Pocket Supp: ARTICLE VI TAXES AND LICENSES

§ 63141 Pawnbroker, Junk Dealer, Salvage Dealer, Secondhand Dealer, Swap Meet Operator, and Certain Auctioneers – Regulations. «Unamended section»

Part 1. General Provisions and Definitions

§ 6303 Definitions.

§ 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 object of gain, benefit or advantage, whether direct or indirect, to the taxpayer or to another or others whether or not a profit or livelihood is actually earned thereby. Business, professions and trades shall include, but shall not be limited to, 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 object of gain, benefit or advantage, whether direct or indirect to the taxpayer or to another or others, 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.

Additionally, in any dispute between a city, city and county or county and a taxpayer, the manner in which a taxpayer reports or reported income to the Franchise Tax Board or Internal Revenue Service shall create a presumption regarding whether the taxpayer performed services for an employer as an employee, or operated as a business entity.

The term “engaged in business” shall mean the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager or employee. A person shall be deemed engaged in business with the City if:

(1) Such person or his employee maintains a fixed place of business within the City for the benefit or partial benefit of such person; or

(2) Such person or his employee owns or leases real property within the City for business purposes; or

(3) Such person or his employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business; or

(4) Such person or his employee regularly conducts solicitation of business within the City; or

(5) Such person or his employee performs work or renders services on a regular and continuous basis involving not less than seven (7) working days per year for all such employees; or

(6) Such person or his employee utilizes the streets within the City in connection with the operation of motor vehicles for business purposes.

The foregoing specified activities shall not be a limitation on the meaning of “engaged in business.” (Ord. 06-1342, § 2)

§ 6303.55.5

The term “Person” shall mean any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock company, business trust, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise. (Ord. 06-1342, § 3)

Part 2. Licenses – Provisions Governing

§ 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. For the purposes of this Chapter, any person holding an employer identification number issued by the Internal Revenue Service is deemed to be representing itself to be a business. (Ord. 06-1342, § 4)

Part 4. Permit Procedure

§ 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 $50.00 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; Ord. 06-1342, § 5)

§ 6395 Delinquencies and Penalties – Permit Fees.

(a) Delinquency defined: Any permit fee required by this Chapter is delinquent if not paid by 6:00 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 Friday, 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 6:00 p.m. on the next business day.

(b) Any daily, weekly or monthly permit fee required by this Chapter that remains unpaid after 6:00 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 Friday, 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 6:00 p.m. on the next business day.

(c) Any annual permit fee required by this Chapter that is not paid by 6:00 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. 06-1342, § 6)

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 $50.00 per year unless otherwise specified in connection with the particular business, occupation, trade, or profession. (Ord. 06-1342, § 7)

§ 63101 Advertising – Search Lights.

§ 63102 Advertising – Sound Trucks.

§ 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 policies of insurance on such ambulances with minimum coverage of not less than the following sums:

(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.

§ 63104 Ambulance Attendant.

Permit Fee $10.00. 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; Ord. 06-1342, § 11).

§ 63105 Ambulance Driver.

Permit Fee $10.00. 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.

Ambulance transporting a sick or injured person, an American Red Cross First Aid Card. (Ord. 06-1342, § 12)

§ 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; Ord. 06-1342, § 13)

§ 63107 Amusement and Game Machines.

Permit Fee $50.00. 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; Ord. 06-1342, § 14)

§ 63108 Auctioneers – Applications.

Permit Fee $150.00. Application for a permit shall be made upon forms furnished by and shall be filed with the Finance Director. (Ord. 06-1342, § 15)

§ 63109 Auction House – Applications.

Permit Fee $250.00. 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. 06-1342, § 16)

§ 63112 Auto Body and Fender Shop.

Permit Fee $100.00. 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. 06-1342, § 17)

§ 63113 Auto Dismantling.

§ 63114 Auto Painting.

§ 63115 Auto Repair Shop.

Permit Fee $100.00. 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;

(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. 06-1342, § 20)

§ 63116 Bath Parlors.

Permit Fee $2,500. “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. 06-1342, § 21)

§ 63117 Billiard and Pool Halls.

Permit Fee $50.00. 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; Ord. 06-1342, § 22)

§ 63119 Carnival – Application.

Permit Fee $100.00. 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:

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; Ord. 06-1342, § 23)

§ 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. Liability insurance policies shall be filed with the City Clerk providing coverage of not less than $5,000,000 for general liability and $1,000,000 for automobile liability.

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 $100.00 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; Ord. 06-1342, § 24)

§ 63121 Dance – Application.

Permit Fee $50.00. 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.

(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 25141 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; Ord. 06-1342, § 25)

§ 63125 Entertainment.

«Unamended section»


Entertainment Class I Permit fee		$200.00
	With valid dance permit	$100.00

Entertainment Class II Permit fee		$2,500.00
	(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		$100.00
	With valid dance permit	$50.00

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. 06-1342, § 26)

§ 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) Manager. All premises upon which a Class II entertainment permit is required by this Chapter shall have a manager on the premises at all times during nude or semi-nude entertainment. Such manager, if not the permittee, shall first procure a permit, pay a permit fee of $50.00 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; Ord. 06-1342, § 27)

§ 63125.11 Same – Permit Required for Nude or Semi-Nude Entertainer.

Permit Fee $50.00. 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:

(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; Ord. 06-1342, § 28)

§ 63126 Exhibitions – Shows.

Permit Fee $200.00. 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:

(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 subsection (a), (b) or (c) of this Section. (Ord. 71-162; Ord. 06-1342, § 29)

§ 63127 Explosives.

Permit Fee $250.00. 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; Ord. 06-1342, § 30)

§ 63127.5 Filming.

The permit fee is $250.00 for “filming,” as defined in CMC 63127.6, and $100.00 for “still photographic production,” as defined in CMC 63127.6. However, charitable and student films, as defined in CMC 63127.6, are exempt from the fee. (Ord. 06-1354, § 1)

§ 63127.6 Filming – Definitions.

(a) “Charitable or student film” means any filming by (i) a nonprofit organization, which qualifies under Section 501(c)(3) and (4) of the Internal Revenue Code as a charitable organization; or (ii) is an accredited educational institution, and for which no person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.

(b) “Commercial film” means and includes all activities attendant to filming any entertainment or advertising programs for any media now known or hereafter created.

(d) “Filming” means all activities attendant to a staging or a shooting of commercial motion pictures, television shows or programs, commercial still photography, video tapes, computer-based programs or other visual reproduction technology now known or hereafter created and the filming of commercial radio station promotional events. The period of filming includes the set-up, strike and time of photography.

(e) “News media” means filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.

(f) “Private property” means any property not owned by the City on which filming would not interfere with public rights-of-way, access or safety.

(g) “Still photographic production” means all activity attendant to the staging or shooting of commercial still photographic production.

(h) “Strike day” means the work at a filming location that includes the removal of equipment at the end of film activities. These activities may include but are not limited to set removal, repainting, relandscaping, and unrigging from stunts/special effects. (Ord. 06-1354, § 2)

§ 63127.7 Filming – Permit Required.

(a) No person shall use any City street, alley, sidewalk, parkway or other public property owned or controlled by the City for the purpose of making commercial films and/or commercial still photographs without first applying for and receiving a permit from the Director; provided, that the provisions of CMC 63127.5, et seq., shall not apply to or be construed to affect (1) spontaneous, unplanned filming by the news media and (2) filming solely for private family use.

(b) No person shall use any private property for the purpose of making commercial films and/or commercial still photographs without first applying for and receiving a permit from the Director. Notwithstanding the foregoing, the provisions of CMC 63127.5, et seq., shall not apply to or be construed to affect (1) news media and (2) filming solely for private family use.

(c) Any permit issued by the City for filming shall only be valid for the approved duration of that shoot. (Ord. 06-1354, § 3)

§ 63127.8 Filming – Permit Application.

(a) Any person desiring a film permit or a still photography permit shall submit a completed application for filming on a form furnished by the Director. Each film permit application shall be accompanied by the permit fee specified in CMC 63127.5. A valid City business license is also required before a film permit may be issued. Permit application packets shall include the following information:

(1) The name, address and telephone number of both the applicant and the person in charge of the filming activity.

(3) A general statement of the character or nature of the proposed filming activity, including a detailed description of any potentially disruptive activities.

(6) A statement regarding the use of animals, pyrotechnics, gunfire, sirens, bullhorns or other noise-creating devices or any other hazardous activity. No noise-creating devices may be used in violation of Chapter 5 of Article V of this Code without prior approval from the City.

(7) A staging plan illustrating the placement of all sets, props and all equipment, including generators, honey wagons and cameras which will be located in the public right-of-way or where traffic flow and pedestrian access may be affected.

(8) A copy of written evidence that all residents and merchants who will be affected by the filming have been notified.

(9) The maximum number and type of vehicles and other equipment which will be used.

(10) An executed hold harmless agreement on a form approved by the City Attorney.

(11) The applicant shall submit a performance bond or post a refundable security deposit in the amount determined by the Director to be sufficient to ensure that the applicant cleans up or restores all of the property used during filming.

(12) The applicant shall remit payment equal to the estimated value of the anticipated City staff time, pursuant to CMC 63127.12.

(b) The Director may refer the application to such appropriate City departments as are directly impacted by the application and as the Director deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application.

(c) The Director shall issue a permit under CMC 63127.5, et seq., if it is determined that the following criteria have been met:

(1) The proposed use will not unreasonably interfere with traffic or pedestrian movement, or unreasonably interfere with or endanger the public peace or rights of nearby residents and merchants to the quiet, peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;

(2) The proposed use will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the permit area, or adversely affect the City’s ability to perform municipal functions or furnish City services in the vicinity of the permitted area;

(3) The proposed use will not constitute a fire or safety hazard and all proper safety precautions will be taken as are reasonably necessary to protect the public peace, health, safety or general welfare; and

(4) A complete application, including the payment of all applicable fees, proof of all required insurance, an executed hold harmless agreement and any required performance bond or security deposit have been submitted and are satisfactory to the Director.

(d) The Director has the discretion to impose any conditions on the permit that the Director believes are necessary to facilitate the filming and to lessen any adverse effects the filming may have on the community. (Ord. 06-1354, § 4)

§ 63127.9 Filming – Permit Rider.

Changes, revisions and/or additions to the permit conditions require a permit rider. Each application for a permit rider shall be accompanied by a fee of $50.00 for filming and $25.00 for still photography. (Ord. 06-1354, § 5)

§ 63127.10 General Requirements for Filming Permits.

(a) Notification. All residents and merchants within a five hundred (500) foot radius of the film location must receive notice of filming at least forty-eight (48) hours prior to the first day of filming. Notwithstanding the foregoing, the City reserves the right to impose additional notice requirements beyond five hundred (500) feet and/or require more than forty-eight (48) hours’ notice if, in the City’s discretion, extraordinary circumstances of the filming warrant additional notice.

(b) Filming Hours. The hours for filming are 7:00 a.m. to 10:00 p.m. Filming activities occurring outside the designated hours require signature approval by eighty (80) percent of residents and businesses within a five hundred (500) foot radius. (Applicants must document two (2) separate attempts for signature approval where they have been unsuccessful in their endeavor.)

(c) No Interference. Filming shall not interfere with normal activities of any neighborhood, such as refuse collection, street sweeping, gardening, deliveries or ingress or egress to public or private property without permission of the appropriate authority.

(d) Roadwork and Construction. Any roadwork or construction by City crews and/or private contractors under permit or contract to the City or any other public agency has priority over filming activities.

(e) Inspections. The production company must allow site inspections by City staff at any time. A copy of the approved City license and permit must remain at the filming location.

(f) Crew Behavior. Cast and crew are to refrain from nonscripted, off-camera language that is loud or lewd within earshot of the general public.

(g) Condition of the Site. The production company shall conduct operations in a neat and orderly fashion, and upon completion of filming, the area shall be cleaned of trash and debris and restored to its original condition.

(h) Oversight Personnel. The production company shall ensure that the necessary oversight personnel, as described in CMC 63127.13, are on-site during filming.

(i) At the City’s request, a briefing between City staff and the production company may be required. (Ord. 06-1354, § 6)

§ 63127.11 Filming – Traffic Control.

(a) Interim traffic control on roadways is limited to three (3) minutes maximum and shall not occur more than once during any twenty (20) minute period on any major street and more than once during any ten (10) minute period on any minor street unless authorized by the appropriate City personnel.

(b) When interim traffic control measures are necessary, the permittee shall furnish and install advance warning signs and any other traffic control devices required to ensure that the measures are being undertaken in conformance with the Manual of Traffic Controls, State of California, Department of Transportation. All appropriate safety precautions must be taken, to the satisfaction of the Director of Public Works.

(c) Traffic may be restricted to one (1) twelve (12) foot lane of traffic and/or stopped intermittently, but not more often than permitted pursuant to CMC 63127.11(a). The period of time that traffic may be restricted will be determined by the Development Services General Manager based on location and other factors deemed relevant. When necessary circumstances exist, traffic may be rerouted as provided in a detour plan approved by the Development Services General Manager or his designee.

(d) Traffic may not be detoured across a double centerline without prior written approval from the City.

(e) Any emergency road work or emergency construction by City crews and/or private contractors, under permit or contract to the appropriate City department or any other public agency, shall have priority over filming activities.

(g) Camera cars must drive with the flow of traffic and must not interfere with other vehicles in the road unless the production has obtained approval for a road closure from the property authority.

(h) Stationary cameras should be mounted off the roadway. If a stationary camera is to be located in the traffic lane, all necessary lane closures must be provided and approved in writing in advance by the City.

(i) If the production company wets the roadway for filming purposes, the filming company may not remove cautionary warning signs until the roadway is dry and deemed safe to the City’s satisfaction. A professional lane closure company shall be hired to install the lane closure area for the wet-down and shall maintain said closure until the roadway is dry. “Wet Pavement” signs are required at either end of the wet-down. (Ord. 06-1354, § 7)

§ 63127.12 Filming – Insurance.

(a) As a condition of issuance of a permit hereunder, every permittee must procure and maintain in full force and effect during the term of the permit a policy (or policies) of insurance from an insurance company licensed to do business in California, which policy (or policies) names the City, its officers, employees and agents as additional insureds insuring against any and all liability of permittee in connection with the filming and permittee’s obligations and liabilities under its permit, CMC 63127.5, et seq., any other regulations contained in this Code and its indemnities, including, but not limited to, commercial general liability insurance on an “occurrence” basis against claims for personal injury, including death, bodily injury or property damage liability and in an amount not less than $1,000,000, or such additional amounts the Director deems necessary to provide sufficient coverage that is adequate under the circumstances. Proof of insurance in a form acceptable to the City’s Risk Manager shall be submitted to the City in advance of the issuance of the permit. The Director may waive the requirement of insurance or a particular type of coverage if the Director determines that the intended use does not present any significant exposure to liability for the City, its officers, employees and agents or to public property damage.

(b) The permittee shall conform to all applicable Federal and State requirements for Workers’ Compensation Insurance for all persons operating under a permit. (Ord. 06-1354, § 8)

§ 63127.13 Police, Fire and Other City Personnel.

(a) A minimum of one on-duty Los Angeles County Sheriff’s Deputy must be present at all times during filming and related activities which will occur: (i) in or immediately adjacent to the public right-of-way, (ii) on public property, and (iii) at any other location as deemed necessary by the Director or the Captain of the Sheriff’s Department. The production company shall be solely responsible for coordinating with the Director or the Captain of the Sheriff’s Department to ensure that the required Sheriff’s Deputy(ies) are available at the appropriate times.

(b) The production company must comply with all Los Angeles County Fire Department requirements, including obtaining all required permits.

(c) In the Director’s discretion, one or more members of City staff shall be on-site at all times during filming and related activities to assist the production company’s compliance with the requirements of this Code.

(d) Any required Sheriff’s or City personnel shall be retained at the production company’s sole cost and expense. The anticipated value of the staff time shall be remitted to the Director concurrent with the permit application. After filming has been completed, the Director shall review the actual amount of staff time used by the production company and shall reconcile whether the production company is owed a rebate or owes the City additional amounts. Any rebate from the City or additional amounts owed to the City shall be paid within seven (7) days of the Director’s determination thereof. (Ord. 06-1354, § 9)

§ 63127.14 Nonprofit and Student Filming.

(a) Nonprofit organizations desiring a film permit must complete an application form and must provide a copy of their proof of tax-exempt status.

(b) For student film projects, students must supply a written certificate from the school of their attendance stating that the filming project is an assignment for the class and is not intended for commercial distribution. (Ord. 06-1354, § 10)

§ 63127.15 Filming – Permit Denial or Revocation.

(a) The Director shall deny the permit if the conditions of CMC 63127.5, et seq., and any other applicable laws and regulations have not been met or if the application contains incomplete or false information.

(b) The Director may immediately revoke or suspend a permit which has been granted, if the conditions of CMC 63127.5, et seq., and all applicable laws and regulations are no longer being met, if the information supplied by the applicant becomes, or is determined to be, false or incomplete, or if any substantial change in circumstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare.

(c) Upon revocation of a permit, the permittee may be prohibited from applying for another permit for a period of one (1) year if it is determined by the Director that the application was filed under false pretenses or that future filming may be detrimental to the public peace, health, safety or general welfare. (Ord. 06-1354, § 11)

§ 63127.16 Filming – Notification and Appeals.

(a) The Director shall act upon the application in a timely fashion and shall approve or disapprove the application or request additional information within two (2) business days when possible, but not longer than ten (10) business days following the date of filing of the application. The applicant shall be immediately notified of the action of approval, denial or revocation of the permit application or permit issued under CMC 63127.5, et seq.

(1) The notice of denial or revocation shall state the reasons for such action and the appropriate remedy or cure, if applicable.

(2) The notification shall be deemed satisfied when the notice is sent by facsimile to the facsimile number listed on the application, or if no number is listed, when notice is placed, postage prepaid in the United States mail addressed to the applicant at the address shown on the permit application.

(b) An applicant or permittee aggrieved by a decision or action of the Director or City Manager under CMC 63127.5, et seq., shall have the right to appeal such decision to the City Council.

(1) Any appeal shall be filed with the City Clerk within five (5) business days after notice of denial, approval or revocation has been received by the applicant or permittee. The City Council shall act upon the appeal within twenty-eight (28) calendar days of the filing of the appeal.

(2) Upon receipt of an appeal, the City Clerk shall set a date for a hearing of the matter and give notice of the date, time and place of the hearing to the applicant/appellant. Prior to such hearing, the Director shall transmit to the City Clerk a report of his/her findings and at the City Council hearing shall present all documents on file.

(3) The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part the action that was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of CMC 63127.5, et seq., and may waive any requirement of CMC 63127.5, et seq., where it is found to be in the public interest. The City Council shall transmit a copy of its decision to the applicant/appellant. (Ord. 06-1354, § 12)

§ 63129.2 Fortune-Telling and Similar Practices.

Permit Fee $250.00. 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:

(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.

(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:

(2) The applicant has not, within the previous six (6) months, been convicted of any crime involving fraud or moral turpitude.

(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; Ord. 06-1342, § 31)

§ 63129.5 Gun Dealer.

Permit Fee $250.00. 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.

(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; Ord. 06-1342, § 32)

§ 63130 House and Street Numbering.

Permit Fee $50.00. 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;

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 $10.00 plus $1.00 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 $50.00. 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; Ord. 06-1342, §§ 33, 34)

§ 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;

(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

(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; Ord. 06-1342, § 35)

§ 63131 Junk Collector – Junk Dealer.

Permit Fee $250.00. Each junk collector and each junk dealer prior to the issuance of a permit shall provide the following information on his application:

(h) Such other information or evidence as may be required by this Chapter or the Finance Director. (Ord. 71-162; Ord. 71-183, § 2; Ord. 06-1342, § 36)

§ 63132 Laundries and Dry Cleaners – Self Service.

Permit Fee $50.00. 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.

(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 liability insurance with coverage of $1,000,000, 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; Ord. 06-1342, §§ 37, 38)

§ 63133 Locksmith.

Permit Fee $100.00. 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:

(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. 06-1342, § 39)

§ 63136 Mobile Home Parks.

«Unamended section»


Parks with not more than 35 spaces	Permit Fee $100.00
Parks with more than 35 but not more than 70 spaces	Permit Fee $150.00
Parks with more than 70 spaces	Permit Fee $200.00

§ 63137 Motion Picture Theater.

Permit Fee $50.00. 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; Ord. 06-1342, § 41)

§ 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; Ord. 06-1342, § 42)

§ 63139 Patrol System.

Permit Fee $100.00. “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; Ord. 06-1342, § 43)

§ 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:

(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;

(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;

(i) A copy of the applicant’s license pursuant to Business and Professions Code Section 7520; and

(j) For each person listed in subsection (f) of this Section, a copy of that person’s guard card. (Ord. 71-162; Ord. 06-1342, § 44)

§ 63139.2 Same – Evidence to Be Submitted.

§ 63140 Patrolman.

§ 63141 Pawnbroker, Junk Dealer, Salvage Dealer, Secondhand Dealer, Swap Meet Operator, and Certain Auctioneers – Regulations.

Permit Fee $250.00. 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; Ord. 06-1342, § 47)

§ 63143.10 Pony Rides, Kiddie and Amusement Rides.

Permit Fee $50.00. An operator of a pony ride, kiddie or amusement ride, including inflatable jumpers, 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 $1,000,000 for injuries and property damage, insuring against all damages resulting from injuries to any person using or visiting such pony ride, kiddie ride, amusement 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. 06-1342, § 48)

§ 63144 Photograph Solicitors.

Regulations same as for solicitors. The permit fee for a photograph solicitor is $50.00. (Ord. 71-162; Ord. 06-1342, § 49)

§ 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 $5,000,000 for injuries and 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; Ord. 06-1342, § 50)

§ 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. The permit fee for a rebound or tumbling center is $50.00. (Ord. 71-162; Ord. 06-1342, § 51)

§ 63146 Salvage or Junk Dealer.

Permit Fee $250.00. The provisions of CMC 63141 apply to salvage dealers and junk dealers. (Ord. 06-1342, § 52)

§ 63147 Second Hand Dealers.

Permit Fee $250.00. The provisions of CMC 63141 apply to second hand dealers. (Ord. 06-1342, § 53)

§ 63147.5 Skateboard Center or Skating Rink.

Permit Fee $50.00. 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 $5,000,000 for injuries and 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 the 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.

(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.

(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.

(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:

(3) Trained and experienced in the supervision and control of both skilled and unskilled persons while skateboarding or skating.

(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; Ord. 06-1342, §§ 54, 55)

§ 63148 Solicitor.

Permit Fee $50.00. 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; Ord. 06-1342, § 56)

§ 63148.4 Same – Principal Permit.

Permit Fee $50.00. 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; Ord. 06-1342, § 57)

§ 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.

(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, address of its principal office, and the names, addresses, and telephone numbers of the applicant’s principal officers;

(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, which shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, or the Financial Accounting Standards Board;

(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;

(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; and

(12) Proof of current tax-exempt status. (Ord. 71-162; Ord. 83-646, § 1; Ord. 06-1342, §§ 58, 59)

§ 63150.5 Tobacco Retailer’s Permit – Purpose.

The purpose of this Section is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws that (1) prohibit the sale or distribution of tobacco products to minors and (2) prohibit the display of tobacco products from being within reach of the public. This permit process is not intended to expand or reduce the degree to which tobacco-related activities are regulated by Federal or State law, including criminal prosecution for violations of such laws, or to alter the penalty provided therefor. (Ord. 06-1365, § 1)

§ 63150.5.1 Definitions.

“Code Enforcement Officer” means any employee or agent of the City who is designated to enforce any provision of this Code.

“Newly established business” means a business which was not engaged in tobacco retailing within the City during the immediately preceding permit renewal period.

“Person” means any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity.

“Tobacco paraphernalia” means cigarette papers or wrappers, pipe holders, smoking materials of all types, cigarette rolling machines, and any other item designed to facilitate smoking or the ingestion of tobacco products.

“Tobacco product” means any substance containing tobacco leaf, including but not limited to any tobacco cigarette, cigar, pipe tobacco, snuff, smokeless tobacco or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion.

“Tobacco retailer” means any person who sells, offers for sale, or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; “tobacco retailing” shall mean engaging in any of these things. (Ord. 06-1365, § 2)

§ 63150.5.2 Requirements for Tobacco Retailer’s Permit.

It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s permit pursuant to CMC 63150.5, et seq., for each location at which such activity is to occur. No permit will be issued to authorize tobacco retailing at any place other than a fixed location; peripatetic tobacco retailing and tobacco retailing from vehicles are prohibited.

Each day that a person offers tobacco, tobacco products or tobacco paraphernalia for sale or exchange within the City without a valid permit shall constitute a separate violation of this Code. (Ord. 06-1365, § 3)

§ 63150.5.3 Application Procedure.

A completed application for a tobacco retailer’s permit (including the payment of all necessary fees) shall be submitted to the Director. The application shall be sought in the name of the person proposing to conduct retail tobacco sales and shall be signed by such person or, in the case of a business, by an authorized agent thereof. A valid City business license is also required before a tobacco retailer’s permit may be issued. Each person applying for a tobacco retailer’s permit shall be responsible for reviewing the conditions of conducting retail tobacco sales within the City and shall agree to abide by these conditions by signing the application under penalty of perjury. All applications shall be submitted on the form supplied by the Director and shall contain the following information:

2. The business name, address and telephone number of the fixed location for which a tobacco retailer’s permit is sought.

3. A statement whether or not the applicant has ever applied for and was denied or has been issued a tobacco retailer’s permit from the City or any other jurisdiction which was revoked or suspended and the dates and circumstances surrounding the suspension and/or revocation.

4. A statement of whether the applicant, its agents or employees have been convicted of a felony involving or related to the sale of tobacco, tobacco paraphernalia or tobacco products within the past five (5) years.

5. Such additional information as the Director may reasonably require. (Ord. 06-1365, § 4)

§ 63150.5.4 Issuance and Renewal of Permit.

Upon the receipt of a complete application for a tobacco retailer permit and the payment of the applicable permit fee, the City shall issue a permit unless any of the following occur:

2. The application seeks authorization for tobacco retailing at an address that appears on a permit that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of CMC 63150.5, et seq.; provided, however, this subsection shall not constitute a basis for denial of a permit if either or both of the following apply:

a) The applicant provides the City with documentation demonstrating, to the Director’s satisfaction, that the applicant has acquired or is acquiring the premises or business in an arm’s length transaction. For the purposes of this subsection, an “arm’s length transaction” is defined as a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two (2) informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Section that have occurred at the location will be presumed not to be an “arm’s length transaction.”

b) It has been more than three (3) years since the most recent permit for that location was revoked.

3. The application seeks authorization for tobacco retailing by a person who has a currently suspended tobacco retailer’s permit or who has had a permit revoked, pursuant to CMC 63150.5, et seq., within the last three (3) years.

4. The application seeks authorization for tobacco retailing in a manner which would violate this Code or any other local, State or Federal law.

5. The applicant, or its agents or employees, has been convicted of a felony involving or related to the sale of tobacco, tobacco paraphernalia or tobacco products within the past five (5) years.

6. The issuance of a tobacco retailer’s permit would be in conflict with any other City ordinance. (Ord. 06-1365, § 5)

§ 63150.5.5 Permits Not Transferable.

A tobacco retailer’s permit shall be nontransferable. Should a new person acquire a business that is engaged in tobacco retailing, that person must apply for a new permit prior to the commencement of any retail activity. (Ord. 06-1365, § 6)

§ 63150.5.6 Display of Permit.

Each tobacco retailer’s permit shall be prominently displayed in a publicly visible location where tobacco retailing occurs. (Ord. 06-1365, § 7)

§ 63150.5.7 Permit Fee.

The fee for filing an application for a tobacco retailer’s permit shall be established by resolution of the City Council and may be amended from time to time. The application fee is nonrefundable; however, if a permit is denied, the business license fee paid shall be refunded. This permit fee is calculated so as to recover the cost of both the administration and enforcement of the permit, including the cost of issuing the permit, renewing the permit, administering the tobacco retailer’s permit program, retailer inspection and compliance checks, documentation of violations, adjudications and prosecutions of violators. (Ord. 06-1365, § 8)

§ 63150.5.8 Permit Violation – Compliance Monitoring.

It shall be a violation of a tobacco retailer’s permit for any tobacco retailer’s permittee, or his or her agents or employees, to violate any local, State or Federal tobacco-related law.

Compliance with this Section shall be monitored by the Los Angeles County Sheriff’s Department – Carson Station. Notwithstanding the foregoing, any City peace officer or code enforcement officer is authorized to enforce CMC 63150.5, et seq. The City shall request that the Los Angeles County Sheriff’s Department verify compliance of each tobacco retailer with CMC 63150.5, et seq., a minimum of one (1) time per twelve (12) month period. Compliance checks shall include an investigation into whether a tobacco retailer is complying with tobacco laws prohibiting the sale of tobacco products to minors. The Los Angeles County Sheriff’s Department may use youth decoys and shall comply with protocols for the compliance checks developed in consultation with the Los Angeles County Department of Health Services.

The City shall not enforce any tobacco-related minimum-age law against a person who otherwise might be in violation of such law because of such person’s age (herein “youth decoy”) if the potential violation occurs when the youth decoy is participating in a compliance check supervised by a peace officer, a code enforcement official or an agent of another governmental agency. (Ord. 06-1365, § 9)

§ 63150.5.9 Permit Compliance Incentives.

Upon a finding by the City that a tobacco retailer’s permittee has not violated CMC 63150.5, et seq., within the preceding three (3) year period, the Director shall grant a ten (10) percent discount from the permit fee set forth in CMC 63150.5.7.

Upon a finding by the City that a tobacco retailer’s permittee has not violated CMC 63150.5, et seq., within the preceding six (6) year period, the Director shall grant an additional ten (10) percent discount, for a total of a twenty (20) percent discount, from the permit fee set forth in CMC 63150.5.7. (Ord. 06-1365, § 10)

§ 63150.5.10 Suspension or Revocation of Permit.

A. In addition to any other penalty authorized by law, a tobacco retailer’s permit may be suspended or revoked if the City finds, after notice to the tobacco retailer’s permittee and an opportunity for the permittee to be heard, that the permittee, or his or her agents or employees, has violated any of the provisions of CMC 63150.5, et seq., or any other local, State or Federal law relating to tobacco; provided, however, that a violation by a permittee at one location may not be cause for such permittee to lose its permit at any other location within the City where such permittee is engaged in the retail sale of tobacco. Similarly, the violation of a tobacco retailer’s permit at a particular location will not bar the City from granting a new tobacco retailer’s permit to another applicant who is unrelated to the prior permittee for the same location.

1. Upon a finding by the City of a first violation of any provision of CMC 63150.5, et seq., within any three (3) year period, the Director may:

b) Advise the permittee of the penalties for further violations of CMC 63150.5, et seq.

c) Require the permittee to provide documentation to the City that all employees engaged in the retail sales of tobacco have received training in a City-approved program within sixty (60) days after the warning, or such other time as shall be set by the Director.

2. Upon a finding by the City of a second permit violation of any provision of CMC 63150.5, et seq., within any three (3) year period, the tobacco retailer’s permit may be suspended up to thirty (30) days.

3. Upon a finding by the City of a third permit violation of any provision of CMC 63150.5, et seq., within any three (3) year period, the tobacco retailer’s permit may be suspended up to ninety (90) days.

4. Upon a finding by the City of a fourth permit violation of any provision of CMC 63150.5, et seq., within any three (3) year period, the tobacco retailer’s permit may be suspended for up to one (1) year.

5. Upon a finding by the City of a fifth permit violation of any provision of CMC 63150.5, et seq., within any three (3) year period, the tobacco retailer’s permit may be revoked.

B. A tobacco retailer’s permit shall be revoked if the City finds, after notice to the permittee and an opportunity for the permittee to be heard, that any one of the conditions listed below existed at the time of the violation. The revocation of a tobacco retailer’s permit shall prohibit the permittee from tobacco retailing within the City for a period of three (3) years. The revocation shall be without prejudice to the filing of a new application for a tobacco retailer’s permit by a new applicant at an address where a permit has been revoked.

1. One (1) or more of the bases for denial of the tobacco retailer’s permit listed in CMC 63150.5.4 existed at the time the tobacco retailer’s permit application was made or at any time before the permit was issued.

2. The application is incomplete for failure to provide the information required by CMC 63150.5.3.

3. The information contained in the application, including any supplemental information, is found to be false in any material respect.

4. The application seeks authorization for a type of tobacco retailing that is unlawful pursuant to this Code or any other local, State or Federal law.

C. In the event the City denies, suspends or revokes a tobacco retailer’s permit, written notice of the denial, suspension or revocation shall be served upon the applicant or permittee, as the case may be, within five (5) days of the decision to deny, suspend or revoke the permit to the mailing address specified in the application.

D. During a period of suspension of a tobacco retailer’s permit, the permittee must remove from public view all tobacco products and tobacco paraphernalia at the address that appears on the suspended or revoked tobacco retailer’s permit. (Ord. 06-1365, § 11)

§ 63150.5.11 Notification and Appeals.

1. Any notice of denial, suspension or revocation of a tobacco retailer’s permit shall state the reasons for such action and the appropriate remedy or cure, if applicable.

2. Any notification to be given pursuant to CMC 63150.5, et seq., shall be deemed given once the notice is sent by facsimile to the facsimile number listed on the application, or if no number is listed, when notice is placed, postage prepaid, in the United States mail, addressed to the applicant at the address shown on the permit application.

3. Any applicant or permittee aggrieved by a decision or action of the Director under CMC 63150.5, et seq., shall have the right to appeal such decision to the City Council.

(a) Any appeal that is filed pursuant to this Section shall be filed, and all appropriate fees shall be paid, with the City Clerk within fourteen (14) calendar days after notice of denial, approval or revocation is given by the City. The City Council shall act upon any such appeal within twenty-eight (28) calendar days of the filing of the appeal.

(b) Upon receipt of an appeal that is filed pursuant to this Section, the City Clerk shall set a date for a hearing of the matter and give notice of the date, time and place of the hearing to the applicant/appellant. Prior to such hearing, the Director shall transmit to the City Clerk a report of his/her findings. At the hearing by the City Council, the Director shall present all documents on file with respect to the matter being appealed.

(c) The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of CMC 63150.5, et seq., and may waive any requirement of CMC 63150.5, et seq., where it is found to be in the public interest. The City Clerk shall transmit a written copy of the City Council’s decision to the applicant/appellant within five (5) days of the hearing. (Ord. 06-1365, § 12)

§ 63151 Tow Truck.

Permit fee – $50.00 per year, for tow truck operators whose principal place of business or employment is within the City, except the operation and operators of any licensed auto dismantlers’ tow vehicle or any tow truck operated by a licensed repossessing agency and its registered employees. (Ord. 71-162; Ord. 06-1342, § 60)

§ 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:

(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.

(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 – $50.00 per year, plus $100.00 per year for each vehicle to be utilized in the City. (Ord. 71-162; Ord. 91-956, § 2; Ord. 91-959, § 3; Ord. 06-1342, § 61)

CHAPTER 6
VIDEO SERVICE FRANCHISES

*Editor’s Note: Ordinance No. 08-1398 added Division 2 to Chapter 6 of Article VI as CMC 6700, 6705, 6710, 6715 and 6720. These sections have been editorially renumbered to avoid duplication.

Division 2. State Franchises

§ 6624 State Video Service Franchise Fees.

(a) Any holder of a State video service franchise (franchise holder), that offers video service within the City of Carson (the City), shall calculate and remit to the City a franchise fee of five (5) percent of its gross revenues. Such fee shall be remitted within forty-five (45) days after the end of the quarter for that calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the franchise fee. If the holder does not pay the franchise fee when due, the holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one (1) percent. If the holder has overpaid the franchise fee, it may deduct the overpayment from its next quarterly payment.

(b) For the purposes of any State video service franchise, “gross revenues” shall be as defined in Section 5860 of the California Public Utilities Code (CPUC).

(c) For the purposes of this Division, “franchise holder” shall mean a “holder of a state franchise” as that term is defined at Section 5830 of the CPUC. (Ord. 08-1398, § 4)

§ 6625 State Video Service Fees for Public, Educational and Governmental (PEG) Access.

(a) As required by Section 5870(n) of the California Public Utilities Code (CPUC), the City establishes a fee of one (1) percent of a franchise holder’s gross revenues to support public, educational and governmental (PEG) channel facilities, to be paid by any franchise holder operating in the City.

(b) The fee shall be payable to the City quarterly no later than June 1st for the quarter ending March 31st, September 1st for the quarter ending June 30th, December 1st for the quarter ending September 30th and March 1st for the quarter ending December 31st.

(c) As permitted by Section 5870(o) of the CPUC, any franchise holder operating in the City may recover the PEG fees required herein as a separate line item on the regular bill of each subscriber.

(d) The City may reduce the fee upon not less than ninety (90) days’ prior written notice from the City Manager to the franchise holder. If the fee has been reduced to less than one (1) percent of gross revenues, subsequent increases, to the maximum fee of one (1) percent of gross revenues, shall be upon not less than ninety (90) days’ prior written notice from the City Manager to the franchise holder.

(e) Notices shall be transmitted by United States Postal Service certified or registered mail, return receipt requested and postage prepaid, or by private commercial delivery or courier service for same day or next business day delivery with delivery and receipt signature required. (Ord. 08-1398, § 4)

§ 6626 Customer Service Penalties.

(a) Any franchise holder shall, at minimum, comply with all applicable State and Federal customer service and protection standards pertaining to the provision of video service.

(b) The City will provide any franchise holder with written notice of any material breach of applicable customer service and protection standards, and will allow the franchise holder at least thirty (30) calendar days from the receipt of the notice to remedy the specified material breach. A material breach that is not remedied by the franchise holder within the remedy period shall subject the franchise holder to the following penalties to be imposed by the City:

(1) For the first occurrence of a material breach, a penalty of not more than $500.00 for each day of each material breach, not to exceed $1,500 for each occurrence of a material breach.

(2) For the second violation of the same nature within twelve (12) months, a penalty of $1,000 for each day of each material breach, not to exceed $3,000 for each occurrence of the material breach.

(3) For a third or further violation of the same nature within twelve (12) months, a penalty of $2,500 for each day of each material breach, not to exceed $7,500 for each occurrence of the material breach.

(c) Any notice and any penalty may be issued or imposed by the City Manager, or the City Manager’s designee. Any notice shall be in writing. Notices shall be transmitted by United States Postal Service certified or registered mail, return receipt requested and postage prepaid, or by private commercial delivery or courier service for same day or next business day delivery with delivery and receipt signature required.

(d) The franchise holder may appeal any finding of material breach or imposition of penalties to the City Council. Any appeal must be made within thirty (30) calendar days of receipt, by the franchise holder, of the finding of material breach or the imposition of penalties, and must be submitted in writing to the City Clerk and the City Manager in order to be placed on a City Council agenda for consideration. Any appeal must contain a detailed explanation of why the applicant believes that the finding of material breach or the imposition of penalties was inconsistent with statutory requirements or authority.

(e) The City and any franchise holder may mutually agree to extend the time periods specified herein. Any such agreement shall be in writing and executed by the City Manager, or the City Manager’s designee, and an authorized representative of the franchise holder.

(f) Any penalty imposed on the franchise holder, pursuant to this section, shall be paid to the City. As provided for in Section 5900(g) of the CPUC, the City shall submit one-half (1/2) of all penalties received from a franchise holder to the Digital Divide Account established in Section 280.5 of the CPUC. (Ord. 08-1398, § 4)

§ 6627 Encroachment Permits.

(a) For the purposes of this Division, an “encroachment permit” means any permit issued by the City relating to installation, construction or operation of facilities relating to the provision of video service under a franchise.

(b) Prior to installing, constructing, or maintaining a network, or any part thereof, within any portion of any City right-of-way, a franchise holder shall obtain an encroachment permit from the City.

(c) As required by Section 5885 of the CPUC, the City shall either approve or deny an application from a franchise holder for an encroachment permit within sixty (60) days of receiving a completed application.

(d) An application for an encroachment permit is considered complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (CEQA) of the Public Resources Code.

(e) Any City denial of an application for an encroachment permit shall be in writing and shall contain a detailed explanation of the reason for the denial.

(f) An applicant whose application for an encroachment permit has been denied may appeal the denial to the City Council. Any appeal must be made within thirty (30) calendar days of receipt by the franchise holder of the denial, and must be submitted in writing to the City Clerk and the City Manager in order to be placed on the City Council agenda for consideration. Any appeal must contain a detailed explanation of why the applicant believes that the denial was inconsistent with statutory requirements or authority. (Ord. 08-1398, § 4)

§ 6628 Undergrounding.

(a) In those areas and portions of the City where the transmission or distribution facilities of both the public utility provided telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the franchise holder shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this subsection, “underground” shall include a partial underground system, e.g., streamlining. Consistent with State law, amplifiers in the franchise holder’s transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the City.

(b) When the franchise holder’s conduits and other facilities are not being installed underground, the franchise holder shall utilize existing poles, conduits or other facilities (collectively, “system”) to the extent feasible, as reasonably determined by the City, and shall remove all portions of the above-ground system which will no longer be utilized. In addition, all facilities which are installed above ground shall utilize anti-graffiti surfaces. Should a franchise holder’s facilities, nevertheless, be painted with graffiti, the franchise holder shall have five (5) days from its receipt of notification of the graffiti by the City to remove the graffiti. Upon the failure, refusal or neglect of the franchise holder to remove the graffiti within said five (5) days, the City Manager may cause the graffiti to be removed and, upon so doing, shall submit to the franchise holder an itemized statement of the costs thereof. The franchise holder shall, within thirty (30) days after receipt of such statement, pay to the City the entire amount thereof. (Ord. 08-1398, § 4)

CHAPTER 11
UTILITY USERS TAX

§ 61101 Findings.

a. The City is facing a current budget crisis and must reduce law enforcement services, maintenance of the streets, sidewalks, alleys, trees and other property open to the public, as well as other community services vital to the preservation of the public peace, health, and safety.

b. The cost of supplies, materials and other services required to provide necessary City services increases each year, yet at the time of the adoption of the ordinance codified in this Chapter, the State of California is proposing to reduce the level of funding allocated to local government.

c. It is the intention and understanding of the people that this measure shall be deemed a “general tax” and that it is not a “special tax” within the meaning of Section 4 of Article XIII A of the California Constitution by virtue of the fact that the proceeds of this tax are to be deposited in the General Fund of the City and are to be available to be used for any general governmental purpose that the City Council shall determine.

d. As soon as practical after the adoption of the ordinance codified in this Chapter, the City Council shall appoint a Citizens Oversight Committee which shall receive reports from the Tax Administrator at least annually on the implementation of this Chapter, the funds collected, and how funds collected are spent. The Citizens Oversight Committee, which may make recommendations to the City Council on any matter relating to this Chapter, shall hold all meetings in compliance with the Ralph M. Brown Act (California Government Code Section 54950, et seq.). (Ord. 09-1423, § 1)

§ 61102 Purpose.

The purpose of this Chapter is to establish the methods for calculating a utility users tax on users of electric and gas utility services in the City and to establish standards for administration of the taxes. (Ord. 09-1423, § 1)

§ 61103 Definitions.

The following words and phrases whenever used in this Chapter shall be construed as defined in this Section:

a. “Person” shall mean any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, business or common law trust, society, or individuals.

c. “Gas” shall mean natural or manufactured gas or any alternate hydrocarbon fuel that may be substituted therefor.

d. “Electrical corporation” and “gas corporation” shall have the same meanings as defined in the California Public Utilities Code, except, “electrical corporation” and “gas corporation” shall also be construed to include any municipality, public agency or person engaged in the selling or supplying of electrical power or gas to a service user.

e. “Tax Administrator” shall mean the person designated by the City Manager to implement this Chapter.

f. “Service supplier” shall mean any entity required to collect or self-impose and remit a tax as imposed by this Chapter.

g. “Service user” shall mean a person required to pay a tax imposed by this Chapter.

i. “Nonutility supplier” shall mean: (1) a service supplier, other than an electrical corporation serving within the City, which generates electrical energy in capacities of at least fifty (50) kilowatts for its own use or for sale to others; or (2) a gas supplier, other than a gas corporation, that sells or supplies gas to users within the City.

j. “Lower-income households” means persons and families whose incomes do not exceed the qualifying limits for lower-income families as determined and published by the California Department of Housing and Community Development. (See California Health and Safety Code Section 50079.5.) (Ord. 09-1423, § 1)

§ 61104 Exemptions – Limitations.

a. Nothing in this Chapter shall be construed as imposing a tax upon any person when imposition of such tax upon that person would be in violation of the Constitution of the United States or that of the State of California.

b. The City Council may, by minute order or resolution, establish one or more classes of persons or one or more classes of utility service otherwise subject to payment of a tax imposed by this Chapter and provide that such classes of persons or service shall be exempt, in whole or in part, from such tax.

c. Notwithstanding any other provision of this Chapter, residential customers shall be exempt from the payment of any utility users tax if the household qualifies as any of the following: (1) households where the household resident whose name appears on the utility bill is age sixty-two (62) years and older or (2) lower-income households as defined in CMC 61103.

d. The Tax Administrator shall prepare a list of the persons exempt from the provisions of this Chapter by virtue of this Section and furnish a copy thereof to each service supplier. The Tax Administrator shall make the final determination as to the eligibility for any exemption.

e. Notwithstanding any other provision of this Chapter, no service user shall be required to pay more than $1,000,000 in electricity users tax, or gas users tax, or both combined, for service provided in any calendar year. Any claim for refund must be made in writing in accordance with CMC 61114. (Ord. 09-1423, § 1)

§ 61105 Electricity Users Tax.

a. There is hereby imposed a tax upon every person other than an electric or gas corporation using electrical energy in the City. The tax imposed by this Section shall be at the rate of not more than two (2) percent of the charges made for such energy by an electrical corporation providing service in the City and shall be billed to and paid by the person using the energy. The tax applicable to electrical energy provided by a nonutility supplier shall be determined by applying the tax rate to the equivalent charge the service user would have incurred if the energy used had been provided by the electrical corporation serving the residents of the City. Rate schedules for this purpose shall be available from the City. Nonutility suppliers shall install, maintain and use an appropriate utility-type metering system which will enable compliance with this Section. “Charges,” as used in this Section, shall include charges made for: (1) metered energy and (2) minimum charges for service, including customer charges, service charges, demand charges, standby charges, and all other annual and monthly charges, fuel or other costs adjustments, authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission.

b. As used in this Section, the term “using electrical energy” shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him or her for use in an automobile or other machinery device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries; nor shall the term include electricity used and consumed by an electric utility supplier in the conduct of its business; nor shall the term include the mere receiving of such energy by an electric corporation or governmental agency at a point within the City of Carson for resale; nor shall the term include the use of such energy in the production or distribution of water by a water utility or a governmental agency.

c. The tax imposed in this Section shall be collected from the service user by the service supplier or nonutility supplier. The tax imposed in this Section on use supplied by self-generation or from a nonutility supplier not subject to the jurisdiction of this Section, shall be collected and remitted to the Tax Administrator in the manner set forth in this Chapter or by order of the Tax Administrator. The amount of tax collected by a service supplier or a nonutility supplier in one (1) month shall be remitted by U.S. mail to the Tax Administrator, postmarked on or before the last day of the following month. (Ord. 09-1423, § 1)

§ 61106 Gas Users Tax.

a. There is hereby imposed a tax upon every person in the City other than a gas corporation or electrical corporation, using, in the City, gas which is transported through mains or pipes or by mobile transport. The tax imposed by this Section shall be at the rate of not more than two (2) percent of the charges made for the gas and shall be billed to and paid by the person using the gas. The tax applicable to gas or gas transportation provided by nonutility suppliers shall be determined by applying the tax rate to the equivalent charges the service user would have incurred if the gas or gas transportation has been provided by the gas corporation franchised by the City. “Charges” as used in this Section shall include: (1) that billed for gas, which is delivered through mains or pipes; (2) gas transportation charges; and (3) demand charges, service charges, customer charges, minimum charges, annual and monthly charges, and any other charge authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission.

b. The tax otherwise imposed by this Section is not applicable to: (1) charges made for gas which is to be resold and delivered through mains and pipes; (2) charges made for gas used and consumed by a public utility or governmental agency in the conduct of its business; or (3) charges made by a gas public utility or gas used and consumed in the course of its public utility business; and (4) charges made for gas used in the propulsion of a motor vehicle, as authorized in the Vehicle Code of the State of California.

c. The tax imposed in this Section shall be collected from the service user by the person selling or transporting the gas. A person selling only transportation services to a user for delivery of gas through mains or pipes shall collect the tax from the service user based on the transportation charges. The person selling or transporting the gas shall, on or before the twentieth of each month after the effective date of the ordinance codified in this Section, make a return to the Tax Administrator stating the amount of taxes billed during the preceding calendar month. At the time such returns are filed, the person selling or transporting the gas shall remit tax payments to the Tax Administrator in accordance with schedules established or approved by the Tax Administrator. The tax imposed in this Section on use supplied by self-production or a nonutility supplier not subject to the jurisdiction of this Chapter shall be collected and remitted to the Tax Administrator in the manner set forth in this Chapter or by order of the Tax Administrator. (Ord. 09-1423, § 1)

§ 61107 Service Users Receiving Direct Purchase of Electricity or Gas.

a. Notwithstanding any other provision of this Chapter, a service user receiving gas or electricity directly from a nonutility supplier not under the jurisdiction of this Chapter, or otherwise not having the full tax due on the use of electricity or gas in the City directly billed and collected by the service supplier, shall report said fact to the Tax Administrator within thirty (30) days of said use and shall directly remit to the City the amount of tax due.

b. The Tax Administrator may require said service user to provide, subject to audit, filed tax returns or other satisfactory evidence documenting the quantity of electricity or gas used and the price thereof. (Ord. 09-1423, § 1)

§ 61108 Remittance of Tax.

Taxes collected from a service user which are not remitted to the Tax Administrator on or before the due dates provided in this Chapter are delinquent. Should the due date occur on a weekend or legal holiday, the return may be postmarked on the first regular working day following a Saturday, Sunday, or a legal holiday. (Ord. 09-1423, § 1)

§ 61109 Actions to Collect.

Any tax required to be paid by a service user under the provisions of this Chapter shall be deemed a debt owed by the service user to the City. Any such tax collected from a service user which has willfully been withheld from the Tax Administrator shall be deemed a debt owed to the City by the person required to collect and remit. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the name of the City for the recovery of such amount. (Ord. 09-1423, § 1)

§ 61110 Duty to Collect – Procedures.

The duty to collect and remit the taxes imposed by this Chapter shall be performed as follows:

a. Notwithstanding any other provision, the tax shall be collected insofar as practicable at the same time as and along with the charges made in accordance with the regular billing practices of the service supplier. Where the amount paid by a service user to a service supplier is less than the full amount of the service charge and tax which has accrued for the billing period, such amount and any subsequent payments by a service user shall be applied to the utility charge first until such charge has been fully satisfied. Any remaining balance shall be applied to taxes due.

b. The duty to collect tax from a service user shall commence with the beginning of the first full regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this Chapter. Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing. (Ord. 09-1423, § 1)

§ 61111 Additional Power and Duties of Tax Administrator.

a. The Tax Administrator shall have the power and duty, and is hereby directed to enforce each and all of the provisions of this Chapter.

b. The Tax Administrator shall have the power to adopt rules and regulations not inconsistent with provisions of this Chapter for the purpose of carrying out and enforcing the payment, collection and remittance of the taxes herein imposed. A copy of such rules and regulations shall be on file in the Tax Administrator’s office.

c. The Tax Administrator may make administrative agreements to vary the strict requirements of this Chapter so that collection of any tax imposed here may be made in conformance with the billing procedures of particular service supplier so long as said agreements result in collection of the tax in conformance with the general purpose and scope of this Chapter. A copy of each such agreement shall be on file in the Tax Administrator’s office.

d. The Tax Administrator shall determine the eligibility of any person who asserts a right to exemption from the tax imposed by this Chapter. The Tax Administrator shall provide the service supplier with the name of any person who the Tax Administrator determines is exempt from the tax imposed hereby, together with the address and account number to which service is supplied to any such exempt person. The Tax Administrator shall notify the service supplier of termination of any person’s right to exemption hereunder, or the change of any address to which service is supplied to any exempt person.

e. The Tax Administrator shall provide notice to all service suppliers, at least ninety (90) days prior to any annexation or other change in the City’s boundaries. Said notice shall set forth the revised boundaries by street and address, along with a copy of the final annexation order from LAFCO. (Ord. 09-1423, § 1)

§ 61112 Assessment – Service User Administrative Remedy.

a. Whenever the Tax Administrator determines that a service user has deliberately withheld from the service supplier the amount of the tax owed by him or her, or that a service user has refused to pay the amount of tax, the service supplier may be relieved of the obligation to collect taxes due under this Chapter from certain named service users for specified billing periods as set forth below. The notice shall be served on the service user by handing it to him or her personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the service user at the address to which billing was mailed by the person required to collect the tax.

b. The service supplier shall provide the City with amounts refused and/or unpaid along with the names and addresses of the service users neglecting to pay the tax imposed under provisions of this Chapter. Whenever the service user has failed to pay the amount of tax for a period of two (2) or more billing periods, the service supplier may be relieved of the obligation to collect taxes due.

c. The Tax Administrator shall notify the service user that the Tax Administrator assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by handing it to him or her personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the service user at the address to which billing was mailed by the person required to collect the tax; or, should the service user’s address change, to the last known address. If a service user fails to remit the tax to the Tax Administrator within fifteen (15) days from the date of the service of the notice upon him or her, which shall be the date of mailing if service is not accomplished in person, a penalty of twenty-five (25) percent of the amount of the tax set forth in the notice shall be imposed. The penalty shall become part of the tax herein required to be paid. (Ord. 09-1423, § 1)

§ 61113 Records.

It shall be the duty of every person required to collect and remit to the City any tax imposed by this Chapter to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the remittance to the Tax Administrator, which records the Tax Administrator shall have the right to inspect at all reasonable times. (Ord. 09-1423, § 1)

§ 61114 Refunds.

a. Written Claim Required. Whenever the amount of any tax, interest, or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this Chapter, it may be refunded as provided in this Section. However, any claim must be in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, and filed with the Tax Administrator within fifteen (15) days of the day the claimed amount was paid. The claim shall be made on a form furnished by the Tax Administrator.

b. Refund or Credit. Notwithstanding the provisions of subsection (a) of this Section, a service supplier may claim a refund; or take as credit against taxes remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established that the service user from whom the tax has been collected did not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax erroneously or illegally collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. A service supplier that has collected any amount of tax in excess of the amount of tax imposed by this Chapter may refund such amount to the service user and may, with the prior written approval of the Tax Administrator, claim credit for such overpayment against the amount of tax that is due to the City; provided, that a claim for such credit is presented within the time and in the manner prescribed by this Code.

c. Taxes Refunded. Notwithstanding other provisions of this Section, whenever a service supplier, pursuant to an order of the California Public Utilities Commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility services, the taxes paid pursuant to this Chapter on the amount of such refunded charges shall also be refunded to service users, and the service supplier shall be entitled to claim a credit for such refunded taxes against the amount of tax which is due upon the next monthly returns. In the event this Chapter is repealed, the amounts of any refundable taxes will be borne by the City. (Ord. 09-1423, § 1)

§ 61115 Severability.

If any subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Chapter or any part thereof. The City Council hereby declares that it would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. (Ord. 09-1423, § 1)

§ 61116 Amendment.

The tax rate set forth in this Chapter may only be amended by a vote of the people of the City of Carson; provided, however, that the City Council may otherwise amend this Chapter to achieve the purpose or intent of this Chapter. (Ord. 09-1423, § 1)

§ 61117 Operative Date.

Under the provisions of Government Code Section 36937, this Chapter shall become effective immediately upon passage of the enacting ordinance. The tax imposed under this Chapter shall apply to bills rendered on or after ninety (90) days or as soon thereafter as the respective utilities are physically and mechanically able to get on line for the imposition of charges (not more than sixty (60) days). (Ord. 09-1423, § 1)

§ 61118 Sunset Date.

The utility users tax described in this Chapter shall no longer be effective on July 1, 2016, and at such time this Chapter shall be repealed without further action, except that the provisions of this Chapter shall remain in effect as to any tax due and owing, but unpaid, as of July 1, 2016. (Ord. 09-1423, § 1)

§ 61119 Oversight Committee.

As soon as practical after the adoption of the ordinance codified in this Chapter, the City Council shall appoint a Citizens Oversight Committee which shall receive reports from the Tax Administrator at least annually on the implementation of this Chapter, the funds collected, and how funds collected are spent. The Citizens Oversight Committee, which may make recommendations to the City Council on any matter relating to this Chapter, shall hold all meetings in compliance with the Ralph M. Brown Act. (California Government Code Section 54950, et seq.) (Ord. 09-1423, § 1)

ARTICLE VITAXES AND LICENSES

CHAPTER 3BUSINESS, PROFESSIONS AND TRADES