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ORDINANCE 10545613 ORDINANCE NO. 1054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 3 (REVENUE AND FINANCE), TITLE 5 (BUSINESS REGULATIONS AND LICENSING), AND TITLE 16 (BUILDING AND STRUCTURES) OF THE EL SEGUNDO MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3.12.030 (Imposition — Rate) and Section 3.12.035 (Imposition — Rate) of Chapter 3.12 (Transient Occupancy Tax of Title 3 (Revenue and Finance) of the El Segundo Municipal Code are hereby repealed in their entireties, and a new Section 3.12.030 is hereby added to Chapter 3.12 of Title 3, to read as follows: "Section 3.12.030 IMPOSITION--RATE. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a pro- portionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that the tax shall be paid directly to the tax administator." SECTION 2. Section 5.04.010 (Required Generally) of Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby deleted in its entirety and a new Section 5.04.010 is hereby added to the El Segundo Municipal Code, to read as follows: "5.04.010 REQUIRED GENERALLY. It is unlawful for any person to commence or conduct in the city, any business specified, named, designated or referred to in this code without first having pro- cured 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 without having first procured the license and paid the required license fee or without having complied with any and all such requirements or provisions shall constitute a separate violation for each and every day that the business is so commenced and conducted." SECTION 3. Section 5.04.021 (Business Registration Fee) of Chapter 4 (Licenses in General) of Title 5 (Business Regulations and licensing) of the El Segundo Municipal Code is hereby deleted in its entirety and a new Section 5.04.021 is hereby added to the E1 Segundo Municipal Code, to read as follows: "5.04.021 BUSINESS REGISTRATION FEE. Any license fee for a license issued pursuant to the terms of this chapter shall be denominated a business registration fee. In addition to any other legend the director of finance considers appropriate the business registration fee document shall carry on its face the following legend: 'This Business Registration Fee document does not constitute a permit to engage in any business. In appropriate cases when required by city ordinance a separate permit is issued.'" SECTION 4. Section 5.04.22 is hereby added to Chapter 4 (licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code, to read as follows: "5.04.022 REDUCTION OF CERTAIN BUSIES REGISTRATION TAXES BASED ON SALES TAX RECEIPTS. Whenever in this title a business registration tax is imposed based on the number of employees of any business regulated by this code, the acreage of space owned, leased or rented, or the number of vehicles owned or operated, the amount of the busies registration tax shall be reduced proportionately whenever the amount of sales tax receipts from the state in the immediately preceding fiscal year exceeds the limit determined by the formula in subparagraph (a) below: (a) The sales tax limit which will trigger a reduction in the per capita business registration tax, the acreage tax and the vehicle tax, shall be equal to eighty percent of the sales tax revenue received in the 1979 -80 fiscal year multiplied by the appropriations limit established annually since 1980 -81 under the provisions of Article MR B of the California Constitution. (b) In any year in which sales tax revenue exceeds the limit established in subparagraph (a), the per capita business registration tax, acreage tax and vehicle tax due the following January 1 shall be reduced by the percentage that revenue exceeds the limit." Section 5. Section 5.04.100 (Statement Filing -- Violation Penalty) of Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby deleted in its entirety and a new Section 5.04.100 is hereby added to the E1 Segundo Municipal Code, to read as follows: -2- 561: "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 vehicles used, or upon the number of machines or other devices used for any business, enterprise, dame or activity, or upon the number of rooms or units in any building or structure, the person shall, before obtaining a license for the business and within fifteen days after the beginning of each license period, 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, showing the number of persons employed by the person during the license period next preceding the date of the statement, or the number of vehicles used, or the number of machines or other devices used for any business, enterprise, game or activity by the person, or the number of rooms or units contained in the building or structure. The number of employees or vehicles shown on the statement shall be the basis for payment of an estimated license fee deposit for the license period. If the number of employees or vehicles increases from the estimate, as shown by the state- ment filed at the beginning of the next license period, the person shall pay an additional license fee which reflects the actual number of persons employed or vehicles used during the license period. If the number of employees or vehicles decreases from the estimate, as shown on the statement filed at the beginning of the next license period, the city shall credit the person an amount which reflects the difference between the estimate and the actual number of persons employed or vehicles used during the license period. No statement shall be conclusive upon the city, or upon any officer 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." SECTION 6. Section 5.04.105 is hereby added to Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code to read as follows: —3— 56].6 "5.04.105 AVAILABILITY OF RECORDS--DETERMINA- TION OF PROPER LICENSE FEES. Every person required by this title to pay a license fee shall at all reasonable times, upon request of the city, make available at the person's place of business, all records relating to the person's business which show the basis upon which the person has applied to the city for a business license, and upon which the person based the amount of the business license fee due to the city." SECTION 7. Section 5.04.107 is hereby added to Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code to read as follows: "5.04.107 FALSE STATEMENTS UNLAWFUL. It shall be unlawful for any person required to apply for a license and pay a license fee under this title to make any false statement on said appli- cation." SECTION 8. Section 5.04.120 (License Preparation) of Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) is hereby deleted in its entirety and a new Sec- tion 5.04.120 is hereby added to the El Segundo Municipal Code, to read as follows: "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 number of duplicate copies thereof as the business and accounting practices 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 business is to be commenced or conducted. All licenses under this title shall be signed by the director of finance or his authorized deputy." SECTION 9. Section 5.04.140 (Fee Payment) of Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby deleted in its entirety and a new Section 5.04.140 is hereby added to the E1 Segundo Municipal Code, to read as follows: "5.04.140 FEE PAYMENT. Annual license fees shall be due and payable in advance on the first day of January. A license fee for a new business commenced on or after July 1 of any year shall be prorated on a semiannual basis, except that no pro- rated fee shall be less than twelve dollars." —4— SECTION 10. Section 5.04.160 (Transferability) of Chap- ter 4 (licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby deleted in its entirety and a new Section 5.04.160 is hereby added to the E1 Segundo Municipal Code, to read as follows: "5.04.160 TRANSFERABILITY. Licenses are non- transferable; however, an owner of a relocated business may obtain a license for the business at the new location for the unexpired calendar year upon surrendering the license issued for the former place of business and the payment of a six dollar fee." SECTION 11. Section 5.04.170 (Duplicate Licenses) of Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby deleted in its entirety and a new Section 5.04.170 is hereby added to the E1 Segundo Municipal Code to read as follows: "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 three dollars shall be made for each such duplicate license issued, which sum shall be paid into the treasury of the city to the credit of the general fund." SECTION 12. Section 5.04.200 (Vehicle Tags) of Chap- ter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby deleted in its entirety and a new Section 5.04.200 is hereby added to the E1 Segundo Municipal Code, to read as follows: "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 conducting 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 permanently displayed in a seven —inch square in the lower corner of the windshield farthest removed from the driver. The sum of fifty cents for the tag or plate shall be paid by the licensee." SECTION 13. Section 5.04.255 (Small Income Businesses) is hereby added to Chapter 4 (Licenses in General) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code to read as follows: —5— 5618 "5.04.255 SMALL INCOME BUSINESSES. Upon the filing of an application for a small income business license and an affidavit stating, among other things, that the volume of contemplated business would be so small that the regular business license fee therefor would impose a hardship of unfair proportions; and upon the city council s finding and determining that the representations are true and correct, the city council may order the issuance of a small income business license which shall be for the current fiscal year, and shall be issued upon payment of a twelve dollar license fee." SECTION 14. Chapter 5.08 (Business License Schedule) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby deleted in its entirety and a new Chapter 5.08 (Business License Schedule) is added to Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code, to read as follows: "CHAPTER 5.08 BUSINESS LICENSE SCHEDULE 5.08.010 AMOUNT TO BE PAID. The amount of license fee to be paid to the city by persons commencing or conducting any business subject to this Chapter shall be as provided in this Chapter. 5.08.015 BRANCH ESTABLISHMENTS. Every person owning or operating a business which is subject to the provisions of this Chapter 5.08 shall pay a single license fee for all branch locations or separate places of business within the city. In addition to the single license fee, such persons shall pay an additional ten dollars per year for each branch location or separate place of business within the city. 5.08.020 BUSINESSES GENERALLY. All other businesses not specifically mentioned, or classified, shall pay a license fee of fifty dollars per year. 5.08.030 ADVERTISING -- BILLBOARDS OR SIGNBOARDS. Every person engaged in the business of contracting, maintaining, using or leasing bill- boards or signboards, or posting, sticking, tacking, or affixing or painting bills or signs, or both, upon the same shall pay a license fee of twenty -five dollars per annum for each such bill- board or signboard. 5.08.040 ADVERTISING -- LIGHTS. Every person advertising by means of portable searchlights or arc lights or light - producing apparatus or equip- ment shall pay a license fee of fifteen dollars per quarter. The license shall be subject to com- pliance with all requirements of the traffic ordinances and regulations of the city. 561s "5.08.050 ADVERTISING--VEHICLE SIGNS. Every !�- person advertising by means of portable signs mounted on vehicles when not in connection with any business licensed under Section 5.08.060 shall pay a license fee of fifty dollars per year. The license shall be subject to compliance with all requirements of the traffic ordinances and regula- tions of the city. 5.08.060 ADVERTISING - -SOUND TRUCKS. Every person advertising by means of sound trucks, portable loudspeakers or sound - producing apparatus or equipment shall pay a license fee of fifty dollars per year. The license shall be subject to compliance with all requirements of the traffic ordinances and regulations of the city. 5.08.070 AGENTS, SOLICITORS AND SALESMEN. Agents, solicitors and salesmen selling or soliciting, or taking orders for the sale or fur- nishing of any paintings, pictures, portraits, photographs, orders for advertising or for any goods, wares, merchandise or service at retail not otherwise provided for herein, when not in connec- tion with any fixed place of business within the city licensed under this title shall pay a license fee of thirty dollars per day or one hundred dollars per year for each agent, salesman or solic- itor. All such sales, solicitations and /or order taking are prohibited between the hours of six p.m. and eight a.m. 5.08.078 AMUSEMENT CENTER. An amusement center is defined as any place to which the public is admitted or invited where eight or more coin or slug- operated amusement machines are maintained, operated or available for operation. Every person operating an amusement center shall pay a license fee of two hundred dollars per year. It is unlawful for any person to establish, maintain, conduct or keep open any amusement center as defined in this section within the cor- porate limits of the city without first having obtained a permit in writing from the director of finance. In any application for an amusement center the director of finance may require, in addition to other information, that the applicant furnish the information necessary to enable the chief of police to make an investigation of any prior criminal activity of the applicant or any operator of the amusement center. After an investigation by the chief of police the director of finance shall approve the applica- tion for the amusement center permit or renewal of such permit if he finds: (1) A completed written application form therefor has been filed; and (2) The required license fee therefor has been paid to the city treasurer; and -7- 56,910 (3) As a result of his investigation all applicable provisions of this section with regard to such permit application have been met; and (4) That the operation by the applicant will be carried on in a building, structure and location which complies with and meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the state of California and this code applicable to such business operation; and (5) That the applicant, his employee, agent or any person connected or associated with appli- cant as a partner, director, officer, stockholder, associate or manager has not been convicted in a court of competent jurisdiction by final judgment of an offense involving the maintenance of a nuisance in connection with the same or similar business operation; and (6) That the business is not a public nuisance or has not been a public nuisance at any time within the last five years; and (7) That the applicant, his employee, agent, or any person connected or associated with appli- cant as partner, director, officer, stockholder, associate, or manager has not knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with the chief of police; and (8) That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation. 5.08.080 AMUSEMENTS GENERALLY. Every person operating a business where an admission, fare, fee or charge is charged or made, or a collection or contribution is received (and which are not other- wise provided for in this chapter) for entrance to amusements such as exhibitions, shows, games, rides, tent performances, merry -go- rounds, carou- sels, shoot- the - chutes, shooting galleries, Ferris wheels, pig slides, ball games, dart games, roller coasters, grunt derbies, whip rides, scooter rides, sideshows, illusions and other amusements or concessions similar in character to those, or any of those hereinabove named shall pay a license fee of ten dollars per day or one hundred dollars per month, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.085 APARTMENT HOUSE AND APARTMENT HOUSE COMPLEXES. An apartment house complex for the purpose of this section is defined as two or more individual buildings containing dwelling units located upon the same property or on contiguous property under the same ownership. mac' Jfi ?I Every person owning apartment houses or apartment house complexes shall pay a license fee of fifteen dollars per year for the first three dwelling units; and five dollars per year for each additional dwelling unit; provided, however, that the dwelling units used in computing the obliga- tion to pay the license fee shall be the dwelling units rented or leased and the dwelling units held for rent or lease shall not include a dwelling unit occupied by the owner. 5.08.090 AUTOMOBILE AND TRUCK WRECKING OR DISMANTLING. Every person engagin& in the business of automobile, truck wrecking or dismantling, and /or operating an automobile, truck wrecking or dismantling yard and /or outdoor yard of similar character shall pay a license fee of two hundred dollars per year, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.130 BANKRUPT STOCK AND FIRE SALES. Every person conducting bankrupt stock sales, fire sales, damaged goods sales and sales of similar character (not at auction) shall pay a license fee of eighteen dollars per month, sixty dollars per quarter or two hundred dollars per year, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.140 BARBERSHOPS. Every person operating a barbershop shall pay a license fee of fifty dollars per year. 5.08.150 BEAUTY PARLORS. Every person operating a beauty parlor and similar businesses shall pay a license fee of fifty dollars per year. 5.08.170 BILLIARD AND POOLROOMS. Every person operating a billiard room and /or poolroom shall pay a license fee of fifty dollars per year, which shall include the right to sell cigars, tobacco, soft drinks, chewing gum and confections, subject to first obtaining a special permit as pro- vided by Sections 5.28.010 and 5.28.020. 5.08.180 BOWLING ALLEYS. Every person opera- ting a bowling academy, bowling alley, bowling center or similar business shall pay a license fee of fifty dollars basic, plus two dollars per lane per year. A license granted under this section shall include the right to sell bowling equipment, paraphernalia and bowling apparel, but shall not include the right to conduct a cafe, restaurant, lunch counter or refreshment or confectionery stand or concession, or any other type of business, except as specifically authorized above. 5.08.190 BUILDING MATERIAL WRECKING YARD. Every person operating a buildin& material wrecking yard, second -hand building material yard, junk yard and used equipment, used material and outdoor yard .RD J F 7R of similar character shall pay a license fee of two hundred dollars per year, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.195 CHEMICAL, PETROLEUM, CEMENT OR CRYOGENIC PRODUCTS; SMELTERS OR REFINERIES. Every person owning or operating a business engaged in the processing or manufacturing of chemical, petroleum, cement or cryogenic products; and every person owning or operating a business engaged in smelting or refining shall pay a business license fee in accordance with the following schedule: (a) A basic fee of fifty dollars per year, which fee shall cover the first ten employees; (b) Twenty dollars per year for each employee in excess of ten employees. For the purpose of determining the number of employees in any business subject to this section the term "employee" shall mean any person employed in a full time, part time, or temporary capacity and working in said business for a wage, salary, commission, fee or board and room. The number of employees of the said business, for the purposes of this section, shall be deter- mined by totaling the number of hours worked by all employees (as defined herein) during the license period, and thereafter dividing that number by 40, and the result thereof by 52, or a number less than 52 which reflects the number of weeks the bus- iness operated during the license period. (c) Three hundred dollars per year per square acre of space owned, leased or rented for the purpose of producing, manufacturing or processing chemical, petroleum, cement or cryogenic products; or for the purpose of smelting or refining. (d) Thirty —six dollars per year for each vehicle in excess of six thousand (6,000) pounds (gross vehicle weight) owned or operated in the conduct of the business. (e) Ten dollars per year for each additional business location within the city. 5.08.200 CHRISTMAS TREE SALES. Every person engaged in the business of Christmas tree sales shall pay a license fee of twenty —five dollars per year. 5.08.210 CIRCUS, WILD WEST SHOW OR SIDESHOW. Every person operating a circus or wild west show, not inluding any sideshows, shall pay a license fee for the first day of one hundred dollars, and fifty dollars per day thereafter. A sideshow shall pay a license fee of fifty dollars per sideshow for the first day and twenty —five dollars per sideshow per day for each day thereafter. Every such person —10— 5623 shall obtain a special permit from the city council to operate such circus, wild west show or sideshow, prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.220 CLOTHING OR OTHER MERCHANDISE CLUB. Every person operating a clothing club, jewelry club or other merchandise club shall pay a license fee of two hundred dollars per year. 5.08.230 COIN OPERATED VENDING MACHINES -- PERSONS NOT PRIMARILY ENGAGED IN THE BUSINESS OF RENTING, LEASING OR OPERATING THE SAME. Every person not primarily engaged in the business of renting, leasing or operating coin — operated vending machines for which a license is required by Section 5.08.235, who places, maintains, and operates, or offers for operation, a vending machine or machines or a vending device or vending devices which vends or delivers merchandise of any character or provides a service, for which the coin or coins are inserted, shall pay a license fee of twenty —five dollars per year per vending machine or vending device. This section shall not apply to Sections 5.08.236, 5.08.237 and 5.08.238. 5.08.235 COIN — OPERATED DEVICES -- PERSONS ENGAGED IN THE BUSINESS OF RENTING, LEASING OR OPERATING THE SAME. Every person engaged in the business of renting, leasing or operating coin — operated vending machines shall pay a business license fee of eighty cents per one thousand dollars of gross receipts actually derived from the conduct of such business within the city, but in no event less than fifty dollars per year. The license fee shall be paid upon an estimate of the gross receipts for the previous year. At the end of the license period, or within thirty days after going out of business, the licensee shall file a statement showing his or her true gross receipts and if such gross receipts exceed the estimate, he or she shall pay the difference to the city. If the gross receipts are less than the estimate, no refund shall be made but a credit shall be allowed on the following year's license fee. This section shall not apply to Sections 5.08.236, 5.08.237 and 5.08.238. 5.08.236 COIN OPERATED DEVICES- - AUTOMATIC LAUNDRY AND DRY CLEANING ESTABLISHMENTS. Every person engaged in the laundry and dry cleaning business where coin—operated laundry and dry cleaning machines are used in the operation of the business and which are not pre—empted by Section 16002.2 of the Business and Professions code shall pay a business license fee of one dollar per year per machine; provided, however, that the business license fee shall not be less than fifty dollars per year. —11— 3 6. ?4 5.08.237 COIN OPERATED AUTOMATIC WASHERS AND DRYERS -- PERSONS NOT PRIMARILY ENGAGED IN RENTING, LEASING OR OPERATING THE SAME. Every person not primarily engaged in the business of renting, leas- ing or operating coin — operated automatic washers and dryers who places, maintains and operates or offers for operation automatic washers and dryers for which coins are inserted shall pay a license fee of one dollar per year per machine. 5.08.238 COIN— OPERATD AUTOMATIC WASHERS AND DRYERS -- PERSONS ENGAGED IN THE BUSINESS OF RENTING, LEASING OR OPERATING THE SAME. Every person rent- ing, leasing or operating coin—operated automatic washers and dryers, whose business is limited exclusively to the renting, leasing or operating of such machines shall pay a business license fee of: For the first $2,000.00 . . . . . . $10.00 For each $1,000.00 for the next $3,000.00 . . . . $ 2.50 For each $1,000.00 thereafter . . . $ 1.25 of the gross receipts actually derived from the conduct of business within the city. The license fee shall be paid upon an estimate of the gross receipts but the estimate shall not be less than the &ross receipts for the previous years and within thirty days of going out of business or thirty days of the end of the calendar year licensee shall file a statement showing the total gross receipts and if such gross receipts exceed the estimate, shall pay to the city the difference; if the gross receipts are less than the estimate, no refund shall be made but a credit shall be allowed on the following year's license fee to the same licensee; provided, however, that the business license fee required by this section shall not be less than ten dollars per year. 5.08.240 COIN—OPERATED DEVICES - -WITH AMUSEMENT FEATURES. Every person owning a coin or token operated machine or device having an amusement or skill feature connected therewith shall pay a license fee of fifty dollars per year. Licenses granted under this section shall be revocable at any time at the pleasure of the city council for any reason which the city council may deem appropriate. 5.08.250 COIN — OPERATED DEVICES- -SEAL. Every person owning a machine or device which is required to pay a license fee 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. 5.08.270 CONCERT OR OPERA. Every person operating a concert, opera, entertainment, or other show, exhibition or performance not exceeding two performances during any one calendar month shall pay a license fee of two dollars per month, and shall obtain a special permit from the city council _ to do so prior to engaging in such activities. The �. city council may condition such permit in any manner not prohibited by law. —12— 56?5 5.08.280 CONTRACTOR -- GENERAL, ELECTRICAL, PLUMBING - -FEES. Every person engaged in the business of contracting in any of the following trades shall pay a license fee of seventy -five dollars per year: general building contractor, general building contractor (speculative), electrical contractor, and plumbing contractor. 5.08.290 CONTRACTOR -- DEFINITIONS -- PROVISIONS. A general building contractor, as used in this chapter, is a contractor or person whose principal contracting business is in connection with any structure built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of two or more unrelated building trades or crafts or to do or to superin- tend the whole or any part thereof. A general building contractor (speculative), as used in this chapter, is a contractor or person who builds or constructs a building or structure on property owned, possessed or controlled by him for the purpose of selling or disposing of the same during, or subsequent to, construction or erection thereof. Nothing contained within this chapter shall be construed to permit any general building contractor or any general building contractor (speculative) to operate, in addition to his regular business of general building contracting or general building contracting (speculative) any one specialized building trade business or sub - contractin� business, for which a sub or specialty contractor s license is required, without the payment of an additional fee as prescribed for the business by Section 5.08.320. Provided, further, that any architect or engineer who; in addition to his regular professional duties of designing and superintending the design and erection of any building or structure, also acts in the capacity of a general building contractor or general building contractor (speculative) as defined in this section, or who subcontracts or employs labor to perform any or all of the work involved either acting for himself or the owner of the building shall pay the same fee as a general building contractor or a general building con- tractor (speculative), as the case may be. The provisions of this section do not include anyone who merely furnishes materials or supplies without fabricating them into or consuming them in the performance of the work of a general building contractor or general building contractor (specu- lative). Every person who represents or claims that the work being done or performed by him is being done or performed by the hour or by the day's work shall furnish to the license collector or his authorized deputy, if asked, an affidavit from his employer or from the owner of the building or structure being erected or constructed stating the nature of the -13- 5626 work, the wages, fee or commission being paid and the location of the work. Any person holding a state contractor's license will be considered a contractor if he superintends or contracts for a fee the erection or construction of any building or structure in the city and shall be required to pay the same license fee as a general building contrac- tor. 5.08.300 CONTRACTOR -- LATHING AND PLASTERING. Lathing and plastering contractors shall pay a license fee of sixty dollars per year. 5.08.310 CONTRACTOR -- REPAIR, ALTERATIONS. Every person engaged in the business of minor construction, alterations, improvements or repair work, or every person undertaking any project by one or more contracts, the aggregate contract price of 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 contracts 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 CON- TRACTOR. A subcontractor or a specialty contractor for the purposes of this title is defined as a person who performs construction work requiring special skill and whose principal contracting business involves the use of a specialized building trade or craft, not otherwise provided for herein. Every person commencing or carrying on the work of a subcontractor shall secure a separate city license and shall pay for the same a license fee of fifty dollars per year. 5.08.340 DANCES -- PUBLIC. Every person conducting public dances where an admission fee or per dance fee is charged shall pay a license fee of one hundred fifty dollars per year, and shall obtain a special permit from the city council to do so prior to enga4ing in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.350 DANCES -- OTHER. Every person engaged in a business where any cafe, restaurant or any similar establishment affords its patrons the priv- ilege or opportunity to dance without charge for the dancing shall pay a license fee of one hundred fifty dollars per year, and shall obtain a special -14- 569,7 permit from the city council to do so prior to enga&ing in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.360 DANCING SCHOOL OR ACADEMY -- TALENT SCHOOL. Every person conducting a dancing school or dancing academy or talent school or talent academy shall pay a license fee of twenty -five dollars per year. 5.08.365 DELIVERY VEHICLES. Every person engaged in a business not having a fixed place of business within the city which in connection with the said business delivers any &oods or services within the city shall pay a business license fee of thirty -six dollars per year per vehicle. 5.08.370 DRIVE -IN THEATERS. Every person operating a drive -in theater shall pay a license fee of one hundred fifty dollars per year, but the license shall not include the right to conduct a cafe, restaurant, lunch counter or refreshment or confectionery or like stand or concession, or any other type of business. 5.08.390 FOOD CATERERS--VEHICLE. Every person conducting sales of food from a vehicle shall pay a license fee of two hundred dollars per year per vehicle. 5.08.410 HOME OCCUPATIONS. Every person engaged in a home occupation as defined by the zoning ordinance of the city shall pay a license fee of twelve dollars per year. 5.08.420 HOTELS, MOTELS, AUTO COURT, AND LODGING HOUSES. Every person engaged in the business of operating a hotel, motel, auto court, or lodging house shall pay a license fee of fifty dollars per year where the same has less than fifteen rooms, one hundred dollars per year where the same has fifteen or more rooms but not more than forty-nine rooms, and two hundred dollars per year where the same has fifty rooms or more. 5.08.440 JUNK COLLECTORS. Every person engaged in the business of junk collection shall pay a license fee of one hundred dollars per year for each vehicle used. "Person engaged in the business of junk collection" as used herein, means a person engaged in the business of going from house to house, or from place to place, gathering, collecting, buying, selling, or otherwise dealing in old rags, sacks, bottles cans, paper or other articles commonly known as rjunk "; provided, however, that any person licensed under the pro- visions 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 -15- entitled to obtain a free permit as provided for under other provisions of this title. 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 collec- tions as a public service. 5.08.460 LAWN SERVICE- - WINDOW CLEANING. Every person providing lawn service, gardening service, window cleaning service and similar services shall pay a license fee of twenty -five dollars per year. 5.08.490 LOANS. Every person engaged in the business of lending, financing, or money- lending shall pay a license fee of fifty dollars per year. 5.08.510 LUMBER OR BUILDING MATERIALS. Every person engaged in the business of supplying new or used lumber or building materials shall pay a license fee of one hundred dollars per year. 5.08.520 MANUFACTURING BUSINESS. Every person engaged in operating a light or heavy manufacturing business shall pay a license fee in accordance with the following schedule: (a) A basic fee of fifty dollars per year, which fee shall cover the first ten employees; (b) Twenty dollars per year for each employee in excess of ten employees. In addition, each such person shall pay ten dollars per year for each additional business location within the city. For the purpose of determining the number of employees in any business subject to this section the term "employee" shall mean any person employed in a full time, part time, or temporary capacity and working in said business for a wage, salary, commission, fee or board and room. The number of employees of the said business, for the purpose of this section, shall be determined by totaling the number of hours worked by all employees (as defined herein) during the license period, and thereafter dividing that num- ber by 40, and the result thereof by 52, or a number less than 52 which reflects the number of weeks the business operated during the license period. 5.08.525 MOTION PICTURE OR TELEVISION- - COMMERCIAL USE. Every person engaged in the motion picture or television production business not operating from a fixed place of businesss in the city, using either public or private property, shall pay a license application fee of one hundred dollars, plus a license fee of fifty dollars per day. Every person subject to this section shall also obtain a permit pursuant to Chapter 5.42 of this code. -16- •��'30 The number of employees of the said business, for the purpose of this section, shall be determined by totaling the number of hours worked by all employees (as defined herein) during the license period, and thereafter dividing that num- ber by 40, and the result thereof by 52, or a number less than 52 which reflects the number of weeks the business operated during the license period. 5.08.580 REST, CONVALESCENT, GUEST AND FAMILY CARE HOMES- -CHILD CARE NURSERY. Every person operating rest, convalescent and guest homes and child care nurseries shall pay a license fee of twelve dollars per year. Every person operating a family care home shall pay a business license fee of six dollars per year. No such license shall be issued without the written approval of: (1) The social welfare board of the state; (2) The health officer; (3) The chief of the fire department; (4) The director of building safety. All such establishments shall be subject to inspection by the city at any time. 5.08.585 RETAIL BUSINESSES. Every person engaged in operating a retail business shall pay a license fee in accordance with the following schedule: (a) A basic fee of fifty dollars per year, which fee shall cover the first ten employees; (b) Twenty dollars per year for each employee in excess of ten employees. In addition, each such person shall pay ten dollars per year for each additional business location within the city. For the purpose of determining the number of employees in any business subject to this section the term "employee" shall mean any person employed in a full time, part time, or temporary capacity and working in said business for a wage, salary, commission, fee or board and room. The number of employees of the said business, for the purpose of this section, shall be determined by totaling the number of hours worked by all employees (as defined herein) during the license period, and thereafter dividing that num- ber by 40, and the result thereof by 52, or a number less than 52 which reflects the number of weeks the business operated during the license period. 5.08.590 RUBBISH OR GARBAGE COLLECTION. Every person engaged in the operation of rubbish or garbage collection shall pay a license fee of one hundred dollars per year for each vehicle used in the city. � —18— 5E?9 5.08.530 PEDDLING- - GENERALLY. Every person peddling services not otherwise mentioned in this chapter shall pay a license fee of fifty dollars per year, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.540 PEDDLING - -FOOD. Every person peddling foods, foodstuffs and food products, other than from catering food trucks, shall pay a license fee of twenty—five dollars per year where the person is on foot and fifty dollars per year where the same is sold from a vehicle, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.550 PEDDLING -- MISCELLANEOUS MERCHANDISE. Every person peddling any goods, wares, magazines or merchandise not otherwise provided for in this chapter shall pay a license fee of five dollars per day where such person is on foot and ten dollars per day where the same is sold from a vehicle, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.560 PEDDLING — ^POPCORN, SOUVENIRS. Every person peddling popcorn, peanuts, gum, candy, confections or toys, such as balloons, flags, pennants, banners, canes, buttons, badges, horns, musical or noise making instruments, serpentines, souvenirs and similar articles, shall pay a license fee of five dollars per day where the same is sold from a vehicle, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.570 PROFESSIONAL SERVICES. Physicians, surgeons, dentists, chiropractors, chiropodists, osteopaths, optometrists, oculists, engineers, architects, accountants, real estate brokers, attorneys and other professional services regula- ted by the Business and Professions Code of the state or as otherwise provided in this code shall pay a license fee of fifty dollars per year, plus twenty dollars per year for each employee and ten dollars per year for each additional location within the city. For the purpose of determining the number of employees in any business subject to this section the term "employee" shall mean any person employed in a full time, part time, or temporary capacity and working in said business for a wage, salary, commission, fee, or board and room. —17— 5631 5.08.600 SCHOOLS -- PRIVATE. Every person operating a private school shall pay a license fee of twelve dollars per year. 5.08.620 STREET STANDS. Every person operating street stands for the selling of any goods, wares or merchandise on any portion of the public streets within the city shall pay a license fee of twenty -five dollars per month; provided, that no license shall be issued for the stand until a permit has been obtained from the city council, and that the application for the permit shall be accompanied by the written consent of the owner or occupant of the premises abutting immedi- ately upon that portion of the street which the applicant desires to use; and further provided that the city council shall have the right to grant, conditionally grant, or deny the permit under this section in its discretion. 5.08.630 TAXICAB OR AUTOMOBILE FOR HIRE. Every person engaged in the business of providing taxicabs or automobiles for hire shall pay a license fee of twenty -four dollars per year for each vehicle operated from a location within the city and twenty-four dollars per year for each of the average number of vehicles (with a minimum of three) operated daily by a permittee who is the owner of one or more such vehicles operated from a location outside the city, and shall obtain a special permit from the city council to do so prior to engagin4 in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.635 TAXICAB OR AUTOMOBILE FOR HIRE- - ALTERNATIVE RATE. In lieu of the fees established by Section 5.08.630, every person engaged in the business of providing taxicabs or automobiles for hire may pay a license fee of one thousand dollars per year. 5.08.640 THEATERS AND SHOWS. Every person engaged in the business of operating a theater, motion picture show, playhouse, events and all other shows or exhibitions (except those conducted in the open or under canvas) not otherwise provided for in this chapter shall pay a license fee of fifty dollars per year. Any such license, however, shall not include the right to conduct a cafe, restaurant or lunch counter. 5.08.650 TRANSIENT FOOD VENDOR. Every transient food vendor shall pay a license fee of twenty -four dollars per day, and shall obtain a special permit from the city council to do so prior to engaging in such activities. The city council may condition such permit in any manner not prohibited by law. 5.08.660 TRANSIENT MERCHANTS. Every transient merchant, which shall include all such persons doing business at a fixed place of business for a period of less than thirty consecu- tive days, and who does not deal exclusively in food or foodstuffs for human consumption, shall pay a license fee of twenty dollars per day. -19- 563 5.08.665 WAREHOUSES. Every person engaged in the business of operating a warehouse or storage facility shall pay a license fee of fifty dollars per year plus ten cents per square foot of space used for such purpose for each business location within the city. 5.08.670 WHOLESALE BUSINESS. Every person engaged in operating a wholesale business shall pay a license fee in accordance with the following schedule: (a) A basic fee of fifty dollars per year, which fee shall cover the first ten employees; (b) Twenty dollars per year for each employee in excess of ten employees. In addition, each such person shall pay ten dollars per year for each additional business loca- tion within the city. For the purpose of determining the number of employees in any business subject to this section the term "employee" shall mean any person employed in a full time, part time, or temporary capacity and working in said business for a wage, salary, commission, fee or board and room. The number of employees of the said business, for the purpose of this section, shall be determined by totaling the number of hours worked by all employees (as defined herein) during the license period, and thereafter dividing that num- ber by 40, and the result thereof by 52, or a number less than 52 which reflects the number of weeks the business operated during the license period. SECTION 15. Section 5.36.040 (Written Applications Required -- Fees) of Chapter 36 (Entertainment Regulations) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby amended to read as follows: "5.36.040 WRITTEN APPLICATIONS REQUIRED- - FEES. An application for an entertainment permit or renewal of such permit shall be filed with the director of finance, shall be in writing, on forms provided by the city, shall be in duplicate, and shall be accompanied by the application fee for each permit required. The application fee for an entertainment permit is two hundred dollars. The application fee for renewal of such permit is one hundred dollars. The application fee is established to cover part of the cost of the investigation and processing of applications and is not refundable. Any such application shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings." —20— 5633 SECTION 16. Section 5.40.030 (Massage Parlors -- Permit Required -- Fee) of Chapter 40 (Massage Parlors) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby amended to read as follows: "5.40.030 MASSAGE PARLORS -- PERMIT REQUIRED- - FEE. Every person conducting, managing, operating, owning or in control of a massage parlor or any other place that is open to the public or is a private club, where facial massages, fomentations, massages, electric or magnetic treatments, alcohol rubs, Russian, Swedish or Turkish baths are administeed or given, or any public bathing place, which has in connection therewith a steamroom, dry or hot room plunge, swimming pool, shower bath, or sleeping accommodations, shall obtain a permit therefor, pursuant to the provisions of this chapter, and for each of such places shall pay an annual permit fee of five hundred dollars." SECTION 17. Section 5.40.040 (Massage Technicians -- Permit Required -- Fee) of Chapter 40 (Massage Parlors) of Title 5 (Business Regulations and Licensing) of the E1 Segundo Municipal Code is hereby amended to read as follows: "5.40.040 MASSAGE TECHNICIANS -- PERMIT REQUIRED - -FEE. Massage technicians shall obtain a permit pursuant to the provisions of this chapter and shall pay an annual permit fee of one hundred fifty dollars." SECTION 18. Section 16.20.080 (Operating Charge -- Amount) of Chapter 20 (Oil and Gas Wells) of Title 16 (Buildings and Structures) of the E1 Segundo Municipal Code is hereby amended to read as follows: "16.20.080 OPERATING CHARGE -- AMOUNT. Each person holding a permit issued under the provisions of this chapter shall pay for each derrick, well or operations referred to in or authorized by any permit, a license fee of one hundred fifty dollars per year, plus two cents per barrel. The fee shall be payable annually in advance and shall be based on an estimate of the number of barrels anticipated to be produced during the license period. Upon renewal of the license, the estimate of the number of barrels upon which the previous license fee was calculated shall be adjusted to reflect the actual number of barrels produced; and a new estimate for the renewal license period shall be submitted, but in no case shall the estimate be less than the fee paid for the preceding tax period. If the actual number of barrels exceeds the estimate, the licensee shall pay to the city the difference; if the actual number of barrels is less than the estimate, no refund shall be made but a credit shall be allowed on the following year's license fee. —21— Only the first annual charge shall be pro- rated. No such license fee or operating charge, or any part thereof, shall be refunded. The license fee or operating charge must continue to be paid for each well as long as drilling operations, drilling, mining, pumping or other operations in or about the same continue, including the production therefrom of oil, gas or other hydro- carbon substance from a flowing well, and as long as the derrick remains standing, and until the well referred to in the permit has been fully, completely and satisfactorily abandoned in accordance with the rules and regulations of the Division of Oil and Gas of the Department of Natural Resources of the state and of the city, relating to the abandonment of the wells, and until the premises relating to the well have been cleaned up and restored as nearly as reasonably possible to the same condition as that in which they existed at the time of the granting of the permit." SECTION 19. Sections 5.04.221 (Tax Periods, Due Dates and Delinquency Dates for 1983 Only); 5.04.222 (Purpose of Section 5.04.221) and 5.04.223 (Due Dates and Delinquency Dates for Period from July 1, 1983 through December 31, 1983) are hereby repealed in their entirety, effective January 1, 1984. SECTION 20. It is the intent of the City Council that the Business License fees established by this ordinance shall be applicable to the 1984 calendar year and to each succeeding year thereafter unless amended by ordinance of the City Council. SECTION 21. It is also the intent of the City Council that the Business License fees for the second six months of 1983 shall be one -half of the amounts specified in this ordinance. ACCORDINGLY, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES FURTHER ORDAIN AS FOLLOWS: That every person required to obtain a license and pay a license fee for the calendar year 1983 shall pay an amount equal to one -half of the business license fees established by this ordinance for the period beginning July 1, 1983 and ending December 31, 1983. SECTION 22. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. -22- SECTION 23. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original 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 16th day of August , 1983. ATTEST: -I,La-zL.� City C erk (SEAL) 993For-of the City of E1 Segundo, California —23— A) �M STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I ,.....,VALERIE A; BURROWES ... 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. . L054. . is a full, true and correct original of Ordinance No. ... 1054 ... of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING TITLE 3 (REVENUE AND FINANCE), TITLE 5 (BUSINESS REGULATIONS AND LICENSING), AND TITLE 16 (BUILDING AND STRUCTURES) OF THE EL SEGUNDO MUNICIPAL CODE 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 ... lbzh. day of .... A4gusF ........ , 19.$3 ........ and that the same was so passed and adopted by the following vote: AYES: Councilmemhers. Johnson. Siadek and.Mayor. Bue ............. ............ ............................... NOES: Councilmemberp.PcrostrpnB.and SY"Qinos ................... ABSENT: 9ounci1ln €1Pi7ers, hPP2 ............................ 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. 1054 , was duly and regularly published according to law and the order of the City Council of said City in the El 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: ..................... Q ........... ............................... City Clerk of the City of El Segundo, California (SEAL) By......... ............................... Deputy