A. Applicability of Section. The amounts necessary to be paid and rates and fees to be paid for licenses for the businesses named in this Chapter, shall be and the same are hereby fixed and established, and the same shall be paid by persons engaged in such businesses. Said rates of licenses for the businesses provided for in this Title may be adjusted from time to time by resolution of the City Council following a public hearing.
1. Advertising.
a. Agencies. For every person engaged in, conducting, managing or carrying on the business of advertising agency, the license fee shall be sixty dollars ($60.00) per year. [Ord. No. 211, adopted 12/13/88.]
b. Benches. Every person engaged in the business of erecting or maintaining any bench or any street or other public property upon which any kind of advertising matter is placed or displayed shall pay a license fee of twenty-five dollars ($25.00) per year for the first four (4) benches, plus five dollars ($5.00) per year for each additional bench. [Ord. No. 211, adopted 12/13/88.]
c. Billboards. For every person engaged in, managing, conducting, operating or carrying on the business of advertising by lease, operating or maintaining billboards in the City, the license fee shall be one hundred dollars ($100.00) per year for each billboard place as so leased, operated or maintained within the City. [Ord. No. 211, adopted 12/13/88.]
No billboards shall be erected or placed upon any location until a permit to place such billboard has been secured from the building inspector.
No license shall be required under this Section from any person maintaining a regular place of business within the City and advertising his own merchandise by a sign or billboard located or attached to his own building, and no license shall be required under this Section from owners of real estate or their agents in advertising their property for sale or lease by means of billboards located upon the property advertised for sale or lease, or advertising signboards.
The size, dimension and location of billboards shall be in accordance with the rules and regulations established and adopted by the City Council.
d. Commercial Sign Painting. For every person engaging in, conducting, managing or carrying on the business of painting, manufacturing, erecting or constructing commercial signs, or submitting a bid thereon, the license fee shall be fifty dollars ($50.00) per year. [Ord. No. 211, adopted 12/13/88.]
e. Distribution of Handbills, Samples, etc. For every person engaged in conducting, managing or carrying on the business of advertising by distributing circulars or samples in the City, the license fee shall be ten dollars ($10.00) per day. [Ord. No. 211, adopted 12/13/88.]
No license shall be required from any person maintaining a regular place of business within the City and advertising his own merchandise and paying a regular license fee under another section of this Chapter.
f. Electric Sign Advertising and Service. For every person engaged in conducting, managing or carrying on the business of advertising by means of an electric sign, where such business is operated from other than a fixed place of business in the business or industrial zone in the City, and which business is not upon the tax rolls of the City, the license fee shall be sixty dollars ($60.00) per year for each vehicle used in such business. [Ord. No. 211, adopted 12/13/88.]
g. Search Lights. Every person engaged in the business of operating any wheeled vehicle equipped with a search light for attracting attention shall pay a license fee of ten dollars ($10.00) per day for each vehicle used. [Ord. No. 211, adopted 12/13/88.]
2. Ambulances. For every person located within the City engaging in, conducting, managing or carrying on the business of operating an ambulance, the license fee shall be one hundred dollars ($100.00) per year. [Ord. No. 211, adopted 12/13/88.]
3. Amusements - General.
a. Boxing, Wrestling. For every person engaged in, conducting, managing or carrying on a professional or semi-professional boxing, wrestling or sparring exhibition, where admission is charged, donations made or collection taken from such exhibitions, the license fee shall be fifty dollars ($50.00) per day. Such fee shall apply to a fixed or non-fixed establishment. [Ord. No. 211, adopted 12/13/88.]
b. Circuses, Carnivals, Menageries, etc. For every person engaged in, conducting, managing or carrying on a circus or menagerie, having a seating capacity of one thousand (1,000) or less, the license fee shall be fifty dollars ($50.00) per day; and having a seating capacity in excess of one thousand (1,000), the license fee shall be seventy-five dollars ($75.00) per day. [Ord. No. 211, adopted 12/13/88.]
c. Concerts, Lectures, Theatricals, etc. For every person engaged in, conducting, managing or carrying on any place of amusement, entertainment or exhibition for the purpose of holding lectures, concerts, theatricals or any other form of entertainment or exhibition except outdoor festivals as hereafter defined in Section 4, for profit, and not otherwise paying a license under any other Section of this Chapter, the license fee shall be twenty-five dollars ($25.00) per day. [Ord. No. 211 .adopted 12/13/88.]
For every person engaging in, conducting, managing or carrying on a single or occasional dance, where object is advertisement or gain, when gain is derived through admission fees, collections, donations or any other means, the license fee shall be twenty dollars ($20.00) per dance.
d. Merry-Go-Rounds. For every person engaged in, conducting, managing or carrying on a merry-go-round, the license fee shall be five dollars ($5.00) per day. A day shall be considered to end at 12:00 p.m. midnight. [Ord. No. 211, adopted 12/13/88.]
e. Game Machines. For every person owning or maintaining, managing or conducting a business of leasing any amusement game, vending electronic or merchandising machine or device or any other similar device or means of amusement or music not prohibited by law, where any sum is charged by means of a coin, slot or otherwise, shall pay a license fee of fifty dollars ($50.00) annually. [Ord. No. 211, adopted 12/13/88.]
f. Penny Arcades. For every person engaged in, conducting, managing, carrying on, maintaining or operating a certain amusement business known as a penny arcade, the license fee shall be fifty dollars ($50.00) per month. [Ord. No. 211, adopted 12/13/88.]
g. Skating Rinks. For every person engaged in, conducting, managing or carrying on a skating rink, the license fee shall be fifty dollars ($50.00) per year. [Ord. No. 211, adopted 12/13/88.]
h. Drive-in Theaters. Drive-in theaters shall pay a license fee of one hundred dollars ($100.00) per year, and said license shall include the right to conduct a snack bar or lunch counter. [Ord. No. 211, adopted 12/13/88.]
4. Amusements - Outdoor Festivals. “Outdoor festival” means any musical festival, dance festival, “rock” festival or similar musical activity, at which music is provided by paid or amateur performers or by pre-recorded means, which is held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of conducting such activities or similar activities and to which members of the public are invited or admitted for a charge or free of cost.
a. License Requirement. No person shall operate, maintain, conduct, advertise or sell or furnish tickets for an outdoor festival in the City unless he shall first obtain a license from the City to operate or conduct such festival.
b. License Application. Application for a license to conduct an outdoor festival shall be made in writing to the City Clerk at least sixty (60) days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a non-refundable application fee of two hundred dollars ($200.00) and shall contain the following information:
(1) The name, age, residence and mailing address of the person making the application. If the application is made by a partnership, the names and addresses of the partners must appear. When the applicant is a corporation, the application must be signed by the president, vice president and secretary thereof and must contain the addresses of such corporate officers. A certified copy of the articles of incorporation shall be submitted with the application;
(2) A statement of the kind, character or type of festival which the applicant proposes to conduct, operate or carry on;
(3) The address or legal description of the place where the proposed festival is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the festival is to be conducted or a statement signed by the owner of the premises indicating his consent that the site be used for the proposed festival;
(4) The date or dates and the hours during which the festival is to be conducted;
(5) An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted;
(6) The applicant shall provide names and addresses of anyone contributing, investing or having a financial interest greater than five hundred dollars ($500.00) in producing the festival; and
(7) At the time of making application the applicant and such other interested parties as determined necessary by the City Clerk shall arrange to be fingerprinted by the office of the Chief of Police. [Ord. No. 211, adopted 12/13/88.]
c. Festival Plans. A detailed explanation of the applicant’s plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and onsite traffic control and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities. The applicant’s plans shall include what provisions shall be made for numbers of spectators in excess of the estimate, provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities including those for parking, egress and ingress shall be submitted with the application.
d. Processing Application. Upon receipt of a complete application and the application fee, the City Clerk shall set the application for public hearing at a regular meeting of the City Council, not less than fifteen (15) days written notice thereof to the applicant. He shall promptly give notice of hearing and copies of the application to the Chief of Police, Health Officer, Planning Commission and the Director of Building and Safety, who shall investigate the application and report in writing to the City Council not later than the hearing, with appropriate recommendations related to their official functions as to granting a license and conditions thereof.
e. Consideration of Application by City Council. Based upon the testimony of the witnesses and evidence presented at the hearing, including the reports of the department heads, the City Council shall grant the license, deny the license or set conditions which must be met, or security given that they will be met, before a license may be granted. If conditions are imposed by the City Clerk, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license may be issued by the clerk.
f. Issuance; License Fee; Nontransferable License. When the City Clerk certifies that conditions have been met, the City Clerk shall, upon payment of five hundred dollars ($500.00) per day of operation, issue a license specifying the name and address of the licensee, the kind of festival licensed and the number of days operation authorized. The licensee shall keep such license posted in a conspicuous place upon the premises at which the festival is conducted. No license issued pursuant to this Section shall be transferable or removed to another location.
g. Licensing Conditions. At the hearing required under Subsection d. above, the City Council may establish conditions which must be met prior to the issuance of any license under this Section, except that the Council may take a matter under submission before determining which conditions shall be imposed. Where the Council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within fifteen (15) days of the original hearing. The conditions which may be imposed by the Council pursuant to the City’s general police power for the protection of health, safety and property of local residents and persons attending festivals in the City, are as follows:
(1) Police Protection.
(A) Every licensee shall employ at his own expense, police protection. The number of type of officers shall be determined and specified by the Adelanto Chief of Police to provide for the preservation of order and protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate shall be deposited with the City at least ten (10) days prior to the specified date the activity is to occur. A minimum of three (3) law enforcement officers for every five hundred (500) persons or fraction thereof expected to be in attendance shall be required.
(B) Where the Adelanto Chief of Police specifies the employment of off duty peace officers to meet the requirements of this Section, such peace officers shall be under the complete direction and control of the Chief of Police. The Chief of Police must be satisfied that the requisite number of peace officers will be provided at all times of operation plus any specified time prior to and following the event, before a license is issued.
(2) Water Facilities. Every licensee shall provide from a water purveyor operating under a permit as required under the State Health and Safety Code an ample supply of potable water for drinking and sanitation purposes of the premises of the festival. Location of water facilities on the premises must be approved by the City contracted Health Officer prior to issuance of a licensee. The supply of water for each person in attendance per day to outdoor festivals shall be as required by the contracted Health Service.
(3) Food Concessions. Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, the applicant shall be required to demonstrate that food will be available at the premises each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires must be licensed and operate to the requirements of the City contracted Health Service. All sewage, sink waste and waste water from water closets, lavatories, and sinks operated in connection with food concessions or food operations shall be disposed of in a manner approved by the Health Officer.
(4) Sanitation Facilities Required.
(A) Lavatories shall be provided with cold water under pressure, soap and paper towels in accordance with the requirements of the City designated Health Service. Where flush type water closets cannot be made available for the persons in attendance, portable chemical toilets may be allowed. Such chemical toilets must meet the approval of the Health Officer before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee’s expense as necessary pursuant to procedures and conditions established by the Health Officer.
(B) Every licensee shall be required to furnish at least one (1) trash can with thirty-six (36) gallon capacity with a tight fitting lid for each twenty-five (25) persons expected to be in attendance, an adequate supply of plastic bag liners to fit the trash receptacles shall be provided and each container shall be tied, removed and a new plastic bag liner inserted. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the Health Officer. A signed contract with a licensed refuse collector shall be submitted to the Health Officer and a copy of same filed with the Health Officer. Removal of all trash and refuse shall be at the licensee’s expense.
(5) Medical Facilities.
(A) Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival. Where the proposed festival is located close to adequate existing facilities the applicant shall provide as required by the Health Officer, emergency treatment facilities on the premises of the festival.
(B) The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the Health Officer prior to the issuance of any license under this Section. The Health Officer shall calculate the need for medical services, based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements.
(C) Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients or staff to appropriate on and off site treatment facilities.
(6) Parking Areas. Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle. Such individual parking spaces shall be clearly marked and shall not be less than twelve (12) feet wide and twenty (20) feet long. The Director of Building and Safety and the Planning Director must approve an applicant's parking plan before a license shall be issued.
(7) Access and Parking Control. Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to ensure orderly flow of traffic into the premises from a highway or road which is a part of the City system of streets of which is a street or highway maintained by the County or the State. A special accessway for fire equipment, ambulances and other emergency vehicles shall be required. The Chief of Police must be approve the licensee's plan for ingress and egress before a license shall be issued. Additionally, any applicant shall be required to show that traffic guards are under his employ to ensure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area.
(8) Hours of Operation. All festivals which are subject to license under this Section shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day.
(9) Illumination.
(A) Every licensee planning to conduct a festival after dark, or planning to allow persons who attend the festival to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied are lighted at all times. The Director of Building and Safety must approve an applicant’s light plan as a prerequisite to issuance of a license hereunder.
(B) A licensee shall be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:
Illumination | Watts/Square Foot |
Open areas reserved for spectators | 0.50 |
State areas | 5.00 |
Parking and overnight areas | 0.25 |
Restroom and concession areas | 1.00 |
(10) Overnight Camping Facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas for mobile home parking, special occupancy trailer parking and campgrounds including travel trailer parking, recreational trailer parking, temporary trailer parking, incidental camping areas and tent camps. Such areas and facilities shall be approved by the Health Officer and Chief Building Official prior to the issuance of any license.
(11) Bonds. Any licensee may be called upon to post an indemnity bond or a performance bond in favor of the City in connection with the operation of a festival. Bonds required by this Section must be approved by the City Attorney prior to the issuance of a license. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the State by the Department of Insurance, in a penal amount determined by the City Council. Such bond shall indemnify the City, its agents, officers, servants and employees and the City Council against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with the festival, and shall indemnify against loss, injury and damage to both person and property. Additionally, the City may demand that applicant provide corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the City and the owners of property adjoining the festival site for any costs necessitated for cleaning up or removing debris, trash or other waste from, in and around the premises. Such bond shall be in an amount determined by the City Council.
(12) Fire Protection. Every licensee shall provide, at his own expense, adequate fire protection as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the event is located in a hazardous fire area as defined by the City Fire Code, a suitable number of fire guards shall be employed by the licensee who shall be approved by the chief of the responsible fire protection agency or agencies. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the Fire Chief. First aid fire extinguishment equipment shall be provided as directed by the Fire Chief.
(13) Financial Statements. Each licensee shall be required to provide a financial statement to give assurance of the liability of the promoters or applicants to meet the conditions of the permit.
(14) Communications. Licensee shall be required to establish a communication system for public use where ordinary communications are not available.
(15) Insurance. Licensee shall be required to provide insurance in an amount and type to be determined by the City Council prior to issuance of license. Licensee’s insurance shall name, as added insured, City elected officials, appointed officials, employees and representatives.
(16) Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a festival.
h. Grounds for Denial of License; Notice of Denial. After holding the required public hearing, the City Council may deny issuance of the license if it finds any of the following:
(1) That the applicant fails to meet the conditions imposed pursuant to this Section.
(2) That the proposed festival will be conducted in a manner or location not meeting health, zoning, fire or building and safety standards established by the ordinance of the City or the laws of the State.
(3) That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to this Section.
(4) That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance.
(5) That the applicant, his employee, agent or any person associated with the application as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of:
(A) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play; or of selling obscene matter; or
(B) An offense involving lewd conduct; or
(C) An offense involving the use of force and violence upon the person of another;
(D) An offense involving misconduct with children; or
(E) A felony offense.
Where the application is denied, the City Clerk shall mail to the applicant written notice of denial within fourteen (14) days of the action, which notice shall include a statement of the reasons the application was denied.
i. Revocation of License. The City Council shall have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist:
(1) The licensee fails, neglects or refuses to pay to the City Clerk the fee prescribed by this Section.
(2) The licensee, his employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this Section.
(3) The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the City or the laws of the State.
(4) The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor or any narcotic or dangerous drug.
(5) The licensee, his employee or agent, is convicted of any of the offenses enumerated under Subsection 4.h.
j. Notice of Intent to Revoke; Hearing. Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The clerk of the City Council shall give notice, setting forth the causes for revocation and shall state the time and place at which the matter of revocation will be heard before the City Council. Such notice shall be mailed not later than ten (10) days prior to the date set for the hearing. The City Council shall hear all interested parties and may revoke a license only for one (1) or more causes enumerated by this Section.
k. Violations; Remedies of City. It shall be unlawful for any licensee, employee, agent or person associated with such licensee, to do any of the following:
(1) Conduct or operate a festival without first procuring a license to do so.
(2) Sell tickets to a festival without a license first having been obtained.
(3) Operate, conduct or carry on any festival in such a manner as to create a public or private nuisance.
(4) Exhibit, show or conduct within the place of festival any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit no matter by what name designated.
(5) Allow any person on the premises of the licensed festival to cause or create a disturbance in, around or near any place of festival by offensive or disorderly conduct.
(6) Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in a place of a festival except where such consumption or possession is expressly authorized under the terms of this Section and under the laws of the State.
(7) Knowingly allow any person at the licensed festival to use, sell or be in possession of any narcotic or dangerous drug while in, around or near a place of the festival.
Any of the above enumerated violations shall constitute a criminal act and shall be punished pursuant to ordinances of the City and the laws of the State. It is provided, however, that the City retains any and all civil remedies, including the right of civil injunction for the prevention of such violations and for the recovery of money damages therefor.
5. Auctioneers.
a. State Licensed Auctioneers. In accordance with State law, auctioneers who are licensed by the State shall be exempt from license fee.
b. Others. Those persons holding an auction for any purpose other than in connection with a licensed charitable organization shall pay a license fee of seventy-five ($75.00) for each day on which the auction is to be held. [Ord. No. 211, adopted 12/13/88.]
c. For Auctions Held Out of Doors. Before any license may be issued hereunder, there shall be a fee of fifty dollars ($50.00) deposited for each parcel less than one (1) acre, or for each acre of land or portion thereof to be used for auction and/or vehicle parking, to guarantee that the premises shall be left in a clean, safe and sanitary condition. In the event such premises are not left in such condition as approved by the City Clerk within two (2) days from the date of sale of such items ceases at any such location, then said sum shall be forfeited to the City and may be applied to the City for the purposes of placing such premises in such condition as may be approved by the City. [Ord. No. 211, adopted 12/13/88.]
6. Automobile Sales - Generally. New and used car sales and leasing or either, when not in conjunction with a garage where repairs, painting and other similar services are provided, shall pay a license fee of one hundred dollars ($100.00) per year; provided, however, that a separate license shall be obtained for each place of business within the City. Such sales require State license in addition to City license. [Ord. No. 211, adopted 12/13/88.]
7. Automobile Sales - Repair Garage. New and used car sales and leasing or either, when conducted in connection with a City licensed garage where repairs, painting and other similar services are provided, shall pay a license fee of one hundred dollars ($100.00) per year; provided, however, that a separate license shall be obtained for each place of business within the City. [Ord. No. 211, adopted 12/13/88.]
8. Automobile Storage or Parking Lot. For maintaining any automobile storage or parking lot for which a charge is made, in or on any lot or parcel of land, but maintaining no building or other structure upon such lot or parcel of land in which are kept or stored shall pay a license fee of twenty-five dollars ($25.00). [Ord. No. 211, adopted 12/13/88.]
9. Automobile and Truck Wrecking or Dismantling. Automobile and truck wrecking or dismantling or automobile and truck wrecking or dismantling yard impound, towing and outdoor yard of similar character shall pay a license fee of one hundred fifty dollars ($150.00) per year. [Ord. No. 211, adopted 12/13/88.]
10. Bankrupt, Damaged Goods, Distress Sales, etc.
a. It is unlawful for any person, without first obtaining from the City Clerk, a license to be designated as a “distress sale license,” to advertise or conduct any sale of goods at retail, which sale is represented by said person or any agent of his:
(1) As a sale of goods damaged by fire, water or other casualty; or
(2) As a sale for liquidation or closing out of business or moving of the place of business; or
(3) As a sale of assets of the estate of a bankrupt, insolvent or deceased person, or in the hands of an assignee, adjuster, trustee, executor, administrator, guardian, receiver, or other fiduciary, unless the person conducting such sale possesses a valid appointment by a court of competent jurisdiction appointing said person to a position entitling said person, either by its terms or by operation of law, to conduct such sale of the assets actually sold and offered for sale; or
(4) As a sale by jobbers, manufacturers or wholesalers; or
(5) As a sale of salvaged goods; or
(6) As any other sale which is by representation or advertisement intended to lead, or does actually reasonably lead, or has a reasonable tendency to lead the public to believe that the person conducting such sale is selling out the goods for less than the current or going retail price thereof in the City, by reason of damage, economic or legal distress, or similar temporary circumstances. All such sales shall be known as distress sales.
b. License Application. Said distress sale license shall be issued only upon application including or accompanied by the following requirements.
(1) The name and residence address of the person to whom the license is to be issued, hereinafter designated as the applicant, and the name and residence address of the legal owner of the stock to be sold;
(2) Request for issuance of a distress sale license, and a designation of the proper Subsection or Subsections of this Section of this Chapter which apply to the proposed sale;
(3) A copy of the inventory of the stock on hand;
(4) A complete list, and proof of the correctness thereof, of all goods not yet on hand which will or may be offered at the proposed distress sale, and proof that the same already belong to the applicant;
(5) The business address or addresses at which the proposed distress sale is to occur;
(6) The business name under which the proposed distress sale is to occur;
(7) The length of time that the applicant has conducted the business or used the business name under which the proposed distress sale will occur, and the same as applied to the present address;
(8) Whether the stock on hand or to come was ordered for the purpose of the proposed distress sale;
(9) The proposed beginning and ending date of the proposed sale;
(10) The location of the records of such proposed distress sale;
(11) Any other information which applicant wishes to offer;
(12) A certificate under penalty of perjury or an affidavit attesting to the correctness of the preceding information, inventory and list.
c. Grounds for Denial. The distress sale license shall not be issued if:
(1) The business has not been in existence at the address shown for more than six (6) months last past. This requirement may be waived by the City Council upon satisfactory proof being shown that unique circumstances beyond the control of the applicant exist which would cause an unreasonable hardship by requiring strict compliance with this Section;
(2) The stock or any portion thereof proposed to be sold was acquired or contracted for, for the purpose of the proposed distress sale, if the same falls under categories described in this Section or Subsections b. or f.;
(3) Applicant fails to declare under penalty of perjury that goods proposed to be sold under categories of this Section, are actually damaged under Subsection a., sold under the circumstances described in Subsection c., or by persons described in Subsection d. or salvaged under Subsection e.;
(4) Applicant has conducted any distress sale during the previous six (6) months, whether of the same or a different category, and whether under the same or a different business or firm name, and whether alone, or in partnership with the same or different persons, and if any person shall be the owner of the majority of stock in a corporation applying or which has applied or been granted any sort of distress sale license, said owner shall be deemed the applicant for purposes of this Section, Subsections d., e. or f.;
(5) Applicant or legal owner has been convicted of grand theft or fraud in the State or of any crime in another state which would be grand theft or fraud if committed in the State.
d. Fee. The fee for such license shall be the sum of fifty dollars ($50.00); if an extension is granted under this Section, the fee shall be fifty dollars ($50.00) for each thirty (30) day period or portion thereof for which extension is so granted. [Ord. No. 211, adopted 12/13/88.]
e. License Term. The distress sale license shall permit the distress sale of the type therein designated for a period of thirty (30) days, which period shall be designated by beginning and ending date in the license; and if the license shall fail to specify the year, it shall apply only to the first month and day as described following the date on which the license is issued.
f. Extensions. In cases of special hardship, as determined by the City Clerk, extensions may be granted allowing the license to remain in effect for additional time, not to exceed a total of ninety (90) days from the proposed beginning date of the sale as described in the original license.
g. Inventory. The inventory required shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at such sale for which a license is required by this Section, together with the wholesale price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized and by affidavit at the foot thereof he or such agent swears or affirms that the information therein given is full and true and known by him or such agent to be so.
h. Conformity to License. It is unlawful for any person to do any of the acts set forth in Subsection a., although such person has a valid current distress sale license, unless such distress sale is conducted in strict and exact conformance to the description and terms of the sale, as described in the application for said license; except that, where the terms of the license differ from the terms of the application therefor, it is unlawful to conduct such distress sale contrary to any term of the license.
i. Conduct of Sale, Records. It is unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory, any goods, wares or merchandise which are not the regular stock of the store or any other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purpose of such sale, except those items listed as provided in Subsection b.(4), or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the Collector may ascertain the kind and quantity of goods sold, and it is unlawful to fail to make and keep all records of the distress sale available for inspection at any reasonable business hour by a representative of the City Chief of Police.
11. Barbershops and Beauty Parlors/Salons.
a. For a barbershop or beauty parlor/salon, the license fee shall be thirty-five dollars ($35.00) per year for the first four (4) employees, plus ten dollars ($10.00) per each employee in excess of four (4).
b. For persons carrying on the operation of a beauty school or barber college shall pay an annual license fee of one hundred dollars ($100.00).
12. Baths, Public. The license fee for a public bath of any type, including steam, namman, turkish, mineral, mud, vapor, medicinal or otherwise, shall be twenty-five dollars ($25.00). This fee shall be in addition to any other business license required. [Ord. No. 211, adopted 12/13/88.]
13. Billiard Parlors and Pool Halls. For every person carrying on the business of a pool hall or billiard parlor, the license fee shall be one hundred dollars ($100.00) per year, and such license shall include the right to sell tobacco, confections, soft drinks and prepackaged foods. [Ord. No. 211, adopted 12/13/88.]
14. Bingo. Those conducting bingo operations shall do so under Chapter 5.24. The license fee shall be fifty dollars ($50.00) per year for each location at which bingo is conducted.
15. Bowling Alley. For each person carrying on the business/operation of a bowling alley, the license fee shall be:
a. One (1) to twenty-five (25) lanes: One hundred dollars ($100.00) per year.
b. Twenty-six (26) lanes or more: Five dollars ($5.00) per year for each additional lane.
[Ord. No. 211, adopted 12/13/88.]
16. Brokers, Agencies and Agents. There shall be the following license fees paid for the following designated occupations or businesses:
Bail bonds broker | $100.00 per year |
Brokers of goods, wares or merchandise | $50.00 per year |
Stocks and bonds brokers | $100.00 per year |
Employment agencies | $100.00 per year |
Detective agencies or private investigators | $50.00 per year |
Private patrols or night watch | $50.00 per year |
Travel agencies | $50.00 per year |
All other agencies, agents or representatives not including traveling salesmen | $50.00 per year |
Collection agencies | $100.00 per year |
[Ord. No. 211, adopted 12/13/88.]
17. Car Wash. Independent vehicle washing, cleaning, either self-help, drive-thru or full-service, shall pay a license fee of fifty dollars ($50.00) per year. Car washing, cleaning, either drive-thru or full service, operated in connection with another City licensed business shall pay a fee of twenty-five dollars ($25.00) annually. [Ord. No. 211, adopted 12/13/88.]
18. Christmas Trees. For the sale of Christmas trees, hollyberries, wreaths or mistletoe, except where such business is conducted in connection with another regularly established place of business for which a license has been issued, there shall be a license fee of fifteen dollars ($15.00) for each location where such items are sold. Before any license may be issued hereunder, there shall be a fee of fifty dollars ($50.00) deposited to guarantee that the premises shall be left in a clean, safe and sanitary condition. In the event such premises are not left in such condition as approved by the Collector within two (2) days from the date of the sale of such items ceases at any such location, then said sum shall be forfeited to the City and may be applied by the City for the purpose of placing such premises in such condition as may be approved by the Collector. [Ord. No. 211, adopted 12/13/88.]
19. Confectionary Wagons.
a. For the sale or offering for sale of ice cream, soft drinks, candies, prepared foodstuffs or other foods for immediate consumption from any wagon, push cart or other vehicle by any licensee not having an established retail place of business within the City, the license fee is twenty-five dollars ($25.00) for each vehicle. [Ord. No. 211, adopted 12/13/88.]
b. When any such vehicle is operated by an established licensed retail place of business in the City, the license fee is fifteen dollars ($15.00) per year for each vehicle. [Ord. No. 211, adopted 12/13/88.]
20. Contractors. The license fee for every person engaging in the business of:
General engineering contractor | A | $100.00 |
General building contractor | B1 | $100.00 |
Boilers, hot water heating, steam fitting | C4 | $60.00 |
Cabinet and mill work | C6 | $60.00 |
Cement and concrete | C8 | $60.00 |
Electrical (general) | C10 | $60.00 |
Electrical signs | C45 | $50.00 |
Elevator installation | C11 | $50.00 |
Excavating, grading, trenching, paving, surfacing | C12 | $60.00 |
Fire protection engineering; flooring | C16 | $60.00 |
Glazing | C17 | $50.00 |
Heating and air conditioning | C20 | $100.00 |
House and building moving | C21 | $75.00 |
Insulation | C2 | $50.00 |
Landscaping | C27 | $50.00 |
Lathing | C26 | $50.00 |
Masonry | C29 | $50.00 |
Ornamental metals | C23 | $50.00 |
Painting, decorating | C33 | $50.00 |
Plastering | C35 | $75.00 |
Plumbing | C36 | $75.00 |
Refrigeration | C38 | $50.00 |
Roofing | C39 | $75.00 |
Sewer, sewage, disposal, drains, cement pipe laying | C42 | $60.00 |
Sheet metal | C43 | $50.00 |
Steel reinforcing | C50 | $50.00 |
Steel structural | C51 | $75.00 |
Structural pest control | C22 | $50.00 |
Tile (ceramic or mosaic) | C54 | $50.00 |
Welding | C60 | $50.00 |
Well drilling | C57 | $50.00 |
Classified specialist | C61 | $50.00 |
All other classifications | C | $50.00 |
[Ord. No. 211, adopted 12/13/88.]
21. Dances. Dance Halls, Night Clubs and Cabarets.
a. Every person engaged in the business of conducting a dance hall, night club, cabaret, club, bar room, beer tavern or beer garden, where dancing and/or entertainment is provided shall pay an annual license fee of one hundred dollars ($100.00). [Ord. No. 211, adopted 12/13/88.]
For a daily license or period of less than one (1) calendar month, the license fee shall be ten dollars ($10.00) per day for each day dancing is permitted; provided however, that the license fee provided for in this Section shall be waived by the Collector, for any single public dance sponsored by and for the sole benefit of any fraternal, civic or religious organization regularly established in the City; provided, however, that a license therefore shall first be regularly obtained from the City as set forth in this Chapter. [Ord. No. 211, adopted 12/13/88.]
b. No public dance shall be allowed within the City between the hours of 2:00 a.m. and 7:00 a.m. on any day and all existing permits inconsistent herewith shall be operation of the law allow dancing accordingly.
c. It shall be unlawful for any person, corporation or association of persons to employ female persons at a salary or on a commission, or for anything of value, directly or indirectly, whose duty or business it is or shall be to dance with or act as dancing partners at any public dance or in any public dance hall or for any female person to engage in such employment.
22. Dancing Academies.
For every person engaging in, conducting, managing or carrying on a dancing academy, where instruction is given or received, the license fee shall be twenty-five dollars ($25.00) per year. [Ord. No. 211, adopted 12/13/88.]
For the purposes of this Section, a “dance academy” is defined to be a regularly established place of business where instructions in dancing and dancing lessons are given or taught, and a fee is charged for such instructions or lessons. [Ord. No. 211, adopted 12/13/88.]
23. Dressmaking. For every person engaged in, managing, conducting or carrying on the business of dressmaking, where the person so engaged in such business employs one (1) or more employees or furnished materials from which the garment is made, the license fee shall be twenty-five dollars ($25.00) per year. [Ord. No. 211, adopted 12/13/88.]
24. Dry Cleaning.
a. For every person engaged in, managing, conducting or carrying on the business of cleaning, sponging, pressing or dyeing clothing, the license fee shall be one hundred dollars ($100,00) per year. [Ord. No. 211, adopted 12/13/88.]
b. For each person engaged in operating a dry cleaning drop-off and pick-up business from an established retail place of business within the City, not licensed in the City, shall pay an annual fee of thirty-five dollars ($35.00). [Ord. No. 211, adopted 12/13/88.]
25. Food Catering Service. For every person engaged in conducting, managing or carrying on the business of a food catering service, the license fee shall be thirty dollars ($30.00) per year or fraction thereof; providing, it is not part of a regularly established business licensed under another Section of this Chapter. A permit from the San Bernardino County Environmental Health Services shall be submitted to the City with license request. [Ord. No. 211, adopted 12/13/88.]
26. Fortune Telling and Other Similar Practices. For every person who engages in, manages, conducts or carries on, or practices, or who professes to practice, the profession or art of palmistry, phrenology, card reading, fortune telling, hypnotism, mediumship or other similar professions or arts and who demands or receives any fee or donation, or collects money for such practice, exercise or exhibition of his art therein, or who gives an exhibition thereof at any place within the City, the license fee shall be ten dollars ($10.00) per day. [Ord. No. 211, adopted 12/13/88.]
27. Garbage and Refuse Collection. For every person engaged in conducting, managing or carrying on the business of operating garbage and refuse collection shall be governed by any applicable franchise agreement and/or Chapter 8.01 of this Code.
28. Home Occupations. Home occupations, as defined by Ordinance No. 131, shall pay a license fee of twenty-five dollars ($25.00) per year, if approved as a home occupation by the Planning Commission. [Ord. No. 211, adopted 12/13/88.]
29. Hospitals, Convalescent Homes, Community Care Facilities.
a. Every person engaged in the business of conducting, managing or operating a hospital, convalescent home or care facility for the treatment of the sick, wounded or infirm, shall pay an annual license fee in the amount of two hundred dollars ($200.00). No such operation shall be licensed to operate within the City prior to due processing through the City Planning Commission and the securing of all necessary, Federal, State and/or County licenses and/or permits. Proof of same shall accompany all requests for City business license. Said proof shall be updated annually. [Ord. No. 211, adopted 12/13/88.]
b. Preschool - Child Care. Every person conducting or operating a preschool or child care facility shall pay an annual license fee of thirty-five dollars ($35.00). No such operation shall be licensed to operate within the City prior to due processing through the City Planning Commission and obtaining all required Federal, State and/or County licenses and/or permits. Proof of same shall accompany all requests for City business license applications. Said proof shall be updated annually. [Ord. No. 211, adopted 12/13/88.]
30. Hotels, Motels and Other Rental Units. For conducting or operating a hotel, motel, rooming house, boarding house, apartment house, mobile home park, trailer court, private guest ranch, individual homes, or any other accommodations for dwelling, sleeping or lodging at any place, and listed under the same ownership whether occupied or not shall pay an annual license fee of thirty dollars ($30.00) for one (1) to ten (10) rental units plus two dollars ($2.00) per year for each additional rental unit. [Ord. No. 211, adopted 12/13/88.]
31. House Moving.
For every person moving a house or other structure, the license fee shall be twenty-five dollars ($25.00) per day during the period of time such house or structure is upon the public street or highway. [Ord. No. 211, adopted 12/13/88.]
No house moving license shall be issued until a permit is first obtained from the Building Department.
32. Importing Merchandise at Wholesale.
a. For the importing into the City for any delivery therein, of any goods, wares or merchandise, when such importing and delivery is by means of any vehicle operated upon the public streets or highways, the license fee for such importing and delivery shall be based upon the number of vehicles employed. The license fee shall be fifty dollars ($50.00) per year for the first vehicle and ten dollars ($10.00) for each additional vehicle per year. [Ord. No. 211, adopted 12/13/88.]
b. The license fees in this Section shall apply to each and every vehicle used and/or employed in the importing of merchandise under this Section; provided, however, in no case shall fees exceed two hundred dollars ($200.00) per year. [Ord. No. 211, adopted 12/13/88.]
c. “Importing of merchandise” or any variation thereof, as used in this Section, refers to importing of merchandise at wholesale only, and for the purpose of resale, and the provision of this Section, shall not apply to any importing of goods, wares or merchandise in the event where the sale and/or delivery of any goods, wares or merchandise is at retail to the ultimate consumer and/or user of such goods, wares or merchandise. [Ord. No. 211, adopted 12/13/88.]
d. This Section shall not apply to vehicles owned and/or operated by an established licensed place of business in the City and used exclusively for such licensed business. [Ord. No. 211, adopted 12/13/88.]
33. Importing of Merchandise for Retail Sales.
a. Whenever any business consists of sale and delivery at retail of goods, wares or merchandise from house to house, or place to place, when such business does not regularly and continuously maintain and operate an established retail sales store, market or other fixed location in the City for regular and full time retail sales to the general public, such business shall pay a license fee of twenty-five dollars ($25.00) per year for each and every vehicle used and/or employed in the conduct and carrying on of. such business. [Ord. No. 211, adopted 12/13/88.]
b. “Vehicle” as used herein includes all automobiles, push carts, automobile trucks or trailers, or other means of transportation of persons or property operated upon the public streets or thoroughfares.
c. “Sale at retail,” or any variation thereof, as used herein refers to all sales where the delivery of the goods, wares, or merchandise is to be the ultimate consumer and/or user thereof.
d. The provisions of this Section refer only to regularly established and regularly operated retail sales routes, and shall not apply to any transient, sporadic or irregular sales businesses which later shall expressly be deemed to be itinerant sales.
34. Itinerant Photographers. For every person engaged in, conducting, operating or carrying on or managing the business of selling, giving away or peddling tickets, checks or coupons to be used in payment or part payment for picture frames, pictures, portraits, photograph enlarging or retouching of the same, who does not maintain a fixed place of business within the City where such articles are kept or made, the license fee shall be ten dollars ($10.00) per day. [Ord. No. 211, adopted 12/13/88.]
35. Janitorial Services and Supplies. For every person engaging in, managing, conducting or carrying on the business of cleaning buildings, rooms or furnishings by compressed air or vacuum cleaner by means of any machine drawn, hauled, carried or propelled by hand power or the sale of janitorial supplies, the license fee shall be thirty dollars ($30.00) per year. [Ord. No. 211, adopted 12/13/88.]
36. Jobbers. For every person engaged in, managing, conducting or carrying on the business of a jobber, the business license fee shall be thirty dollars ($30.00) per year. [Ord. No. 211, adopted 12/13/88.]
37. Junk Dealers or Salvage Collectors. Every person conducting the business of junk dealer, salvage collector or similar business shall pay an annual license fee of one hundred dollars ($100.00). [Ord. No. 211, adopted 12/13/88.]
38. Laundries or Laundromat.
For every person owning, operating, managing or conducting a laundry or laundromat within the City, who carries on or engages in the business of collecting or delivering laundry or operating a laundromat business in the City, the license fee shall be one hundred dollars ($100.00) per year for each location. [Ord. No. 211, adopted 12/13/88.]
When laundry work is done or performed by the members of one (1) family in a location in the City, other than in the business or industrial zone, no license fee shall be charged.
39. Locksmiths. For every person engaging in, conducting, managing or carrying on the business of key making and related jobbing from a fixed place of business, or licensed in another location outside of City but doing work within the City, the license fee shall be thirty-five dollars ($35.00) annually. [Ord. No. 211, adopted 12/13/88.]
40. Lumber or Building Materials. Any person engaged in the business of selling wholesale or retail lumber and building materials, new or used, shall pay an annual license fee of one hundred dollars ($100.00). [Ord. No. 211, adopted 12/13/88.]
41. Manufacturing/Industrial Business. For businesses located within the manufacturing/industrial zoning other than that identified in Section 42, shall pay an annual fee of one hundred dollars ($100.00). This fee shall be in addition to any contract, letter of understanding, etc., existing between City and licensed business. [Ord. No. 211, adopted 12/13/88.]
42. Manufacturing/Industrial Classified Businesses. For every person engaged in, conducting, operating or carrying on a business classified as Manufacturing or Industrial, the license fee shall be seventy-five dollars ($75.00) for one (1) to twenty-five (25) employees (full or part-time) and one hundred dollars ($100.00) for twenty-six (26) or more employees (full or part-time). [Ord. No. 211, adopted 12/13/88.]
43. Massage Establishments. Persons conducting massage establishments or businesses shall be governed by Chapter 5.60 of this Title, and shall pay an annual license fee of fifty dollars ($50.00).
44. Mini-storage. Persons conducting mini-storage facilities shall pay an annual fee of two dollars ($2.00) per unit. [Ord. No. 211, adopted 12/13/88.]
45. Miscellaneous. For all business not specifically identified or one failing to fit within a listed category shall be subject to an annual fee of fifty dollars ($50.00).
46. Moving Pictures. Every person engaged in the business of taking motion pictures and who uses or occupies any street, or any portion thereof, in connection with the taking of motion pictures, where such pictures are intended to be shown in theaters where admissions are charged, shall pay a license fee of one hundred dollars ($100.00) per day. [Ord. No. 211, adopted 12/13/88.]
47. Nursery - Landscaping. Persons engaged in the operation of a nursery for sale of plants, trees, etc., and/or landscaping business shall pay an annual license fee of thirty-five dollars ($35.00). [Ord. No. 211, adopted 12/13/88.]
48. Oil Products Distribution (Service Stations). Every person engaged in, conducting or carrying on the business of distributing kerosene, oil, distillate, gasoline, lubricating oil or similar commodities by any vehicle, or maintaining agencies on behalf of the refinery, shall pay for each place of business so conducted, the license fee of seventy-five dollars ($75.00) per year. [Ord. No. 211, adopted 12/13/88.]
49. Oil Products Distribution from Non-fixed Place of Business. Every person engaged in, managing, conducting or carrying on the business of distributing kerosene, oil, distillate, gasoline, lubricating oil or similar commodities by any vehicle, from a non-fixed lubricating oil or similar commodities by any vehicle, from a non-fixed place of business within the City limits, shall pay a business license fee of one hundred dollars ($100.00) per year for the first vehicle and fifty dollars ($50.00) per year for each additional vehicle. [Ord. No. 211, adopted 12/13/88.]
50. Other Retail and Wholesale Trades, Occupations. For every business consisting of selling at retail or wholesale any goods, wares and merchandise or commodities, of conducting, maintaining or carrying on any trade, occupation, calling or business not otherwise specifically licensed by this Title, the annual license fee of fifty dollars ($50.00) for the first twenty-five (25) employees (full or part-time) and one hundred dollars ($100.00) for a retail business of twenty-six (26) or more full or part-time employees. [Ord. No. 211, adopted 12/13/88.]
51. Pawnbrokers. Persons engaged in, managing, operating or carrying on the business of pawnbroker, the license fee shall be two hundred dollars ($200.00) per year and conform to all regulatory laws. All requests for pawn broker license and/or secondhand sales (other than clothing) shall be referred to the City Police Department prior to issuance of business license. [Ord. No. 211, adopted 12/13/88.]
a. Signature Required. Every person conducting such business under this Section shall cause the person or persons by whom personal property is left in the possession of such business, by way of pledge, storage, deposit, buy-back or otherwise, to sign his true name and give his correct address. It is unlawful for any person to sign a fictitious name or give a fictitious address in connection therewith.
b. Record Keeping. Every person conducting such business under this Section shall keep full, true and complete records of all property and other goods, wares or other things received on deposit or purchased, showing the date and time of receipt of such property, a description of the person or persons by whom such property is left in pledge, deposited or in the possession of such business, the true name of the person leaving such property, as nearly as the same is known to the person conducting such business, the number of the motor vehicle operator's license issued by the Department of Motor Vehicles of the state to the person leaving such property, whenever such vehicle license number of the automobile drive by the person leaving such property. Such property and records shall be subject to inspection at any time by an officer on request.
c. Retention and Disposition of Property. All property and other valuable goods, wares, merchandise received on deposit or purchased shall be kept intact in its original state by every secondhand dealer, pawnbroker, loan broker and proprietor or owner of business where money is loaned on personal property for compensation for a period of thirty (30) calendar days from the day of said purchase, receipt or acquisition of same. Any person conducting a business under this Section desiring to dispose of goods, wares or merchandise, including junk and scrap metals, in less than thirty (30) days, shall pay to the City Clerk a special inspection fee of one hundred fifty dollars ($150.00) monthly in advance for each yard location, upon the payment of which fee the Chief of Police of the City shall make an inspection within forty-eight (48) hours of demand by such person. The Chief of Police may release any property covered by this Section which he inspects, if after such inspection he is satisfied that such property is in the lawful possession of the licensee. [Ord. No. 211, adopted 12/13/88.]
d. Use of Prescribed Forms. The licensee shall cause blank forms to be printed and subdivided so that such forms shall have spaces for writing in the following manner:
Number of pawn ticket;
Amount loaned;
Amount purchased;
Description of article;
Name and residence of person pledging or selling;
Description of person pledging or selling;
True name as nearly known;
Age;
Sex;
Complexion;
Color mustache or beard or both where both are worn;
Style of dress;
Height and visible marks or scars;
License number of vehicle driven by person making such deposit;
Time when the article or articles were received.
Such blank forms shall bear a caption providing blank spaces in which to fill the date and time of such deposit. When such forms are so prepared, all licensees conducting a business under this Section shall use said forms and cause the same to be completed daily with respect to all transactions conducted by such business.
When any person is engaged in any business licensed under the provisions of this Title, and as an incident to such business accepts secondhand goods, wares or merchandise as part payment upon any new merchandise, such persons shall not be required to obtain a license under the provisions of this Section, for the doing of such acts shall not be considered as dealing in secondhand merchandise within the meaning of this Section.
52. Peddlers - Itinerant Peddlers. For every person engaged in, managing, conducting or carrying on the business of an itinerant peddler of goods, wares or merchandise, goods, wares or merchandise not otherwise specifically licensed under any other provision of this Title, the license fee shall be twenty-five dollars ($25.00) per day. [Ord. No. 211, adopted 12/13/88.]
53. Pest Control. For every person engaging in, conducting, managing or carrying on the business of extermination of termites, cockroaches and other pest extermination control, the license fee shall be fifty dollars ($50.00) per year. Should licensed pest control also conduct termite inspections, one (1) pest control license fee shall be required. [Ord. No. 211, adopted 12/13/88.]
54. Private Detective, Private Patrol, Watchman. For the business of private detective, private watchman and/or merchant patrol, the license fee is fifty dollars ($50.00) per year. [Ord. No. 211, adopted 12/13/88.]
55. Professional Services.
a. For conducting, managing, carrying on or engaging in any business, profession or occupation hereinafter enumerated in this Subsection, the annual license fee shall be one hundred twenty-five dollars ($125.00):
Architect
Attorney-at-Law
Auditor
Bacteriologist
Certified Public Accountant
Chemist
Chiropodist
Chiropractor
Dentist
Drugless Practitioner
Electrologist
Engineers (all types)
Entomologist
Geologist
Income Tax Service
Money Lender
Mortician
Naturopath
Oculist
Optician
Optometrist
Osteopath
Pharmacy
Physician
Roentgenologist
Surgeon
Surveyor
Veterinarian
[Ord. No. 211, adopted 12/13/88.]
b. For conducting, managing, carrying on or engaging in any business, profession or occupation hereinafter enumerated in this Subsection, the annual license fee shall be seventy-five dollars ($75.00):
Accountant
Appraiser
Artist
Assayer
Biological Laboratory
Credit Rating Bureau
Dental Laboratory
Designer, Illustrator or Decorator
Draftsman
Engraver
Insurance or Claims Adjuster
Marriage Counselor
Mercantile Agency
Physiotherapist
Sign Painter
Soil Testing Laboratory
Termite Inspector
[Ord. No. 211, adopted 12/13/88.]
56. Race Tracks. Every person conducting the business of a race track which is open to the public and at which races or exhibitions of speed, skill, daring or endurance by means of automobiles, midge automobiles, midget races, racing cars or motorcycles are held or at which races between animals are held, shall procure a license therefor and pay a license fee based upon gross receipts in accordance with the following schedule:
Twenty dollars ($20.00) for the first $50,000.00 of gross receipts.
Fifteen dollars ($15.00) for the next $50,000.00 of gross receipts. [Ord. No. 45, adopted 8/11/71.]
57. Real Estate.
a. Real estate brokers shall pay a license fee annually of one hundred dollars ($100.00) for each office maintained within the City. [Ord. No. 211, adopted 12/13/88.]
b. For every person engaged in or carrying on the occupation of real estate salesman from a fixed location within the City, who does not hold a state real estate broker's license, the license fee shall be fifty dollars ($50.00) per year. [Ord. No. 211, adopted 12/13/88.]
c. For every real estate firm doing business in the City that does not maintain a fixed and licensed office within the City, the license fee shall be fifty dollars ($50.00) annually per real estate office. [Ord. No. 211, adopted 12/13/88.]
58. Restaurant.
For any person engaging in or carrying on the operation of either a sit down or drive-thru restaurant or combination of the two (2), the license fee shall be fifty dollars ($50.00) per year. [Ord. No. 211, adopted 12/13/88.]
Carry-out food sold in conjunction with another City licensed business where no food is consumed on the premises shall be considered licensed under the primary license.
59. Riding Academy. For a riding academy where instruction in horseback riding is given or other animals are maintained for hire, and for a feed or livery stable, the license fee shall be twenty-five dollars ($25.00) per year. [Ord. No. 211, adopted 12/13/88.]
60. Safe and Sane Fireworks. For those approved to conduct sale of Safe and Sane fireworks, pursuant to Chapter 9.65 of this Code, the annual license fee shall be fifty dollars ($50.00) for any non-exempt organization.
61. Secondhand Dealers.
For every person engaging in, conducting, managing or carrying on the business of secondhand store as a secondhand dealer, the license fee shall be fifty dollars ($50.00) per year. Any applicant applying for a business to conduct sales of secondhand items other than clothes shall be referred to the City Police Department prior to issuance of business license. [Ord. No. 211, adopted 12/13/88.]
Except as otherwise defined in this Section, “secondhand dealer” is defined to be any person who carries on, conducts, maintains or engages in the business of buying or selling or exchanging or otherwise dealing in or acquiring any article or things that have been used or sold before.
When any person is engaged in any business licensed under the provisions of this Title, and as an incident to such business accepts secondhand goods, wares or merchandise as part payment upon any new merchandise, such person shall not be required to obtain a license under the provisions of this Section, for the doing of such acts shall not be considered as dealing in secondhand merchandise within the meaning of this Section.
62. Septic Tank/Cesspool Cleaning. For every person engaged in, conducting, managing or carrying on the business of pumper or cleaning septic tank and/or cesspools shall be charged a license fee of sixty dollars ($60.00) per year for each vehicle not having a fixed location in this City. [Ord. No. 211, adopted 12/13/88.]
63. Shoe Shining. For operating any shoe shine stand or parlor or conducting the business of bootblacking or shoe shining, the license fee is five dollars ($5.00) per year provided, however, that payment of such fee shall be waived for any operator under the age of sixteen (16) years. [Ord. No. 211, adopted 12/13/88.]
64. Shooting Gallery. The license fee for a shooting gallery is thirty dollars ($30.00). [Ord. No. 211, adopted 12/13/88.]
65. Solicitors - Generally.
Those classified under this Section shall be governed by Chapter 5.12 of this Title, and shall pay a license fee of fifty dollars ($50.00) per year or fraction thereof for the first solicitor. The fee for each supplementary license shall be twenty five dollars ($25.00) for each year or fraction thereof. [Ord. No. 33, adopted 6/9/71.]
Where payment or deposit is demanded in advance of final delivery, the City clerk shall require that a cash or surety bond in the sum of five hundred dollars ($500.00) be furnished by each such person or firm engaged in canvassing, soliciting or peddling, conditional upon the making of final delivery of the goods ordered, or services to be performed, in accordance with the terms in such order of failing therein, that the advance payment on such order shall be refunded. [Ord. No. 33, adopted 6/9/71.]
For the purpose of this Section, a solicitor is defined to be and include every person, whether principal or agent, who goes from house to house, or from place to place, in the City, selling or taking orders or offering to sell or take orders for goods, wares and merchandise, or any article for future delivery, or for services to be performed in the future or for the making, manufacturing or repairing of any article for future delivery.
This Section shall apply only to solicitors who demand, accept or receive payment or deposits of money in advance of final delivery, and shall not apply to any employee, agent or representative of any person paying a license fee under another Section of this Title.
66. Swap Meets. Every person engaged in the business of conducting a swap meet shall pay an annual license fee of one hundred dollars ($100.00). [Ord. No. 211, adopted 12/13/88.]
67. Tattoo Artists. The license fee for tattoo artists’ studios is one hundred dollars ($100.00) per year. In addition, the operator shall file with the City Clerk, a Certificate of Insurance Liability in the minimum amount of two hundred thousand dollars ($200,000.00). [Ord. No. 211, adopted 12/13/88.]
68. Taxicabs. For operating any taxicab for carrying passengers for hire, the license fee shall be thirty-five dollars ($35.00) per year for each vehicle so operated; provided, in the case of persons applying for licenses to engage in the business of operating taxicabs, no license shall be issued, unless and until the applicant therefor produces satisfactory proof to the City Council that such applicant carries upon each vehicle to be operated as a taxicab, public liability and property damage insurance in a reasonable amount and with such reasonable companies as may be approved by the City Council and a copy of such policy left with the City Clerk.
69. Teachers of Dramatic Art, Handicrafts, Music, etc. For a teacher of drawing, painting, handicrafts, music, sculpture, speech or other fine art, for each individual so engaged, whether a member or employee of any other person, partnership, corporation or other business organization, except public schools engaged in such business, the license fee shall be twenty-five dollars ($25.00) per year. [Ord. No. 211, adopted 12/13/88.]
70. Transient Merchants. For every person engaged in, managing, conducting or carrying on the business of a transient merchant the business license fee shall be fifty dollars ($50.00) for a period of not more than six (6) months. [Ord. No. 211, adopted 12/13/88.]
71. Travel Bureau. Every person operating a travel bureau from a fixed location within the City shall pay a license fee of fifty dollars ($50.00) annually. [Ord. No. 211, adopted 12/13/88.]
72. Trucking, Hauling.
a. For the business of owning and operating any vehicle, trailer, and/or vehicles and/or trailers for transportation of property for hire, irrespective of point of origin, or destination of haul, where such business has an established place of business within the City, the annual license fee is one hundred twenty-five dollars ($125.00) plus twenty-five dollars ($25.00) for each vehicle. [Ord. No. 211, adopted 12/13/88.] For the purpose of this Section, “established place of business” is defined as a continuous operation of a business for a period of not less than six (6) months within the City.
b. When the business specified in this Section has no established place of business as herein defined, the annual fee for operation of each vehicle operated hereunder is fifty dollars ($50.00). [Ord. No. 211, adopted 12/13/88.]
73. Vehicle Delivery. For every person engaged in, conducting, managing or carrying on the business of selling or delivering at retail or to the ultimate consumer, or to any person, not regularly engaged in or carrying on such line of business, milk, cream or dairy products or the like, and operated from other than a fixed place of business in the business or industrial zone and which business is not upon the tax rolls of the City, the license fee shall be sixty dollars ($60.00) per year, provided, that no more than one (1) vehicle is used in such business in the City. For each additional vehicle so used the additional sum of twenty dollars ($20.00) shall be charged.
[Ord. No. 211, adopted 12/13/88; Ord. No. 462, Section 3, 5/9/07.]