Chapter 5.08
BUSINESS LICENSE FEES

Sections:

5.08.010    Application of provisions.

5.08.020    Advertising.

5.08.030    Amusement rides.

5.08.040    Auctioneers.

5.08.050    Auction houses.

5.08.060    Automobile agencies.

5.08.070    Automobile wrecking yards.

5.08.080    Bankrupt, fire and closing-out sales.

5.08.090    Barber shops.

5.08.100    Bath and massage parlors.

5.08.110    Beauty shops.

5.08.120    Bowling lanes.

5.08.130    Boxing and wrestling arenas.

5.08.140    Cabarets, cafes and restaurants.

5.08.150    Catering trucks – Lunch wagons.

5.08.160    Christmas trees and specialties.

5.08.170    Circuses and carnivals.

5.08.180    Contractors.

5.08.190    Dances – Dancehalls.

5.08.195    Film production.

5.08.200    Gardening maintenance and/or services.

5.08.210    Gymnasiums.

5.08.220    Hospitals, sanitariums and rest homes.

5.08.230    Hotels and motels.

5.08.240    Junk collectors.

5.08.250    Junk dealers.

5.08.260    Cleaning, dyeing, laundries and towel and linen supply.

5.08.270    Manufacturing.

5.08.280    Oil well drilling.

5.08.290    Peddling at retail, canvassing and soliciting.

5.08.300    Peddling from vehicles.

5.08.310    Poolrooms, billiards and social clubs.

5.08.320    Private detectives and patrol services.

5.08.330    Private playgrounds.

5.08.340    Professions and services.

5.08.350    Residential property rentals and lodging houses.

5.08.355    Nonresidential property rentals.

5.08.360    Rubbish collection.

5.08.370    Selling and distributing certain commodities over a regular route.

5.08.380    Shooting galleries.

5.08.390    Skating rinks.

5.08.400    Sound or music devices.

5.08.410    Sports stadiums.

5.08.420    Swap meets.

5.08.430    Taxicabs.

5.08.440    Theaters, shows and entertainments.

5.08.450    Trailer parks.

5.08.460    Transfer, moving and trucking.

5.08.470    Truck delivery.

5.08.480    Vending machines.

5.08.490    Warehousing.

5.08.500    Wholesale sales.

5.08.510    Retail and miscellaneous sales.

5.08.520    Telephone companies.

5.08.530    Newsracks.

5.08.010 Application of provisions.

The amount of license fees to be paid to the city by any person engaging in or carrying on any business or profession designated by this chapter is fixed and established as provided in this chapter, and such license fee shall be paid by every person engaging in or carrying on any business or profession in the city. (Prior code § 6-1.201)

5.08.020 Advertising.

License fees for advertising shall be as follows:

A. For advertising by means of sound trucks, portable loudspeakers or sound producing apparatus or equipment, ten dollars per day; provided, however, a permit as to the type of advertising and hours when speakers may be operated shall first be procured from the chief of police;

B. For advertising by means of portable signs mounted on wagons or vehicles when not in connection with any business licensed pursuant to the provisions of subsection A of this section, five dollars per day;

C. For advertising by means of portable searchlights, arc lights, or light producing apparatus or equipment, ten dollars per day or fifty dollars per year; provided, however, when such portable searchlights, arc lights, or light producing apparatus or equipment is owned by an established business licensed by the city desirous of using the same for its own purposes in connection with its own business, such lights may be used without a fee;

D. For advertising by posting, sticking, affixing or painting bills, posters or signs to or upon posts, fences, billboards, advertising signboards, buildings or other structures, seventy-five dollars per year; and

E. For the distribution of advertising handbills in residential areas pursuant to a special permit first had and obtained pursuant to the provisions of Section 5.04.160, one hundred dollars per year. (Prior code § 6-1.202)

5.08.030 Amusement rides.

A. An amusement ride shall not be made available for operation without a license. The license shall be obtained by the owner of the ride. One license may be obtained by one applicant for more than one ride or location.

B. A license fee shall be paid based upon the annual gross receipts as set forth in Section 5.08.510.

C. The ride shall not be placed as to obstruct vehicular or pedestrian traffic. (Prior code § 6-1.204)

5.08.040 Auctioneers.

License fees for every person engaged in the business of an auctioneer shall be seventy-five dollars per year. No license fee, or portion thereof, paid to the city under the provisions of this section shall be refundable.

Any merchant within the city who desires to dispose of his entire stock of goods at public auction may do so without securing a license or paying the fee required by this section if such merchant has continuously engaged in business in the city for a period of one year next preceding the date of the opening of such auction and if such auction does not continue for a longer period than thirty days after the date of the opening thereof.

The provisions of this section shall not be construed to apply to any public officer selling any goods, wares or merchandise under or pursuant to any order of any court, commission or other legal authority. (Measure A § 7, 2001; prior code § 6-1.205)

5.08.050 Auction houses.

A. License Fee. License fees for every person engaged in the business of conducting an auction house shall be five hundred dollars per year.

B. Permit Required. Any person commencing or conducting an auction house business shall first obtain a permit from the community development director in accordance with the provisions of Section 5.04.160 of this Code. A background check shall be conducted on the applicant. All individuals employed at the business shall be fingerprinted and photographed by the Gardena police department.

C. Bond. No auction house license shall be issued or renewed by the license collector unless there is on file with the license collector a surety bond, in the principal sum of two thousand dollars, which bond has been approved by the mayor as to sufficiency and by the city attorney as to form, and which has been executed as surety by a good and sufficient corporate surety authorized to do surety business in the state and as principal by the applicant for such license, indemnifying any person against any loss through fraud or misrepresentation. Any person licensed by the state and having deposited a bond with the state shall not be required to file a bond with the license collector; provided, however, in such case the license collector shall make a record of the expiration date of the state bond and note the expiration date on the city license. Any city license for an auction house shall be revoked automatically whenever either such bond becomes ineffective for any reason unless the principal shall file a new surety bond in compliance with the provisions of this section prior to the date such bond may become ineffective. (Ord. 1726 § 28 (part), 2011; Ord. 1601 § 5, 2000; prior code § 6-1.206)

5.08.060 Automobile agencies.

A. License Fee. Every person engaging in, conducting or carrying on the business of selling new or used motor vehicles, new or used automobiles, trucks or tractors, and other motor vehicles defined in Section 415 of the Motor Vehicle Code of the state and engaging in, conducting, or carrying on any service in connection with the same shall pay a license fee based upon annual gross receipts and prescribed as follows:

1. For the first fifty thousand dollars, the sum of eighty-five dollars; and

2. For each additional one thousand dollars, or fraction thereof, of retail sales above the base of fifty thousand dollars, the sum of twenty-five cents.

The burden of proving that a sale of a motor vehicle is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale and is able to supply the resale number.

B. Bond. Before such license shall be issued, the licensee shall file with the license collector a bond in favor of the city, and/or any person aggrieved, executed and acknowledged by the licensee as principal and by a corporation licensed by the Insurance Commission of the state to transact the business of fidelity and surety insurance, and no license or permit shall be granted to any person until such a bond, in a form approved by the city attorney, has been so filed. The bond shall be joint and several, and the penalty thereof shall be two thousand five hundred dollars and shall be conditioned to be paid to the city, and/or any person aggrieved, insuring them against any loss or damage which may result to any person from any transaction involving a used motor vehicle through failure by the licensee to deliver a clear title to any person legally entitled thereto within thirty days after final payment has been made. Such bond shall not be required if the applicant can produce a bond in the amount of at least two thousand five hundred dollars as authorized by the state. Such bond shall not be void upon the first recovery but may be sued and recovered upon from time to time by any person aggrieved until the whole penalty is exhausted.

C. Trade-in Credits. For the purposes of this section, amounts allowed as bona fide credits for used vehicles traded in on the sales price of new or used vehicles shall not be included in gross receipts.

D. Advertising Restrictions. Every licensee shall be responsible for the accuracy and truthfulness of his advertising, whether such advertising was placed by his employees or by himself. No person shall advertise that he has for sale any used motor vehicle which is not actually for sale at the premises at the time the advertisement is inserted in the newspaper or medium.

Within twenty-four hours after any used motor vehicle which has been advertised for sale has been sold, the permittee shall withdraw or cancel any advertisement relative to such motor vehicle.

In advertising a used motor vehicle for sale, the year, make, model, correct and complete license plate number and the motor number or other identifying number of the vehicle required by the Department of Motor Vehicles of the state for registration purposes shall be set forth. If a price is set forth in the advertisement, such price shall be the full and correct price to which no other charges may be added, except for sales tax, license transfer fee, finance and insurance costs.

If a down payment is referred to in the advertisement, the full and correct amount of the down payment required shall be set forth in the advertisement.

E. Documents of Sale. Every document relating to the sale of a used motor vehicle shall be in writing, completely filled out, have no blank space, and shall contain all of the agreements between the buyer and seller. The documents shall be signed by the buyer and seller or their authorized representatives. When so executed exact copies of the documents shall be delivered by the seller to the buyer at the time of execution thereof, and no used motor vehicle shall be delivered to the buyer prior thereto.

Every conditional sale contract for the sale of a used motor vehicle shall recite the following separate items in the following order:

1. The cash price of the personal property described in the conditional sale contract;

2. The amount of the buyer’s down payment, whether made in cash or represented by the net agreed value of described property traded in, or both, together with a statement of the respective amounts credited for cash and for such property;

3. The amount unpaid on the cash price, which is the difference between the amounts in subdivisions 1 and 2 of this subsection;

4. The cost to the buyer of any insurance, the premium for which is included in the contract balance;

5. A description and itemization of amounts, if any, which will actually be paid by the seller or his assignee to any public officer as fees in connection with the transaction, which amounts are included in the contract balance;

6. The amount of the unpaid balance, which is the sum of subdivisions 3, 4 and 5 of this subsection;

7. The amount of the time price differential;

8. The contract balance owed by the buyer to the seller, which is the sum of subdivisions 6 and 7 of this subsection; and

9. The number of installments required to pay the contract balance, the amount of each installment, and the date for the payment of the installments. (Prior code § 6-1.207)

5.08.070 Automobile wrecking yards.

A. License Fee. License fees for automobile wrecking yards shall be based upon the annual gross receipts as prescribed in subsection A of Section 5.08.510.

B. Permit Required. Any person commencing or conducting an automobile wrecking yard business shall first obtain a permit from the community development director in accordance with the provisions of Section 5.04.160 of this Code. A background check shall be conducted on the applicant. The permit under this section shall be in addition to the conditional use permit which is required pursuant to Section 18.36.030 A. of this Code. All individuals employed at the business shall be fingerprinted and photographed by the Gardena police department and shall pay a fee therefore in an amount set by resolution of the city council. (Ord. 1726 § 28 (part), 2011; Ord. 1601 § 6, 2000; prior code § 6-1.208)

5.08.080 Bankrupt, fire and closing-out sales.

A. License Fee. License fees for bankrupt, fire, and closing-out sales shall be two hundred dollars ($200) per year.

B. (Deleted).

C. (Deleted). (Ord. 1601 § 8, 2000; prior code § 6-1.209)

5.08.090 Barber shops.

License fees for barber shops shall be based on the schedule contained in Section 5.08.510. (Measure A § 8, 2001; prior code § 6-1.210)

5.08.100 Bath and massage parlors.

License fees for every massage parlor, bath parlor or massage and bath parlor shall be based upon the schedules set forth in Section 5.08.340; provided, however, nothing contained in this section shall be construed as dispensing with the necessity of procuring any permit to conduct, manage or carry on any such business under any other law, rule or regulation of the city or of the council relating to any such business prior to the issuance of a license pursuant to the provisions of this chapter. (Prior code § 6-1.211)

5.08.110 Beauty shops.

License fees for beauty shops shall be based on the schedule contained in Section 5.08.510. (Measure A § 9, 2001; prior code § 6-1.212)

5.08.120 Bowling lanes.

A. License Fees. License fees for bowling lanes shall be based upon the annual gross receipts as set forth in subsection A of Section 5.08.510.

B. Sales Within Establishments. A license granted pursuant to the provisions of this section shall not include the right to conduct a cafe, restaurant, lunch counter, refreshment or confectionery stand or other type of concession or activity, including the sales of bowling equipment, incidentals or accessories. If such concession or activity is contemplated, a separate license shall be obtained for each such concession or activity pursuant to the provisions of Section 5.08.510. (Ord. 1601 § 9, 2000; prior code § 6-1.213)

5.08.130 Boxing and wrestling arenas.

A. License Fees. License fees for boxing and wrestling arenas, which shall include the conducting therein of shows, events and exhibitions, shall be five hundred dollars per year.

B. Permit Required. Prior to any boxing or wrestling match taking place, the operator of such match shall first obtain a permit from the community development director in accordance with the provisions of Section 5.04.160 of this Code.

C. Sales Within Establishment. A license granted pursuant to the provisions of this section shall not include the right to conduct a cafe, restaurant, lunch counter, refreshment or confectionery stand or other type of concession, and a separate license shall be obtained pursuant to the provisions of Section 5.08.510 for any such cafe, restaurant, lunch counter, refreshment or confectionery stand or other type of concession. (Ord. 1726 § 28 (part), 2011; Ord. 1601 § 10, 2000; prior code § 6-1.214)

5.08.140 Cabarets, cafes and restaurants.

A. License fees for cabarets, cafes, restaurants and establishments shall be based on the annual gross receipts as set forth in the schedule in section 5.08.510 of this Code regardless of whether entertainment or dancing is permitted.

B. Permit Required. Any person commencing or conducting a place of business where entertainment is provided or where the patrons are permitted to dance shall first obtain an entertainment permit in accordance with the provisions of Chapter 5.32 of this Code. The permit required by Chapter 5.32 is in addition to any conditional use permit that may be required for alcohol service in such businesses.

C. Charitable Organizations. Entertainment shall also include a fashion show or style show, except when conducted by a bona fide nonprofit corporation or organization as a part of the social activities of such corporation or organization, and except when such fashion show is conducted solely as a fund-raising activity for charitable purposes, and for which a permit shall be first had and obtained from the council upon such terms and conditions as the council may impose.

D. In cafes, restaurants and other establishments where dancing or entertainment is not permitted, and where there may be musicians who furnish music only, a sign shall be conspicuously posted containing the wording, “No Dancing Permitted, Gardena Municipal Code § 5.08.140.” (Measure A § 10, 2001; Ord. 1601 § 11, 2000; prior code § 6-1.215)

5.08.150 Catering trucks – Lunch wagons.

License fees for carrying on the business of catering trucks or lunch or refreshment wagons in or upon any public street or upon any unenclosed area, vacant lot or parcel of land shall be seventy-five dollars per year per vehicle. (Prior code § 6-1.215.1)

5.08.160 Christmas trees and specialties.

License fees for Christmas tree sales and/or Christmas specialties shall be based upon the annual gross receipts as set forth in subsection A of Section 5.08.510; provided, however, the provisions of this section shall not apply to the owners of established places of business within the city licensed by this chapter. In such cases where sales of Christmas trees and/or Christmas specialties are made from such licensed business by the licensee, no further license need be secured and the license fee provided for by this section shall not be paid. (Prior code § 6-1.216)

5.08.170 Circuses and carnivals.

A. License fees for circuses and/or carnivals shall be one hundred dollars per day.

B. Permit Required. Prior to operating any circus or carnival, a permit shall first be obtained from the City Council in accordance with the provisions of Section 5.04.160 of this Code. The application shall be filed no later than thirty-five days prior to the scheduled event. No background check shall be required of the applicant. A list of all employees and their date of birth shall accompany the application. Additionally, a temporary use permit shall be required pursuant to Chapter 18.60 of this Code for any circus or carnival which lasts more than three days. (Ord. 1601 § 12, 2000; prior code § 6-1.217)

5.08.180 Contractors.

A. General Contractors.

1. Any person commencing or engaging in the business or acting in the capacity of a general building or engineering contractor (B-1 or A, as licensed by the state) within the city shall pay to the city an annual license fee of one hundred fifty dollars and, in addition thereto, shall pay, as part of the business license, a job fee of one dollar per one thousand dollars of the total building contract. The job fee shall be paid at the same time the building permit fee is paid and the building permit is issued.

2. Each general building or engineering contractor shall furnish the license collector with a list of each subcontractor under his control or direction before the final inspection on any building or structure shall be given by the development services department.

B. Subcontractors. Every person engaged in a business or acting as a subcontractor (C-2, C-4, C-6, C-8, C-9, C-11, C-12, C-15, C-16, C-17, C-20, C-21, C-23, C-26, C-27, C-29, C-33, C-35, C-38, C-39, C-42, C-43, C-45, C-50, C-51, C-53, C-54, C-55, C-57, C-60, C-61 and other classifications established by the State Contractors Board) shall pay to the city an annual license fee of seventy-five dollars.

C. Plumbing Contractors. Every person engaged in the business of plumbing (C-36) shall pay to the city an annual license fee of seventy-five dollars.

D. Electrical Contractors. Every person engaged in the business of electrical contractor (C-10) shall pay to the city an annual license fee of seventy-five dollars.

E. Owner-Builders. A business license shall be required of every person acting as an owner-builder who builds any building, structure, shop, store or apartment for rent, lease, or sale, and he shall pay the license tax as herein provided. The provisions of this section shall not apply to an owner of property building or improving structures thereon for the exclusive occupancy of such owner-builder and not offered for sale, lease or rent. (Measure A § 11, 2001; prior code § 6-1.219)

5.08.190 Dances – Dancehalls.

A. Permit Required. Any person commencing or conducting a place of business where dancing and/or a dancehall is the primary object and purpose of the business shall first obtain a permit from the City Council in accordance with the provisions of Section 5.04.160 of this Code. A background check shall be required of the applicant. The permit set forth in this section is in addition to the conditional use permit which is required pursuant to Title 18 of this Code.

B. Area of Dancehalls.

1. Where patron dancing is permitted, the number of persons permitted to occupy a dance floor shall be subject to the requirements set forth in Table 33-A of Chapter 33 of the Uniform Building Code, as adopted by 15.04 of this code, and, pursuant to the determination of the number of occupants for both dining and dancing by the building official and the fire marshal, the occupant of such structure shall post a sign, in letters not less than three inches in height, in a conspicuous place in the structure and/or establishment stating the number of persons which may be permitted for dancing and the number of persons which may be permitted for dining within such structure.

2. EXCEPTION: If the provisions of this subsection B shall in any manner conflict with any other provision of this code or the statutes of the state, the council shall have the authority to make such determination as may be in the best interests of the public health, welfare and safety.

C. License Fee. Upon the granting of such permit the business license shall be seventy-five dollars ($75.00) per year.

D. Dances. Any organization, not otherwise exempted, which rents its building facilities for the purpose of holding a dance shall not allow such dance to take place until proof is furnished to the lessor that a permit has been granted by the community development director for such dance in accordance with the provisions of Gardena Municipal Code Section 5.04.160. No background check shall be required. The applicant which rents such building facilities for the purpose of holding a dance shall be required to comply with all conditions imposed by the community development director. The application for holding a dance shall be accompanied by a fee in an amount set by resolution of the City Council; the fee shall be waived for a bona fide nonprofit organization.

Upon submission of proof to the satisfaction of the City Manager that an applicant under the provisions of this subsection is a bona fide nonprofit organization, the City Manager is authorized to waive the permit fee imposed by the provisions of this section. (Ord. 1726 § 28 (part), 2011; Measure A § 12, 2001; Ord. 1601 §§ 13, 14, 2000; prior code § 6-1.220)

5.08.195 Film production.

A. License fees for film production shall be set by resolution of the City Council.

B. Permit Required. Prior to commencing any film production in the City, a permit shall first be obtained in accordance with the provisions of Chapter 5.36 of this code. (Ord. 1644 § 2, 2003)

5.08.200 Gardening maintenance and/or services.

License fees for yard and/or gardening maintenance and/or services shall be fifty dollars ($50) per year per vehicle. (Measure A § 13, 2001; prior code § 6-1.221.1)

5.08.210 Gymnasiums.

A. License Fees. For every person engaged in the business of conducting a physical culture institution where instruction in physical culture, beauty culture, calisthenics or exercises is given to subscribers, students, pupils or members of the public, the license fee shall be as set forth in Section 5.08.510.

B. (Deleted). (Ord. 1601 § 15, 2000; prior code § 6-1.222)

5.08.220 Hospitals, sanitariums and rest homes.

A. Hospitals, Sanitariums and Rest Homes. License fees for hospitals, sanitariums and rest homes shall be based upon the annual gross receipts as prescribed in subsection A of Section 5.08.510.

B. Animal Hospitals. License fees for animal hospitals shall be based upon the annual gross receipts as prescribed in subsection A of Section 5.08.510. (Prior code § 6-1.223)

5.08.230 Hotels and motels.

Every person carrying on the business of operating a hotel, motel, auto court or motor court shall pay a license fee based upon the annual gross receipts as prescribed in subsection A of Section 5.08.510. (Prior code § 6-1.224)

5.08.240 Junk collectors.

License fees for junk collectors, excepting those having a valid license under the provisions of Section 5.08.250, shall be seventy-five dollars ($75) per year for each vehicle. In addition, all junk collectors shall comply with the provisions of Chapter 5.60 of this code relating to junk collectors. “Junk collector,” as used in this section, means a person commencing or conducting the business of going from house to house or from place to place gathering, collecting, buying, selling or otherwise dealing in old rags, sacks, bottles, cans, paper or other articles commonly known as junk. (Measure A § 14, 2001; prior code § 6-1.225)

5.08.250 Junk dealers.

License fees for junk dealers and similar businesses including collection centers operating at a fixed place of business within the City shall be based on the schedule set forth in Section 5.08.510, subject however to obtaining a permit in accordance with the provisions of Chapter 5.60 of this Code as well as obtaining any land use approvals required by Title 18 of this Code. Any license issued pursuant to the provisions of this section shall include the right to collect junk with one vehicle. (Measure A § 15, 2001; Ord. 1601 § 16, 2000; prior code § 6-1.226)

5.08.260 Cleaning, dyeing, laundries and towel and linen supply.

A. License fees for cleaning, dyeing, laundries, coin-operated laundries and towel and linen supply shall be based upon the annual gross receipts as prescribed in subsection A of Section 5.08.510.

B. (Deleted). (Ord. 1601 § 18, 2000; prior code § 6-1.227)

5.08.270 Manufacturing.

A. Wholesale Manufacturing. Any person, not otherwise classified, manufacturing, processing or fabricating any product, commodity, machine, instrument, tool or other thing and selling any such product at wholesale or to jobbers only shall pay a license fee based upon the annual gross receipts of such business according to the following schedule, plus the per employee rate:

Total Annual Gross Receipts

Amount of License Fee per Annum

Not more than $50,000.00

$75.00

$50,000.00 and over

$75.00 and .50 for each and every $1,000.00, or fraction thereof, in excess of $50,000.00

In addition to the license fee set forth in this subsection A of this section, each person shall pay four dollars per employee.

B. Retail Manufacturing. Any person, not otherwise classified, manufacturing, processing or fabricating any product, commodity, machine, instrument, tool or other thing and selling any such product at retail or providing services shall pay a license fee based upon the annual gross receipts as set forth in subsection A of Section 5.08.510.

A licensee holding a license pursuant to the provisions of this subsection shall have the right to sell such products at retail only, and in the event sales of such products are made at wholesale by such licensee within the city, a separate license for any such wholesale business shall be obtained as provided in subsection A of this section. (Prior code § 6-1.229)

5.08.280 Oil well drilling.

A. License Fees. License fees for oil and/or petroleum products produced from any well shall be one hundred eighty dollars per well per year (minimum), which shall cover the first eighteen thousand or less barrels produced from such well and which shall be paid at the beginning of the license period, and, in addition thereto (payable within fifteen days after the close of each license year), the sum of one cent per barrel for each barrel of oil or other hydrocarbon products produced from such well during such year. In the event of the abandonment of any well, such additional amount shall be paid within fifteen days after production from such well is finally stopped. A separate license shall be procured, and a separate license fee paid, for each such well.

B. Permit Required. Each such license shall be subject to a special permit from the council to be first had and obtained as provided in Chapter 8.40 of this code. Each such permit, so far as the provisions of this chapter are concerned, shall be valid for the particular well covered thereby until the same expires or is forfeited, canceled or revoked according to its terms, conditions and provisions. (Prior code § 6-1.230)

5.08.290 Peddling at retail, canvassing and soliciting.

A. Peddling at Retail. License fees for peddling at retail shall be as follows:

1. For any food, goods, wares or merchandise (except as otherwise provided for in this chapter) on foot or from a vehicle, twelve dollars per quarter of each calendar year for each person so engaged;

2. For medicine of any kind, twenty-five dollars per day for each person so engaged;

3. For new jewelry of any kind, two hundred fifty dollars per year for each person not having a fixed place of business in the city and, in addition thereto, one hundred dollars per year for each peddler more than one so engaged; and

4. For used jewelry of any kind, two hundred fifty dollars per year for each person not having a fixed place of business in the city and, in addition thereto, one hundred dollars per year for each peddler more than one so engaged. Before a license may be issued by the license collector, any person desiring to peddle used jewelry of any kind shall comply with the provisions of Chapter 5.60 of this code relating to special jewelry permits.

B. Canvassing and Soliciting. License fees for canvassing and soliciting shall be as follows:

1. For orders for the immediate or future delivery of any goods, wares, merchandise or service (except as specified in this subsection), twelve dollars per quarter of each calendar year for each person so engaged; and

2. For orders for pictures, photographs or paintings or for any work in connection with the photographic or pictorial business, twenty-five dollars per quarter of each calendar year for each person not having a fixed place of business in the city and, in addition thereto, fifteen dollars per quarter for each canvasser or solicitor more than one so engaged.

C. Exceptions. The provisions of this section shall not apply to the owners or employees of established places of business in the city, licensed by the city pursuant to the provisions of this chapter, when acting in their capacities as such owners or employees of such licensed business. (Ord. 1623 § 1, 2002; prior code § 6-1.231)

5.08.300 Peddling from vehicles.

Except as otherwise provided in this chapter, the license fees for any person peddling goods, wares or merchandise at wholesale or retail shall be seventy-five dollars ($75) per year per vehicle. (Measure A § 16, 2001; prior code § 6-1.232)

5.08.310 Poolrooms, billiards and social clubs.

A. License Fee. Where pool or billiards are a predominant part of amusement, the license fee shall be based upon the annual gross receipts as prescribed in subsection A of Section 5.08.510.

B. Permit Required. Any person commencing or conducting a business of a poolroom, billiard or social club shall first obtain a permit from the City Council in accordance with the provisions of Section 5.04.160 of this Code. A background check shall be conducted on the applicant. A permit required under this section shall be in addition to any conditional use permit which is required pursuant to Title 18 of this Code.

C. Minors Prohibited. It is unlawful for any person operating such business, or any of his agents, servants or employees, to permit any minor under the age of eighteen years to enter or be upon the premises of any such licensed place of business, and it is unlawful for any person under the age of eighteen years to enter or be upon the premises of any such licensed place of business, unless such person under the age of eighteen years shall be accompanied by his parent or lawful guardian.

D. Hours of Operation. In addition to the requirements set forth in subsections A, B and C of this section, such business shall be conducted only from the hours of eight a.m. to two a.m. daily.

E. Alcoholic Beverages. In addition to the requirements set forth in subsections A, B, C and D of this section, where the games of pool or billiards are the predominant or principal items of amusement, it is unlawful for any person operating such business, or any of his agents, servants or employees or any customer or person entering upon the premises of such licensed place of business for any purpose whatsoever, whether for amusement, business or otherwise, to consume any alcoholic beverage of any kind on such premises.

F. Exception. Where pool or billiards is the principal part of amusement, the City Council may, as part of the permit, allow the sale and consumption of alcoholic beverages on the premises when the sale and consumption of such beverages is incidental to the operation of a bona fide restaurant conducted on the same premises.

G. Additional License Requirement. When any business obtains a license under the provisions of this section and is engaged in serving food as a bona fide restaurant, an additional license shall be obtained for that phase of the enterprise pursuant to Section 5.08.510. (Ord. 1601 §§ 19, 20, 2000; prior code § 6-1.233)

5.08.320 Private detectives and patrol services.

A. License fees for private detectives shall be one hundred dollars per year for each business, plus two dollars per year for each detective more than one operating pursuant to such license; and, as a condition precedent to the issuance of such license by the city, such detectives shall first present evidence that they are licensed by the state.

B. License fees for any person engaged in the business of accepting employment for the location or recovery of personal property sold under conditional sales agreements, or which property is subject to the terms of a chattel mortgage, including personal property licensed pursuant to the provisions of the Vehicle Code of the state, all as defined in Section 7253.1 of the Business and Professions Code of the state, shall be one hundred dollars per year. As a condition precedent to the issuance of such license by the city, such persons shall first present evidence that they are licensed by the state.

C. License fees for any street patrol special officer or any person who furnishes street patrol services, as defined in Section 7523 of the Business and Professions Code of the state, shall be one hundred dollars per year. As a condition precedent to the issuance of such license by the city, such persons shall first present evidence that they are licensed by the state. (Prior code § 6-1.234)

5.08.330 Private playgrounds.

A. License fees for places where children are permitted to congregate and play and for which: an admission fee is charged: or at which charges are made for the use of or participation in any activity; or at which charges are made for the use of or participation in any amusement device shall be one hundred dollars ($100) per year.

B. Permit Required. Any person commencing or conducting a business of a private playground shall first obtain a permit from the community development director in accordance with the provisions of Section 5.04.160 of this Code. A background check shall be conducted on the applicant.

C. The requirements set forth in this section are in addition to any conditional use permit which may be required pursuant to Title 18 of this Code. (Ord. 1726 § 28 (part), 2011; Ord. 1601 § 22, 2000; prior code § 6-1.235)

5.08.340 Professions and services.

Every person engaged in any trade, calling, occupation, vocation, profession or other means of livelihood not specifically licensed by other provisions of this chapter shall pay an annual license fee based upon the annual gross receipts or the annual costs of operation as defined herein, whichever is greater. For the purposes of this business classification, “costs of operation” shall be equal to the total of the following items: a) annual fair rental value of all real property located in the City and used by such business; b) annual payroll of all employees based in the City; and c) the cost of all utilities related to the operation of such business.

Total Annual Gross Receipts or Total Annual Cost of Operation

Amount of License Fee per Annum

Not more than $50,000.00

$150.00

Each additional $1,000.00, or fraction thereof

$1.00

(Measure A § 17, 2001; prior code § 6-1.236)

5.08.350 Residential property rentals and lodging houses.

A. Every person owning, operating, leasing or engaging in the business of renting residential or living units (other than hotels, motels or motor courts) shall pay an annual license fee of fifty dollars ($50) for the first four units and ten dollars ($10) for each unit over four in number which is used, offered for rental or otherwise related to or connected with such business in the City.

B. A separate license shall be required for each property parcel. (Measure A § 18, 2001; prior code § 6-1.238)

5.08.355 Nonresidential property rentals.

A. Every person engaged in the business of rental of nonresidential property shall pay an annual business license fee of fifty dollars ($50) for the first five thousand square feet of gross rental space and one cent for each additional square foot of rental space over five thousand square feet. For purposes of this section, “rental of nonresidential property,” means any business conducted or carried on by any person engaged in the business of renting or letting a building or structure of any kind, including, but not limited to, office buildings, warehouses, commercial spaces and industrial spaces to a tenant for purposes other than dwelling sleeping, or lodging.

B. A separate license shall be required for each property parcel. (Measure A § 19, 2001)

5.08.360 Rubbish collection.

A. License Fees. The license fee for rubbish collection within the City shall be the sum of one hundred fifty dollars ($150) per calendar year per vehicle. In addition to the license fee, the licensee shall be required to comply with the provisions of Chapter 8.20 of this Code for rubbish collected within the City. The license fee set forth herein shall be in addition to any franchise amount set by the franchise agreement, unless the franchise agreement specifically waives the license fee.

B. Insurance. One of the conditions of any permit issued pursuant to the provisions of this section shall be that the permittee shall be required to carry public liability and property damage insurance in amounts not less than the following:

1. Five hundred thousand dollars for the death of or injuries to any one person in any one accident;

2. Five hundred thousand dollars for the death of or injuries to two or more persons in any one accident; and

3. One hundred thousand dollars for property damages.

All such insurance policies shall contain a clause providing for a written thirty day cancellation notice to the city.

The city’s residential contractor shall name the city as an additional insured on its insurance policy.

Such insurance shall be carried with an insurance carrier and in a form approved by the city attorney. Evidence satisfactory to the city attorney that such coverage is so carried shall be filed with the license collector.

C. Annual Inspections. Routine inspections by the California Highway Patrol shall be required annually on all collection vehicles used to provide service in the city, and certificates of such inspections shall be filed with the director of finance. (Ord. 1601 § 23, 2000; prior code § 6-1.239)

5.08.370 Selling and distributing certain commodities over a regular route.

License fees for selling and delivering the following commodities at retail or wholesale over a regular route, with only incidental solicitation for new customers, shall be seventy-five dollars ($75) per year for each vehicle used in such business:

Auto accessories;

Barber and beauty supplies;

Baker and confectionery supplies;

Bakery goods;

Box lunches;

Coffee, tea and spices;

Dairy products;

Eggs;

Fish;

Fruit;

Ice;

Ice cream;

Meat;

Vegetables;

Water; and

Similar substances. (Measure A § 20, 2001; prior code § 6-1.241)

5.08.380 Shooting galleries.

A. License Fees. License fees for shooting galleries shall be one hundred dollars ($100) per day. For purposes of this section, a shooting gallery means a place of business where live ammunition is used. If no live ammunition is used, the business is governed by Chapter 5.12.

B. Permits Required. Any person commencing or conducting a business involving a shooting gallery shall first obtain a permit from the City Council in accordance with the provisions of Section 5.04.160 of this Code. A background check shall be required.

C. In addition to the license and permit required by this section, a conditional use permit shall also be required pursuant to Title 18 of this Code. (Ord. 1601 § 24, 2000; prior code § 6-1.242)

5.08.390 Skating rinks.

A. License Fees. License fees for skating rinks, whether ice skating or roller skating, shall be based upon the annual gross receipts as set forth in subsection A of Section 5.08.510.

B. In addition to the license required by this section, a conditional use permit shall also be required pursuant to Title 18 of this Code.

C. Sales Within Establishments. A license granted pursuant to the provisions of this section shall not include the right to conduct a cafe, restaurant, lunch counter, refreshment or confectionery stand, or other type of concession and a separate license shall be obtained for any such cafe, restaurant, lunch counter, refreshment or confectionery stand or other type of concession pursuant to the provisions of Section 5.08.510. (Ord. 1601 § 25, 2000; prior code § 6-1.243)

5.08.400 Sound or music devices.

A. A sound or music device shall not be made available for operation without a license. The license shall be obtained by the owner of the machine. One license may be obtained by one applicant for more than one device or location.

B. A fee shall be paid based upon the annual gross receipts as set forth in Section 5.08.510.

C. The device shall not be placed as to obstruct vehicular or pedestrian traffic. (Prior code § 6-1.243.1)

5.08.410 Sports stadiums.

A. Event Defined. “Event,” as used in this section, means any promotion, program or attraction held or staged for a period of time and drawing any number of persons or held solely for radio or television audiences for the duration of that particular promotion, program or attraction. An event shall always be construed to have terminated at the end of any given calendar day. Any program which is separately held to which a separate admission charge is made shall be an event subject to the license fee required. For example, an event held in the afternoon to which a separate admission is charged shall be an event subject to the license fee per event, and, for example, an event held the same evening, to which a separate admission charge is made, of a day in which an afternoon event was held shall be a second event for that day and thereby subject to the full license charge per event. The accumulated event fees shall be paid at the end of each thirty day period throughout the year.

B. License Fees. License fees for the operation of any sports stadium shall be forty dollars ($40) per event. In addition to the license required by this section, a conditional use permit shall also be required pursuant to Title 18 of this Code.

C. Sales Within Establishments. A license granted pursuant to the provisions of this section shall not include the right to conduct a cafe, restaurant, lunch counter, refreshment or confectionery stand or other type of concession, and a separate license shall be obtained for any such cafe, restaurant, lunch counter, refreshment or confectionery stand or other type of concession pursuant to the provisions of Section 5.08.510. (Ord. 1601 § 26, 2000; prior code § 6-1.244)

5.08.420 Swap meets.

A. Definitions.

1. “Swap meet” means a retail commercial use, conducted out-of-doors, where new or used merchandise is offered or displayed for sale or exchange by two or more vendors from individual stalls. Swap meet includes “flea market,” “bazaar,” “open air market,” and similar words and phrases commonly used to describe a swap meet. Swap meet shall not include any activity set forth in Chapter 18.60 of the Gardena Municipal Code.

2. “Swap meet operator” means any person who conducts a swap meet.

3. “Swap meet participant” means any person who rents or is allotted a space from the swap meet operator and conducts the business of selling, buying or trading therein.

4. “Participant space” means ground space occupied for one day, or fraction thereof, by a participant and consisting of three hundred square feet more or less.

B. Quarterly License Fees. License fees for operating swap meets shall be five hundred dollars per quarter year, to be paid in advance. Such fee shall entitle the operator to conduct a swap meet at the location specified in the license and, in addition thereto, shall entitle the operator to use parking lots in connection with such business and transport customers or prospective customers from such parking lots to the swap meet location.

C. Gross Rental Receipts License Fees. License fees for renting participant spaces shall be four percent of all rent received. Such fee, when collected, shall be the property of the city and shall be paid to the license collector within thirty days following the end of each calendar quarter during which the license fee was collected. (Ord. 1483 § 8, 1994; prior code § 6-1.244.1)

5.08.430 Taxicabs.

A. License Fees. License fees for taxicabs shall be seventy-five dollars ($75) per year per taxicab. Prior to operating any taxicab or taxicab business, permits must be obtained in accordance with Chapter 5.68 of this Code.

B. Permit Fees. Application processing fees, including but not limited to costs of background investigation, fingerprinting, vehicle inspection and other costs of processing applications under this chapter, for issuance and renewal of any permits required pursuant to Chapter 5.68 shall be established by resolution of the city council.

C. Fingerprinting. Before any operator of any taxicab shall be licensed, he shall be fingerprinted by the police department and shall obtain special permission from the chief of police to act as such operator. (Ord. 1625 § 2, 2003; Measure A § 21, 2001; Ord. 1601 § 27, 2000; prior code § 6-1.245)

5.08.440 Theaters, shows and entertainments.

A. License Fees. License fees for theaters, motion picture shows, playhouses, exhibitions and all other shows or entertainments, other than those operating annually as provided in Section 5.08.140 for which license fees shall be paid annually on the basis of their gross revenue, shall be fifteen dollars per day after having first obtained special permission to do so from the council.

B. Permits Required. Any person commencing or conducting such a business shall first obtain an entertainment permit in accordance with the provisions of Chapter 5.32. (Ord. 1601 § 28, 2000; prior code § 6-1.246)

5.08.450 Trailer parks.

License fees for the operation of trailer parks shall be as provided in Section 18502 of Part 2.1 of Chapter 5 of Title 25 of the California Administrative Code which regulates mobile home parks, special occupancy trailer parks and campgrounds in the state. (Prior code § 6-1.247)

5.08.460 Transfer, moving and trucking.

License fees for transfer, moving and/or trucking shall be seventy-five dollars per year for each separate vehicle operated in connection with such business in the city. (Prior code § 6-1.248)

5.08.470 Truck delivery.

License fees for truck delivery, not having a fixed place of business in the city, and excepting those products and commodities set forth in Section 5.08.370, shall be seventy-five dollars ($75) per year per vehicle. (Measure A § 22, 2001; prior code § 6-1.249)

5.08.480 Vending machines.

A. Person Defined. “Person,” as used in this section, shall mean and include the following:

1. Any owner of a vending machine, device or apparatus;

2. Any person in whose place of business such machine, device or apparatus is used; and

3. Any person having the control of such machine, device or apparatus; provided, however, the payment of the license fee by any person defined in this subsection shall be deemed in compliance with the provisions of this section.

B. License Fees. Every person engaged in the business of maintaining or operating, or permitting the maintenance or operation of, a vending machine, device or apparatus (one or more) designed or constructed for the purpose of selling peanuts, candy or other merchandise or services (unless specifically otherwise provided for in this chapter), the use or operation of which machine is permitted or allowed by the deposit of any coin, plate, disc, slug or key into any slot, crevice or other opening, shall pay a license fee based upon the annual gross receipts set forth in subsection A of Section 5.08.510.

Licenses issued pursuant to the provisions of this subsection shall be issued on a calendar year basis, payable in advance.

C. Service Machines in Apartment Houses, Hotels, Motels, Trailer Parks, Etc. Any person maintaining or operating a vending machine, device or apparatus (one or more) designed or constructed for the purpose of laundry, including automatic washers, dryers, etc., placed in an apartment house, hotel, motel, trailer park, etc., for the exclusive use of tenants of such establishments, which machines are leased by the owner or landlord of such establishments, shall pay a license fee based on the provisions of Section 5.08.510. This subsection shall not apply to those machines which are owned and the property of the owner or landlord of such establishments.

D. Display of Licenses. Each such machine, device or apparatus licensed shall have such license affixed upon such machine, device or apparatus in some conspicuous place, and such license shall remain upon such machine, device or apparatus so as to be plainly visible until a new and different license is issued for such machine, device or apparatus.

E. List of Locations. Each operator of vending machines shall file a list of the locations of such machines with the license collector, and such list shall be kept current by the operator. (Prior code § 6-1.250)

5.08.490 Warehousing.

Any person conducting, carrying on, or engaging in a warehousing business shall pay a license fee based upon the annual gross receipts as prescribed in Section 5.08.500. (Prior code § 6-1.250.1)

5.08.500 Wholesale sales.

Any person conducting, carrying on, or engaging in the business of selling goods, wares or merchandise at wholesale for the purpose of resale in the regular course of business shall pay a license fee based upon the annual gross receipts of such business according to the following schedule:

Total Annual Gross Receipts

Amount of License Fee per Annum

Not more than $50,000.00

$75.00

$50,000.00 and over

75.00 and .50 for each and every $1,000.00, or fraction thereof, in excess of $50,000.00

(Prior code § 6-1.251)

5.08.510 Retail and miscellaneous sales.

A. Gross Revenue Schedule. Every person commencing, conducting, managing or carrying on the business of selling at retail shall obtain a license therefor and pay an annual license fee based upon the annual gross receipts of such business according to the following schedule:

Total Annual Gross Receipts

Amount of License Fee per Annum

$0 – $50,000.00

$75.00

Each Additional $1,000 or fraction thereof

$.50

B. Sales of Alcoholic Beverages. In computing the total annual gross revenue of any business which includes the sale of alcoholic beverages sold under State Board of Equalization licenses, the gross receipts from such alcoholic beverage sales shall not be included in the total of the annual gross revenue.

C. Cabarets, Cafes and Restaurants. The license fee for any cabaret, cafe or restaurant not doing business as provided in subsections A, B and C of Section 5.08.140 shall be as provided in subsection A of this section.

D. Maintenance Services. For orders for maintenance services, including janitorial services, scissors and lawn mower sharpening and repair, mechanical appliance repair and/or maintenance, and any similar repair, maintenance, and/or service, which shall include the performance of the work incidental thereto, the license fee shall be as provided in subsection A of this section. For yard and/or gardening maintenance and/or service, the license fee shall be as provided in Section 5.08.200. (Measure A § 23, 2001; prior code § 6-1.252)

5.08.520 Telephone companies.

Any person conducting, carrying on or engaged in providing telephone equipment or service within the jurisdiction of the Public Utilities Commission of the state shall pay a license fee based upon the annual gross receipts as provided in Section 5.08.500. (Prior code § 6-1.253)

5.08.530 Newsracks.

Any person engaged in the business of maintaining or operating, or permitting the maintenance or operation of a newsrack, whether in a public right-of-way or not, shall comply with the provisions of Section 5.08.480 in obtaining a business license and paying the applicable license fee. Notwithstanding any provision to the contrary, any newsrack in a public right-of-way shall comply with and be regulated by Chapter 12.04. (Ord. 1621 § 1, 2002)