5.04.280 Exemptions.
   (a)   Religious, Charitable, Fraternal, Educational, Military, State, County or Municipal Organizations. No license shall be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subject whenever the receipts of such entertainment, concert, exhibition or lectures are to be appropriated to any church or school or to any religious or benevolent purpose in the city, nor shall any license or permit be required for the conducting of any recreation, entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objectives for which such association or organization was formed and from which profit is not derived either directly or indirectly by any person. The provisions of this title shall not be deemed or construed to require the payment of a license by any religious, charitable, fraternal, educational or military organization or association conducting casual sales, concerts, dances, entertainments, exhibitions or lectures for fund raising purposes and where the funds so derived are retained strictly for charitable, religious, educational, fraternal or military purposes and do not go to the benefit or use or profit of any person.
   "Casual sales" as used in this section means the sale or offer for sale of goods, wares, merchandise or food products for a period not exceeding seven days, except that "casual sales" shall not include the sale or offer for sale of Christmas trees from November 15th to December 26th of any year.
   (b)   Interstate Commerce. Every person claiming to be entitled to exemption from the payment of any license provided for in this section upon the ground that such license casts a burden upon his rights to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the finance director disclosing the interstate or other character of his business entitling such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods to be delivered, the name from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit for the information of the finance director. It if appears that the applicant is entitled to such exemption, the finance director shall forthwith issue a free license. In case of dispute, the decision of the city attorney shall be final.
   (c)   Exemption Under Other Provisions of State Law. Every person claiming to be entitled to an exemption from payment of any license fee provided for in this section upon the ground that such license fee is exempt under state law shall file a verified statement with the finance director disclosing the character of the business entitling such exemption. The statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that the person, organization or firm comes within the exemption of the state law. Additional information shall be supplied to the finance director, or city attorney upon request, in order to ascertain whether or not the claimant meets the exemption of the state law. In case of dispute, the decision of the city attorney shall be final.
   (d)   Public Utility and Franchise Holders Exemption. All public utilities or privately owned public utilities which are holders of a franchise from the city shall be exempt from the provisions of this business license law.
   (e)   Exempt Licenses to be Endorsed. Whenever the finance director shall issue any license granting any exemption provided for in this chapter, the person to whom such license is issued shall endorse thereon his signature in ink in the presence of the finance director or his or her designee, and no such license shall be transferable. Any such exempt license shall be issued by the finance director only for the minimum license period of any such business, and may be renewed for the same period under the same conditions and in the same manner as originally obtained.
   (f)   Revocation of License Examinations. At any time that it shall appear to the satisfaction of the finance director that none of the conditions specified in this chapter as meriting exemption from license requirements exists as to any person to whom any such exemption has been allowed, the finance director may revoke such exemption and the exempt license issued thereunder. The revocation shall be in accordance with the procedure set forth in Section 5.04.230 of this chapter.
(Ord. 383 § 3 Ex. B (part), 1986).