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Home My WebLink AboutORD 572ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE PROVISIONS OF THE BALDWIN PARK MUNICIPAL CODE WITH REFERENCE TO BUSINESS LICENSES. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 6100 through and including Section 6132, of the Baldwin Park Municipal Code, are hereby amended to read, respectively, as follows: CHAPTER 1 BUSINESS LICENSES AND TAXES" Part 1 General" 6100. DEFINITIONS. a) Business. As used in this Chapter, the wo73business' shall include all professions, trades, occupations and arty other kind of calling, whether or not carried on for a profit. The phrase engaged in business' shall mean the operating, conducting, managing or carrying on of any business within the City whether or not at a fixed place of business, i.e., an office, shop, store, etc., located within the City. b) Employee. As used in this Chapter, Employee' shall mean any person engaged, full time or part time, in the operation or conduct of any business, whether as owner, or any member of the owner s family or partner, or agent, or manager, or solicitor and any and all other persons employed or working in said business. c) Tax Collector. As used in this Chapter, tax collector* shall mean the officer designated by the City Manager to carry out the duties and to have the authority of the tax collector as set forth in this Chapter, t d) Wheeled Vehicle. As used in this Chapter, Wheeled vehicle' shall mean and include automobile, truck, tank truck, trailer, wagon, cart and any and all other contrivances used or capable of being used as a means of transportation of persons or property that move or roll on one or more wheels. I BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 72 6101. REVENUE MEASURE. This Chapter is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. 6102. SUBSTITUTE FOR OTHER REGULATIONS. Persons required to obtain a Business license and to pay a license tax for transacting and carrying on any business undef this Chapter shall not be relieved from compliance with any other applicable law. 6103. EFFECT OF CHAPTER ON PAST ACTIONS AND OBLIGATIONS PREVIOUSLY ACCRUED. The————— adoption, or subsequent amendment, of any pro- vision of this Chapter shall not, in any manner, be construed to affect prosecution for violation of any provision hereof, committed prior to the effective date hereof; nor shall such adoption or amendment be construed as a waiver of any license or any penal provision applicable to any such violation, nor.be construed to affect the validity of ap-y bond or cash deposit required by any regulation to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. 6104. BUSINESS LICENSE REQUIRED. It shall be unlawful for any person to engage in any business in the City without first obtaining a business license, and paying the license tax therefor, in the time and manner set forth in this Chapter. This section shall not be construed to require any person to obtain a business license or pay a license tax prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or the State of California. 6105. BRANCH ESTABLISHMENTS. A separate business license must IDC obtained, and a separate license tax paid therefor, for each branch business establishment, provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Chapter shall not be deemed to be a branch establishment. 6105.1. TWO OR MORE BUSINESSES. In the event that any person is engaged In more than one of several businesses required to be licensed by this Chapter, in the same location, and under the same management, such person shall obtain a separate license for each such business. 6106, EXEMPTIONS. a) Nothing in this Chapter shall be deemed or construed to apply to any person trans- 2 BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 72 acting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed. None of the business license taxes pro- vided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a business license tax is believed by a licensee or applicant for a business license to place an undue burden upon such commerce he may apply to the Tax Collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at or within six months after pay- ment of the prescribed business license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Tax Collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Tax Collector shall then conduct an investigation, and, after first having obtained the written approval of the City Attorney, shall fix as the business license tax for the applicant, an amount that is reasonable and non-discriminatory, or if the business license tax has already been paid, shall order a refund of the amount over and above the business license tax so fixed. In fixing the business license tax to be charged, the Tax Collector shall have the power to base the business license tax upon a percentage of gross receipts or any other measure which will assure that the business license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the business license tax as prescribed by this Chapter. Should the Tax Collector determine the gross receipts measure of business license tax to be the proper basis, he may require the applicant to submit either at the time of termination of applicant's business in the City, or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of business license tax therefor, provided that no addi- tional business license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual business license tax as prescribed in this Chapter. 3- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 b) Charitable and Non-profit Organizations, The provisions of this Chapter shall not be deemed or construed to require the payment of a business license tax to con- duct, manage or carry on any business, occupation or activity from any local insti- tution or organization which is conducted, managed or carried on wholly for the benefit of charitable, educational, civic or philanthropic purposes, if no profit there- from is derived, either directly or indirectly by any individual; nor shall' any busitiess license tax be required for conducting of any entertainment, concert, exhibition, cr lecture on scientific, historical, literary, religious, or moral subjects within the City whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent and/or charitable purpose in the City; nor shall any business license tax be required for the conducting of any 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 to any church, school or to any religious or benevolent and/or charitable purpose within the City; provided, however, that nothing in this Section shall be deemed to exempt any such organization or association from complying with any provisions of this Code requiring a permit from the City Council or any commission or officer to con- duct, manage or carry on any profession, trade, calling or occupation. Any person desiring an exempt busine&s license as provided in this Section shall make application for an Exempt Business License1 through the Tax Collector. Such applications shall be written upon a form provided by the Tax Collector. The application shall contain the name of the person or organization or brisf description of the class of persons for whose benefit the activity or solicitation is being made, together with the address and telephone number of such person or organization and, if an organization, the names and addresses of its officers); the name of the person or persons who are to solicit; the total amount to be realized; the estimated total amount to be expended as compensation therefor, and the total amount to be raised or realized in the activity, drive or campaign and the purpose for which the money or property derived from 4- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 such activity is to be used, which statement shall be signed by either the person applying therefor, the Chief Officer of the organization, for whom the activity is conducted, or if the activity is to be for an unorganized class of persons, verification shall be made by the person in charge of such activity. Before issuing an Exempt Business License', the Tax Collector may make inquiry of the appli- cant, or any other person, concerning the plan of conducting the activity, the disposition of the proceeds thereof, and the matters set forth in the application herein required, and, if upon such inquiry and/or from said application, he has reason to believe that the method of con- ducting such activity and/or the disposition of the proceeds does not qualify them as a local charitable or non-profit organization as required under this Section, he shall refuse to issue an exempt business license. In the event the Tax Collector does not grant an exempt business license to any person or organization, such person or organization shall have a right to appeal the decision to the City Council, The decision of the City Council shall be final. c) Disabled Veterans. Every peddler, solicitor, or other person claiming to be entitled to exemption from the payment of any business license tax provided for in this Chapter upon the ground that he is an honorably discharged or released soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor and who shall be a qualified elector of the State of California, as provided by Section 16001 of Business and Professions Code or other law of this State, shall, in addition to any other information required by this Chapter also file with the Tax Collector a certificate of a regularly licensed and practicing physician dated within one year of said application, to the effect that said applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of said incapacitation; provided no exempt business license shall be issued except in cases where the veteran applying therefor is actively engaged in the management and conduct of the business for which said exemption is requested. d) The Tax Collector shall, upon a proper showing contained in the verified state- ment, issue a business license to such person claiming exemption under this section without payment to the City of the busirAess license tax required by this Chapter. 5- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 e) The Tax Collector after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. 6107. EXCEPTION. The provisions of this Chapter shall not apply to sales of edible agricultural or poultry products sold or produced, which have not been processed in any way, other than washing, which sales are made from residences or other structures by the owners or occupants thereof, or members of their immediate families, where such residences or other structures are not designed, constructed or altered so as to display the edible agri- cultural or poultry products to be sold, or where such structures are temporary and without sides of any kind, and such residences or other structures are located on the property on which such edible agricultural or poultry products are raised, grown or produced, whether such sales are advertised by signs or not. 6108. APPLICATION CONTENTS OF LICENSE. Every person required to obtain a business license under the provisions of this Chapter shall make application for the same to the Tax Collector of the City, and upon the payment of the prescribed business license tax the Tax Collector shall issue to such person a business license which shall contain 1) the name of the person to whom the business license is issued, 2) the business licensed, 3) the place where such business is to be engaged in; 4) the date of the expiration of such business license, and 5) such other information as may be necessary for the enforcement of the provisions of this Chapter. 6109. APPLICATION FOR FIRST LICENSE, Upon a person making application tor a business license to be issued for a newly established business, such person shall furnish to the Tax Collector for his guidance in ascertaining the amount of business license tax to be paid by the applicant, a written statement, upon a form provided by the Tax Collector, setting forth such information as may be therein required and as may be necessary to determine the amount of the business license tax to be paid by the applicant. 6- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 The Tax Collector shall not issue to any such person another business license for the same or any other business, until such a person shall have furnished to him the written state- ment and paid the business license tax as herein required. 6110. BUSINESS LICENSE TAXES BASED UPON THE NUMBER OFTHPLOYEES.—In all cases where— a business license tax is based, in whole or in part, upon the number of employees engaged in the business, the average monthly number of persons employed by said business during the preceding calendar year shall be determined by the following formula: One-twelfth of the total number of employees earning wages for each month of the calendar year. When a business has existed less than twelve months of the year preceding the issuance of a business license, the actual number of months of existence shall be used in computing the fraction. If an employer has not previously engaged in business, he shall estimate the average number of employees who will be employed by him during the remainder of the calendar year. 6111. APPLICATION FOR RENEWAL OF LICENSE. In all cases, the applicant for tlie renewal of a business license shall submit to the Tax Collector for his guidance in ascertaining the amount of the business license tax to be paid by the applicant, a written statement, upon a form to be provided by the Tax Collector, setting forth such information concerning the applicant's business during the preceding year as may be required by said Tax Collector to enable him to ascertain the amount of the business license tax to be paid by said applicant pursuant to the provisions of this Chapter. 6112. STATEMENTS NOT CONCLUSIVE. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting, by appropriate action, such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the Tax Collector, who is hereby authorized to examine, audit and inspect such books and records of any licensee or applicant for a business license, as may be necessary in his judgment to verify or ascertain the amount of license fee due. All licensees, applicants for business licenses, and persons engaged in business in the City of Baldwin Park are hereby required to permit an examination of such books and records for the purposes aforesaid. 7- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 The information furnished or secured pursuant to this Chapter sh&ll be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this Code, in addition to any other penalties provided by law. 6113. FAILURE TO FILE STATEMENT OR CORRECTED STATE^EOT":—If any person fails to tile any required statement within the time prescribed, or if after demand therefor made by the Tax Collector, he fails to file a corrected statement, the Tax Collector may determine the amount of business license tax due from such person by means of such infor- mation as he may be able to obtain. If such a determination is made, the Tax Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen 15) days after the mailing or serving of such notice, make application in writing to the Tax Collector for a hearing on the amount of the business license tax. If such application is made, the Tax Collector shall cause the matter to be expeditiously set for hearing before the City Manager. The Tax Collector shall give at least ten 10) days notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The City Manager shall consider all evidence produced, and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment. 6114. APPEAL, Any person aggrieved by any decision of the Tax Collector with respect to the issuance or refusal to issue a business license may appeal to the Council by filing a notice of appeal with the Clerk of the Council. The Council shall thereupon fix a time and place for hearing such appeal. The Clerk of the Council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office, postage prepaid, addressed to such person at his last known address. The Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provisions of this Chapter. 8- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢ ¼IORDINANCE NO. 572 n6115' ADDITIONAL POWER OF TAX COLLECTOR. In addition to ail other powers conferred upon him, the Tax Collector shall have the power, for good cause shown to extend the time for filing any required sworn statement for a period not exceeding thirty 30) days, and in such case to waive any penalty that would other- wise have accrued; and shall have the further power, with the consent of the City Manager, to compromise any claim as to amount of business license tax due. Olie. NO LICENSE TRANSFERABLE, AMENDED LICENSE FOR CTOGED LOCATION.—No business license Issued pursuant to this Chapter shall be transferable; provided, that where a business license is issued authorizing a person to engage in a business at a particular place, such licensee may upon application therefor and paying a fee of $2.00 have the business license amended to authorize the transacting and carrying on of such business urider said business license at some other location. GlU. DUPLICATE LICENSE, A duplicate business license may be issued by the Tax Collector to replace any business license previously issued hereunder which has been lost or destroyed upon the licensee filing a written statement of such fact, and at the time of filing such statement paying to the Tax Collector a duplicate business license fee of $2.00. 6118. POSTING AND KEEPING LICENSE. All business licenses must Be kept and posted in the following manner: a) Any licensee engaged in business at a fixed place in the City shall keep such business license posted in a conspicuous place upon the premises where such business is carried on, b) Any licensee engaged in business but not operating at a fixed place in the City, shall keep the business license upon his person at all times while engaging in such business. c) Decals. Any licensee, to whom a business license has been issued for the operation of a wheeled vehicle, shall obtain from the Tax Collector, in addition to such business license, a numbered vehicle decal, for a fee of $0.60 per decal, for each wheeled vehicle. Said decal shall be permanently affixed to the lower right corner of the windshield of such vehicle. 9- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢ ¼IORDINANCE NO. 572 Any licensee to whom a business license has been issued for the operation of a coin- operated machine or device shall obtain from the Tax Collector, in addition to a business license, a numbered vending machine decal, at a cost of $0.60 per decal per machine; said decals shall be permanently affixed to each machine, in a conspicuous location. 6119. LICENSE TAX-HOW AND WHEN PAYABLE. Unless otherwise specifically provided in this Chapter, all business licenses issued under the provisions of this Chapter shall be annual business licenses, and the business license tax thereon shall be due and payable in advance on the first day of January of each calendar year Business license taxes for new businesses shall be prorated as follows: a) If the business is commenced after January 1st, and prior to June 30th, of any calendar year, the amount of business license tax shall be the full annual rate therefor; b) If the business is commenced after July 1st, and prior to December 31st, of any calendar year, the amount of business license tax shall be one-half the annual rate therefor; c) Provided that if the annual tax for such a new business or activity is $ 7.50 or less, there shall be no pro-ration, and the full annual tax rate shall be due and payable. All business license taxes shall be payable in advance, in lawful money of the United States, at the office of the Tax Collector of the City. 6120. PENALTY FOR FAILURE TO PAY TAXES WHEN DUE, Any person who falls to pay aw business license tax when due shall be assessed by the Tax Collector a penalty of 50% of the total amount of such business license tax. Said penalty shall be imposed if such taxes are not paid within thirty 30) calendar days after the due date of such taxes; provided that if the last day for payment of said tax falls upon a holiday, then the time for payment of such tax, without the imposition of a penalty, shall be extended to the next succeeding day during which the City offices are open for business. 10- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 6121. ADMINISTRATIVE RULES. The City Manager of the Cityis hereby authorized to adopt such administrative rules and regulations as may be necessary to effectuate the purposes of this Chapter. 6122. ENFORCEMENT. It shall be the duty of the Tax Collector, and he is hereby directed to enforce each and all of the provisions of this Chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Tax Collector. The Tax Collector in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this Chapter have been complied with. The Tax Collector and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its business license certificate. Any person having such business license certifi- cate theretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be guilty of a mis- demeanor and subject to the penalties provided for by the provisions of this Code. 6123. LICENSE TAX A DEBT. The amount of any business license tax and penalty imposed pursuant to the provisions hereof shall be deemed a debt to the City of Baldwin Park. An action may be commenced in the name of said City in any court of competent jurisdiction to recover the amount of any delinquent such tax and penalties. 11- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢ ORD 572ÜÂh£Ÿjì¾¢ ¼IORDINANCE NO. 572 permitting said subcontractor to begin or perform services for said general building or engineering con- tractor. Each general building or engineering contractor shall furnish the license inspector with a list of each such subcontractor upon forms furnished by the Building Department b) All Specialty Contractors licensed by the State of California as such, shall pay an annual license fee of $35.00. 6129. PROFESSIONAL, For engaging in any of the hereinafter described professions, the annual business license tax shall be based upon the average number of professional members and the average number of employees, computed as follows: for each person practicing his profession, other than as a salaried employee, $35,00 per annum, plus $5.00 per annum for each salaried employee in excess of three: ACCOUNTANT CHIROPRACTOR OPTICIAN APPRAISER DENTIST OPTOMETRIST ARCHITECT ENGINEERING OSTEOPATH ATTORNEY AT LAW CONSULTANT PHYSICIAN AUDITOR ENTOMOLOGIST PHYSIOTHERAPIST BACTERIOLOGIST GEOLOGIST SURVEYOR CHEMIST MORTICIAN VETERINARIAN CHIROPODIST OCCULIST X-RAY LABORATORY 6130. BUSINESSES NOT EXPRESSLY PROVIDED FOR. Every person engaged^in a business, as to which a business license tax is not specifically set forth herein, shall pay an annual license fee of $35.00, plus $5.00 for each employee in excess of three 3). 6131. SPECIFICALLY ENUMERATED BUSINESSES. Every person engaged in any of the following enumerated businesses shall pay an annual business license tax as follows: 1) Advertising. For maintaining a bill- board, bulletin board, advertising on benches or other similar structures, installing flags or other special decorations, a fee of $65.00. 2) Amusements and Coin-Operated Devices. a) Billiard and Pool Halls. Each billiard parlor or pool hall shall pay an annual license fee of $35.00, plus $12.50 for each table in excess of one 1). Such license shall include the right to sell tobacco and candy. 13- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 72 b) Bowling Alley. Every bowling alley shall pay an annual fee of $35.00 for the first alley or lane, and an additional fee of $12.50 for each alley in excess of one 1). c) Ca rnivaIs"Ci re us es. Every carnival ancT circus shall pay a fee of $62.50 for each day of operation, and an additional $12.50 per day for each sideshow, concession or ride, provided that the maximum license fee shall not exceed $125.00 per day. d) Coin-Operated Machines and Devices. Cotn-operated machines and devices shall be licensed by the owner of the business wherein such equipment is located. There shall be affixed to each such machine licensed a decal as indicated in Section 6118(c). The annual license fee for such machines shall be: Game machines or mechanical rides $ 60.00 each Music box 15.00 each Cigarette and tobacco machines-- 7.50 each Merchandise or service machines requiring 25^ or more to activate 7.50 each Merchandise or service machines requiring less than 25i to activate 1.25 each Washers and dryers not open to the general public but whose use is confined solely to the occupants of the apartment building or trailer court where such machines are located 5.00 each Postage stamp machines 1.25 each e) Dance Halls. Public or private dancing halls shall pay an annual license fee of $187.50. f) Theatres. Every theatre shall pay an annual license fee in an amount equal to $0.15 for each fixed seat or car space. 3) Auctioneers. Each person conducting an auction saleat a fixed place of business or elsewhere shall pay a business license fee of $125.00 per annum and there shall be no proration of this fee. 14 BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. 572 4) Auto Wrecking Yard, Every person engaged in ttie dismantling or altering of any motor vehicle or other activities generally carried on in an auto wrecking yard, shall pay a business license fee of $65.00 per annum, plus an additional fee of $5.00 for each employee over three 3). 5) Self-Service Car Wash Laundromat, Etc. Each self-service car wash, ice vendor, dry cleaning establishment, laundromat, or other similar business open to the general public, shall pay an annual license fee of $35.00. 6) Deliveries. The business license fee for conducting, managing or carrying on the business of running, driving or operating an automobile, truck, tpnk wagon, or any vehicle for the wholesale or retail delivery of merchandise of any nature, kind or description, or for the purpose of carrying on a bakery route, linen route, ice route, water Distilled, spring, mineral aerated) route, laundry or dry-cleaning route, dairy route, or other routes of a like or similar nature, whether wholesale or retail, shall be $35.00 per annum for the first vehicle and $8.75 for each additional vehicle. 7) Miscellaneous. a) Apartments. Apartments and multiple dwelling units, as defined in the zoning regulations hereof, con- sisting of three 3) or more such units, which are offered for rental or lease, located in a single structure or multiple structure, under common ownership, regardless of zone, shall pay an annual license fee computed in accordance with the following fee schedule: 3 9 Units $ 25 25 00 37 50 50 00 62 50 75 00 87 50 100 00 112 50 125 00 137 50 150 00 162 50 175 00 187 50 10 14 Units 15 19 Units 20 29 Units 30 39 Units 40 49 Units 50 59 Units 60 69 Units 70 79 Units 80 89 Units 90 99 Units 100 109 Units 110 119 Units 120 and above Units b) Hospitals. Hospitals shall pay an annual license tee of $65.00, plus $2.50 for each bed. 15- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. c) Hotels 3 Motels and Trailer Parks. Hotels, motels and trailer parks shall pay an annual license fee of $35.00 for the first three 3) units, plus $2.50 for each unit in excess of three 3). d) Rest Homes. Rest homes, homes for the aged and nursing and convalescent hospitals, and convalescent homes, shall pay an annual license fee of $35.00, plus $1.25 for each bed. e) Rooming Houses. Rooming houses shall pay an annual license fee of $6.25 per bed. 8) Junk Dealers. Junk dealers shall pay an annual license fee Of $35.00, plus an addi- tional fee of $5.00 for each employee over three 3). 9) Newspapers. For eadh daily weekly, semi-weekly or monthly newspaper, printed or published or circulated in the City, the annual fee of $65.00. 10) Pawn Shops. Pawn shops shall pay an annual license ee of $35.00, plus an additional fee of $5.00 for each employee over three 3). 11) Public Utilities. Every person engaged as a public utility or otherwise in the distri- bution, transportation or transmission of electricity, gas, communications or water, unless operating under a franchise and paying a franchise tax to the City, shall pay an annual license fee of $35.00, plus $5.00 for each employee. 12) Real Estate Brokers. Real estate brokers shall pay an annual license fee of $65.00 plus an additional fee of $5.00 for each employee. 13) Restaurants. Each restaurant, drive-in beer bar or codctail lounge shall pay an annual license fee as follows: a seating or drive-in accommodation for 25 people or less $31.25; seating or drive-in accommodations for between 25 and 100 people $62.50; and for seating or drive- in accommodations of over 100 people $125.00. 14) Automobile Dealers. Every person regularly engaged in the sale of new or used automobiles, trailers, campers, or similar items, shall pay an annual license fee of $65.00. 15) Solicitors. a) For every person, whether or not he has a fixed place of business in the City, 16- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IORDINANCE NO. who travels from place to place or house to house and makes demonstration;? of, or solicits, takes orders or canvasses for the sale of, or who sells any goods, wares, merchandise, subscriptions to periodicals or magazines, or things or articles of value of any nature, kind or description shall pay $65.00 per annum or $10.00 per day. b) Notwithstanding aiy other pro- vision of this Code, any person who employs, or who engages the services of another person as an independent contractor, 10 or more persons who engage in an activity for which a business tax would be imposed pursuant to Subsection a) hereof, shall be issued a single business license, upon payment of a business license tax of $260.00, which said business license shall entitle such person to engage and conduct solicitations within the City for not to exceed 15 individual solicitors. c) Every person or employee who desires to solicit in the City shall be required to furnish his fingerprints and thumb prints/ shall pay a fee of $3.00 and file an affidavit with the Tax Collector which shall contain the following: 1. Name, address and tele- phone number of the applicant. 2. Name and address of the person by whom employed, if any. 3. Length of service of such applicant with such employer. 4. Place of residence, and nature of employment of the appi" cant, during the period of at least the year just preceding. 5. Nature of the goods and service to be offered by the applicant. 6. Drivers license number and license number of applicant's automobile. 7. Citizenship status of applicant. 8. Personal description of the applicant, and a statement that he has not been convicted of a felony. 17" BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 572ÜÂh£Ÿjì¾¢¼IPAGL NO. 18 ORDINANCE NO. 572 After the affidavit has been filed, the Tax Collector shall refer the same to the Police Department for investigation. If, as a result of such investigation, it is found that the statements set forth in said affidavit are true, the business license shall be issued; and if, on the other hand, they are found to be untrue in any material manner, the application shall be denied. In the event the Tax Collector shall refuse to issue a business license to applicant, such applicant may appeal from the decision of the Tax Collector to the City Council of the City by filing a written notice of said appeal in the office of the City Clerk within five 5) days after notification by the Tax Collector that the application has been denied. 6132. COMPLIANCE WITH LAW. Issuance of a business license under the provisions of this Chapter shall not be deemed a waiver of any other provision of the Code; Licensees shall abide by the provisions of all applicable law. SECTION 2. That Section 6133 of the Baldwin Park Municipal Code is hereby repealed and rescinded. SECTION 3. That the City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 4th day of November 1970. ATTEST: City Clerk———— STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Perk. do hereby Certify that the foregoing Ordinance No. 572 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of October, 1970. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of November, 1970, by the following vote: AYES: COUNCILMEN Gregory, King, Btewett, Hamilton and Mayor McCaron NOES: COUNCILMEN ABSENT: COUNCILMEN THELMA L. BALKUS, CITY CLERK BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ¼IORDINANCE NO. 572 Gl^. REMEDIES CUMULATIVE, All remedies prescribed he rounder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. 6125. PENALTY FOR VIOLATION. Any person violating any of the provisions of this Chapter or knowingly or intentionally misrepresenting to any officer or employee of the City any material fact, in procuring the license or permit herein provided for shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred $500.00) Dollars, or by imprisonment in the City Jail for a period of not more than six 6) months, or by both such fine and imprisonment. 6126. SEVERABILITY. If any section, substance, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Chapter. The City Council of the City hereby declares that it would have adopted the provisions of this Chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub- sections, clauses, phrases or portions be declared invalid or unconstitutional," Part 2 Rates of Business License Taxes" 6127. BUSINESS LICENSE TAXES. The several rates of business license taxes required to be paid pursuant hereto by the owner, operator, or other person required to obtain a business license pursuant to this Chapter, are hereby fixed and established for and within the City of Baldwin Park, as set forth in this Part. 6128. CONTRACTORS. a) All General Engineering Con- tractors and all General Building Contractors, licensed as such by the State of California, engaged in such business in the City, shall pay an annual license fee of $65.00, It shall be the responsibility of every general building and engineering con- tractor to require subcontractors employed by them jto obtain a business license as herein provided, before 12- BIB] 37946-U01 ORD-U02 572-U02 LI2-U03 FO31549-U03 FO31610-U03 DO31620-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04