Chapter 3-1 BUSINESS LICENSING

(a) There is imposed upon the businesses, trades, professions, callings and occupations in the City a license tax in the amounts hereinafter prescribed.

(b) It shall be unlawful for any person whether as a principal or as an agent or employee for any other person or for any corporate body, or otherwise, to commence and carry on any business, trade, profession, calling or occupation in the City without first having procured a license from the City to do so and without having complied with any and all applicable provisions of this chapter.

(c) This chapter shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with the Constitution of the United States or of the State, or any applicable statutes.

(d) The City shall not approve licenses or uses that violate applicable State or Federal law.

(e) In the event that any portions of this chapter are deemed to be for any reason unenforceable, the remaining provisions of this chapter shall remain in full force and effect.

(1255-CS, Amended, 07/11/2019; 1230-CS, Amended, 02/23/2017; 1218-CS, Amended, 02/11/2016; 1138-CS, Amended, 04/22/10; 891-CS, Rep&ReEn, 03/27/1996)

3-1-102 Municipal revenue.

This chapter is enacted to raise revenue for general municipal purposes, and is not intended for regulation, except as provided for in specific sections.

(891-CS, Amended, 03/27/1996)

3-1-103 No exemption from other code provisions.

Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any fee or tax for the privilege of carrying on any similar or related activity required under any other provision of this Code.

Where approval, clearance, or a permit to conduct a business is otherwise required by the provisions of this Code, issuance of a license does not constitute such approval or clearance.

(891-CS, Amended, 03/27/1996)

3-1-104 Violation not to affect prosecution of other code violations.

Neither the adoption of the ordinance codified in this chapter nor its superseding of any portion of any other ordinance of the City shall in any manner be construed to affect prosecution for violation of any other provision of this Code or ordinance committed prior to the effective date of this ordinance; nor be construed as a waiver of any license or any penal provision applicable to any such violation; nor be construed to affect the validity of any bond or cash deposit required by any other provision of this Code or ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.

(891-CS, Amended, 03/27/1996)

3-1-105 Debt to City.

(a) The amount of any license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the City. An action may be commended in the name of the City in any court of competent jurisdiction, for the amount of any delinquent license tax, penalties and administrative costs. The City Attorney is authorized to bring such actions when in his/her judgment there is reason to believe the amount can be collected.

(b) The conviction of any person for transacting any business without a license shall not excuse or exempt such person from payment of any license due or unpaid at the time of such conviction and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this chapter.

(c) It shall be unlawful for any unauthorized person to have in their possession, with intent to circulate or sell, any blank licenses of the City other than those issued by Finance.

(891-CS, Amended, 03/27/1996)

3-1-106 Appeals.

Any person aggrieved by any decision of Finance with respect to the issuance or refusal to issue such license hereunder may appeal such decision as provided by Title 1, Chapter 4 of this Code.

(891-CS, Amended, 03/27/1996)

3-1-107 Display of license.

All licenses must be kept and posted in the following manner:

(a) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep a license posted in a conspicuous place upon the premises where such business is carried on.

(b) Any licensee transacting and carrying on business but not operating a fixed place of business in the City shall keep the license upon his/her person at all times while transacting and carrying on such business.

(c) Every person driving, operating or having control of any vehicle or other means of instrumentality for which a license is required under the provisions of this chapter, shall have the license issued for such vehicle, means or instrumentality firmly fixed thereto in a place readily accessible and so located on the vehicle, means or instrumentality that the same is plainly visible at all times.

(d) Any permit issued for a vending machine, arcade device, electronic musical or amusement device, mechanical amusement device or any game of chance or skill, shall be firmly fixed thereon, in a place so located as to be plainly visible at all times.

(891-CS, Amended, 03/27/1996)

3-1-108 Enforcement.

(a) It shall be the duty of Finance to enforce each and all of the provisions of this chapter, and the Police Chief may render such assistance in the enforcement hereof as may from time to time be required by Finance or the City Council.

(b) Finance, in the exercise of their duties, and acting through their duly authorized agents, shall examine or cause to be examined all places of business in the City to ascertain whether compliance has been made with the provisions of this chapter.

(c) Finance, police officers, building inspectors, and code enforcement officers shall have the power and authority to enter, free of charge, at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate for the current term by any person engaged or employed in the transaction of such business. Any person having such license certificates heretofore issued, in his/her possession or under his/her control, or any business operating within the City who fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. It shall be the duty of Finance to cause a complaint to be filed against any and all persons found to be violating any of said provisions of this chapter.

(d) No license issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business.

(e) Businesses that require a County health permit shall be responsible for obtaining the necessary permit or approval from the County health officer.

(891-CS, Amended, 03/27/1996)

3-1-109 Violation: Penalty.

Each and every day that such trade, calling, profession or occupation is so carried on in violation of the provisions of this chapter shall constitute a separate violation.

(891-CS, Amended, 03/27/1996)

3-1-110 Remedies cumulative.

All remedies prescribed thereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

(891-CS, Amended, 03/27/1996)

3-1-111 Definitions.

For the purpose of this chapter, certain terms used herein are defined as follows:

(a) Words used in the present tense shall include the future tense; words in the plural number shall include the singular number and words in the singular shall include the plural number.

(b) As used in this chapter, “semi-annual” shall mean one half (1/2) of a calendar year consisting of a period of six (6) months. The semi-annual period shall begin on the first days of January and July of each calendar year. Semi-annual shall include fractions thereof.

(c) As used in this chapter, “annual” shall mean one (1) calendar year of twelve (12) months beginning January 1st. Annual shall include fractions thereof.

(d) “Branch establishment” shall mean a secondary location of a business or the operation and transaction of business at a location other than that of the primary business, provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter are not separate places of business or branch establishments.

(e) “Building contracting and subcontracting” shall mean the business carried on as a contractor by any person who maintains a state license and may be engaged in boiler, hot water heating, steam fitting, cabinet and mill work, drywall, earthwork and paving, elevator, fencing, flooring and floor covering, glazing, insulation, masonry, ornamental metal, parking and highway improvements, pipeline, refrigeration, sanitation systems, solar, steel, swimming pools/spas, tile, welding, building lathing, acoustical installation, plastering, paving, cement and concrete work, painting, decorating, paperhanging, roofing, landscaping, sheet metal work, heating, air conditioning and ventilating, house and building moving and wrecking, electrical work, plumbing, structural work, well drilling, pest control, awning work, burglar and fire alarm installations, irrigation and fire protection sprinkler installations, tree service, and similar business pursuits.

(f) “Business” includes professions, trades and occupations, and all and every kind of calling. Business descriptions shall be as defined in this chapter or by resolution of the City Council or by regulation promulgated by the Finance Officer.

(g) “Electric amusement devices” shall mean any machine, apparatus or device operated by electricity and which may be operated as a game, contest or amusement. These are also known as video games and/or devices.

(h) “Electrical musical device” shall mean any machine, apparatus or device operated or which may be operated by electricity and designed or constructed for the purpose of producing or playing any musical tone, tones or combination of tones, and the use, operation or playing of such machine, apparatus or device which is permitted or allowed by the deposit of a coin, slug or token in any slot or receptacle attached to said machine, apparatus or device, or connected therewith, and which machine, apparatus or device does not dispense any article or thing and cannot be operated as a game or contest.

(i) Evidence of doing business. When any person by use of signs, circulars, cards, telephone book, or newspapers, advertises, hands out, or represents that they are in business in the City, or by exchange of money or barter for services or goods, or when any person holds an active license or permit issued by a governmental agency indicating that they are in business in the City, and such person fails to deny by a sworn statement given to Finance that they are not conducting a business in the City, after being requested to do so by Finance, then these facts shall be considered prima facie evidence that they are conducting a business in the City.

(j) “Finance” shall mean and refer to the Finance Officer and all authorized agents and employees of the Finance Officer.

(k) “Gross receipts” shall mean the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act, service or rentals, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in “gross receipts” are all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever.

The following may be excluded from gross receipts:

(1) cash discounts allowed;

(2) credit allowed on property taken as part of the purchase price which property may later be sold;

(3) any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

(4) such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;

(5) amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, and provided that the principal business is duly licensed under this chapter, and provided the agent or trustee has furnished Finance with the names and addresses of the others and the amounts paid to them;

(6) that portion of the receipts of a general contractor which represents payments to subcontractors, provided that such subcontractors are licensed under this chapter, and provided the general contractor furnishes Finance with the names and addresses of the subcontractors and the amounts paid each subcontractor;

(7) receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded;

(8) as to real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker;

(9) as to bars, lounges and restaurants serving alcoholic beverages, the gross receipts from sale of alcoholic beverages; however the gross receipts on the retail sale of the products included in the mixing of drinks, including but not limited to mix, soda, ice, and condiments, are not excluded. For the purpose of this section and the convenience of the business, a flat thirty percent of all beverage sales may be used to determine gross receipts;

(10) as to a retail gasoline dealer, a portion of their receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2, Division 2, of the Revenue Taxation Code of the State of California;

(11) as to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code is paid by the dealer or collected by him or her from the consumer or purchaser;

(12) as to financial institutions income for those services provided under the Federal Banking Act of 1933. However, other functions such as leasing of equipment, rental income on safety deposit, etc., shall be included in gross receipts.

(l) “Industrial business” shall mean a business generally engaged in the manufacturing of goods or processing of materials for wholesale distribution.

(m) “Manufacturing” shall mean all places of business, the principal function of which is the manufacturing, making or developing of any machine, device, article, thing, commodity, goods, wares, merchandise, product, equipment, material or substance for sale or distribution generally at wholesale to retailers.

(n) “Mechanical amusement device” shall mean any machine or device operated electrically or otherwise which, upon the insertion of a coin, slug or token in any slot or receptacle attached to said machine or connected therewith, operated or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise.

(o) “Person” includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies, and individuals transacting and carrying on any business in the City, other than as an employee.

(p) “Professional service” shall mean service provided for compensation by those generally requiring governmental certification or a professional degree.

(q) “Residential rental businesses” shall mean those businesses which include twenty (20) or more units or spaces at the same location.

(r) “Retail business” shall mean a business engaged in offering commodities, goods, wares or merchandise for sale to the public.

(s) “Retail high value equipment business” shall mean a business which sells items to the public which have an average gross sales value of Ten Thousand and no/100ths ($10,000.00) Dollars or more. Examples of such businesses would be retail sales of automobiles, large agricultural equipment, trucks, commercial trailers, large construction equipment, etc.

(t) “Wholesale or jobbing” shall mean the business of offering for sale or selling at wholesale (or as a jobber) any materials, commodities, wares or merchandise in gross to retail dealers for resale and not by small quantity or parcel to consumers thereof.

(u) “Vending machine” shall mean any machine or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached to said machine or connected therewith, operates or which may be operated for sale of candy, confections, nuts, tobacco, cigarettes, soft drinks, or goods, wares or merchandise of any description. For purposes of the fixed license tax set forth in Section 3-1-132 subsection (m) of this Code, vending machines are defined as those requiring token(s) or coin(s) of more than forty-nine (49¢) cents.

(v) “Insurance Sales” see Section 3-1-117.

(Ord. 998-CS, Amended, 12/26/2002; 891-CS, Amended, 03/27/1996)

3-1-112 Exemptions: Applicability.

(a) Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment to municipal corporations of such taxes as herein prescribed.

(b) This chapter shall not apply to any business where the payment of a license would cast a burden upon the right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting international commerce. However, any applicant claiming exemption upon that ground shall file a verified statement with Finance disclosing the interstate or other character of their business entitling it to such exemption, which statement shall contain the name and location of the company or firm for which orders are to be solicited or secured, the names and addresses of the nearest local or state manager, the kind of goods, wares and merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in placing orders shall be attached to the affidavit for the information of Finance. If it appears that the applicant is entitled to such exemption, Finance shall forthwith issue a free license. Solicitation shall require a solicitor’s, canvasser’s or peddler’s license.

(c) Where the State of California has indicated the point of sale by salespersons without a fixed office location as a residence located in the City and the salesperson does not sell within the limits of the City, an annual courtesy business license may be issued with no reporting requirements.

(d) Finance may revoke any license granted pursuant to the provisions of this section upon information that the business is not entitled to the exemption claimed.

(e) City of Turlock franchise public utilities and non-profit and public hospitals shall be exempt from the provisions of this chapter.

(891-CS, Amended, 03/27/1996)

3-1-113 Charitable and nonprofit organizations.

(a) The provisions of this chapter shall not be deemed or construed to require the payment of a license to conduct, manage or carry on the business of any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes, or from which profit is not derived either directly or indirectly by any person; nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subject, whenever the majority of the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated by any church or school or to any religious or benevolent purpose; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association whenever the majority of the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purposes and objects for which such association or organization was formed and from which profit is not derived, either directly or indirectly, by any person; provided, however, that nothing in this section contained shall be deemed to exempt any such institution or organization from complying with any provision of this Code requiring such institution or organization to obtain a permit to conduct, manage or carry on any profession, trade, calling, or occupation; provided that such institution or organization shall file with Finance satisfactory proof by affidavit that the receipts of such business are to be used for the purposes herein specified. For the purpose of this chapter, charitable organizations are generally those which do not utilize more than twenty-five (25%) percent of their receipts for administrative or collection purposes.

(b) Finance may in their discretion and without the payment of a license tax grant a permit or license to any institution or organization mentioned and described in subsection (a), notwithstanding the fact that profits or profit, or any part thereof, may be derived directly or indirectly by any person other than such institution or organization described in said subsection (a), provided that there has first been filed a written application for such permit and waiver of license tax, which application shall be in writing and shall set forth the following:

(1) Name, address and principal officer of institution or organization applying;

(2) Nature and date of event for which waiver is applied;

(3) Name and address of any person or persons, firm or corporation which may profit directly or indirectly from the conducting of said event;

(4) Estimate of amount of profit and proportion thereof to be received directly or indirectly by any person or persons, firm or corporation from the conducting of such event;

(5) Charitable purposes for which the applying institution or organization proposes and intends to use any proceeds or profits from the event;

(6) That the City be provided with the federal nonprofit certificate.

In the event Finance grants such license tax waiver and in all cases where the license tax so waived is one of One Hundred and no/100ths ($100.00) Dollars or more, the sponsoring organization shall within thirty (30) days after the termination of the event supply Finance with a report showing the amount of money from the event received by the sponsoring organization and the amount of money from the event received by others.

(c) Nothing in this section contained shall be deemed to exempt any such institution or organization from complying with the provisions of this or any other provision of this Code or any ordinance requiring a permit from Finance or a certificate or compliance from any officer to conduct, manage or carry on any profession, trade, calling or occupation in this chapter specified.

(d) The City Finance Officer is authorized and empowered to impose reasonable restrictions on any door-to-door or telephone solicitations by organizations qualified pursuant to this section, when such restrictions are necessary and appropriate.

(e) California Business and Professions Code, Sections 17510 through 17510.7 require that certain disclosures be made during any promotions and solicitations made on behalf of charitable organizations or made for charitable purposes. The law applies primarily to paid fund-raisers. A copy of the Business and Professions Code is available for study at the Turlock Library. Failure to follow the requirements of this law may result in civil and criminal sanctions. Any individuals and organizations soliciting on behalf of any charitable organization or for any charitable purpose are urged to review this law to insure they meet its requirements.

(891-CS, Amended, 03/27/1996)

3-1-114 Veterans.

(a) Every person honorably discharged from any of the armed forces of the United States and physically unable to earn his/her livelihood by manual labor, who is a qualified elector of the state, shall be permitted to hawk, peddle, and vend any materials, goods, wares or merchandise (the sale or offering for sale of which is not prohibited by any federal, state or local law) without payment of any license tax required under this chapter, providing that the applicant files with Finance proof of his/her right to the exemption.

(b) Any person claiming an exemption pursuant to this section shall provide the following information:

(1) A certificate of honorable discharge from any of the armed forces of the United States, or a certified or exemplified copy thereof;

(2) A certificate of disability signed by any practicing physician or surgeon employed by the United States Government, Stanislaus County, the City, or any physician or surgeon engaged in private practice in the City;

(3) Two (2) copies of a photograph of applicant taken within two years prior to date of application, one of which shall be attached to the license certificate, if the same is issued, and the other to be retained by Finance;

(c) The exemption provided in this section is personal to the veteran exempted from the payment of a license tax and does not apply to a distributing or other business other than house-to-house or place-to-place hawking, peddling or vending materials, goods, wares or merchandise or soliciting orders therefor by such veteran personally;

(d) No license issued hereunder shall be assigned or transferred, and no person except the person named in the license certificate shall be permitted to carry on the business authorized hereunder.

(891-CS, Amended, 03/27/1996)

3-1-115 Exemption for property newly annexed to City.

The provisions of this chapter do not apply to annexed property until the beginning of the next calendar month following notification of the annexation and the requirement of this chapter.

(891-CS, Amended, 03/27/1996; 866-CS, Amended, 02/09/1995)

3-1-116 Publication or sale of newspapers.

The provisions of this chapter do not apply to the publication or sale of newspapers regularly issued at average intervals not exceeding one (1) month. The exemption does not apply to gross receipts from job printing, advertisements or miscellaneous sales.

(891-CS, Amended, 03/27/1996)

3-1-117 Insurance agents and insurance companies.

In accordance with chapter XIII, Section 28(f) of the California Constitution, this chapter shall not apply to insurance companies or insurance agents, provided, however, it shall apply to gross receipts from non-insurance sales or services.

(891-CS, Amended, 03/27/1996)

3-1-119 County Fair.

The provisions of this chapter do not apply to those businesses which operate in the City in conjunction with the state sponsored fair and under the authorization of the Board of Directors of the 38th District Agricultural Association and which businesses would otherwise be required to secure a license as defined by this chapter.

(891-CS, Amended, 03/27/1996)

3-1-120 Conducting more than one business.

(a) In the event any person manages, carries on or conducts two (2) or more businesses subject to the payment of a license tax under more than one (1) provision of this chapter, whether at the same location or under the same management or not, a separate license shall be paid for each of said businesses to correspond with the separate provision thereof applying thereto.

(b) In the event any person is conducting, managing or carrying on any business in addition to that specified in this chapter, which business is subject to a license under other provisions of this chapter, they shall pay for such other or additional business license tax specified in such other provisions of this chapter.

(c) In the event any licensee is conducting several branches of a business licensed under this chapter, they shall submit separate applications and pay a separate application fee as specified in Section 3-1-121 for each of said branches.

(d) In the event a person carries on the business of maintaining, furnishing, distributing, operating or leasing an electronic musical or amusement device, arcade device or vending machine or has such a device or machine on his or her premises for the use of the public or persons in or about such place, a separate permit must be obtained for each device or machine.

(891-CS, Amended, 03/27/1996)

3-1-121 Application procedures.

Every person conducting, carrying on or managing any business in this City shall apply to the Finance Office for a license. The fee, as fixed by Council by resolution, for such application will be due and payable at the time of application and shall be payable only once, so long as said person maintains continuous operation of the same business. In the event that any person is conducting, carrying on or managing in this City more than one (1) type of business, such person shall apply for a license for each type of business and shall pay the application fee for each and every business.

Upon a person making application for a license to be issued hereunder, or for a newly established business, such person shall furnish to Finance a sworn statement, upon a form provided by Finance, setting forth the following information:

(a) The exact nature or kind of business for which a license is requested;

(b) The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business the places of residences of the owners of same;

(c) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning said business;

(d) In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof. A copy of the Articles of Incorporation may be substituted for this requested information;

(e) In the cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant;

(f) Any further information which Finance may require to enable them to issue the type of license applied for. Finance shall not issue to any such person another license for the same or any other business, until such person shall have furnished a sworn statement and paid the license tax as herein required;

(g) All home occupations shall meet the additional requirements of the Turlock Municipal Code.

(891-CS, Amended, 03/27/1996)

3-1-122 Statement of gross receipts.

(a) All businesses where the amount of the license tax to be paid is measured by gross receipts shall furnish to Finance, semi-annually, on forms supplied, the gross receipts for the business for the preceding designated period.

(b) A person making application for the first license to be issued hereunder, or for a newly established business, shall pay the minimum business license tax for the period to be covered by the license to be issued.

(c) The applicant for the renewal of a license shall submit to Finance, and at the time so designated in Section 3-1-127 of this Code, the license tax to be paid by the applicant. The tax computations shall be based on the total gross receipts reported for the prior reporting period and the appropriate license tax rate as indicated in Section 3-1-132 of this Code.

(d) In lieu of providing the actual gross receipts for the prior reporting period, a business may designate the appropriate rate from the fixed rate chart. The rate of license tax shall be determined, as designated in Section 3-1-132 of this Code and based on the category of gross receipts of the business for the prior period. The tax is to be remitted with the completed reporting forms, and at the same time and in the same manner as indicated in Section 3-1-127 of this Code.

(Ord. 998-CS, Amended, 12/26/2002; 891-CS, Amended, 03/27/1996)

3-1-123 Failure to file statement: Determination of tax by Finance.

If any person fails to file any required statement within the time prescribed, or if after demand therefor made by Finance, they fail to file a corrected statement, Finance shall make a determination of the amount of license tax due from such person based on the limited information available and shall give notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office, postage prepaid, addressed to the person so assessed at their last known address.

(891-CS, Amended, 03/27/1996)

3-1-124 Statements required by chapter not conclusive.

(a) No statement in this chapter required shall be conclusive upon the City or Finance whenever it shall appear to the satisfaction of Finance that such statement does not set forth the true facts of the business for which a license is required, and Finance may thereupon withhold the issuance of a license until the applicant shall have furnished satisfactory evidence of the truth of such statement.

(b) Such statement and each of the several items therein contained shall be subject to audit and verification by Finance or authorized assistants who are hereby authorized to examine, audit and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license tax due.

(c) If evidence to support the accuracy of a statement required by this chapter is not furnished to Finance within a reasonable time, or if it shall at any time appear to Finance that by reason of error, misrepresentation, fraud or for any other cause whatsoever, the license tax has not been properly fixed for any license issued, they shall give not less than five (5) days’ written notice to the licensee to show cause, at the time and place fixed in said notice, why a tax to be determined by Finance and specified in said notice shall not be fixed for such a license. At such hearing, the licensee may appear and offer evidence why such specified tax should not be fixed as a license tax. After such hearing, Finance shall determine the proper tax to be charged and forthwith give notice to the licensee of such determination and the amount of the tax.

(d) The licensee may appeal such decision as provided by Title 1, Chapter 4 of this Code.

(e) Any tax finally determined shall be due and payable as of the date the original license tax was due and payable, together with any penalties that may be due thereon; provided, however, if such tax shall be fixed in accordance with the original statement of the licensee, then no penalties shall attach to such tax by reason of any delinquency.

(f) Any notice required by this chapter shall be deemed to have been served when the same is posted in the United States mail, enclosed in a sealed envelope, postage prepaid, addressed to such person at their place of business as the address of the same appears on the records in the Finance Office.

(g) Any person failing, neglecting or refusing to make a statement required by this chapter, or willfully making an incorrect statement, may also be guilty of a misdemeanor.

(891-CS, Amended, 03/27/1996)

3-1-125 Information provided to City confidential.

Any financial information furnished or secured pursuant to this or any other section of this chapter shall be confidential. Any deliberate unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor, and such officer or employee may be subject to the penalty provisions of this Code, in addition to any other penalties provided by law.

(891-CS, Amended, 03/27/1996)

3-1-126 Duplicate licenses.

A duplicate license certificate may be issued by Finance to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing statement of such fact, and at the time of filing of such statement, paying to Finance a fee for each duplicate certificate as set by resolution.

(891-CS, Amended, 03/27/1996)

3-1-127 Due dates for payments.

Except as otherwise specifically provided, all license taxes shall be paid in legal currency of the United States at the Finance Office and the semi-annual payments, under the provisions of this chapter, shall become delinquent, if not received by the collections office, on or before 12:00 p.m.(noon), on February 15th and August 15th, or the next working day if the delinquent day falls on a weekend or holiday. All flat-rate license taxes shall be due and payable in advance for each specified period and prior to commencement of the business to be licensed.

(891-CS, Amended, 03/27/1996)

3-1-128 Delinquency penalty.

Finance shall at the hour of 12:00 p.m.(noon), of the day delinquent licenses are due and payable, add to all annual and semi-annual licenses for which gross receipts have not been reported or the Business License Tax remains unpaid or partially unpaid a penalty of Twenty and no/100ths ($20.00) Dollars or twenty-five (25%) percent of the amount of such delinquent license tax, whichever is greater. For all licenses payable more often than semi-annually, the period for payment without delinquency shall correspond to the period for which licenses shall have been issued and shall be subject to the above-specified penalty. No license shall be issued to any person currently delinquent until both the license tax and penalty have been paid. In the event any license tax and penalty payment is not made prior to the next semi-annual delinquent date, as detailed in Section 3-1-127, additional penalties shall accrue at the rate of twenty-five (25%) percent or Twenty and no/100ths ($20.00) Dollars per semi-annual period, or portion thereof, whichever is greater.

(Ord. 998-CS, Amended, 12/26/2002; 891-CS, Amended, 03/27/1996)

3-1-129 Extensions of time for filing.

Finance may, for good cause shown, extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued. Finance is further authorized to reasonably compromise any claim as to amount of license tax due.

(891-CS, Amended, 03/27/1996)

3-1-130 Prorating of taxes.

In the case of fixed fee license taxes, the first license tax may be prorated, subject to minimum taxes of one-half (1/2) the annual tax, either for the balance of the current license year or as an addition to the subsequent year license tax. These provisions shall not be applicable to licenses issued during the first six (6) months of any year.

(891-CS, Amended, 03/27/1996)

3-1-131 Claims for refunds.

Any license tax or portion thereof, or any penalty hereafter paid more than once, or illegally, erroneously, or wrongfully paid or collected under this Code or any ordinance of the City requiring the payment of a license tax, may be refunded, provided that a claim therefor, duly verified by the person paying such tax or penalty, or his/her authorized representative, agent or attorney, shall have been filed with Finance within six (6) months after the day of payment of the amount sought to be refunded and approved by Finance. Such claim shall include the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reasons or grounds upon which the claim for refund is based. Such claim may be approved and paid in the same manner as other approved claims and demands.

In the event of a discontinuance in business during any period, no business shall be entitled to a refund of any taxes paid pursuant to this chapter.

(891-CS, Amended, 03/27/1996)

3-1-132 License: Taxes.

(a) Any business subject to this tax shall elect to pay either a tax of fifty (50¢) cents per One Thousand and no/100ths ($1,000.00) Dollars of gross receipts as reported to the finance department pursuant to Section 3-1-122 or a tax based on the following schedule:

SEMI-ANNUAL FLAT FEE IN-LIEU OF REPORTING ACTUAL GROSS RECEIPTS
Semi-Annual Gross Receipts	Semi-Annual Flat Fee
$0 - $59,999	$ 40
$60,000 - $124,999	$ 75
$125,000 - $249,000	$ 155
$250,000 - $374,999	$ 235
$375,000 - $499,999	$ 310
$500,000 - $749,999	$ 470
Over $749,999	$ 470
(plus $310 for each additional $500,000 of gross receipts or portion thereof over $749,999)

(b) The annual tax on any business classified as “Retail” shall not exceed Ten Thousand and no/100ths ($10,000) Dollars. The annual tax on any business classified as “Retail High Value Equipment” shall not exceed Three Thousand and no/100ths ($3,000.00) Dollars. The annual tax on any business classified as “Industrial” shall not exceed Two Thousand and no/100ths ($2,000.00) Dollars. Each January 1st the annual maximum tax set forth in this subsection shall be adjusted for inflation on the basis of the Consumer’s Price Index as determined by the All Urban Consumers (California) Index published by the State of California Department of Industrial Relations. The adjustment shall be based upon the twelve (12) month period ending September 30th of the prior year. The adjustment shall be rounded to the nearest 1/10 percent.

(c) Any business subject to this tax and reporting actual gross receipts will pay a minimum tax of Thirty and no/100ths ($30.00) Dollars semi-annually.

(d) In the event a person is carrying on a business at both wholesale and retail, that portion of the business which is retail shall be subject to the retail rate and that portion of the business which is wholesale shall be subject to the wholesale rate; provided that each is reported separately.

(e) Building and construction contractors shall, at the option of the City, and at the time a building permit is issued, pay as a business tax, an amount equal to fifty (50¢) cents per One Thousand and no/100ths ($1,000.00) Dollars of the estimated construction value designated on the permit. Subcontractors covered under the general contractor’s permit shall not be required to pay additional business license tax. All other trades or construction not generally covered under the permit process shall be subject to a business license tax as designated in this chapter.

(f) Any “professional service” corporation or partnership shall report and pay only one license tax. The tax paid shall be based on total annual gross receipts for the entire business.

(g) Except for those required to pay a fixed license tax, a person making application for a license shall be required to pay, at the time the license is issued, an estimated tax based on estimated gross receipts for the period covered by the license. Information on actual gross receipts submitted by the business at the next period will be used to adjust the estimated tax paid for the prior period.

(h) Discontinuance of business operations does not relieve the business from the required payment of the license tax for their final reporting period.

(i) Any person transacting or carrying on any of the following businesses or occupations shall pay a fixed license tax as hereinafter indicated:

Business	Tax
Auctioneer - No fixed place of business	$25.00 per day or $200.00 per year
Bingo Games	$25.00 per year
Cabaret	$25.00 per day or $100.00 per year
Card Rooms	$500.00 per year per table
Carnival	$150.00 per day
Circus	$150.00 per day
Closing Out Sale	$100.00 - 30 days $200.00 - 60 days $300.00 - 90 days
Crafts Fairs and Shows	$15.00 per day per stand (no individual application tax required)
Dance	$50.00 per day
Directory Sales	$100.00 per year
Farmers’ Market	$200.00 per year (no individual application tax required)
Itinerant Vendor - fixed location	$25.00 per day $100.00 per season $150.00 per year
Peddler/Solicitor/Canvasser - Residential	$15.00 per day $60.00 per month
Photographer - Itinerant	$100.00 per month
Push Carts	$60.00 per calendar year per cart
Tent or Caravan Show	$150.00 per day
Vending Machines	$20.00 per year per machine (requires sticker)
Vendor: Movable Stand/Motorized Vehicle	$30.00 per month, or $150.00 per year, per stand, vehicle, etc.
Video Games/Mechanical Amusement Devices	$30.00 per year per machine (requires sticker)
Sporting Exhibits	$100.00 per exhibition

(Ord. 998-CS, Amended, 12/26/2002; 891-CS, Amended, 03/27/1996)

3-1-133 Unclassified business.

Any business not otherwise classified by this chapter shall be considered a “gross receipts semi-annual” business.

(891-CS, Amended, 03/27/1996)

3-1-134 Other outside businesses.

Every person not having a fixed place of business within the City who engages in business within the City, shall pay a license tax at the same rate prescribed herein for persons engaged in the same type of business from and having a fixed place of business within the City.

(891-CS, Amended, 03/27/1996)

3-1-135 Annual expenditure review.

The City Manager shall on May 1 of each year after enactment of this ordinance, beginning May 1, 1997, submit to the City Council a report which will contain a summary of the increase in the business license revenues realized from the adoption of this ordinance and expenditures of such revenue.

(891-CS, Amended, 03/27/1996)

Article 2. Taxes. (Repealed)

Article 3. Ambulances: Regulations

3-1-301 Ambulance defined.

For the purposes of this chapter, “ambulance” shall mean any privately-owned vehicle equipped or used for transporting those who are wounded, injured, or sick and shall include, but shall not be restricted to, emergency vehicles used for such purposes.

3-1-302 Licenses: Required.

No person shall engage in the business of operating an ambulance upon the streets of the City without first obtaining a license as provided in this article and paying the business license taxes provided in Article 2 of this chapter.

3-1-303 Licenses: Applications.

An applicant for an ambulance operator’s license shall file his application with the Finance Director. Such application shall be signed and verified by the applicant, shall be accompanied by the fee required, and shall set forth the following information:

(a) The name and business and residence address of the applicant;

(b) The fictitious name, if any, under which the applicant does business and proposes to do business;

(c) The number, type, age, condition, and patient capacity of each ambulance proposed to be operated by the applicant, stating the make, year of manufacture, and special equipment installed, or proposed to be installed, in each such ambulance, and whether such ambulances are or will be operated as authorized emergency vehicles;

(d) The color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the private ambulances of the applicant;

(e) The schedule of rates proposed to be charged for ambulance service;

(f) The experience of the applicant in the transportation and care of wounded, injured, and sick persons;

(g) The financial status of the applicant, including the amounts of unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments;

(h) Any facts which the applicant believes tend to prove that the public convenience and necessity require the granting of a license; and

(i) Such other information as the Council may require.

3-1-304 Licenses: Applications: Filing fees.

The application shall be accompanied by a filing fee established by resolution of the City Council.

(903-CS, Amended, 06/27/1996)

3-1-305 Licenses: Applications: Certificates of public convenience and necessity.

(a) Hearing. Upon the filing of a fully completed application for the license to engage in the business of operating an ambulance, the City Clerk shall fix a time for a public hearing thereon before the Council for the purpose of determining whether the public convenience and necessity require the proposed service. In determining whether the public convenience and necessity require the operation of an ambulance service for which application is made, the Council shall hold such public hearing as may be necessary to determine that fact.

(b) Hearing: Notice. Written notices of such hearing shall be given to all persons to whom licenses for the operation of ambulances have been theretofore issued. A notice of the time and place of the public hearing before the Council shall also be given to the general public by causing a notice of such hearing to be published in a newspaper of general circulation in the City at least ten (10) days before the hearing.

(c) Granting. No certificate shall be granted until the Council shall, after hearing, declare by resolution that the public convenience and necessity require the proposed ambulance service.

3-1-306 Licenses: Applications: Investigations.

Before any such application is acted upon by the Council, the City Manager shall cause the Police Chief to make an investigation, and he shall report his findings in writing to the Council on the matters set forth in Section 3-1-307 of this article.

3-1-307 Licenses: Granting.

No license shall be granted until the Council shall, after investigation and hearing, declare by resolution that the public convenience and necessity require the proposed service and that the same will promote the convenience, safety, and welfare of the general public. Upon completing its investigation and hearing, the Council shall grant the applicant a license if it finds as follows:

(a) That the vehicles described in the application and proposed to be used are adequate and safe for the purpose of carrying or transporting wounded, injured, or sick persons;

(b) That the color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used upon such ambulances are not in conflict with and do not imitate any color scheme, insignia, name, monogram, or other distinguishing characteristics used by any other person in such a manner as to mislead or tend to mislead, deceive, or defraud the public;

(d) That the applicant is fit, willing, and able to perform ambulance service and to conform to the provisions of this article and such rules and regulations as may be promulgated by the Council.

In making such findings, the Council shall take into consideration the number of ambulances already in operation, whether the existing ambulance service is adequate to meet the public need, the probable effect of increased ambulance service on local traffic conditions, and the character, experience, and responsibility of the applicant.

3-1-308 Licenses: Issuance.

If the Council, by resolution, shall find and declare that the public convenience and necessity require the proposed ambulance service or will admit additional ambulance service, a license to that effect shall be issued to the person entitled thereto by having complied with all the requirements of this article. The Council, in its discretion, shall determine the total number of ambulances which may be operated under such license.

3-1-309 Licenses: Form.

The license, when issued, shall state the name and address of the applicant, the number of ambulances which may be operated under such license, and the date of the issuance thereof. No license authorized by the provisions of this article shall be issued to any person who shall not have fully complied with all the requirements of this article.

3-1-310 Licenses: Transferability.

No license for the operation of an ambulance may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Council. An application for the transfer of any license for an ambulance shall be subject to the same terms, conditions, and requirements as is the application for an original license.

3-1-311 Licenses: Suspension and revocation.

(a) Council authority. The Council may at any time revoke, suspend, or change a license granted the ambulance operator, after proper notice and opportunity of hearing given to the owner thereof, if he fails to operate an ambulance authorized by the provisions of this article in accordance with the provisions of this article.

(b) Surrender of suspended or revoked licenses. All licenses which have been suspended or revoked by the Council shall be surrendered to the City Clerk, and the operation of all ambulances covered by such licenses shall cease. The continued operation of such ambulances shall thereafter constitute a violation of the provisions of this article.

3-1-312 Licenses: Additional vehicles.

Any person holding a license to operate one or more ambulances, as provided in this article, who desires to add to the number of such vehicles shall do so only by obtaining a license therefor from the Council. Such license shall be granted only upon an application made in the same manner and under the same proceedings as are required in the instance of obtaining the original license.

3-1-313 Licenses: Substitute vehicles.

Any person holding a license to operate one or more ambulances, as provided in this article, who desires to substitute a different vehicle for a vehicle operated under such license shall do so only upon obtaining from the Police Chief permission therefor. Such license shall be granted only upon a written application setting forth the particulars of such proposed substitution and upon otherwise complying with the requirements of this article.

3-1-314 Certificates of public convenience and necessity: Posting.

Each ambulance operator to whom the Council has issued a certificate of public convenience and necessity shall cause an authenticated copy of the certificate to be posted on the dashboard of the ambulance in a position clearly visible or in some other area approved by the Council.

3-1-315 Certificates of public convenience and necessity: Present operators.

Each person operating a licensed ambulance business in the City on March 1, 1962, shall automatically be granted a certificate of public convenience and necessity to operate an ambulance business within the City for the number of ambulances then being operated within the City.

3-1-316 Liability insurance.

No license for the operation of an ambulance shall be issued, nor shall such license be valid after issuance, nor shall any ambulance be operated unless there is at all times in force and effect, to provide adequate protection against liability for damages which may be or have been imposed for each negligent operation of each such ambulance, its driver, or attendant, a liability insurance policy or policies approved by the Finance Director and issued by an insurance company authorized to do business in the State.

Such policy or policies shall provide protection against liability of the licensee of an ambulance for the payment of damages in the minimum amounts as follows:

(a) In the amount of One Hundred Thousand and no/100ths ($100,000.00) Dollars on account of bodily injuries to, or the death of, one person;

(b) In the amount of Two Hundred Thousand and no/100ths ($200,000.00) Dollars against the total liability of the licensee on account of bodily injuries to, or the death of, more than one person as a result of any one accident; and

(c) In the amount of Ten Thousand and no/100ths ($10,000.00) Dollars for one accident resulting in damage or destruction of property, whether the property of one or more than one claimant.

A liability insurance policy required by the provisions of this section shall inure to the benefit of any persons who shall be injured or who shall sustain damage to property proximately caused by the negligence of the licensee insured by such policy, his employees, or agents.

Satisfactory evidence that the liability insurance required by the provisions of this section is at all times in full force and effect shall be furnished the Finance Director by each licensee required to provide such insurance.

3-1-317 Inspection of equipment and premises.

(a) Initial inspections. Prior to the initial use and operation of any vehicle as an ambulance, such vehicle and the premises from which it is to be operated shall be thoroughly examined and inspected by the Health Officer for safety and sanitation, and thereafter the licensee shall be required to comply with such reasonable rules and regulations relating to safety and sanitation as may be prescribed by the Health Officer. Such rules and regulations shall specify, among other things, such safety and sanitary equipment and regulatory devices as the Health Officer shall deem necessary.

(b) Periodic inspections. Every ambulance, as well as the premises from which such ambulance is operated, shall be periodically inspected by the Health Officer at such times as shall be designated by him.

3-1-318 Drivers’ and attendants’ permits: Required.

No person shall drive or serve as an attendant of an ambulance licensed pursuant to the provisions of this article without first obtaining a permit in writing to do so from the Police Chief.

3-1-319 Drivers’ and attendants’ permits: Applications.

Applications for drivers’ and attendants’ permits required by the provisions of Section 3-1-318 of this article shall be made upon blank forms furnished by the City and shall contain the following information concerning the applicant:

(a) His full name;

(b) His present residence address and any other residence address during the past year;

(d) Whether or not he has ever been convicted of a felony or misdemeanor, giving the particulars of each such conviction;

(e) Whether he has previously been licensed as a driver, chauffeur, or attendant and, if so, when and where; and

(f) Whether his license has ever been revoked or suspended and for what cause.

3-1-320 Drivers’ and attendants’ permits: Applications: Fees.

Applicants for drivers’ and attendants’ permits shall pay to the Police Department a fee established by resolution of the City Council in accordance with the Fingerprint Fee Schedule for each application. A copy of the receipt for the fees paid shall be filed with the Police Chief.

(903-CS, Amended, 06/27/1996)

3-1-321 Drivers’ and attendants’ permits: Applications: Investigations.

The Police Department shall conduct an investigation of each applicant for a driver’s and attendant’s permit, and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application.

3-1-322 Drivers’ and attendants’ permits: Applications: Approval or rejection.

The Police Chief shall, upon consideration of the application and the reports and certificate required to be attached thereto, approve or reject the application in accordance with the provisions of Section 3-1-323 of this article. If the application is rejected, the applicant may request a personal appearance before the Council to offer evidence why his application should be reconsidered.

3-1-323 Drivers’ and attendants’ permits: Issuance.

(a) The Police Chief shall issue a permit when he finds that the applicant meets the following requirements:

(1) For a driver’s permit, is of the age of twenty-one (21) years or over;

(2) For an attendant’s permit, is of the age of eighteen (18) years or over;

(3) Is morally fit for the position;

(4) Is able to speak, read, and write the English language;

(5) Has an adequate knowledge of first aid; and

(6) Has complied with the requirements of this article and all other governing laws and regulations.

(b) No permit shall be issued to any of the following:

(1) Any person who has been convicted of a crime involving moral turpitude, the use or possession of narcotics, or the operation of a vehicle while under the influence of intoxicating liquor within the five (5) years immediately preceding the application for a permit; or

(2) Any individual, corporation, association, or group of individuals who own, operate, or are employed by a funeral home.

Article 4. Card Rooms: Regulations

3-1-401 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “Card room” shall mean a room used in the playing of card games in any public place by patrons thereof.

(b) “Person” shall mean and include natural persons, firms, associations, copartnerships, and corporations.

(c) “Owner/permittee” shall mean and include any person whose name is listed on the permit which is under application or which the Council has given a permit to operate a card room. “Owner” and “permittee” will be used interchangeably throughout this article.

(d) “Operator” shall mean any person, other than an owner, who is either a dealer or a person who monitors the card game, and is supervised or employed by an owner/permittee.

(1137-CS, Amended, 03/25/10; 1135-CS, Amended, 02/11/10)

3-1-402 Permits: Required.

It shall be unlawful for any person to operate a card room as an owner, operator, or employee within the corporate limits of the City without having first obtained a permit therefor as provided by this article.

3-1-403 Permits: Applications.

(a) Any person desiring a permit to operate a card room as an owner shall file with the City a written application in duplicate. Such application shall be on a form supplied by the Police Department and shall state that, if a permit is granted to the applicant, such person will conform with, and abide by, all the requirements of this article.

Immediately upon the receipt of an application for a permit to own a card room, the City Clerk shall forward one copy thereof to the Police Chief. The original shall be filed with the records of the office of the City Clerk.

(b) Any person desiring a permit to be employed by an owner of a card room as an operator, cocktail waitress employed by the card room, or other employee who has any responsibility related to chips, cards, money or the accounting thereof shall file with the Police Department a written application in duplicate requesting to be a card room employee.

Such application shall be on a form supplied by the Police Chief, shall be sworn to before a person authorized to administer oaths, and shall state that, if a permit is granted to the applicant, such person will conform with, and abide by, all the requirements of this article.

(936-CS, Amended, 07/09/1998)

3-1-404 Permits: Applications: Filing fees: Business license taxes.

The following fees shall be charged for the processing and monitoring of the applications and permits required by this article:

(a) The application for a card room owner’s permit shall be accompanied by a filing fee established by resolution of the City Council.

A card room in any public place for the use of the patrons thereof shall pay a business license tax as set forth in Section 3-1-132 of this Code.

(b) The application of an employee to operate a card room shall be accompanied by a filing fee established by resolution of the City Council.

(903-CS, Amended, 06/27/1996)

3-1-405 Permits: Applications: Investigations.

Upon the receipt by the Police Department of such an application, the Police Chief shall forthwith investigate the truthfulness of the facts therein set forth and the moral fitness, reputation, character, integrity, and competency of the person who made such application. Further, the application of an employee shall be forwarded to the Department of Justice, Division of Gambling Control, for a determination pursuant to Business and Professions Code §19910. If the Division of Gambling Control lodges an objection, the work permit shall not be issued. Upon the completion of such investigation, the Police Chief shall report his findings, in the case of an owner, to the Council. In the case of an employee, the Police Chief shall issue or deny a permit to the applying person.

(936-CS, Amended, 07/09/1998)

3-1-406 Permits: Applications: Fingerprinting and photographs.

(a) The person named in an application for a card room owner permit shall file such application with the Police Department and present himself at the police station in the City to be fingerprinted. Such person, at such time, shall furnish to the Police Department three (3) photographs of himself. Such photographs and fingerprints shall be filed in the records of the Police Department.

(b) The person named in an application for a card room employee permit shall file with the Police Chief three (3) photographs of himself and submit to fingerprinting.

(936-CS, Amended, 07/09/1998)

3-1-407 Permits: Granting or denial: Hearings.

Upon the receipt of the report of the Police Chief, the Council, at its next regular meeting, shall hear the application for a card room owner’s permit, and the Council shall deny such application if it appears:

(a) That such person has been convicted of a felony or misdemeanor involving moral turpitude under any State or Federal law; or

(b) That such person is dishonest or irresponsible in relation to the card rooms which are regulated by this article or does not have the necessary mental or moral qualifications to perform the duties of a card room operator.

The City Clerk shall give written notice to the applicant of the time and place of such hearing not less than five (5) days prior to such hearing. Such hearing may be continued from time to time as the circumstances may require.

3-1-408 Permits: Terms.

(a) A permit to act as a card room owner shall continue in force until revoked as provided in Section 3-1-409 of this article. Permits shall be nontransferable.

(b) A permit to an employee of a card room to act as an operator or dealer shall be in effect for one year after the date of issuance, renewable by the Police Chief, upon the payment of a fee established by resolution of the City Council.

(903-CS, Amended, 06/27/1996)

3-1-409 Permits: Revocation.

(a) Any card room permit granted pursuant to the provisions of this article may be revoked by the Council for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this article, or for other good cause.

(b) Such revocation shall be made only after a hearing granted to the permittee before the Council after five (5) days’ notice to such permittee setting forth the grounds of complaint against him and stating the time and place where such hearing will be held. Such hearing may be continued from time to time as the circumstances may require.

(d) Upon the revocation of any such permit, such permit shall be forthwith surrendered to the Police Chief.

3-1-410 Card room regulations.

The operation of any card room is subject to the following:

(a) Hours of operation. A permittee may set hours of operation up to and including twenty-four (24) hours a day. No permittee shall operate for more or less hours on a daily basis than as is stated in its application for a permit under the provisions of this section. The hours of operation must be clearly posted by the permittee to give patrons adequate notice of hours during which the permittee will remain open for business;

(b) Safety. Owners are responsible for the safety and security of its patrons. To promote the security and safety of patrons, all exits shall have external lighting and the owner or a designated key employee shall be on the premises at all times;

(d) Wager restrictions. Owners must clearly post all wagering limits to give patrons adequate notice. There shall be no limit on the amount that may be wagered;

(e) Table limits. No single card room shall have more than fourteen (14) gaming tables in operation at any one (1) time. All gaming tables not in operation shall be completely covered and shall display a sign on the table, with not less than six (6") inch lettering, stating “This Table Is Not in Operation.” The cover and sign shall be approved in advance by the Chief of Police. No more than fifty (50) gaming tables will be permitted in the City of Turlock.

(f) Card room limits. A maximum of one (1) permittee and one (1) card room shall be allowed to operate in the City of Turlock.

(1137-CS, Amended, 03/25/10; 1135-CS, Amended, 02/11/10; 1089-CS, Amended, 07/12/2007; 941-CS, Amended, 02/25/1999; 936-CS, Amended, 07/09/1998; 913-CS, Repealed, 01/16/1997)

3-1-411 Gross revenue permit fee.

(a) In addition to any other fees required under this article, each permittee operating a card room pursuant to this article shall pay to the City a monthly fee equal to:

(1) One (1%) percent of the gross revenue the permittee receives from the card room operations for the first year following adoption of this section.

(2) Two (2%) percent of the gross revenue the permittee receives from the card room operations for the second year following adoption of this section.

(3) Three (3%) percent of the gross revenue the permittee receives from the card room operations for the third year and every year thereafter following adoption of this section.

(b) In addition to the fee established in subsection (a) of this section, for each and every table licensed above twelve (12) tables, permittee shall pay to City six-tenths of one (0.6%) percent of the gross revenue the permittee receives from the card room operations. In no event shall the maximum gross revenue fee exceed seven and one-half (7.5%) percent of the gross revenue the permittee receives from the card room operations.

(c) For purposes of this article, “gross revenues” means the total of all revenue received from conducting any card game, and includes the interest received in payment for credit extended by the permittee or its employee to a patron for purposes of participating in any card game, and shall specifically include revenue received by the permittee from per hand money collected, seat rental fees, tournament fees, and all other revenues generated from or as a result of card play, without limitation or exception.

(d) The fee imposed on card rooms pursuant to this section shall be remitted by the permittee to the City within fifteen (15) days following the last day of each calendar month, commencing January 1, 2010. Such remittance shall be accompanied by (1) a statement in a form and manner acceptable to the City setting forth the true and correct amount of gross revenues generated from or as a result of card room operations during the preceding month, and (2) a declaration signed under penalty of perjury by the permittee or the permittee’s management declaring that the information in the statement is true and correct.

(e) Payment of the fee required under this section shall be accepted by the City subject to the right of the City to audit the fee statement accompanying the remittance to determine whether the information set forth therein accurately reflects the actual amount of gross revenues received by the permittee from or as a result of card room operations during the preceding month.

To facilitate such audits, each permittee shall keep complete records of all transactions related to the receipt or disbursement of funds arising out of or related to card room operations during the preceding three (3) year period. All such records shall be made available to the City’s Finance Director or to the authorized agent or representative of the City’s Finance Director for audit at the permittee’s place of doing business after seven (7) calendar days’ written notice.

(f) Any permittee who fails to pay the fee imposed pursuant to this section when due shall pay a penalty of ten (10%) percent of the month due for each month or portion thereof that the fee remains due and unpaid. Such penalty shall be added by the City’s Finance Director to the fee due on the first day immediately following the due date and the first day of each month thereafter that the fee remains due and unpaid. However, the total amount of such penalty shall not exceed one hundred (100%) percent of the fee that was due but not paid in a timely manner.

(g) All proceeds from this fee shall be deposited into the City’s general fund with the City Council reserving the right to budget and to allocate those proceeds for any general fund purpose.

(1137-CS, Amended, 03/25/10; 1135-CS, Added, 02/11/10)

3-1-412 Minors.

It shall be unlawful for any person under the age of twenty-one (21) years to visit, frequent, loiter about, or play any game in any card room in the City.

3-1-413 Minors: Misrepresentation of age.

It shall be unlawful for any person to misrepresent or misstate the age of any minor to any person in charge of any card room in the City for the purpose of gaining the admission of such minor to any card room or for the purpose of such minor being permitted to remain in, frequent, visit, or play in any such card room.

3-1-414 Minors: Duty of operators.

It shall be unlawful for any person conducting a card room in the City to allow or permit any person under the age of twenty-one (21) years to visit or enter such public card room, regardless of whether such person knows the age of such minor, and regardless of whether such minor shall have represented himself to be of the age of twenty-one (21) years or over.

3-1-415 Minors: Duty of operators to place sign.

Every person conducting a card room in the City shall place and maintain over the door entering such card room a sign reading “No Person under Twenty-One Years of Age Allowed” in letters not less than two (2") inches in height.

3-1-416 Access to records.

Notwithstanding the audit requirements specified in TMC 3-1-411, the permittee shall allow the City Manager or a designee unrestricted access to all books, records, facilities, and all audio and video tapes pertaining to the card room, including, but not limited to, cash counting rooms and vault. Any information obtained pursuant to this section or any statement filed by the permittee shall be deemed confidential in character and shall not be subject to public inspection except in connection with the enforcement of the provisions of this article. It shall be the duty of the City Manager to preserve and keep such statements so that the contents thereof shall not become known except to the persons charged by law with the administration of the provisions of this article or pursuant to the order of any court of competent jurisdiction.

(1137-CS, Amended, 03/25/10; 1135-CS, Added, 02/11/10)

Article 5. Close-Out and Similar Sales: Regulations

3-1-501 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “Sale” shall mean any sale in the City at retail of goods, wares, or merchandise which sale is, or is represented as, a bankrupt, insolvent, assignee, adjuster’s, trustee’s, executor’s, administrator’s, receiver’s, wholesaler’s, jobber’s, manufacturer’s closing-out a business, liquidation, retirement, forced out of business, removal, loss of lease, fire or water damage sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares, or merchandise of any business for less than the current or going retail price thereof, or that, upon the disposal of the stock of goods on hand, the business will cease or be discontinued.

(b) “Advertise” shall mean any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, either by word of mouth, newspaper advertising, radio or television advertising, magazine advertising, handbills, written notice, or printed notice, and any and all means, including oral, written, or printed.

(d) “Permittee” shall mean any person to whom a permit has been issued pursuant to the provisions of this article.

(e) “Person” shall mean and include any person, partnership, unincorporated association, corporation, or other legal entity.

3-1-502 Permits required.

No person shall advertise or conduct any sale of the type defined in subsection (a) of Section 3-1-

501 of this article without having a valid permit therefor from the Finance Office in the manner provided in this article. No more than one permit shall be issued to any person within a twelve (12) month period, and no such permit shall be issued for less than thirty (30) days nor more than ninety (90) days.

(903-CS, Amended, 06/27/1996)

3-1-503 Applications for permits.

An application for a permit to conduct a sale, as defined in subsection (a) of Section 3-1-501 of this article, shall be made to the Finance Office and shall contain a statement subscribed to under oath or affirmation by the person, member of the firm, or officer of the corporation applying for a permit to conduct such sale, which statement shall contain:

(a) The name and address of the applicant; a description, by street location, of the place where such sale is to be held; the length of time of its expected duration; and the dates between which it is proposed to be conducted;

(b) The name of the auctioneer, if any, who will conduct the sale;

(c) The nature of the occupancy, whether by ownership, lease, or sublease, and the effective date of termination of such occupancy;

(d) The means to be employed in advertising such sale, together with the proposed language content in any advertisement; and

(e) An inventory of the goods, wares, and merchandise, item by item, to be sold at such sale, the wholesale value or cost to the applicant of each item and the quality and grade thereof, whether the article is new, used, or rebuilt, the date of acquisition of such goods, wares, or merchandise, and the persons from whom obtained and the place from which such goods were last taken. Each item shall be numbered separately in the inventory, and the number in the inventory shall correspond to a number physically attached to such item.

(903-CS, Amended, 06/27/1996)

3-1-504 Fees.

Upon filing an original application for a permit to conduct a sale, as defined in subsection (a) of Section 3-1-501 of this article, the applicant shall pay to the City Clerk a deposit fee in the sum of Fifty and no/100ths ($50.00) Dollars and, in addition thereto, such other business license fee as may be at that time or thereafter become applicable.

3-1-505 Investigation of applications.

Upon receipt of such application and deposit, the City Clerk shall refer such application to the City Manager, who shall make such investigation thereof as he deems appropriate. The City Manager may, at any time, cause the inventory submitted to be checked with the actual items in the applicant’s place of business and may cause an investigation to be made to ascertain the truthfulness of the sworn statement submitted by the applicant and to determine whether the items described in the inventory are a bona fide part of the applicant’s stock in trade. The applicant shall be charged a fee established by resolution of the City Council for each day or fraction thereof required to make such investigation and shall make such payment on demand.

(903-CS, Amended, 06/27/1996)

3-1-506 Issuance of permits.

If the City Manager shall determine that a permit may be issued to the applicant, the City Manager shall notify the Finance Office of the days for which such permit shall be issued, and the Finance Office shall then issue the permit. Such permit shall give the name of the person to whom it is issued, the name of the auctioneer, if any, who will conduct the sale, and the dates between which, and the place where, such sale may be conducted.

(903-CS, Amended, 06/27/1996)

3-1-507 Limitation of inventory.

(a) Under no circumstances shall the inventory offered for sale at auction or sale, as defined in subsection (a) of Section 3-1-501 of this article exceed by thirty (30%) percent the average inventory carried at the same location over the preceding five (5) year period by the business being closed out. If the business being closed out has been in business and at the same location less than five (5) years, the inventory shall not exceed by thirty (30%) percent the average inventory carried for the period of time such business has been in business. Any abnormal purchases during the year prior to the application for the permit shall be cause for refusal to issue the permit.

(b) No stock held on consignment shall be offered for sale at auction.

(c) No person shall advertise, sell, or offer or expose for sale at any such sale any goods, wares, or merchandise not listed on such inventory.

(d) No person shall advertise, sell, or offer or expose for sale at any such sale any goods, wares, or merchandise which is not the regular stock of the store or other place, the business of which is to is closed out by such sale, or make any replenishments or additions to such stock for the purpose of such sale or during the time thereof.

3-1-508 Display of permits: Records: Information.

Upon commencement and throughout the duration of any sale as defined in subsection (a) of Section 3-1-501 of this article, the permit issued shall be prominently displayed near the entrance to the premises. The duplicate original of the application and stock list pursuant to which such permit was issued shall also be posted.

Suitable books and records shall be kept by the permittee and shall, at all times, be available for inspection.

At the close of business each day the stock list attached to the application shall be revised, and those items disposed of during such day shall be removed or stricken thereon, and no goods shall be added to such list.

3-1-509 Exemptions.

The provisions of this article shall not apply to nor affect sales conducted by sheriffs, constables, or other public or court officials or to any other person acting under the direction or authority of any court, State or Federal, selling goods, wares, and merchandise in the course of his official duties.

3-1-510 When sales may not be held.

No sale defined in subsection (a) of Section 3-1-501 of this article shall be conducted at any time except between the hours of 9.00 a.m.and 6.00 p.m. on any day, except Sundays and holidays. A permit shall not be issued to conduct a sale during the period of time from the first day of December to and including December 25 of any year, and it shall be unlawful for any person to conduct, or cause to be conducted, any such sale during such period of time.

3-1-511 Refusal and revocation of permits.

Any permit may be denied or revoked on any of the following grounds:

(a) Any violation of, or failure to comply with, the provisions of this article;

(b) Failure to have a valid and current City business license;

(d) Failure to pay the inventory investigation charge upon demand;

(e) Failure to permit the City Manager, or his agent, to enter upon and inspect the goods, wares, and merchandise and the premises where the sale is conducted; or

(f) Violation of, or failure to comply with, any other law, ordinance, or regulation of the City or of any Federal, State, or local Government applicable to such sale or the applicant’s conduct of business.

3-1-512 Denial: Revocation.

If the City Manager determines that a permit granted pursuant to the provisions of this article should be denied or revoked. Written notice of such decision shall be given, and such notice shall state the grounds for denial or revocation. Posting of such notice at the premises where the sale is to be held, or delivery to any responsible person at such premises, or actual receipt by the applicant shall be deemed adequate notice.

(866-CS, Amended, 02/09/1995)

3-1-513 Right of appeal.

The decision of the City Manager to grant, deny, or revoke the permit may be appealed as provided by Title 1, Chapter 4 of this Code.

(866-CS, Enacted, 02/09/1995)

Article 6. Dances: Regulations

3-1-601 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “Fixed place of business” shall mean and include any establishment for which a business license is required by the City in order to conduct such business.

(b) “Person” shall mean and include natural persons, copartnerships, corporations, and associations and shall include both sexes.

(c) “Public dance” shall mean and include any dance to which the general public may gain admission with or without the payment of a fee.

(d) “Public dance hall” shall mean and include any room, place, or space in which a public dance, as defined in subsection (c) of this section, is conducted.

3-1-602 Permits: Required.

It shall be unlawful for any person to conduct, assist in conducting, or maintain a dance within the City unless such person first obtains a permit therefor as provided in this article.

3-1-603 Permits: Applications.

Any person desiring such permit shall file a written application therefor with the Police Department and such application shall include the following information:

(a) The name and residence address of the applicant;

(b) If a corporation or a partnership, the names and residence addresses of all the officers and directors or partners;

(d) The location and description of the facilities proposed to be used;

(e) The dates and hours of the proposed dance;

(f) The estimated maximum attendance at the proposed dance; and

(g) The type of dance, including but not limited to whether or not there will be live music.

(1168-CS, Amended, 07/10/2012)

3-1-604 Permits: Revocation: Reissuance.

If at any time the permit to conduct or maintain a public dance hall or permit allowing dancing upon the premises of the permittee shall be revoked for the violation of the provisions of this article, at least three (3) months shall elapse before another permit may be granted to the manager, owner, lessee, or permittee of such premises, except in the case of a fixed place of business.

3-1-605 Permit: Hearing and appeal procedures.

Whenever the Chief of Police has made a decision or ruling to deny, suspend, or revoke any permit issued under this article, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the City Manager within ten (10) days of receipt or constructive receipt of the decision. Until the ruling of the City Manager, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension, or revocation.

The City Manager shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance and not submitting written material shall result in a withdrawal of the appeal.

Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.

(1168-CS, Added, 07/10/2012)

3-1-606 Fixed places of business: Permits: Fees.

The applicant shall pay, upon making an application to conduct a dance in a fixed place of business, a fee established by resolution of the City Council.

(1168-CS, Renumbered, 07/10/2012; 903-CS, Amended, 06/27/1996. Formerly 3-1-605)

3-1-607 Fixed places of business: Permits: Applications: Investigations.

The Finance Office, upon the receipt of a written application for such dance permit, shall refer the application to the Police Chief who shall cause an investigation of the applicant to be made and shall submit a written report, together with such recommendation as may be appropriate, to the City Clerk for transmittal to the Council as soon as possible after such referral.

(1168-CS, Renumbered, 07/10/2012; 903-CS, Amended, 06/27/1996. Formerly 3-1-606)

3-1-608 Fixed places of business: Permits: Applications: Appeals.

Upon the receipt of an application and the reports relating thereto, the Chief of Police, before ordering the issuance of a dance permit, shall satisfy him/herself that the public peace, safety, health, and general welfare will not be endangered or jeopardized by the issuance of a dance permit. The Chief of Police may impose conditions upon the issuance of such dance permit to ensure the dancing conducted under such permit will be compatible with the preservation of the public peace, safety, health, and general welfare. If the Chief of Police finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health, or general welfare, the permit shall be denied. Should the permit be denied, the applicant shall have the right to appeal the decision as specified in TMC 3-1-605.

(1168-CS, Amended, 07/10/2012)

3-1-609 Fixed places of business: Permits: Suspension and revocation: Appeals.

The Police Chief may suspend any dance permit when it is found that the permittee has violated any condition imposed upon such permit or any provision of this Code or the laws of the State. In such event, the permittee shall have a right to appeal as provided by TMC 3-1-605.

(1168-CS, Amended & Renumbered, 07/10/2012; 866-CS, Amended, 02/09/1995. Formerly 3-1-610)

3-1-610 Fixed places of business: Police protection.

In the event police protection is desired by either the Police Chief or the owner and/or operator of the premises, the police officers so assigned shall be paid in accordance with the current rate of pay for a patrolman in the Police Department.

(1168-CS, Renumbered, 07/10/2012. Formerly 3-1-611)

3-1-611 Fixed places of business: Hours of operation.

All public dances shall be discontinued and all public dance halls shall be closed at or before the hour of 2:00 a.m.; provided, however, dances restricted to persons under the age of twenty-one (21) years shall be closed at or before the hour of 1:00 a.m. No public dance shall be held between the applicable closing hour and 10:00 a.m. of any day.

(1168-CS, Renumbered, 07/10/2012. Formerly 3-1-612)

3-1-612 Public dances: Permits: Fees.

The applicant shall pay, upon making an application to conduct a public dance, a fee established by resolution of the City Council for each day or night such dance is conducted in the City.

(1168-CS, Renumbered, 07/10/2012; 903-CS, Amended, 06/27/1996. Formerly 3-1-613)

3-1-613 Public dances: Permits: Denial.

If the Police Chief finds that the issuance of a permit will endanger or jeopardize the public peace, safety, health, or general welfare, the permit shall be denied. In such event, the permittee shall have a right to appeal as provided in TMC 3-1-605.

(1168-CS, Amended & Renumbered, 07/10/2012. Formerly 3-1-614)

3-1-614 Public dances: Rules and regulations.

No person shall operate, promote, maintain, or conduct a public dance or public dance hall except in compliance with the following provisions:

(a) Maximum attendance. The occupancy of dance halls or the attendance at dances shall be restricted to the maximum limits permissible under applicable State and/or City fire laws and regulations.

(b) Attendance of police officers. The Police Chief may require police officers of the City to be in attendance to maintain order during all public dances. The number of officers shall be determined by the Police Chief or his duly authorized representative. The compensation for each officer so assigned shall be in an amount set by resolution of the City Council. Such compensation shall be paid by the permittee at least two (2) weeks prior to the date of such proposed public dance at the office of the City Clerk.

(c) Hours of operation. All public dances shall be discontinued and all public dance halls shall be closed at or before the hour of 2:00 a.m.; provided, however, dances restricted to persons under the age of twenty-one (21) years shall be closed at or before the hour of 1:00 a.m. No public dance shall be held between the applicable closing hour and 10:00 a.m. of any day.

(1168-CS, Renumbered, 07/10/2012; 903-CS, Amended, 06/27/1996. Formerly 3-1-616)

3-1-615 Private dances: Permits: Required.

Any person, club, sorority, fraternity, society, or group giving, maintaining, or conducting a dance in any fixed place of business or hall where the public generally is not permitted to obtain admission, but those permitted to gain admission are so admitted by invitation, subscription list, or previous arrangement between the parties and they contribute to the expense of the dance by the payment of a stated charge or by division of the expense between the persons admitted, shall first apply to the Police Chief for a permit to conduct such dance.

(1168-CS, Renumbered, 07/10/2012. Formerly 3-1-617)

3-1-616 Private dances: Permits: Granting: Conditions.

Permits to conduct private dances shall be granted without the payment of any fee but upon such other conditions as may be prescribed by the Police Chief, including the appointment of suitable chaperones. The Police Chief shall be satisfied that the applicants are of good moral character, and such dance shall not be conducted between the hours of 2:00 a.m. and 10:00 a.m.

(1168-CS, Renumbered, 07/10/2012. Formerly 3-1-618)

3-1-617 Character requirements for operators.

The operator of a dance hall and the promoter, operator, or organizer of any dance shall be a responsible, reliable, law-abiding adult person.

(1168-CS, Renumbered, 07/10/2012. Formerly 3-1-619)

3-1-618 Loitering about premises during certain hours.

No person shall loiter between the hours of 10:00 p.m. and 5:00 a.m. about the premises of any public entertainment, including dances, when such person is not actively participating in the entertainment or is not an invited spectator thereof.

(1168-CS, Renumbered, 07/10/2012. Formerly 3-1-620)

Article 7. Marble Games: Regulations

3-1-701 Licenses: Required.

It shall be unlawful for any person, as principal, agent, servant, or employee, to run, operate, or conduct within the City any device or apparatus known as a marble game or pin game, muscle testing machine, or other mechanical game of skill without first obtaining a license therefor.

3-1-702 Licenses: Applications.

Any person desiring to conduct, carry on, or operate a machine or device described in Section 3-1-701 of this article shall first make an application in writing to the City Clerk who shall issue a license therefor upon the payment of the taxes prescribed in Section 3-1-703 of this article. Such application shall contain the following information:

(a) The location at which the machine is to be operated;

(b) The name and address of the applicant;

(d) The owner of the premises.

3-1-703 Licenses: Taxes.

The license taxes for marble games shall be as set forth in Section 3-1-238 of Article 2 of this chapter.

3-1-704 Licenses: Fixed place of business prerequisite to granting.

No license for such machine or device shall be granted to any person who is not engaged in business at a fixed place of business within the City.

3-1-705 Machines prohibited by state laws.

No machine shall be deemed to be licensed pursuant to the provisions of this article, the operation of which is prohibited by the laws of the State.

3-1-706 Right of entry: Seizure of machines.

The police officers of the City shall be entitled to free and unobstructed access at all times to the premises where such machines are conducted and operated, and such officers shall have the power in the event any machine is operated contrary to the provisions of this article, to seize and remove the same.

Article 8. Garage Sales

3-1-801 Intent and purpose.

It is the intent and purpose of the Council, in adopting this article, to regulate those activities which, in the most technical sense, have business or commercial characteristics but which, because of the manner in which they are conducted or the purposes for which they are being operated, are truly noncommercial in nature. Such regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this article to prevent such activities from unfairly competing with licensed revenue producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially zoned property; and to curb the evasion of business license fees.

(1266-CS, Amended, 01/09/2020)

3-1-802 Garage sale defined.

For the purposes of this article, a garage sale shall be defined as a sale conducted by an individual homeowner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit for the purpose of selling, trading, bargaining, exchanging, or otherwise disposing of unwanted or surplus household furnishings or goods or other tangible personalty, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. A garage sale may, at times, be conducted by a combination of residential dwellers at a single location and may take on the nature and character of a rummage sale or a fund-raising event for civic or charitable purposes. All sales designated “lawn sale,” “attic sale,” “rummage sale,” “moving sale,” “flea market sale,” or other terms of similar or like intent and having the foregoing characteristics and purposes shall be deemed garage sales.

(1266-CS, Amended, 01/09/2020)

3-1-803 Permits required.

Any person proposing to promote, advertise, or conduct a garage sale shall, prior thereto, obtain a garage sale permit from the Parks, Recreation, and Public Facilities Department Office.

(1266-CS, Amended, 01/09/2020; 899-CS, Amended, 05/23/1996)

3-1-804 Frequency of issuance of permits.

No more than two (2) garage sale permits shall be issued to any person during any calendar year, nor shall a garage sale permit be issued for the promotion, advertising, or conducting of a garage sale at the same location more than twice in any calendar year. No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a garage sale for more than three (3) days within a seven (7) day period.

(1266-CS, Amended, 01/09/2020; 899-CS, Renumbered, 05/23/1996, 3-1-806; 819-CS, Amended, 07/22/1993)

3-1-805 Applications for permits.

Any person desiring the permit required by TMC 3-1-803 shall make a verified application therefor in a form satisfactory to the Parks, Recreation, and Public Facilities Department Office. The application shall contain the following:

(a) The name of the applicant;

(b) The driver’s license/identification number of the applicant;

(d) The location of the proposed garage sale;

(e) The date or dates upon which it is proposed to conduct the garage sale;

(f) A general description of the property proposed to be offered for sale;

(g) The application complies with the limitations set forth in TMC 3-1-804; and

(h) A statement that the applicant is the property owner and/or resident at the location of the proposed garage sale.

(1266-CS, Amended, 01/09/2020; 899-CS, Renumbered, 05/23/1996, 3-1-804; 819-CS, Amended, 07/22/1993)

3-1-806 Issuance of permits.

The Parks, Recreation, and Public Facilities Department Office shall issue the applicant a garage sale permit if it is determined that the application complies with the provisions of TMC 3-1-805, and that the applicant is the property owner and/or the resident at the location of the proposed garage sale. The permit shall specify the following:

(a) The name of the permittee;

(b) The exact address or location where the garage sale is to be conducted;

(d) Signs may be used to advertise such sale and must abide by Chapter 9-2 TMC, Article 5, Sign Regulations for Private Property. Any illegal sign will incur a citation and result in prohibition of additional permits being issued for the duration of one (1) calendar year from the date of citation.

(e) The requirement that the permit shall be revoked for failure to comply with all the terms and conditions thereof, or the provisions of this article, or other applicable provisions of law;

(f) The requirement that the permit shall be prominently displayed at the location of the garage sale; and

(g) Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Parks, Recreation, and Public Facilities Department Office, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.

(1266-CS, Amended, 01/09/2020; 899-CS, Renumbered, 05/23/1996, 3-1-805; 819-CS, Amended, 07/22/1993)

3-1-807 Revocation of permits.

The Parks, Recreation, and Public Facilities Department Office shall have the power to revoke at any time any permit granted in accordance with this article upon determining that the garage sale permitted thereby has been promoted, advertised, or conducted in violation of any of the provisions of this article, or in violation of the provisions or conditions of the garage sale permit issued for such sale, or in such a manner as to deceive or defraud the public, or that the permittee has committed any of the following:

(a) Made any material misstatement in the application for such permit;

(b) Been guilty of any fraudulent practice or practices in the promotion, advertising, or conduct of the sale authorized by such permit; or

(c) Violated any of the provisions or conditions of the permit or violated any of the provisions of this article or of any other provision or law in promoting, advertising, or conducting such sale.

(1266-CS, Amended, 01/09/2020; 903-CS, Amended, 06/27/1996; 899-CS, Amended, 05/23/1996)

3-1-808 Right of appeal.

Any person may appeal a decision of the Parks, Recreation, and Public Facilities Department Office made pursuant to the provisions of this article as provided by Chapter 1-4 TMC.

(1266-CS, Amended, 01/09/2020; 903-CS, Amended, 06/27/1996; 899-CS, Amended, 05/23/1996; 866-CS, Amended, 02/09/1995)

3-1-809 Exceptions.

This article shall not apply to the following persons:

(a) Persons selling goods pursuant to an order of process of a court of competent jurisdiction;

(b) Persons acting in accordance with their powers and duties as public officials; and

(c) Persons promoting, advertising, or selling an item or items of personal property which are specifically named or described in any advertisement therefor and which separate items do not exceed ten (10) in number; and

(d) New residents provided such person has not held two (2) garage sales at any location in the City within the prior calendar year.

(1266-CS, Amended, 01/09/2020; 899-CS, Amended, 05/23/1996)

3-1-810 Fees.

Fees for processing and issuing a permit under this chapter shall be set by resolution of the City Council and shall be paid at the time of submission of the application.

(1266-CS, Amended, 01/09/2020; 899-CS, Enacted, 05/23/1996)

3-1-811 Community garage sale day.

The Director of the Parks, Recreation and Public Facilities Department shall designate up to one (1) day a year as “community garage sale day” where citizens can hold a garage sale at no cost without needing to obtain a permit.

(1266-CS, Added, 01/09/2020)

3-1-812 Conducting a garage sale without a permit.

If an individual is found to be conducting a garage sale without a permit, he/she may be subject to an administrative citation and/or required to apply for a permit. All fees for a garage sale permit are to coincide with TMC 3-1-810 and all fees for administrative citations shall coincide with the City of Turlock administrative citation process. The municipal code may be enforced by the Parks, Recreation and Public Facilities Department, Turlock Police Department, Turlock Fire Department or any other responsible department/division tasked with code enforcement.

(1266-CS, Added, 01/09/2020)

Article 9. Poolrooms and Billiard Parlors: Regulations

3-1-901 Poolroom or billiard parlor defined.

For the purposes of this chapter, “poolroom or billiard parlor” shall mean and include any place where one or more pool, billiard, or combination of such tables is installed and a charge is made for the use of such pool, billiard, or combination of such tables.

3-1-902 License taxes.

The license taxes for poolrooms and billiard parlors shall be as set forth in TMC 3-1-132 of Article 1 of this chapter.

(903-CS, Amended, 06/27/1996)

3-1-903 Hours of Operation.

It shall be unlawful for any person to operate a poolroom or billiard parlor between the hours of 2:00 a.m. and 8:00 a.m. or to permit or allow any person to remain in any poolroom or billiard parlor between the hours of 2:00 a.m. and 8:00 a.m.; provided, however, the provisions of this section shall not prevent regular employees from performing necessary work within and upon the premises.

3-1-904 Intoxicating liquor sales and use: Restrictions.

(a) Minors prohibited. It shall be unlawful for any person under the age of twenty-one (21) years to visit, frequent, loiter about, or play any game in any poolroom or billiard parlor in the City wherein any intoxicating liquor is sold, served, or consumed upon the premises except where each of the following conditions has been met:

(1) The premises has been licensed by the Department of Alcoholic Beverage Control as a bona fide eating place as defined by Business and Professions Code Section 23038.

(2) A permit has been obtained under TMC 3-1-905 and the business is in compliance with the requirements of that section.

(3) No alcohol is served or consumed in the gaming area.

(4) No person under the age of eighteen (18) years is present between the hours of 10:00 p.m. and 8:00 a.m.

(5) Every person conducting or maintaining a poolroom or billiard parlor where intoxicating liquor is sold, served, or consumed shall place signs reading “No Alcohol Allowed Beyond This Point” in letters not less than two (2") inches in height at the threshold to each area(s) where intoxicating liquor is not permitted.

(1110-CS, Amended, 09/11/2008)

3-1-905 Premises permitting minors: Permits required.

(a) Applications: Investigation. Any person desiring to conduct or carry on a poolroom or billiard parlor where minors under the age of eighteen (18) years may use such facilities shall first make an application in writing to the Police Chief. The Police Chief shall immediately investigate, or cause an investigation to be made, for the purpose of determining the suitability of the premises for the use and patronage of minors under the age of eighteen (18) years, and to determine that the applicant is a proper and suitable person to conduct such premises and that the location and arrangement of the proposed place where such business is to be conducted is satisfactory.

(b) Issuance. After the Police Chief has caused such an investigation to be made and has determined that a permit may be issued, a permit may be issued by the Police Chief permitting a poolroom or billiard parlor to be visited, occupied, and used by minors under the age of eighteen (18) years, subject to the following conditions:

(1) No person under the age of eighteen (18) years shall be in, remain in, enter, or visit any poolroom or billiard parlor after the hour of 1:00 a.m. unless accompanied by a parent or guardian.

(2) No person having charge or control of any poolroom or billiard parlor shall permit or allow any such person under the age of eighteen (18) years to be in, remain in, enter, or visit any such poolroom or billiard parlor after the hour of 1:00 a.m. unless accompanied by a parent or guardian.

(3) The light at the playing level of the tables in any poolroom or billiard parlor frequented by minors under the age of eighteen (18) years shall be at least five (5) footcandles, and the area of play set aside for minors shall be completely open to full public view.

(4) Any poolroom or billiard parlor frequented by minors under the age of eighteen (18) years shall be supervised by an adult person over the age of twenty-one (21) years at all times during which any such minors are present, and such supervisor shall be responsible for the prevention of the violation of any State or other law by any occupant of the poolroom or billiard parlor.

(5) The poolroom or billiard parlor shall declare itself a non-smoking establishment pursuant to TMC 6-10-107(b).

(6) The permit holder shall observe and comply strictly with TMC 3-1-904 concerning the sale, service, and consumption of alcoholic beverages at poolrooms and billiard parlors.

(d) Appeals. Should the Police Chief deny any applicant a permit, or if such permit shall be granted and subsequently revoked or suspended by the Police Chief, the aggrieved person shall have the right to appeal as provided by Chapter 1-4 TMC.

(866-CS, Amended, 02/09/1995; 848-CS, Amended, 04/21/1994)

3-1-906 Misrepresentation of age.

It shall be unlawful for any person to misrepresent or misstate the age of any minor to any person in charge of any poolroom or billiard parlor in the City for the purpose of gaining admission for such minor to any poolroom or billiard parlor, or for the purpose of such minor being permitted to remain in or frequent, visit, or play at any such poolroom or billiard parlor.

3-1-907 Gambling prohibited.

It shall be unlawful for any person to gamble, bet, or wager in any form upon the licensed premises of any poolroom or billiard parlor.

Article 10. Skating Rinks: Regulations

3-1-1001 Public skating rink defined.

For the purposes of this chapter, “public skating rink” shall mean a place where skating is regularly conducted on certain days as a business, whether for profit or not for profit, and to which the public is admitted, either with or without charge, or at which the public is allowed to participate in the skating, either with or without charge.

3-1-1002 Permits: Required.

It shall be unlawful for any person to conduct or assist in conducting any skating rink in the City unless under and by the authority of a written permit from the Council.

3-1-1003 Permits: Applications: Issuance.

Permits to conduct skating rinks in the City may be issued by the Council upon the written application of any person for himself or on behalf of any association of persons or corporation. The Council shall first satisfy itself that the conduct of such skating rink will comport with the public welfare. For this purpose, the Council may consider any facts or evidence bearing on the place where the proposed skating rink is to be located, the character, reputation, and moral fitness of those who will be in charge of it, or any other facts or evidence enlightening the Council in this respect.

3-1-1004 Licenses: Taxes: Term.

The license taxes for skating rinks shall be as set forth in Article 1 of this chapter.

Article 11. (Not Used)

Article 12. Taxicabs: Regulations

3-1-1201 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) “Holder” shall mean a person to whom a taxicab company permit or taxicab driver’s permit has been issued.

(b) “Manifest” shall mean a daily record prepared by a taxicab driver of all trips made by such driver, showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.

(c) “Medallions” or “vehicle medallion” shall mean the official City-issued decal or applique affixed to the taxicab denoting that the taxicab is registered with the City.

(d) “Taxicab company permit” shall mean the permit issued and required by the City to the owner of a taxicab seeking to offer service within the City, or a taxicab company that is physically located within the city limits of the City of Turlock.

(e) “Taxicab driver’s permit” shall mean the permit issued by the City to the driver of a taxicab. References to the obligation of the company or driver shall apply equally to drivers who are employees, affiliates and/or subcontractors.

(f) “Taxicab” or “cab” shall mean a motor vehicle regularly engaged in the business of carrying passengers for hire and having a seating capacity of not more than eight (8) persons, excluding the driver, and not operated on a fixed route.

(g) “Taximeter” shall mean a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.

(h) “Waiting time” shall mean the time when a taxicab is not in motion, from the time of acceptance of a passenger or passengers until the time of discharge. Waiting time shall not include the time when a taxicab is not in motion because of the fault of the driver or the vehicle.

(i) “Chief of Police” shall mean the Chief of Police of the Turlock Police Department or his/her designee.

(1158-CS, Added, 10/27/2011)

3-1-1202 Taxicab permits: Exclusions.

Any person owning a taxicab or driving a taxicab seeking to operate the same in the City shall comply with this article. The taxicab company permit, described below, will authorize the owner of a taxicab or taxicab company to operate within the City, provided each driver of said taxicab(s) receives a taxicab driver’s permit. In addition, the taxicab company must secure an individual medallion for each taxicab to be registered with the Turlock Police Department.

(a) No person shall operate a taxicab for hire upon the streets of the City, and no person who owns or controls a taxicab shall permit it to be so driven, unless the owner of such taxicab and driver shall have first obtained and shall have then in force a taxicab company permit and a taxicab driver’s permit issued by the Chief of Police.

(1) Taxicab company permit. It shall be unlawful for any owner or driver to operate a taxicab in the City without first registering the taxicab with the Police Department and paying all applicable licensing and permit fees. A taxicab permit may be acquired from the Chief of Police upon presentation of the following:

(i) Submission of a complete taxicab permit application;

(ii) Proof of insurance in accordance with this chapter;

(iii) A statement indemnifying the City in accordance with this chapter;

(iv) A schedule of rates of fare which will be posted in the taxicab;

(v) Proof of vehicle ownership accompanied by a statement under penalty of perjury that the applicant is the vehicle owner or authorized representative of the owner and is authorized to legally bind the company as required by this chapter; and

(vi) Payment of the biennial permit application fee, plus an individual biennial medallion fee, should there be any, for each taxicab registered with the Police Department.

(2) Taxicab driver’s permit. It shall be unlawful for any person to operate a taxicab within the City or for any taxicab company to permit their taxi(s) to be operated in the City by a driver not licensed pursuant to this article. A driver’s permit may be acquired from the Chief of Police upon presentation of the following:

(i) A complete taxicab driver’s permit application;

(ii) A valid California driver’s license;

(iii) A statement under penalty of perjury that the driver has never been convicted of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes;

(iv) A certificate acceptable to the Police Department showing the driver passed a drug test within the previous twelve (12) months;

(v) Submission to a criminal offender records check as required by the Chief of Police of the Turlock Police Department; and

(vi) Payment of the taxicab driver’s permit fee.

(b) Each permit shall be valid for two (2) calendar years following issuance. The permits and medallions issued pursuant to this article shall be nontransferable to other taxicabs or drivers.

(c) Renewal of permits. It is the permit holder’s responsibility to renew a taxicab company or taxicab driver’s permit. The taxicab permit, driver’s permit and vehicle medallions shall be renewed biennially by the permit holder provided a complete renewal application with appropriate permit renewal fees are received by the Chief of Police or postmarked thirty (30) calendar days before the permit’s expiration date. If the application is late, determined to be incomplete or is not otherwise capable of being acted on prior to the thirty (30) day period before the expiration date, the applicant may be required to pay late fees. Holders of expired permits are not permitted to operate taxicabs in the City. If the permit lapses for more than thirty (30) calendar days after the expiration date, the applicant shall file an initial application.

(d) Exemptions. The following are exempt from the requirement to obtain a taxicab company permit:

(1) ADA paratransit providers when providing paratransit service.

(2) A charter-party carrier of passengers within the meaning of Section 5351 et seq. of the California Public Utilities Code.

(3) Any person operating or causing to be operated a taxicab while transporting a passenger(s) from a point outside to a destination within the City, or proceeding through the City to a destination outside the City.

(e) For taxicab companies physically located within the city limits of Turlock, the taxicab company shall further be required to register and operate within the parameters of all Federal, State, and local laws governing business ownership and licensing.

(1158-CS, Added, 10/27/2011)

3-1-1203 Permits: Display.

The taxicab driver’s permit shall be posted in such a place to be easily visible to all passengers, day and night. The vehicle medallion shall be on display and easily visible in the rear window of the taxicab.

(1158-CS, Added, 10/27/2011)

3-1-1204 Liability insurance: Prerequisite.

No taxicab permit shall be issued or continued in effect unless there is in full force and effect the following:

(a) Commercial general liability/automobile liability insurance. Taxicab company shall obtain and maintain commercial general liability insurance and automobile liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements).

(b) Workers’ compensation insurance. Taxicab company shall obtain and maintain statutory workers’ compensation insurance and employer’s liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements), State, or Federal mandates or requirements.

(c) Acceptability of insurers. Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to the city.

(d) Verification of coverage. Insurance, deductibles or self-insurance retentions shall be subject to City’s approval. Original certificates of insurance with endorsements shall be received and approved by the City before a permit is issued.

(e) Other insurance provisions.

(1) The City of Turlock, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds by Endorsement CG 20 10 11 85 or its equivalent, as approved by the City’s Risk Manager for commercial general and automobile liability coverage.

(2) For any claims related to this application, taxicab company’s insurance coverage shall be primary and any insurance or self-insurance maintained by the city, its elective and appointive boards, officers, agents, employees and volunteers shall not contribute to it.

(3) Each insurance policy required shall be endorsed to give a thirty (30) day notice to the Chief of Police in the event of cancellation or modification to the stipulated insurance coverage.

(4) Approval of the insurance by the Chief of Police or acceptance of the certificate of insurance by the Chief of Police shall not relieve or decrease the extent to which taxicab company may be held responsible for payment of damages resulting from taxicab company’s services or operation pursuant to this article, nor shall it be deemed a waiver of the City’s rights to insurance coverage hereunder.

(5) If, for any reason, taxicab company fails to maintain insurance coverage that is required pursuant to this article, the Chief of Police may suspend or revoke the taxicab company’s permit(s).

(6) The permit holder is responsible to keep the Chief of Police informed of deletions and additions of vehicles to the insurance schedule when changes are made during the year.

It shall be a misdemeanor to operate a taxicab business without insurance coverage as specified in this section.

(1158-CS, Added, 10/27/2011)

3-1-1205 Indemnification/hold harmless.

The taxicab company shall defend, indemnify and hold the City of Turlock, its elective and appointive boards, officers, agents, employees, and volunteers harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage, and death, which may arise from taxicab company or taxicab company’s contractors, subcontractors, agents, or employees’ operations under this agreement. The City shall cooperate reasonably in the defense of any action, and taxicab company shall employ competent counsel acceptable to the City Attorney.

(1158-CS, Added, 10/27/2011)

3-1-1206 Insurance: Failure to meet requirements.

If, at any time, in the judgment of the Chief of Police, the taxicab auto liability insurance policy for the holder does not meet the requirements set forth in TMC 3-1-1204, the Chief of Police may suspend the permit until the Chief of Police has received satisfactory proof that the holder has obtained insurance which meets such requirements. The Chief of Police may also revoke a permit for repeated violations of this section.

(1158-CS, Added, 10/27/2011)

3-1-1207 Permits: Denial, suspension, and revocation.

(a) A taxicab permit may be suspended or revoked by the Chief of Police if the holder thereof has:

(1) Violated any of the provisions of this Code, including this chapter.

(2) Violated any provision of State or Federal law, subsequent to the provisions of this chapter.

(3) Made a materially false or misleading statement or omission of fact on any permit application, or renewal application, or in any supplementary materials submitted therewith.

(b) When a decision to suspend has been made, the permit holder shall be given notice of the suspension and the reason(s) therefor. Should the holder wish to contest the action, they may request an appeal hearing pursuant to TMC 3-1-1223.

(c) Should the permit renewal date come while a permit is suspended, the holder shall follow renewal procedures specified in TMC 3-1-1202 for reactivation of the permit.

(d) Revocation of said permit(s) may occur for repeated or serious violation(s) of this chapter or State law; or for conviction of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes.

(1158-CS, Added, 10/27/2011)

3-1-1208 Effective date of suspension.

Any suspension of a permit shall become effective immediately upon delivery of the written decision of the Chief of Police to the holder at the most recent home or business address on file with the City, or within five (5) days of the deposit of such decision addressed to the holder into the United States mail by certified mail.

(1158-CS, Added, 10/27/2011)

3-1-1209 Surrender of suspended or revoked permit.

Upon a written decision suspending a taxicab permit, the permit shall immediately be surrendered to the Chief of Police. Once the reasons for suspension are duly remedied and the period of suspension, if applicable, has expired, the Chief of Police shall return the permit.

(1158-CS, Added, 10/27/2011)

3-1-1210 Effect of suspension or revocation.

It shall be unlawful for any person to operate a taxicab during a period in which the taxicab permit for the vehicle has been suspended or revoked.

(1158-CS, Added, 10/27/2011)

3-1-1211 Drivers to comply with City, State, and Federal laws: Penalty.

Every permit holder under this article shall comply with all City, State, and Federal laws. Violations shall justify the suspension or revocation of the taxicab and/or driver’s permit(s).

(1158-CS, Added, 10/27/2011)

3-1-1212 Equipment and maintenance of vehicles.

(a) All taxicabs operating in the City shall adhere to State and Federal laws regarding vehicle maintenance.

(b) It shall be unlawful for a holder to operate, cause to be operated, or permit to be operated any taxicab when it is not in a safe operating condition.

(c) A taxicab permit holder shall obtain an annual mechanical safety inspection of all permitted taxicabs. At a minimum, the inspection shall include a mechanic’s certification that the windshield wipers, defroster, braking system, emergency brake, lighting system, glass, tires, exhaust system, spare tire and jack, driver displays (e.g., gear shift indicator, speedometer, engine warnings), steering system, suspension system, mirrors, horn, seat belts, seats, door/window handles and locks, heating system, and body panels are in good working order. A copy of the inspection report shall be carried in the vehicle and produced to the police upon request. The permit holder shall maintain the inspection records for each vehicle for a period of no less than one (1) year after the vehicle is no longer permitted by the City.

(d) Any City police officer, or reserve police officer, having reasonable cause to believe that any taxicab or combination of taxicabs is not equipped as required by this Code, the California Vehicle Code, or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the Code.

(1158-CS, Added, 10/27/2011)

3-1-1213 Taximeters.

All taxicabs operated under the authority of this article shall be equipped with taximeters which conform to all applicable requirements of State of California laws and regulations and shall be sealed by a California County Sealer of Weights and Measures. All taximeters shall be fastened so as to be clearly visible to passengers at all times of day and night. The taximeter shall be subject to inspection from time to time by the City and a California County Sealer of Weights and Measures. Such inspection may be initiated by complaint of a private citizen. If an inspection results in the finding of a faulty meter, the taxicab company permit shall be suspended until such time as the meter can be repaired and approved by a California County Sealer of Weights and Measures, and all other taxicabs of that company licensed or operating in Turlock can be checked for compliance.

(1158-CS, Added, 10/27/2011)

3-1-1214 Rates of fare.

The licensee shall furnish service on a meter and service charge basis. A true and correct schedule of rates of fare to be charged for the transportation of passengers in any and all vehicles operated by said permit holder shall be filed with the application for a permit. A schedule of such fares shall be posted conspicuously in each vehicle operated by said permit holder and shall be visible to all passengers, day and night.

It shall be unlawful to charge, collect, or receive any other or different compensation for the use of such taxicab than that specified in the tariff or fare schedule so on file and at the time in effect, excepting tips.

(1158-CS, Added, 10/27/2011)

3-1-1215 Receipts for fares.

Upon a passenger’s request, the driver of any taxicab shall render to such passenger a receipt that shall include the following information:

(a) The amount charged;

(b) The name of the permit holder or name of the business;

(d) The date of transaction.

(1158-CS, Added, 10/27/2011)

3-1-1216 Refusal of passenger to pay legal fare.

It shall be unlawful for any person to refuse to pay the legal fare after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the fare for such service.

(1158-CS, Added, 10/27/2011)

3-1-1217 Solicitation, acceptance, and discharge of passengers.

(a) No driver shall solicit patronage to the annoyance of any person nor obstruct the movement of any persons, nor follow any person for the purpose of soliciting patronage.

(b) No additional passenger shall be accepted by a taxicab driver without the consent of the person or persons first employing the taxicab. No charge shall be made for any additional passenger except when the additional passenger rides beyond the previous passenger’s destination, and then only for the additional distance so traveled. A “double” charge made by the driver is prohibited.

(c) No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his/her taxicab, as stated in the taxicab permit.

(d) No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this article to do so. Any such refusal or neglect by the driver shall render him/her guilty of a violation of this article, in addition to any punishments otherwise provided by law.

(e) Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger or passengers safely and expeditiously to their destination, unless otherwise directed by the passenger or passengers.

(1158-CS, Added, 10/27/2011)

3-1-1218 Establishment and use of open taxi stands.

(a) The Traffic Engineer shall be authorized and empowered to establish taxi stands in such place or places upon the streets of the City as he/she deems necessary for the use of taxicabs operated in the City. The Traffic Engineer shall prescribe the number of cabs that shall occupy taxi stands.

(b) Taxi stands shall be used by the different drivers on a first-come first-served basis. Drivers shall stay within twenty (20) feet of their cab and they shall not solicit passengers or engage in loud or boisterous talk while at a taxi stand.

(c) The City shall paint the curbs in areas designated as taxicab stands by the Traffic Engineer. The costs of painting such curbs shall be borne by the City.

(1158-CS, Added, 10/27/2011)

3-1-1219 Use of City parking lots.

No permit holder shall park or permit to be parked a taxicab in a City parking lot while waiting for a patron. For the purpose of this section, a taxicab is waiting for a patron if the driver is not otherwise engaged in an activity and/or is available for hire.

(1158-CS, Added, 10/27/2011)

3-1-1220 Use of stands by unauthorized vehicles.

Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as taxicab stands.

(1158-CS, Added, 10/27/2011)

3-1-1221 Trip manifests.

Every driver shall maintain a daily manifest upon which is recorded all trips made each day, showing time and place of origin and destination of each trip, and amount of fare. All such completed manifests shall be returned to the permit holder by the driver at the conclusion of his/her tour of duty. The forms of each manifest shall be furnished to the driver by the permit holder and shall be of a type and form approved by the City.

Every holder of a taxicab company permit shall retain and preserve all drivers’ manifests in a safe place for at least one (1) calendar year, and such manifests shall be available to the Chief of Police for inspection at all reasonable hours.

(1158-CS, Added, 10/27/2011)

3-1-1222 Records of permit holder: Report of accidents.

(a) Every permit holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operating information as may be required under the terms of this article. Every holder shall maintain the records containing such information and other data required by this article at a place readily accessible for examination by the Chief of Police at all reasonable hours.

(b) All accidents arising from or in connection with the operation of taxicabs permitted by the Police Department which occur on a street/highway or private property, regardless of jurisdiction, shall be reported to the Police Department within three (3) days if there was an injury, death, or property damage in excess of the amount reportable to the California Department of Motor Vehicles. This reporting is in addition to any other report filed with a law enforcement agency, insurance company, or California Department of Motor Vehicles.

(c) Every holder of a taxicab company permit shall keep and maintain at all times a complete and accurate record of all drivers employed by the holder, which record shall show in detail the names, home addresses, and the beginning and separation dates of employment of the drivers, the taxicab or taxicabs driven by such drivers, and the hours during which such drivers were on duty during each day or night of their employment. Such records shall be provided to the Chief of Police at any time upon demand and shall be retained for a period of at least five (5) years after the driver’s separation from the taxicab company. Upon separation of the employment of any driver, the holder shall surrender the driver’s permit to the Police Department.

(d) Every holder of a taxicab permit shall require employed drivers to submit a certificate showing the driver passed a drug test within the previous twelve (12) months. The drug test shall be completed by a certified laboratory meeting standards consistent with the U.S. Department of Health and Human Services and in compliance with U.S. Department of Transportation’s Rule 49, Code of Federal Regulations Part 40. Evidence of completion shall be required annually and these records shall be provided to the Chief of Police upon request and retained by the holder with other employment records specified in subsection (c) of this section.

(1158-CS, Added, 10/27/2011)

3-1-1223 Hearing and appeal procedures.

Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed, and the length of any suspension. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.

(1158-CS, Added, 10/27/2011)

3-1-1224 Denial of permit.

The following shall be among the criteria for denial, suspension, or revocation of a permit:

(a) The application is not complete.

(b) The application contains fraudulent or misleading statements or omissions of facts.

(c) The applicant is not qualified or able to safely operate a taxicab in accordance with the laws of the State of California and the requirements of this article.

(d) The applicant has been convicted of reckless driving, driving under the influence in the past ten (10) years, or has previously been convicted of vehicular manslaughter.

(e) The applicant has been convicted of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes.

(f) The applicant has been convicted of two (2) moving violations within twelve (12) months of the application/renewal.

If the application is denied, the applicant may appeal to the City Manager as set forth in TMC 3-1-1223.

(1158-CS, Added, 10/27/2011)

3-1-1225 Enforcement.

The Chief of Police may conduct periodic inspections of taxicab companies and taxicabs to ensure the permit holder and its permitted vehicles are in compliance with the provisions of this Code. Permit holders shall display records, allow inspection of vehicles, and comply with providing proof of compliance with this Code. The provisions of this article shall be enforced by the City Manager. Any violation of this article may result in any or all of the following:

(a) Fine;

(b) Infraction or misdemeanor charge in addition to all other available legal remedies;

(d) Suspension of taxicab or driver’s permit; or

(e) Revocation of the taxicab and/or driver’s license.

(1158-CS, Added, 10/27/2011)

3-1-1226 Rules and regulations.

The Chief of Police is hereby authorized to promulgate administrative rules, regulations, and interpretations to implement this article. Said rules, regulations, and interpretations may include, but are not limited to, revisions to the terms or limits of the required insurances, the application process, requirements of operation, etc. Once promulgated, they shall have the force of law as an embodiment of this section.

(1158-CS, Added, 10/27/2011)

Article 13. Pedicabs: Regulations

3-1-1301 Purpose.

The City finds that regulations governing pedicabs and the owners and drivers of pedicabs are necessary to protect the general safety and welfare of passengers using pedicabs for hire and pedestrians and motorists within the City.

(1293-CS, Added, 10/13/2022)

3-1-1302 Definitions.

For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:

(a) “Alcoholic beverages” has the same meaning as defined in California Business and Professions Code Section 23004.

(b) “Police Chief” means the Police Chief or the Police Chief’s designee.

(d) “Identification badge” means a badge issued by the City that identifies the pedicab driver with a color photo.

(e) “Operates within the City” means the soliciting, accepting, picking up, or embarking within the City limits a passenger for transportation to any point within or outside the City for any form of consideration.

(f) “Pedicab” means any of the following:

(1) A bicycle (as defined in California Vehicle Code Section 231) that has three (3) or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by an individual, and that is used for transporting passengers for any form of consideration.

(2) A bicycle (as defined in California Vehicle Code Section 231) that pulls a trailer, sidecar or similar device that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar or similar device, that is operated by an individual, and that is used for transporting passengers for any form of consideration.

(3) A four (4) wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight (8) or more passengers, cannot travel in excess of fifteen (15) miles per hour, and is being used for transporting passengers for any form of consideration.

(g) “Pedicab driver” or “driver” means an individual who drives or operates a pedicab within the City, whether as an owner, an employee of the owner, or as an independent contractor.

(h) “Pedicab driver permit” means a written permit issued by the City authorizing a person to drive or operate a pedicab within the City.

(i) “Pedicab owner” or “owner” means any person who owns, leases, or possesses a pedicab.

(j) “Pedicab vehicle permit” means the numbered permit issued by the City of Turlock for display on a pedicab to indicate that the pedicab is permitted to operate within the City.

(k) “Pedicab vehicle sticker” means the pedicab identification sticker issued by the City of Turlock.

(1293-CS, Added, 10/13/2022)

3-1-1303 Permits required.

Any person owning a pedicab or driving a pedicab seeking to operate the same in the City shall comply with this article. The pedicab vehicle permit, described below, will authorize the vehicle to operate within the City, provided each driver of said pedicab(s) receives a pedicab driver’s permit. In addition, the pedicab company must secure an individual approval and sticker for each pedicab to be registered with the Turlock Police Department.

(a) No person shall operate a pedicab for hire in the City, and no person who owns or controls a pedicab shall permit it to be so driven, unless the owner of such pedicab and driver shall have first obtained and shall have then in force a pedicab vehicle permit and a pedicab driver’s permit issued by the Chief of Police. Pedicab driver and vehicle permits are the property of the City and are not transferable to any other person. Pedicab driver and vehicle permits must be provided to law enforcement upon request.

(b) All pedicab permits shall be valid for a period of one (1) year from the date of issuance. Pedicab permits shall be renewable annually upon the filing and approval of a new application and payment of the annual pedicab vehicle and/or driver permit fee. The permits and stickers issued pursuant to this article shall be nontransferable to other pedicabs or drivers.

(c) Renewal of permits. It is the permit holder’s responsibility to renew a pedicab vehicle or pedicab driver’s permit. A complete renewal application with appropriate permit renewal fees shall be received by the Chief of Police thirty (30) calendar days before the permit’s expiration date. If the application is late, determined to be incomplete or is not otherwise capable of being acted on prior to the thirty (30) day period before the expiration date, the applicant may be required to pay late fees. Holders of expired permits are not permitted to operate pedicabs in the City. If the permit lapses for more than thirty (30) calendar days after the expiration date, the applicant shall file an initial application.

(d) For pedicab companies physically located within the City limits of Turlock, the pedicab company shall further be required to register and operate within the parameters of all Federal, State, and local laws governing business ownership and licensing.

(e) Each applicant must sign the application. The application may be denied or the permit suspended, modified, or revoked if the applicant misrepresents facts relevant to the fitness of the applicant to be granted a pedicab driver permit or pedicab vehicle permit.

(f) The Police Chief, or designee, shall investigate the facts stated in an application for a pedicab driver permit and other relevant data to determine if the permit shall be granted.

(1) Pedicab driver permit. It shall be unlawful for any person to operate a pedicab within the City or for any pedicab company to permit their pedicab(s) to be operated in the City by a driver not licensed pursuant to this article. A driver’s permit may be acquired at the discretion of the Chief of Police, or their designee, upon submission and completion of the following:

(i) A complete pedicab driver’s permit application in a form prescribed by the Police Chief or designee;

(ii) A valid California driver’s license;

(iii) Proof that the applicant is twenty-one (21) years of age or older;

(iv) A complete set of the applicant’s fingerprints and payment of the applicable fingerprint or background check fee and authorization for the City to conduct a comprehensive background check of the applicant; and

(v) Payment of the pedicab driver’s permit fee;

(2) Pedicab vehicle permit. It shall be unlawful for any owner or driver to lease, rent or operate a pedicab in the City without first registering the pedicab with the Police Department and paying all applicable licensing and permit fees. A pedicab permit may be acquired at the discretion of the Chief of Police, or their designee, upon submission and completion of the following:

(i) A complete pedicab vehicle permit application in a form prescribed by the Police Chief or designee;

(ii) Payment of the pedicab vehicle permit fee;

(iii) The full name, business and residence address, and phone number of the applicant;

(iv) The name and address of all legal and registered owners of the pedicab;

(vi) A description of the pedicab, including trade name, if any, serial number or owner identification number, body style, and color scheme;

(vii) Seating capacity of the pedicab;

(viii) A statement indemnifying the City in accordance with this chapter; and

(ix) Proof of insurance in accordance with this chapter.

(1293-CS, Added, 10/13/2022)

3-1-1304 Driver’s license: Required.

No person shall drive or operate a pedicab unless he or she is currently and validly licensed by the State of California to drive a motor vehicle. A pedicab driver shall have his or her current valid motor vehicle driver’s license issued by the State of California on his or her person at all times while driving or operating a pedicab. A pedicab operator shall report a change in the status of his or her driver’s license to the City within three (3) business days of the change.

(1293-CS, Added, 10/13/2022)

3-1-1305 Permits: Display.

The pedicab vehicle permit shall be permanently affixed in a conspicuous and visible location within the pedicab. The pedicab vehicle sticker shall be permanently affixed in a conspicuous and visible location on the outside of the pedicab. Pedicab vehicle permits and stickers are the property of the City and are not transferable to any other pedicab.

(1293-CS, Added, 10/13/2022)

3-1-1306 Pedicab vehicle permit: Issuance.

Pedicab vehicle permits will be issued only after the pedicab has been inspected and approved by the Chief of Police or their designee. Pedicabs must have all of the following:

(a) A battery-operated headlight capable of projecting a beam of white light for a distance of three hundred (300) feet and permanently affixed to the pedicab. The light may be removable and rechargeable;

(b) Battery-operated taillights permanently affixed on the right and the left at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within five hundred (500) feet to the rear of the pedicab;

(d) Seat belts and seat backs for each available passenger; and

(e) Those requirements related to bicycles set forth in California Vehicle Code Section 21201. In addition to the requirements in subsection (a) of this section, four (4) wheeled pedicabs are required to comply with the requirements set forth in California Vehicle Code Section 21215.

(1293-CS, Added, 10/13/2022)

3-1-1307 Rates of fare.

The licensee shall furnish the service charge basis. A true and correct schedule of rates of fare to be charged for the transportation of passengers in any and all vehicles operated by said permit holder shall be filed with the application for a permit. A schedule of such fares shall be permanently affixed to the outside thereof, in a place readily seen by passengers, a frame covered with clear plastic, or similar material, enclosing a card upon which shall be printed in plain, legible letters the schedule of rates authorized for carriage in such pedicab and shall be visible to all passengers, day and night.

It shall be unlawful to charge, collect, or receive any other or different compensation for the use of such pedicab than that specified in the tariff or fare schedule so on file and at the time in effect, excepting tips. It is unlawful for a pedicab driver to deceive any passenger who rides in the vehicle, or who expresses a desire to ride in such vehicle, as to that passenger’s destination or the rate to be charged.

(1293-CS, Added, 10/13/2022)

3-1-1308 Liability insurance: Prerequisite.

No pedicab permit shall be issued or continued in effect unless there is in full force and effect the following:

(a) Commercial general liability insurance policy insuring the public against any loss or damage that may result to any person or property from the operation of the pedicab. Coverage shall include all drivers, whether employees or independent contractors. Pedicab company shall obtain and maintain commercial general liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements) and all applicable provisions of the California Vehicle Code.

(b) Workers’ compensation insurance. Pedicab company shall obtain and maintain statutory workers’ compensation insurance and employer’s liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements), State, or Federal mandates or requirements.

(c) Acceptability of insurers. Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to the City.

(e) Other insurance provisions.

(2) For any claims related to this application, pedicab company’s insurance coverage shall be primary and any insurance or self-insurance maintained by the City, its elective and appointive boards, officers, agents, employees and volunteers shall not contribute to it.

(3) Each insurance policy required shall be endorsed to give a thirty (30) day notice to the Chief of Police in the event of cancellation or modification to the stipulated insurance coverage.

(4) Approval of the insurance by the Chief of Police or acceptance of the certificate of insurance by the Chief of Police shall not relieve or decrease the extent to which pedicab company may be held responsible for payment of damages resulting from pedicab company’s services or operation pursuant to this article, nor shall it be deemed a waiver of the City’s rights to insurance coverage hereunder.

(5) If, for any reason, pedicab company fails to maintain insurance coverage that is required pursuant to this article, the Chief of Police may suspend or revoke the pedicab company’s permit(s).

(6) The permit holder is responsible to keep the Chief of Police informed of deletions and additions of vehicles to the insurance schedule when changes are made during the year.

(f) Proof of insurance must be provided to law enforcement upon request.

(1293-CS, Added, 10/13/2022)

3-1-1309 Indemnification/hold harmless.

The pedicab company shall defend, indemnify and hold the City of Turlock, its elective and appointive boards, officers, agents, employees, and volunteers harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage, and death, which may arise from pedicab company or pedicab company’s contractors, subcontractors, agents, or employees’ operations under this agreement. The City shall cooperate reasonably in the defense of any action, and pedicab company shall employ competent counsel acceptable to the City Attorney.

(1293-CS, Added, 10/13/2022)

3-1-1310 Insurance: Failure to meet requirements.

If, at any time, in the judgment of the Chief of Police, the pedicab insurance policy for the holder does not meet the requirements set forth in TMC 3-1-1204, the Chief of Police may suspend the permit until the Chief of Police has received satisfactory proof that the holder has obtained insurance which meets such requirements. The Chief of Police may also revoke a permit for repeated violations of this section.

(1293-CS, Added, 10/13/2022)

3-1-1311 Report of accidents.

(a) A pedicab driver shall comply with all California Vehicle Code regulations and shall immediately report any accident or collision in which he or she is involved while operating a pedicab, which results in property damage or personal injury of any kind, to the owner of the pedicab involved in the accident or collision.

(b) A pedicab owner whose pedicab is involved in any accident or collision resulting in property damage or personal injury of any kind shall within forty-eight (48) hours of being informed of the accident or collision give a written report thereof to the Police Chief. A copy of a report required under State law shall be deemed sufficient for such purposes; otherwise, such report shall contain all information required with respect to reports otherwise required under State law.

(1293-CS, Added, 10/13/2022)

3-1-1312 Rules and regulations.

(a) All pedicabs shall be operated according to the provisions of this chapter, the applicable provisions of the California Vehicle Code and this code governing the operation of bicycles, and all other applicable State and Federal laws. No person shall ride, travel, park, or otherwise operate a pedicab on any sidewalk. When traveling or otherwise operating on any public way pedicab drivers shall yield to pedestrians. No pedicab shall be operated in weather conditions that pose an unreasonable safety risk to the drivers or passengers of the pedicab, or to other motorists or pedestrians.

(b) No owner or driver of a pedicab shall knowingly permit such pedicab to be used for unlawful purposes or knowingly to transport persons for such purposes.

(c) Every pedicab operating under this chapter will be inspected by the Police Chief, or designee, at such intervals as may be established by the Police Chief, to ensure the continued maintenance of safe operating conditions. Such pedicabs shall be maintained in working order and good repair. Maintenance and repair records for each pedicab shall be retained for at least one (1) year after such maintenance and repair has been completed, and such records shall be made available to the City upon request.

(d) For the purpose of immediately loading or unloading passengers, a pedicab may remain standing upon a street if the pedicab is in any legal parking stall, designated loading zone, or any other location that does not impede pedestrian or vehicular traffic. Otherwise, a pedicab driver must comply with on-street parking regulations regarding loading zones, fire zones, spaces designated for carriages, taxis, buses, the disabled, and metered parking spaces. The Police Chief may set forth specific additional locations where pedicabs are allowed to park or stand. No pedicab driver shall leave a pedicab unattended, while in operation for the solicitation or transportation of passengers, for a period of more than fifteen (15) minutes at a time unless parked in one of those specific locations identified by the Police Chief.

(e) Pedicab owners shall maintain an operational log for each pedicab owned and operated under that owner’s pedicab vehicle permit. The operational log shall list the dates and times of the operation of each pedicab, and the name of any pedicab driver operating the pedicab during those dates and times. The operational log shall be provided to the Chief of Police or designee or authorized City representative upon request and within twenty-four (24) hours.

(f) Pedicab owners shall establish a procedure for the collection, retention and return of lost property found in each pedicab. Pedicab owners and pedicab drivers shall also be diligent and courteous in responding to and resolving inquiries and complaints from passengers, City officials and members of the general public regarding the operation of pedicabs owned or operated by them. Pedicab owners shall respond to inquiries about lost property within five (5) business days.

(g) The Police Chief, or designee, may promulgate rules and restrictions regarding the times when and locations where pedicabs may be driven and operated within the City, as well as the location of any pedicab stand used for pick-up and drop-off of passengers, the appearance and maintenance of pedicabs and pedicab drivers, and other matters pertaining to the operation of pedicabs. The Police Chief shall ensure that each pedicab owner is given an updated version of such restrictions. It is unlawful for any pedicab owner or pedicab driver to drive or operate a pedicab, or allow a pedicab to be driven or operated, in violation of these restrictions.

(h) Pedicab owners, pedicab drivers, and pedicab vehicles are subject to all applicable City, County, State, and Federal laws, rules, and regulations.

(i) Pedicabs shall be operated as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn.

(j) A four (4) wheeled pedicab shall have a seating capacity for not more than fifteen (15) persons.

(k) A four (4) wheeled pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails.

(l) It is unlawful to operate a pedicab, if said operator is under twenty-one (21) years of age.

(m) It is unlawful to operate a pedicab without a valid California driver’s license.

(n) It is unlawful to operate a pedicab on a street with a posted speed limit in excess of thirty (30) miles per hour, except to cross the street at an intersection.

(o) It is unlawful to operate a pedicab unless all passengers are restrained by seatbelts.

(p) It is unlawful to operate a pedicab while carrying a number of passengers that exceeds the number of available seats.

(q) It is unlawful to operate a pedicab on any overcrossing.

(r) It is unlawful to operate a pedicab upon a sidewalk except as may be necessary to enter or leave adjacent property.

(s) It is unlawful to operate a pedicab on any residential street after 10:00 p.m. and within commercial areas after midnight. The Police Chief may adjust the permitted hours of operation if noise complaints or other health and safety concerns arise.

(t) It is unlawful to stop or block traffic in order to drop off or pick up passengers. All passengers must enter and exit pedicabs off of the roadway and in a manner that does not impede traffic or create traffic congestion.

(u) It is unlawful to operate a pedicab without a City-approved insurance policy in full force and effect at all times during the operation of the pedicab.

(v) It is unlawful to operate a pedicab that has broken or inactive equipment, or is otherwise in an unsafe operating condition.

(1293-CS, Added, 10/13/2022)

3-1-1313 Pedicab impound.

Pedicab owners and pedicab drivers are subject to applicable impound provisions in California Vehicle Code Section 22651. Pedicab owners and pedicab drivers are subject to the same rights and responsibilities as a driver of a moving vehicle as it relates to pedicab impounds.

(a) Pedicabs subject to impound may be removed by police contract tow companies and are subject to City of Turlock tow fees. Any peace officer, police officer, or parking enforcement officer engaged in traffic or parking enforcement may remove or impound a pedicab under any of the following circumstances:

(1) When an operator is issued a citation for a violation of this article.

(2) When an operator is arrested and taken into custody;

(3) When an operator is physically incapacitated to the extent the operator is unable to safely operate the pedicab;

(4) When a pedicab is parked or left standing upon a City street or sidewalk so as to obstruct the normal movement of vehicles or pedestrians or in a condition that creates a hazard; or

(b) An owner of a pedicab removed pursuant to this section shall be provided an opportunity for a post-storage hearing to determine the validity of the storage, in accordance with California Vehicle Code Section 22852. The impounding agency shall have the burden of establishing the validity of the removal.

(1293-CS, Added, 10/13/2022)

3-1-1314 Consumption of alcoholic and other beverages.

The consumption of alcoholic and other beverages on any pedicab, as defined in VEH 467.5 and this article is subject to the regulations set forth in this section.

(a) In addition to the driver, an onboard safety monitor who is twenty-one (21) years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the four (4) wheeled pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 of the California Vehicle Code during the operation of the four (4) wheeled pedicab.

(b) Both the operator and the onboard safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. Operators and onboard safety monitors must carry proof of completion of a LEAD or LEAD equivalent certification and shall present it to law enforcement upon request.

(c) Alcoholic beverages shall not be provided by the operator or onboard safety monitor of the pedicab or any employee or agent of the operator or onboard safety monitor. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab.

(d) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab.

(e) The only alcoholic beverages allowed on board the four (4) wheeled pedicab are beer with less than seven (7%) percent ABV and boxed wine, with a limit of thirty-six (36) ounces of beer or eighteen (18) ounces of boxed wine per passenger.

(f) No hard liquor, premixed drinks, or gelatin-based alcohol shots are permitted on the pedicab at any time.

(g) No glass bottles or other glass containers for alcoholic and other beverages are permitted on pedicab at any time.

(h) All passengers shall be twenty-one (21) years of age or older if alcohol is consumed during operation of the pedicab.

(i) For purposes of this section, passengers who are pedaling are not operators of the pedicab.

(1293-CS, Added, 10/13/2022)

3-1-1315 Enforcement.

The Police Chief, or designee, is authorized to administer and enforce the provisions of this chapter. The Police Chief, or designee, may exercise any enforcement powers as provided in this code.

(a) In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 2-11 TMC.

(b) Violations of this chapter are hereby declared to be a public nuisance.

(c) Unless otherwise specified by law, any person who violates a provision of this chapter is guilty of an infraction, punishable by a fine in accordance with Section 36900 of the California Government Code.

(d) All remedies prescribed under this chapter shall be cumulative and the election of one (1) or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

(1293-CS, Added, 10/13/2022)

3-1-1316 Denial, suspension, and revocation of permit.

The Police Chief, or designee, may deny issuance, suspend, or revoke a pedicab owner permit or pedicab vehicle permit if an applicant for such permit:

(a) Fails to comply with the requirements of this chapter;

(b) Misrepresents facts relevant to the fitness of the applicant;

(d) Has been convicted of a crime involving moral turpitude or narcotics, or is required to register pursuant to California Health and Safety Code Section 11590(a);

(e) Has been convicted for hit and run, driving a vehicle recklessly, or while under the influence of intoxicating alcohol or drugs within the seven (7) years immediately preceding application for a pedicab owner permit or pedicab driver permit;

(f) Has been convicted of any vehicle related crimes, misdemeanors or infractions;

(g) Fails to maintain the pedicab in good order and repair.

(1293-CS, Added, 10/13/2022)

3-1-1317 Hearing and appeal procedures.

Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed, and the length of any suspension. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.

(1293-CS, Added, 10/13/2022)