CHAPTER 11: PERMITS

11-233. Massage therapy certificate required; renewal of massage establishment and technician permits; technician identification badges required; fees

11-234. Exemptions

11-235. [Reserved]

11-236. [Reserved]

11-237. Business tax certificate required; denial, revocation, restriction, or suspension of business tax certificate

11-238. Registration and notification requirements

11-239. Hours of operation

11-240. Prohibited advertising practices

11-241. Minors

11-242. Physical facility and building code requirements - state certified massage businesses or establishments

11-243. Physical facility and building code requirements - city licensed massage businesses or establishments

11-244. Health and safety requirements

11-245. Attire and physical hygiene requirements

11-246. Inspections

11-247. Owner and/or operator responsibility

11-248. Persons using alcohol or drugs prohibited

ARTICLE X. POOL HALLS

11-250. Definitions

11-251. Pool hall permit not required

11-252. Conditions

11-253. Hours of operation

ARTICLE XI. TAXICABS

11-260. Purpose

11-261. Definitions

11-262. Taxicab permits required; fees

11-263. Application for taxicab permit

11-264. Controlled substance and alcohol testing program

11-265. Grant or denial of taxicab application

11-266. Notice to applicant

11-267. Request for hearing by applicant

11-268. Conditions of taxicab operator permit

11-269. Conditions of taxicab driver permit

11-270. Annual permit renewal

11-271. Revocation, suspension or modification of taxicab permit

ARTICLE XII. JOLLY JUMPS

11-280. Purpose

11-281. Definitions

11-282. Permit required; penalties

11-283. Application for permit

11-284. Permit conditions

11-285. Parks available for jolly jumps; daily limit

ARTICLE XIII. CERTIFIED UNIFIED PROGRAM AGENCY

DIVISION 1. UNIFIED PROGRAM GENERAL PROVISIONS

11-300. Purpose

11-301. Definitions

11-302. Implementation of the unified program

11-303. Unified program facility permit required

11-304. Scope of unified program facility permit

11-305. Unified program facility permit fees

11-306. Terms of unified program facility permit

11-307. Late payment surcharges

11-308. One-time processing fee

11-309. Denial, suspension, or revocation of unified program facility permit or permit element

DIVISION 2. HAZARDOUS WASTE CONTROL

11-315. Purpose

11-316. Hazardous waste facility permit required

11-317. Hazardous waste facility permit fees

DIVISION 3. HAZARDOUS WASTE ON-SITE TREATMENT

11-325. Hazardous waste on-site treatment permit required

11-326. Hazardous waste on-site treatment permit fees

DIVISION 4. HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY

11-335. Purpose

11-336. Hazardous materials business plan fees

11-337. Reporting of carbon dioxide compressed gas

11-338. Compressed gas cylinder exemption

11-339. Compressed air and oxygen exemption

11-340. Risk management plan fees

DIVISION 5. UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES

11-345. Purpose

11-346. Underground storage tank permit fees

11-347. Re-inspection fee

11-348. Installation, repair, replacement, modification, or closure permit required

DIVISION 6. ABOVEGROUND STORAGE OF PETROLEUM

11-355. Purpose

11-356. Aboveground storage tank permit required

11-357. Aboveground storage tank fees

11-358. Aboveground storage tank closure permit required

ARTICLE XIV. TOBACCO RETAILERS

11-370. Definitions

11-371. Tobacco retailer permit required; compliance with other laws

11-372. Term; fees

11-373. Restrictions

11-374. Sale of flavored tobacco products prohibited

11-375. Tobacco products pricing and packaging

11-376. Permit application procedures

11-377. Issuance of a permit

11-378. Permit renewal and expiration

11-379. Permits nontransferable

11-380. Fee for permit

11-381. Modification, suspension, or revocation of permit

11-382. Tobacco retailing without a permit

11-383. Enforcement

11-384. Severability

ARTICLE XV. RESERVED

ARTICLE XVI. CANNABIS BUSINESS TAX

11-410. Title

11-411. Authority and purpose

11-412. Intent

11-413. Definitions

11-414. Tax imposed

11-415. Reporting and remittance of tax

11-416. Payments and communications - timely remittance

11-417. Payment - when taxes deemed delinquent

11-418. Notice not required by city

11-419. Penalties and interest

11-420. Refunds and credits

11-421. Refunds and procedures

11-422. Personal cultivation not taxed

11-423. Administration of the tax

11-424. Appeal procedure

11-425. Enforcement - action to collect

11-426. Apportionment

11-427. Constitutionality and legality

11-428. Audit and examination of premises and records

11-429. Other licenses, permits, taxes, fees or charges

11-430. Payment of tax does not authorize unlawful business

11-431. Deficiency determinations

11-432. Failure to report - nonpayment, fraud

11-433. Tax assessment -notice requirements

11-434. Tax assessment - hearing, application, and determination

11-435. Relief from taxes - disaster relief

11-436. Conviction for violation - taxes not waived

11-437. Violation deemed misdemeanor

11-438. Severability

11-439. Remedies cumulative

11-440. Amendment or repeal

ARTICLE XVII. COMMERCIAL CANNABIS ACTIVITY

11-450. Purpose and intent

11-451. Legal authority

11-452. Commercial cannabis activities prohibited unless specifically authorized by this article

11-453. Compliance with State and local laws

11-454. Definitions

11-455. Cannabis employee permit required

11-456. Maximum number and type of authorized commercial cannabis businesses permitted

11-457. Commercial cannabis business permit; application procedure

11-458. Persons prohibited from holding a license or employee work permit

11-459. Expiration of commercial cannabis business permits

11-460. Revocation of permits

11-461. Renewal of commercial cannabis business permits

11-462. Effect of State license suspension, revocation, or termination

11-463. Appeals

11-464. Appeal of decision of city manager or planning commission

11-465. Appeal hearing

11-466. Appeal of decision of community development director

11-467. Change in location; updated registration form

11-468. Transfer of cannabis business permit

11-469. City business tax certificate

11-470. Building permits and inspection

11-471. Certification from the community development director

11-472. Right to occupy and to use property

11-473. Location and design of cannabis businesses

11-474. Limitations on city’s liability

11-475. Cannabis delivery from outside the city

11-476. Records and recordkeeping

11-477. Operational standards

11-478. Restriction on alcohol and tobacco sales

11-479. Fees and charges

11-480. Miscellaneous operating requirements

11-481. Other operational requirements

11-482. Operating requirements for testing laboratories

11-483. Operating requirements for distributors

11-484. Operating requirements for cannabis manufacturing: edibles and other cannabis products; sale or distribution of edible and other cannabis products

11-485. Operating requirements for retail facilities

11-486. Operating requirements for retailers with delivery service

11-487. Operating requirements for cultivators

11-488. Promulgation of regulations, standards and other legal duties

11-489. Community relations

11-490. Permit holder responsible for violations

11-491. Inspection and enforcement

11-492. Compliance with State regulations

11-493. Violations declared a public nuisance

11-494. Each violation a separate offense

11-495. Penalties

11-496. Remedies cumulative and not exclusive

ARTICLE I. BUSINESS TAX CERTIFICATES

DIVISION 1. GENERAL PROVISIONS

SEC. 11-1. DEFINITIONS.

For the purposes of this article, the following words shall have the following meanings:

(A) ANNIVERSARY MONTH - The month in which a business first applied for a business tax certificate from the city. For those businesses in which the original anniversary month cannot be determined, the city shall assign an anniversary month and that date shall be the anniversary month for purposes of this article.

(B) BRANCH ESTABLISHMENT - A separate location of the same business for which a business tax certificate is obtained.

(C) BUSINESS - Professions, trades and occupations and every kind of calling, whether or not carried on for profit, not including the performance of a governmental function by a public agency.

(D) BUSINESS TAX SCHEDULE - The schedule of taxes and fees applied to businesses pursuant to this chapter, enacted or revised by resolution of the city council.

(E) CITY - The City of Oxnard.

(F) COLLECTOR - The assistant city treasurer or designee.

(G) COST OF OPERATIONS - The total amount expended for conducting a business within the city, including, but not limited to, wages, salaries, benefits, bonuses, leases and rentals for equipment and facilities, utilities, telephone, maintenance and general overhead expenses.

(H) EMPLOYEE - Any person engaged in conducting any business and earning regular wages or salary or directly participating in the profits of the business, including, but not limited to, owners, any member of an owner's family, proprietors, officers, directors, partners, managers, operators, trustees, trustors, beneficiaries, associates, salespeople, solicitors and joint venturers, but not including independent contractors.

(I) FIXED PLACE OF BUSINESS - A store, office or place, with a person or persons who are regularly in charge, where business is regularly conducted from day to day, week to week, for a period of six months or more, not including lodging rooms or places used temporarily, or not equipped with furniture, equipment and stock in trade customary to the particular business, but including a residence if the business is conducted from such residence in compliance with the city code and other laws.

(J) GROSS RECEIPTS - The total of amounts actually received or receivable from sales or for the performance of any act or service 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, including all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, but not including the following:

(1) Cash discounts allowed and taken on sales;

(2) Credits allowed on property accepted as part of the purchase price and which property may later be sold;

(3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

(4) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;

(5) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected and the agent or trustee has furnished the collector with the names and addresses of such persons and the amounts paid to them;

(6) That portion of the receipts of a general contractor which represent payments to subcontractors, provided that such subcontractors that do business in the city are licensed and the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor;

(7) Receipts of refundable deposits other than refundable deposits forfeited and taken into income of the business;

(8) As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion that represents commission or other income to the agent or broker;

(9) As to a retail gasoline dealer, a portion of receipts from the sale of motor vehicle fuels to the motor vehicle license tax imposed by and previously paid under the Cal. Rev. and Tax. Code; and

(10) As to a retail gasoline dealer, the special motor fuel tax imposed by federal law if paid by the dealer or collected by the dealer from the consumer or purchaser.

(K) INDEPENDENT CONTRACTOR - Any person engaged to aid in the business of another person and compensated through commission or in any manner other than regular wages or salary or direct participation in the profits of the business.

(L) PERSON - Any agent, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, association, company, joint stock company, business trust, domestic or foreign corporation, syndicate, society, any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit or otherwise, and an individual or natural person who is 18 years of age or older, not including an employee, and not including the city.

(M) PUBLIC AGENCY - The United States, the State, a county, a city, a county and a city, a public authority, a public district, and any other political subdivision of the State.

(N) SALE - The transfer, in any manner or by any means, of title to real or personal property for consideration, or the serving, supplying, or furnishing for consideration of any property, including a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price, including any transaction that is or that, in effect, results in a sale within the law.

(O) SWORN STATEMENT - An affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.

(`64 Code, Sec. 16-1) (Ord. No. 2456, 2804, 2838, 2977)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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