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ORDINANCE 1138ORDINANCE NO. 1138 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTIONS 5.04.125, 9.44.020; AMENDING SECTIONS 5.04.020, 5.08.630, 5.16.330, 5.16.450, 5.20.020, 5.24.020, 5.28.010, 5.36.080, 5.48.100, 5.48.105, 9.06.120; AND DELETING SECTION 5.08.635 OF THE EL SEGUNDO MUNICIPAL CODE, WHICH SECTIONS RELATE TO LICENSES AND PERMIT FEES. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5.04.020 of Chapter 5.04, Title 5 of the El Segundo Municipal Code shall be amended to read as follows: 5.04.020 FEE DEEMED TAX - ESTABLISHED BY RESOLUTION. The fees provided for in this Title 5 are exclusively a tax imposed for revenue purposes and imposed only with the intent of the city to have each commercial activity, as herein provided, sustain its just share of the burden or expense of local government, and defray the costs of administration of this Title 5. All such fees shall be fixed and established from time to time by resolution of the city council. SECTION 2. Section 5.04.125 shall be added to Chapter 5.04, Title 5 of the E1 Segundo Municipal Code to read as follows: 5.04.125 INVESTIGATION, INSPECTION AND FEE. Notwithstanding any provisions of this title, when in the discretion of the licensing authority it shall be deemed necessary, an application for a business license or permit, or renewal thereof, shall be forwarded to the appropriate departments of the city, including, but not limited to, city manager, city attorney, police department, fire department, and development services department for investigation and /or inspection. The appropriate departments shall conduct any investigation and /or inspection to determine whether said license or permit should be issued in accordance with the appropriate provisions of the E1 Segundo Municipal Code. A period of not less than 30 days shall be allowed for the purpose of conducting said services. In addition to the applicable licensing and permit fees all investigation and inspection fees shall be due and payable at the time the application is filed. SECTION 3. Section 5.08.630 of Chapter 5.08, Title 5 of the E1 Segundo Municipal Code entitled "TAXICAB OR AUTOMOBILE FOR HIRE" shall be amended to read as follows: 5.08.630 TAXICAB OR AUTOMOBILE FOR HIRE - Permit and Fee. Every person engaged in the business of providing taxicabs or automobiles for hire shall obtain a special permit from the city council prior to engaging in such activities and the city council may condition such permit in any manner not prohibited by law. Permittee shall pay an annual license fee based on (1) each vehicle operated within the city limits; or (2) a flat license fee for the entire fleet of taxicabs or automobiles for hire. SECTION 4. Section 5.08.635 of Chapter 5.08, Title 5 of the E1 Segundo Municipal Code entitled "TAXICAB OR AUTOMOBILE FOR HIRE - ALTERNATIVE RATE" shall be deleted in its entirety. -1- JOA•0- 032189.PD SECTION 5. Section 5.16.330 of Chapter 5.16, Title 5 of the E1 Segundo Municipal Code entitled "DRIVER'S PERMIT - APPLICATION" shall be amended to read as follows: 5.16.330 DRIVER'S PERMIT - Issuance. Application for a driver's permit shall be processed upon payment to the city of a processing fee for the first application by any applicant and for each application for renewal. Each successful applicant shall be issued an identification card which he shall have in his immediate possession while in charge of or driving a taxicab. SECTION 6. Section 5.16.450 of Chapter 5.16, Title 5 of the E1 Segundo Municipal Code entitled "VEHICLE PERMIT - ISSUANCE" " shall be amended to read as follows: 5.16.450 VEHICLE PERMIT - Issuance. Application for a vehicle permit shall be processed upon payment to the city of an annual inspection fee. Each applicant shall be issued a vehicle permit upon successful completion of an inspection of the vehicle. The permit shall be posted in a conspicuous place on the rear bumper, driver's side of the vehicle. SECTION 7. Section 5.20.020 of Chapter 5.20, Title 5 of the E1 Segundo Municipal Code entitled "LICENSE FEE" shall be amended to read as follows: 5.20.020 LICENSE FEE. A license fee for an auction house and for each employee thereof, in excess of ten employees, shall be required. In addition, each auction house shall pay a fee per square foot of floor area occupied for the business purpose in excess of five thousand square feet; and In addition, each auction house shall pay a fee for each additional business location within the city. For the purpose of determining the number of employees of the business subject to this section, the term "employee" shall mean any person employed by the business; and shall include an independent contractor, and persons employed by the independent contractor, unless the independent contractor and /or persons employed by the independent contractor has a valid City of E1 Segundo business license as prescribed in Chapters 5.04 and 5.08 of the E1 Segundo Municipal Code. The total number of employees for the business for purposes of this section shall be determined by averaging the total number of employees employed by the business during each of the four calendar quarters preceding the date the tax is payable. For the purpose of this section, "floor area" means the total floor space in terms of square footage occupied by an owner, lessee or renter in a building except: (1) Elevator shafts; (2) Stairwells; (3) Courts or atriums uncovered and open to the sky; (4) Rooms exclusively housing building operating equipment, and (5) Parking area. SECTION 8. Section 5.24.020 of Chapter 5.24, Title 5 of the E1 Segundo Municipal Code entitled "BUSINESS LICENSE - REQUIRED" shall be amended to read as follows: -2- JOA•0- 032189.PD 5.24.020 BUSINESS LICENSE - FEE. Before engaging in any of the businesses hereinabove defined or referred to in Section 5.24.010, the licensee shall obtain the required business license so to do, and in addition thereto the licensee shall be subject to each and all of the terms, conditions and provisions of this chapter. A nonrefundable fee shall be established to cover the cost of investigation and processing and the amount therefor shall be fixed from time to time by city council resolution. SECTION 9. Section 5.28.010 of Chapter 5.28, Title 5 of the E1 Segundo Municipal Code entitled "PERMIT - REQUIRED" shall be amended to read as follows: 5.28.010 APPLICATION AND PERMIT - FEES. It is unlawful for any person to conduct, carry on, operate or maintain in the city, any public poolroom or billiard room without a written application for permit or renewal of such permit therefor granted by the city council. The permit shall be required in addition to any license required by any ordinance of the city. The permit shall be granted or refused by the city council, in its discretion, upon formal written application, therefor by the person, and the application shall specify the name of the person applying for the permit and the location of the premises where it is proposed to conduct the poolroom or billiard room, and that the applicant is the only person to be in any manner connected with the management and control of the poolroom or billiard room. The application shall be accompanied by a nonrefundable fee which is established to cover the cost of the investigation and processing of applications. SECTION 10. Section 5.36.080 of Chapter 5.36, Title 5 of the El Segundo Municipal Code entitled "IDENTIFICATION CARDS - FEES" shall be amended as to subsection (5) only, to read as follows: (5) Fee. Permittee shall pay a fee for any such identification card required by this chapter. SECTION 11. Section 5.48.100 of Chapter 5.48, Title 5 of the E1 Segundo Municipal Code entitled "ALARM SYSTEM PERMIT FEE" shall be amended to read as follows: 5.48.100 ALARM SYSTEM PERMIT FEE. The fee for an alarm system permit shall be a one time fee. SECTION 12. Section 5.48.105 of Chapter 5.48, Title 5 of the E1 Segundo Municipal Code entitled "POLICE DEPARTMENT RESPONSE SERVICE" shall be amended to read as follows: 5.48.105 POLICE DEPARTMENT RESPONSE SERVICE. (a) Permittee of Silent Alarms. A service fee shall be paid to the city by each subscriber of an alarm system, or permittee of a silent alarm not exempt, for each response made by the police department to the location of a false alarm after the first three responses are made during the same fiscal year. (b) Billing. The licensing authority shall cause to be issued a monthly bill for the unpaid service fees accrued during the billing period and any prior periods. Such bill shall be due and payable within fifteen days after the billing date. -3- JOA•O- 032189.PD SECTION 13. Section 9.06.120 of Chapter 9.06, Title 9 of the E1 Segundo Municipal Code entitled "USE OF POLICEMEN AT LARGE PARTIES OR GATHERINGS REQUIRING A SECOND RESPONSE" shall be amended to read as follows: 9.06.120 USE OF POLICEMEN AT LARGE PARTIES OR GATHERINGS REQUIRING A SECOND RESPONSE. When a large party or gathering occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. The police personnel utilized during a second response after the first warning, to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include minor damages to City property and /or injuries to City personnel. The fee charged shall be fixed and established from time to time by resolution of the city council. City reserves its legal options to elect any other legal remedies when said costs or damage exceed the amount fixed and established. SECTION 14. Section 9.44.020 shall be added to Chapter 9.44, Title 9 of the E1 Segundo Municipal Code entitled to read as follows: 9.44.020 FEES. The city council may from time to time by resolution adopt a fee schedule relating to parade permits as may be necessary to defray the costs of administration of this chapter. SECTION 15. This ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption hereof. SECTION 16. 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 on April 18tlhj , 1989. Mayor of ATT City Clerk (SEAL) -4- City of E1 Segundo, ifornia JOA•0- 032189.PD STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart City Clerk of the City of E1 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. 1138 is a full, true correct original of Ordinance No. 1138 of the said City of E1 Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTIONS 5.04.125, 9.44.020; AMENDING SECTIONS 5.04.020, 5.08.630, 5.16.330, 5.16.450, 5.20.020,5.24.020, 5.28.010, 5.36.080, 5.48.100. 5.48.105, 9.06.120; AND DELETING SECTION 5.08.635 OF THE EL SEGUNDO CODE, WHICH SECTIONS RELATE TO LICENSES AND PERMIT FEES. 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 18th day of APRIL 1989 and the same was so passed and adopted by the following vote: AYES: Councilmembers: Anderson, Dannen, West, Clutter and Mayor Jacobson NOES: None ABSENT: None 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. 1138 was duly and regularly published according to law and the order of the City Council of said City of E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein the following date, to wit: City Clerk of the (SEAL) City of El Segundo, California