Title 5
BUSINESS LICENSES, TAXES AND REGULATIONS

Chapters:

5.02 Business Licenses Generally

5.04 License Taxes Generally

5.06 Downtown Improvement District Assessment Payments

5.07 Master Tax Schedule

5.08 Advertising

5.09 Alcoholic Beverage Licenses

5.10 Ambulances

5.12 Amusement Arcades

5.13 Rental Businesses

5.14 Art Figure Studios

5.15 Repealed

5.18 Billiards and Pool Halls

5.20 Gambling

5.22 Circuses, Shows, Concerts, and Special Events

5.24 Merchandise Coupons

5.26 Public Dances

5.28 Firearms Sales

5.30 Franchises

5.32 Garage Sales

5.34 Manufacturers

5.35 Bathhouses

5.36 Massage Parlors and Holistic Health Practitioner Businesses

5.37 Narcotic or Drug Paraphernalia Shops

5.38 Pawnbrokers, Secondhand and Junk Store Dealers

5.39 Hotels/Motels

5.40 Peddlers

5.42 Professions

5.44 Race Tracks

5.46 Real Estate Salespersons

5.48 Repealed

5.50 Trailer Parks

5.52 Pay Television

5.54 Taxicabs

5.56 Tobacco and Weed Sales and Smoking

5.58 Tow Trucks

5.60 Vending, Weighing, Music, Amusement, and Video Machines and Newsracks

5.61 Pool and Billiard Tables

5.62 Vending Vehicles

5.63 Off-Site, Multiuser Hazardous Waste Facilities

5.64 Consumer Commodities Price Marking

5.65 Out-of-City Delivery Vehicles

Chapter 5.02
BUSINESS LICENSES GENERALLY*

Sections:

5.02.010 Purpose and intent – Definitions.

5.02.020 Required – Exemptions.

5.02.030 Separate license for each place of business – Scope – Exceptions.

5.02.040 Application – Contents required – Investigation fee(s).

5.02.050 Issuance – Prerequisites and procedure generally.

5.02.060 Issuance – Compliance with State and local regulations required.

5.02.070 Repealed.

5.02.080 Issuance – Void when.

5.02.090 Issuance – Approval of Police Chief required.

5.02.100 Denial of license – Criteria – Notice required.

5.02.105 Criminal conduct – Ineligibility for City licenses and permits.

5.02.110 Denial of license – Appeal – Hearing – Notice required.

5.02.120 Form and contents of license.

5.02.130 Use of fictitious name prohibited when.

5.02.140 Validity – License nonassignable and nontransferable.

5.02.150 Change of location permitted when – Fee.

5.02.160 Posting – Required.

5.02.170 Exhibition on demand required.

5.02.180 Revocation – Criteria.

5.02.190 Interstate commerce identification card required when – Application – Contents – Fee.

5.02.200 Unlawful activities not authorized – Licensing prohibited.

5.02.210 Certain machines and contrivances – Licensing prohibited.

5.02.220 Specific provisions of chapter to control.

5.02.230 Enforcement and inspection duty.

5.02.240 Failure to display license deemed violation.

* For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for authority for cities to license businesses in the exercise of the police power, see Bus. and Prof. Code §§ 16000 – 16003.

  CROSS REFERENCE: Business Energy Assessments, see Ch. 20.04 CVMC. Charitable Solicitations, see Ch. 9.21 CVMC. Obstructing Streets, see Ch. 12.12 CVMC. Building and Construction Permits, see CVMC Title 15. (Ord. 3119 § 2, 2008).

5.02.010 Purpose and intent – Definitions.

The provisions of CVMC Title 5 and CVMC 8.20.020 and 9.13.030, except as specifically noted, are enacted to raise revenue for municipal purposes. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “Average number of employees” means, for the purpose of determining the average number of employees employed during the year, that the number of persons employed at or near the fifteenth day of each month during the year in which business is transacted within the City shall be added together, and the sum total shall be divided by the number of months or fractions of months such business was in operation, fractions omitted.

B. “Business” includes every pursuit, trade, occupation, avocation, employment, business or calling.

C. “Employee” is defined as any person acting within the scope of the employer’s business within the limits of the City.

D. “Established place of business” is the place actually occupied either continuously or at regular periods by any person required to be licensed pursuant to this chapter and where such person’s books and records are kept and a large share of his business transacted.

E. “Occasional sale and delivery” is defined as those trips or deliveries beginning or ending at points within the City occurring not more than once in any given quarter during the calendar year.

F. “Peddler” includes any person, whether a resident of the City or not, who goes from house to house or from place to place conveying goods, wares or merchandise, or offering the same for sale, or making sales and delivering articles to purchasers. It does not include vendors of milk, bakery products, produce, groceries, ice cream or ice, who distribute their products to regular customers on established routes.

G. Rental Business. An owner will be deemed to be engaged in “rental business” if he holds out for rent or lease three or more residential units located on one parcel or on contiguous parcels of land.

H. “Retail business” or “retail sales” is deemed to include all sales of goods, wares, merchandise or services to a consumer.

I. “Solicitor” includes any person, whether a resident of the City or not, who goes from house to house or from place to place soliciting or taking orders for sales of goods, wares or merchandise, personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether he is collecting advance payments on such orders; or who solicits, takes or attempts to take public opinion polls, consumer surveys or by such contracts attempts to secure similar information. Such definition includes any person who uses any building, motor vehicle or other place within the City for the primary purpose of exhibiting samples and taking orders for future delivery, or one who, as an invitee of a purchaser or prospective purchaser or otherwise, solicits a sale or who exhibits any sample or gives a demonstration or makes a delivery within this City after a purchaser or prospective purchaser has been solicited or contacted by telephone, correspondence or other method of communication from within the City. Such definition includes the term “canvasser”; provided, however, that said definition does not include insurance salesmen who are, by law, exempt from licensing requirements.

J. “Transient merchant” includes any person, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City and who, in furtherance of such purposes, leases, uses or occupies any building, motor vehicle, public room in a hotel, or shop or other place within this City for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, however, that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person so engaged is not relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, merchant or auctioneer.

K. “Wholesale business” or “wholesale sales” is deemed to include all sales of goods, wares, merchandise or services to a retailer.

L. “Vending vehicle” means a vehicle from which any goods, other than foodstuffs, are sold, given away, displayed or offered for sale at retail.

M. “Out-of-City delivery vehicle” includes all vehicles entering the City to deliver merchandise purchased outside of the City to a location within the City more frequently than once per quarter per year. (Ord. 2537 § 1, 1992; Ord. 1801 § 1, 1978; Ord. 1293 § 1, 1970; Ord. 1243 § 1, 1969; prior code § 18.1).

5.02.020 Required – Exemptions.

It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license therefor, as in this title and CVMC 8.20.020 and 9.13.030 required; provided, however, that insurance salesmen and brokers are not required to obtain a business license by virtue of lawful exemption from such provisions, and further, they shall not be required to obtain a solicitor’s identification card as set forth in this chapter. (Ord. 2537 § 1, 1992; Ord. 1801 § 1, 1978; Ord. 1243 § 1, 1969; prior code § 18.2).

5.02.030 Separate license for each place of business – Scope – Exceptions.

A separate license shall be obtained for each separate business, or each branch establishment or separate place of business in which a business, show, exhibition or game is transacted, conducted or carried on, and shall authorize the licensee to transact, conduct or carry on only that business, show, exhibition or game described in such license. Any person conducting more than one business in the same storeroom shall not be required to pay more than one license tax; provided further, that such additional business so conducted by him shall be one that is ordinarily and customarily conducted in connection with such other business. (Ord. 1801 § 1, 1978; prior code § 18.3).

5.02.040 Application – Contents required – Investigation fee(s).

Before any license is issued to any person, such person shall make written application therefor to the finance officer of the City. Such application shall:

A. State the nature or kind of business or enterprise for which the license is required;

B. State the place where such business or enterprise will be transacted or carried on;

C. State the following:

1. The name and address of the owner of the business or enterprise,

2. The ownership classification: sole proprietorship, partnership or corporation and the federal tax identification number of the business,

3. The date business commenced in the city of Chula Vista,

4. The number of persons employed by the business,

5. State license number(s) and state of California resale number of the business or person conducting the business;

D. Be signed by the applicant;

E. Contain, when intended as an application for a license as a solicitor, peddler or transient merchant, the following information:

1. Physical description of applicant,

2. Complete permanent home and local address of the applicant,

3. If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship,

4. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time such application is filed, and the proposed method of delivery,

5. Two copies of a recent photograph of the applicant, such picture being approximately two inches by two inches and showing the head and shoulders of the applicant in a clear and distinguishing manner,

6. A statement as to whether or not the applicant has ever been convicted of any felony and if so the nature of the offense,

7. The last cities, not to exceed three, where applicant carried on business immediately preceding the date of application and the addresses from which such business was conducted in those cities,

8. At the time of filing the application, the required fee(s) shall be paid to the director of finance to cover the cost of investigation of the facts stated therein,

9. Where a written order or contract is used, the applicant shall attach to the application one copy of the proposed form of all such orders or contracts to be used or submitted to purchasers or prospective purchasers within the city,

10. At the time such application is filed, the applicant shall furnish his fingerprints to the police department of this city. (Ord. 2652A § 1, 1996; Ord. 2652 § 1, 1995; Ord. 2537 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 1, 1978; Ord. 970 § 1, 1966; prior code § 18.4).

5.02.050 Issuance – Prerequisites and procedure generally.

Upon application therefor as provided in this chapter, it shall be the duty of the director of finance to prepare and issue a license pursuant to this chapter; provided, however, that the director of finance shall not issue any such license until it has been noted on the application therefor that the location of the proposed business has been reviewed by both the fire department and the planning department and any other department deemed appropriate by the finance director, and has been approved in accordance with the provisions of the building code, the zoning ordinance and any other applicable code.

The “duty” of the director of finance and other city officers, as specified above, shall not create a legal obligation, but merely means the city officer shall use reasonable efforts to ascertain that the issuance of the requested license will not result in a business operation which violates applicable local laws. The applicant for the license shall have the sole and continuing responsibility for assuring that the business operation complies with the applicable laws, including the provisions of the building and zoning ordinances. By approving and issuing a business license, the city is not certifying that the proposed business operation will in fact comply with applicable laws. (Ord. 2718 § 1, 1998; Ord. 2652A § 1, 1996; Ord. 2652 § 1, 1995; Ord. 2537 § 1, 1992; Ord. 2191 § 1, 1987; Ord. 1293 § 1, 1970; prior code § 18.5).

5.02.060 Issuance – Compliance with state and local regulations required.

No license issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business operated in contravention of any of the laws of the city or the state. An applicant for a business license shall have the responsibility for obtaining any required state license, and the issuance of a license by the city shall not relieve an applicant from obtaining any and all other permits or licenses required by state or local laws. (Ord. 2718 § 1, 1998; Ord. 2537 § 1, 1992; Ord. 1293 § 1, 1970; prior code § 18.6).

5.02.070 Issuance – Effect of prior licensing by state.

Repealed by Ord. 2718 § 1, 1998. (Prior code § 18.7).

5.02.080 Issuance – Void when.

If any city license has been issued through error, the same shall be void and of no force and effect. (Ord. 2718 § 1, 1998; prior code § 18.8).

5.02.090 Issuance – Approval of police chief required.

Licenses applied for under CVMC 5.02.040(E) shall be issued only upon written approval of the chief of police. (Ord. 2718 § 1, 1998; Ord. 1801 § 1, 1978; prior code § 18.9).

5.02.100 Denial of license – Criteria – Notice required.

The chief of police may deny the issuance of any license referred to in the preceding section to any applicant who in his reasonable discretion is not a fit and proper person to manage or conduct such business or occupation and/or if such business would be detrimental to the health, welfare or interest of the city. The director of finance shall notify the applicant of the denial of the license by delivering a notice of such denial to the applicant. Delivery of such notice may be made personally or by placing such notice in an envelope, properly addressed to such applicant, with postage prepaid, sealed and deposited in the United States mail. (Ord. 2718 § 1, 1998; prior code § 18.10).

5.02.105 Criminal conduct – Ineligibility for city licenses and permits.

A. Except as otherwise provided in this chapter, conviction (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be prima facie disqualification of an applicant for the following city licenses or permits: ambulances, amusement devices, art figure studios, auctions and auctioneers, automobiles for hire, billiards, bowling and poolhalls, cardrooms, circuses and shows, merchandise coupons, firearms sales, massage parlors, pawnbrokers, secondhand and junk store dealers, race tracks, and taxicabs.

B. The chief of police, however, may disregard such conviction if it is found and determined by the chief of police that mitigating circumstances exist. In making such determination, the chief of police shall consider the following factors:

1. The type of business license or permit for which the person is applying;

2. The nature and seriousness of the offense;

3. The circumstances surrounding the conviction;

4. The length of time elapsed since the conviction;

5. The age of the person at the time of the conviction;

6. The presence or absence of rehabilitation or efforts at rehabilitation;

7. Contributing social or environmental conditions.

C. The chief of police shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application.

D. An applicant who is disqualified for a city business license or permit under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the city manager within 10 days of the date of the notice of disqualification. The city manager shall hear and determine the appeal within 90 days after it is filed. The determination of the city manager on the appeal shall be final.

E. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the city are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this section: city manager, assistant city manager, director of finance, chief of police, and city attorney. (Ord. 1743 § 1, 1977).

5.02.110 Denial of license – Appeal – Hearing – Notice required.

In cases where a business license or zoning permit is denied, the applicant shall have the right to appeal such denial of a license to the city manager. Such appeal shall be in writing and shall be delivered to the office of the city manager within 10 days of the notice of disqualification. The city manager, or official designee, shall hear and determine the appeal within 60 days after it is filed. The hearing shall be conducted in accordance with the provisions of Chapter 1.40 CVMC. The determination of the city manager or official designee shall be final. A fee as set forth in the master fee schedule shall be imposed by the city manager as a condition to filing any appeal. The fee shall not be greater than the anticipated cost of processing and conducting the appeal, and if the appeal results in issuance of the license, the appeal fee shall be reimbursed to the applicant in accordance with the provisions of Chapter 1.40 CVMC. (Ord. 2718 § 1, 1998; prior code § 18.11).

5.02.120 Form and contents of license.

All licenses issued under and by virtue of this title and CVMC 8.20.020 and 9.13.030 shall be printed in blank form and shall set forth the name of the party to whom the license is issued, the nature of the business that he is licensed to pursue, the location of the place of business, the length of time for which the same is granted, the date of issuance, the amount of tax paid therefor, and any conditions which have been imposed by the city. Such licenses shall be issued in duplicate, the original of which is to be delivered to the licensee. (Ord. 2537 § 1, 1992; Ord. 2065 § 1, 1984; Ord. 1801 § 1, 1978; prior code § 18.12).

5.02.130 Use of fictitious name prohibited when.

No license shall be issued to any person transacting business under a fictitious name, unless an affidavit is filed in the office of the county clerk showing the true name of the owners of such business; provided, however, that such license may be issued in the true names of all the owners of such business, show, exhibition or game without the filing of such affidavit. (Prior code § 18.13).

5.02.140 Validity – License nonassignable and nontransferable.

Each license granted or issued under the provisions of this title and CVMC 8.20.020 and 9.13.030 shall authorize the licensee to transact or carry on the business or calling therein designated, and at no other place, and such license shall not be assignable or transferable. (Ord. 2537 § 1, 1992; Ord. 1801 § 1, 1978; prior code § 18.14.)

5.02.150 Change of location permitted when – Fee.

A change of location shall be allowed to the owner of any license, under the provision of this title and CVMC 8.20.020 and 9.13.030, upon the payment to the director of finance of the required fee(s) and upon the approval of the director of planning. (Ord. 2537 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 1, 1978; prior code § 18.15).

5.02.160 Posting – Required.

All licenses issued under the provisions of this title and CVMC 8.20.020 and 9.13.030 shall be posted and kept in a conspicuous place at the place of business of the licensee named therein during the period such licenses are in force and effect, except as in the chapter otherwise specifically provided. (Ord. 2537 § 1, 1992; Ord. 1801 § 1, 1978; prior code § 18.29).

5.02.170 Exhibition on demand required.

Every licensee under the provisions of this title and CVMC 8.20.020 and 9.13.030 shall produce and exhibit the license issued to such licensee whenever requested to do so by any police officer, firefighter, fire marshal, business license enforcement officer, code enforcement officer, or designee of the director of finance of the city. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; prior code § 18.30).

5.02.180 Revocation – Criteria.

Every license issued under and by virtue of the provisions of this title and CVMC 8.20.020 shall be subject to revocation by the director of finance, and such revocation shall be based upon a failure to comply with any term or terms of this code. Such revocation shall be subject to a right to appeal to the city manager or designee, using the process set forth in CVMC 5.02.110. Following such revocation, no new license shall be issued for one year from the effective date of revocation. If, subsequent to revocation, the director of finance finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the effective date of the revocation. (Ord. 2718 § 1, 1998; Ord. 2191 § 1, 1987; Ord. 1801 § 1, 1978; prior code § 18.31).

5.02.190 Interstate commerce identification card required when – Application – Contents – Fee.

None of the license taxes provided for by this title and CVMC 8.20.020 shall be so applied as to occasion an undue burden upon interstate commerce and no solicitors who are engaged in interstate commerce shall be required to obtain a license as required herein; provided, however, that all solicitors as defined in CVMC 5.02.010 are required to register with the chief of police and to obtain an identification card. Applicants for such police identification cards shall be required to furnish an application containing the following information:

A. Permanent home address and full local address of the applicant;

B. A brief description of the nature of the business and goods to be sold;

C. A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;

D. The fingerprints of the applicant;

E. A statement as to whether or not the applicant has ever been convicted of any crime or misdemeanor, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions.

The required fee(s) shall be charged by the chief of police. The identification card shall be valid for one year. (Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1961 § 1, 1982; Ord. 1801 § 1, 1978; Ord. 970 § 1, 1966; Ord. 942 § 1, 1965; prior code § 18.34).

5.02.200 Unlawful activities not authorized – Licensing prohibited.

This title and CVMC 8.20.020 shall never be construed or held as licensing or permitting the carrying on of any unlawful trade, calling, occupation, game or amusement, and every such trade, calling, occupation, game or amusement is prohibited, and no license shall be granted or issued therefor. (Ord. 1801 § 1, 1978; prior code § 18.35).

5.02.210 Certain machines and contrivances – Licensing prohibited.

Nothing in this title and CVMC 8.20.020 shall permit or authorize the issuance of a license for any machine or contrivance within the city which is prohibited under the provisions of CVMC Title 9. (Ord. 1801 § 1, 1978; prior code § 18.36).

5.02.220 Specific provisions of chapter to control.

All specific provisions of this title and CVMC 8.20.020 shall control over general provisions thereof. (Ord. 1801 § 1, 1978; prior code § 18.37).

5.02.230 Enforcement and inspection duty.

All police officers, firefighters, fire marshals, business license enforcement officers, code enforcement officers, and designees of the director of finance of the city shall have and exercise the power to enter free of charge for inspection of licenses, at any time during regular business hours, any place of business for which a license is required by this chapter, and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business, all in accord with the right-of-entry provisions at CVMC 1.16.010, and if such person shall then and there fail to exhibit such license, such person shall then be liable to the penalty provided for a violation of this chapter.

All police officers, firefighters, and fire marshals shall have and exercise the power to cause complaints to be filed in a court of competent jurisdiction against all persons violating any of the licensing provisions of this chapter. (Ord. 2718 § 1, 1998; Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; prior code § 18.38).

5.02.240 Failure to display license deemed violation.

Failure to display a license as provided in this title and CVMC 8.20.020 and 9.13.030 shall constitute a violation of this chapter. (Ord. 2537 § 1, 1992; Ord. 1801 § 1, 1978; prior code § 18.72).

Chapter 5.04
LICENSE TAXES GENERALLY

Sections:

5.04.001 Evidence of doing business.

5.04.002 New businesses – Taxes – When payable.

5.04.003 Payment of license taxes does not confer license or permit rights.

5.04.010 Rates – Generally.

5.04.015 Amounts and terms to be as provided in title – Rebates.

5.04.020 Payment – Due when – Term – Delinquent when.

5.04.025 Payment – Quarterly licenses – Method.

5.04.030 Penalties for failure to pay business license tax on or before delinquency date.

5.04.040 License tax deemed debt to city – Period – Applies to licensed and unlicensed business.

5.04.045 License tax deemed debt to city – Actions for collection.

5.04.050 Assessment error not to prevent collection of tax.

5.04.060 Revocation of license – When.

5.04.065 Revocation of license – Notice required – Hearing.

5.04.070 Collection and disposition of funds collected.

5.04.080 Payment – Waiver authorized when.

5.04.085 Promotional events and charitable organizations.

5.04.090 Duplicate licenses – Fee.

5.04.140 Rates – For new businesses with fixed location in city.

5.04.145 Rates – For off-site, multiuser hazardous waste facilities.

5.04.150 Rates – For new businesses with no fixed location in city.

5.04.160 Renewal procedure – Rates.

5.04.170 New businesses – Licensing procedure.

5.04.180 Records – Inspection required – Violation – Penalty.

5.04.001 Evidence of doing business.

When any person or firm by use of signs, circulars, cards, telephone book, or newspapers advertises, holds out, or represents that such a person is conducting a business within the city, or when any person holds an active license or permit issued by a governmental agency indicating that such person is in business within the city, or when any person indicates any other evidence of transacting and carrying on business as may be defined elsewhere herein and such person fails to deny by a sworn statement given to the director of finance that he is not conducting a business within the city, after being requested to do so, then the foregoing facts shall be considered prima facie evidence that such person is conducting a business within the city.

A license issued during any prior year to the same owner, tenant, or occupant for the same place of business shall be prima facie evidence in any court or administrative proceeding that the business was continuously operated by the same person or firm from said prior year to the current year. (Ord. 2537 § 1, 1992).

5.04.002 New businesses – Taxes – When payable.

Initial business license taxes are due and payable prior to issuance of the license for which application is made. The payment of such taxes shall not in any way constitute a right or permission to begin operations of said business. However, taxes will be refunded for any business which is denied a license and never opens for operations or conducts business within the city. (Ord. 2537 § 1, 1992).

5.04.003 Payment of license taxes does not confer license or permit rights.

Payment of business license taxes is a requirement, not a license, to transact and carry on any business activity within this city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any business license, permit, variance or other instrument of approval or evidence that any conditions exists as required by any other section of this code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord. 2537 § 1, 1992).

5.04.010 Rates – Generally.

The amount or rate of license taxes to be paid the city by any person, for transacting, engaging in, conducting, or carrying on any business, show, exhibition or game as specified in this title and CVMC 8.20.020 and 9.13.040, shall be as hereinafter provided in this title and the sections cited above. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.015 Amounts and terms to be as provided in title – Rebates.

No greater or lesser amount of money shall be charged or received for any license than is provided in this title and CVMC 8.20.020 and 9.13.030, and no license shall be sold or issued for any part of time other than is provided in this title and the sections cited above, and there shall be no rebate given for any unused portion of the term, except as in this title and the sections cited above otherwise specifically provided. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.020 Payment – Due when – Term – Delinquent when.

Except as otherwise provided in this code, all business license taxes shall be paid in advance, in lawful money of the United States, at the office of the director of finance; provided, however, that the licenses required to be paid by the provisions of this code shall be due and payable from and after the first day of January of each year. Such licenses shall be delinquent 30 days after the same are due and payable, except monthly or quarterly licenses which shall be delinquent 10 days after the same becomes due and payable. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.025 Payment – Quarterly licenses – Method.

The quarterly licenses provided in this title and CVMC 8.20.020 shall be due and payable to the city on the first days of January, April, July and October, in advance, and all such licenses shall expire with the last days of March, June, September and December of each year; provided, however, that any person desiring to do so may pay for and procure all four quarterly licenses at the time the first quarterly license becomes due and payable under the provisions of this code. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.030 Penalties for failure to pay business license tax on or before delinquency date.

A. For failure to pay a business license tax on or before the delinquency date, the director of finance shall add a penalty of 10 percent and shall add an additional penalty of 10 percent on the first day of each month thereafter; provided, that the amount of such penalty to be added shall in no event exceed 60 percent of the business license tax to which the penalty rates herein provided for have been applied.

B. The director of finance for good cause may extend for not more than 30 days the time for paying any sums required to be paid hereunder; provided, a written request therefor is filed with the director of finance prior to the delinquency date. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.040 License tax deemed debt to city – Period – Applies to licensed and unlicensed business.

Any person who shall commence, engage, transact and carry on any trade, calling, profession, occupation or business within the city without first having procured a business license from the city to do so shall be assessed taxes and penalties, which amount shall be calculated for the period beginning with the quarter in which the commencement of business activity within the city began and ending with the expiration of the current annual licensing period; provided, however, that the start of such period shall not exceed three years prior to the date of notification of violation. Such taxes and penalties are to be collected, and the amount thereof to be enforced, in the same manner as business license taxes are collected and the payment thereof enforced for licensed businesses. (Ord. 2537 § 1, 1992).

5.04.045 License tax deemed debt to city – Actions for collection.

The amount of any license tax imposed by this title and CVMC 8.20.020 and 9.13.030 shall be deemed a debt to the city, and any person, or any person as agent, clerk or employee, either for himself or for any other person transacting, engaging in or carrying on any business, show, exhibition or game hereinafter specified, without having a license from the city to do so, shall be liable to an action in name of the city, in any court of competent jurisdiction, for the amount of any delinquent license tax penalties, and administrative costs incurred in connection therewith, including attorneys’ fees. Court actions to collect license tax due are not limited to the current year’s tax, but may include any license tax that would have normally been due during the preceding three years. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.050 Assessment error not to prevent collection of tax.

In no event shall any mistake or error made by the director of finance in stating the amount of a license provided in this title and CVMC 8.20.020 and 9.13.030 prevent the collection by the city of an amount that shall be actually due from any person transacting or carrying on a business subject to a license under this title and by the section cited above. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.060 Revocation of license – When.

Any license for which license tax is due and payable and has become delinquent shall thereby be revoked without further action. No person shall engage in any business subject to be licensed under this title and CVMC 8.20.020 and 9.13.030, after such license has become delinquent. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.065 Revocation of license – Notice required – Hearing.

The director of finance shall deliver a notice in writing either personally or by mail to the person or business holding such license, stating that he or she is proposing the revocation of the license, and a brief summary of the reasons therefor. Such notice shall conform to Chapter 1.40 CVMC regarding the right to a hearing before the revocation may be made final. (Ord. 2718 § 1, 1998; Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.070 Collection and disposition of funds collected.

The director of finance shall collect all moneys specified under this title and CVMC 8.20.020 and 9.13.030 for all business license taxes and penalties and deposit these moneys into the general fund within five business days. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978).

5.04.080 Payment – Waiver authorized when.

A. The council may, at its option and good cause appearing therefor, waive the payment of any license tax and/or fee imposed by this title for the conducting or staging of any concert, exhibition, lecture or entertainment, the nature of which, in view of public morals and well-being, meets with the approval of the chief of police and council, and where the major portion of the net receipts, if any, derived therefrom are to be used solely for charitable or benevolent purposes within the city, and not for the purpose of private gain of any individuals.

B. The council may, at its option and good cause appearing therefor, waive the payment of any license tax and/or fee required by this title to be paid by any religious, charitable, fraternal, educational, military, state, county or municipal organization for the conducting or staging of any entertainment, dance, concert, exhibition or lecture, the nature of which, in view of public morals and well-being, meets with the approval of the chief of police and the council, where the major portion of the net receipts, if any, derived from any of the same are to be used wholly for the benefit of such organization, and not for the purpose of private gain of any individual.

C. In lieu of action by the city council, as set forth in subsections (A) and (B) of this section, the city manager is hereby authorized to issue a waiver of the payment of any license tax and/or fee imposed by this title and all activities for which a business license would be required by the city, when he has received evidence or other information which satisfies him that the conditions set forth in subsections (A) and (B) of this section exist, except that the city manager’s approval may be substituted for that of the city council, and when such application has received the written approval of the chief of police.

D. The applicant shall receive evidence of any such waiver granted under subsections (A), (B) and (C) of this section in such form as the city manager may from time to time determine. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.085 Promotional events and charitable organizations.

A. Notwithstanding any provision of this chapter to the contrary, the city council may waive the business license taxes and/or fees for those events of not more than three successive days that help to promote and publicize the city of Chula Vista. In addition, the city council may waive business license taxes and/or fees for nonprofit or charitable organizations.

B. For those events that the city council does not waive business license taxes pursuant to subsection (A) of this section and the event is sponsored by a nonprofit or charitable organization, the city council may allow that each participant obtain a temporary license for a tax as presently designated, or as may in the future be amended, in Section 5.04.075 of the master tax schedule in CVMC 5.07.030. Participants will have a choice of paying the event tax or obtaining an annual business license by paying the tax established by this title. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 2113 § 1, 1985).

5.04.090 Duplicate licenses – Fee.

The director of finance shall charge the required fee(s) for each duplicate of a license, issued under the provisions of this title and CVMC 8.20.020, which has been lost or destroyed. (Ord. 2537 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.140 Rates – For new businesses with fixed location in city.

For every person transacting, engaging in, conducting or carrying on any business within the city, which business has a fixed location in and is upon the tax rolls of the city, such person shall pay a business license tax as follows:

Except as otherwise provided herein and specifically enumerated, the tax shall be an amount as presently designated, or as may in the future be amended, in Section 5.04.140 of the master tax schedule in CVMC 5.07.030. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.145 Rates – For off-site, multiuser hazardous waste facilities.

A. Gross Receipts Tax Rate. The tax shall be equal to 10 percent of the facility’s annual gross receipts for the treatment, storage, or disposal of hazardous waste, except for that portion of the facility’s gross receipts which are derived from the recycling of hazardous wastes or the treatment of infectious wastes.

B. Payment Schedule. The business license tax for hazardous waste facilities shall be paid quarterly, in advance, in accordance with the specific provisions detailed under CVMC 5.04.010 and 5.04.020.

C. Gross Receipts – Basis for Calculating/Estimating Tax. The business license tax for a given calendar year after the first calendar year in which the facility carries on business shall be based on the actual amount of gross receipts received by the facility during the preceding tax year. The taxpayer shall submit to the finance director a certified statement, upon a form provided by the city, setting forth the actual amount of gross receipts, as defined herein, received for the preceding calendar year.

If the facility has not carried on business within the city for an entire calendar year preceding the tax period, the taxpayer shall estimate the tax due based on monthly or quarterly performance, and/or other relevant data; such tax, as estimated, shall be the tax due for that year. The taxpayer shall submit such information on the facility’s gross receipts as the finance director may require. The taxpayer shall furnish the finance director with a certified statement, showing the actual gross receipts earned, within 30 days after the expiration of the tax period for which the license was issued. The finance director shall, in turn, ascertain the actual amount due after deducting the amount paid at the time such license was first issued. Any adjustments shall be made within 30 days after such ascertainment.

D. Operative Date. The tax herewith levied shall apply commencing upon the date that the taxpayer is next required to obtain a business license. Nothing herein shall affect the effective date of the ordinance codified in this chapter.

E. Records Inspection. The provisions of CVMC 5.04.180, “Records – Inspection required – Violation – Penalty,” shall apply to instances where the business license tax is based on gross receipts.

F. Confidentiality of Information. It shall be a misdemeanor for the director of finance or any person having any administrative duty under the provisions of this chapter to make known any information contained in the application for license or obtained while performing the duties required under this section. Nothing in this section shall, however, be construed to prevent:

1. The disclosure of information as may be reasonably necessary in any proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayer;

2. The disclosure of the names and addresses of persons to whom licenses have been issued and the general type or nature of their business;

3. The disclosure of general statistics pertaining to groups of businesses. (Ord. 2537 § 1, 1992; Ord. 2401 § 1, 1990).

5.04.150 Rates – For new businesses with no fixed location in city.

In the event no fixed or established place of business is maintained within the city, and except as otherwise provided herein and specifically enumerated, the tax shall be:

A. For wholesalers, an amount as presently designated, or as may in the future be amended, in Section 5.04.150 of the master tax schedule in CVMC 5.07.030;

B. For retail route deliveries and retail routemen, an amount as presently designated, or as may in the future be amended, in Section 5.04.150 of the master tax schedule in CVMC 5.07.030;

C. For all other businesses, including services, except as otherwise provided herein and specifically enumerated, as presently designated, or as may in the future be amended, in Section 5.04.150 of the master tax schedule in CVMC 5.07.030;

D. Business license taxes for businesses with no fixed location within the city will be offered on an annual or quarterly basis. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.160 Renewal procedure – Rates.

A. For every person operating any business classified under CVMC 5.04.140 and 5.04.150, who is applying for a renewal of license, such licensee shall when applying pay a license tax as presently designated, or as may in the future be amended, in Section 5.04.160 of the master tax schedule in CVMC 5.07.030. Licenses for business with no fixed location within the city may be issued on a quarterly or annual basis.

B. The provisions of this section do not apply to licenses due under Chapter 5.40 CVMC. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.170 New businesses – Licensing procedure.

A. If any person commences a new business during the calendar year, his license shall be prorated on a quarterly pro rata basis for the balance of such calendar year.

B. The provisions of this section do not apply to licenses due under Chapter 5.40 CVMC. (Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

5.04.180 Records – Inspection required – Violation – Penalty.

In each and every instance where the amount of license tax to be paid by any person shall be based upon the number of employees or the amount or number of admissions, the licensee therein named shall on the request of the director of finance then and there submit for inspection to the director of finance any and all books, papers, accounts and records, including state and federal income tax returns, social security returns and state sales tax returns pertaining to the business. The license as required in this title and CVMC 8.20.020 may be based upon the amounts indicated in such books, papers, accounts and records. In the event a licensee fails to comply with the provisions of this section, such licensee shall then be liable to the penal provisions set forth in CVMC 1.20.010, and shall be liable for and shall pay an additional sum in an amount equal to 100 percent of the correct license tax, together with the correct amount of such license tax as based upon the actual number of employees for such business during the calendar year for which such license was issued. (Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978).

Chapter 5.06
DOWNTOWN IMPROVEMENT DISTRICT ASSESSMENT PAYMENTS

Sections:

5.06.010 Repealed.

5.06.020 Downtown improvement district assessment.

5.06.030 Collection of additional assessment.

5.06.040 Exempt businesses or institutions.

5.06.050 Assessment for premises with multiple business licenses.

5.06.010 Business license tax defined.

Repealed by Ord. 2408 § 1, 1990. (Ord. 1964 § 2, 1982; Ord. 1885 § 2, 1979; Ord. 1372 § 2, 1971).

5.06.020 Downtown improvement district assessment.

An additional assessment is imposed upon businesses located within said area. The additional assessment shall be as follows:

A. Class A. Professions: accountant, anesthesiologist, architect, appraiser, assayer, attorney, auditor, bacteriologist, chemist, chiropodist, chiropractor, consultant, dentist, medical doctor, engineer, entomologist, esthetician, geologist, holistic health practitioner, hypnotherapist, oculist, optician, optometrist, osteopath, pharmacist, physical therapist, physician, physiotherapist, psychiatrist, psychologist, psychotherapist, podiatrist, real estate broker, real estate salesman, roentgenologist, social worker, stock and bond broker, surgeon, surveyor, taxidermist and veterinarian. Each professional working as a sole practitioner shall pay the required assessment(s).

B. Class B. All other businesses located within the downtown parking and improvement area, known as the downtown business area, shall pay the required assessment(s).

Said additional downtown improvement district assessment shall be collected at the same time with the general business license tax. (Ord. 2537 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 2030 § 1, 1983; Ord. 1964 § 3, 1982; Ord. 1885 § 3, 1979; Ord. 1715 § 1, 1976; Ord. 1658 § 1, 1975; Ord. 1584 § 1, 1974; Ord. 1372 § 3, 1971).

5.06.030 Collection of additional assessment.

The collection of the downtown improvement district assessment proposed by virtue of this proceeding shall be made at the times set forth in this chapter and/or Chapter 2.22 CVMC and in the same manner as the ordinary business license tax of the city under the provisions of the Chula Vista Municipal Code, and such assessment proposed to be imposed under this proceeding shall be computed in the manner provided in the Chula Vista master fee schedule for each business. (Ord. 2408 § 1, 1990; Ord. 1964 § 4, 1982; Ord. 1885 § 4, 1979; Ord. 1372 § 4, 1971).

5.06.040 Exempt businesses or institutions.

The area within the district located south of H Street shall be subject to a zero assessment and shall be exempt from any additional assessment. (Ord. 2408 § 1, 1990; Ord. 1964 § 5, 1982; Ord. 1885 § 5, 1979; Ord. 1372 § 5, 1971).

5.06.050 Assessment for premises with multiple business licenses.

If more than one business is being conducted at a single address and more than one business license has been issued to the proprietor of a single business premises, the assessment for the downtown improvement district shall be levied set based on the business for which the highest assessment would be paid. (Ord. 2408 § 1, 1990; Ord. 1964 § 6, 1982; Ord. 1885 § 6, 1979; Ord. 1372 § 6, 1971).

Chapter 5.07
MASTER TAX SCHEDULE

Sections:

5.07.010 New businesses – Applicable tax rates.

5.07.020 Applicable tax rates – By year.

5.07.025 Maximum annual tax.

5.07.030 Master tax schedule.

5.07.010 New businesses – Applicable tax rates.

The applicable tax rate for a new business with five or fewer employees is detailed in CVMC 5.04.140 (for general businesses with fixed locations in the city); CVMC 5.34.020 (for manufacturers); or CVMC 5.42.010 (for professionals), except as otherwise provided for and specifically enumerated in the master tax schedule, CVMC 5.07.030. Said rate shall only be applied in the first license year of operation or part thereof; provided, that if the first license year is less than three months, new business rates shall also be applied in the following license year. (Ord. 2408 § 1, 1990).

5.07.020 Applicable tax rates – By year.

A. 1991 Calendar Year Rates. Effective January 1, 1991, the business license tax rates shall be those rates detailed in the master tax schedule, CVMC 5.07.030, in the column thereof labeled “Tax Rate: 1/1/91 – 12/31/91.”

B. 1992 Calendar Year Rates. Effective January 1, 1992, the business license tax rates shall be those rates detailed in the master tax schedule, CVMC 5.07.030, in the column thereof labeled “Tax Rate: 1/1/92 – 12/31/92.”

C. 1993 Calendar Year Rates. Effective January 1, 1993, the business license tax rates shall be those rates detailed in the master tax schedule, CVMC 5.07.030, in the column thereof labeled “Tax Rate: 1/1/93 – 12/31/93.”

D. 1994 and Subsequent Calendar Year Rates. Effective January 1, 1994, and for each calendar year thereafter, all tax rates for the categories of taxpayers detailed in the master tax schedule, including both base tax rates and add-on tax rates (e.g., rates per person, per machine, etc.), shall be increased by six percent per year above the tax rates and add-on rates applicable in the preceding year.

E. Power to Abate in 1992 and Thereafter to 1991 Floor. Notwithstanding anything else to the contrary in this section contained, commencing for the 1992 calendar year and continuing thereafter, the city council is hereby authorized for no more than one calendar year, but is not required, to lower the tax imposed by this section but to no less than taxes imposed in the 1991 calendar year.

F. Procedure to Abate. To lower the tax authorized by this section, the city council shall conduct a public hearing at which it publicly deliberates on the advisability of doing so; notice of which public hearing is published in a newspaper of general circulation at least twice, not sooner than 20 days and not later than five days prior thereto, of its intent to deliberate upon said matter. Failure to publish notice of the public hearing, as herein required, shall not affect the right of the city council to conduct the public hearing and to reduce the authorized annual rate of increase as herein imposed.

G. Nothing contained in this section shall affect the effective date of the ordinance codified in this chapter. (Ord. 2652A § 1, 1996; Ord. 2652 § 1, 1995; Ord. 2408 § 1, 1990).

5.07.025 Maximum annual tax.

Effective January 1, 1991, the maximum annual business license tax paid for any single business license shall not exceed $7,000.

Effective January 1, 1992, the maximum annual business license tax paid for any single business license shall not exceed $12,000.

Effective January 1, 1993, the maximum annual business license tax paid for any single business license shall not exceed $16,000.

Effective January 1, 1994, the maximum annual business license tax paid for any single business license shall not exceed $20,000.

Effective January 1, 1995, and each calendar year thereafter, the maximum annual business license tax shall be increased by five percent per year above the level set in January, 1994. (Ord. 2408 § 1, 1990).

5.07.030 Master tax schedule.

Section	Description	Tax Rate: 1/1/91 – 12/31/91	Tax Rate: 1/1/92 – 12/31/92	Tax Rate: 1/1/93 – 12/31/93
5.04.075	Promotional event, not more than three successive days, sponsored by nonprofit or charitable organization – Temporary one-event license	$5.00/event	$5.00/event	$5.00/event
5.04.140	New businesses with fixed locations in city, except as otherwise provided herein and specifically enumerated	If five or fewer employees: $25.00 flat rate plus any other applicable taxes for the first license year of operation or part thereof	If five or fewer employees: $35.00 flat rate plus any other applicable taxes for the first license year of operation or part thereof	If five or fewer employees: $50.00 flat rate plus any other applicable taxes for the first license year of operation or part thereof
		If more than five employees: Tax rate specified in Section 5.04.160	If more than five employees: Tax rate specified in Section 5.04.160
5.04.150	New businesses with no fixed location in city, includes: wholesalers, retail route deliveries, retail routepersons, and all other businesses, including services, except as otherwise provided herein and specifically enumerated	$52.50 base rate plus $6.50 each additional person	$79.00 base rate plus $9.75 each additional person	$105.00 base rate plus $13.00 each additional person
5.04.160	Renewal rates for businesses with fixed or no fixed location (Sections 5.04.140 and 5.04.150), unless otherwise provided herein and specifically enumerated	$52.50 base rate plus $6.50 each additional person plus other applicable taxes	$79.00 base rate plus $9.75 each additional person plus other applicable taxes	$105.00 base rate plus $13.00 each additional person plus other applicable taxes
5.08.070	Loudspeaker or other public access system	$10.00/day or portion thereof/vehicle	$10.00/day or portion thereof/vehicle	$10.00/day or portion thereof/vehicle
5.08.080	Handbill or sample distribution	$5.00/day or $25.00/quarter	$7.00/day or $35.00/quarter	$10.00/day or $50.00/quarter
5.08.090	Billboards and bill posting	$75.00/year/applicant plus $15.00/billboard exceeding two	$150.00/year/billboard	$75.00/year/billboard
5.10.230	Ambulance attendant and drivers	$5.00/year or fraction thereof/attendant/driver	$7.00/year or fraction thereof/attendant/driver	$10.00/year or fraction thereof/attendant/driver
5.12.010	Amusement arcade	$150.00/year/arcade plus $30.00/machine, pool table (Sections 5.60.010, 5.61.010)	$175.00/year/arcade plus $30.00/machine, pool table (Sections 5.60.010, 5.61.010)	$200.00/year/arcade plus $30.00/machine, pool table (Sections 5.60.010, 5.61.010)
5.13.010	Rental business – Apartments, motels, hotels	Under three units = $0 Three or more units = $12.00 base plus $1.20/unit over three	Under three units = $0 Three or more units = $12.00 base plus $1.20/unit over three	Under three units = $0 Three or more units = $12.00 base plus $1.20/unit over three
5.14.030	Art figure studio	$250.00/studio/year	$250.00/studio/year	$250.00/studio/year
5.15.010	Automobile for hire	$100.00/year/vehicle	$100.00/year/vehicle	$100.00/year/vehicle
5.18.020	Pool and billiard halls	$150.00/year/applicant plus $30.00/table, machine (Sections 5.60.010, 5.61.010)	$175.00/year/applicant plus $30.00/table, machine (Sections 5.60.010, 5.61.010)	$200.00/year/applicant plus $30.00/table, machine (Sections 5.60.010, 5.61.010)
5.20.050	Card table	$30.00/month/table; payable quarterly	$30.00/month/table; payable quarterly	$1,500/quarter/table; payable quarterly
5.22.010	Special event, includes: circus, show, concert, carnival, etc.	$250.00/day/event	$250.00/day/event	$250.00/day/event
5.26.080	Public dances	$200.00/year; payable in advance plus other applicable taxes	$200.00/year; payable in advance plus other applicable taxes	$200.00/year; payable in advance plus other applicable taxes
5.26.090	Youth dances – Adult sponsoring group permits	$15.00 – One-year permit (Class A) $5.00 – One-day permit (Class B)	$15.00 – One-year permit (Class A) $5.00 – One-day permit (Class B)	$15.00 – One-year permit (Class A) $5.00 – One-day permit (Class B)
5.32.030	Garage sale	No tax if license obtained prior to sale; $3.00 if obtained after sale	No tax if license obtained prior to sale; $3.00 if obtained after sale	No tax if license obtained prior to sale; $3.00 if obtained after sale
5.34.020	Manufacturer: New business	If five or fewer employees: $25.00 flat rate plus any applicable special taxes for the first license year of operation or part thereof If more than five employees: Tax rate specified in Section 5.34.020 – Manufacturer: Renewal rates	If five or fewer employees: $35.00 flat rate plus any applicable special taxes for the first license year of operation or part thereof If more than five employees: Tax rate specified in Section 5.34.020 – Manufacturer: Renewal rates	If five or fewer employees: $50.00 flat rate plus any applicable special taxes for the first license year of operation or part thereof If more than five employees: Tax rate specified in Section 5.34.020 – Manufacturer: Renewal rates
	Manufacturer: Renewal rates	$52.50 base rate plus $3.25/additional person	$79.00 base rate plus $4.90/additional person	$105.00 base rate plus $6.50/additional person
5.35.105	Bathhouses	$250.00/year/bathhouse	$250.00/year/bathhouse	$250.00/year/bathhouse
5.36.081	Massage parlor	$250.00/studio/location	$250.00/studio/location	$250.00/studio/location
5.38.010	Pawnbrokers, junk or secondhand dealers	$200.00/year/location	$200.00/year/location	$200.00/year/location
5.40.010	Peddler – Owning taxable property in city	$25.00/year/person	$25.00/year/person	$25.00/year/person
5.40.020	Peddler – Not owning taxable property in city	$75.00/year/person	$75.00/year/person	$75.00/year/person
5.42.010	Professional (as defined in CVMC 5.42.010(A)): New business	$25.00 flat rate plus any other applicable taxes for the first license year of operation or part thereof	$35.00 flat rate plus any other applicable taxes for the first license year of operation or part thereof	$50.00 flat rate plus any other applicable taxes for the first license year of operation or part thereof
	Professional (as defined in CVMC 5.42.010(A)): Renewal rates	$105.00/year/professional	$155.00/year/professional	$210.00/year/professional
5.46.010	Real estate salesperson	$25.00/year/person	$35.00/year/person	$50.00/year/person
5.48.060	Closing-out sale for jewelry sold at public auction	$100.00/sale	$100.00/sale	$100.00/sale
5.50.020	Trailer parks	$1.80/space – $60.00 minimum tax	$1.80/space – $60.00 minimum tax	$1.80/space – $60.00 minimum tax
5.54.020	Taxicab business	$150.00 base rate plus $25.00/year/vehicle to be operated in city – prorated to nearest quarter	$150.00 base rate plus $25.00/year/vehicle to be operated in city – prorated to nearest quarter	$150.00 base rate plus $25.00/year/vehicle to be operated in city – prorated to nearest quarter
5.60.010	Vending, weighing, music, amusement, video machine (coin- or slug-operated), news racks	$15.00/year/vending machine $0/postage machine $30.00/year/each other machine	$25.00/year/vending machine $0/postage machine $30.00/year/each other machine	$30.00/year/vending machine $0/postage machine $30.00/year/each other machine
5.61.010	Pool and billiard tables	$30.00/year/table	$30.00/year/table	$30.00/year/table
5.62.010	Vending vehicles – Nonfood stuff	$200.00/year/vehicle	$200.00/year/vehicle	$200.00/year/vehicle
5.65.010	Out-of-city delivery vehicles	$52.50 base rate plus $6.50 each additional person	$52.50 base rate plus $6.50 each additional person	$25.00/year/vehicle
8.20.020	Vending vehicles – Food stuffs (e.g., ice cream)	$200.00/year/vehicle	$200.00/year/vehicle	$200.00/year/vehicle
9.13.040	Live entertainment	$200.00/year/location	$200.00/year/location	$200.00/year/location

(Ord. 2408 § 1, 1990).

Chapter 5.08
ADVERTISING

Sections:

5.08.010 Distribution – Unlawful methods designated.

5.08.020 Distributing – On residential property – Restrictions – Registration required when.

5.08.030 Display – Vehicles with commercial signs prohibited where.

5.08.040 Display – Unlawful when.

5.08.050 Display – Permitted when.

5.08.060 Violation of CVMC 5.08.030 through 5.08.050 – Penalty.

5.08.070 Loudspeaker or other public address system – License required – Tax – Exceptions.

5.08.080 Handbill or sample distribution – License tax required.

5.08.090 Billboards and bill posting – Licensing tax required – Exemptions.

5.08.100 Vehicles primarily used for advertising purpose – Permit required – Restrictions.

5.08.010 Distribution – Unlawful methods designated.

It is unlawful for any person to distribute, scatter or dispose of any handbills or other printed or written advertising matter in the city in the following ways:

A. By handing any of the same to any person upon any street, alley or public place, unless the person expresses a willingness or desire for the same;

B. By throwing, depositing, dropping, leaving or posting any of the same upon any street, alley or public place;

C. By throwing, depositing, leaving or posting any of the same upon any private lawns, driveways, public sidewalks or upon any vacant property, unless at the time there be present a person who expresses a willingness or desire for the same;

D. By throwing, depositing, dropping, leaving or posting any commercial handbills or advertising matter in or upon any automobile or other vehicle without the consent of the owner or person in charge thereof;

E. By throwing, dropping, casting or distributing, or causing or permitting to be thrown, dropped, cast or distributed, any handbill, dodger, poster, circular, notice or other advertising matter from any aircraft while in flight over the city. (Prior code § 3.1).

5.08.020 Distributing – On residential property – Restrictions – Registration required when.

A. It is unlawful for any person, firm or corporation, or any agent or employee of any person, firm or corporation, to throw into, leave upon or scatter onto any residential property, including transient residential property such as hotels or motels, in the city, without the consent of the owner thereof or his agent, or the occupant of the private property, any newspaper, handbill, pamphlet, circular, dodger or any advertising sheet or matter devised or intended to promote any commercial or money-making activity. Such consent shall be implied unless and until the owner or his agent, or the occupant of the private property clearly indicates otherwise.

B. Any person, firm or corporation, or any agent or employee of any person, firm or corporation, throwing into, leaving upon or scattering onto any residential property, including any transient residential property such as a hotel or a motel, an above-mentioned newspaper, handbill, pamphlet, circular or dodger or advertising sheet, shall clearly indicate its name and telephone number where consent by a private property owner may be effectively revoked. Such person, firm or corporation as mentioned above shall be required to each year register with the city clerk on the appropriate forms.

C. It shall be illegal for any person, firm or corporation, or any agent or employee of any person, firm or corporation, distributing any newspaper, handbill, pamphlet, circular or dodger or advertising sheet in the city without a business license to conduct the commercial activity therein advertised. (Ord. 2570 § 1, 1993; Ord. 1358 § 1, 1971; prior code § 3.2).

5.08.030 Display – Vehicles with commercial signs prohibited where.

It is the purpose of this chapter to prohibit the use of the public streets and rights-of-way in residential areas in the city to vehicles bearing commercial advertising signs and displays or to any other means of displaying commercial signs. It is the intent of the city council to maintain the residential streets and public rights-of-way for pedestrian and vehicular traffic, to serve the residents of the city, and to restrict commercial advertising activities to the business and industrial areas of the city. (Ord. 921 § 1, 1965; prior code § 3.3(A)).

5.08.040 Display – Unlawful when.

It is unlawful for any person, association, partnership or corporation to move, place, park or stop, or cause to be moved, placed, parked or stopped, upon any street or public right-of-way in any residential area of the city any automobile, truck, motorcycle, wagon, or any other vehicle which bears or carries printed, written or pictorial advertising matter, if the primary purpose of said vehicle is the display of advertising material. No such commercial advertising display or sign shall be permitted on any portion of the public right-of-way, whether affixed to such vehicles or borne by a pedestrian walking, standing or stopped on the public sidewalk, or displayed in any other manner. (Ord. 921 § 1, 1965; prior code § 3.3(B)).

5.08.050 Display – Permitted when.

The prohibitions set forth in CVMC 5.08.030 and 5.08.040 shall not apply to any commercial vehicle used in the ordinary course of business for the purpose of transportation or delivery which displays advertising matter incidental to the use of the vehicle. (Ord. 921 § 1, 1965; prior code § 3.3(C)).

5.08.060 Violation of CVMC 5.08.030 through 5.08.050 – Penalty.

It is unlawful to fail to comply with any of the requirements of CVMC 5.08.030 through 5.08.050. (Ord. 2506 § 1, 1992; Ord. 921 § 1, 1965; prior code § 3.3(D)).

5.08.070 Loudspeaker or other public address system – License required – Tax – Exceptions.

For the operation of any vehicle containing amplifiers, phonograph, loudspeaker, microphone, broadcasting, radio, or a device for public address, and which is used for announcing or advertising upon the public streets or public grounds in the city, there shall be paid in advance to the finance officer of the city a license tax as presently designated, or as may in the future be amended, in Section 5.08.070 of the master tax schedule in CVMC 5.07.030. All religious and charitable organizations shall be exempt from payment of the above license tax and in lieu thereof shall obtain a permit from the chief of police. (Ord. 2408 § 1, 1990; Ord. 921 § 2, 1965; prior code § 3.4).

5.08.080 Handbill or sample distribution – License tax required.

For every person conducting, managing or carrying on the regular business of distributing advertising samples, handbills, dodgers or printed advertisements of any kind, or acting as an employee thereof, there shall be paid in advance to the director of finance of the city a license tax presently designated, or as may in the future be amended, in Section 5.08.080 of the master tax schedule in CVMC 5.07.030. (Ord. 2408 § 1, 1990; Ord. 1801 § 3, 1978; Ord. 921 § 2, 1965; prior code § 3.5).

5.08.090 Billboards and bill posting – Licensing tax required – Exemptions.

Every person conducting, carrying on or operating the business of bill posting or sign advertising by means of billboards, or advertising signboards, or advertising by means of posting, hanging or otherwise affixing or displaying bills, signs or other advertisements in the city, shall pay a tax presently designated, or as may in the future be amended, in Section 5.08.090 of the master tax schedule in CVMC 5.07.030. However, nothing in this section contained shall be deemed or construed to apply to owners of real estate, or other agents in advertising their property for sale or lease by means of billboards, or advertising signboards located upon the property advertised for sale or lease by such billboards or advertising signboards. (Ord. 2408 § 1, 1990; prior code § 18.48).

5.08.100 Vehicles primarily used for advertising purpose – Permit required – Restrictions.

It is unlawful for any person to operate, or cause or permit to be operated, upon or along the streets of the city any vehicle used primarily for advertising purposes, unless the operator or owner of such vehicle shall have first obtained a permit from the city engineer and then only on the days and during the hours and along such route as shall have been designated in the permit. The city engineer shall cause a copy of such permit to be filed in the office of the chief of police. Such vehicles shall be prohibited in any residential area subject to the restrictions set forth in CVMC 5.08.030 through 5.08.060. (Ord. 973 § 1, 1966; prior code § 19.16.3).

Chapter 5.09
ALCOHOLIC BEVERAGE LICENSES

Sections:

5.09.010 Determination of public convenience or necessity – Purpose and intent.

5.09.020 Determination of public convenience or necessity – Application – Fee.

5.09.030 Determination of public convenience or necessity – Procedure – Notice required.

5.09.040 Determination of public convenience or necessity – Criteria for consideration.

5.09.050 Determination of public convenience or necessity – Appeals.

5.09.060 Determination of public convenience or necessity – Appeals – City clerk duties.

5.09.010 Determination of public convenience or necessity – Purpose and intent.

State law requires that applicants for certain types of alcoholic beverage licenses obtain from local jurisdictions a determination that public convenience or necessity is served by the issuance of said license, if the subject premises is not located in an area which has an overconcentration of alcoholic beverage licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code. Where the State Department of Alcoholic Beverage Control requires a determination of public convenience or necessity, the chief of police is authorized to consider and approve, disapprove, or modify applications for this determination. (Ord. 2705 § 2, 1997).

5.09.020 Determination of public convenience or necessity – Application – Fee.

Applications for a determination of public convenience or necessity shall be made to the chief of police in writing on a form prescribed by the chief of police and shall be accompanied by data sufficient to describe the proposed operations for which the alcoholic beverage license and the determination of public convenience or necessity is required. The application shall be accompanied by a deposit as presently designated, or as may in the future be amended, in the master fee schedule. (Ord. 2705 § 2, 1997).

5.09.030 Determination of public convenience or necessity – Procedure – Notice required.

The chief of police shall post (or shall require the applicant to post) a notice of the application on the premises which is the subject of the application. The chief of police shall further provide notice of the public hearing by mailing to property owners of record and residents within 500 feet of the site which is the subject of the application. (Ord. 2705 § 2, 1997).

5.09.040 Determination of public convenience or necessity – Criteria for consideration.

Upon the conclusion of the public hearing, the chief of police may make a determination that public convenience or necessity is or is not served by the issuance of an alcoholic beverage license. The chief of police may condition a determination of public convenience or necessity. This decision may be based upon, but not limited to, the following factors:

A. History of the subject business and/or owner.

B. Existing conditions at the site or in the vicinity (e.g., potential for creation of a police problem or aggravation of an existing problem).

C. The crime rate within the vicinity of the application. (Ord. 2705 § 2, 1997).

5.09.050 Determination of public convenience or necessity – Appeals.

The applicant or other interested party may appeal the decision of the chief of police to the city council within 10 days after said decision is filed with the city clerk. Said appeal shall be in writing and filed with the city clerk upon forms provided by the police department, and shall specify the reasons the appellant believes there was an error in the decision of the chief of police. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the city council. (Ord. 2705 § 2, 1997).

5.09.060 Determination of public convenience or necessity – Appeals – City clerk duties.

Upon the filing of the appeal, the city clerk shall set the matter for public hearing, giving the same notice as required in CVMC 5.09.030. The city clerk shall send the chief of police a duplicate copy of the appeal and request the chief of police to transmit to the city council a copy of his decision and findings, minutes of any hearings, and all other evidence, maps, papers, and exhibits upon which the chief of police made his decision. (Ord. 2705 § 2, 1997).

Chapter 5.10
AMBULANCES*

Sections:

5.10.010 Definitions.

5.10.020 Certificate – Required – Exemptions.

5.10.030 Certificate – Application required – Contents.

5.10.040 Repealed.

5.10.050 Certificate – Granting by city council when – Public hearing.

5.10.060 Investigation – Criteria – Report required.

5.10.070 Certificate – Grounds for denial.

5.10.080 Ambulance – Mechanical requirements – Inspection required.

5.10.090 Ambulance – Equipment required.

5.10.100 Ambulance – Name of company to be displayed how.

5.10.110 –

5.10.170 Repealed.

5.10.180 Certificate – Nontransferability.

5.10.190 Ambulance – Sale or transfer – Issuance of new certificate when.

5.10.200 Ambulance – Destruction – Issuance of new certificate when.

5.10.210 Report of changes affecting certification required when.

5.10.220 Certificate – Surrender following suspension or revocation.

5.10.230 License tax.

5.10.240 Ambulance – Inspection required.

5.10.250 Insurance requirements.

5.10.260 Certificate – Issuance prerequisites.

5.10.270 Certificate – Suspension and revocation – Authority.

5.10.280 Certificate – Suspension and revocation – Hearing.

5.10.290 Certificate – Suspension and revocation – Disposition following hearing.

5.10.300 Certificate – Reissuance after revocation.

5.10.310 Emergency services – Intent and purpose.

5.10.320 Emergency services – Regulations and limitations.

5.10.330 Emergency services – Selection of operator – Procedure.

5.10.340 Emergency services – Rate schedules to be filed.

5.10.350 Violation – Penalty.

* For statutory provisions concerning ambulance licenses and permits, see Veh. Code § 2500, et seq.; for provisions concerning municipal ambulance contracts, see Gov. Code § 38794; for provisions concerning community ambulance service districts, see Gov. Code § 61600.

5.10.010 Definitions.

For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “Ambulance” means any privately owned vehicle used for the transportation of wounded, injured or sick persons, on a for-hire basis, which is operated on or over the streets of the city;

B. “Ambulance driver” means any person in charge of or operating any ambulance, as herein defined, either as agent, employee, or otherwise of owner; as owner; or under the direction of the owner as herein defined;

C. “Ambulance owner” means any person, firm or corporation having use or control of any ambulance as herein defined, whether as owner, lessee or otherwise;

D. “Certificate” means a certificate of public convenience and necessity;

E. “Street” means any place commonly used for the purpose of public travel within the city. (Ord. 886 § 1, 1964; prior code § 31.50).

5.10.020 Certificate – Required – Exemptions.

No person shall engage in the business of operating an ambulance or ambulances for profit on a for-hire basis within the city without first having obtained a certificate of public convenience and necessity from the council of the city; provided, however, that ambulances conveying emergency medical transportation teams for the handling of urgent special medical cases shall be exempt from the said requirement. Such ambulances which are necessary for the handling of such cases shall be manned by a team including a medical doctor. It shall be required that any such ambulance providing a medical team shall advise the police department prior to their operation in the city that such a unit is entering the city and properly identify it so that there will be no stopping of such vehicles by units of the police department. Such an ambulance service shall be subject to a business license tax as provided in this title. (Ord. 2408 § 1, 1990; Ord. 1374 § 1, 1971; Ord. 886 § 1, 1964; prior code § 31.51).

5.10.030 Certificate – Application required – Contents.

All persons applying to the city council for a certificate for the operation of one or more ambulances shall file with the council a sworn application therefor on forms provided by the council and containing information as follows:

A. The name of the applicant and trade name, if any, under which he intends to conduct his business; and if the applicant be a partnership, the name of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; and if the applicant be a corporation, the name of the corporation and the name of each of its officers, directors and stockholders;

B. The business address and residence address of the applicant; and if the applicant be a partnership, the business address of the partnership and the residence address of each partner thereof, whether he be a limited or general partner; and if the applicant be a corporation, the address of the corporation and the residence address of each one of its officers, directors and stockholders;

C. The number of ambulances actually owned and/or leased, and the number of ambulances actually operated by such applicant on the date of application, if any;

D. A description of each such ambulance, including the make, model, year of manufacture, and license number by the state of California;

E. The location or station address of each such ambulance;

F. A photograph of each such ambulance, the photograph having dimensions of at least eight inches by 10 inches and showing a lengthwise view of such ambulance;

G. A description of the proposed color scheme, insignia, trade style and/or any other distinguishing characteristics of the proposed ambulance design;

H. Such other information as the council may, in its discretion, require. (Ord. 886 § 1, 1964; prior code § 31.51.1).

5.10.040 Certificate – Investigation fee required.

Repealed by Ord. 2506 § 1, 1992. (Ord. 2408 § 1, 1990; Ord. 886 § 1, 1964; prior code § 31.51.2).

5.10.050 Certificate – Granting by city council when – Public hearing.

No certificate shall be granted until the city council shall declare by resolution that the public convenience and necessity require the proposed ambulance service.

In determining whether the public convenience and necessity require the operation of an ambulance or ambulances for which an application is made, the council shall hold such public hearings as may be necessary to determine that fact. (Ord. 886 § 1, 1964; prior code § 31.51.3).

5.10.060 Investigation – Criteria – Report required.

Before any application is acted upon, the chief administrative officer shall cause an investigation to be made and shall report his findings in writing to the council on the following:

A. The demand of the public for ambulance service or additional ambulance service;

B. The adequacy of existing ambulance service;

C. The financial responsibility and experience of the applicant;

D. The compliance or noncompliance of the applicant with the provisions of CVMC 5.10.080 through 5.10.100;

E. Such other relevant facts as the city council may deem advisable or necessary. (Ord. 886 § 1, 1964; prior code § 31.51.4).

5.10.070 Certificate – Grounds for denial.

The following shall be prima facie grounds for denial of a certificate, as required by CVMC 5.10.020:

A. The applicant or one of the partners, if the applicant be a partnership, or one or more of the officers of the corporation, if the business be a corporation, or one or more of the directors or of the stockholders, if the policy of such corporation will be directed, controlled or managed by any stockholder or stockholders, has been convicted of a felony or crime involving moral turpitude in this state or in any other state or jurisdiction, unless at least two years shall have elapsed since his discharge from a penal institution or probation or concluded parole, during which period of time his record shows there is no evidence of the probable commission of other felonies or crimes involving moral turpitude;

B. The applicant or one of the partners, if the applicant be a partnership, or one or more of the officers, directors or stockholders of the corporation, if the business be a corporation, has an existing proprietary interest in an ambulance business for which a certificate of public convenience and necessity, as described in CVMC 5.10.020, has been issued or applied for;

C. The ambulance or ambulances for which such certificate is applicable appear to be unsafe, inadequate or improperly equipped as required herein;

D. The existing ambulance service, available to the public within the city, is adequate to meet the public demand for such service;

E. The applicant is unable to establish a degree of financial responsibility required herein;

F. The applicant is unable to demonstrate the extent of experience in the operation of ambulances required herein;

G. The applicant has failed to otherwise comply with all the requirements of this chapter pertaining to ambulances prior to the commencement of operation of the proposed service. (Ord. 886 § 1, 1964; prior code § 31.51.5).

5.10.080 Ambulance – Mechanical requirements – Inspection required.

Each ambulance to be operated under a certificate of public convenience and necessity as described herein shall be safe, adequate and mechanically sound. Such condition shall be evidenced by a report of inspection satisfactorily passed in all respects for said ambulance, issued by an inspection station duly authorized for such purpose by the state of California. For the purposes of this section, such inspection must have been made within 30 days of the application referred to in CVMC 5.10.020. For the purposes of this section, no ambulance shall be considered safe, adequate or mechanically sound which is older than 10 years, counting the year of chassis manufacture as the first year. The body of each such ambulance shall be so designed and constructed as to accommodate the driver and an attendant in the front or the driver’s compartment, and accommodation for at least two stretcher patients and an attendant in the rear or passenger compartment, with such additional space provided as is required for the necessary equipment as set forth in this chapter. (Ord. 886 § 1, 1964; prior code § 31.52).

5.10.090 Ambulance – Equipment required.

No certificate shall be issued unless and until the chief of police or his designated officer or agent has determined upon personal inspection that each one of the ambulances to be operated under the certificate contains all of the following equipment:

A. Emergency lighting, siren and other equipment authorized and prescribed by the California Vehicle Code for such ambulance;

B. Resuscitator unit and inhalator with airways, masks and resuscitubes in both adult and child sizes; aspirators adequate for use on both adults and children;

C. One blanket for each stretcher, and one spare blanket;

D. Emesis basin;

E. Heaters for all compartments;

F. Fire extinguisher (CO-2 or dry chemical);

G. Flashlight and flares;

H. First-aid kit;

I. One set of leather restraints (wrist and feet), and two sets of cloth restraints (wrist and feet);

J. Splints, including two Thomas half-ring, three small arm and at least three leg splints;

K. Safety belts for driver and attendant and for all stretchers;

L. Three complete sets of linen;

M. Equipment for the administration of oxygen for a minimum period of 45 minutes, with masks, nasal inhalators and regulators for both children and adults;

N. Spare wheel and tire, jack and lug wrench;

O. All authorized and prescribed equipment required for vehicles of such class by the California Vehicle Code;

P. A rate schedule for services posted, in a conspicuous place in each ambulance. (Ord. 886 § 1, 1964; prior code § 31.52.1).

5.10.100 Ambulance – Name of company to be displayed how.

Each ambulance shall have painted, in a conspicuous place on the rear panel of such ambulance, the following:

A. The company’s name as it appears on the certificate, painted in not less than one and one-half-inch letters;

B. The certificate number, in not less than one-half-inch letters. (Ord. 886 § 1, 1964; prior code § 31.52.2).

5.10.110 Driver’s license – Required for driver and attendants.

Repealed by Ord. 2506 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53).

5.10.120 Driver’s license – Application.

Repealed by Ord. 2506 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.1).

5.10.130 Driver’s license – Grounds for denial.

Repealed by Ord. 2506 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.2).

5.10.140 Driver’s license – Issuance – Period of validity.

Repealed by Ord. 2506 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.3).

5.10.150 Driver’s license – Grounds for suspension, revocation or nonrenewal.

Repealed by Ord. 2506 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.4).

5.10.160 Training to be kept current.

Repealed by Ord. 2506 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.5).

5.10.170 Personnel required for operation.

Repealed by Ord. 2506 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.6).

5.10.180 Certificate – Nontransferability.

Each certificate issued pursuant to CVMC 5.10.020 through 5.10.070 shall be separate and distinct from all others and shall not be transferable from the person, firm or corporation to whom issued to any other person, firm or corporation. (Ord. 886 § 1, 1964; prior code § 31.54).

5.10.190 Ambulance – Sale or transfer – Issuance of new certificate when.

Whenever an owner sells or transfers title to, or assigns the lease of or subleases, an ambulance or ambulances, and within 30 days after such sale, transfer, assignment or sublease, purchases or leases another ambulance or a like number of other ambulances, then said owner shall, as a matter of right, upon written application to the chief administrative officer within 30 days of such purchase or lease, be issued a new certificate for the operation of no greater number of ambulances than those operated prior to the sale, transfer, assignment or sublease; and provided, said owner has complied with all the provisions of this chapter relating to ambulances. (Ord. 886 § 1, 1964; prior code § 31.54.1).

5.10.200 Ambulance – Destruction – Issuance of new certificate when.

Any owner whose ambulance or ambulances have been destroyed, voluntarily or otherwise, shall as a matter of right, upon written application to the chief administrative officer within 30 days after such destruction, and upon satisfactory evidence presented therewith of such destruction, be issued a new certificate for the operation of no greater number of ambulances than those operated prior to the destruction of any ambulance or ambulances; provided, said owner has complied with all the provisions of this chapter relating to ambulances. (Ord. 886 § 1, 1964; prior code § 31.54.2).

5.10.210 Report of changes affecting certification required when.

Every owner shall report any change in the information required by CVMC 5.10.020 through 5.10.070 to the city manager within five days after the change has occurred. (Ord. 2408 § 1, 1990; Ord. 886 § 1, 1964; prior code § 31.54.3).

5.10.220 Certificate – Surrender following suspension or revocation.

Whenever a certificate has been suspended or revoked by the city council, the owner of the ambulance or ambulances for which such certificate was issued shall forthwith surrender such certificate to the city manager, and the operation of such ambulance or ambulances shall cease. (Ord. 2408 § 1, 1990; Ord. 886 § 1, 1964; prior code § 31.54.4).

5.10.230 License tax.

Every person engaged in the occupation of driving or serving as attendant of any ambulance shall pay a license tax as presently designated, or as may in the future be amended, in Section 5.10.230 of the master tax schedule in CVMC 5.07.030. (Ord. 2408 § 1, 1990; Ord. 886 § 1, 1964; prior code § 31.55).

5.10.240 Ambulance – Inspection required.

The chief of police of the city or any officer designated by him is authorized and empowered to inspect any ambulance for the purpose of ascertaining whether the provisions of CVMC 5.10.080 through 5.10.100 are being observed and complied with. No person shall obstruct or interfere with any such inspection. (Ord. 886 § 1, 1964; prior code § 31.55.1).

5.10.250 Insurance requirements.

No person shall own, operate or direct the operation of any ambulance unless there shall be filed with the city clerk a policy of insurance executed and delivered by a company authorized to carry on an insurance business in the state of California, by the terms of which said insurance company assumes responsibility for death or injuries to persons or damage to property caused by the operation of said ambulance in the following amounts:

A. Property damage in any one accident: $50,000;

B. Death or injury to any one person in any one accident: $100,000;

C. Death or injury to any two or more persons in any one accident: $300,000. (Ord. 886 § 1, 1964; prior code § 31.55.2).

5.10.260 Certificate – Issuance prerequisites.

No certificate shall be issued for the operation of any ambulance or ambulances, as required in this chapter, unless and until the ambulance owner concerned shall have fully complied with all the applicable provisions and requirements thereof relative to the ambulances. (Ord. 886 § 1, 1964; prior code § 31.56).

5.10.270 Certificate – Suspension and revocation – Authority.

The city council shall have the power to suspend any certificate upon receipt of information indicating that the ambulance owner concerned is not complying fully with all the applicable provisions of this chapter relative to ambulances. (Ord. 886 § 1, 1964; prior code § 31.56.1).

5.10.280 Certificate – Suspension and revocation – Hearing.

Whenever the city council shall suspend the certificate for an ambulance or ambulances, as provided in this chapter, the owner of said ambulance or ambulances shall have a right to a hearing before the council to determine whether such suspension shall be continued or terminated. (Ord. 886 § 1, 1964; prior code § 31.56.2).

5.10.290 Certificate – Suspension and revocation – Disposition following hearing.

Upon the conclusion of such hearing, the council may, based upon its findings, terminate such suspension and restore the certificate or continue such suspension for a time certain and so specified, or in the alternative, may revoke such certificate. (Ord.