Chapter 5.12
SPECIFIC FEES
Sections:
5.12.010 License fee rate.
The rates and rules for license fee tax for peddlers, solicitors, itinerant vendors and miscellaneous callings shall be as follows:
A. Every person engaged in conducting, carrying on or managing a public dance not sponsored by a nonprofit organization shall pay a license fee of fifteen dollars per night; with soft drinks, beer or refreshment stand the sum of twenty dollars per night.
B. Every person engaged in the business of acting as a real estate broker in the sale or lease of any property within the city, but who does not maintain an office or regular place of business within the city, shall pay a license of ninety-seven dollars per year.
C. 1. Every person who maintains card tables or permits the playing of card games, or operates a cardroom, as a separate and independent business, or within or in connection with any pool or billiard parlor or lunch counter or restaurant, or wherein wine or liquor is sold, shall pay a license fee therefor of five hundred eleven dollars per year, which year shall commence on the first day of January of each year and expire on the thirty-first day of December of each year; and provided further, that the license fee required in this subsection shall be due and payable the first week in January of each year; provided further, that the fee shall not be prorated, and that all permits issued at any time during any calendar year shall require payment of the full fee, and shall expire on the thirty-first day of December of the year in which said license is issued. For the purposes of this subsection, "card game," "card table" and "cardroom" shall be defined as set forth in Chapter 5.20 of this code.
2. Every cardroom employee on his or her first application for a cardroom work permit shall pay an initial work permit fee therefor of two hundred dollars per year, which year shall commence on the first day of January of each year and expire on the thirty-first day of December of each year; and provided further, that the work permit fee required in this subsection shall be due and payable the first week in January of each year; provided further, that the fee of two hundred dollars per year shall not be prorated, and that all permits issued at any time during any calendar year shall require payment of the full two-hundred dollar fee, and shall expire on the thirty-first day of December of the year in which said permit is issued. The work permit may be renewed in each subsequent year upon payment of an annual renewal fee of fifty dollars per year, provided that no work permit shall be renewed for any employee if the police chief subsequently finds any facts which would constitute grounds for refusing to issue an initial work permit as set forth in Section 5.20.040 of this code. For the purposes of this subsection, "cardroom employee" shall be defined as set forth in Chapter 5.20 of this code.
D. Every person bringing into the city a stock of goods, wares or merchandise of any kind to be disposed of at auction shall pay the sum of four hundred nine dollars per year. The application for such license shall include advertising material or other information indicating the type of goods, wares or merchandise to be sold including a statement as to whether or not it is bankrupt stock or damaged goods, except where such stock is left after a failure of a former licensee.
E. Every astrologer, seer, fortuneteller, hypnotist, clairvoyant, spiritualist, spiritualistic medium, or phrenologist who demands a fee for his or her services, engaged in business in the city, shall pay a license of fifty-one dollars per day.
F. For the business of conducting or exhibiting any circus, caravan, menagerie or collection of animals, or other acrobatic performance, the sum of forty-one dollars per day; each show, for pay, or any panorama, figures, jugglers, necromancers, magician, wire or rope dancing, sleight-of-hand performances, or other side show, shall pay the sum of ten dollars per day, and whenever a separate admission price is charged each must be considered a separate show.
G. For the business of carnival rides, games, food and beverage stands under one profit-oriented organization for the Harvest Festival in Kerckhoff Park each September, the fee shall be one hundred-two dollars per day.
H. Any business for profit at the annual Kerman Harvest Festival which has not been issued a license in the city on a full-time basis shall pay a fee of four dollars per day.
I. For the business of conducting or exhibiting any show where the exhibition consists solely of trained animals, the sum of twenty-three dollars per day; this provision shall not be considered to apply to any circus, or any performance, exhibition or side show, provided for in subsection H of this section.
J. For the business of carrying on tent or other shows, minstrels, operatic or concert singers, a license shall be paid in the sum of eighty-two dollars per day, providing nothing contained in this subsection shall apply to exhibitions or entertainments given by any church society connected with the church, or for charity’s sake.
K. For the business or operating or conducting any flying horses or merry-go-round, the sum of fifteen dollars per day or any fraction thereof.
L. Every person engaged in the business of selling bankrupt stock, or advertising to dispose of goods, wares or merchandise, for original cost or less, shall pay a license of eight hundred seventeen dollars per year, except where such stock in part of stock left after a failure of a former license.
M. Every person conducting, managing or carrying on the business of retailing or wholesale of any goods, wares, merchandise or any other thing of value wherein such person solicits customers by telephone and only goes from house to house or place to place within the city by previous appointment and to make previous appointment deliveries of any goods, wares, merchandise or anything of value in the possession of the seller shall pay a fee of forty-one dollars.
N. Itinerant Peddlers, Solicitors, and Photographers.
1. License Required.
a. Every person without a permanent place of business in the city who engages in the business of hawking, peddling or vending goods, wares, merchandise pictures, foodstuffs, services or advertising from door-to-door, house-to-house, or building to building, or from or upon the streets, alleys, parks or other public places of the city, or from any hotel, motel, roominghouse or trailer house on foot, or from or in any vehicle of any nature whatever, either by sample or by taking or soliciting orders for immediate delivery or for delivery in the future, shall comply with the provisions of this section.
b. Every person without a permanent place of business in the city who engages in the business of photography, portraiture, photochromography, operating a photograph studio, taking pictures, or any other branch of photographic art whatever, whether from door-to-door, house-to-house, or building to building, or from or upon the streets, alleys or other public places of the city, or from any hotel, motel, roominghouse or trailer house on foot, or from or in any type of vehicle whatever, shall comply with the provisions of this section.
c. Every person without a permanent place of business in the city who engages in the business of soliciting orders for photographs, peddling tickets, certificates or other documents intended to apply in whole or in part payment for photographs, frames or other photographic merchandise, or other material, or in any other manner whatever engages in the business of or soliciting orders for any branch of the photographic art in any respect, including copying, retouching, enlarging or coloring of photographs or photographic negatives and prints, shall comply with the provisions of this section.
d. No person shall be relieved from the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant or auctioneer having a fixed place of business in the city, or by conducting a temporary, transient or itinerant business in connection with or as part of or in the name of any local dealer, trader, merchant or auctioneer having a fixed place of business within the city.
2. Application.
a. Every person desiring to conduct, carry on, manage or engage in any of the businesses set forth in subsection N1 of this section shall apply for a license for such business to the city clerk upon forms to be provided by the office of the city clerk, which forms shall require the following information from the applicant:
i. The full name, permanent business address, local business address and residence address of the applicant if an individual, or its authorized representative if other than an individual; the nature of the applicant, i.e., whether individual, partnership, firm, corporation or otherwise; the full names, ages, addresses and occupation of each person who shall actually vend, sell, solicit or otherwise engage in any act whatever within the city herein required to be licensed on behalf of or for the applicant, whether as principal, agent, servant, employee, associate, partner, representative or otherwise; and
ii. A specific description of the article or service proposed to be sold, vended or performed, whether for immediate or future delivery or performance, and the proposed method of delivery and performance, including information as to whether such sales will be made by quantity, weight, quality, package or otherwise, and whether delivery or performance will be made personally or by mail, or in what other manner.
b. In the event any form, contract, order blank, warranty, agreement or other written or printed document is to be signed by the purchaser or person receiving property or service or is involved in any manner otherwise in the business of the applicant, the application form must be accompanied by a copy of such form, contract, order blank, warranty, agreement or other written or printed document.
c. Each application must be accompanied by two prints of a recent photograph of each individual person who will actually engage in vending, selling, soliciting, peddling or doing any other act required under the provisions of this section to be licensed, whether as principal, agent, servant, employee, associate, partner, representative or otherwise, which photographs shall not exceed one square inch in size and shall be full front views of the face and head only of such persons.
d. In each case where it appears that the applicant will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance services, the application shall be accompanied by a cash deposit of one thousand dollars, or bond issued by a surety company authorized to do business within the state. Such bond shall be conditioned for making final delivery of goods, wares or merchandise ordered for the final performance of services to be performed in accordance with the order, agreement or contract entered into, and failing therein, the advance payment or deposit on such order shall be refunded or returned. Any person aggrieved by the action of such applicant shall have a right of action on the deposit or bond for the recovery of money or damages, or both. The cash deposit or bond, as the case may be, shall remain in full force and effect and be retained by the city for a period of ninety days after the expiration of any such license or the termination of any action upon the bond or deposit, of which the city clerk shall have been notified, unless sooner released by the city clerk.
e. Each application shall be accompanied by the following license fee: the sum of one hundred fifty-three dollars for payment of the calendar year quarter in advance.
f. At the time of making such application, each individual person, whether as principal or agent, servant or employee, who shall engage in selling, soliciting, vending, or doing any other act covered under the provisions of this section, shall present himself to the office of the chief of police for the purpose of being fingerprinted and supplying routine information required on the fingerprint forms provided without expense by the city, including the physical characteristics of each such person, identifying marks or scars, age, name, address and signature. Such fingerprint records are to be taken in triplicate, and each such individual is hereby advised that the city reserves the right to retain one of such fingerprint records in its files for permanent safekeeping, and to send one such fingerprint record to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the State Department of Justice at Sacramento for the purpose of filing. No fingerprint records will be returned in the event the license applied for is not issued or is subsequently suspended or revoked.
3. Exemptions. The following individual applicants shall be exempt from the payment of the license fees required by this section, but must fully comply otherwise with the requirements hereof as to the applications, fingerprinting, bonds and pictures:
a. Every honorably discharged veteran who meets the requirements of Section 16001 of the Business and Professions Code of the state. Such exemption shall apply only to an individual applicant engaged in peddling, vending or soliciting for and by himself alone, and shall not apply to any individual applicant otherwise entitled to such exemption who employs agents, servants or employees in such activities, nor to any other type of applicant of which a person otherwise entitled to such an exemption is an officer, member, agent or employee. All claims for such exemption shall be referred to the county veterans service officer for investigation and recommendation;
b. Every individual person selling and vending farm fruits and vegetables grown and produced by his own labor on real property belong to or possessed by him. All claims for such exemption shall be referred to the county agricultural commissioner for investigation and recommendation;
c. Every applicant claiming to be entitled to exemption from the payment of any license provided for in this section upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the city clerk disclosing the interstate or other character of his business entitled to such exemption. Such statement shall state the name and address of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same is to be shipped or delivered, the method of solicitation or taking orders, the location of any warehouse, factory or plant in the state, the method of delivery, the name or address of the applicant, and any other facts necessary to establish such claim exemption. All claims shall be referred to the city attorney for investigation and recommendation;
d. This section shall not apply to persons under the age of fourteen years soliciting the sale of subscription of magazines or newspapers; nor shall it apply to peddlers, solicitors or agents of trade supply houses calling upon specific trades.
4. Issuance of License and Identification Cards. Upon the receipt of the application accompanied by the required documents and appropriate fees, the city clerk shall issue a business license to the applicant and individual identification cards to al persons who shall actually solicit for such and on behalf of the applicant, whether as principal or otherwise. Such identification card shall have affixed to it one of the pictures filed by the applicant and shall contain a reference to the issuance of the license, and a description of the individual to whom issued. In the event the applicant claims an exemption from the payment of license fees under the provisions of subsection N3 of this section, the city clerk shall issue the license only after he has reviewed the report and recommendations of the county, or the city attorney, as the case may be, and is satisfied that the applicant is entitled to such exemption.
5. Use of License and Identification Cards. Each applicant or, if other individual, its representative, must at all times retain in his possession the business license issued by the city clerk, and each person issued an identification card pursuant to this section must retain the same in his personal possession at all times while engaged in the business so licensed within the city, and must produce and show the same upon the demand of any person solicited or of any police officer or official of the city. No licensee or person issued an identification card shall alter, remove or obliterate any entry made upon each such license or card or deface such license or card in any way. Each license or card may not be used by any person other than the licensee or the person for whom issued.
6. Conditions and Regulations. The following conditions and regulations shall also apply to the exercise of the privileges granted by licenses issued under the provisions of this chapter in addition to those set forth in other sections of this chapter or by other laws of the city:
a. No person acting under authority of any license issued shall shout or call his wares in a loud, boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the city, nor shall any such person use any horn or bell or other noise-making device to call attention to his wares.
b. Every licensee or holder of an identification card, upon the request of any police officer or other officer of the city, shall sign his name for comparison with the signature upon the license or card or the signature upon the license application.
c. Any person acting under authority of any license issued who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered, and the amount to be paid on or after delivery. One copy of such order shall be given to the customer.
d. No licensee, agent, servant or employee shall stop or remain in any one place upon the streets, alleys or public places in the city longer than necessary to make a sale to a customer wishing to buy except by the prior permission of the council, nor shall any licensee, agent, servant or employee stop or remain upon any private property within the city without the consent of the owner thereof or some person having authority to grant such permission.
7. Suspension and Revocation. In the event the city clerk has reasonable cause to believe, and does believe, that any licensee or other person employed by or representing such license is violating any of the provisions of this chapter, or any other law relating to the business of the license, the city clerk shall have power to and shall be authorized to suspend such license and all identification cards so issued. If no written appeal is filed with the city clerk protesting such suspension within two days of the date of such suspension, such suspension shall be deemed permanent and all such licenses or identification cards issued thereunder shall be deemed revoked.
8. Appeals. In the event any applicant desires to appeal from any order, denial of exemption, order of suspension or other ruling made under the provisions of this section, such applicant, or any other person aggrieved thereby, shall file written notice of such appeal with the city clerk, and such matter shall be heard upon the next regular meeting of the council, at which time the council shall hear and receive evidence, written and oral, upon all matters involved. The decision of the council shall be final upon all parties concerned.
9. Denial of Access. It is unlawful for any peddler, or person pretending to be a peddler, for the purpose of selling or pretending to sell or peddle any goods, wares, merchandise or other article, material or substance, or any solicitor, or any person pretending to be a solicitor, for the purpose of soliciting orders for any goods, wares or merchandise or any article, material or substance of whatsoever kind, to ring the bell or knock on the door of any residence or dwelling whereupon a sign bearing the words, "No Peddlers," or words of similar import, is painted or affixed so as to be exposed to public view, or to peddle or pretend to peddle, or to solicit or pretend to solicit, orders for any goods, wares or merchandise or any article, material or substance in any building whereon or wherein a sign bearing the words, "No Peddlers," or words of similar import, is painted or affixed so as to be exposed to public view.
10. Any person owning apartments, rental housing, multiple-family housing or mobile home parks of four housing units or more shall pay a license of seven dollars per year per unit. (Ord. 96-03 §1, 1996; Ord. 95-10 §§2, 3, 4, 1995; Ord. 92-05 §1, 1992; Ord. 91-06 §1, 1991; Ord. 89-05 §1, 1990: Ord. 89-01 §1(part), 1989: Ord. 81-06, 1981; Ord. 80-16 §4, 1980).