SEC. 11-9.  EXEMPT ORGANIZATIONS, ACTIVITIES, PERSONS.
   (A)   Nothing in this article shall be deemed or construed to apply to any person, business or activity exempt by virtue of the Constitution, statutes or law of the United States or the State from the requirement to obtain a business tax certificate or pay a business tax or an application, renewal, amendment or duplicate business tax fee.
   (B)   In addition, the following organizations, activities and persons are exempt from certain provisions of this article, as follows:
      (1)   Non-profit organizations - An institution or organization that is exempt from the payment of federal income taxes under Subchapter F, commencing with Section 501 of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, as amended from time to time, or that is exempt from the payment of State income taxes under Cal. Rev. and Tax. Code, Chapter 4, commencing with Section 23701, of Part 11 of Division 2, as amended from time to time, shall register such institution or organization with the collector and is exempt from the requirements imposed by this article to obtain a business tax certificate and pay business taxes.  However, persons who peddle, solicit or canvass for such institutions or organizations shall comply with applicable requirements imposed by division 3 of this article.
      (2)   Benefit, charitable and non-profit activities - Any entertainment, dance, concert, exhibition or lecture from which the total receipts are to be donated to a non-profit institution or organization described in subsection (1) of this section, to the State, the county, the city or to any church or school, is exempt from the requirements imposed by this chapter to obtain a business tax certificate and pay business taxes, provided that profit, other than wages paid to employees of such institutions or organizations, is not derived from such activity, either directly or indirectly, by any person.  However, persons who peddle, solicit or canvass for such institutions or organizations shall comply with applicable requirements imposed by division 3 of this article.  The exemption set out in this subsection shall not apply to persons employed to promote benefit, charitable and non-profit activities.
      (3)   Persons of limited income -
         (a)   Any person who receives social security retirement benefits or any other type of retirement benefits and whose income from any business does not exceed the limits established by the laws of the United States and administered by the Social Security Administration that determine whether such person qualifies for full social security retirement benefits, is exempt from the requirements imposed by this article to obtain a business tax certificate and pay business taxes.
         (b)   However, such a person shall provide the collector with a list of any independent contractors hired by such person, and such persons who peddle, solicit or canvass shall comply with applicable requirements imposed by division 3 of this article.
      (4)   Persons paying location use fees - Any person who has paid location use fees to the city is exempt from the requirements imposed by this article to obtain a business tax certificate and pay business taxes for the same activity.
      (5)   Disabled veterans - Any person applying for a business tax certificate pursuant to Cal. Bus. and Prof. Code, Sections 16001 or 16001.5, to distribute circulars or to hawk, peddle and vend any goods, wares or merchandise owned by such person, except spirituous, malt, vinous or other intoxicating liquor, is exempt from the requirement to pay the business tax, business tax application, renewal, amendment and duplicate business tax certificate fees, and the fingerprint report fee, but is subject to the following requirements:
         (a)   Every applicant must furnish a certificate of physical disability to obtain a livelihood by manual labor, executed by a qualified physician; a certificate of honorable discharge or honorable relief from the military, naval or air service of the United States; and proof of residence in the State.
         (b)   A business tax certificate when issued is subject to the following conditions:
            (i)   The business tax certificate is nontransferable and for the exclusive use of the certificant.
            (ii)   A business tax certificate found in the possession of one other than the certicant shall be surrendered to the collector and canceled, and neither the certificant nor the holder thereof shall thereafter be entitled to hold a business tax certificate under this subsection.
            (iii)   The certificant must identify himself/herself whenever required to so by a police officer or a tax inspector of the city or the collector.
            (iv)   Whenever the certificant uses any wagon, cart, tray, basket or other vehicle or receptacle in vending any goods, wares or merchandise, the business tax certificate shall be carried in a tax certificate holder attached to such vehicle or receptacle and in plain view.
      (6)   Certain independent contractors hired by the city - Any person hired by the city as an independent contractor to provide babysitting services; to perform artistic demonstrations or give other performances; to provide classes in art, dance, crafts, cooking, sports, music, fitness, or dog obedience; to give lectures, readings, gallery talks, or workshops; or to officiate at city-owned locations are exempt from the requirements imposed by this article to pay business taxes for any fiscal year in which the city does not pay such person more than $2,400 for such services; provided, however, that this exemption shall apply only to income received from the city and not to income from any other source.
      (7)   Persons presenting events at the Performing Arts Theater - Any person who presents an event, program or performance at the Performing Arts Theater of the Performing Arts and Convention Center is exempt from the requirements imposed by this article to obtain a business tax certificate and pay business taxes for an itinerant show based on such program or performance; provided, however, that this exemption shall apply only to such event, program or performance and the income therefrom and not to any other business conducted in the city or income therefrom; and further provided that this exemption does not apply to any business tax certificate or business tax required for the business of promoting such an event, program or performance.
      (8)   Physicians occasionally providing services at St. John's Regional Medical Center - Physicians, surgeons and doctors of osteopathic medicine who provide services at St. John's Regional Medical Center in the city on no more than 24 days in a calendar year are exempt from the requirements imposed by this chapter to obtain a business tax certificate and pay business taxes. This exemption does not apply to any other services that such physicians, surgeons and doctors of osteopathic medicine may provide within the city.
   (C)   No person other than the certificant shall use any business tax certificate issued pursuant to this subsection.
   (D)   No person shall purchase or transfer any business tax certificate issued pursuant to this subsection.
   (E)   Every applicant who wishes to peddle, solicit or canvass shall comply with applicable requirements imposed by division 3 of this article.
(`64 Code, Sec. 16-9)  (Ord. No. 2456, 2603, 2629, 2665, 2838)