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Ordinance 1985-07ORDINANCE NO. 85-7 AN OP~INANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CITY CODE CHAPTER 13 PERTAINING TO LICENSES AND RELATED PROVISIONS. The City Council of the City of Gilroy does ordain as follows: Section 1. Section 13.1, subparagraph (b) is amended to read: (b) Fixed place of business: The term, "fixed place of business" is d~fined to be the premises within the city where a busi- ness is continuously conducted from day to day and regularly kept open for the purposes of such business, and is intended to and shall include apartment houses, auto courts, hotels, inns, motels, motor courts, group residences and trailer parks. Every business not conducted at a "fixed place of business" is, for the purposes of this chapter, termed a "transient business", whether the person conducting such transient business is, or is not, a resident of the city. Every person engaging in any "transient business" in the city, as herein defined, and who has procured a license therefor, shall have the right to sell the goods, ware or merchandise or engage in the business for which such "transient license" was issued at a fixed place of business without procuring any additional license therfor. Every person engaging in a business at a "fixed place of business" in the city, as herein defined, and who has procured a license therefor~ shall have the right to deliver the goods, wares or merchandise for which such license was issued, at any place in the city, without procuring any additional license therefor. In the issuance of "transient licenses" and licenses for "fixed places of business" no discrimination or distinction shall ever be made against non-residents of the city in favor of residents of the city, and residents and nonresidents of the city shall be entitled to equal rights in all matters relating to the issuances of licenses. ORDINANCE NO. 85-7 -1- No business shall be conducted at any fixed place of business within any district in the city where such business is pro- hibited by the zoning laws of the city, and no license shall be issued for any place of business unless the zoning laws of the city permit or allow such business to be conducted at the location for which application for license is made. Section 2. Section 13.1, subparagraphs (f) and (h) are hereby repealed. Section 3. Section 13.5 is amended to read: Sec. 13.5 Issuance; co~ent~. It shall be the duty of the license collector to issue a license under this chapter for every person liable to pay a license hereunder, and to state in each license the period of time covered thereby, the name of the person to whom issued, the name of the business licensed, the character of business licensed, and the location or place of business where the same is to be carried on. Section 4. Section 13.11 is amended to read: Sec. 13.11. Determination of gross annual receipts - Generally. On the first day of January of each year, every person, required to pay a general business license tax as provided by section 13.39 shall file with the license collector a verified affidavit in writing, showing the gross annual receipts of the business of such person for which a license tax is required to be paid, for the previous year. If the business be owned, conducted, or carried on, by a corporation, such affidavit must be sworn to and filed by its president, vice-president, secretary, assistant secretary, treasurer, assistant treasurer, chief accounting officer, or managing agent. ORDINANCE NO. 85-7 -2- Section 5. Section 13.12 is amended to read: Sec. 13.12. Same -' Exar~i~ation of~ books and papers. The license collector, or any deputy license collector, may, in all cases, examine the books and accounts of any person required to file such affidavit, for the purpose of verifying the same or for the purpose of determining the amount of gross receipts of such person. If any person owning, conducting, or carrying on, any business in the city, and required to file such affidavit as provided in this chapter, shall fail, neglect, or refuse to file any such affidavit with the license collector within thirty days after the same is required to be filed as herein provided, or shall fail or refuse to permit the license collector, or any deputy license collector, to examine the books and accounts of such business for the purpose of verifying any filed affidavit or determining the amount of gross receipts, the license collector shall arbitrarily assess the license tax on such business at the rate of two thousand dollars per year until such affidavit is filed, examina- tion of books and accounts permitted and the proper fee and penalties are determined and paid. Section 6. Section 13.15 is amended to read: Sec. 13.15. Signature of mayor; ~0~ntersignature Ail licenses issued under the provisions of this chapter shall be signed by the mayor and countersigned by the city clerk. Section 7. Section 13.16 is amended to read: Sec. 13.16. Record of licenses issued. The license collector shall keep in his office a license record in which shall be entered the names of all persons to whom a license is issued under the provisions of this chapter, the date of issuance of such license, the nature of the business, show, exhibition or game, thereby licensed, the time for which the license is issued, the amount of license tax paid therefor, the loca- tion or place of business where the same is to be carried on, and the name of such business. ORDINANCE NO. 85-7 -3- Section 8. Section 13.17 is amended to read: Sec. 13.17. License collector; enforcement. The license collector shall make diligent effort to discover all persons engaged in conducting or carrying on any business or game or exhibition or exhibiting any show, in the city, for which a license is required by the provisions of this chapter, and shall enforce collection of all unpaid license fees. Section 9. Section 13.18 is amended to read: Sec. 13.18. Police officers and building inspectors, ex off{cio'license inspectors - ~enerally. In addition to the other duties imposed upon them by law, all police officers and building inspectors of the city shall be ex officio license inspectors and shall exercise due diligence to cause the provisions of this chapter to be carried into effect, and shall, upon the request of the city attorney, procure for such evidence as may be required for the prosecution of any civil or criminal action brought under the provisions of this chapter. Section 10. Section 13.19 is amended to read: Sec. 13.19. Same- Written report. Every police officer shall examine and ascertain whether every business, show, exhibition and game requiring a license, which may come to his knowledge, is duly licensed; and shall forthwith report in writing to the license collector the name of any person whom he may discover engaged in, conducting or carrying on any such busi- ness or game or exhibiting any such show or exhibition without having the license therefor required by law. Section 11. Section 13.20 is amended to read: Sec. 13.20. Suits for delinquent license fees - Generally. Against any person who engages in, conducts ORDINANCE NO. 85-7 or carries on, any business or game, or exhibits any show or exhibition, for which a license is required by the provisions of this chapter without pro- curing such license and paying the prescribed license tax, the city administra- tor may at any time bring suit in the name of the city for th~ recovery of such license tax. In such actions for the collection of a license tax hereby imposed, a penalty of fifty percent and costs shall be added to the amount of any judgment re- covered by the city in addition to any other penalty or penalties then due or owing imposed by the provisions of this chapter. Section 12. Section 13.22 is amended to read: Sec. 13.22. Annual licenses; proviso. The license year for businesses with fixed fees shall be the fiscal year commencing on July 1 and ending on June 30 next succeeding. The license year for licenses based on gross receipts shall be the calendar year commencing on January 1 and ending on December 31 next succeeding. The annual licenses shall be due and payable, and shall constitute a debt due and owing, to the city on the first day of each tax year. Any person doing business for less than the full fiscal year for which an annual fixed license fee is provided shall be required to pay the full annual rate; provided, that any such person com- mencing any business after January first of any fiscal year shall be required to pay only one-half of the full annual rate for the balance of such fiscal year. Section 13. Sections 13.23, 13.24, 13.25, 13.26 and 13.27 are hereby repealed. Section 14. Section 13.33 is amended to read: Sec. '13.~33. Same - Same - Methods of fixing license fee. In fixing the fee to be charged, the city license collector shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by this chapter. Should the city license collector determine the gross sales measure -5- ORDINANCE NO. 85-7 of the fee to be the fair basis, he may require the applicant to submit, either, at the time of termination of applicant's business to submit, either at the time of termination of applicant's business in the city or annually, a sworn state- ment of the gross sales and pay the amount of fee therefor; provided, that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as provided in this chap ter. Section 15. Section 13.36 is repealed. Section 16. The title to Article IV. is amended to read: ARTICLE IV. FEES ~ A~PP. LICATIONS AI~D. ADDITIONAL .REQUIREMENTS. Section 17. Section 13.38 is amendad to read: Sec. 13.38. Schedule of license taxes; Fixed b~ --resol-~io~. The rates of license fees for all businesses in the city shall be fixed and established by council resolution, and the same shall be paid by all persons engaged in business in the city. Section 18. Section 13.39 is amended to read: 13.39. Same - Base~ o__qn gross receipts. Every person conducting, managing or carrying on at a fixed place of business in the city any business, trade, profession or calling, whether as a merchant or otherwise, unless specifically licensed by section 13.40 of this article, shall pay as a license tax for revenue purposes only an amount which shall be fixed and regulated by council resolution based upon the gross annual receipts of such business, trade, profession or calling. Section 19. Section 13.40 is amended to read: Sec. 13.40. Same - Certain enumerated businesses. The council may by resolntion identify specific businesses, trades, professions, or callings, conducted at a fixed place of business in the city, including vending machines, jukeboxes and '~. amusement devices, for which annual license fees may be fixed and established by council resolution. ORDINANCE NO. 85-7 -6- Section 20. Section 13.41 is amended to read: Sec. 13.41 Same - No fixed place of bUsiness. Ail peddlers, solicitors, hawkers and itinerant merchants and vendors must comply with the provisions of Chapter 16A of this Code. In ad- dition, the council may by resolution fix and establish license fees for such itinerant merchants on a daily, weekly, monthly or other appropriate basis. Section 21. Section 13.42 is amended to read: Sec. 13.42. Vehicle deliveries;~ businesses outside city. The council may by resolution fix and establish annual license fees for all businesses, trades or callings with a fixed place of business outside the city which make retail or wholesale deliveries or pick-ups within the city limits. Section 22. Section 13.43 is amended to read: Sec. 13.43 Applications. Ail business, trades, professions or callings subject to this chapter shall make application for licenses by completing forms provided by the Depart- ment of Finance and furnishing all information required to administer this Chapter. Application forms shall be reviewed for compliance by all departments responsible for enforcing federal and state laws and the City Code. If all requirements are met and the appropriate fees paid, the license shall be issued. Section 23. Section 13.44 is amended to read: Sec. 13.44. Additional requirements. a. Generally - Ail business, trades, professions and callings shall show compliance with all federal, state and local laws and ordinances which apply to each and shall obtain clearances set forth in section 13.43, prior to issuance of a business license. b. Cardrooms and pool halls - No license for the operation of any cardroom or pool hall shall be issued without the specific approval of the city council. The application for a license to operate ORDINANCE NO. 85-7 -7- a cardroom shall be made in writing to the city council, who shall refer the appliaatiom ~o the chief of police to investigate the moral character of the applicann. The chief of police shall conduct such investigation and report his findings, in '~rriting, along with his reco~anendations to the city council. If the council determines that the issuance of such license shall not be detrimental to the public welfare, it may authorize the issuance of such license. Carnivals, circuses, amusement rides, menageries & fairs - Ail applications for the business of conducting a carnival or fair, including all manner of shows, exhibitions and entertainments, together with sales stands, or eating stands or places, and the peddling of novelties or notions, and all other activities incident thereto, must be made to the city coun- cil, on blanks properly filled out and sworn to, to be procured from the license collector and filed with the city clerk at leastthirty days before such occasion. The city council shall have the right to refuse to grant such license if it shall determine that the granting thereof will be contrary to the preservation of the public peace, safety or welfare, or will be unduly detrimental to the persons or property of others. If such license is granted, the city council shall have the right and require what shows, exhibitions or entertainments or activities are proper, or may be permitted, and the city council shall have the right to impose such reasonable restrictions or limitations therein as it may determine shall be necessary to the preservation of the public peace, safety or welfare, or which will tend to protect the life and property of others, and its actions in the premises shall be final and conclusive. In the event that any person to whom such license is granted shall violate or fail to perform any of the restrictions, limitations, terms or conditions of any license granted under this chapter, the city council shall have the right to revoke such license, and its actions in the premises shall be final and conclusive. d. Garage sales - Notwithstanding the provisions of this chapter and the zoning laws of the city, a person may obtain a license to conduct a "garage sale" at his place of residence for a period not to exceed seven (7) days ORDINANCE NO. 85-7 -8- once each year. Such license shall state the name of the licensee, the location or address where the sale is to be conducted, and the permitted dates of sale, and shall be issued for a fee to be established by council resolution. A "garage sale" is defined as a sale conducted entirely within a residence or garage between the hours of 8 a.m. and 8 p.m. by the resident thereof of personal property owned by him for at least one year prior to the date of sale and not acquired for the purpose of resale. e. Vending machines,~uk~eboxes and and amusement devices Each owner of any type of vending machine, or the owner or proprietor of the premises where such machine is located, shall pay in advance for each and every type of machine operated by such owner or agent. This provision shall apply to any vending machine which is located upon but is not the principal activity of a licensed business premises. If the vending machines and equipment are the principal business activity conducted on the premises, they shall be, for the purpose of this chapter, considered a part of the operation and carrying on of the business and the license therefor shall be governed by section 13.39 or 13.40. In addition to other remedies provided by law, the amount due and unpaid on the vending machine license tax, including interest penalties and costs as provided herein, shall be a lien in favor of the city against unlicensed vending machines. If the liability remains unpaid for a period of sixty (60) days, at the written direction of the license collector, the unlicensed machines shall be impounded by the chief of police until the liability is satisfied. If the liability remains unsatisfied for a period of six (6)months after impounding, the city may sell the machines to satisfy the liability. The city shall issue license stamps which shall be affixed in a conspicuous place by the owner or agent to all vending machines duly licensed hereunder. A penalty of $2.00 per day shall be assessed for each failure to affix the required stampe to each machine. Any vending machine to which such a stamp is not affixed may be impounded by the chief of police as provided herein until all provisions of this section have been complied with and all license fees and penalties have been paid. ORDINANCE NO. 85-~ -9- Section 24. Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed~ Section 25. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 19th day of February 1985 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE,~VALDEZand HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ATTEST: City Cle~ ORDINANCE NO. 85-7 -10- I, SUSANNE E. STEINMETZ, City Clerk of the City of 85-7 Gilroy, do hereby certify that the attached Ordinance No. is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th ~day of February , 19 85 , at which meetin~ a quorum was present. affixed the Official Seal of the City of Gilroy, this of August , 19 85 . IN WITNESS WHEREOF, I have hereunto set my hand and 16th day (Seal)