thirty (30) days prior to the effective date of such cancellation.
(7) Covers all vehicles owned or operated by or for the named insured in the City of Carson or pursuant to any permit or contract granted by any agency of the City.
(Ord. 71-162)
§ 63103.1 Same – Inspection.
The City Council shall not approve the issuance of a permit to any ambulance operator until each ambulance owned or to be operated by such operator has been inspected and found to be in compliance with all the provisions of this Code and all safety regulations approved by the Council. (Ord. 71-162)
§ 63103.2 Same – Attendant Required.
An ambulance operator shall not, and an ambulance driver shall not, transport any sick or injured person in any ambulance unless, in addition to the ambulance driver, there is present in such ambulance an ambulance attendant who either possesses and carries on his person a current American Red Cross Advanced First Aid Card, or is in good faith under instruction in such course. (Ord. 71-162)
§ 63103.3 Same – Inspection of Equipment.
At least once every three (3) months, each ambulance of a licensee shall be inspected by the Chief of the Los Angeles County Mechanical Services. The Chief shall inspect all ambulances on the premises of the applicant or licensee if the applicant or licensee so requests except:
(a) If the ambulance is not available at the time and place agreed upon, the Chief, Mechanical Services, shall leave, at the premises, a written notice instructing the applicant or licensee within ten (10) days to make an appointment with the Chief, Mechanical Services, at a place designated by the Chief.
(b) If equipment is necessary to make such inspection or any part of such inspection, which equipment is not available on the premises of the applicant or licensee, or if the applicant or license does not request inspection at his premises, said Chief shall serve the same notice as required by subdivision (a) of this Section on such applicant or licensee either as provided by the law for the service of summons or by First Class Mail, Postage Prepaid. (Ord. 71-162)
§ 63103.4 Same – Return of License Plate.
If a licensee fails or refuses to make the appointment required by a notice from the Chief of Mechanical Services, pursuant to either CMC 63103.3(a) or (b), or fails or refuses to deliver an ambulance to the place designated by said Chief at the appointed time, the Finance Director shall notify such licensee in writing, that his license does not cover such ambulance and such ambulance shall not be used as such. The Finance Director shall also pick up any plates issued for such ambulance.
A person shall not operate any ambulance at any time after receipt by him of such notice from the Finance Director pursuant to this Section. (Ord. 71-162)
§ 63103.5 Same – Regulations.
The City Council may impose such regulations on the type of ambulance and type of equipment used as the Council finds is necessary for the preservation of the health and safety of the patients of an ambulance operator and those using the highways.
The Chief, Mechanical Services, shall not approve and the Finance Director shall not issue an ambulance license for any ambulance which at the time of application is more than eight (8) years old. (Ord. 71-162)
§ 63103.6 Same – Rates.
An ambulance operator shall charge those rates specified in the permit for services rendered. (Ord. 71-162)
§ 63103.7 Same – Rebates.
An ambulance operator shall not give directly or indirectly or cause to be given any rebates, commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons, or groups of any nature. (Ord. 71-162)
§ 63104 Ambulance Attendant.
Permit Fee $5.00. Except as may otherwise be provided, every ambulance attendant shall possess at the time of his application and during the period for which such ambulance attendant’s permit is issued, and shall carry on his person while in an ambulance transporting a sick or injured person, an American Red Cross First Aid Card.
Notwithstanding the preceding sentence, an applicant for an ambulance attendant permit who does not have an Advanced American Red Cross First Aid Card in his possession at the time of his application shall be issued a contingent permit upon a finding by the Finance Director that the applicant meets any of the following criteria:
(a) Has a Standard American Red Cross First Aid Card in his possession and is in good faith enrolled in a course of training which will result in the issuance of the Advanced American Red Cross First Aid Card within ninety (90) days.
(b) Is in good faith enrolled in a course of training which will result in the issuance of a Standard American Red Cross First Aid Card within fifteen (15) days and of an Advanced American Red Cross First Aid Card within ninety (90) days.
If the applicant fails to obtain the required American Red Cross First Aid Card at the above specified times, the attendant’s permit shall be revoked without notice and the Finance Director shall take into his possession such revoked permit or evidence of such revoked permit. (Ord. 71-162; Ord. 71-197, § 1).
§ 63105 Ambulance Driver.
Permit Fee $5.00. Every ambulance driver shall possess at the time of his application and during the period for which such ambulance driver’s permit is issued, and shall carry on his person while transporting any sick or injured person, a valid driver’s license of the appropriate class duly issued by the State of California permitting his driving of the ambulance upon the public streets and highways and an Advanced American Red Cross First Aid Card. In the event that either such driver’s license or American Red Cross First Aid Card is suspended, revoked, restricted or shall otherwise cease to continue in full force and effect, the ambulance driver’s permit shall be revoked without notice. The Finance Director thereupon shall take into his possession such permit or evidence of such permit so revoked. (Ord. 71-162; Ord. 71-197, § 2)
§ 63106 Amusement Center or Arcade.
(a) Sales and services of alcoholic beverages may be conducted provided that a conditional use permit has been granted, pursuant to the Zoning Ordinance, permitting such sales and services.
(b) Management shall prevent loitering and obstruction of pedestrian traffic in front of the arcade or amusement center by clientele of the premises.
(c) No machine shall be played between 2:00 a.m. and 6:00 a.m., except as necessary for normal maintenance work by the permittee, or the permittee’s approved employees.
(d) The office area, if any, and restrooms shall remain locked and permission to use them granted only by management. However, access to all restroom facilities shall be available during business hours.
(e) No person under eighteen (18) years of age will be allowed on the premises where the machines are located after 10:00 p.m. on any day unless accompanied by parent or guardian.
(f) The permittee shall comply with all of the provisions of CMC 63107 through 63107.3.
(g) Failure to comply with the regulations provided by this Section shall be cause for immediate suspension or revocation of the permit pursuant to CMC 6383. (Ord. 83-650, § 1; Ord. 83-664, § 1)
§ 63107 Amusement and Game Machines.
Each application for a permit for any coin-operated machine of skill open to the public shall describe the type of machine, the serial number, if any, the name of the manufacturer and the location where each machine is to be operated. (Ord. 71-162)
§ 63107.1 Same – Regulations.
(a) Each machine shall bear the name of the permittee in plain view in letters of not less than one-fourth (1/4) inch in height.
(b) No person, either as principal, agent, employee or otherwise, shall operate, play or utilize, or permit any person or persons to operate, play or utilize any amusement machine, pinball machine, game or device for the purpose of gambling, betting, wagering or pledging in any manner whatsoever any money, thing, or consideration of value or the equivalent or memorandum thereof, upon the outcome, score or result of the playing or operation of said amusement machine, game or device, except as provided in Chapter 7 of Article VI of this Code.
(c) A floor plan, plot plan, and layout shall be supplied and approved by the Director of Finance and Administration and no changes or alterations in the plans shall occur without prior approval of the Director of Finance and Administration.
(d) Every establishment containing an amusement or game machine shall have an adult attendant on duty at all times. Any person assuming managerial control must be at least twenty-one (21) years of age and be approved by the Director of Finance and Administration.
(e) No person under the age of eighteen (18) shall be permitted to play any amusement or game machine during the hours of 8:00 a.m. to 2:30 p.m. on any day in which the public schools are in regular (nonsummer) session.
(f) Failure to comply with the provisions of this Section shall be cause for immediate suspension or revocation of the permit pursuant to CMC 6383. (Ord. 71-162; Ord. 83-650, § 2)
§ 63107.2 Same – Transfer Fee.
Any such machine or device permitted under this Part may be removed from the place of operation for which it has been licensed and replaced with a like or similar machine or device at any time during the term of the permit issued therefor upon the payment to the Finance Director of a transfer fee in the amount established by resolution of the City Council and submission in writing to such officer of all the information concerning such replacement machine or device as is required in an initial application for any such machine or device. (Ord. 71-162; Ord. 83-650, § 3)
§ 63107.3 Same – Penalties.
Each and every such machine operated at any location in the City without a permit therefor or not complying with the regulations of this Part or of any other sections of this Code, may be sealed against further operation and held by the City, at the owner’s risk, until all license and permit fees, storage charge, and other accumulated costs are paid. (Ord. 71-162; Ord. 83-650, § 2)
§ 63108 Auctioneers – Applications.
Application for a permit shall be made upon forms furnished by and shall be filed with the Finance Director. (Ord. 71-162)
§ 63108.1 Auctioneers – Bond.
An auctioneer’s bond shall be filed with the Finance Director prior to the issuance of a permit. The bond shall be in the amount of $2,500, and shall insure the City of Carson against any loss or damage that may result to any person, firm or corporation who is aggrieved or damaged by any act of the permittee as auctioneer or by any of his employees or by the fraud or misdealing of any kind by such auctioneer or employee. Such undertaking shall not be void upon a first recovery but may be sued upon and recovered upon from time to time by any person aggrieved until the full penalty sum is exhausted. (Ord. 71-162)
§ 63108.2 Auctioneer – Exceptions.
No auctioneer’s permit is required for the selling of any goods at public sale belonging to the United States, or to this State, or for the sale of property by virtue of any process issued by any state or federal court.
No auctioneer’s permit is required of any person selling his own property at his own private residence. (Ord. 71-162)
§ 63109 Auction House – Application.
Any person commencing or conducting an auction house shall first obtain a permit from the City Council. Application for such permit shall be made upon forms provided by the Finance Director. (Ord. 71-162)
§ 63109.1 Auction House – Bond.
No auction house permit shall be issued unless there is on file with the Finance Director a surety bond in the principal sum of $5,000 indemnifying any person against any loss through fraud or misrepresentation. Any person licensed by the State and having deposited a bond with the State shall not be required to file a bond with the Finance Director; provided, however, in such case the Finance Director shall make a record of the expiration date of the State bond and note the expiration date on the City Permit.
Any City Permit for an auction house shall be revoked automatically whenever any such bond becomes ineffective for any reason unless the principal shall file a new surety bond in compliance with the provisions of this Section prior to the date such bond may become ineffective. (Ord. 71-162)
§ 63110 Auction – Private Residences.
A person shall not sell at public auction, at a private residence, any goods, wares, or merchandise, except goods, wares, or merchandise belonging to the resident of such home and used as, or as a part of, the furnishings of such residence. (Ord. 71-162)
§ 63111 Auction – Goods of One (1) Person.
If either a public or private auction is advertised to be, or in any manner represented to be a sale of the property or stock of any particular person, a person shall not sell or offer for sale at such auction any goods, wares, or merchandise other than the property or stock of such person. (Ord. 71-162)
§ 63112 Auto Body and Fender Shop.
Permit Fee $50.00. Any auto body and fender shop permit does not include or permit the painting, enameling or lacquering of motor vehicles except the parts repaired or replaced when such painting, enameling or lacquering is made necessary by such repair or replacement. (Ord. 71-162)
§ 63113 Auto Dismantling.
Permit Fee $150.00. Every auto dismantler or wrecker shall keep records upon forms and made in the manner prescribed by the Chief of Police, providing the required information relative to automobiles wrecked, dismantled, purchased, pledged or consigned. (Ord. 71-162)
§ 63114 Auto Painting.
Permit Fee $50.00. (Ord. 71-162)
§ 63115 Auto Repair Shop.
Permit Fee $50.00. Every repairer shall keep records upon forms prescribed by the Chief of Police of:
(a) Repairs on every motor vehicle where there is physical evidence of a wreck or collision;
(b) Repairs of a motor vehicle for which a charge of $10.00 or more is made;
(c) The name and address of every person from whom secondhand parts were obtained. Such person shall sign such records and the repairer shall require such persons to sign such records;
(d) All motor changes, frame changes, body changes and the serial and factory numbers of all radios which he installs. (Ord. 71-162)
§ 63115.1 Auto Repair Shop – Inspection of Records.
For a period of not less than one (1) year after the completion of the work, a repairer shall make available to inspection by the Chief of Police or by any other peace officer during business hours all records required by this Article. (Ord. 71-162)
§ 63115.2 Same – Itemized Statement.
Upon the demand of such person, a repairer shall furnish an itemized statement of parts and labor used in repairing any motor vehicle of the charges made therefor, to:
(a) The legal owner of such motor vehicle;
(b) The registered owner of such motor vehicle;
(c) The insurer of such motor vehicle or of the legal or registered owner or operator thereof. (Ord. 71-162)
§ 63115.3 Same – Secondhand Parts.
Whenever a repairer uses any secondhand parts in repairing or altering any motor vehicle, such repairer shall so inform the person for whom he is performing such repair or alteration, and shall also so state upon any bill rendered and upon any record required by this Part. (Ord. 71-162)
§ 63115.4 Same – Signs.
Every repairer shall maintain upon the front of his place of business, a sign displaying the plainly legible letters of his name or any fictitious name under which he conducts his business. (Ord. 71-162)
§ 63115.5 Same – Revocation of Permit.
In addition to any other reasons, the City Council may revoke the permit of any repairer upon any of the following grounds:
(a) The conviction of the repairer or his agent, servant, or employee of the theft or other unlawful taking of any motor vehicle or motor vehicle part;
(b) The mutilation or alteration of any engine number or serial number of any motor vehicle;
(c) The misstatement of work done, among other things, including:
(i) The installation of old parts and charging for new parts;
(ii) Charging for parts not installed. (Ord. 71-162)
§ 63115.6 Auto Repairs – Service Station.
No automobile repair activity or business may be conducted in connection with a service station or service station business without an auto repair shop permit under this Part. Lubrication, replacement of windshield wiper blades, oil filter cartridges, tires, and like accessories, and minor adjustments or temporary repairs at a cost not to exceed $5.00 to enable a vehicle to be driven to an auto repair shop, do not constitute repair activity or business for the purpose of this Section. (Ord. 71-162)
§ 63116 Bath Parlors.
Permit Fee $1,500. “Bath parlor” means and includes a place where, as a business or in connection with a business, Russian, Swedish or Turkish baths are provided, or any public place which has in connection therewith a steamroom, dry or hot room plunge, swimming pool, shower bath or sleeping accommodations. (Ord. 71-162; Ord. 71-183)
§ 63117 Billiard and Pool Halls.
No owner, manager, proprietor or other person having charge of any billiard room or pool hall shall keep the same open or allow or permit the same to be kept open or allow or permit any game to be played therein from 2:00 a.m. until 6:00 a.m. of any day, or allow or permit any person except such owner, manager, proprietor or person in charge thereof, or the employees regularly employed in and about the same, to be or remain therein between the hours aforesaid. (Ord. 71-162)
§ 63117.1 Billiard and Pool Halls – Disorderly Persons.
No owner, manager, proprietor or other person in charge of any billiard room or pool hall shall allow or permit any intoxicated, quarreling or disorderly person or persons to be or remain in such place. (Ord. 71-162)
§ 63117.2 Billiard and Pool Halls – Minors.
A person under the age of eighteen (18) years shall not enter, or remain on or in any billiard room or pool hall except when such person is accompanied by a spouse of legal age, or his parent or guardian, or has the written permission of his parent or guardian. The written consent shall be in a manner and form approved by the Finance Director.
No person under the age of eighteen (18) years who is not accompanied by a parent or guardian shall be allowed to be in, remain in, enter or visit such place unless an adult supervisor employee of the permittee is present in said room at all times. A person under the age of sixteen (16) years shall not be, remain in, enter or visit any billiard room or pool hall after 10:00 p.m. unless attended by a parent or his legal guardian. (Ord. 71-162)
§ 63117.3 Billiard and Pool Halls – Obstruction of Entrance.
A person shall not maintain any billiard room or pool hall, or similar place of business to which the public is invited, or any social billiard club, where there is placed, constructed, or maintained any screen, partition, barrier, closet, alcove, or object which may obstruct the visibility of any part of such establishment except rest rooms:
(a) From the street or sidewalk, if such establishment is located on the ground floor;
(b) From the entrance of any establishment which is located either entirely below the level of the street or sidewalk or on the second or higher floor of any building or other structure. (Ord. 71-162)
§ 63117.4 Billiard and Pool Halls – Exceptions.
Notwithstanding the foregoing, any person having charge of any billiard or pool hall may apply to the Council for a permit to keep the same open from 2:00 a.m. until 6:00 a.m. The Council may grant such a permit if the following conditions are met:
(a) The operation of the billiard or pool hall is on the same premises and in connection with another business which is normally and regularly operated between the stated hours;
(b) There is no objection to the issuance of the permit by the law enforcement agency. (Ord. 71-162)
§ 63117.5 Billiard and Pool Halls – Rules and Regulations.
The City Council may adopt such additional rules and regulations as it finds are necessary and expedient to enforce the provisions of this Part. (Ord. 71-162)
§ 63118 Bookstores, Including Mail Order Bookstores.
Permit Fee $100.00. In addition to the grounds for denial of a permit set forth in CMC 6376, a bookstore permit shall not be granted if the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager:
(a) Has been convicted within the last five (5) years preceding the date of application in any court of competent jurisdiction of:
(i) Any crime requiring registration under Section 290 of the Penal Code; or
(ii) Any violation of Chapter 7.6 or Chapter 8 (Section 311 to 318.6 inclusive) of Title 9, Part 1 of the Penal Code; or
(iii) Any violation of Paragraphs (a), (b) or (d) of Section 647 of the Penal Code; or
(iv) Any offense involving the use of force and violence upon the person of another;
(v) Any offense involving the maintenance of a nuisance in connection with the same or similar business operation.
(b) Has committed with said last five (5) years any offense described in subsections (a)(i), (a)(ii) or (a)(iii) of this Section.
(c) Has allowed or permitted acts of sexual misconduct to be committed within prior business operations of the applicant, or with which applicant was connected.
(d) The applicant has had a similar type of permit previously revoked for good cause within one (1) year prior to the application, or if he has, has not shown material changes in circumstances since such revocation.
In addition to the grounds for suspension or revocation of a permit set forth in CMC 6384, the City Council may suspend or revoke a bookstore permit on any of the grounds or by reason of any matter or fact set forth in Paragraphs (a), (b) or (c) of this Section 63118. (Ord. 71-162)
§ 63119 Carnival – Application.
Any person desiring to operate or conduct a carnival within the City shall file with the Director of Finance an application for a permit. Such application shall be so filed not less than twenty-one (21) days before the first day on which the applicant seeks permission to operate, and shall show the following:
a. Name and address of applicant;
b. The location on which applicant desires to conduct such carnival;
c. The names and addresses of the officers of a corporate applicant, and of the partners if the applicant is a partnership;
d. The name and address of applicant’s insurance carrier and the number of the applicant’s public liability and property damage insurance policy;
e. The applicant shall be accompanied by a plot plan showing all land uses within five hundred (500) feet of the perimeter of the property on which the carnival is proposed to be conducted;
f. If one (1) or more residences are located within said five hundred (500) feet, the application shall not be accepted for filing unless accompanied by the written consent required by CMC 63119.1(b). (Ord. 71-162)
§ 63119.1 Same – Conditions of Permit.
The City Council may grant or deny such application. If such application is granted, a permit shall be issued on the following conditions:
a. The proposed operation shall be conducted only in a C-3, C-4, or M zone, except that the City Council may by specific action authorize permits in other zones if in accordance with the spirit of this Chapter and not detrimental to the surrounding area.
b. No carnival operation shall be conducted within five hundred (500) feet of any residence, unless the applicant for a carnival permit has first obtained the written consent of more than fifty (50) percent of the owners or tenants of any residence within a five hundred (500) foot radius of the proposed carnival site.
c. Such operation shall be conducted only between the hours of 10:00 a.m. and 10:00 p.m. unless otherwise expressly ordered by the City Council and provided in such permit.
d. A public liability and property damage insurance policy shall be filed with the City Clerk providing coverage of not less than $500,000 for injuries to any one (1) person, $1,000,000 for injuries arising out of any one (1) accident, and $100,000 property damage.
e. The applicant provide to the satisfaction of the City Council, for maintenance and cleanliness of the area in which such operation is conducted, prior to, during and upon completion of such operation.
f. That the applicant pay a fee of $50.00 to the City concurrently with the issuance of such permit.
g. That the permit issued to applicant be displayed at all times on the premises where such operation is conducted, during such operation.
h. Such other terms and conditions as the City Council may prescribe. (Ord. 71-162)
§ 63120 Circuses – Similar Operations.
Any circus, circus parade or other operation similar to a carnival or circus may be granted a permit upon compliance with and in accordance with all of the terms and conditions of CMC 63119 and 63119.1. (Ord. 71-162)
§ 63121 Dance – Application.
Every person desiring a permit to conduct a dance or to operate a dance hall or dance school shall file an application with the Finance Director upon a form provided by the Finance Director. Such application shall specify:
(a) The address and business name of the location for which the permit is desired.
(b) Name and business address of applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; and the applicant shall also set forth the date and place of incorporation; the names and residence addresses of each of the principal officers, directors, and each stockholder owning more than ten (10) 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. If one (1) or more of the partners is a corporation, the provisions of this Section pertaining to corporate applicants shall apply.
(c) The names and addresses of the persons who have authority or control over the place for which the license is requested and a brief statement of the nature and extent of such authority or control.
(d) If the applicant is leasing such premises from the owners, the application shall include the names and addresses of each of the owners of the premises upon which the activity is to be conducted.
(e) Such additional information pertinent to the operation of the proposed activity, including but not limited to information as to the management, authority, control, financial agreements, and lease arrangements as the Finance Director may require.
(f) The specific type of license for which application is being made.
(g) The address to which notice, when required, is to be sent or mailed, and the names of any individual or individuals, in addition to those set forth elsewhere in the application, who are authorized to accept service of process on behalf of the permittee.
(h) If the application is for a new license or for a renewal of an existing license.
(i) Whether or not the applicant, or officer, or director, or member of applicant, as the case may be, has ever been convicted of any crime, except misdemeanor traffic violations. In addition to the foregoing, any corporate applicant whose securities have been conditioned by the Commissioner of Corporations pursuant to Section 24, 141 of the Corporations Code of California, will state whether or not any stockholder owning more than ten (10) percent of the stock of such corporation has ever been convicted of any crime, except misdemeanor traffic violations. If any person mentioned in this subsection (i) has been so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction. (Ord. 71-162)
§ 63121.1 Same – Application for Special Dance.
An applicant for a special dance permit, in addition to the items required in CMC 63121 shall specify the number of dances held within the three (3) month period immediately preceding the date of the application. (Ord. 71-162)
§ 63121.2 Same – Application for Youth Dance.
An applicant for a youth dance permit, in addition to the items required in CMC 63121, shall specify the minimum age of the young people who will be permitted to participate in the dancing. (Ord. 71-162)
§ 63121.3 Same – General Regulations.
(a) Hours. No dancing may be conducted in an establishment operating under a permit issued pursuant to Parts 4 and 5 of this Chapter between the hours of 2:00 a.m. to 6:00 a.m. of the same day, except where a special permit has been issued by the Finance Director. Such special permit is good only for the one (1) day shown upon such permit.
(b) Minors. Except as may otherwise be provided, a person under eighteen (18) years of age shall not enter, be or remain on or in any public dance or club dance unless accompanied by his parent, legal guardian, or spouse over the age of twenty-one (21) years of age.
(c) Minors, Exceptions. Paragraph (b) does not apply to:
(1) Any dancing school except when such school is conducting a public or private dance for other than the regular instructions;
(2) Any youth dance or special dance where a permit has been granted pursuant to, and which is conducted in full compliance with, the provisions of this Chapter.
(d) Intoxicated Persons. No person who is in an intoxicated condition or under the influence of any drug shall appear in or be on any establishment holding a permit pursuant to this Chapter. A person who conducts or assists in conducting any such dance or establishment shall not permit any intoxicated person or persons under the influence of any drug to appear, be, or remain at such place.
(e) Minors – Alcoholic Beverages. A permittee shall not permit or allow any person under the age of twenty-one (21) years to be in any public dance hall or any public dance or club dance when alcoholic beverages are sold or served in the building or the premises where such public dance or club dance is being held or in which such public dance hall is situated, except when such person is accompanied by a parent or spouse over twenty-one (21) years of age. A person under the age of twenty-one (21) shall not be in any public dance hall or any public dance or club dance when alcoholic beverages are sold or served in the building, or in the premises where such public dance is being held or in which such public dance hall is situated, except when such person is accompanied by a parent or spouse over twenty-one (21) years of age.
(f) Exits. No dancing shall be permitted in any establishment where a permit is required which does not provide unlocked doors with free and easy egress while patrons are in the establishments.
(g) Solicitation of Drinks. No dancing may be conducted in establishments where a permit is required where employees solicit or accept drinks of alcoholic beverages from customers.
(h) Gambling. No dancing may be conducted in any establishment where a permit is required in which gambling in any form is permitted or tolerated or in which there is kept any machine or machines or other device designed or commonly used for the purpose of gambling in any form.
(i) Solicitation of Trade. No dancing may be conducted in any establishment where a permit is required at which solicitation of trade is made at or near the entrance thereto, either by personal solicitation or otherwise, by means of any device whereby the voice of the person soliciting can be heard at or near such entrance.
(j) Lighting. Every dance establishment operating under a permit issued in accordance with this Chapter shall be lighted throughout to an intensity of not less than three (3) foot-candles during all hours of operation except while a floor show is in progress.
(k) Parking. Every person operating an establishment under a dance permit issued in accordance with this Chapter, who owns, operates, or controls any parking lot adjacent to such establishment and used in connection therewith, shall uniformly light such parking lot to an intensity of not less than two (2) foot-candles.
(l) Supervision. At every establishment operating under a dance permit issued pursuant to this Chapter having a capacity of not less than two hundred (200) persons, not less than one (1) adult employee or supervisor shall be constantly in attendance during the entire time that any dance is in progress, and shall devote his entire time and attention to keeping order, checking the admission of minors, and seeing to it that all provisions of this Chapter are complied with. One (1) additional employee shall be employed for each one hundred (100) persons who could be accommodated whether actually present or not. In any establishment having a capacity of not less than three hundred (300) persons, not less than one (1) of the persons herein referred to shall be a female.
(m) Police Chief, Admission and Inspection. Deputy Police shall inspect any and all establishments operating under dance permits issued pursuant to this Chapter and the Chief of Police and/or his deputies shall be permitted to enter free of charge any establishment for the purpose of inspection.
(n) Readmission to Dance. No person shall be readmitted to any public dance or public dance hall unless either:
(1) An admission charge not less than charged to patrons entering such public dance or public dance hall for the first time is again paid; or
(2) The permit specifically provides that such readmission may be allowed.
(o) Additional Rules and Regulations. The Council may adopt and/or impose such additional rules and regulations as may be proper or necessary for the maintenance of public order, the promotion of public morals, assuring comporting with public welfare, and the orderly conduct of such places for the better enforcement of the provisions of this Chapter. (Ord. 71-162)
§ 63121.4 Same – Private Club.
No establishment operating under a dance permit issued pursuant to this Chapter may allow the premises to be used as a private club between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 71-162)
§ 63121.5 Same – Exceptions.
Notwithstanding any provisions of this Chapter to the contrary, the following are not required to have a dance permit and shall upon request be issued an exempt business license, but otherwise shall be subject to the regulatory provisions of this Chapter.
(a) Any governmental organization consisting of the State, or any subdivision thereof, the County, any City, or any recreational group, agency or organization thereof.
(b) Any nonprofit organization or group organized and existing for charitable religious, social, fraternal, patriotic or social welfare purposes where such dance or dances are not customarily carried on as a commercial enterprise or venture by such group and where such group or organization claiming exemption delivers to the Finance Director, either personally or by first class mail, a notice of the time and place of such dance at least three (3) days in advance of said dance. (Ord. 71-162)
§ 63121.6 Same – Youth Dance Permits.
Three (3) types of youth dance permits are hereby established:
(a) Type A Youth Dance Permit may be issued to any establishment serving alcoholic beverages and qualifying as a bona fide public eating place within the definition of Section 23038 of the Business and Professions Code. A person under seventeen (17) years of age shall not enter, be, or remain on or in any premises for which a Type A Youth Dance Permit is required or has been issued pursuant to this Chapter, except when such person is accompanied by his parent, guardian or spouse over twenty-one (21) years of age. No person or persons required to have a dance permit under this Chapter shall allow any person under seventeen (17) years of age to enter, be, or remain on or in such premises unless such person is accompanied by his parent, guardian or spouse over twenty-one (21) years of age.
(b) Type B Youth Dance Permit may be issued to any establishment not serving alcoholic beverages. A person under fifteen (15) years of age shall not enter, be, or remain on or in any premises for which a Type B Youth Dance Permit is required or has been issued pursuant to this Chapter unless such person is accompanied by his parent, guardian or spouse over twenty-one (21) years of age.
(c) Type C Youth Dance Permit shall be issued for special youth dances not otherwise covered. The City Council shall determine and designate the appropriate age limitations to be imposed for each individual Type C Youth Dance and shall so designate in the permit issued therefor. The Council, in addition, may impose such additional terms and conditions as the Council, in its discretion, deems advisable. No Type C Youth Dance Permit shall be issued authorizing participation by any person under fifteen (15) years of age unless issued to an adult sponsoring group of not less than five (5) persons, each of whom have been approved by the Council, unless the Council has determined by reason of unusual circumstances and the imposition of other conditions that the public interest, safety and welfare do not require all or any of such adult sponsors. When required, adult sponsors shall be present during the conducting of all such dances. No person under the age limit specified in a Type C Youth Dance Permit shall enter, be, or remain on or in any premises for which the permit is required or has been issued except where accompanied by his parent, guardian or spouse over twenty-one (21) years of age. No person or persons required to have such a permit under this Chapter shall permit any person under the minimum age specified in said permit to enter, be, or remain on or in said premises for which such permit is required or has been issued pursuant to this Chapter except when such person is accompanied by his parent, guardian, or spouse over twenty-one (21) years of age. (Ord. 71-162)
§ 63121.7 Same – Intoxicated Persons.
A person who conducts or assists in conducting or manages or sponsors any such dance or to whom a dance permit has been issued by this Chapter shall not permit any intoxicated person, or person in an intoxicated condition, to appear, be or remain at any such place while any such dance is in progress. (Ord. 71-162)
§ 63121.8 Same – Refusal to Leave.
Any person remaining on the premises of any dance hall or public dance after being asked by the permittee, proprietor, manager or employee thereof to leave and refusing to do so is guilty of a misdemeanor. (Ord. 71-162)
§ 63125 Entertainment.
Entertainment Class I Permit fee
$175.00
With valid dance permit
$ 50.00
Entertainment Class II Permit fee
$2,500
(If permit is granted, no additional fee is payable for Class I or Class III permits for the same location and owner)
Entertainment Class III Permit fee
$ 50.00
With valid dance permit
$ 25.00
No proprietor of a restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer hall, beer garden, or public dance hall, or an employee thereof, or anyone, shall conduct, permit, or assist in the conducting or permitting of any entertainment to be shown, staged, performed, exhibited or produced in any restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer hall, beer garden, or public dance hall unless a permit for Class I, Class II or Class III entertainment has been issued therefor in accordance with the terms and provisions of Parts 4 and 5 of this Chapter. (Ord. 71-162)
§ 63125.1 Same – Hours.
No entertainment, as defined in this Chapter shall be conducted between the hours of 2:00 a.m. and 6:00 a.m. unless authorized by the permit to do so. (Ord. 71-162)
§ 63125.2 Same – Minors.
A person under the age of eighteen (18) shall not enter, be, or remain on or in any premises where entertainment is being conducted as herein provided except when such person is accompanied by a spouse of legal age, or his parent or guardian or except where authorized by the permit. A permittee shall not permit or allow any such person to enter or to be in or on any premises contrary to the provisions of this Section. (Ord. 71-162)
§ 63125.3 Same – Free Entrances.
No entertainment shall be permitted in any such establishment requiring a permit hereunder which does not provide unlocked doors for free and easy egress and ingress while patrons are in the establishment. (Ord. 71-162)
§ 63125.4 Same – Entertainment Class II.
No person, whether a proprietor, owner, receptionist, waitress, dancing girl, model, bar maid, employee, agent or independent contractor, shall perform or engage in the act of performing nude entertainment or semi-nude entertainment as defined in CMC 6303.37 unless said person, in addition to any other permit required by this Chapter, has a valid Entertainment Class II permit therefor issued by the Director of Finance in accordance with the terms and provisions of this Chapter. (Ord. 71-162)
§ 63125.5 Same – Entertainer Permit.
No person shall appear in the nude or semi-nude, as defined in CMC 6303.37, in display of any customer in any establishment for which a permit is required by Parts 4 and 5 of this Chapter, unless in possession of a valid Class II entertainer’s permit issued pursuant to the terms and provisions of Parts 4 and 5 of this Chapter.
No person shall procure, display or authorize, nor shall any female appear in the semi-nude, as defined in CMC 6303.37 in display of any person in or on any establishment for which a permit is required by Parts 4 and 5 of this Chapter, except pursuant to a permit specifically authorizing and denoting thereon the words “semi-nude entertainment authorized.”
No person shall procure, display or authorize, nor shall any female appear in the nude, as defined in CMC 6303.37, in display of any person in or on any establishment for which a permit is required by Parts 4 and 5 of this Chapter, except pursuant to a permit specifically authorizing and denoting thereon the words “nude entertainment authorized.”
The granting of a permit for semi-nude entertainment hereunder shall not be deemed to grant a permit for nude entertainment. Further, the granting of any permit under the provisions of this Chapter to anyone which does not denote thereon that semi-nude or nude entertainment is authorized shall not grant to the possessor of that permit any right or privilege to authorize, engage in, display, conduct or perform nude or semi-nude entertainment and the doing of such without a permit by anyone required to have a permit under this Chapter is hereby declared unlawful and prohibited. It is unlawful for any person within the City of Carson to engage in or provide or conduct nude or semi-nude entertainment as defined in CMC 6303.37 on any premises wherein an entertainer’s permit is required by this Chapter unless such person has on his person or posted upon the premises so licensed for such entertainment a valid permit approving nude or semi-nude entertainment. It is unlawful for any person to fail or refuse to show such permit as issued by the Director of Finance, upon demand for display of the same by any law enforcement officer or agent of the City of Carson. (Ord. 71-162)
§ 63125.6 Same – Fashion Shows.
No fashion show may be conducted at any location unless an entertainment permit for such location is in full force and effect. No person shall participate in a fashion show for which a permit is required by this Section wherein said person appears nude or semi-nude, as defined in CMC 6303.37, unless such person has a valid permit to perform as a nude or semi-nude entertainer issued pursuant to this Chapter and in full force and effect. (Ord. 71-162)
§ 63125.7 Same – Standards.
The City Council, in granting or denying a permit for entertainment, in addition to the standards specified in CMC 6376, shall take into consideration the following factors in determining any conditions to be imposed in respect to the granting of said permit or in determining that said permit should be denied, in the protection of the public peace, health, safety, morals, or welfare:
(a) Proximity to surrounding residential area, schools, churches, parks and public buildings;
(b) Building standards for public assemblage;
(c) Moral character of proprietor and entertainer and employee participating in entertainment;
(d) Noise, traffic, and other factors relevant to the quiet and peaceful enjoyment of the neighborhood;
(e) Increased policing, if any, necessitated by the activity for which the permit is requested;
(f) Any other factors created by the type of entertainment proposed to be supplied under said permit which may interfere with or endanger the public health, safety, morals or welfare. (Ord. 71-162)
§ 63125.8 Same – Special Conditions or Requirements.
In granting any entertainment permit, the City Council may, in the application of the aforementioned standards and in order to protect the public peace, health, safety, morals and welfare, impose any reasonable conditions or regulations pertaining to the conduct of such entertainment and in addition may impose other limitations over and above those mentioned in this Chapter in order to protect the public health, safety, morals and welfare, including without limitation, further limits on the hours of operation and the age of persons who may attend such places of entertainment and may require all necessary adult or police supervision, including the presence of a uniformed officer. (Ord. 71-162)
§ 63125.9 Same – Regulations for Nude or Semi-Nude (Class II) Entertainment.
In addition to any other regulation or provision of this Chapter, the following shall apply and shall control whether or not inconsistent with any provision of this Chapter, to any premises upon which Class II entertainment, as defined in CMC 6303.37 is being conducted:
(a) Minors. No person under twenty-one (21) years of age shall enter, be, or remain in or on any such premises while nude or semi-nude entertainment is presented and no owner, manager, proprietor, licensee or permittee, or the employee or agent thereof shall permit any such person to enter, be, or remain in or on any such premises while nude or semi-nude entertainment is presented.
(b) Building Facilities. All such entertainment shall be presented within a building and no such entertainment shall be visible at any time from any ground, parking lot, sidewalk, street, highway, alley, or from any point outside of an exterior of such a building. The building within which said entertainment is provided shall be of adequate size, design and construction to safely house the patrons and guests likely to be attracted to said premises by reason of said entertainment.
(c) Compliance with Applicable Laws. No permit shall be granted until the applicant has complied fully with all applicable laws, including but not limited to the City’s Zoning, Building, Health and Fire Codes and Regulations.
(d) Customer Participation. No guest or customer on the premises for which an entertainment permit is required shall appear in the nude or semi-nude as defined in CMC 6303.37 without a permit to do so as a nude or semi-nude entertainer.
(e) Male Manager. All premises upon which a Class II entertainment permit is required by this Chapter shall have a male manager on the premises at all times during nude or semi-nude entertainment. Such male manager, if not the permittee, shall first procure a permit and shall be registered with and approved by the City Council in accordance with the terms and provisions of this Chapter applicable to an owner, proprietor, permittee or licensee. If approved, such person shall be issued a Manager’s Permit.
(f) Interior Lighting. Every premises for which a Class II entertainment permit is required shall be lighted throughout to an intensity of not less than twenty (20) foot-candles during any time while nude or semi-nude entertainment is in progress except where nude or semi-nude entertainment is being conducted on a stage. No owner, proprietor, licensee, permittee or the manager, agent or employee thereof shall conduct or operate or authorize any nude or semi-nude entertainment while said premises are not so lighted in accordance with the said minimum standards.
(g) Exterior Lighting. No such person, in addition, shall conduct, operate or authorize any nude or semi-nude entertainment in any such premises for which nude or semi-nude entertainment permits have been issued, at any time between sunset to one-half hour after the closing hour of said premises, unless the parking lot thereof and all adjacent ground of said premises are uniformly lighted with an intensity of not less than one (1) foot-candle.
(h) Solicitation of Trade. No Class II entertainment may be conducted on any premises for which a permit is required by this Chapter where solicitation of trade is made at or near the entrance thereof, either by person solicitation or otherwise, or by means of any device whereby the voice of the person soliciting can be heard at or near such entrance.
(i) Signs. No sign or signs which in whole or in part advertise any nude or semi-nude entertainment for which a Class II permit is required by this Chapter, whether utilizing the words nude or semi-nude or topless shall exceed in area two (2) square feet for every front foot of property. No sign or signs which in whole or in part depict the human form or any portion thereof, whether clothed or unclothed, shall be maintained, erected, used or placed upon or adjacent to the outside of any building or in connection with any premises wherein a Class II entertainment permit is required by this Chapter. No sign or signs which in whole or in part advertise any topless, nude or semi-nude entertainment, using the word “girls,” “topless,” “nude,” “semi-nude” or words of like or similar import, except the sign required by the next sentence, shall be maintained, erected, used or placed upon or adjacent to the outside of any building or in connection with any premises operating under an Entertainment Class II permit issued pursuant to this Chapter.
Every establishment operating under an entertainment Class II permit shall place at or near the entrance to the establishment described in the permit a sign of not more than two hundred twenty-five (225) square inches upon which is written: “Warning. This establishment offers topless or nude entertainment. If you would be offended, do not enter.” Such sign shall be illuminated to an intensity of not less than ten (10) foot-candles, and shall be clearly visible to any person entering the licensed establishment before such person enters the area where entertainment is conducted.
(j) Public Dance. No nude or semi-nude entertainment shall be presented on any premises for which a permit is required by this Chapter at any time while a public dance or dance is in progress.
(k) Customer Contact. No nude or semi-nude entertainer shall dance with any customer on such premises or unnecessarily converse with or associate with any customer while presenting nude or semi-nude entertainment as herein defined. No nude or semi-nude entertainers shall serve in the function of waitresses or barmaid without a special permit from the City Council. No nude or semi-nude entertainer, while performing or otherwise, shall touch any customer. No nude or semi-nude entertainer, whether or not fully or partly clothed, shall mingle with or converse with any customer on said premises within one (1) hour after appearing in the nude or semi-nude in any form of entertainment.
(l) Off Street Parking. Adequate and convenient off-street parking shall be provided for patrons and customers. Said parking shall be such that all patrons and customers may park safely and without affecting the peace and quiet and normal enjoyment of the surrounding neighborhood.
The City Council finds that Class II entertainment and attendant congestion was not contemplated when the zoning requirement for off-street parking for commercial uses was adopted. Therefore, each place of business conducting Class II entertainment, its size, general location, available off-street parking and the effect on adjoining properties, must be separately considered by the City Council as to each place conducting Class II entertainment, notwithstanding any other provisions of this Code to the contrary.
(m) Attire. No person shall enter, be, or remain in any establishment operating under a Class II entertainment permit or required to have such a permit pursuant to this Chapter, except when attired in such a manner that such person’s pubic area, private parts and the crease of the buttocks are completely covered and are not visible to the human eye, except only entertainers having the required permits, while in the course of the entertainment.
(n) Solicitation of Drinks. No entertainment may be conducted in establishments where a Class II entertainment permit is required where employees solicit or accept drinks of alcoholic beverages from customers.
(o) Gambling. No entertainment may be conducted in any establishment where a Class II entertainment permit is required in which gambling in any form is permitted or tolerated, or in which there is kept any machine or machines or other devices designed or commonly used for the purpose of gambling in any form.
(p) Platform. All entertainment for which a Class II entertainment permit is required by this Chapter shall be conducted upon a stage or platform raised at least eighteen (18) inches above the floor.
(q) Inspections. The Chief of Police and his deputies, in addition to their other duties, shall inspect any and all establishments operating pursuant to a Class II entertainment permit issued under this Chapter. The Chief of Police and/or his deputies shall be permitted by every permittee to enter free of charge any establishment operating under such a permit for the purpose of inspection.
(r) Number of Employees. At every establishment operating under an Entertainment Class II permit having a capacity of not less than two hundred (200) persons, not less than one (1) employee for the first two hundred (200) persons and one (1) additional employee for each additional one hundred (100) persons who could be accommodated, whether actually present or not, shall be constantly in attendance during the entire time that any entertainment is in progress, and shall devote his or their entire time and attention to the keeping of order, the checking of the admission of minors, and seeing to it that all provisions of this Chapter are complied with. The City Council may require additional employees or guards on an individual basis as the Council deems in the public interest.
At any establishment having a capacity of not less than three hundred (300) persons, not less than one (1) of the employees referred to in this paragraph (r) shall be a female. (Ord. 71-262)
§ 63125.10 Same – Permit Prohibited.
No Class II Entertainment permit shall be granted unless it is found by the City Council that:
(a) The applicant, and any other person who will be directly engaged in the management and the operation of the place of entertainment, other than one who participates in the entertainment, has not been convicted in a court of competent jurisdiction by final judgment of an offense involving the presentation, exhibition or performance of an obscene production, motion picture, play or act, or an offense involving the use of force and violence upon the person of another, or an offense involving misconduct with children.
(b) The applicant and any other person who will directly engage in the management and operation of the place of entertainment has not knowingly made any false, misleading or fraudulent statement of facts in the permit application or any document filed with the City in the preceding five (5) years in connection with any license or permit application or during any hearing on any permit application.
(c) It is not reasonably likely that the operation of an Entertainment Class II business at the location specified in the application would aggravate materially or make more frequent the commission of felonies, drunkenness, driving under the influence of intoxicating liquors and/or drugs, disturbing the peace, malicious mischief, assault and battery, sexual misconduct, and resisting arrest, at such location and in the immediate neighborhood thereof.
(d) The applicant has not allowed or permitted acts of sexual misconduct to be committed within prior business operations.
(e) The applicant has not had a similar type of permit previously revoked for good cause within a one (1) year period, or has shown a material change of circumstances since such revocation. (Ord. 71-162)
§ 63125.11 Same – Permit Required for Nude or Semi-Nude Entertainer.
No person shall appear in the nude or semi-nude in the display of any customer or person in any establishment for which a permit is required by this Chapter unless in possession of a valid, unexpired nude or semi-nude entertainers permit.
Any person desiring a permit under this Section shall specify in an application:
(a) Name and residence address;
(b) Social Security number and Driver’s License number, if any;
(c) Whether such person has ever been convicted within the last five (5) years of any crime except misdemeanor traffic violations, and if so convicted, the name of the person so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction.
No permit shall be granted to an applicant who has been convicted in a court of competent jurisdiction by a final judgment of an offense involving the presentation, exhibition or performance of an obscene production, motion picture, play or act or an offense involving lewd conduct, prostitution, or misconduct with children. (Ord. 71-162)
§ 63125.12 Same – Regulations – Penalties.
The City Council intends by CMC 63125 to 63125.11, inclusive, to provide regulations pertaining to the place of and the personnel involved in providing entertainment in certain public places such as restaurants, hotels, cafes, coffee houses, cabarets, clubs, barrooms, beer halls, beer gardens, and public dance halls, and it is not the intention of the City Council by said sections to prohibit any such entertainment where, under reasonable conditions, the public peace, health, safety and welfare will be protected. The City Council hereby finds that nudity and semi-nudity conducted in such places is a form of entertainment and, as such, is subject to regulation to protect the public peace, health, safety and welfare. The City Council does not intend by this Part to define as criminal any degree of nudity or semi-nudity but has by this Part attempted to regulate the place, time and manner of the presentation of such nudity or semi-nudity and to supervise the display thereof. The doing of entertainment business, as defined in this Chapter, without an entertainment business permit, or the doing of any entertainment business in violation of the terms and provisions of such permit, or the performing or engaging in the act of entertaining as defined in this Chapter without a permit therefor or in violation of any provisions and terms of such a permit, or the doing of any of the foregoing after suspension of revocation of permit, are hereby prohibited and any and each such violation is punishable by imprisonment or by fine or penalty as provided in this Code. The City Council hereby declares that the conducting of an entertainment business, as defined in this Chapter, or the engaging in or performing of entertainment, as defined in this Chapter, without a permit therefor, or in violation of terms and provisions of any permit, is a public nuisance and in addition to the enforcement provisions of this Code, shall be abated as a public nuisance as provided by law. (Ord. 71-162)
§ 63126 Exhibitions – Shows.
Permit Fee $100.00. In addition to the grounds for denial of a permit set forth in CMC 6376, an exhibition permit shall not be granted if the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager:
(a) Has been convicted within the last five (5) years preceding the date of application in any court of competent jurisdiction of:
(i) Any crime requiring registration under Section 290 of the Penal Code, or
(ii) Any violation of Chapter 7.6 or Chapter 8 (Section 311 to 318.6 inclusive) of Title 9, Part 1 of the Penal Code, or
(iii) Any violation of Paragraphs (a), (b) or (d) of Section 647 of the Penal Code, or
(iv) Any offense involving the use of force and violence upon the person of another,
(v) Any offense involving the maintenance of a nuisance in connection with the same or similar business operation.
(b) Has committed within said last five (5) years any offense described in subsection (a)(i), (a)(ii), or (a)(iii) of this Section.
(c) Has allowed or permitted acts of sexual misconduct to be committed within prior business operations of the applicant, or with which applicant was connected.
(d) The applicant has had a similar type of permit previously revoked for good cause within one (1) year prior to the application, or if he has, has not shown material changes in circumstances since such revocation.
In addition to the grounds for suspension or revocation of a permit set forth in CMC 6384, the City Council may suspend or revoke an exhibition permit on any of the grounds or by reason of any matter or fact set forth in paragraphs (a), (b) or (c) of this Section 63126. (Ord. 71-162)
§ 63127 Explosives.
Permit fee $150.00. No permit shall be issued to any person until such person shall have complied with all ordinances of the City of Carson in force at the time of application for such permit, regulating the manufacture, storage and/or distribution of explosives, as the case may be. (Ord. 71-162)
§ 63128 Fireworks – Retail.
See applicable regulations set forth in CMC 3101.1 to 3101.6, inclusive. (Ord. 71-162)
§ 63129 Fireworks – Wholesale – Storage.
See applicable regulations set forth in CMC 3101.7 and 3101.8. (Ord. 71-162)
§ 63129.2 Fortune-Telling and Similar Practices.
Permit fee $200.00. Every person who, for any form of compensation, desires to engage in, conduct or practice fortune-telling, as defined in CMC 6303.44-1/4, within the City shall first obtain an annual permit to do so.
(a) Application. The application for the permit required by this Section shall be filed with the Director of Finance, shall be signed and verified by the applicant, and shall set forth the following:
(1) Name, residence address and telephone number of the applicant.
(2) Address and telephone number of the proposed location for the conduct of fortune-telling.
(3) Record of conviction for violations of the law, excluding minor traffic violations.
(4) Two (2) copies of a photograph of the applicant, one (1) inch by one (1) inch in size, taken within six (6) months of the application.
(5) Fingerprints of the applicant on a form approved by the Chief of Police.
(6) Address, including city and state, and approximate dates when the applicant practiced a similar business, either alone or in conjunction with others.
(b) Investigation. The Director of Finance shall make, or cause to be made, an investigation in order to verify the facts contained in the application. After conducting said investigation, the Director of Finance shall approve the issuance of the permit if it is found that:
(1) All information contained in the application is true and correct; and
(2) The applicant has not, within the previous six (6) months, been convicted of any crime involving fraud or moral turpitude.
(c) Issuance. Upon approval of said application, the Director of Finance shall thereafter issue the permit when:
(1) The required permit fee and license has been paid; and
(2) A bond is filed with the Director of Finance in the principal sum of $10,000, executed by a corporate surety in good standing and authorized to do business in the State of California, which bond has been approved by the City Attorney. Such bond shall be a guarantee of indemnity for any loss suffered by any person which is proximately caused by any act of the licensee, or his or her agents or employees, that occurs in connection with any fortune-telling within the City if such act is in violation of any law or constitutes any act of fraud, deceit, misrepresentation or coercion. Any City permit issued under this Section 63129.2 shall be automatically revoked whenever any such bond ceases to be effective for any reason unless the licensee shall file a new bond in compliance herewith prior to the date such bond may cease to be effective.
(d) Denial. In the event the Director of Finance denies a permit to any applicant, the Director of Finance shall give the applicant written notice within fourteen (14) days after denial of the application, stating the reasons for such denial. The applicant may appeal such decision as provided in CMC 6347 and 6385 through 6385.6.
(e) Permit Fees and Renewal. All permit fees and renewal permit fees required under this Section shall be subject to the provisions of CMC 6394 and 6395. (Ord. 86-754, § 3; Ord. 90-911, § 1)
§ 63129.5 Gun Dealer.
Permit fee $150.00. If a permit is granted to a gun dealer under this Part, it shall be subject to the following conditions, breach of any of which the permit shall be subject to forfeiture:
(a) The business shall be carried on only in the building designated in the license.
(b) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen.
(c) No pistol or revolver shall be delivered:
(1) Within fifteen (15) days of the application for purchase, and when delivered shall be unloaded and securely wrapped; nor
(2) Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity.
(d) No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can be readily seen from the outside.
In addition to properly maintaining all records and documents required by State and Federal laws, a gun dealer upon purchasing, taking in trade, or accepting on consignment from the public, any firearm of any type, shall comply with Buy Form requirements enumerated in CMC 63141(a) through (g).
Upon the request of any peace officer, a gun dealer shall furnish all records pertaining to the gun dealer’s transactions, including, but not limited to, all records required to be maintained by law, and shall permit an inspection of the licensed premises. (Ord. 78-437, § 1)
§ 63130 House and Street Numbering.
No person shall paint, stencil or otherwise mark upon any curb, street, roadway, highway, or sidewalk any housing number or address without first obtaining an annual permit to do so. A separate permit is required of each person so engaged, except in the case of nonprofit organizations as hereinafter provided. No permit is transferable.
(a) Application. The application for any permit required by this Section shall be filed with the Director of Finance and referred to the Director of Public Works, shall be signed and verified by the applicant, and shall set forth the following:
(1) The full name and residence and business addresses of the applicant, and, in case of a nonprofit organization, the full name and residence address of each authorized person to engage in such activity;
(2) The name and address of the person, firm, company, corporation or association by whom employed, if any. If the applicant or employer be a partnership, corporation or association, the names and addresses of each of the partners or the principal officers of such corporation or associations;
(3) The streets and areas where such activity is to be conducted, and the period of time when such work is to be done in each area;
(4) A brief description of the nature and amount of equipment to be used in such business;
(5) The personal description of the applicant, if an individual;
(6) Such other data as may reasonably be required by the Finance Director.
The applicant or person applying on behalf of a nonprofit organization shall also furnish such evidence of identity as the Finance Director may require, and shall, on request, attach finger and thumb prints to such application or identity card.
(b) Permit Fees, Issuance and Revocation. A bona fide nonprofit organization, customarily holding regular meetings in the City, may, upon compliance with the terms of this Chapter, receive an organization permit permitting the activity regulated by this Part by any authorized bona-fide member of such organization wholly for the benefit of and under the control of such organization. The fee for such permit shall be $5.00 plus $0.50 for each member authorized to engage in such activity. Duplicate permits, each bearing the name of the authorized member, shall be issued to such organization, and shall be carried by the member named thereon and exhibited as required of individual permittees. Any other person filing an application for a permit pursuant to this Part shall pay the permit fee of $25.00. All fees are payable upon the filing of the application and are nonrefundable.
(c) Consent of Owner or Occupant. No person shall paint, stencil or otherwise mark a street or house number on a curb or any portion of the street without first obtaining the written consent of the person owning or occupying the premises adjacent thereto. This provision shall not apply to street or house numbering performed by the City or any of its departments.
(d) Other Requirements. Any numerals painted on curbs shall be black on a white and beaded background and shall be eight (8) inches in height and one (1) inch in width.
(e) Identification. Every person so painting or placing numbers on curbs shall at all times while engaged in said activity, have in his possession and exhibit to each householder or business person before painting or placing numbers on the curb in front of the premises occupied thereby, the permit required by this Part.
(f) Quality and Standards of Work. In order to ensure the quality of work, the applicant shall submit for approval the brand name or type of paint products to be used. The Director of Public Works shall approve any paint product which will produce a durable number of good appearance. All work shall be subject to inspection by the Director of Public Works, or his authorized representatives. Any work determined to be poor of quality or appearance shall be redone at no further cost to the City or householder, and refusal of the permittee to do so, or repeated work of low quality, shall be sufficient grounds for immediate revocation of the permit by the Director of Finance.
(g) Rates. Every permittee engaging in painting, stenciling or otherwise marking curbs, shall, prior to commencing such activity in front of any premises, give to the person owning or occupying the premises a card or writing bearing the permit number and name of the permittee, and a statement of the charges to be made to such person for such service. If such writing is not furnished or fails to show such charge, it shall be conclusively presumed that no charge whatsoever is made, and any sum paid shall be a gratuity. (Ord. 71-162)
§ 63130.10 Hypnotism.
(a) The act or practice of hypnotism, except as performed by licensed psychologists, physicians, family, child and marriage counselors and qualified persons acting at the request of police agencies in the investigation of crimes, may be conducted and self-hypnosis may be taught to persons undergoing a course or program of avocational or vocational self-improvement, pursuant to and subject to the limitations and purposes of Section 2908 of the California Business and Professions Code, as amended, only upon fulfillment of the requirements of this Section and CMC 636540.40.
(b) In addition to the requirements of CMC 6374, the applicant for a hypnotism permit shall provide the following additional information in the application to be filed with the Finance Director:
(i) Record of convictions for violations of the law, except minor traffic violations, but not excluding driving under the influence of alcoholic beverages or drugs or reckless driving resulting in injury to others;
(ii) Name and address of persons for whom the applicant has worked for the last five (5) years;
(iii) Name and address of three (3) responsible persons who have known the applicant for more than three (3) years;
(iv) Fingerprints of the applicant;
(v) Proof of registration by a hypnotists’ organization approved by the Office of Private Post Secondary Education, of the California Department of Education, pursuant to Section 94311(d) of the California Education Code, and membership in at least one (1) statewide or nationwide organization of professional hypnotists;
(vi) Proof of a policy of public liability insurance in the amount of not less than $100,000; and
(vii) Such other information as the Finance Director may deem necessary.
(c) The Finance Director shall not issue a permit under the provisions of this Section until:
(i) The application has been reviewed and approved by the Sheriff’s Department. The Sheriff’s Department shall approve or disapprove the application within thirty (30) days of receipt from the Finance Director;
(ii) The Finance Director finds that the applicant meets the qualifications set forth in this Section; and
(iii) Issuance of the permit will not be detrimental to the public health, safety or general welfare. (Ord. 79-484, § 4)
§ 63131 Junk Collector – Junk Dealer.
Permit fee $100.00. Each junk collector and each junk dealer prior to the issuance of a permit shall provide the following information on his application:
(a) Name and address of applicant;
(b) Name and address of business;
(c) Name and purpose of business;
(d) Name and address of all persons conducting said business within the City;
(e) The place where business is to be conducted;
(f) Description of equipment to be used;
(g) Personal description of said applicant if an individual;
(h) Such other information or evidence as may be required by this Chapter or the Finance Director. (Ord. 71-162; Ord. 71-183, § 2)
§ 63132 Laundries and Dry Cleaners – Self Service.
No permit shall be issued to any self-service laundry, laundromat, or dry cleaners except with the provision that an attendant shall be in supervision of such self-service business at all times during which the business is open to the public; provided, however, such business may operate without an attendant upon compliance with the following conditions:
(a) That the self-service laundry, laundromat, or dry cleaner shall be on the ground floor of a building facing a public street or highway or public area with windows of clear glass extending the entire width of the building on the public street or public area side, except at the point of joist or doorway, and that the same shall be kept free and clear of all obstacles and equipment so as to provide a view into the room from the street or public area.
(b) That all vending machines not actually vending a product necessary for washing or dry cleaning clothes be prohibited when the room is unattended; vending machines allowed are those vending soap, detergents, bleaches, bluings, starches or other supplies used in the process of washing or drying clothes, and coin changer machines.
(c) That the room be adequately lighted by fluorescent or other types of lighting fixtures during the evening hours.
(d) That suitable metal containers be placed in the room for placing rubbish or trash by customers or the owner.
(e) That an appropriate ledge be placed around the washing machines so that in the event of leakage, water will not flow upon the floor.
(f) That adequate ventilation for the room be provided with a minimum of one (1) square inch of ventilation for each one thousand (1,000) British Thermal Units per hour.
(g) That all rooms or passages into the self-service laundry, laundromat or dry cleaner room, except the entrance thereto and toilets and washrooms, be kept locked at all times.
(h) That all equipment used in any self-service laundry, laundromat, or dry cleaner operating without an attendant be approved by the Underwriters Laboratories, Inc., or a laboratory of equal experience and standing.
(i) That all self-service laundries, laundromats, or dry cleaners operating without an attendant be closed and locked and not open to the public between the hours of 12:00 midnight and 6:00 a.m. of each day.
(j) That the owner of such self-service laundry, laundromat, or dry cleaner operating without an attendant shall obtain a public liability insurance policy with coverage of $100,000 for injuries to one (1) person and $300,000 for two (2) or more persons and $10,000 for property damage, insuring against all damages resulting from injuries to any person using or visiting such self-service laundry, laundromat, or dry cleaners or to property, caused by the negligent operation or maintenance of any equipment in such place of business, and against any and all damages caused by negligence of the owner of such place of business. Such policy shall be subject to approval by the City Attorney. Such policy shall contain a clause stating that the City shall be given at least thirty (30) days’ notice prior to cancellation or change in the policy, and a certificate evidencing such policy of insurance shall be approved by the City Attorney and filed with the City.
(k) That it shall be unlawful for any person to operate or maintain at any time, or for any length of time whatever, any self-service laundry, washing machine, drying machine, or dry cleaning machine for public use or open to the public unless there is present at all times a person as attendant having the ability and initiative to effectively operate and care for such business, or unless such self-service laundry, laundromat, or dry cleaners complies with the provisions of subsections (a) through (j) of this Section. Any person violating the provisions of this Section shall be guilty of a misdemeanor. (Ord. 71-162; Ord. 71-183, § 2; Ord. 75-331)
§ 63133 Locksmith.
Permit Fee $50.00. Each permit issued for a locksmith shall contain an identifying number to be assigned by the Chief of Police. Each locksmith shall stamp on every key made, repaired, sold or given away by him, except a key merely duplicated from another key, such identification number. Each locksmith shall keep a book which shall be open to inspection of the City Law Enforcement Agency at all times in which the following must be entered:
(a) Name and address of every person for whom a key is made, by code or number;
(b) Name and address of every person for whom a locked automobile, building, structure, house or store, whether vacant or occupied, is opened and a key provided therefor. (Ord. 71-162)
§ 63134 Massage Parlors.
Permit Fee $2,500. “Massage parlor” means a place where massages, fomentations, electric or magnetic treatment or alcohol rubs are administered or given. For purpose of this Part, “massage” means any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or any apparatus with or without such supplementary aids as: liniment; antiseptic; oil; powder; cream; lotion; ointment or other similar preparations. “Massage” shall include, but not be limited to, the following: muscle therapy; facial massage; shiatsu; Turkish baths; and related actions or services. Notwithstanding the preceding, “massage parlor” shall not include any health, medical or beauty-related establishment that offers massage services that are both (a) incidental to the primary business; and (b) administered solely by means of customer-operated equipment in a private cubicle, room or booth on the business premises. (Ord. 71-183, § 3; Ord. 98-1151U, § 2; Ord. 98-1151, § 2; Ord. 01-1222, § 2)
§ 63134.1 Same – Eligibility.
(a) Notwithstanding any other provision of this Chapter, no person who has engaged in disqualifying conduct shall be eligible for a permit to operate a massage parlor.
(b) For purposes of this Section and CMC 63135.2, “person who has engaged in disqualifying conduct” means a person who has done any of the following within five (5) years of the date of the permit application:
1. Has been convicted in a court of competent jurisdiction of, or pleaded nolo contendere to, any the following:
a. A misdemeanor or felony offense that relates directly to the operation of a massage parlor.
b. A felony whose commission occurred on the premises of a massage parlor.
c. A violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318, 647(a) or 647(b).
d. A felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058.
e. Conspiracy or attempt to commit any of the aforesaid offenses.
f. An offense in a jurisdiction outside the State of California that is substantially the equivalent of any of the aforesaid offenses.
2. Has been found guilty of, or has pleaded guilty or nolo contendere to, any lesser-included offense of any of the aforesaid offenses.
3. Has been required to register under the provisions of California Penal Code Section 290.
4. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California.
5. Has had denied, suspended or revoked any massage-related permit or license issued by any other public agency that regulates massage parlors or massage technicians. (Ord. 71-183, § 3; Ord. 98-1151U, § 3; Ord. 98-1151, § 3)
§ 63134.2 Same – Design Standards.
Massage parlors shall be designed in accordance with the following standards:
(a) A recognizable and readable sign identifying the nature of the establishment shall be posted at the main entrance. Such sign shall comply with all applicable requirements of this Code.
(b) The following items shall be posted in a conspicuous public location within the premises: (i) the permit issued for the business; and (ii) the permit issued for each massage technician working at the establishment. Photographs of the permittee, two (2) inches by two (2) inches or larger in size, shall be affixed to each respective permit that is on display.
(c) A schedule of services shall be posted in a conspicuous public location within the premises. Such schedule shall indicate each massage service offered, the price thereof, and the minimum length of time such massage service shall be performed. All text on such schedule shall be at least one (1) inch in height, and all letters shall be capitalized.
(d) Separate, closed cabinets shall be provided for the storage of clean and soiled linen. Such cabinets shall be plainly marked “clean linen” and “soiled linen.”
(e) Walls within any room where water or steam baths are given shall have a washable, mold-resistant surface.
(f) Wash basins shall be provided with hot and cold running water, soap, and single service towels in wall-mounted dispensers.
(g) Pads used on surfaces upon which patrons lie during the administration of massage services shall be covered with durable, washable plastic or other waterproof material acceptable to the Finance Director.
(h) At least one (1) artificial light, the equivalent of a sixty (60) watt bulb, shall be provided directly above any surface upon which patrons lie during the administration of massage services.
(i) Neither tinted nor “one way” glass shall be installed on any interior wall or doorway.
(j) Cubicles, rooms, booths or other areas within which massage services are administered shall not be equipped with any recording device. For purposes of this paragraph, the term “recording device” means any device that is used, or capable of being used, for recording, videotaping or monitoring the activities, conversation or sounds of patrons.
(k) Cubicles, rooms, booths or other areas within which massage services are administered shall not be fitted with a door capable of being locked.
(l) Exterior doors shall not be equipped with an electronic locking device.
(m) Exterior doors, and any doors separating the waiting or reception area from the remainder of the premises, shall remain unlocked during business hours. (Ord. 71-183, § 3; Ord. 98-1151U, § 4; Ord. 98-1151, § 4)
§ 63134.3 Same – Performance Standards.
Massage parlors shall be operated in compliance with the following standards:
(a) Every massage technician employed or utilized on the premises shall have a valid permit.
(b) Arrangements for massage services to be administered shall be made within the room containing the posted schedule of services.
(c) No services shall be performed other than the administration of massage services listed on the posted schedule of services.
(d) No sums shall be charged other than those listed on the posted schedule of services.
(e) Employees and massage technicians shall not advise, suggest, or otherwise indicate to a patron the availability of any service that is not listed on the posted schedule of services.
(f) Massage technicians shall not perform any service for a patron that such patron did not request within the room containing the posted schedule of services.
(g) A clean sheet or other effective sanitary covering shall be placed over any surface upon which a patron lies during the administration of massage services. Such sheet or covering shall be deposited in the “soiled linen” cabinet at the conclusion of any service.
(h) Clean and sanitary towels, sheets, and linens shall be provided in sufficient quantity. Towels, sheets, and linens shall not be used by more than one (1) person without having first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle.
(i) Walls, ceilings, floors, pools, showers, bathtubs, steam rooms, appliances, apparatuses, and other physical facilities shall be in good repair and shall be maintained in a clean and sanitary condition.
(j) Wet and dry heat rooms, steam and vapor rooms, steam and vapor cabinets, shower compartments, and bathrooms shall be thoroughly cleaned and disinfected each day the business is in operation.
(k) Bathtubs shall be thoroughly cleaned and disinfected after each use.
(l) Instruments used in administering massage services shall be disinfected and sterilized after each use.
(m) Employees and massage technicians shall be clean and dressed appropriately in clean, opaque uniforms that do not expose specified anatomical areas, undergarments or the bare midriff. For purposes of this Section, the term “specified anatomical areas” means the following human anatomical areas: genitals; pubic regions; buttocks; anuses; and female breasts below a point immediately above the top of the areolae. As used in this paragraph, “dressed appropriately” shall further mean the wearing of clothing that (at a minimum) complies with the following requirements:
1. All garments covering the upper torso (e.g., shirts and dresses) shall have both: (i) sleeves not less than two (2) inches in length, measuring from the top of the shoulder; and (ii) necklines no lower than two (2) inches below the clavicle; and
2. Hems of dresses, skirts, smocks, and other similar garments shall not be more than two (2) inches above the top of the knee; and
3. Cuffs and hems of shorts, culottes, pants and other similar garments shall not be more than six (6) inches above the top of the knee.
(n) Massage technicians and employees shall not expose specified anatomical areas, as defined in paragraph (m) above, to patrons.
(o) Patrons shall not be permitted to expose specified anatomical areas, as defined in paragraph (m) above, while receiving massage services.
(p) At least one (1) responsible person acting as manager shall be on the premises at all times the establishment is open for business. Such manager shall be familiar with the requirements of this Section and shall be capable of communicating the provisions of this Section to employees and patrons.
(q) Business shall not be conducted between the hours of 11:00 p.m. and 9:00 a.m.
(r) Alcoholic beverages shall not be sold, served, furnished, kept, or possessed on the premises.
(s) A legible record book containing the following information shall be maintained at the establishment: (i) the type, date and time of each massage service administered; (ii) the name and address of the patron receiving such massage service; and (iii) the name of the massage technician who administered such massage service. Such records shall be open for inspection by City officials and maintained for a minimum period of two (2) years.
(t) The establishment shall not be operated under any name other than the name listed on the permit application.
(u) Children under the age of eighteen (18) must be accompanied by an adult or provide written authorization by parent or legal guardian.
(v) A policy of insurance shall be maintained whereby the permittee is insured against liability for injury or death to any person as a result of massage services. The minimum liability limits shall not be less than $1,000,000 for each incident of injury or death to a person. Proof of such insurance policy shall be submitted in conjunction with the permit application.
(w) All massages shall be administered on-site and indoors; provided, however, that massages may be administered outdoors to the head, neck, back and arms of patrons sitting in chairs in public or semi-public places. (Ord. 71-183, § 3; Ord. 98-1151U, § 5; Ord. 98-1151, § 5)
§ 63134.4 Same – Exception.
CMC 63134 to 63134.3 do not apply to the following:
(a) Any treatment administered in good faith in the course of the practice of any healing art personally by any person licensed to practice any such art or profession under the provisions of the Business and Professions Code of the State of California or any other statute of this State.
(b) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practice within the scope of their licenses; provided, however, that this provision shall apply solely to the massaging of the neck, face and scalp and, in connection with manicures and pedicures, the hands and feet. (Ord. 71-183, § 3; Ord. 98-1151U, § 6; Ord. 98-1151, § 6)
§ 63134.5 Repealed.
Repealed by Ord. 98-1151.
§ 63134.6 Repealed.
Repealed by Ord. 98-1151.
§ 63134.7 Repealed.
Repealed by Ord. 98-1151.
§ 63134.8 Repealed.
Repealed by Ord. 98-1151.
§ 63134.9 Repealed.
Repealed by Ord. 98-1151.
§ 63135 Massage Technicians.
Permit Fee $250.00. As used in this Part “massage technician” means any person, male or female, who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body, or other similar procedure. (Ord. 71-183, § 3)
§ 63135.1 Same – Application.
In addition to the requirements of CMC 6374, an application for a permit for a massage technician also shall show:
(a) The two (2) previous addresses, if any, immediately prior to the present address of the applicant.
(b) Written statements of at least five (5) bona fide residents of the County of Los Angeles that the applicant is of good moral character.
(c) Written proof that the applicant is over the age of eighteen (18) years.
(d) Applicant’s height, weight, color of eyes and hair.
(e) Two (2) portrait photographs at least two (2) inches by two (2) inches.
(f) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application.
(g) The permit history of the applicant; whether the applicant has had a permit for any business or similar activity issued by this or any other county, by any city, or by the State revoked or suspended, the reason therefor, and the business activity or occupation of the applicant subsequent to such action of suspension or revocation.
(h) All convictions except for minor traffic violations, and the reasons therefor.
(i) A certificate from a medical doctor stating that the applicant has, within thirty (30) days immediately prior thereto, been examined and found to be free of any contagious or communicable disease.
(j) Such other identification and information necessary to discover the truth of the matters hereinabove specified as required to be set forth in the application.
(k) Fingerprints and thumbprints of the applicant, unless specifically waived by the Director of Finance. (Ord. 71-183, § 3)
§ 63135.2 Same – Qualifications.
(a) A diploma or certificate of graduation from a recognized school shall be submitted in conjunction with a permit application.
(b) The Chief of Police may take such action as appears necessary to verify that the applicant actually has satisfied the requirements of this Section.
(c) Notwithstanding any other provision of this Chapter, no person who has engaged in disqualifying conduct shall be eligible for a permit for a massage technician. For purpose of this paragraph, “person who has engaged in disqualifying conduct” shall have the meaning set forth in CMC 63134.1. (Ord. 71-183, § 3; Ord. 98-1151U, § 8; Ord. 98-1151, § 8)
§ 63135.3 Same – Definition.
As used in CMC 63135 to 63135.2, the term “recognized school” means any school or institution of learning that satisfies both of the following requirements:
(a) Provides a course of instruction in at least the following subjects: massage techniques; anatomy; physiology; hygiene; sanitation; and theory and ethics of massage practice; and
(b) Requires a residence course of study of not fewer than five hundred (500) hours and not fewer than three (3) months before the student may be furnished with a diploma or certificate of graduation.
Schools offering correspondence courses not requiring actual attendance at class shall not be deemed “recognized schools.” (Ord. 71-183, § 3; Ord. 98-1151U, § 9; Ord. 98-1151, § 9)
§ 63135.4 Same – Exception.
CMC 63135 to 63135.3 do not apply to the following:
(a) Any treatment administered in good faith in the course of the practice of any healing art personally by any person licensed to practice any such art or profession under the provisions of the Business and Professions Code of the State of California or any other statute of this State.
(b) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practice within the scope of their licenses; provided, however, that this provision shall apply solely to the massaging of the neck, face and scalp and, in connection with manicures and pedicures, the hands and feet. (Ord. 71-183, § 3; Ord. 98-1151U, § 10; Ord. 98-1151, § 10)
§ 63136 Mobile Home Parks.
Parks with not more than 35 spaces
Permit Fee $ 50.00
Parks with more than 35 but not more than 70 spaces
Permit Fee $100.00
Parks with more than 70 spaces
Permit Fee $125.00
(Ord. 71-162)
§ 63137 Motion Picture Theater.
Every person conducting, managing or carrying on a motion picture theater or other place where moving or motion pictures are exhibited for which a fee is charged, received or collected or as an incident to some other type of business, or activity, shall first procure a permit. A permit granted pursuant to this Section does not permit any entertainment of any kind except motion pictures and any music which may accompany the showing of such motion pictures. (Ord. 71-162)
§ 63138 Motor Vehicle Rental.
(a) Every person conducting the business of renting motor vehicles without providing drivers therefor shall keep a record of all rentals on a form to be prescribed by the Chief of Police.
(b) No person shall rent a motor vehicle without a driver unless the person who is to operate such vehicle first exhibits to the lessor a driver’s license duly issued to him by the State of California, or if such person is a nonresident of California, a driver’s license of the state of which he is a resident. All information required by the Chief of Police which appears upon such license shall be taken from such license.
(c) A permit issued pursuant to this Section does not permit the sale of such vehicles. (Ord. 71-162)
§ 63139 Patrol System.
Permit Fee $50.00. “Patrol System” means any private service, private system or person who for any consideration whatsoever agrees to furnish or furnishes watchmen, guards, either uniformed or otherwise, patrolmen or other persons, herein referred to as patrolmen to protect persons or property or to prevent theft, unlawful taking, loss, embezzlement, misappropriation or concealment of property of any kind or performs the service of watchman, guard, patrolman, or other person for any of such services.
“Patrol System” as regulated herein shall not include a person employed exclusively and regularly by one (1) employer in connection with the affairs of such employer only and where there exists an employer-employee relationship. (Ord. 71-162)
§ 63139.1 Same – Application.
In addition to those items otherwise required by this Chapter, said application for a patrol system permit shall contain the following:
(a) The name and address of the applicant;
(b) If the applicant is a partnership, the name and address of all partners;
(c) If the applicant is a corporation, the names and addresses of the corporate officers and manager, and a certified copy of the resolution authorizing such application;
(d) The district or territory proposed to be served by the patrol system;
(e) A description of the methods of operation;
(f) The names and addresses of all patrolmen who are or will be owners, officers, or employees of the applicant;
(g) A statement as to what offenses, if any, any person mentioned in subsections (a), (b), or (c) of this Section, has been convicted of, and the time, place and circumstances thereof;
(h) Such other information as either the Finance Director or the Chief of Police may require. (Ord. 71-162)
§ 63139.2 Same – Evidence to Be Submitted.
With every application for a permit to conduct a patrol system and with every application for a patrolman’s permit, the applicant shall produce evidence that:
(a) He is a duly registered voter in Los Angeles County, or has an honorable discharge from the armed forces, issued within one (1) year, last past, if an individual;
(b) If a partnership, every partner is a duly registered voter in Los Angeles County, or has an honorable discharge from the armed forces, issued within one (1) year last past;
(c) If a corporation, that it is authorized to do business in the State of California, and has appointed a local agent who is a registered voter of Los Angeles County upon whom process may be served;
(d) He has a license pursuant to Section 7520 of the Business and Professions Code. (Ord. 71-162)
§ 63139.3 Same – Investigation by Chief of Police.
Upon receipt of an application for a permit to conduct a patrol system, the Chief of Police shall investigate the character, fitness and qualifications of every person whose name appears on such application. He shall transmit such application to the Finance Director and recommend that he:
(a) Grant the permit as applied for;
(b) Grant the permit subject to certain conditions or for less territory than applied for, or both; or
(c) Deny the permit.
He shall also inform the Finance Director as to what persons in his opinion should be permitted to act as patrolmen. (Ord. 71-162)
§ 63139.4 Same – Terms of Permit.
Every permit to conduct a patrol system shall contain, among other things, an accurate description of the area in which operations are permitted and the names of all patrolmen permitted to such license. A permit to conduct a patrol system shall not authorize any person either as patrolman, agent or owner to patrol any territory outside of the area so specified in the permit. (Ord. 71-162)
§ 63139.5 Same – Application to Modify.
The holder of a permit to conduct a patrol system may file an application at any time with the Finance Director either to change or increase the territory of operation or to add patrolmen or both. If additional patrolmen are requested, such patrolmen shall file either applications for permits or applications to modify existing patrol systems permits in the same manner as in the case of the original application. (Ord. 71-162)
§ 63139.6 Same – Personnel.
The operator of a patrol system shall neither employ nor utilize the services in any way of a patrolman whose name is not on the permit of such operator, or who does not possess a valid, subsisting permit. The holder of a permit to conduct a patrol system shall inform the Finance Director within five (5) days after any patrolman no longer is an owner, member or employee of such permittee, and shall return the permit and badge of such patrolman to the Chief of Police. The Finance Director shall remove such patrolman’s name from the permit of such patrol system. (Ord. 71-162)
§ 63139.7 Same – Permit Not to Be Sold.
The holder of a patrol system permit shall not sell or offer to sell, transfer or relinquish the privilege to operate a patrol system in territory granted to him or for any consideration whatever agree to advocate, or not to oppose the granting of any other patrol system permit. (Ord. 71-162)
§ 63140 Patrolman.
Permit Fee $5.00. Patrolman does not include a person who guards property exclusively for one (1) employer, as set forth in CMC 63139, nor does patrolman pertain to patrolmen, guards, or employees of a private patrol system. Patrolman, as regulated in this Chapter and for which a permit is required by this Section, pertains to patrolmen, guards and employees of a patrol system or service as defined in CMC 63139. (Ord. 71-162)
§ 63140.1 Same – Application.
Any person desiring a permit to act as a patrolman shall file a certified application containing the following:
(a) The name and address of the applicant.
(b) A statement of all businesses and occupations engaged in for the last five (5) years, and the names and addresses of not less than three (3) persons able to verify the statement;
(c) A statement of what offenses, if any, the applicant has been convicted of, and the time, place and circumstances thereof;
(d) A complete set of fingerprints of the applicant taken by the Chief of Police;
(e) The name and permit number of the patrol system by whom he will be employed, or of which he is to be an owner or officer. If no such permit has been granted, the applicant shall state when an application for such permit was filed;
(f) Such other information as either the Chief of Police or City Council may require;
(g) With every application for a patrolman’s permit, the applicant shall also file a letter from a patrol system permittee, certifying that such permittee desires to employ such patrolman or that such patrolman is, or will be an owner or member of such patrol system.
Upon receipt of the application for a permit, the Finance Director shall refer said application to the Chief of Police, who shall investigate the character and qualifications of said person. He shall transmit said application to the Finance Director and recommend that he:
(i) Grant the permit applied for; or
(ii) Grant the permit subject to certain conditions, or for less territory than applied for, or both; or
(iii) Deny the permit. (Ord. 71-162)
§ 63140.2 Same – Badge – Change of Employer.
If an application for a patrolman’s permit other than for a renewal is granted, the Chief of Police shall issue to the applicant a permit and a patrolman’s badge. Upon written application by a patrolman holding a valid permit accompanied by the written application of the patrol system which proposes to employ such patrolman, and upon satisfying the City Council by competent evidence that such patrolman is, or will be no longer employed by the patrol system formerly employing such patrolman, the City Council may modify the permit of the patrol systems by removing such patrolman’s name from the one permit and adding it to the other permit. A patrolman shall turn in his badge and permit to his employer when his permit is revoked, or when he ceases to be employed as a patrolman. (Ord. 71-162)
§ 63140.3 Same – Illegal Activities.
A patrolman shall not, either by himself, or through the actions of another, harass, annoy, or commit a nuisance against or injure the property of or unnecessarily enter or otherwise trespass upon the property of any person whose property the patrol system of such patrolman is not employed to protect. (Ord. 71-162)
§ 63140.4 Same – Equipment and Uniform.
The Chief of Police shall specify the police equipment, including weapons which a permittee may wear while on duty. A permittee shall not wear any equipment or weapon or carry any weapon not so specified. A patrolman shall not wear any uniform which is in imitation of, or can be mistaken for, an official police uniform of the police force of any city within the County of Los Angeles, or an official uniform of a Los Angeles County Sheriff’s Deputy, or an official uniform of any state officer. (Ord. 71-162)
§ 63140.5 Same – Identification Regulations.
While engaged in his duties as such, a patrolman shall keep upon his person at all times, his permit and shall wear the badge issued hereunder, and shall wear no other badge of any kind, character or description, except a badge issued to him by lawful governmental authority. A patrolman shall not assume or use a rank or title the same as or similar to any rank or title used by the City law enforcement agency, or by a police department within the County of Los Angeles, or by the Sheriff of Los Angeles County. A person shall not give, deliver, or sell any patrolman’s badge or any badge of a design the same as, or so similar to the patrolman’s badge as to be mistaken therefor, to any private person. A person shall not purchase or receive as a gift, pawn or pledge any patrolman’s badge. (Ord. 71-162)
§ 63140.6 Same – Reports.
Permittees shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence within the permittee’s knowledge to the nearest Sheriff or police substation. A permittee shall make a full report of such violation or other occurrence without unnecessary delay to the Chief of Police or to such substation. (Ord. 71-162)
§ 63141 Pawnbroker, Junk Dealer, Salvage Dealer, Secondhand Dealer, Swap Meet Operator, and Certain Auctioneers – Regulations.
Permit Fee $150.00. In addition to other provisions of this Chapter, pawnbrokers, junk dealers, secondhand dealers, salvage dealers, auctioneers dealing in the purchase or consignment of personal property, and operators of swap meets shall be subject to the following provisions and none of the foregoing shall violate the same:
(a) Records. Each of the foregoing shall at the close of each day mail to the Law Enforcement Agency of the City the “Buy Form” or other form as required by said Law Enforcement Agency, for the purpose of recording and furnishing by said person to said Law Enforcement Agency required information relative to purchases, pledges or consignments. Such form shall contain a full, true and complete report of all goods, wares, merchandise, or other things received on deposit, pledges or consignments. Such form shall contain a full, true and complete report of all goods, wares, merchandise, or other things received on deposit, pledged or purchased, during that day, except household furniture, used tires and used batteries, where such excepted items were taken in part payment for new items, and except merchandise originally sold new by said person and subsequently taken as a trade-in on other merchandise sold by the same person, and shall also contain other information which the Law Enforcement Agency may reasonably require to assist said agency in the detection of stolen property.
(b) Every such person shall enter upon the “Buy Form” positive identification furnished by the seller, pledgemaker, or consignor, such as a driver’s license number, work badge number, auto or truck license number or junk collector’s business license number, in addition to the individual’s true name and address. In lieu of such positive identification, the permittee shall require the seller, pledgemaker, or consignor to furnish a plain impression print of his right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the “Buy Form.”
(c) Every person who sells, pledges or consigns any property to a secondhand dealer, auctioneer, junk dealer, pawnbroker or owner or operator of a swap meet in the course of said business, except household furniture, used tires, or used batteries taken in part payment for new tires or new batteries, and except merchandise originally sold new by the aforementioned business licensees or permittees and subsequently taken as a trade-in on other merchandise sold by the same business permittees, shall furnish true, positive identification to the business permittee by which such person can be located by the Law Enforcement Agency of the City.
(d) Every such business permittee shall preserve for a period of at least two (2) years a carbon copy of each original writing furnished to the Law Enforcement Agency.
(e) Secondhand dealers, auctioneers, junk dealers, pawnbrokers and owners and operators of swap meets shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing obtained or used in such business where a report of the acquisition of the same has been required until fourteen (14) days after making the report to the Law Enforcement Agency as hereinbefore required, and until said time has so elapsed said permittee shall not clean, alter, repair, paint or otherwise change the appearance of said articles.
(f) The Law Enforcement Agency may waive the holding period with respect to any property held during said period if satisfied that such property is in the lawful possession of said permittee. The Law Enforcement Agency may, during said period, place a “hold order” upon any such property so held by such permittee where the Law Enforcement Agency has reasonably determined that said property may be stolen, which said hold order shall not exceed a period of ninety (90) days, and upon release of such hold order the permittee shall keep a true record of such property and include therewith the true name and address of the person to whom such property was sold or any other method of disposition. No person shall sell, destroy or otherwise dispose of any property while subject to such hold order.
(g) Exemptions. The aforementioned provisions in respect to the destruction, sale or disposal of property shall not apply to the following:
(1) Property purchased from a permittee holding a similar City permit if in the sale of such property said permittee has complied with all of the provisions of this Chapter, except that purchases made by junk dealers from junk collectors are not so exempt.
(2) Property purchased on a bill of sale or invoice from a regularly established place of business which has been dealing in that type of article for not less than two (2) years.
(3) Purchases or sale by junk dealers or junk collectors of rags, bottles other than milk or cream bottles, secondhand sacks other than cement sacks, barrels, cans, shoes, lamps, stoves, or household furniture (with the exception of sewing machines and musical instruments) or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters. This exemption shall also exempt the exempt items or transactions from the provisions of subsection (d).
A pawnbroker, secondhand dealer, salvage dealer or salvage collector shall not, and an agent or employee of a pawnbroker, secondhand dealer, salvage dealer and salvage collector shall not, accept any pledge, or loan any money or personal property or purchase or receive any goods, wares or merchandise or any article or thing whatsoever, or in any manner whatsoever engage in or conduct business between 7:00 p.m. of any day and 7:00 a.m. of the following day. (Ord. 71-162)
§ 63143 Peddlers.
Every person engaged in the business of peddling, selling or delivering liquids or edibles for human consumption from packs, baskets, or motor vehicles, either retail or wholesale, except dairy products and except persons selling or delivering, or both, to retail or wholesale establishments for resale, agricultural products raised by them, shall first procure a permit therefor.
A person engaged in the business of peddling, selling or delivering liquids or edibles for human consumption from packs, baskets or vehicles, either retail or wholesale, shall not remain or permit his pack, basket or motor vehicle to remain in any one (1) location for the purpose of sale or display of liquids or edibles for more than a total of thirty (30) minutes during any twenty-four (24) hour period. (Ord. 71-162; Ord. 88-835, § 2)
§ 63143.1 Same – Exceptions.
CMC 63143 does not apply to:
(a) Merchants having a fixed place of business in the City of Carson;
(b) Employees of such merchants;
(c) Farmers selling farm products produced by them.
A “fixed place of business” as that term is used in this Section is any structure permanently affixed at a particular site in compliance with the provisions of the Building Code and of the Health Code of the City of Carson. (Ord. 71-162)
§ 63143.10 Pony Rides, Kiddie Rides.
An operator of a pony ride, kiddie ride, or other similar amusement business shall procure and at all times maintain in full force and effect a policy of general liability insurance with coverage of $100,000 for injuries to one (1) person and $300,000 for injuries to two (2) or more persons and $10,000 for property damage, insuring against all damages resulting from injuries to any person using or visiting such pony ride, kiddie ride, or other similar amusement business. Said insurance policy or policies shall be filed with the Finance Director. Such policy or policies shall be subject to the approval of the City Attorney, and shall contain a clause stating that the City be provided at least thirty (30) days’ notice prior to cancellation or change in the policy. (Ord. 77-410, § 1)
§ 63144 Photograph Solicitors.
Regulations same as for solicitors. (Ord. 71-162)
§ 63145 Rebound Tumbling Center – Operation Requirements.
An operator of a rebound tumbling center shall procure and at all times maintain in full force and effect a policy of liability insurance covering all rebound tumbling equipment operated or maintained in such business, insuring him against liability with limits of not less than:
(a) $25,000 for any one (1) person.
(b) $50,000 for any one (1) occurrence.
(c) $5,000 for property damage.
The operator shall file a true copy of his insurance policy or policies with the Finance Director. Such policy or policies shall be subject to the approval of the City Attorney.
Rebound tumbling equipment shall be maintained in a good state of repair. Rebound tumbling equipment which has broken springs or broken webbing shall not be used. The permittee shall take precautionary measures to prevent broken springs from disengaging from the assembly. (Ord. 71-162)
§ 63145.1 Same – Rules and Regulations.
The permittee shall enforce, and all customers using rebound tumbling equipment shall observe and obey, the following rules and regulations which shall be printed in clear, easily read letters not less than one (1) inch in size, and posted in one (1) or more conspicuous and well lighted locations within the tumbling equipment center:
(a) Not over one (1) person on one (1) apparatus at a time.
(b) No flips, twists, or similar difficult routines unless under the immediate supervision of a qualified instructor, or until qualified as demonstrated by an officially acceptable certificate or as determined by the operator. In case of dispute with a patron, the operator’s ruling shall be final.
(c) No use of equipment in shoes or in bare feet.
(d) All patrons shall strictly and promptly comply with requests or requirements of operator.
(e) No use while under the influence of any alcoholic beverage and when not in condition to safely use the equipment as determined by operator.
(f) No jumping from apparatus to apparatus or to any point outside the frame of the apparatus.
(g) No actions allowed which will or may seriously distract or interfere with a performer.
(h) No children under six (6) years of age shall be allowed to use the equipment unless accompanied by a responsible adult.
(i) No smoking, eating, or drinking while using the equipment. (Ord. 71-162)
§ 63145.2 Same – Supervision.
(a) A rebound tumbling center, whenever open for use, shall be under the direct supervision of as many supervisors as are necessary to obtain compliance with the posted rules.
(b) The supervisor shall observe all equipment units whenever they are in use.
(c) Each unit shall be numbered or otherwise clearly designated.
(d) A suitable loudspeaker system shall be maintained to enforce the rules except where there are less than eight (8) equipment units.
(e) There shall be at least one (1) supervisor on active supervising duty for each twelve (12) equipment units which are in use. (Ord. 71-162)
§ 63145.3 Same – Qualifications of Supervisors.
A rebound tumbling supervisor shall be:
(a) Eighteen (18) years of age or over.
(b) Of good moral character.
(c) Trained and experienced in the supervision and control of personnel, both skilled and unskilled, in the art of rebound tumbling.
(d) Physically and otherwise fully fit to manage the facility. (Ord. 71-162)
§ 63145.4 Same – Handling and Reporting Accidents.
The operator of a rebound tumbling center shall:
(a) Direct all accidents and injuries to competent care for handling and disposition.
(b) All accidents of a nature to cause unconsciousness, broken or sprained extremities or bones, removal, breaking or loosening of teeth, hemorrhaging or lacerations which may require suturing, and eye injuries shall be reported in writing to the City Health Officer unless such officer agrees to accept oral or telephone reports.
(c) Maintain on the premises records of all medical aid or care administered.
(d) Keep, in a place readily available at all times to the operator and his employees, the telephone number of available emergency service. (Ord. 71-162)
§ 63145.5 Same – Facilities and Equipment.
Each operator of a rebound tumbling center shall provide and maintain the following facilities and equipment:
(a) A telephone which shall be available for emergency use at all times while the rebound tumbling center is in operation.
(b) First Aid Equipment shall be maintained on the premises at all times and replenished as necessary. Such equipment shall be an adequate first aid kit of at least sixteen (16) units as recommended by the American Red Cross First Aid Manual.
(c) Litter, waste containers and appropriate signs shall be provided as needed and the premises and all facilities shall be kept in a clean condition.
(d) Drinking facilities shall be provided on the premises which shall consist of either a sanitary drinking fountain or bottled water and paper cups available in a suitable, sanitary dispenser.
(e) Toilet facilities shall be maintained on the premises at all times consisting of not less than one (1) water-flush type toilet for each sex, except that the operator may maintain one (1) or both of such toilets at another location not more than one hundred fifty (150) feet from the equipment units. If such toilets are located on property under different ownership or management, a written agreement between the operator and the owner or person in lawful possession of the premises on which such toilets are located that such toilets will be kept unlocked and available for the use of such patrons, shall be furnished to the Director of Finance. Such agreement shall be subject to the Health Officer’s approval. (Ord. 71-162)
§ 63145.6 Same – Restoration of Premises and Bond.
Within sixty (60) days of the abandonment, closing down or surrender of the premises of any tumbling rebound center, the operator thereof, or his successor, or the owner of the premises upon which the same is located, shall remove said rebound tumbling equipment and fill any cavities, holes, or sumps installed in the ground or on said premises for the purpose of housing said equipment and shall otherwise restore the site as nearly as practicable to its original condition. No permit shall be issued hereunder until said operator has filed with the Finance Director a faithful performance bond in an amount determined by the Public Works Director to be necessary for guaranteeing the faithful performance of the provisions of this Section. Such bond shall be subject to the approval of the City Attorney. (Ord. 71-162)
§ 63146 Salvage Dealer or Junk Dealer.
The provisions of CMC 63143 apply to salvage dealers and junk dealers. (Ord. 71-162)
§ 63147 Second Hand Dealers.
The provisions of CMC 63143 apply to second hand dealers. (Ord. 71-162)
§ 63147.5 Skateboard Center or Skating Rink.
Any person desiring to operate a skateboard center or skating rink in the City shall file with the Director an application for a permit. If such application is granted, a permit shall be issued on the following conditions:
(a) Insurance. The owner of such skateboard center or skating rink shall obtain a public liability insurance policy with coverage of $100,000 for injuries to one (1) person and $300,000 for two (2) or more persons and $10,000 for property damage, insuring against all damages resulting from injuries to any person using or visiting such skateboard center or skating rink or to property, caused by the negligent operation or maintenance of any equipment in such place of business, and against any and all damages caused by negligence of the owner of such place of business. Such policy shall contain a clause stating that the City shall be given at least thirty (30) days notice prior to cancellation or change in the policy, and a certificate evidencing such policy of insurance shall be approved by the City Attorney and filed with the City.
(b) Facilities. Skateboard and skating facilities shall be maintained in a good state of repair.
(c) Regulations. The permittee shall enforce, and all customers of the skateboard center or skating rink shall observe and obey the following rules and regulations which shall be printed in clear and easily read letters not less than one (1) inch in size and posted in one (1) or more conspicuous and well-lighted locations within the skateboard center or skating rink:
(1) No flips, twists, or similar difficult routines will be permitted except under the immediate supervision of a qualified instructor, or until competence to perform the routine has been demonstrated to the owner or the representative of the owner. In case of a dispute with a patron concerning competence, the ruling of the owner or the owner’s representative shall be final.
(2) Shoes must be worn at all times.
(3) All patrons shall strictly and promptly comply with all requests or requirements of the owner or the owner’s representative.
(4) The facilities may not be used by a person under the influence of any alcoholic beverage or when the owner or the owner’s representative determines the person is not able to safely use the facilities.
(5) No jumping from one structure to another structure or from a point inside to a point outside a structure will be permitted.
(6) No person under six (6) years of age shall be allowed to use the facilities unless accompanied by a parent or legal guardian.
(7) No person may smoke, eat, or drink while skating or skateboarding.
(d) Supervision. The owner shall comply with the following rules regarding supervision:
(1) The skateboard center or skating rink whenever open for use shall be under the direct supervision of as many persons as are necessary to obtain compliance with the posted rules.
(2) The supervisor shall observe all structures whenever they are in use.
(3) Each structure shall be numbered or otherwise clearly designated.
(4) A suitable loudspeaker system shall be maintained to enforce the rules except where there are less than eight (8) structures.
(5) There shall be at least one (1) supervisor on active duty for each twelve (12) structures which are in use.
(e) Qualifications of Supervisors. A skateboard and/or skating rink supervisor shall be:
(1) Eighteen (18) years of age or more.
(2) Of good moral character.
(3) Trained and experienced in the supervision and control of both skilled and unskilled persons while skateboarding or skating.
(4) Physically and otherwise able to undertake his duties.
(f) Handling and Reporting Accidents. The following procedures shall be adhered to with respect to accidents:
(1) Persons receiving injuries shall be notified where emergency care may be received.
(2) All accidents of a nature to cause unconsciousness, broken or sprained extremities or bones, breaking or loosening of teeth, hemorrhaging, lacerations which may require suturing, and eye injuries shall be reported in writing to the City Health Officer unless such officer agrees to accept oral or telephone reports.
(3) Records of all medical aid or care required shall be maintained on the premises.
(4) Telephone number(s) of available emergency medical service shall be kept in a place readily available at all times to the owner and the owner’s employees.
(g) Facilities and Equipment. The owner of the skateboard center or skating rink shall provide and maintain on the premises the following facilities and equipment:
(1) A telephone which shall be available for emergency use at all times the skateboard center and/or skating rink is in operation.
(2) First Aid Equipment of at least sixteen (16) units as recommended by the American Red Cross First Aid Manual.
(3) Litter and rubbish containers shall be provided as needed and the premises and all facilities shall be kept in a clean condition.
(4) Drinking water facilities shall be provided on the premises which shall consist of either a sanitary drinking fountain or bottled water and paper cups available in a suitable, sanitary dispenser.
(5) Toilet facilities consisting of not less than one (1) water-flush type toilet for each sex shall be maintained on the premises at all times, except that the owner may maintain one (1) or both of such toilets at another location not more than one hundred fifty (150) feet from the premises. If such toilets are located on property under different ownership or management than the skateboard center or skating rink, a written agreement between the operator and the owner or person in lawful possession of the premises on which such toilets are located providing that such toilets will be kept unlocked and available for the use of such patrons shall be furnished to the Director of Finance.
(h) Restoration of Premises and Bond. Within sixty (60) days of the abandonment, closing down or surrender of the premises of any outdoor skateboard center or skating rink, the owner shall remove said skateboard or skating structures and fill any cavities, holes, or sumps installed on said premises and shall otherwise restore the site as nearly as practicable to its original condition. No permit shall be issued hereunder until the owner has filed with the Director of Finance a faithful performance bond in an amount determined by the Public Works Director to be necessary for, guaranteeing the faithful performance of the provisions of this Section. Such bond shall be subject to the approval of the City Attorney. (Ord. 78-444, § 1)
§ 63148 Solicitor.
Each person desiring to act as a solicitor or canvasser as defined in CMC 6303.66 shall obtain a permit from the City Council before engaging in such activity.
An individual who does not solicit the retail sale of goods, wares, or merchandise for future delivery except as an incident to engaging in a business otherwise licensed or operating under a permit issued under this Chapter, for which he or his employer has a current, valid license and/or permit, shall not be deemed to be engaged in the business of solicitation. (Ord. 71-162)
§ 63148.1 Same – Application.
In addition to the requirements set forth in CMC 6374 the applicant shall set forth in an application to the Director of Finance, the following:
(a) Name and permanent home address of each solicitor.
(b) Length of time for which right to do business is desired.
(c) The name and address of the employer or the person, firm or corporation for whom said solicitor is performing or seeks to perform his services.
(d) The name and address of the person, firm or corporation where further development, consummation or completion of the services performed by said solicitor will be done, the proposed method of delivery to the purchaser or consumer, and the length of time within which delivery will be made.
(e) The nature of the soliciting to be performed. For example, whether said soliciting is for the sale of goods, and if so, the general description of the goods to be sold; or whether the soliciting is for the sale of services to be performed in the future and if so the type of service sought to be sold and the time and place for future performance.
(f) Two (2) photographs of the applicant taken within sixty (60) days immediately prior to the filing of the application, which pictures shall be two (2) inches by two (2) inches showing the head and shoulders in a clear and distinguishing manner. (Ord. 71-162)
§ 63148.2 Same – Investigation.
Upon receipt of an application for a solicitor’s permit the Director of Finance shall cause the necessary investigation and report concerning the applicant’s business and moral character for the protection of the public. If as a result of such investigation the applicant’s character or business responsibility is reported to be unsatisfactory and such is endorsed upon the application with the reason thereof being stated, the Finance Director shall notify the applicant that the application is rejected and that no permit will be issued.
If, on the other hand, as a result of such investigation the business responsibility and character are found to be satisfactory, such fact shall be endorsed upon the application and returned to the Finance Director who shall so report to the City Council. (Ord. 71-162)
§ 63148.3 Same – Permit.
Each permit shall show the name and address of each solicitor permittee and shall have attached thereto a picture of said permittee in addition to other matters which business permits are required to show pursuant to the provisions of this Code.
In connection with considering the application for such permit, the Director of Finance shall require reports from such other City Officials and agencies as necessary to determine the character, fitness and qualifications of the applicant as well as the effect on the public health, peace, welfare and safety of the granting of such permit. (Ord. 71-162)
§ 63148.4 Same – Principal Permit.
Every person either employing or contracting with one (1) or more individuals to have such individuals solicit the retail sale of goods, wares, merchandise, or services for future delivery, may obtain a Principal Solicitor Permit.
The Finance Director shall not issue such permit until the applicant files with the Finance Director a list of all solicitors employed by the applicant or with whom the applicant has contracted, and a signed agreement that the applicant will notify the Finance Director in writing of every change in personnel of those soliciting for him, within five (5) days after any such change occurs. (Ord. 71-162)
§ 63148.5 Same – Unlawful Activity.
It is unlawful for any person to engage in the activity of soliciting as defined in this Chapter, in the City of Carson unless such person has a valid permit to do so issued by the City Council in accordance with the terms and provisions of this Chapter, and unless such person has upon his person or with him an identification card showing the existence of such a valid permit. It is unlawful for any person engaged in the activity of solicitation within the City of Carson to fail or refuse to display or show said identification card upon demand for the display of the same by any Law Enforcement Agent of the City of Carson or by any person being solicited by said solicitor. (Ord. 71-162)
§ 63148.6 Same – Definitions.
(a) “Solicit” and “solicitation” means the request, directly or indirectly, of money, credit, property, financial assistance or other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable purpose as those purposes are defined in this Section, conducted door to door, in any place of public accommodation, in any place of business open to the public generally, on the City streets and sidewalks, in the public parks, on the public beaches or in any public places. These words also mean and include the following methods of securing such money, credit, property, financial assistance or other thing of value, when conducted in the following manner:
(1) Any oral or written request;
(2) The local distribution, circulation, posting or publishing of any handbill, written advertisement or other publication, unless such handbill or written advertisement has been placed within a business open to the public generally with the express permission of the owner or lessee of such business;
(3) The sale of or taking orders for any goods, services, merchandise, wares or other tangible items.
A solicitation, as defined in this subsection, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this subsection.
(b) “Charitable” means and includes the words patriotic, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal, either actual or purported.
(c) “Contributions” means and includes the words alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property.
(d) “Person” shall mean any individual, firm, copartnership, corporation, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, or other similar representative thereof.
(e) “Director of Finance” means that person whose duties and responsibilities are described in CMC 2722 and 2723 and any person designated in writing by the Director of Finance as the Director’s representative. (Ord. 71-162; Ord. 83-646, § 1)
§ 63148.7 Charitable Solicitations – Permit Required.
No person shall solicit contributions for any charitable purpose within the City without having obtained a permit from the Director of Finance authorizing such solicitation; provided, that when a permit has been issued to any person defined in CMC 63148.6, other than an individual, the individual agents and solicitors for such person shall not be required to obtain individual permits. (Ord. 71-162; Ord. 83-646, § 1)
§ 63148.8 Same – Exemptions.
The provisions of this Article shall not apply to solicitations made upon premises owned or occupied by the organization on whose behalf such solicitation is made; nor to solicitation for the relief of specific individuals specified by name at the time of the solicitation, where the solicitor represents in each case that the entire amount collected, without any deduction whatever, shall be turned over to the named beneficiary, nor shall it be applicable to any corporation or unincorporated association soliciting contributions solely from persons who are members thereof at the time of such solicitation. (Ord. 71-162; Ord. 83-646, § 1)
§ 63148.9 Same – Application for Permit.
(a) An application for a permit to solicit shall be made to the Director of Finance upon forms prescribed by the Director of Finance. The application shall be sworn to or affirmed and filed with the Director of Finance at least ten (10) days prior to the time at which the permit applied for shall become effective; provided, however, that the Director of Finance may for good cause shown allow the filing of an application less than ten (10) days prior to the effective date of the permit applied for. The Director of Finance shall either grant or deny the requested permit within ten (10) days of the date the application is made. In the event the Director of Finance fails to act within the time prescribed herein, the permit shall be deemed granted.
(b) The application herein required shall contain the following information:
(1) The name, address, home telephone number, business address, and business telephone number of the person applying for the permit;
(2) If the applicant is not an individual the applicant’s correct legal name, taxpayer identification number (if applicable), address of its principal office, and the names and addresses, social security numbers and telephone numbers of the applicant’s principal officers and executives;
(3) The purpose for which the solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom;
(4) The name, address, telephone number and social security number of the person or persons who will be in direct charge of conducting the solicitation, and the names of all fund raisers connected to or to be connected with the proposed solicitation;
(5) An outline of the method or methods to be used in conducting the solicitations;
(6) The time when such solicitation will be made, giving the preferred dates and hour of day for the commencement and termination of the solicitation;
(7) A full statement of the character and extent of the charitable or religious work being done by the applicant within the City;
(8) A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the City or by any department or officer thereof;
(9) A financial statement signed by a certified public accountant for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, giving the amount of money raised, the cost of raising it, and the financial distribution thereof;
(10) The amount of any wages, fees, commissions, expenses, or other compensation to be expended in connection with the proposed solicitation, and to whom paid; and
(11) If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the City Manager in writing thereof within twenty-four (24) hours after such change. (Ord. 71-162; Ord. 83-646, § 1)
§ 63148.10 Same – Investigation.
The Director of Finance shall examine all applications filed under CMC 63148.9. The applicant shall make available for inspection all of the applicant’s financial books, records, and papers at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired. The Director of Finance may inspect said financial books, records, and papers solely for determining the truth of the information contained in the application or the truth of any representation made by the permit holder with regard to any solicitation conducted under this Article. (Ord. 71-162; Ord. 83-646, § 1)
§ 63148.11 Same – Issuance of Permit.
The Director of Finance shall issue the permit unless any of the following have been demonstrated:
(a) That any statement made in the application is factually incorrect;
(b) That the solicitation is not made for the charitable purpose described in the application;
(c) That the applicant has not complied with the provisions of this Article. (Ord. 71-162; Ord. 83-646, § 1)
§ 63148.12 Same – Renewal of Permit by the Director of Finance.
Upon the expiration of any permit and if requested in writing so to do, the Director of Finance must renew the permit within ten (10) days of such request if the factual information upon which the original application was granted remains unchanged and that no violation of this Article has been committed. The Director of Finance may require a new application subject to the provisions of this Article. (Ord. 83-646, § 1)
§ 63148.13 Same – Form of Permit.
Permits issued under this Article shall bear the name and address of the person to whom the permit is issued, the number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute an endorsement by the City or by any of its departments, officers or employees of the purpose of or of the person conducting the solicitation and brief written statement describing by approximate percentage the disbursement of all funds solicited under the permit. All permits must be signed by the Director of Finance. (Ord. 83-646, § 1)
§ 63148.14 Same – Term of Permits.
All permits issued under this Article shall be valid for a period of thirty (30) days unless renewed, revoked or suspended pursuant to the provisions of this Article. Upon good cause shown, the Director of Finance may issue a permit which may be valid for more than thirty (30) days, but in no event shall a permit be valid for more than six (6) months. (Ord. 83-646, § 1)
§ 63148.15 Same – Permit Nontransferable.
Any permit issued under this Article shall not be transferable or assignable. (Ord. 83-646, § 1)
§ 63148.16 Same – Identification Card.
All persons to whom permits have been issued hereunder shall furnish an identification card to their agents and solicitors which card is required to be in the possession of the agents and solicitors and presented when soliciting. Identification cards shall include the permit number, the name and address of the permittee, a statement describing the permittee’s charitable purpose and activity, the signature of the permittee’s chief executive officer, the name and signature of the solicitor to whom the card is issued and the specific period of time during which the solicitation is authorized.
No person shall solicit any contributions unless he or she exhibits an identification card of a form approved by the Director of Finance and reads it to the person solicited or presents it to the person solicited for perusal, allowing sufficient time for perusal, before accepting any contribution. (Ord. 83-646, § 1)
§ 63148.17 Same – Denial of Permits.
In the event the Director of Finance denies a permit to any applicant, the Director of Finance, within two (2) business days thereof shall send by registered mail or give the applicant written notice in person of the denial, stating with specificity the reasons for such denial. (Ord. 83-646, § 1)
§ 63148.18 Same – Revocation of Permits.
Whenever it shall be shown that any person to whom a permit has been issued under this Article has violated any of the provisions thereof, or that any promoter, agent, or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Director of Finance shall immediately suspend the permit, and within two (2) business days thereof, shall either send by registered mail or give the permit holder written notice in person of the revocation or suspension, stating with specificity the reasons for the suspension or revocation. The Director of Finance shall report such suspension or revocation to the City Council at the next regular meeting of that body following his action. (Ord. 83-646, § 1)
§ 63148.19 Same – Appeals from Action of the Director of Finance.
If an applicant or permit holder is aggrieved by any action to deny, suspend or revoke a permit by the Director of Finance, such applicant or permit holder may appeal to the City Council by filing within fifteen (15) days of the Director’s decision with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action by the Director of Finance. The City Clerk shall set a time and place for hearing the appeal and notify the applicant or permit holder thereof. The City Council at a regular meeting, held not more than thirty (30) days from the date on which the appeal shall have been filed with the City Clerk, shall hear the applicant or permit holder, the Director of Finance, and all relevant evidence and shall determine the merits of the appeal and render a decision thereon.
Within two (2) business days of the hearing, written notice of the City Council’s decision shall be sent by registered mail to the applicant or permit holder, stating with specificity the reasons for its decision. The action of the City Council shall be final and appealable to the Superior Court of the State of California pursuant to Code of Civil Procedure Section 1094.5.
The right to appeal to the City Council from the denial, suspension or revocation of any permit granted under this Article shall terminate upon the expiration of fifteen (15) days following written notice of the action taken by the Director of Finance. (Ord. 83-646, § 1)
§ 63148.20 Same – Notice of Suspension or Revocation.
The Chief of Police shall be notified forthwith by the Director of Finance of the suspension or revocation of any permit issued under this Article. (Ord. 83-646, § 1)
§ 63148.21 Same – Books and Records.
No person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all donations to it and all disbursements are entered upon the official books or records of such person’s treasurer or other financial officer. (Ord. 83-646, § 1)
§ 63148.22 Same – Report Required for Permit Holder.
It shall be the duty of all persons issued permits under this Article to furnish to the Director of Finance within ninety (90) days after the expiration of the permit, a report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a report of the wages, fees, commissions, and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation. The permit holder may be required by the Director of Finance to make available for inspection all financial books, records and papers whereby the accuracy of the report may be verified. (Ord. 83-646, § 1)
§ 63148.23 Same – Manner of Solicitation.
(a) No person shall solicit without a permit;
(b) No person shall allow any person under sixteen (16) years of age to solicit;
(c) No person shall solicit at any dwelling, including but not limited to a house, apartment, or condominium where there is a sign indicating “No Solicitations,” “Do Not Disturb,” or any other indication that the occupants do not wish to be solicited or in any other way have their privacy disturbed;
(d) No person to whom a permit has been issued under this Article, nor any of the agents or solicitors of such person, shall touch, come into physical contact with, or affix any object to the person or any contributor, or member of the public, without first receiving express permission therefor from such contributor or member of the public;
(e) No person to whom a permit has been granted under this Article, nor any of the agents or solicitors of such person, shall persistently and importunately request any donation from any member of the public after such member of the public expresses his or her desire not to make a donation;
(f) No person to whom a permit has been granted under this Article, nor any of the agents or solicitors of such person, shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other public place or in any place open to the public generally;
(g) No person to whom a permit has been granted under this Article, nor any of the agents or solicitors of such person, shall solicit from a captive audience. “Captive audience” shall be defined as purposefully stationary persons, such as persons in lines or seated in public areas;
(h) No person shall threaten any injury or damage to any person who declines to be solicited;
(i) No person shall accept food stamps as a contribution; and
(j) No person shall misrepresent his or her physical or mental health while soliciting. (Ord. 83-646, § 1)
§ 63148.24 Same – Time of Solicitation.
It shall be unlawful for any person to go upon private residential premises after sunset or earlier than 8:00 a.m. for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of said premises. This Section shall not be interpreted to grant any person permission to enter upon private property. (Ord. 83-646, § 1)
§ 63148.25 Same – Written Receipts Required.
Any person receiving money or anything having a value of $5.00 or more from any contributor under a solicitation made pursuant to a permit granted under this Article shall give to the contributor a written receipt signed by the solicitor showing plainly the name and permit number of the person under whose permit the solicitation is conducted, the date, and the amount received; provided, however, that this Section shall not apply to any contributions collected by means of a closed box or receptacle used in solicitation with the written approval of the Director of Finance, where it is impractical to determine the amount of each contribution. (Ord. 83-646, § 1)
§ 63148.26 Same – Fraudulent Misrepresentation.
(a) No person shall directly or indirectly solicit contributions from any person by misrepresentation of his name, occupation, financial condition, social condition, residence or principal place of business, and no person shall make or cause to be made any misstatement of fact, deception, or fraudulent misrepresentation in connection with any solicitation of any contribution in the City, or in any application or report filed under this Article;
(b) No charitable organization or professional fund raiser soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public; and
(c) Nor shall a charitable organization or professional fund raiser solicit funds by the use of statements or material that would indicate that such funds were being raised for an organization or agency from which organization or agency explicit permission for the raising of such funds has not been received in accordance with other provisions of this Article. (Ord. 83-646, § 1)
§ 63148.27 Same – Authority of the Director of Finance.
Nothing in this Article shall be construed as granting to the Director of Finance, or to any other person, the authority to grant, deny, revoke, renew or suspend any permit by reason of disapproval of or agreement with the philosophy, opinion, or beliefs of the applicant, permit holder or the person such applicant or permit holder represents, or for any other reasons not specifically provided for in this Article. (Ord. 83-646, § 1)
§ 63148.28 Same – Penalties.
Any person, as hereinbefore defined or any agent, servant, employee, or officer thereof violating any of the provisions of this Article, or who aids or abets in the procuring of a violation of any provision, part or portion of this Article, or who files or causes to be filed an application for a permit containing fraudulent misrepresentations or false statements of fact, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 for each offense, or undergo imprisonment for not more than six (6) months, or both. Each violation shall be deemed a separate offense, and shall be punishable as such. (Ord. 83-646, § 1)
§ 63149 Sound Vehicles.
The words “Sound Amplifying Equipment” as used herein shall mean any machine or device for the amplification of the human voice, music, or any other sound. “Sound Amplifying Equipment” as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes. “Sound Truck” as used herein is a vehicle equipped with sound amplifying equipment. (Ord. 71-162)
§ 63149.1 Same – Permit.
No person shall use or cause to be used a sound truck with its sound amplifying equipment in operation in the City without filing a registration statement with the Director of Finance and obtaining a permit therefor. (Ord. 71-162)
§ 63149.2 Same – Registration Statement.
A registration statement shall be filed in duplicate and shall state the following:
1. Name and home address of the applicant.
2. Address of place of business of applicant.
3. License number and motor number of each sound truck to be used by applicant.
4. Name and address of person who owns each sound truck to be used by applicant.
5. Name and address of person having direct charge of each sound truck to be used by applicant.
6. Names and addresses of all persons who will use or operate any sound truck.
7. The purpose for which the sound truck or trucks will be used.
8. A statement as to the section or sections of the City in which each sound truck is proposed to be used.
9. The proposed hours of operation of each sound truck.
10. The number of days of proposed operation of each sound truck.
11. A general description of the sound amplifying equipment which is to be used.
12. The maximum sound producing power of the sound amplifying equipment which is to be used in or on each sound truck, in terms of:
(a) The wattage to be used.
(b) The approximate maximum distance for which sound will be thrown from each sound truck. (Ord. 71-162)
§ 63149.3 Same – Possession of Copy of Registration Statement.
Any person operating any sound truck shall have in his possession at all times while the sound truck’s sound amplifying equipment is in operation a copy of such registration statement duly certified by the Director of Finance, and said copy shall be displayed and shown to any policeman of the City upon request. (Ord. 71-162)
§ 63149.4 Same – Regulation of Use.
The use of sound trucks in the City with sound amplifying equipment in operation shall be subject to the following regulations:
(a) Sound amplifying equipment shall not be operated unless the sound truck upon which equipment is mounted is operated at a speed of at least ten (10) miles per hour except when said truck is stopped or impeded by traffic. Where stopped by traffic the said sound amplifying equipment shall not be operated for longer than one (1) minute at each such stop.
(b) Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches, courthouses, courtrooms, County buildings or the City Hall.
(c) The only sounds permitted are music or human speech.
(d) The sound truck shall be operated only on those streets or boulevards designated in the permit to operate the same and shall be operated for not more than four and one-half (4-1/2) hours each day between the hours of 11:00 a.m. and 1:30 p.m., and the hours of 4:30 p.m. and 6:30 p.m., except that on Sundays and legal holidays no operation shall be authorized. Notwithstanding the foregoing, the City Council may determine upon competent evidence that in individual cases different hours of operation would be justified, and in any such case the such different hours of operation.
(e) No permit for the operation of a sound truck shall exceed thirty (30) days, unless a longer time has been specified by the City Council upon receiving evidence justifying the same, or unless the thirty (30) day permit has been extended by the City Council upon hearing evidence justifying such extension. (Ord. 71-162)
§ 63150 Street Vendors.
See CMC 63143 regulating Peddlers. (Ord. 71-162)
§ 63151 Tow Truck.
(Ord. 71-162)
§ 63152 Trash, Solid Waste, Recyclable Materials – Collection.
No person shall operate a vehicle within the City of Carson for collecting, transporting, conveying, hauling and/or disposing of any rubbish, garbage, or other solid waste for a fee, service charge, or other consideration or a gratuity, from the property where such materials originate to any other location for transfer, salvage, disposal or recycling without a permit therefor from the City. Such permit shall state on its face: “Solid Waste Collector Permit, Subject to Article V, Chapter 2 of the Carson Municipal Code.”
(a) Permit Application. An application for a solid waste collector permit shall be made on a form provided by the City. The application shall include the following information:
(1) Name and address of applicant.
(2) Business address and addresses where all vehicles will be kept.
(3) Form of organization such as proprietorship, partnership, joint venture, or corporation; the names and home addresses of owners and officers; and their percentage of ownership, if greater than five (5) percent.
(4) A description of each vehicle and other equipment that the applicant owns or has under its control, including the age of the vehicle, and a statement as to whether said vehicle meets the requirements of Article V, Chapter 2 of this Code, and evidence that the applicant owns or has the right to the use of said vehicle.
(5) The type of property to be serviced by the applicant (whether residential, commercial or industrial) and the type of material to be collected by the applicant.
(6) Whether the applicant has a franchise granted by the City Council, and if not, whether the applicant is an excepted collector as defined in CMC 5270.
(7) Any other information requested by the City Administrator.
(b) Any permit issued to an excepted collector for collection of solid waste from commercial/industrial premises as defined in CMC 5201(f) shall terminate and become void on March 1, 1996, if not previously terminated.
(c) Permit Fee. Permit fee – $25.00 per year, plus $75.00 per year for each vehicle to be utilized in the City. (Ord. 71-162; Ord. 91-956, § 2; Ord. 91-959, § 3)
§ 63152.1 Same – Exclusions.
Householders hauling occasional loads of rubbish, waste, refuse, debris or manure not containing garbage from his own premises to a legal point of disposal shall be excepted from the provisions of CMC 63152. CMC 63152 does not apply to the hauling or disposal of grass cuttings, prunings, manure or other rubbish not containing garbage to or at a legal point of disposal as a part of a gardening or horticulture business or occupation. (Ord. 71-162)
§ 63153 Waste Disposal Sites – Permit Required.
Every person operating a site in the City for the disposal of trash, rubbish, debris, garbage or other waste, solid or liquid, whether exclusively for his own use or otherwise, shall first procure a permit and pay an annual permit fee of two (2) percent of the gross receipts arising from the operation of such waste disposal site, but in no case shall the annual permit fee be less than $250.00.
Such gross receipts fee shall be computed monthly for each calendar month and shall be payable on or before the last day of the succeeding calendar month. The licensee shall submit a monthly accounting of the gross receipts on which the license fee is based, and an annual reconciliation thereof. Such accounting shall be subject to annual audit by the City within sixty (60) days after the end of each calendar year.
Notwithstanding the provisions of this Section, the imposition and payment of the annual permit fee shall be suspended during any calendar year, or portion thereof, in which a person operating a waste disposal site, which includes a transfer station, is obligated under an agreement with the City to pay a fee that is based upon the tonnage of solid waste delivered to that waste disposal site. (Ord. 71-162; Ord. 03-1292, § 1)
§ 63153.1 Same – Requisites for Permit.
The Finance Director shall not issue a permit to operate a waste disposal site unless the applicant first has:
(a) Presented a written statement from the Director of Community Development to the effect that the applicant has procured the necessary zoning and/or Special Use Permit.
(b) Presented an industrial waste permit from the City Engineer.
(c) Filed a faithful performance bond in the required amount with the City Clerk or deposited with the Finance Director and assigned to the City savings and loan certificates, or shares, or other evidence of deposit as provided in this Code.
(d) Presented to the Finance Director a written statement from the City Engineer either that the Sanitary Sewer and Industrial Waste Ordinance adopted by CMC 8500 does not require a permit from the applicant or that the applicant has obtained such permit as is required. (Ord. 71-162)
§ 63153.2 Same – Bond.
The applicant shall file with the City Clerk a faithful performance bond, subject to the approval of the City Attorney, written in favor of the City, conditioned that:
(a) The applicant shall comply with all terms and conditions of any permit, special use permit, and industrial waste permit granted, and with all laws, statutes, ordinances and regulations relating to waste disposal sites.
(b) The applicant and surety agree that should the applicant and the surety fail as determined by the City Engineer to comply with any such terms, conditions, laws, statutes, ordinances and regulations or fail to correct such failure within ten (10) days after service of written notice thereof by first class mail on the applicant and the surety, the City officers or agents may enter onto the site and perform any corrective work necessitated by any failure of the operator of the site to comply with such terms, conditions, laws, statutes, ordinances or regulations.
(c) The principal and the surety agree to reimburse the City for all costs incurred by or on behalf of the City in the performance of such corrective work.
(d) The bond shall provide that the surety shall not be entitled to cancel the bond until thirty (30) days after written notice of intent to cancel, to the Director of Finance. Any such cancellation shall not impair any right of the City to reimbursement for correction of conditions resulting from any failure to comply with such terms, conditions, laws, statutes, ordinances, or regulations, which failure occurred before the effective date of cancellation of the bond, whether the work of correction is performed before or after such effective date. (Ord. 71-162)
§ 63153.3 Same – Amount of Bond.
If the area of the waste disposal site is five (5) acres or less, the bond shall be not less than $5,000. If the area of the waste disposal site is more than five (5) acres, the bond shall be for not less than $1,000 per acre. Subject to the foregoing provisions, the amount of such bond shall be fixed by the City Engineer, Planning Commission, or City Council. (Ord. 71-162)
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