Chapter
11.01. GENERAL LICENSING
11.02. HOTELS AND MOTELS
11.03. [RESERVED]
11.04. ALARM SYSTEMS
11.05. CHARITABLE SOLICITATIONS
11.06. GAMES, AMUSEMENTS AND ENTERTAINMENTS
11.07. MASSAGE ESTABLISHMENTS
11.08. FIGURE STUDIOS AND FIGURE MODELING
11.09. PAWNBROKERS; SALE OF GOODS
11.10. TAXICABS
11.11. TOWING AND STORAGE OPERATIONS
11.12. OIL, GAS AND HYDROCARBONS
11.13. ADULT USE REGULATIONS
11.14. FILMING ACTIVITY
11.15. TOBACCO RETAILER LICENSING
11.16. PLASTIC CARRYOUT BAG REGULATIONS
11.17. COMMERCIAL CANNABIS BUSINESSES
11.18. SIDEWALK VENDING PROGRAM
11.19. FIREARMS AND AMMUNITION RETAIL ESTABLISHMENTS
11.20. TELECOMMUNICATIONS REGULATORY REQUIREMENTS
11.21. CABLE SYSTEMS
11.26. PASS THROUGH TELECOMMUNICATIONS SYSTEMS
11.30. CABLE TELEVISION
11.32. CANNABIS BUSINESS TAX
11.34. COMMERCIAL TENANT EVICTION PROTECTIONS
Section
General Provisions
11.01.005 Definitions
11.01.010 Requirements to operate business
11.01.015 Fees and tax as a debt due city
11.01.020 Authority of Tax Collector to make rules and regulations
11.01.025 Issuance of license
11.01.030 Change of address or ownership
11.01.035 Branch establishments
11.01.040 Independent concessions
11.01.045 Tax certificates must be exhibited; vehicular tax certificates
11.01.050 Vehicle decals
11.01.055 Expired licenses
11.01.060 Audits and adjustments
11.01.065 Civil action authorized for failure to pay business license tax
11.01.070 Interstate commerce; relief from undue burden
11.01.075 Unlawful businesses prohibited
11.01.080 Scope of provisions
11.01.085 Tax Collector to take acknowledgements or verifications
11.01.090 Penalty for violations
Business Tax Regulations
11.01.200 Business license tax; time and manner of payment
11.01.205 Nonpayment of business tax; penalty established by resolution
11.01.210 Statement of gross receipts filed with Tax Collector
11.01.215 Statement of gross receipts confidential
11.01.220 Computation of taxes and fees
11.01.225 Statement of gross receipts verification
11.01.230 Exemptions
11.01.235 Refunds; filing claims
11.01.240 Assessments; administrative proceedings
11.01.245 Business tax rates on gross receipts; flat tax rate machines
11.01.250 Annual business tax imposed; schedule of rates
11.01.255 Determination of business classifications
Certificates of Compliance; Permit Requirements
11.01.300 Certificates of compliance and permits
11.01.305 Schedule of businesses requiring certificate of compliance or permit
11.01.310 Special requirements for trade shows
11.01.315 Enclosed building requirement
11.01.320 Permits required for certain businesses
11.01.325 Application for permit
11.01.330 Investigation of application
11.01.335 Notice of hearing on application
11.01.340 Basis of determination and conditions for granting application
11.01.345 Issuance of permit
11.01.350 Assignment of permit
11.01.355 Revocation of permit
11.01.360 Hearing on revocation
11.01.365 Suspension of permit
11.01.370 Authority of Committee to pursue withdrawals, surrenders, suspensions, expirations and the like
Committee on Permits and Licenses
11.01.500 Purpose
11.01.505 Establishment; membership
11.01.510 Organization of Committee
11.01.515 Authority of City Manager to approve or deny permit
11.01.520 Meetings
11.01.525 Investigation of applications
11.01.530 Appeals
11.01.535 Applications may be submitted to Council
11.01.540 Secretary to keep records
11.01.545 Reports to Council
Administrative Fines
11.01.600 Legislative findings and statement of purpose
11.01.605 Definitions
11.01.610 Authority
11.01.615 Contents of notice
11.01.620 Service procedures
11.01.625 Satisfaction of order to comply
11.01.630 Appeal of order to comply
11.01.635 Hearing Officer
11.01.640 Hearing procedures
11.01.645 Hearing Officer's decision
11.01.650 Failure to pay fines
11.01.655 Right to judicial review
11.01.660 Notices
GENERAL PROVISIONS
For the purposes of this Chapter, the following definitions apply:
ADVERTISING, PUBLIC RELATIONS AND MARKETING. All places of business the principal function of which is the advertising of any service, event, commodities, materials, goods, wares or merchandise by means of billboards, illuminated signs, banners, posters, or statuary, and carrying on any advertising business by any process or method similar, kindred or related to those enumerated in this Chapter.
AMUSEMENT MACHINES. Any person engaged in the business of maintaining any amusement machine, such as music box, jukebox, motion picture or photograph machine, kiddie rides, shooting gallery, pinball games, video games, batting cages, air hockey, shuffleboard, electronic games, etc., or any other device furnishing entertainment for the amusement of the public, maintained for entertainment and amusement purposes only and not contrary to any State or City regulation, and requiring for its operation the insertion of any coin, plate, disk, token key, or the payment of any fee therefor, for which a license fee is not specifically required under any other section of this Code, providing that no certificate of compliance shall be required for any adult use regulated pursuant to Chapter 11.13.
ARTS, CRAFTS. The service rendered individually for compensation by artisans, artists, and teachers of the arts and sciences.
AUCTIONEERS. Any person not having a fixed place of business in the City engaged in selling at auction any real estate, goods, wares, materials, or merchandise, or any similar, kindred or related thing, for which a license fee is not specifically required under this Code, providing that no additional fee shall be required of any person otherwise licensed to do business in the City personally carrying on an auction sale in the regular course of his business.
AUTOMOBILE REPAIR. All places of business the principal function of which is the operation of any shop or place wherein is offered to the public for compensation, work or service for the repair, construction, building or assembling of any motor, motor vehicle or any part thereof, or the sale or offering for sale of motor vehicle accessories, or the storing, washing, lubricating or rendering of any other work or service to any motor vehicle, commonly and ordinarily carried on in a public garage.
BARS. All places of where alcoholic beverages are sold or served to the public for consumption on the premises, excluding business licensed by the Department of Alcoholic Beverage Control as a bona fide public eating place, as the same is defined in Cal. Bus. & Prof. Code §§ 23038 and 23038.1.
BILLBOARD ADVERTISING. All places of business the principal function of which is the advertising of any service, event, commodities, materials, goods, wares or merchandise by means of billboards, illuminated signs, banners, posters, or statuary, and carrying on any advertising business by any process or method similar, kindred or related to those enumerated in this Chapter.
BUSINESS. Professions, crafts, trades, occupations and callings of every kind and nature which are carried on for profit or in which goods, materials, commodities, wares, merchandise or services are sold or offered for sale to the public, regardless of whether a profit is actually realized, but shall not include services rendered by an employee to his or her employer.
CANVASSERS AND SOLICITORS. Any person engaged in the business of calling on residents, with a previously made appointment, or going place to place soliciting business of any kind or character, including selling or taking orders for or offering to sell or take orders for materials, photographs, commodities, goods, wares, demonstrators, or merchandise or other things of value for future delivery or for services to be performed immediately or in the future. Any person, firm or corporation engaged in business operating from or connected with a fixed place of business which is specifically licensed elsewhere in this Chapter shall be entitled to one solicitor without charge.
CITY. City shall refer to the City of Culver City.
COMMERCIAL PROPERTY RENTALS. All building structures of any kind rented or leased to tenants using the premises for other than dwelling purposes.
CONTRACTING. The business carried on as a contractor by any person engaged in building, lathing, acoustical installation, plastering, paving, cement and concrete work, painting, decorating, paperhanging, metal work, heating and ventilating, house and building moving and wrecking, electrical work, plumbing, structural work, well drilling, pest control, awning work, burglar alarm installations, window decorations, and the like.
COST OF OPERATIONS. All expenses incurred in the operation of a business, including, without limitation, the cost of personnel, equipment and supplies, rent, lease, or mortgage payments, utilities, depreciation, and fixed charges.
FIRST RENEWAL PERIOD. The calendar year following that in which a business is commenced in the City. Each calendar year thereafter is a further renewal period. The Tax Collector may assign a renewal period to a business other than a calendar year to achieve the purposes of this Chapter.
GASOLINE SERVICE STATIONS. All places of business the principal function of which is to sell or offer for sale gasoline, or any oil or byproducts of petroleum or other like product, or in which is maintained tire repair and automobile repair service.
GROSS RECEIPTS. Except as otherwise specifically provided, GROSS RECEIPTS shall mean the gross receipts of the twelve (12) months preceding the beginning of the annual tax certificate period, and shall include the total amount of the sales price of all sales and total amount charged or received for the performance of any act or service, of whatever nature it may be, including any rental, lease, lease consideration, exchange of value or values, or considerations for the leasing, renting, bailing or otherwise authorizing, permitting or contracting for the use, possession, enjoyment or right to use, control, possess or enjoy, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in GROSS RECEIPTS shall be all receipts, cash credits and property of any kind or nature, without any deduction therefrom on account of the value of property sold in a non-cash or partly non-cash transaction, the cost of the material used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever. Excluded from GROSS RECEIPTS are the amount of gross receipts used as a measure of business tax paid to another jurisdiction; cash discounts allowed and taken on sales; credit allowed or property sold in a non-cash or partly non-cash transaction; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.
HANDBILL DISTRIBUTORS. Any person engaged in the business for hire or gain of distributing commercial or noncommercial handbills, or promotional material, other than newspapers maintaining a fixed place of business in the City, and which newspapers pay a business tax fee under any other provision of this Code, and any person receiving compensation directly or indirectly for the distribution of such handbill, or promotional material; provided that no business tax shall be charged for the distribution of any noncommercial handbill, the principal purpose of which is to disseminate information relating to any political, economic, religious, philosophical, sociological or related subjects and not connected with any commercial enterprise.
HOTELS, MOTELS, APARTMENTS, ROOMING HOUSES AND AUTO COURTS. All places of business, the principal function of which is to provide guestrooms, shelter, or space at a fixed rental for the accommodation of the public.
INITIAL PERIOD. The period from the commencement of business in Culver City to the sooner of end of the calendar year in which the business is commenced in the City or to the termination of business in Culver City. The Tax Collector may assign another initial period to a business to achieve the purposes of this Chapter.
ITINERANT MOTION PICTURE/ TELEVISION PRODUCERS. Every person not maintaining a fixed place of business in the City engaged in the producing, making, taking, developing, trading or dealing in motion pictures, television, photoplays, sound film, animated cartoons, and the like.
LAUNDRY. All places of business the principal function of which is the laundering of any garment, household linen, fabric, or other material or article commonly and ordinarily accepted for laundry service.
LICENSE. The certificate issued by the Tax Collector after payment of the business tax fee as hereinafter set forth in this Chapter. The term "business tax certificate" is synonymous and interchangeable with the term LICENSE.
MACHINE, WOODWORK AND REPAIR SHOPS. All places of business the principal function of which is to render, offer for sale, or sell to the public for compensation, work or services relating to the construction or repair of any machine or mechanical device, facility or equipment.
MANUFACTURING. All places of business, the principal function of which is the manufacturing, making or developing of any machines, device, article, thing, commodity, goods, wares, merchandise, product, equipment, material or substance for sale, lease, bailment, or any other method of transferring the right to use, exploit or possess by whatever term it may be called or otherwise distribute to the public or to any person, firm or business entity, either at wholesale, retail, or by whatever term it may be called.
MINIMUM ENTERTAINMENT. Any act, presentation or performance offered for the pleasure, amusement or benefit of the customers of the establishment, including but not limited to live performances, whether of a musical nature or otherwise, and motion picture presentations, but not including entertainment provided by the public airways of the television medium: provided that no more than one (1) individual entertainer is engaged in entertaining the customers of the establishment at any time.
MOTION PICTURE STUDIOS. All places of business the principal function of which is producing, making, taking, developing, trading or dealing in motion pictures or photoplays, sound film, or animated cartoons, and the like.
MULTIMEDIA BUSINESS. A business that primarily:
1. Produces films, disks, tapes, software or other recording devices, whether visual or audio, through the integration of two (2) or more media, which media include, without limitation, computer generated graphics and video, film, slides, video tapes, audio tapes and photographs.
2. Provides computer programming services on a contract or fee basis to the producer of films, disks, tapes, software or other recording devices, whether visual or audio, through the integration of two (2) or more media, which media include, without limitation, computer generated graphics and video, film, slides, video tapes, audio tapes and photographs, such services to include computer software design and analysis, modification of custom software, digital imaging and other related programming services; and
3. Develops online and internet services, including the design of WEB sites, for clients.
OIL STORAGE TANK STATIONS. All places of business the principal function of which is maintaining tankage facilities for the storage of petroleum, petroleum products, compound, or any hydrocarbon substance, and shall include wholesale distributors of such petroleum, petroleum products or compound, or hydrocarbon substances.
OIL WELL OPERATIONS. The business of operating any well producing oil, petroleum, gas, or other hydrocarbon substance, or any similar, kindred or related substance, and for the producing or manufacturing for which a license fee is not specifically required under any other Section of this Code.
PERMIT. Permission granted by the City Manager or their designee as a prerequisite to issuance of a license.
PERSON. All domestic and foreign corporations, firms, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business, or common law trusts, societies, and individuals engaged in any business as defined herein, in the City.
PERSONAL SERVICES. Any personal service rendered by any person offering to the public personal services for compensation, and not specifically covered under any other Section of this Code, and shall include barbers, beauticians, cosmeticians, (manicurists, hairdressers, and the like), bootblacks, checkroom operators, and any person engaged in rendering any service to the person, or personal services similar, kindred or related to any of these enumerated in this Section, and for which a license fee is not specifically required under any other Section of this Code.
PRINTING AND PUBLISHING. Any person engaged in carrying on the business of job printing, or producing or publishing any newspaper, magazine, or other printed publication for public dissemination.
PROFESSIONAL SERVICES. Any professional service, as that term is ordinarily and commonly used and understood, wherein individuals are engaged in the business of offering to the public, professional or semiprofessional services for compensation, and not specifically covered under any other section of this Code, and shall include the services rendered by any person engaged in the practice or profession of law; medicine; surgery; dentistry; optometry; chiropractic; osteopathy; podiatry; veterinary; real estate agent; real estate broker; telephone message service; civil, mechanical, electrical, industrial, or other class of engineer; architect; draftsman; designer; landscape architect; accountant; income tax consultant and other consultants.
RECREATION AND ENTERTAINMENT. This business classification applies to any person or entity engaged in providing recreation, entertainment, or amusement opportunities. Examples of businesses within the recreation and entertainment classification include, but are not limited to, museums, dance halls, night clubs, golf courses, bowling alleys, billiards/pool halls, rides, and rinks: ice skating, roller skating, etc.
REGULAR ENTERTAINMENT. The availability of dancing facilities for use by customers of the establishment, or any act, presentation or performance offered for the pleasure, amusement or benefit of customers of an establishment, including but not limited to live performances, whether of a musical nature or otherwise, and motion picture presentations, but not including entertainment provided by the public airways of the television medium, provided that more than one (1) individual entertainer is engaged in entertaining the customers of the establishment at any time.
RESTAURANT. All places of business licensed by the Department of Alcoholic Beverage Control as a bona fide public eating place, as the same is defined in Cal. Bus. & Prof. Code §§ 23038 and 23038.1.
RETAIL. A business selling goods, wares, or merchandise to ultimate consumers.
SATELLITE MASTER ANTENNA SYSTEM COMPANY. Any person, who for a fee, operates a satellite master antenna system on a subscription basis to the users of the system or provides programming on a subscription basis for a fee to a satellite master antenna system owned or operated by another. SATELLITE MASTER ANTENNA SYSTEM COMPANY does not include either of the following: An individual who owns a satellite antenna exclusively for his or her own use, or a cooperative or association made up exclusively of owners or tenants of a condominium or apartment complex or other multiple family dwelling complex which owns and maintains a satellite antenna exclusively for their own use. Notwithstanding this exception, however, all satellite antennas shall be subject to the provisions of this Code regulating the construction and maintenance of antennas.
SCHOOLS. All places of business the principal function of which is to conduct any nursery or private school as that term is ordinarily and commonly used and understood, other than parochial schools, and shall include any place, school or institution operated for profit wherein facilities and accommodations are offered to the public for compensation in connection with the care, instruction and education of children, or for the teaching of any subject, art, science, practice, trade, vocation, craft or profession.
TAX COLLECTOR. A person authorized by the City Manager to enforce this Chapter and any person, whether or not a City employee, authorized to assist that person in doing so.
TELECOMMUNICATION COMPANY. A telecommunication company is defined as all forms of data processing and computer systems and communications systems and networks for the transmission and receipt of voice, data, images and video communications, including but not limited to, writings, signs, signals, pictures, numbers and sounds of all kinds by aid of wire, cable, radio, television, satellite, microwave, light waves, fiber optics, coaxial cable or other like connection between points of origin and reception of such transmissions, including all instrumentalities, networks, facilities, apparatus, and services, whether mobile or fixed, including the receipt, forwarding, and delivery of communication, incidental to such transmission.
TRUCKING AND TRANSPORTATION. The business carried on by any person engaged in trucking or transporting by vehicle, for hire or compensation, baggage, express, freight, household goods, building or other materials, rubbish, goods, wares or merchandise, and the like.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
WHOLESALE. A business of selling goods, wares, or merchandise usually for resale.
('65 Code, §§ 19-10, 19-11, 19- 12, 19-13, 19-14, 19-14.1 and 19- 15) (Ord. No. CS-49 §§ 31.01, 51.01, 71.03, 71.04 and 71.05; Ord. No. CS-572 § 1; Ord. No. CS-655 §§ 1, 2 and 3; Ord. No. CS-700 §§ 1, 2 and 3; Ord. No. CS-714 § 1-2; Ord. No. CS-852 § 1 (part); Ord. No. CS-900 § 1; Ord. No. 83-019, § 1; Ord. No. 84-026 § 1; Ord. No. 83-0010 § 2; Ord. No. 88-009 § 1; Ord. No. 90-018 §§ 1, 2 and 3; Ord. No. 91-004 § 8; Ord. No. 98-006, § 4; Ord. No. 2022-012 § 1 (part))
A. Except as provided in § 11.01.200 (regarding grace period for new businesses) and § 11.01.220 (regarding business license tax due for the initial period) no person acting as principal, agent, clerk, employee, corporate officer, partner, trustee or otherwise, for himself/herself or for any other person, shall commence or operate any business in the City, whether or not at a fixed place of business, without having first:
1. Applied for and received a business tax certificate applicable to such business;
2. Paid the required application fee;
3. Paid the required business license tax;
4. Obtained any permit required by the City;
5. Paid any permit fee required; and
6 Paid any investigation or inspection fee required.
B. The issuance of the business tax certificate for an adult use, as that term is defined in Chapter 11.13, shall be made within fifteen (15) calendar days of the applicant's application being deemed complete.
C. A business tax certificate or permit may be issued to a business operating under a fictitious name that has complied with all applicable requirements under the Business and Professions Code. In all other cases, a business must obtain a business tax certificate, and if required, a permit, in the true name of the applicant or applicants.
('65 Code, § 19-16) (Ord. No. CS-49 § 11.01; Ord. No. 89-016 § 1; Ord. No. 98-006, § 5; Ord. No. 2022-012 § 1 (part))
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