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ORDINANCE 776ORDINANCE NO. 776 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 5 OF THE "EL SEGUNDO MUNICIPAL CODE" RELATING TO BUSINESS REGULATIONS AND LICENSING. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 5.04.010, 5.04.030, 5.04.040, 5.04.060, 5.04.070, 5.04.090, 5.04.100, 5.04.110, 5.04.120, 5.04.130, 5.04.150, 5.04.170, 5.04.180, 5.04.190, 5.04.200, 5.04.210, 5.04.230, 5.04.240, 5.04.250, 5.08. 010, 5. 08. 070, 5. 08.2 50, 5.08. 310, 5.08. 320, 5. 08. 440 and 5. 32. 010 of the "El Segundo Municipal Code" are amended to read as follows: "5.04. 010 REQUIRED GENERALLY. It is unlawful for any per- son to commence or conduct in the city, any business specified, named, designated or referred to in this Code without first having procured a license from the city so to do as provided in this Title, or without complying with all of the requirements or provisions of this Title and any other ordinance of the city now existing or which may hereafter be adopted by the City Council, and which refers or relates to such business. The commencing or conducting of any such business with- out having first procured the license or without having complied with any and all such requirements or provisions shall constitute a sepa- rate violation for each and every day that the business is so com- menced and conducted. "5.04.030 UNLAWFUL BUSINESSES. No license shall be issued for any business which is prohibited within the city by this Code or by any ordinance of the city. "5.04.040 DISABLED VETERAN EXEMPTION. Notwith- standing any other provision of this Title, every soldier; sailor or marine of the United States of America, who has received an honorable discharge or release from active duty under honorable discharge or release from active duty under honorable conditions from the service and who is physically unable to obtain a liveli- hood by manual labor, and who is a voter of this state, shall have the right to peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxica- ting liquor, without payment of any license fee; and, the director of finance shall issue to the soldier, sailor or marine without cost a license therefor, upon presentation of proper and sufficient cre- dentials; provided, however, that no such business shall be com- menced or continued by the soldier, sailor or marine without first procuring the license herein referred to. "5.04.060 CONSTITUTIONAL PROVISION EXEMPTION. Nothing contained in this Title with reference to the payment of license fees shall be deemed or construed as applying to any per- son commencing or conducting any business which is exempt from the payment of license fees or license taxes by municipal corporations under or by virtue of the constitution or laws of the United States of America. "5.04.070 VOCATIONAL REHABILITATION APPLICANTS. Notwithstanding any of the other provisions of this Title, the City Council reserves the right to waive the payment of any license fee required under this Title from any licensee who is recommended in writing to the City Council by the vocational rehabilitation bureau of the State Department of Education, as worthy of consideration, and who, after personal interview of the applicant by the City Coun- cil sitting as a committeee of the whole, may be extended such a privilege by the City Council. In case the privilege is so extended, the City Council may fix such conditions as to the City Council may seem proper or desirable in connection with the business, occupa- tion or activity to be so licensed and conducted by the applicant. "5.04.090 EXEMPTION STATEMENT. Any person claiming a license exemption shall file a verified statement with the director of finance upon an application form therefor approved by the director of finance, stating the facts upon which the exemption is claimed. The director of finance shall, upon a proper showing contained in the verified statement, issue a license or permit to the person claim- ing exemption under this section without payment to the city of the license tax required by this Title. In addition to the above, the applicant shall obtain from the director of finance an identification card to be carried on his person when conducting the business. "5.04. 100 STATEMENT FILING - VIOLATION PENALTY. In all cases where the amount of license fee to be paid under the provisions of this Title by any person is based upon the number of persons employed, or upon the number of wagons or other vehicles used, or upon the amount of the maximum admission fee charged, or upon the number of tickets or instruments sold or issued, or upon the number of tables or other devices used for any business, enterprise, game or activity, or upon the number of rooms or units in any build- ing or structure, or upon the seating capacity of any enclosure, hall, room or building, the person shall, before obtaining a license for his business and within fifteen days after the beginning of each license period if the business is established and in operation during any part of the fifteen days, file with the director of finance for his guidance in ascertaining the amount of license to be paid or deposited for the person a written statement, certified as true by the applicant, show- ing the average daily number of persons employed by the person during the license period next preceding the date of the statement, or the num- ber of wagons or other vehicles, used, the amount of maximum admis- sion fees charged, the number of tickets or instruments sold or issued, the number of tables or other devices used for any business, enterprise, game or activity by the person, the number of rooms or units contained in the building or structure or the seating capacity of the enclosure, hall, room or building as the case may be at the date of the statement. "No statement shall be conclusive upon the city, or upon any offi- cer thereof, as to the matters therein set forth, or otherwise, and the same shall not prejudice the right of the city to recover any amount that may be ascertained to be due from the person in addition to the amount shown by the statement to be due in case the statement should be found to be incorrect. "If any person required by this section to make the statement fails to do so, the person shall be required to pay a license fee at the maximum rate prescribed in this Title for the business carried on by the person and shall be guilty of a violation of this chapter and be punishable therefor as provided in this chapter. "5.04. 110 BUSINESS CLASSIFICATION METHOD. In the event any applicant for a license under this Title, or any licensee thereunder, -2- "and the director of finance or his authorized deputy, charged with the issuance of the licenses provided for in this Title, are unable to agree with reference to the classification of any business here- under or the amount of the license fee to be paid therefor, then and in that event the applicant or licensee or the director of finance may appeal to the City Council to hear and determine the matter. The appeal may be taken by merely addressing a communication to the City Council, in writing, briefly stating the question involved. The communication shall be presented to the City Council at the next regular or special meeting of the City Council after the filing of the same with the director of finance, at which meeting the City Council shall hear the evidence with reference to the subject there- of as may be offered and may continue the hearing from time to time. The findings and decision of the City Council, after hearing and considering the evidence and referring to this Title,shall be bind- ing, final and conclusive as to the classification of the business and the amount of license fee involved hereunder. Pending the hearing of the appeal filed by an applicant for a license under this Title, no license shall be issued for the business involved in the controversy unless the classification assigned thereto by the director of finance is accepted in the meantime and the license fee therefor paid as pro- vided in this Title. The acceptance and payment shall be deemed made under protest and subject to decision of the City Council and the adjustment, if any, as the City Council may order. Appeals by a licensee under this section shall be filed with the director of fin- ance, in writing, as herein contemplated within ten days after the issuance of the license constituting the basis of appeal and if not so filed within the period of ten days, the same shall be deemed waived and thereafter shall not be considered by the City Council. "5. 04.120 LICENSE PREPARATION. It shall be the duty of the director of finance to prepare in duplicate a license under this Title for every person liable to pay a license fee hereunder; pro- vided, that the director of finance may prepare such additional num- ber of duplicate copies thereof as the business and accounting prac- tices of the city may require. Each license shall show the amount of the fee therefor, the period of time covered thereby, the name of the person to whom issued, the business license, and if a fixed or established place of business, the location or place where the busi- ness is to be commenced or conducted. All licenses under this Title shall be signed by the director of finance or his authorized deputy. "5. 04. 130 ISSUANCE. When the required license fee has been paid and all other provisions of this Title have been complied with, the director of finance shall issue the original license provided for in this Title to the licensee named in the license, and shall retain the first duplicate copy of the license on file in his office. Other duplicate copies, if any, shall be filed as the business and account- ing practices of the city may from time to time require. "5. 04. 150 FEE ERROR. No error or mistake on the part of the director of finance or otherwise in the determination, state- ment or collection of the amount of any license fee shall prevent or prejudice the collection by or for the city what shall be actually due from any person commencing or conducting any business sub- ject to a license under this Title. "5. 04. 170 DUPLICATE LICENSES. The director of finance may on receipt of an affidavit filed in the office of the director of finance by or on behalf of any licensee stating that any license issued under this Title has been lost or destroyed, issue a duplicate of the license to the licensee therein named. A charge of fifty cents shall be made for each such duplicate license issued, which sum -3- "shall be paid into the treasury of the city to the credit of the general fund. "5.04.180 DISPLAY. Every person having a license issued under the provisions of this Title and commencing or conducting the business therein mentioned at a fixed place shall keep the license conspicuously posted and exhibited in the place of business while the same is in force. Every person having the license and not having a fixed place of business shall carry or transport the license with him at all times while conducting the business. "5. 04. 190 RENEWAL. Every person having a license issued under the provisions of this Title shall exhibit the same to the direc- tor of finance or his authorized deputy when applying or a renewal thereof, and whenever requested to do so by any police officer of the city or by any inspector or officer thereof authorized to issue or inspect licenses or collect license fees. "5.04.200 VEHICLE TAGS. In all instances in which a license is required under the provisions of this Title and a vehicle is used in conduct of the business, the licensee shall request and the director of finance shall furnish the licensee with a suitable license tag or plate therefor, which tag or plate shall be perman- ently affixed to the windshield in the place permitted by state law. The sum of fifteen cents for the tag or plate shall be paid by the licensee. "5. 04.210 REVOCATION. All licenses issued under this Title are granted and accepted by all parties receiving licenses with the express understanding that the City Council may revoke the same at any time if satisfied that any of the conditions of the license or terms of this Title have been violated, that the license was obtained by fraudulent representation or that the holder of the license is an unfit person to be trusted with the privileges granted by the license; provided, however, that no license shall be revoked without first giving the holder an opportunity to appear before the City Council in his own behalf. On the revocation of the license no part of the money in the hands of the city shall be returned but the license fee shall be forfeited to the city. When the license of any person is revoked for any cause no new or other license shall be granted to the same person within six months from the date of the revocation. "5.04.230 FEE TO BE DEBT TO CITY. The amount of any license fee imposed by this Title shall be deemed a debt to the city, and any person commencing or conducting any business with- out having a license under this Title so to do shall be liable to an action by the city in any court of competent jurisdiction for the amount of the license fee imposed by this Title on the business. "5.04.240 COMPLAINTS AGAINST VIOLATORS. It is the duty of the Chief of Police to cause a complaint to be made against all persons violating any of the provisions of this Title, and as soon as he has knowledge of the same, to deliver to the director of finance the names of all persons not paying a license whom he believes should be charged with the payment of a license fee. "5.04.250 FAILURE TO PAY FEE. The conviction and punishment of any person for commencing or conducting any busi- ness without a license as required by the provisions of this Title, or without a special permit from the City Council when required, shall not excuse or exempt the person from the payment of any license fee due or unpaid under this Title at the time of the con- -4- 4570 "viction, and nothing contained in this Title shall prevent a crimi- nal prosecution for any violation of any of the provisions of this Title. "5.08. 010 AMOUNT TO BE PAID. The respective amounts or rates of license fees to be paid to the city by persons commencing or conducting any business subject to a license under the provisions of this Title shall be as designated in this Title, and the respective amounts or rates of license fees are respectively designated, fixed and established for the respective businesses to which the same res- pectively relate. The respective amounts or rates of license fees for the respective businesses are hereinafter set forth, designated, - fixed and established in the following sections of this Title pertain- ing to the amounts, rates or fees. "5.08.070 AGENTS, SOLICITORS AND SALESMEN. Agents, solicitors and salesmen selling or soliciting, or taking orders for the sale or furnishing of any paintings, pictures, portraits, photo- graphs, orders for advertising or for any goods, wares, merchan- dise or service at retail not otherwise provided for herein, when not in connection with any fixed place of business within the city licensed under this Title shall pay a license fee of eighteen dollars per day or thirty -six dollars per half year or forty -eight dollars per year for each agent, salesman or solicitor. The activities are limited to the hours of eight a. m, to six P. m. "5.08.250 COIN - OPERATED DEVICES - SEAL. Every machine or device licensed under the provisions of this Title shall have conspicuously affixed thereto a legible and current official seal or sticker issued by the license collector of the city for such machine or device licensed; the seal shall include the year of issuance and the number of the license under which it is issued. "5.08.310 CONTRACTOR - REPAIR, ALTERATIONS. Every person commencing or carrying on the business of minor construc- tion, alterations, improvements or repair work, or one undertak- ing any project by one or more contracts, the aggregate contract price for which, for labor, materials and all other items is less than one hundred dollars, shall pay a license fee of twelve dollars per year. This type of license shall not be issued or apply in any case wherein the work of construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made on con- tracts of amounts less than five hundred dollars for the purpose of evading the obtaining of a license or the payment of a license fee under this Title or any of the provisions thereof. "Wherein repairs to damages resulting from accident or fire do not exceed one thousand dollars total valuation, a general license covering the activities of all trades involved in repair work may be issued to the prime contractor for the one project for a license fee of twenty -four dollars. "5.08.320 SUBCONTRACTOR OR SPECIALTY CONTRACTOR. A subcontractor or a specialty contractor for the purposes of this Title is defined as one whose operation is the performance of con- struction work requiring special skill and whose prinicipal contract- ing business involves the use of a specialized building trade or craft, not otherwise provided. "Every person commencing or carrying on the work of a sub- contractor shall secure a separate city license and shall pay for the same a license fee of twenty -four dollars per year. -5- "5.08.440 JUNK COLLECTORS. Junk collectors shall pay a license fee of twenty -four dollars per year for each vehicle used. Junk collector, as used herein, is defined to be a person commencing or conducting the business of going from house to house, or from place to place, gathering, collecting, buying, sell- ing or otherwise dealing in old rags, sacks, bottles, cans, paper or other articles, commonly known as 'junk' ; provided, however, that any person licensed under the provisions of this section shall not solicit for 'free will offerings' of such materials as are above enumerated or referred to under the guise or representation that the same are being collected by or for any charitable or other organization entitled to obtain a free permit as provided for under other provisions of this Title. It is provided, however, that the provisions of this Title relating to junk collectors shall not apply to official collectors of the city or collectors specially authorized by the City Council to make the collections as a public service. "5. 32.010 DEFINITIONS. For the purposes of this chapter, the following words and phrases shall have the meanings respec- tively ascribed to them in this section: 'Advertising display' refers to advertising structures and to signs. 'Advertising structure' refers to a structure of any kind or characeter erected or maintained for outdoor advertising purposes on which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary. Neither 'advertising structures' nor 'signs,' as used in this chapter includes: (1) Official notices issued by a court or public body or officer. (2) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice. (3) Directional, warning or information signs or structures required or authorized by law or by federal, state or municipal authority. 'Freeway' means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the state. 'Landscaped freeway' means a section or sections of a free- way which is now or hereafter may be improved by the planting on at least one side of the freeway right of way of lawns, trees, shrubs, flowers or other ornamental vegetation which shall require reason- able maintenance. Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards or traffic noise abatement shall not change the character of a freeway to a landscaped freeway. 'Sign' refers to any card, cloth, metal, painted or wooden sign of any character placed for outdoor advertising, purposes on or to the ground, or any tree, wall, bush, rock, fence, building, structure or thing, either publicly or privately owned, other than an advertising structure. The verb 'to place' and any of its variants as applied to adver- tising displays includes the maintaining and the erecting, construct- ing, posting, painting, printing, tacking, mailing, gluing, stitching, carving or otherwise fastening, affixing or making visible any adver- tising display on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure or thing. " SECTION 2. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 3. The City Clerk shall certify to the passage and adop- tion of this ordinance; shall cause the same to be entered in the book of ori- ginal ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo, and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 22d day of November , 197 1 . ATTEST: ,- City Clerk (SEAL) -7- y s 7o?_ a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, JANE D. HOUGH ..... ..... , City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. .776, . . is a full, true and correct original of Ordinance No. ....776 ..... of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TOTLE 5 OF THE "EL SEGUNDO MUNICIPAL CODE" RELATING TO BUSINESS REGULATIONS AND LICENSING. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the ..llad .. day of . NQW1.MJ3J�1?,..... , 19.31 ... , , , . , and that the same was so passed and adopted by the following vote: AYES: Councilmen ...Balmer,° Morgan,, Nagel,. and ......... . . .. . ... Mayor. Stephens .. . NOES: Councilmen ... Xor1e, ................................... ABSENT: .................................... I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. ...7.7.6 ... was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: ..Decembex. 1, .1371.... JANE D. HOUGH ........... ............................... City Clerk of the City of E1 Segundo, California (SEAL) By Deputy �5�� —T3 Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) TaII�CS L• B1'11Ce ......... . - _-- „__....... being first duly sworn, deposes and says: That he is, and as all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the ............ -- .........1 T ACSPA-1.....Cle.rk .......... ....--- --........ ------..... ............................... --......... .- ............................. .. ............................... Editor of EL SEGUNUO HERALD. a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at ail of the times herein mentioned, o newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; •that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred •to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, pr ofessions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, eallings, races or denomin- ations, or any of such cusses, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page............numbered hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded witty words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument untended to be published, as will appear from an inspection of the said annexed Instru- ment; that the ...---- Or-dinanes - -- No-.... 17. �s............-------------------------------------------------------------------......-. .....------ .------ .....-- - - - - -. of which the annexed is a printed copy ss hereinabove stated, was published and printed in said news- paper at least ....019.0........ week .,.y, by -- _- Q�-- -- ••••--- - - - - -- consecutive publication ......... commencing on the 1... -... day of .......... December . A. D..71........., and ending on the ..---1 ......................... day of ................Deemer -- ----- ___... A. D. 19.7 '..-., and as often during said time as said newspaper was regn- laxly issued, to -wit: December -1. 1971 ................... .........- ...--- ..............- - - -- ---...----........----......---.....................---.........-----.... .---- .......- ......------ - - - - -- .........:.................... S ribed d sworn to before me this�!L�PI.......... day of .tiliLM ..............I A. D. 19..71.. City clerk of tine City of Segundo, County of Los Angeles, StMe of California. By-------- •--- ------ - - - - -- ----------------------------------- - - - - -- --------------- -- - - -.- Deputy City Clerk of said City.