HomeMy Public PortalAbout71-161 ORDINANCE NO. 71-161
AN ORDINANCE OF THE CITY OF CARSON ENACTING A
BUSINESS LICENSE ORDINANCE FOR REVENUE FOR THE
USUAL AND CURRENT EXPENSE OF THE CITY AND
AMENDING THE CARSON MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section I . Chapter 3 of Article VI of the Carson Municipal Code is redesignated and
renumbered as Chapter 3A of said Article VI and all section numbers therein are amended by
substituting the figure and letter "3A" for the figure "3" where it appears as the second digit
of such section numbers.
Section 2. A new Chapter 3 of Article VI is hereby adopted to read:
CHAPTER 3. BUSINESS, PROFESSIONS AND TRADES.
PART 1 . GENERAL PROVISIONS AND DEFINITIONS
6300. Short Title Chapter 3 of Article VI of the Carson Municipal Code
may be cited as the 'Business License Ordinance" of the City of Carson.
6301 . Effect--of Chapter on Past Actions and Obligations. Neither the
adoption of this Chapter nor the repeal hereby of any ordinance or provision of the
Carson Municipal Code shall in any manner affect any prosecution for any violation
of ordinance or code committed prior to the effective date hereof, nor be construed
as a waiver of any license or penalty due and unpaid on the effective date hereof,
or of any remedy for enforcement thereof and all rights and obligations pertaining
thereto shall continue in full force and effect.
6302. Effect of Chapter on Other Ordinance and Laws. This Chapter is not
intended to repeal, abrogate, annul or in any way impair or interfere with any ordinance
or provision of the Carson Municipal Code except as herein specifically provided. Where
this Chapter imposes a greater restriction upon persons, premises or property than is
imposed or required by another ordinance, other provisions of this Code, or law, the
provisions of the Business License Ordinance shall apply or control to the full extent
permitted by law.
6303. Definitions. For the purpose of the Business License Ordinance, the
following terms, phrases, words and their derivation shall have the meaning given herein.
When not inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number, and words in the singular number
include the plural number. The word "shall" is mandatory and not merely directory.
6303. 1 . Ambulance Driver shall mean any person who drives an ambulance in
which is transported any person needing medical attention which person entered or was
placed in such ambulance at a location within the City of Carson.
6303.2. Ambulance Operator shall mean any person who for any monetary or
other consideration, or as an incident to any other occupation, transports persons in one
or more ambulances from any location in the City of Carson to any hospital or other place
giving first aid or medical treatment, regardless of the location of such hospital or other
place. A person who maintains an ambulance or ambulances in connection with the
operation by such person of a hospital or first aid station solely for the use of his own
employees is not considered to be an ambulance operator.
Ord. No. 71-161/Page 2 of 27
6303.3. Auction House shall mean and include a fixed place of business where
any personal property or any real property or interest therein, is sold or offered for sale by
public outcry or public auction. An Auction House may include sales of such merchandise
and personal property as an incidental part of such public auction business.
6303.4. Auctioneer shall mean and include any person selling or offering for
sale an;-real or personal property at public auction or by public outcry.
6303.5. Automobile Dismantling shall mean the disassembling, dismantling
orwreck`ing of motor vehicles, as defined in Section 415 of the California Vehicle Code,
or the buying, selling or dealing in any such motor vehicles for the purpose of, or to be
used for, such disassembling, dismantling or wrecking, or the storage of any such motor
vehicles for such purpose or use, whether for the purpose of dealing in the parts thereof,
or using such parts for reconditioning or repair of other vehicles, or for selling or other-
wise dealing in such vehicles, or any parts or materials thereof.
6303.6. Automobile Repair Shop shall mean any place where motor vehicles,
as defined by Section 415 of the California Vehicle Code, are repaired for a charge, or,
any place where the work of repairing motor vehicles is carried on as an incident to the
business of selling new or used motor vehicles, or new or used motor vehicles parts, or
as an incident to any other traffic in motor vehicles or their parts or equipment.
6303.7. Average number of persons employed, when the annual license fee
is based upon the average number of persons employed, shall mean the average number
of employees, as defined herein, employed daily in the business of the applicant or
licensee, and shall be determined as provided in Section 6363 of this Code.
6303.8. Bankrupt Sales means the business of owning, opening, establishing,
managing, operating, maintaining or having charge of any temporary location or place
of business of any kind for the selling of any insolvent, bankrupt, fire, damaged or other
similar goods, wares, or merchandise, and/or any temporary place where itinerant or
transient merchants sell or offer to sell any insolvent, bankrupt, fire damaged or other
similar goods, wares or merchandise.
6303.9. Bath parlor shall mean a place where water, mud, steam Turkish,
Russian, Swedish, or other baths are given to or administered to human beings.
6303. 10. Builder shall mean a person constructing, reconstructing, or erecting
a building, dwelling, or structure not intended for his own occupancy.
6303. 13. Billiard Room means any place open to the public where billiards,
bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and
persons are permitted to play or do play thereon, whether any compensation or reward
is charged for the use of such table or not. Billiard room does not include a place having
not more than one pool or billiard table, which table is maintained as an incident to
some other type of business or activity.
6303. 14. Business, professions and trades as used herein includes all kinds of
vocations, occupations, professions, enterprises, establishments, and all other kinds of
activities and matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for the purpose of earning in whole or in part
a profit or livelihood whether or not a profit or livelihood is actually earned thereby.
Business, professions and trades shall include, but are not limited thereto, trades and
occupations of all and every kind of calling carried on within the City of Carson,
salesmen, brokers, retailers, manufacturers, processors, wholesalers, vendors, suppliers,
peddlers, professions, the renting or supplying of living quarters, or rooms, or board,
or both for three (3) or more guests, tenants, or occupiers and any other types of
endeavor entered into within the City of Carson for the purpose of earning a livelihood
or profit in whole or in part whether paid for in money, goods, labor, or otherwise and
whether or not said business, profession or tradehas a fixed place of business in the City.
Ord. No. 71-161/Page 3 of 27
Unless exempted by provisions of this Chapter, a person shall be deemed to be conducting
a business, profession or trade within the City if he, or his agents, or employees offer,
solicit, sell, contract, construct, make, deliver, repair, or perform other acts or
services within the City in respect to such business, trade or profession.
The term "business, profession or trades" shall not apply to any person engaged in a
business, profession or trade solely as an employee of any other person conducting,
managing or carrying on any such business, trade or profession in the City and where
such other person is subject to the terms and provisions of this Chapter.
6303. 15. Circus shall mean and include any tent or canvas enclosure wherein
are exhibited acts or feats of horsemanship, trained animals, clown, acrobatic or trapeze
performances or such other forms of skill or amusement as are commonly given in rings,
and combinations of such entertainments.
6303. 16. City shall mean the City of Carson unless otherwise specified.
6303. 17. Code shall mean the Carson Municipal Code unless otherwise
specified-.
6303. 18. Commence shall mean and include commence, begin, initiate, start,
open and establish.
6303. 19. Commission broker or merchant means and includes any person who
engages in, carries on or conducts the business of buying or selling produce, foodstuffs
or any food product, commodities, goods, wares or merchandise as•a broker or agent
for the owner or assignor thereof, for a fee or commission, whether or not the operation
of such business customarily includes the actual possession, custody or control of such
produce, foodstuffs or any food product, commodities, goods, wares or merchandise.
6303.20. Conduct shall mean and include commence, transact, maintain,
prosecute, practice, do, operate and carry on.
6303.23. Chief of Police shall mean the Chief of Police of the City of Carson
and shall include the Sheriff of the County of Los Angeles or his duly authorized officers,
deputies and representatives, while performing law enforcement services under contract
with the City.
6303.24. Contractor shall mean any person except a licensed architect or a
registered civil engineer acting solely in his professional capacity, who in any capacity
other than as the employee of another with wages or salary as his sole compensation,
undertakes to, or offers to undertake, or purports to have the capacity to undertake to,
or submits a bid;to, or does himself or by or through others construct, alter, repair, add to,
subtract from, improve, move, wreck, or demolish any building, highway, road, railroad,
excavation, or other structure, project, development, improvement, or any part thereof,
including the erection of scaffolding or other structures or work in connection therewith.
Contractor shall include subcontractor or specialty contractor, but shall not include anyone
who merely furnishes materials or supplies without fabricating them into, or consuming them
in the performance of, the work of the contractor.
6303.25. Dance Hall, Public, means a place where dancing is permitted, either
for profit or not for profit, and to which the public is admitted either with or without
charge, or at which the public is allowed to participate in the dancing, either with or
without charge.
6303.26. Dance, Public, means a gathering of persons in or upon any premises
where dancing is permitted either as the main purpose for such gathering or as an incident
to some other purpose.
Ord. No. 71-161/Page 4 of 27
6303.27. Dance, Private, means a gathering of persons in or upon any premises
where dancing is permitted either as the main purpose for such gathering or as an incident
to some other purpose, and to which premises only members, pupils, or bona fide guests
of a particular club, organization, dancing club, or dancing school are admitted; provided
however, that dancing by the occupants of, and guests at, a private residence shall not
constitute a private dance as defined herein.
6303.28. Dance, Special, means an individual public dance or private dance
conducted by any person, dancing club, dancing school, or association of persons,
dancing clubs or dancing schools, which dance, if authorized, will result in not more than
three (3) such dances being held by such person or group in any three (3) month period.
6303.29. Dance, Youth, means a public dance or a private dance to which
persons under the age of twenty-one (2 1) years are admitted as participants.
6303.30. Dancing Club means any club or association of persons which conducts
dances, other than public dances, for its members or bona fide guests.
6303.33. Dancing School means any school, class or classes wherein dancing
is the principal subject taught.
6303.34. Employee shall mean all persons engaged in the operation or conduct of
any business in the City of Carson, whether as owner, any member of the owner's family,
partner, agent, manager, solicitor, apprentices, trainees, and any and all other persons
employed or working in said business.
6303.35. Entertainment means any act, play, review, pantomine, fashion or
style show, exhibition dancing scene, song, dance act, song and dance act, or exhibition
of motion pictures conducted or participated in or upon any premises to which the public
is admitted. Entertainment as used herein does not include:
1) mechanical music alone;
2) instrumental music alone;
3) dancing participated in only by customers;
4) fashion or style shows conducted by a bona fide non-profit club or
organization for charitable purposes.
i
6303.36. Entertainment Class I means entertainment not otherwise classified in
this Chapter.
6303.37. Entertainment Class II means entertainment which includes nude or semi-
nude persons. "Nude" means completely without clothing or covering. "Semi-nude" means
with partial clothing or covering but with any pubic area exposed or with the perineum or any
portion of the crease of the buttocks exposed, or with the breast or breasts exposed by a
female so that the nipple or nipples or that portion of the breast which has a different pigmen-
tation than the main portion of the breast is or are exposed.
6303.38. Entertainment Class III means any entertainment as defined in Section
6303.35 (other than Class II) conducted or participated in only by any non-professional
person or persons.
6303.39. Established business shall mean and include a business intended to be
operated or conducted permanently or indefinitely, or a business the nature or mode of
operation of which indicates that the business operation will continue permanently or
indefinitely. In all cases where the nature or mode of operation of a business does not
indicate that such business will continue permanently or indefinitely, the person operating
or conducting such business may be required by the City Administrator to present evidence
reasonably necessary to demonstrate that such business is intended to be operated or con-
ducted permanently or indefinitely.
Ord. No. 71-161/Page 5 of 27
6303.40. Exhibition or Show means and includes moving picture exhibitions,
theatrical performances, carniva Fs, circuses, races, and other similar activities
conducted in the open or at places of public assemblage as to which a fee is charged
for entry or viewing, excluding therefrom entertainment as defined in Sections 6303.35
to 6303.38, animal menagaries or exhibitions as defined in Sections 219 and 220 of the
Animal Control Ordinance adopted by Sections 3300 of this Code, and events conducted
by schools or churches using their own equipment.
6303.43. Fire Chief shall mean the Chief of the Los Angeles Consolidated
Fire District and his authorized assistants, deputies, inspectors and representatives, while
designated by the City Council of the City as the Fire Chief of the City.
6303.44. Food shall mean and include all articles and substances used for
food, drink, confectionary or condiment by man, whether simple, mixed or compound.
6303.45. Itinerant Street Vendor shall mean any person engaged in the business
of vending, selling, or offering for sale, any confections, food, fruits, vegetables,
flowers, notions, magazines, mechanical devices or appliances, or any other goods, wares,
or merchandise from any stand, doorway or location on or adjacent to any street, alley,
or other public place, or on or adjacent to any unenclosed vacant lot or parcel of land.
6303.46. Junk Collector or Salvage Collector shall mean any person having
no fixed place of business in the City, carrying on the business of collecting,. buying or
selling from house to house, or from place to place, any old rags, sacks, bottles, cans,
paper, metal or other articles commonly known as junk or salvage.
6303.47. Junk Dealer or Salvage Dealer shall mean any person not an auto-
mobile dismantler or operator or an oil tool exchange, having a fixed place of business in
the City and carrying on the business of buying, selling or otherwise dealing i14 either at
wholesale or retail, any old rags, sacks, bottles, cans, paper, metal (except gold, silver,
platinum or mercury), or other articles commonly known as junk or salvage, or conducting,
managing or maintaining any place where such articles are gathered together, stored or
kept for shipment, sale or transfer.
6303.48. License shall mean the certificate issued by the Finance Director
of the City after payment of the license fee provided for in Part 3 of this Chapter.
6303.49. License Supervisor shall mean the License Supervisor of the City
of Carson.
6303.50. Locksmith means any person engaging in the business, trade, or occu-
pation of making or fashioning keys for locks or similar devices, or constructing,
reconstructing or repairing or adjusting locks, or opening or closing locks for others by
mechanical means other than the regular keys furnished for that purpose with the locks
by the manufacturer of the locks. A person who only duplicates keys is not a locksmith.
6303.53. Pawn Broker means any person engaged in any one or more of the
following businesses:
(a) Pawnbroking;
(b) Lending money for himself or any other person upon personal property,
pawns or pledges, in or taken into the possession of the-tender;
(c) Purchasing articles of personal property and reselling or agreeing to
resell such articles to the vendors or assignors at prices agreed upon
at or before the time of such purchase.
6303.54. Peddling means and includes peddling, selling or offering to sell goods,
wares or merchandise of any kind from place to place, other than from a fixed place of
business, in or upon any private premises, including any dwelling, house, building, or
other structure designed or used, either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant, including any
yard, ground, walk, driveway, porch, steps or vestibule of and to any such dwelling,
Card. No. 71-161/Page 6 of
27
house, building or other structure.
6303.55. Permit means that certificate granted by the City Council as a prerequisite
to the issuance of a license, where required by the provisions of this Chapter.
6303.56. Public Eating Place means and includes every restaurant, lunch room, tea
room, coffee shop, soda fountain, public boarding house, hotel, club, beer parlor, cocktail
lounge and every other public place where food or drinks are prepared or served, or both, to be
consumed by the public either on or off the premises. Public Eating Place includes all places
where sandwiches, lunches, or similar food are prepared for sale or gift to the public.
6303.57. Purport to commence and/or purport to conduct shall mean and include such
maintenance of the appearance of premises or such conduct or acts of the owner, occupant or
manager thereof or the agents, servants, or employees of such person, as to be in a position to
conduct or to create the appearance of conducting any business in the City.
6303.58. Rifle Range means any site where a rifle, pistol, revolver or shotgun is
fired at clay pigeons and or other targets.
6303.59. Salvage Collector is defined in Section 6303.46.
6303.60. Salvage Dealer is defined in Section 6303.47.
6303.63. Secondhand Dealer is a person engaged in conducting, managing or carrying
on the business of buying, selling or otherwise dealing in secondhand goods, wares, or merchandise,
(including gold, silver, platinum or mercury, but excluding secondhand automobiles and books and
such secondhand goods, wares or merchandise as are received as payment or part payment for a
new article or articles sold by such person).
6303.64. Show is defined in Section 6303.40.
6303.65. Soft drinks means beverages for human consumption containing less than 3.2
percent of alcohol by volume.
6303.66. Solicitor or canvasser means any person who goes from house to house or from
place to place in the city selling or taking orders for, or offering to sell or take orders for any
goods, wares, merchandise, or any article for future delivery, or for any service to be furnished
or performed in the future, or for the making, manufacturing, treating, or repairing of any article
or thing whatsoever for future delivery.
6303.67. Sound Amplifying Equipment means any machine or device for the ampli-
fication of the human voice, music, or any other sound. "Sound Amplifying equipment" shall
not be construed as including standard automobile radios when used and heard only by occupants
of the vehicle in which installed or warning devices on authorized emergency vehicles or horns
or other warning devices on other vehicles used only for traffic safety purposes.
6303.68. "Subject to special application procedure" means that the applicant for any
license to which such words are made applicable shall, before receiving the license applied for,
follow the procedure set forth in Part 4 of this Chapter.
6303.69. "Subject to special permit from the Council to be first obtained" shall mean
that the Finance Director is not to issue any license to which such words relate or to which the same
may be made applicable unless the City Council shall have first authorized either by motion or
resolution, the issuance of such license.
6303.70. Sworn Statement shall mean an affidavit sworn to before a person authorized
to take oaths, or a declaration or certification made under penalty of perjury.
6303.73. Tax Collector shall mean the Director of Finance of the City of Carson.
Ord. No. 71-161/Page 7-of 27
6303.74 . Tank Vehicle shall mean any vehicle used to collect and transport
or deliver flammable liquids or liquified petroleum gases in connection with or as part
of any business and for which operation a certificate of public convenience and
necessity has been issued by the Public Utilities Commission of the State of California.
6303.75. Theatre includes a building, playhouse, room, hall or other place
having a permanent stage upon which movable scenery may be located and theatrical
or vaudeville or similar performances are given, having permanently affixed seats so
arranged that a body of spectators can have an unobstructed view of the stage, the
primary function of which is to present such performances, and in which any serving
of food or beverage is clearly incidental to such performances. This definition is not
intended to detract from or supersede the provisions of Section 318.5 or 318.6 of the
Penal Code of the State.
6303. 76. Trailer Parks means and includes mobile home parks as defined in
Part 2 of Division 13 of the Health and Safety Code of the State of California.
6303. 77. Vehicle means every apparatus or device in, upon, or by which
any person or property is or may be transported or drawn upon a public highway, excepting
boxes, trays or receptacles carried by hand and also excepting any apparatus or device
used exclusively upon stationary rails or tracks, but including bicycles.
6303. 78. Wheeled Vehicles shall mean and include every vehicle with wheels run,
used, driven or operated for hire or otherwise, in the business of hauling, distributing,
selling, receiving or delivering, within the City for resale or otherwise, personal
property of any kind, nature or description. Provided, however, that "wheeled vehicles",
unless otherwise provided, shall not include or apply to any person having a fixed place
of business within the City which has been licensed under this Chapter and who in the
usual course of such business uses a wheeled vehicle or vehicles for the delivery of
personal property which has been sold from said fixed place of business.
Ord. No. 71-161/Page
8 of 27
PART 2. LICENSES, PROVISIONS GOVERNING
6310. License Required.
(a) It shall be unlawful for any person to commence or conduct, or purport to
commence or conduct, either directly or indirectly, any business, profession, trade or occupation
as defined in this Chapter within the City of Carson, whether or not said person has a fixed place
of business within the City or elsewhere, without first having procured a license as required by
the provisions of this Chapter, and without otherwise complying with all the terms and provisions
of this Chapter. The commencement or carrying on of any such business, profession, trade or
occupation without having first procured and maintained ingped standing a business license, as
well as a permit where required under this Chapter, or without first complying with any and all
provisions and regulations pertaining to said business as provided in this Chapter, shall constitute
a separate violation of this Code for each and every day said business, profession, trade or
occupation is so carried on.
(b) It shall further be unlawful for any person to commence any business within a
building in the City without first having obtained a Certificate of Occupancy from the City
Building Department.
(c) Notwithstanding any provisions of this Chapter, no person holding a license issued
by the State to carry on any trade, calling, profession, business or occupation shall be required to
perform any act as a condition of the issuance of a license by the City under this Chapter except
the payment of the City license fee and the preparation and filing of any papers or reports inci-
dental to the administration and enforcement of this Chapter with respect to such payments.
6311 . Contents of License. Every person required to have a license under the
provisions of this Chapter shall make application for the same as hereinafter prescribed to the
Finance Director of the City, and upon the payment of the prescribed license fee the Finance
Director shall issue to such person a license which shall contain the following information:
(1) The name of the person to whom the license is issued;
(2) The business licensed;
(3) The place where such business is to be transacted and carried on;
(4) The date of expiration of such license; and
(5) Such other information as may be necessary for the enforcement of
the provisions of this Chapter.
Whenever the license fee imposed upon any one business, trade, occupation or profession, under
the provisions of this Chapter is measured by the number of vehicles, devices, machines, or other
pieces of equipment used, or whenever the license fee is measured by the average number of
persons employed in the operation of or in relation to such items, the Finance Director shall issue
only one license therefor; provided that he may issue for each license period for which the license
fee has been paid one identification sticker, tag, plate, or symbol for each item included in the
measure of the fee or used in a business where the fee is measured by the average number of
employees.
6312. Unlawful Business. No license issued under the provisions of this Chapter and
no provision of this Chapter shall be construed as authorizing the conduct of or continuance of
any illegal or unlawful business.
6313. Substitute for other Provisions. Any person required by this Chapter to pay a
license fee shall not be relieved from the payment of any license fee or permit fee required by any
other provisions of this Code and shall not be relieved from any regulations required by other
provisions of this Code.
6314. License Fee Collector. The Director of Finance or his authorized deputy shall
serve as Tax Collector and administrator of the Business License Ordinance. He shall formulate in
writing all necessary rules and regulations to carry out the provisions of this Chapter, and in general
shall do all things necessary and proper to carry out the spirit and intent of this Chapter.
Card. No 71-161/Page 9.of 27
6315. No License Issued Where Applicant is Indebted to City for Any Unpaid
License Fee. No license for any succeeding, current or unexpired license period shall
knowingly be issued to any person who at the time of making application for any license
or renewal thereof is indebted to the City for any unpaid license fee; provided that the
Director of Finance or his duly authorized deputy may enter into an agreement with
any person indebted to the City of Carson for the non-payment of license fees for any past
license period, agreeing with such person that such person may pay delinquent license
fees (including penalties and interest) for any past license period in equal installments
extending over a period not to exceed one year. In such agreement, such debtor shall
acknowledge his debt to the City and agree, in case default be made in the payment
of any installment agreed to be paid thereunder, that the whole amount agreed to be
paid shall become immediately due and payable and that in case suit be brought to
enforce collection of the amount agreed to be paid under such agreement that the debtor
will pay all costs of suit including attorney fees incurred by the City. In case such
agreement is executed and all other provisions of this Chapter are complied with, licenses
for any current or ensuing license period may be issued to any such person paying the fee
prescribed for the current or ensuing license period, together with penalties thereon, if
any.
6316. License not Transferable. No license issued pursuant to this Chapter
shall be transferable; provided that where a license is issued authorizing a person to
conduct business at a particular location, such licensee may upon application therefor
and payment of a fee of ten ($10.00) dollars have the license previously issued amended
so as to authorize the conduct of such business from another location in lieu of such prior
location, except as may otherwise be provided in this Chapter.
6317. Duplicate License Fees. A duplicate license may be issued by the
Director of Finance to replace any license previously issued which has been lost or
destroyed, upon application therefor and filing an affidavit or declaration attesting
to such fact and payment to the Director of Finance of a fee of five ($5.00) dollars
therefor.
6318. License Fee a Debt. The amount of any license fee imposed by this
Chapter, and of any penalty thereon, shall be deemed a debt to the City. Any person
commencing or conduting any business without having a license to do so shall be liable
in an action by the City in any court of competent jurisdiction for the amount of the
license fee imposed by this Chapter with respect to such business.
6319. License Fee Payable in Advance. All license fees shall be paid in
advance at the Office of the City Treasurer in lawful money of the United States of
America or by check drawn on a bank in the United States. Any license issued upon
payment by check shall be void if such check shall fail to clear the bank.
6320. Investigations and Inspections. The City Administrator shall, by
Administrative Order, from time to time, designate the investigations and inspections
required for particular businesses substantially in accordance with the following general
guides:
(a) The Department of Community Development shall be required to
review all applications, other than renewal applications, for compliance
with the Zoning, Subdivision and other provisions of this Code within the
responsibilities of said department.
(b) The Division of Building and Safety shall review applications in
circumstances involving a change of occupancy of any portion of a building, -
and in such other circumstances as may involve questions of compliance with
City building, electrical, plumbing, mechanical and other construction codes.
(c) The Fire Department shall review applications which involve
businesses or premises which may constitute substantial fire risks, or any risks
of serious danger to human life or property.
Ord. No. 71-161/Page 10 of 27
(d) The Law Enforcement Agency shall review applications for
businesses which affect public morals, involve substantial danger of fraud
or deception, pose unusual police problems, may involve possible handling
or receiving of stolen goods, tend to affect traffic control, involve public
assembly, include police-type functions, or of a kind which fiend to attract
or involve undesirable persons, or otherwise substantially affect public safety.
(e) The Health Department shall review applications for businesses
involving the preparation, storage or sale of food or drink, except in sealed
containers.
(f) Other departments, agencies or officers shall review applications
when the proposed business poses special problems dealt with by such department,
agency or officer.
The City Administrator may, by written directive, grant exceptions from the
requirements of such Administrative Order, when, in his opinion, its literal application
is not required to accomplish the objectives of such requirement and of this Chapter.
6321 . Preparation and Issuance of Licenses. It shall be the duty of the
Finance Director to prepare and issue licenses for every person liable to pay a license
fee subject to and in accordance with all provisions of this Chapter. Each such license
shall be issued upon such form as the Director of Finance may from time to time provide
for such purpose. When the required license fee has been paid and all other provisions
of the Code have been complied with, the Finance Director shall deliver the original
License to the Licensee named in such License and shall retain a copy of such license
on file in his office. 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 licensed,
and if a fixed or established place of business, the location or place where such business
is to be commenced or conducted.
6322. Errors in Issuance of Licenses. No error or mistake on the part of
the person issuing a license or in the determination or statement of the amount of any
license fee shall prevent or prejudice the collection by or for the City of the amount
actually due from anyone commencing or conducting any business subject to such license.
6323. Licenses for More than One Business. When any person is engaged
at one location or place in more than one business for which a License tax is imposed by
this Chapter, a separate license shall be issued for each such business, but the license
tax due for each such business other than the business for which the highest tax is imposed
shall be reduced by one-half. No License for which such a reduced tax is paid shall be
transferable to any other location unless the amount of the reduction first allowed is paid
to the City. This section is not applicable to amusement devices, games of skill, or
vending machines.
6324. Branch Business Establishments, Multiple Licenses. Except as otherwise
provided in this Chapter, a separate license shall be obtained and a separate fee paid for
each branch establishment or separate place of business in which any business is commenced
or conducted. Each license shall authorize the licensee named therein to commence and
conduct only that business described in such license and only at the location or place of
business indicated therein. Any person who operates a separately owned department or con-
cession in a department store or a building structure or enclosure in which separate
departments or concessions are operated shall pay a license fee in accordance with the
provisions of this Chapter for the department or concession so operated by him. Two (2)
or more persons shall not jointly apply for or be issued one business License to cover two
or more businesses separately owned. No business or activity requiring a special permit
from the Council may be conducted with or as a part of any other business without first
obtaining a special permit therefor. The Finance Director shall not issue any license to
a business for which a permit is required until such special permit shall be obtained and the
permit fee shall be paid with respect thereto.
Ord. No. 71-161/Page 11 of 27
For purposes of this section, a branch establishment or separate place of business is
defined to be a different and separate location, or a separate department in any one
location, or in the case of vehicles, a different and separate vehicle, from that mentioned
in any other license held by the same licensee, in or from which any business, profession
or trade maybe conducted at the same time.
6325. License Fees: Due Dates and Proration. Except as provided in this
Part, the license fee required by this Part shall be due and payable to the City in advance,
as follows:
(1) Daily licenses, on each day in advance;
(2) Weekly Iicenses,on Monday of each week;
(3) Monthly licenses, on the first day of each and every calendar month;
(4) Quarterly Licenses, on the first day of January, first day of April,
the first day of July, and the first day of October of each year;
(5) Semi-annual licenses, on the first day of January and the first day
of July of each year;
(6) Annual licenses, on the first day of January of each year.
Incases where a portion of an annual license period has lapsed prior to an application for
a license, the amount of the license fee payable shall be apportioned on not less than a
quarterly basis as follows:
(1) If an application is made in the first quarter of the calendar year,
the entire annual license fee shall be paid;
(2) If an application is made in the second quarter of the calendar year,
three-fourths (3/4) of the entire annual license fee shall be paid;
(3) If an application is made in the third quarter of the calendar year,
one-half (1/2) of the entire annual license fee shall be paid; and
(4) If an application is made in the fourth quarter of the calendar year,
one-fourth (1/4) of the entire annual license fee shall be paid.
Provided however, that all businesses, professions and trades doing business within the
City upon the effective date of Parts 1, 2 and 3 of this Chapter and required thereby to pay
an annual license fee shall pay three-fourths (3/4) of the prescribed annual license fee
for the portion of the calendar year 1971 remaining from and after such effective date.
6326. Delinquency and Penalties. When any license fee required by this Chapter
becomes delinquent, as herein provided, a penalty of ten-percent (10%) of the amount
of such delinquent license fee shall be added to such license fee and additional penalties
shall be added thereto in accordance with the following:
(1) Daily and weekly License fees shall be deemed delinquent if such
license fees remain unpaid at five o'clock P.M. on the third business
day after the same became due and payable. For every three (3)
business days' delinquency thereafter, an additional penalty of
ten per-cent (10%) of the original license fee shall be added in
the same manner.
(2) Monthly license fees shall be deemed delinquent if such license fees
remain unpaid at five o'clock P.M. on the seventh business day
after the same become due and payable. For every seven (7)
business days' delinquency thereafter an additional penalty of
ten-percent (10%) of the original license fee shall be added
in the same manner.
(3) Quarterly license fees shall be deemed delinquent if such license
fees remain unpaid at five o'clock P.M. on the tenth business day
after the same become due and payable. For every ten (10)
business days' delinquency thereafter, an additional penalty of
ten-percent (10%) of the original license fee shall be added in the
same manner.
Ord. No. 71-161/Page 12 of 27
(4) Annual license fees shall be deemed delinquent if such license
fees remain unpaid at five o'clock P.M. on the second business
day of the calendar month next after the calendar month in which
the same become due and payable . For every calendar month's
delinquency thereafter, an additional penalty of (10%)
of the original license fee shall be added in the same manner.
Provided, however, that when the penalties on any delinquent license fee equal fifty-percent
(50%) of the original amount of such license fee, no further penalty shall accrue thereon.
6327. Computation of Time. In computing the time within which license fees
other than daily licenses fees become delinquent hereunder, the first day upon which any
such license fee becomes payable hereunder shall be included.
6328. Posting and Keeping License. Except as may otherwise be provided in
this Chapter, all licenses must be kept and posted in the following manner:
(a) Any Licensee engaged in business at a fixed place of business shall
keep the license for such business posted in a conspicuous place upon the premises
where such business is conducted.
(b) Any person engaged in business in the City, but not operating from
a fixed place of business shall keep the license issued to him upon his person
at all times while engaged in such business.
(c) Each person driving, operating, or having control of any wagon,
cart, or other vehicle, or using or controlling any tray, basket or other
receptacle, or controlling, possessing or operating any machine, device, or
equipment, including vending machines, with respect to which a license is
required under the provisions of this Chapter, shall affix thereto a license tag
or plate or decal as issued by the Director of Finance and at the place directed
by the Director of Finance, or if the Director of Finance shall so direct, shall
affix a license holder thereto for the purpose of holding the City License, or
shall carry upon his person a license or identification card as directed by the
Director of Finance. Any license plate or tag or decal shall be placed so that
it is always plainly visible. No person shall keep any license, or plate, or
tag, or decal or identification card longer than thirty (30) days after the
expiration of the term for which the license is issued, and no person, except
the licensee or his authorized agent, shall take or remove any License, plate,
tag or identification card from the person lawfully entitled to the some or from
the place where posted or fixed.
6329. Denial of License. Any License shall be denied for the following
reasons:
(a) Failure to pay the appropriate license fee;
(b) Failure to receive required permits;
(c) Failure to receive any required approvals;
(d) Filing erroneous or incomplete statements;
(e) For other good cause.
Any person denied a license shall be advised, in writing, of the grounds for such denial.
6330. Enforcement Duty. It shall be the duty of the City Administrator to
enforce each and all of the provisions of this Chapter. He may utilize therefor the Law En-
forcement Agency of the City as necessary to effectuate such enforcement.
Ord. No. 71-161/Page 13 of 27
6331 . Enforcement; Inspection; Complaints. The City Administrator or
his deputy or other agency of the City authorized by him, shall examine all places
of business in the City to ascertain whether or not the provisions of this Chapter have
been complied with. Said City Administrator, his deputy or said enforcement agency
or agencies, the City Attorney and any duly authorized employee of the City shall
have the power to examine all necessary books and records of all persons doing business
in the City required to be licensed by the terms of this Chapter, for the purpose of
ascertaining the amount of license fee required to be paid by the provisions thereof.
Said officer and each and all of his deputies and duly authorized employees shall
have the power and authority to enter free of charge and at any reasonable time any place
of business required to be licensed by the provisions of this Chapter and to demand an
exhibition of such license, books or other matters of record. Any person to whom any
such license is issued who fails to exhibit same on such demand shall be guilty of a
violation of this Code. It shall be the duty of the City Administrator, his deputies, and
of the law enforcement agencies of the City to cause a complaint to be filed against
any and all persons found to be in violation of any provision of this Chapter.
6332. Enforcement Accountant. For the purpose of enforcement of this
Chapter, the City Administrator may, with the prior consent of the Council, deputize
a qualified accountant to examine the necessary books and records of any person
doing business in the City. Any failure on the part of any person licensed or required
to be licensed under this Chapter, to exhibit to and allow examination by said
accountant so deputized shall constitute a violation of this Code.
6333. Enforcement Remedies. The conviction or imprisonment of any
person for violating any of the provisions of this Chapter shall not relieve such person
from paying the license fee for business, nor shall the payment of any license fee
prevent a criminal prosecution for the violation of the provisions of this Chapter.
All remedies prescribed hereunder shall be cumulative and the use of one or more
remedies shall not bar the use of any other remedy for the purpose of enforcing this
Chapter.
6334. Deputy License Collectors. Deputy License Collectors shall be
directly responsible to and under the control and direction of the Director of Finance.
Such Deputy License Collectors shall have the powers in their respective territories
given to duly authorized deputies and City employees under the provisions of Section
6331 .
6335. Term of License. Except as may otherwise be specified in this
Chapter, licenses issued hereunder shall be for a term commencing on the first day of
the calendar year quarter in which the license is first issued and ending on December
31st of the same calendar year. Thereafter the term for annual licenses shall be the
calendar year. The term of semi-annual Iicenses shall be from the first day of the
quarter of the calendar year in which the some are issued and ending six months
thereafter. The term of quarterly licenses shall be from the first day of the calendar
quarter in which the license is issued to and through the last day of said calendar
quarter. The term of monthly licenses shall be from the first day of the calendar
month in which said licenses are issued to the end of said calendar month. The term
of weekly licenses shall commence on Monday of each week and shall terminate on
the following Sunday. The term of daily licenses shall commence at 12:01 A.M. of
the licensed day and shall terminate at midnight of said day.
6336. Application. Every person desiring to conduct, manage, or carry
on any business, profession, trade or occupation in the City shall file with the Director
of Finance a statement in writing, sworn to or made under penalty of perjury, upon a
form provided by the Director of Finance setting forth the following information:
(1) The name and address of the applicant;
(2) The exact nature or kind of business for which a license is
requested and including each separate and distinct type of
business conducted or to be conducted on the premises under
the same ownership;
Ord. No. 71-161/Page 14. of 27
(3) The address and name (if any) of the place where such business is to be
carried on and if the same is not to be carried on at any permanent
place of business, the places of residences of the owners of same;
(4) The name and places of residences of those owning the business if the
application is made for the issuance of a license to a person doing
business under a fictitious name;
(5) The names and places of residences of the principal officers or general
partners if the application is made for the issuance of a license to a
corporation or a partnership;
(6) (a) If the business for which a license is sought has existed for atleast
one (1) year immediately preceding the calendar month immediately
prior to the due date of the license fee: The total number of
employees each of whom performed at least 1800 hours of service
during said one (1) year period, and the total aggregate number of
hours of service performed by all other employees during said
one (1) year period.
(b) If said business did not exist for one (1) year immediately preceding
the calendar month immediately prior to the due date of the license
fee: The date of commencement of said business, and the total
number of hours of service performed by all employees during the
period from the first day of the first calendar month next after
commencement of said business to and including the calendar
month preceding the calendar month immediately prior to the due
date of the license fee.
(7) The estimated average number of employees the applicant expects to
employ during the year for which the license is to be issued;
(8) Any further information which the Director of Finance may require relative
to the license applied for.
The Director of Finance shall not issue a license to any person or business until the
provisions of this section have been complied with by the applicant.
6337. Renewal License, Application. In all cases an applicant for the renewal of a
license shall submit to the Director of Finance a statement sworn to or made under penalty of perjury,
upon a form to be provided by the Director of Finance setting forth such information concerning
the applicant's business during the preceding year as may be required by the Director of Finance
to enable him to ascertain the amount of license fee to be paid by said applicant pursuant to the
provisions of this Chapter. The Director of Finance shall not issue a renewal license until the
provisions of this section have been complied with by the applicant.
6338. License or Renewal License. Upon receipt of an application for license or
renewal Tcense, the Director of Finance shall investigate the applicant and the representations
made by such applicant in the application. If in the judgment of the Director of Finance, after
such investigation, the granting of the Iicense applied for may be detrimental to the public peace,
morals, health, safety, or general welfare or the applicant does not appear to be of good moral
character or has been convicted of any violation of law involving moral turpitude, except as herein-
after provided,the license shall not be issued unless and until a permit therefor has been granted by the
Council. In such event, the Director of Finance shall inform the applicant that he must file an
application for a permit in accordance with the provisions of Part 4 of this Chapter. If such applica-
tion is filed, the entire matter shall be referred to the Council for proceedings under the provisions
of Part'4 of this Chapter. Provided, however, state licensees referred to in Section 6310 (c) shall
not be subject to the provisions of this Section 6338, except in the first sentence thereof.
6339. General Exemptions. Except as otherwise provided herein, the provisions of
Parts 2 and 3 of this Chapter shall not apply to:
(1) The Federal Government or the State of California, or any of the political
subdivisions, agencies or instrumentalities thereof;
(2) Any person engaging in any business exempt by virtue of the Constitution or laws
of the State of California, or the Constitution or laws of the United States, from
the payment of such taxes as are prescribed in said Parts 2 and 3.
Ord. No. 71-161/Page 15.of 27
(3) Any religious, charitable, fraternal, educational, cultural
or civic organization, and any other organization, whether
incorporated or not, described in Article 1, Chapter 4, Part II
of the Revenue and Taxation Code of the State of California; pro-
viding, however, that any such organization shall be subject to
the provisions of said Parts 2 and 3 if and to the extent it engages
in any "unrelated trade or business" as that term is used in
Section 23734 of the Revenue and Taxation Code of the State of
California.
(4) Any person certified as blind by the Bureau of Vocational
Rehabilitation of the State of California.
6340. Limited Exemptions. The Finance Director, upon application being
made therefor, and upon the applicant presenting evidence of his eligibility therefor,
shall issue a business license endorsed as partially or wholly exempt from fees to:
(a) Minors under the age of eighteen (18) years engaged in
activities requiring a license under this Chapter where such minor engages
in those activities for no more than twenty (20) hours in any week.
(b) Any veteran or widow of any veteran of the Spanish-American
War, World Wars I and II, the Korean or Viet Nam conflicts, who is a resident
of the City, shall be entitled to a credit of twenty-five dollars ($25.00) against
the business license fee required by this Chapter in any year in which the net
income of such person from his business is (or is estimated in the case of an
initial license) to be less than ten thousand dollars ($10,000.00) per year.
(c) Any veteran described in Section 6340 (b), who is disabled as
a result of activities while in military service in lieu of the credit described in
Section 6340 (b), shall be entitled to the following credits against the business
License fee required by this Chapter, irrespective of his net income:
One-fourth disabled - $50.00 credit
One-half disabled - $75.00 credit
Three-fourths or more disabled - $100.00 credit
(d) Notwithstanding the provisions of subsections (b) and (c) hereof:
(1) Every honorably discharged or honorably relieved soldier,
sailor, or marine of the United States who served in any Indian
war, the Spanish-American War, any Phillippine insurrection,
the Chinese Relief Expedition, the World War of 1914 and years
following, or World War II, who is physically unable to obtain a
livelihood by manual labor, and who is a voter of this state, may
distribute circulars, and hawk, peddle, and vend any goods, wares
or merchandise owned by him, except spirituous, malt, vinous, or
other intoxicating liquor, without payment of any License tax or
fee whatsoever, and the Finance Director shall issue to such soldier,
sailor or marine, without cost, a license therefor.
(2) Every person who was honorably discharged or honorably
relieved from the military, naval or air service of the United States
who served on or after June 27, 1950, and prior to February 1, 1955,
or on or after August 5, 1964, and prior to a future date to be
established by the Legislature, who is physically unable to obtain
a Iivelihood by manual labor, and who is a resident of this state,
may distribute circulars, and hawk, peddle, and vend any goods,
wares or merchandise owned by him, except spirituous, malt, or
vinous, or other intoxicating liquor, without payment of any
license tax or fee whatsoever, and the Finance Director shall issue
to such person, without cost, a license therefor.
Ord. No. 71-161/Page 16 of 27
6341 . Certain Exemptions Under State or Federal Law. Any person
claiming to be exempt from the provisions of Parts 2 and 3 of this Chapter, in whole
or in part, pursuant to Section 6339 (b) hereof, other than banks, national banking
associations, insurance companiesor insurance agents (but not insurance brokers) on
the grounds that the provisions of said Parts 2 and 3 are in conflict with the law of
the State or the Constitution or laws of the United States, is required to file a claim
for exemption, on forms to be supplied by the City, setting forth such information as
the Finance Director may require to make a determination as to the validity of the
claimed exemption, which information may include but shall not be limited to:
(a) The name, business address, general manager or responsible officer
of the claimant;
(b) Sales records of claimant including records of contracts of sale,
delivery tickets, bills of lading;
(c) The location of the claimant's offices, warehouses, factories and
other business operations;
(d) Copies of advertising literature of claimant;
(e) A statement of the legal grounds, with citations to pertinent statutory
and case authority tending to support the claim for exemption, and
(f) Such other information as the Finance Director may require to determine
whether the claimant is exempt from all or part of the provisions of
Parts 2 and 3, or as is necessary to determine the number of employees
of the claimant.
6342. Exempt Licenses to be Endorsed. Whenever the Director of Finance
shall issue any license granting any exemption provided for in this Part, the person to
whom such license is issued shall endorse thereon his signature in ink in the presence of
the Director of Finance or his deputy, and no such license shall be transferable.
6343. Adoption of Regulations by Finance Director. The Finance Director
is empowered to make such regulations and interpretive rules as are not inconsistent
with this Chapter as may be necessary or desirable to aid in the enforcement of the
provisions of this Chapter.
Where, by reason of the provisions of the Constitution of the United States or
the Constitution of California, the business license tax imposed by this Chapter cannot
be enforced without there being an apportionment according to the amount of business
done in the City of Carson, or in the State of California, as the case may be, the
Finance Director may make such rules and regulations for the apportionment of the tax
as are necessary or desirable to overcome the constitutional objections. Such rules
and regulations shall be approved by the City Attorney prior to becoming effective.
6344. Statements and Records. No statement shall be conclusive as to the
matters set forth therein, nor shall the filing of the same preclude the City from collecting
by appropriate action such sum as is actually due and payable hereunder. Such statement
and each item therein contained shall be subject to audit and verification by the Finance
Director, his deputies, or authorized employees of the City, who are hereby authorized
to examine, audit and inspect such books and records of any Licensee or applicant for
License, as may be necessary in their judgment to verify or ascertain the amount of
license fee due.
All persons subject to the provisions of the Business License Ordinance shall keep
complete records of all persons employed in or in relation to the business conducted by such
persons, including payroll records, personnel records, withholding tax records, and all
records and reports as to labor, wages, or personnel made to, or required to be kept by,
all regulatory agencies, for examination by the Finance Director. Such records shall
be maintained for a period of at least three (3) years. No person required to keep records
under this section shall refuse to allow any authorized representative of the Finance
Director to examine said records at reasonable times and places.
Ord. No. 71-161/Page 17 of 27
6345. Information Confidential. It shall be unlawful for the Finance Director
or any person having an administrative duty under the provisions of this Chapter to make
known in any manner whatever the business affairs, operations, or information obtained by
an investigation of records, or equipment of any person required to obtain a license, or
pay a license fee, or of any other person visited or examined in the discharge of official
duty, or the amount of payroll, source of income, profits, losses, expenditures, or any
particular thereof, set forth in any statement or application, or in any books or records
containing any abstract or particulars thereof to be seen or examined by any such person.
Provided that nothing in this section shall be construed to prevent:
(1) The disclosure to, or examination of the records or equipment by,
another City official, employee, or agent for collection of taxes for
the sole purpose of administering or enforcing any provisions of this
Chapter, or collecting license fees imposed hereunder;
(2) The disclosure of information to, or the examination of records by,
Federal or State officials, or the tax officials of another city or county,
or city and county, if a reciprocal arrangement exists, or to a grand
jury or court of law, upon subpoena;
(3) The disclosure of information and results of examination of records of any
person or licensee to a court of law in a proceeding brought to determine
the existence of amount of any license fee liability of the particular
person or licensee hereunder.
(4) The disclosure after the filing of a written request to that effect, to the
Licensee himself, or to his successors, receivers, trustees, executors,
administrators, assignees and guarantors, if directly interested, of
information as to the computation of any paid license fee, any unpaid
license fee, or amounts of license fee required to be collected and any
penalties; further provided, however, that the City Attorney approves
each such disclosure and that the Finance Director may refuse to make
any disclosure referred to in this Subsecfion (4) when in his opinion the
public interest would suffer thereby;
(5) The disclosure of the names and addresses of persons to whom Licenses
have been issued, and the general type or nature of their business;
(6) The disclosure to the City Council byway of public meeting or otherwise
of such information as may be necessary in order to enable the Council
to be fully advised as to the facts when a licensee files a claim for refund
of license fees, or submits an offer of compromise with regard to a claim
asserted against him by the City for License fees, or when acting upon
any other matter in the court of City business.
(7) The disclosure of general statistics regarding license fees collected or
business done in the City.
6346. Failure to File Statement or Corrected Statement. If any person fails
to file any required statement within the time prescribed, or if after demand therefor made by
the Finance Director fails to file a corrected statement, or if any person subject to the
license fee imposed by this chapter fails to apply for a license, the Finance Director may
determine the amount of license fee due from such persons by means of such information as
he may be able to obtain. If the Finance Director is not satisfied with the information
supplied in statements or applications filed, he may determine the amount of any License
fee due by means of any information he may be able to obtain.
If such a determination is made the Finance Director shall give written notice of the
amount of license fee so assessed by serving it on the licensee personally or by depositing
such notice in a facility of the United States Post Office Department in Carson, California,
postage prepaid, addressed to the person so assessed at his last known address. Such
person may, within fifteen (15) days after the mailing or serving of such notice, make
application in writing to the Finance Director for a hearing on the amount of the license
fee. If such application is made, the Finance Director shall cause the matter to be set
Ord. No. 71-161/Page 18,
of 27
for hearing within fifteen (15) days before the City Council . The Finance Director shall give to
such person at least ten (10) days' written notice of the time and place of hearing in the manner
prescribed above for serving notices of assessment. The Council shall consider all evidence
produced at said hearing and shall make findings thereon, which shall be final and conclusive.
Notice of such findings shall be served upon the applicant or licensee in the manner prescribed
above for serving notices of assessment.
6347. Appeal . Any person aggrieved by any decision of the Finance Director with
respect to the issuance or refusal to issue a license may appeal to the Council by filing a notice
of appeal with the City Clerk. The Council shall at its next meeting after the filing of such
notice of appeal fix a time and place for hearing such appeal. The City Clerk shall give
written notice to such person of the time and place of hearing by serving such notice personally
or by depositing it in a facility of the United States Post Office Department in Carson, California,
postage prepaid, addressed to such person, at the address shown on such notice of appeal, or if
none, at his last known address. The Council shall have authority to determine all questions
raised on such appeal. No such determination shall conflict with any substantive provision of
this Chapter.
6348. Evidence of Doing Business. When any person shall by use of signs, circulars,
cards, telephone book or newspapers, advertise, hold out, or represent that he is in business in
the City, or when any person holds an active license or permit issued by a governmental agency
indicating that he is in business in the City, and such person fails to deny by a sworn statement
or statement made under penalty of perjury given to the Finance Director that he is conducting
business in the City, after being requested to do so by the Finance Director, then these facts shall
be considered prima facie evidence that such person is conducting business in the City.
6349. Refunds of Overpayment. No refund of an overpayment of license fees
imposed by this Chapter shall be allowed in whole or in part unless a written and verified claim for
refund is filed with the Finance Director within a period of three (3) years from and after the last
day of the period for which the overpayment was made. All such claims for refund must specify
the period and amount of the claimed overpayment, and shall be on forms furnished by the
Finance Director, and shall provide all information required by him. Upon the filing of such a
claim and when the Finance Director determines that an overpayment has been made, he shall
cause the amount of such overpayment to be placed on the register of demands for Council
approval and upon such approval the amount of overpayment shall be refunded.
6350. Permit Prerequisite. The Director of Finance shall not issue any license for
any business, profession, trade, commercial enterprise or occupation of which a permit from the
Council is required by any provision of this Code until a permit is obtained pursuant to Part 4
of this Chapter, nor if any such permit has been revoked or has expired and has not been
reinstated or renewed, Any license issued under this Chapter for any business, profession, trade,
commercial enterprise or occupation for which a permit from the Council is required by any
provision of this Code shall be void upon the revocation or expiration of any such permit.
6351 . Additional Power of the Finance Director. In addition to all other power
conferred upon h Finance Director shall have the power, for good cause shown, to
extend the time for filing any required verified statement or application for a period not
exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have
accrued, and with the written approval of the City Attorney and the approval of the Council,
to compromise any dispute with respect to license fee imposed hereunder.
6352. Revenue Measure. Parts 2 and 3 of this Chapter are enacted solely to raise
revenue for municipal purposes, and are not intended for regulation.
Ord. No. 71-161/Page 19 of 27
PART 3. SCHEDULE OF LICENSE FEES
6360. License Fees, General. The license fees imposed by this Part are -levied
for the purpose of revenue and not for regulation. Such license fees and the duration of the
licenses issued therefor shall be annual, semi-annual, quarterly, monthly, weekly or daily
as set forth in this Part.
6361 . Base or Minimum License Fee. Every person conducting any business,
profession, trade oroccupation in the City of Carson, and required to pay a license fee under
the provisions of this Chapter, shall pay a base or minimum license fee of $25.00, for a
license for a duration of one (1) year, unless a different base fee or duration is otherwise
specifically provided in this Part.
6362. License Fee Based on Average Number of Employees Every person
conducting any business, profession, trade or occupation in the City of Carson and required
to pay a license fee under the provisions of Parts 1, 2 and 3 of this Chapter, and having an
average number of persons employed in excess of five (5), such number to be determined as
provided in Section 6363, shall pay an annual license fee based on $5.00 for each such
person employed, and the base or minimum license fee provided for in Section 6361 shall
be applied to the first five (5) persons employed for the purposes of this Section, unless
otherwise specifically provided in this Part.
6363. Determination of Average Number of Persons Employed. The average
number of persons employed, when the annual license fee is based thereupon, shall be
determined as follows:
(a) If the applicant or licensee has conducted the business concerned
for at least one (1) year and one (1) month prior to the due date of the license fee,
by ascertaining, with respect to the period of one (1) year immediately preceding
the calendar month immediately prior to the due date of the license fee, the
following:
(i) The total number of employees each of whom performed at least
1800 hours of service for such business during said period; and
(ii) The total aggregate number of hours of service performed for such
business by all other employees during said one (1) year period,
divided by 1800,
and by adding the numbers thus derived in (i) and (ii). The total thus obtained
shall be the average number of persons employed in said business for the purpose of
this Chapter.
(b) If the applicant or licensee has conducted such business for more than
one (1) month but less than one (1) year and one (1) month, by ascertaining the total
number of hours of service performed in, for and with respect to said business by all
employees (as defined in Section 6303.34), for the period from the first day of the first
calendar month immediately preceding the calendar month immediately prior to the due
date of the license fee, and dividing such total number of hours of service thus obtained
by a divisor obtained by multiplying the number of full calendar months during which the
applicant or licensee conducted said business during said period, by 150.
(c) If the applicant or licensee has not conducted such business at least two
full months, the applicant or licensee shall estimate the average number of persons expected
to be employed during the year. Such estimate, if accepted by the Director of Finance as
reasonable, shall be used in determining the amount of license fee, provided that such deter-
mination shall be tentative and the licensee shall, in connection with his first renewal
application, furnish the Director of Finance with a verified statement showing the average
number of persons employed during the license period determined as provided in Sub-Section
(a) or (b) of this Section.
(d) In computing the average number of persons employed, fractions of numbers
shall be counted to the nearest whole number.
Ord. No. 71-161/Page 20 of 27
(e) If a business has a fixed location in the City of Carson, all employees
of said business, irrespective of the place where the service of such employees may
be performed and all hours of service of such employees, whether in or outside of the
City of Carson, shall be included in the manner provided in subsections (a), (b), (c)
and (d) of this section in determining the average number of persons employed. If a
business has no fixed location in the City of Carson, all employees of such business
who, during the period used in determining the average number of persons employed,
perform any service in the City of Carson shall be included in the manner provided
in subsections (a), (b), (c) and (d) of this section in determining the average number
of persons employed.
6364. Occupation Not as Employee of Another. Every person engaged in the City
of Carson in any trade, calling, occupation, vocation, profession, semi-profession, or other
means of livelihood, not as an employee of another, and not specifically required to be
licensed by other provisions of this Part, shall pay the base or minimum license fee provided
for in Section 6361 and such additional license fee, if any, as shall be computed based on
average number of persons employed as provided for in Section 6362.
6365. Special License Fees for Certain Businesses. The businesses, professions,
trades, and or occupations specifically listed in this Section and in the 6365 series of sub-
sections hereunder, because of their nature or the circumstances related thereto, shall pay
license fees determined in accordance with the provisions of this Section and said sub-
sections only, for the license term or period specified in this Section or such sub-sections.
If no period is so specified the license term shall be annual. In each instance where the
word "month", "week" or "day" appears after a specified business, the period so specified
shall be the license term, except that if one fee is specified for an annual license and
another amount for a license term less than one (1) year preceded by "or", alternative
license terms may be obtained for the respective license fees so specified.
6365. 1 . Advertising by Billboard $ 100
6365.2. Advertising by Benches
For first ten benches $ 50
plus
For each bench in excess of ten $ 1
6365.3. Advertising by Means of Sound Trucks, Portable
Loud Speakers, or Sound Producing Apparatus or Equipment $ 10 day
6365.4. Advertising by Distributing Handbills, Posters, $ 50 or
Announcements, Samples or Other Devices or Advertising Matters $ 5 day
6365.5. Advertising by Means of Portable Search Lights,
Arc Lights, or Light Producing Apparatus or Equipment $ 5 day
6365.6. Limitation on Sections 6365. 1 - 6365.5. Nothing in Sections 6365. 1,
6365.2, 6365.3, 6365.4 and 6365.5 shall apply to the use of equipment owned by an
established business licensed by the City where such use is for the purposes of and incidental
to such business, or where the distribution of literature takes place on premises or in
buildings used in such business and is for the purpose of and incidental to such business.
The word "advertising" as used in said Sub-sections shall not include advertising in news-
papers. The immediately preceding sentence does not exempt newspapers from the payment
of a license fee under this Chapter.
6365.7. Ambulance Service $ 50
plus
For each ambulance over one $ 5
Ord.No.71-161/Page 21 of
27
6365.8. Amusement Rides
Amusement rides including miniature trains,
automobile, merry-go-round, and pony rides
Five or less rides $ 7.50 week
More than five rides $ 10 week
6365.9. Amusement Machines
For each amusement machine, device, or apparatus
designed or constructed to operate by the depositing
of any coin, plate, disc, slug or key $ 10
Every amusement machine, device or apparatus herein mentioned shall bear a stamp, label,
decal or sign issued by the Finance Director showing thereon the number of the license
issued by the City. Each amusement machine, device or apparatus shall be registered in
the office of the Finance Director, such registration indicating the serial number, the
owner and the place at which each such amusement machine, device or apparatus is to
be located.
6365. 10. Apartment House, Boarding House. Every person conducting an apartment
house, as defined in Section 15003 of the Heat and Safety Code, a hotel, as defined in
Section 15020 of the Health and Safety Code, a bungalow court or any other building or
group of contiguous buildings housing three or more familities or units, shall pay a license
fee as follows:
For each apartment house, hotel, court, building
or group of contiguous buildings, housing three
to ten families $ 20
For each family over ten families $ 2
6365. 13. Auction House $ 500
6365. 14. Auctioneer $ 250 or
$ 10 day
6365. 15. Automobile, Motorcycle, Bicycle Racetrack $ 150
6365. 16. Bankrupt, Fire and Closing-out $ 250 or
$ 100 day
6365. 17. Billiard and Pool Room
Two or more tables $ 150
Plus
For each table in excess of two $ 5
6365. 18. Bowling Alley, Table Tennis $ 25
Plus
For each table or alley in excess of two $ 5
6365. 19. Boxing, Wrestling $ 100
6365.20. Brokers, Agencies, and Agents
a. Pawn Brokers $ 400
b. Bail Bond Brokers $ 250
6365.23. Burials, Cremation $ 25
Plus
For each interment, burial, cremation or removal
of remains or body $ 1
Ord.No. 71-161/Page 22
of 27
6365.24. Christmas Trees and Specialties $ 15
Where sales of Christmas trees and/or Christmas specialties are made from established
places of business within the City that are licensed under other provisions of this Part,
no further license need to be secured and the license fee provided for by this Section
shall not be paid.
6365.25. Carnivals $ 5 day
PI us
each game, exhibition, entertainment feature, show,
amusement or recreational device or concession booth $ 1 day
6365.26. Circus and Circus Parade
First day $ 100 day
Each additional day $ 25 day
Procession or parade $ 500 day
6365.27. Child care and Day Nursery
For day nursery, private kindergarten, private school,
special child care center excluding state licensed
foster homes:
Four or less children $ 15
Five or more children $ 30
6365.28. Cleaning or Dyeing or Laundry Establishment $ 25
(except coin-operated)
When two or more of such activities are conducted at
the same location under the same ownership $ 40
6365.29. Contractors and Builders
a. General Contractors (B-1) $ 50
Engineering (A) $ 50
b. For all specialty contractors and any other
contractor or subcontractor not specified in
this Section 6365.29. $ 25
c. Every general and engineering contractor shall
require all subcontractors for the performance of any work
on each project in the City under his control or direction,
whether the subcontract is written or oral, to have a business
license as herein provided for the year or years in which such
subcontractor's work is to be done at the time such subcon-
tract is made and before permitting such subcontractor to
begin or perform services on any such project of said general
or engineering contractor. Failure of such general or
engineering contractor to comply with the foregoing pro-
visions of this Sub-section c. shall render such general or
engineering contractors liable to the City for an additional
license fee equal to the amount of such subcontractor's
unpaid license fee, plus any penalties for delinquency
accruing thereon.
d. Each general or engineering contractor shall
furnish the License Supervisor with a list of all subcontractors
to do work on any project of such general or engineering
contractor in the City upon forms furnished by the City.
Ord.No. 71-161/Page 23
of 27
6365.30. Dance Hall
Single Dance $ 5
Series of dances extending over one month or less $ 15
Series of dances extending over three months but
not exceeding one year $ 100
6365.33. Dance, Public, Private or Youth $ 200
6365.34. Dance, Special, each $ 25
6365.35. Gardening Services $ 25
6365.36. Gasoline, Oil, Butane, Distillate Distribution
by Vehic e—I s — $ 50
6365.37. House Moving $ 25
P us
For each house moved $ 15
6365.38. Home Occupations
When authorized under the zoning regulations of the City, same
license fee as provided for the same types of business, respectively.
6365.39. House Numbering $ 15
6365.40. Ice Vending Machines $ 25
6365.43. Itinerant Street Vendors, hawkers, persons engaged in $ 50
peddling and every person who conducts the business of selling goods, wares
and merchandise in the City and who has no fixed place of business in the City.
6365.44. Laundries, Coin-operated
a. Retail establishments having a fixed location in the City
and providing coin-operated laundry equipment therein
for general public use:
For each coin-operated machine, except dryers, in
said location $ 2
b. Businesses limited exclusively to renting, leasing or operating
laundry equipment, whether or not coin-operated: Twenty-five
cents (25�) for each $1,000.00 of gross receipts actually derived
from the conduct of such business within the City of Carson. Each
applicant or licensee shall set forth the amount of such gross
receipts for the prior year's operation in an application for license
in lieu of the information otherwise required by subsection 6336(6)
of this Code.
6365.45. Music Boxes, Phonographs and Musical Instruments $ 10
For such instruments rented or leased for use at locations
within City
6365.46. Oil and Gas Wells
a. Operating or maintaining oil wells, gas wells, or
any oil or gas well or wells within the City $ 25
PI us
For each such well so operated or maintained $ 20
Ord. No. 71-161/Page 24 of 27
b. For every well for oil, gas or hydrocarbon
substances drilled, bored or dug or sunk
after March 1, 1971 $ 150
c. For each deepening of an oil or gas well
hole after March 1, 1971 $ 150
d. For every of I or gas well derrick erected,
built or constructed within the City after
March 1, 1971, in connection with which
a license fee is not payable under b. or c.
of this Section $ 150
6365.47. Oil Business, Non-Production
a. Refining oil or petroleum products and
producing the products and by-products
thereof $ 200
b. Marketing, selling and distributing at
wholesale or other means except retail,
any petroleum, petroleum products or by-
products $ 200
c. Maintaining tankage, warehouse or other
storage facilities where oil or petroleum,
petroleum products and/or by-products may
be kept or stored for the purpose of trans-
portation, distribution or disposition at
wholesale $ 200
Plus
An additional amount for each of said businesses
determined by multiplying the average number of
persons employed by such businesses, respectively
(determined as provided in Section 6363) by $ 5
6365.48. Owner-Builder $ 50
A business license shall be required of every person acting
as an owner-builder who builds any building or structure for sale.
The sale or offering for sale of two or more such buildings or structures
within one year following the completion of any such building or
structure shall be presumptive evidence that such buildings or
structures were built for sale. No business license shall be required
of any owner of property who builds a building or structure thereon
for the exclusive occupancy of such owner-builder and not for sale.
0
Every owner-builder shall require subcontractors on the project
of such owner-builder in the City under his control or direction to have
a business license as herein provided for the year or years in which such
subcontractor's work is to be done before permitting said subcontractor
to begin or perform any services for said owner-builder on such project.
Each owner-builder shall furnish the License Supervisor with a list of all
subcontractors on such project upon forms furnished by the City.
6365.49. Photograph Solicitors $ 5 day
For each person soliciting or canvassing for orders for
photographs, or taking such orders, when not carried on as an
incident to a photograph business duly licensed under this Part
Ord.No. 71-161/Page 25 of 27
6365.50. Pony Rides, Kiddie Rides $ 5 day
6365.53. Public Utilities and Services
A license fee consisting of a base or minimum license fee and an amount based
on average number of employees as provided in Sections 6361, 6362 and 6363,
subject to the following modifications, qualifications and exceptions:
(a) Companies engaged in the production and/or transmission and
sale of water, gas or electricity and paying a franchise tax to
the City under a franchise granted to the companies pursuant to
California Franchise Act of 1937 as amended, shall be exempt
from payment of license fees based on average number of employees
as provided in Sections 6362 and 6363.
(b) Telephone and telegraph companies; and railroad companies,
sleeping car, dining car, drawing-room car, palace car,
refrigerator car, stock car, fruit car and other car companies
operating on railroads in the City, and companies doing express
business in the City: Such license fee is imposed only upon the
intro-state business of such companies which is conducted in the
City, and shall consist of the base or minimum license fee provided
for in Section 6361 and an amount based on average number of
employees pursuant to Sections 6362 and 6363, provided that in
computing the average number of persons employed under Section
6363 all hours of service in which employees are engaged in
inter-state business shall be excluded. Any such company may
determine the portion of the total number of hours of service
attributable to intra-state business by applying to the total number
of hours of service the ratio of such company's gross receipts from
intra-state business transacted in the City during the applicable
year, to the company's gross receipts from all its business trans-
acted in the City during such applicable year.
6365.54. Convalescent Home, Rest Home, Guest Home, or
Home for Aged.
Not to Exceed 10 guests in number $ 25
In Excess of 10 $ 75
6365.55. Rummage Sale, Garage Sale $ 2 day
6365.56. Shoe Shine Stand $ 10
6365.57. Sound Vehicles
Commercial Advertising $ 150 or
$ 75 month or
$ 20 day
Noncommercial advertising $ 75 or
$ 35 month or
$ 5 day
6365.58. Subdividers
0 to 25 lots $ 50 lot
Over 25 lots $11250.00 plus $ 5 lot
Ord.No. 71-161/Page 26
of 27
6365.59. Taxicab
No business license tax is imposed in addition to the fees provided for
in Article VI, Chapter 5, of the Carson Municipal Code with respect
to certificates of public convenience and necessity.
6365.60. Television, Community Antenna Systems
No business license fee is imposed in addition to the franchise payments
provided for in Article VI, Chapter 6 of the Carson Municipal Code.
6365.63. Theaters
0 to 500 seats $ 100
501 to 1000 seats $ 150
Over 1000 seats $ 200
6365.64. Trailer Rentals
Where such rentals are conducted in connection
with a service station or business other than
general equipment rentals $ 25
(Where such rentals are conducted as an integral part of an
equipment rental business, no separate license fee is imposed.)
6365.65. Trash Hauling and Trash Disposal
Including collection and disposal of garbage,
conbustible and non-combustible rubbish and
miscellaneous debris $ 75
Plus
For each truck in excess of two $ 25
6365.66. Undertaking $ 150
6365.67. Vending and Service Machines
Except machines otherwise specifically provided
for in this part:
For machines requiring 1� to 5� $ 1 .50 slot
For machines requiring 6� to 15� $ 5 slot
For machines requiring 16� and over $ 15 slot
Stamp machines, each $ 2
Scale or weigh machines, each $ 1
6365.68. Wheeled Vehicles
a. For each vehicle defined in Section 6303.78 and
except as provided in b. hereof $ 25
b. For a fleet of 5 or more such vehicles in one
ownership and use provided that all such vehicles
are registered with the Director of Finance and
bear a decal displayed in accordance with re-
quirements of the Director of Finance $ 125
Ord. No. 71-161/Page 27 of 27
Section 3. This Ordinance relates to taxes for the usual and current expenses of the City
and pursuant to the provisions of Government Code 36,937, shall take effect immediately upon
adoption.
PASSED, APPROVED and ADOPTED this 22nd day of March 1971 .
as
M O
ATTEST:
CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Marilyn R. Cortina, City Clerk of the City of Carson, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the foregoing
ordinance, being Ordinance No. 71-161, passed first reading on March 15, 1971 ,
was duly and regularly adopted by the City Council of said City at a regular adjourned meeting
of said Council, duly and regularly held on the 22nd day of March 1971,
and that the same was so passed and adopted by the following roll call vote:
AYES: COUNCILMEN: Marbut, Spence and Smith.
NOES: COUNCILMEN: Junk.
ABSENT: COUNCILMEN: Leahy.
I
i
City Clerk.. City o Carson, California