HomeMy Public PortalAboutOrdinance 66-2131
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ORDINANCE NO. 66 -213
AN ORDINANCE OF THE CITY OF TEMPLE CITY
AMENDING ARTICLE VI OF THE TEMPLE CITY
MUNICIPAL CODE BY REPEALING CHAPTER 2
AND ADDING NEW CHAPTERS 2, 3, 4, AND 5
THERETO RELATING TO BUSINESS LICENSES.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. Chapter 2 of Article VI of the Temple City Muni
ctpal Code is hereby repealed to the extent set forth herein,
Such repeal of County Ordinance 5860 shall only be effective 'to
the extent the provisions thereof are inconsistent with the new
Chapters 2, 3, , and 5 set forth herein. To the extent said
Ordinance 5860 is not inconsistent, such as providing regulations
for certain businesses and standards for the issuance of permits,
Ordinance 5860 shall be continued in effect.
Chapters 2, 3, 4, and 5, reading as follows, are hereby
added to the Temple City Municipal Code:
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ARTICLE VI.
BUSINESSES, PROFESSIONS AND TRADES
Chapter 2 - LICENSE REQUIREMENTS
Section 6200. Scope.
It is the intent of Chapters2 -6 of this Article to provide
regulatory provisions only with regard to the specific businesses
set forth in Chapters 5 and 6 and to prescribe a schedule of fees
for revenue purposes only for those businesses set forth in Chap-
ters 2, 3 and 4 hereof. In the event that any provision of Chap-
ters 2, 3 and 4 should be construed to be regulatory, then neither
such provision, nor any penal or regulatory provision thereof shall
be applied or be made applicable to any business activity which is
regulated exclusively by the State of California or other govern-
mental agency, or which by the laws of this State or court decision
is not subject to regulation by this City. Any business activity
listed in Chapters 2, 3 and 4 hereof, for which a permit is re-
quired, shall be construed as enacted for both revenue and regula-
tory purposes.
Section 6201. Definitions.
For the purpose of Chapters 2 -6 of this Article VI, certain
words and phrases are defined and certain provisions shall be con-
strued as herein set forth, unless it is apparent from the context
that a different meaning is intended.
Section 6201.1. "Person ". ''Person" shall mean all domestic
and foreign corporations, associations, syndicates, joint stock
corporations, partnerships of every kind, clubs, Massachusetts,
business or common law trusts, societies, and individuals trans-
acting and carrying on any business in the City of Temple City.
Section 6201.2. "Business'. "Business" includes professions,
trades and occupations and all and every kind of calling whether
or not carried on for profit or livlihood.
Section 6201.3. "Conduct ". "Conduct" includes conducting,
managing or carrying on of a business either as owner, officer,
agent, manager, employee, servant or lessee.
Section 6201,4. "Employee ": The terms "individuals engaged,
employed or used in the conduct of business", or "employee", shall
include all individuals actively participating in the conduct of
such business, whether as owners, partners, managers or employees,
but shall exclude any employee or employee position requiring the
payment of wages for, or work hours of, less than twenty hours per
week or less than four weeks per year. "Employee" for the purpose
of determining rates is further defined in Section 6305.
Section 6201,5. "License Collector ", The term "License
Collector" shall mean the City Clerk, except in those cases under
Chapter 5 where an application is made to the County TFix Collector
or other County official.
Section 6202. Substitute for Other Revenue Ordinances.
Persons required to pay a license tax for transacting and
carrying on any business under this Article
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shall not be relieved from the payment of any license tax for the
privilege of doing such business required under any other Ordin-
ance of the City, and shall remain subject to the regulatory
provisions of other ordinances and Chapters of this Code.
Section 6203. Effect of Article on Past Actions and
Obligations Previously Accrued.
Neither the adoption of this Article nor its superseding of
any portion of any other ordinance of the City shall in any manner
be construed to affect prosecution for violation of any other
ordinance committed prior to the effective date hereof, nor be
construed as a waiver of any license or any penal provision appli-
cable to any such violations, nor be construed to affect the
validity of any bond or cash deposit required by any ordinance
to be posted, filed, or deposited, and all rights and obligations
thereunto appertaining shall continue in full force and effect.
Section 6204. Business Violating Law.
The issuance of a license under this Article shall not
entitle the licensee to engage in any business which for any
reason is in violation of any law, ordinance or Code section.
Section 6205. License Non - transferable.
No license hereunder shall be transferred or assigned, nor
shall such license be construed as authorizing any person other
than the licensee to engage in the licensed business.
Section 6206. Licenses Upon Which Fees are Exem2t.
No license fee shall be required for, of or from the
following:
(a) Those exempt from municipal license tax by
virtue of the Constitution and the laws of this State or the
United States. Those exempt from municipal license tax under
the rules applicable to interstate commerce.
(b) Any institution or organization which is conducted
wholly for the benefit of charitable purposes and from which
profit is not derived either directly or indirectly by any
person; nor shall any license be required for the conducting
of any entertainment, dance, concert, exhibition, or lecture
on scientific, historical, literary, religious or moral subjects
whenever the receipts from the same are to be appropriated to
any church or school, or to any religious or benevolent purpose
within the City; nor shall any license be required for the
conducting of any entertainment, dance, concert, exhibition, or
lecture whenever the receipts from the same are to be appropriated
for the purposes and objects for which such association or organ-
ization was formed, and from which profit is not derived, either
directly or indirectly, by any person. Nothing in this Chapter
contained shall be deemed to exempt any such institution or
organization from complying with the provisions of this Code
requiring such institution or organization to obtain a permit
from the City Council or proper officer to conduct, manage, or
carry on any business.
(c) Any enterprise or entertainment when the receipts
derived therefrom are to be apportioned to any church or school
or to any religious or benevolent and /or charitable purpose within
the City.
(d) Any honorably discharged soldier, sailor or marine
of the United States who is physically unable to obtain a livli-
hood by manual labor, and who is peddling, hawking and vending
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any goods, wares or merchandise owned by him; and who exhibits
his authenticated discharge papers and an application approved
by the License Collector of the City.
(e) Any person peddling exclusively any fruit or
vegetables or other produce raised upon his lands; provided,
however, that such person shall furnish conclusive proof to the
License Collector of the City that such products were raised by
him on his lands before the issuance of license exempt from fee,
and any person so peddling shall carry said license with him.
(f) Any employee or direct agent of a licensee con-
ducting the business of such licensee.
(g) The conducting of any boarding home, boarding
school, lodging house, apartment house, or home for the aged
containing less than four sleeping rooms, or the conducting of
any boarding house, day school, or day nursery accommodating less
than four persons for a remuneration.
(h) To conduct a sale at public auction of articles
of personal property belonging to residents of the City which
articles shall not be a stock in trade or any part of any stock
in trade of any kind.
Any person claiming an exemption pursuant to this section
shall file a verified statement with the License Collector stating
the facts upon which exemption is claimed. The License Collector
shall, upon the proper showing contained in the certified state-
ment, issue a license to such person claiming exemption under the
subdivisions of this section without payment to the City of the
license tax rec+uired by this Article.
In all cases of doubt as to any applicant being entitled to
an exemption from any license tax or from the application of any
of the provisions of this Article, the burden of establishing the
right of such exemption shall be upon the applicant. 111 appli-
cations for exemption in such cases shall be referred to the City
Council which shall consider and act upon the same and grant or
refuse such exemption as in the use of its discretion it shall
deem just. In the event the City Council refuses an exemption,
the applicant therefor shall be entitled to a hearing before the
Council upon request therefor, at which time the Council shall
review the matter.
Nothing in this section or any subsection hereof shall exempt
any person from complying with any of the regulatory measures or
provisions of any other ordinance of the City.
Section 6207. Mistake in Amount.
In no event shall any mistake made by the License Collector
in stating the amount of the license fee or in receiving the
license fee prevent or prejudice the collection by the City of
the amount actually due, together with all costs of collection,
from any person for conducting any business activity without a
license or for refusing to pay the license fees specified herein.
Overpayments shall be reimbursed upon approval of the City Manage.
Section 6208. Penalties for Failure to Pay Tax When Due.
For failure to pay an annual, semi- annual or quarterly
license tax when due, the License Collector shall add a penalty
of ten percent (107) of said license tax on the thirtieth day of
each month after the due date thereof; and /or failure to pay a
monthly, weekly or daily license tax when due, the License
Collector shall add a penalty of ten percent (107) of said
License Tax on the day following the due date thereof.
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Section 6209. License Tax Considered Debt.
The amount of any license tax and penalty imposed by the
provisions of this Article shall be deemed a debt to the City,
and any person carrying on any business without first having
procured a license from said City so to do, shall be liable to
an action in the name of said City in any court of competent
jurisdiction for::the amount of license tax and penalties imposed
on such business.
Section 6210. Both Criminal and Civil Action Authorized
for Failure to Pa License Tax.
The conviction and fine or imprisonment of any person for
engaging in any business without first obtaining a license to
conduct such business, shall not relieve such person from paying
the license tax to conduct such business, nor shall the payment
of any license tax prevent a criminal prosecution for the viol-
ation of any of the provisions of this Article. All remedies
prescribed hereunder shall be cumulative and the use of one or
more remedies by the City shall not bar the use of any other
remedy for the purpose of enforcing the provisions hereof.
Section 6211. Enforcement Authority.
The Los Angeles County Sheriff shall have and exercise the
power to make arrests for the violation of any of the provisions
of this Article and to enter, free of charge, at any time, any
place of business for which a license is required by this Article
and to demand the exhibition of such license for the current
term by any person engaged or employed in the transaction of such
business; and if such person shall then and there fail to exhibit
such license, such persons shall be liable to the penalty provided
in violation of this Code.
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CHAPTER 3 - LICENSE PROCEDURE
Section 6300. License Required.
There are hereby imposed upon the businesses, trades, profession:..
callings and occupations specified in this Article license taxes in
the amounts hereinafter prescribed. It shall be unlawful for any
person to transact and carry on any business, trade, profession,
calling or occupation in the City of Temple City without first having
procured a license from said City so to do or without complying with
any and all . applicable provisions of this Article. This section
shall not be construed to require any person to obtain a license
prior to doing business within the City if such requirement conflicts
with applicable statutes of the United States or of the State of
California.
(a) No person shall conduct any business in the City with-
out having an unrevoked license from the City so to do, valid and
in effect at the time, and without complying with any and all regu-
lations of such business contained in this Code. No person who is an
employee or who is the direct representative of a licensee shall be
required to pay a license for the doing of any part of the work of
such licensee.
(b) Every person who operates any business, whether upon
a cost, rental or commission basis as a concession or upon rented
floor space in or upon the premises of any person licensed under any
provision of this Article, shall be required to obtain a separate and
independent license pursuant to the appropriate provisions hereof,
and shall be subject to all provisions of this Article.
Section 6301. Separate Business.
Separate licenses must be obtained for each branch, establish-
ment, or separate place of business in which the business is con-
ducted.
Section 6302. Two or More Businesses.
In the event that any person is conducting, managing or carry-
ing on, at one location, more than one business required to be
licensed hereunder, (or is conducting one business which might be
classified in one or more groups) the license tax to be paid by such
person shall be determined as follows:
Such person shall pay the highest license tax provided herein
for any of the businesses so conducted, end shall not pay any license
tax for any other of such several businesses.
For the purposes of this section, (1) vending machines and (2)
games of skill and science shall be treated as a separate business
as to which a full and separate license fee shall be paid unless
such vending machines are operated by an otherwise licensed person,
who is the owner of the goods being sold by such vending machines
and which are operated only as an incident to another licensed
business.
Section 6303. No License Transferable - Amended License For
Changed Location.
No license issued pursuant to this Chapter shall be transfer-
able; provided, that where a license is issued authorizing a person
to transact and carry on a business at a particular place, such
license may, upon application therefor and paying a fee of
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$1.00, have the license amended to authorize the transacting and
carrying on of such business under said license at some other
location to which the business is or is to be moved.
Section 6304. Unexpired License Heretofore Issued.
Where a license for revenue purposes has been issued to any
business by the City and the tax paid therefor under the provision:
of any ordinance heretofore enacted and the term of such license
has not expired, then the license tax prescribed for said business
shall not be payable until the expiration of the term of such
unexpired license.
Section 6305. Duplicate License.
A duplicate license may be issued by the License Collector
to replace any license previously issued hereunder which has been
lost or destroyed, upon the license filing an affidavit attesting
to such fact, and at the time of filing such affidavit paying
to the License Collector a duplicate license fee of $1.00.
Section 6306. Posting and Keeping Licenses.
All licenses must be kept and posted in the following manner:
(a) Any licensee transacting and carrying on business
at a fixed place of business in the City shall keep the license
posted in a conspicuous place upon the premises where such
business is carried on.
(b) Any licensee transacting and carrying on business
but not operating at a fixed place of business in the City shall
keep the license upon his person at all times while transacting
and carrying on such business.
(c) Any licensee to whom a license has been issued for
the operation of a wheeled vehicle shall be issued by the License
Collector, in addition to the license certificate, a paper or
metal license certificate and said certificate shall at all times
during the effective dates thereof be affixed to the windshield
or left front door in the case of a sticker, or on the rear of
said vehicle in a conspicuous place in case of a metal license
plate.
Section 6307. application e Contents of License.
Every person required to have a license under the provisions
of this Article, shall make application for the same to the
License Collector of the City and upon the payment of the pre-
scribed tax the License Collector shall issue to such person a
license which shall contain:
(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
the expiration of such license; (5) such other information as
may be necessary for the enforcement of the provisions of this
Article.
Section 6308. Rates.
The amount of license fees •o be paid to the City by any
person engaged in or carrying on any profession, trade, calling,
occupation or business under the provisions of this Article, is
hereby fixed and established as iriChapter 4 of this Article set
forth.
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Section 6309. Affidavit. First License.
(a) In all cases where the amount of license to be paid
by any person is based upon the number of employees employed, it
shall be the duty and obligation of the applicant to file with the
License Collector simultaneously with the filing of the applicaticr .
or as a part thereof, a written statement showing the average ;:
number of individuals engaged, employed or used in the conduct of
such business during the six month period immediately prior to the
filing of the application and such number of individuals shall
determine the license fee to be paid in accordance with the
schedule herein provided.
In determining the number of employees for the purpose of
fixing the license tax due under this Article, the employer shall
take the number of employees earning wages during pay periods
ending the nearest fifteenth day of each month as shown by Form
DE3 of the State of California, Department of Employment, or other
form which may hereafter be adopted for reporting payments due
under the Unemployment Insurance Act for each month on the
previous calendar year, adding the same and dividing by twelve;
if the employer has been in business less than one year, he may
use the average number of employees as shown by said form for the
last quarter. If the application of such formula produces a
fractional number of employees, the next lowest integer shall be
used.
If the application is for a new, previously unlicensed busi-
ness, such application or written statement shall estimate the
number of individuals proposed to be engaged, employed or used in
the conduct of the business, which estimate shall be reconciled
in accordance with the facts when the succeeding annual renewal
of the license certificate is applied for at which time the
license fee shall be adjusted accordingly.
(b) Such statements or estimates shall not be conclusive
upon the City or upon any officer thereof as to the matters set
forth therein, and the same shall not prejudice the rights of the
City to recover any amount that might be ascertained to be due
from such person, in addition to the amount shown by such statement
to be due in case such statements are found to be incorrect. The
correctness of all such statements shall be subject to verification
by the License Collector of the City or his properly authorized
deputies who are hereby authorized and empowered to inspect and
audit the books and records of any and all persons licensed to
carry on any trade, business, occupation or calling in this
Article specified.
If any person fails to file any required statement within the
prescribed time, the License Collector shall assess the maximum
license rate prescribed for the profession, trade, calling or
occupation carried on by such person as hereinabove provided by
giving written notice of the amount assessed by serving it
personally or by depositing it in a United States post office,
postage prepaid, addressed to the person so assessed, at his last
known address. Such person may, within ten (10) days after the
mailing or serving of such notice, make application in writing
to the License Collector for a hearing, on the amount of the
license tax. If such application is not made within the time
prescribed, the assessment shall become final, and if such appli-
cation is made within the time prescribed, the License Collector
shall cause the matter to be set for hearing before the City
Council. The City Council shall consider all evidence produced
and the amount of the license tax so determined by the City Council
shall be the amount due and, payable for such license.
(c) The License Collector shall not issue to any such
person another license for the same or any other business until
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such person shall have furnished to him the written statements
and /or paid the license tax as herein required.
Section 6310. Numbered Plates.
The License Collector shall issue numbered plates or stickers
to each licensee who is issued a license for conducting business
by vehicle as defined herein, one plate for each vehicle so used,
which plate shall be placed conspicuously on the vehicle. No
person shall place any such plate or sticker on a vehicle not used
by the licensee in such business, or drive or operate a vehicle
engaged in any such business upon which no plate or sticker is
placed, except as provided herein.
Section 6311. Date of Licenses.
Annual licenses shall date from the first day of January of
each year; quarterly licenses shall date from the first days of
January, April, July and October, respectively; monthly licenses
shall date from the first day of the calendar month for which
they are issued; daily or weekly licenses shall be due and payable
each day or week in advance. Renewal licenses shall become
delinquent on or after the due date and new licenses become
delinquent upon the date of commencement of the operation of the
business.
Section 6312. How and When Payable - Pro - ration.
All annual license fees, under the provisions of this Chapter,
shall be due and payable in lawful money of the United States in
advance on the first day of January of each year. Any person doing
business for less than the full year and for which business an
annual license fee is provided in this Chapter, shall be required
to pay the amount of the license fee for a full year, except that
the fee for any such license issued within the second quarter,
third quarter, or fourth quarter of any year for the remainder of
such calendar year shall be seventy five percent (757), fifty
percent (50 %) and twenty five percent (257), respectively, of the
annual license fee prescribed for such business.
Except as otherwise herein provided, license fees, other than
annual, required hereunder, shall not be pro -rated and shall be
due and payable in advance in lawful money of the United States as
follows:
1. Quarterly license fees on the first days of January,
April, July and October of each year;
2. Monthly license fees on the first day of each and
every calendar month;
3. Weekly license fees on Monday of each week;
4. Daily license fees each day in advance.
No greater or less license fee or amount of money shall be
charged or received than is provided for in Chapter 4 of this
Article and no license shall be issued or authorized for any period
of time other than or different from that provided in this Article.
Section 6313. Identification Cards Required.
Concurrently with the issuance of a license for any mechanical
amusement device which furnishes or may be operated as a game,
contest or amusement, or any vending machine, weighing machine, or
machine or device furnishing astrological readings, ,foot -ease
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service, automatic shoe shining, automatic instrumental or
phonographic music, the License Collector shall issue and furnish
an identification card for each such device or machine so licensed.
Such identification card shall be and remain attached to said
device or machine at all times. A change in the particular
device or machine at the place of business specified on the
license may be made at the option of the owner or operator thereof
at any time during the period designated in said license where
such change is the substitution of a device or machine of the
same type and the owner or operator thereof shall notify the
License Collector of such change.
Section 6314. Unexpired Lice "nses'Heretofore Issued.
Where 'a •license• has..been issued by the City for' any business
and the tax fee paid therefor under the provisions of any ordinance
heretofore enacted and the term of such license has not expired,
then the license fee prescribed for said business by this Article
shall not be payable until the expiration of the term of such
unexpired license.
Section 6315. No Refund or New Licenses.
Upon such revocation of a license, no part of the license fee
collected shall be returned but shall be forfeited to the City.
When the license of any - person is revoked for any cause, no new
or other license shall be granted to such person within six
months from the date of such revocation.
Section 6316. Revocation of Licenses.
Any license issued under this Chapter is subject to revocaticr
for cause in the manner provided herein.
Complaints against any licensee seeking a revocation of
license must be in writing and must set forth one or more of the
grounds hereinafter enumerated, which shall constitute the basis
for the revocation of the license issued hereunder.
A-; written -`report -of ^the ;.Sheriff or any officer or employee
of the City disclosing asserted violations of law or ordinance
biy the licensee shall be deemed a complaint within the meaning
of this section. All complaints must be verified unless made by
officers or employees in their official capacity.
The following are the grounds which shall constitute the
basis for the revocation of licenses:
1. When the continuance of the operations of the licensee
under such license shall be contrary to the public health, safety,
peace, welfare or morals.
2. The violation of any of the penal provisions of this
Article.
3. The misrepresentation of a material fact by any applicant
in obtaining a license hereunder.
4. The plea, verdict, or judgment of guilty to any public
offense involving moral turpitude charged against the licensee.
Section 6317. Same. Hearing.
Complaints may be filed with the City Council and upon the
filing thereof the City Council, after investigation, if it deems
such complaint to warrant further consideration, must provide for
a public hearing thereon and determine whether or not such license
should be revoked.
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Section 6313. Same. Written Notice.
The City Council shall cause written notice of the time and
place of the hearing of the complaint or report to be given to the
complaining party as well as to the licensee. The hearing shall
be set for a date not less than five days subsequent to the
mailing of the notice. The notice shall be sent to the licensee
by registered mail, addressed to said licensee at his address as
shown in the license records of the City, and enclosed with such
notice shall.be a copy of the complaint or report filed with the
City Council. All hearings before the City Council shall be
conducted informally and the Council shall not be bound by any
statutory rules of evidence or procedure, but shall make inquiry
in such manner as it deems advisable to protect the rights of the
parties and to carry out the purposes of this Chapter. Any
licensee shall be entitled to have witnesses subpoenaed and to
appear and give testimony with respect to the charges made against
him. The decision of the City Council after holding of such
hearing shall be final and conclusive and shall be binding upon
all parties concerned. If the City Council shall order the
revocation of any license issued hereunder, no person whose
license has been revoked shall thereafter conduct such business
in the City.
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CHAPTER 4 - SCHEDULE OF RATES
Section 6400. Definitions. Unless further defined for the
purpose of any particular Division, Part or Chapter of this
Article, and unless it is apparent from the context that another
meaning is intended, the following words when used in this Article
shall have the meaning ascribed to them by the following sections
of this Chapter.
Section 6400.1. Advertising Bench. Advertising Bench shall
mean and include any bench on or upon which any kind of advertising
matter is placed, maintained or displayed.
Section 6400.2. Advertisin Matter. Advertising Matter
shall mean and include printe an i' s, dodgers, booklets, cards
in excess of two and one -half (2 -1/2) inches by four (4) inches,
and any other printed advertising matter describing or calling
attention to any product, business, enterprise, person, firm or
corporation for any purpose other than solely for religious or
political purposes, but excluding a newspaper.
Section 6400.3. Advertising Vehicle. Advertising vehicle
shall mean the business of operating upon the street any wheeled
vehicle equipped with music or a musical device, loud speaker or
other device for attracting attention, or of operating any
wheeled vehicle for advertising purposes and to which wheeled
vehicle there are attached signs, placards, billboards or other
advertising matter.
Section 6400.4. Apartment House. Apartment House shall
mean any building or portion thereof which is designed, built,
rented, leased, let or hired out to be occupied or which is
occupied as the home or residence of four or more families living
independently of each other and doing their own cooking in said
building, and shall include flats and apartments.
Section 6400.5. Automobile for Hire. Automobile For Hire
shall mean and include every automobile—Er motor propelled
vehicle used for the transportation of passengers for compensation
over the streets and not over a fixed or defined route, irrespec-
tive of whether the operations extend beyond the boundary limits
of the City, at rates for distance traveled, per mile, per trip,
for waiting time or otherwise. Automobile for Hire shall include
taxi and taxicab.
Section 6400.6. Bench. Bench shall mean and include any
seat, chair, bench or =Tar device located in or upon any street
or other public property for the use or accomodation of passersby
or persons awaiting transportation.
Section 6400.7. Bungalow Court. Bungalow Court shall mean
four or more separate or connecte welling units on any one parcel
or contiguous parcels of land.
Section 6400.3. Business by Vehicle. Business by Vehicle
is the business of running, driving, or operating any automobile,
automobile truck, automobile tank w =agon or any vehicle used for
transportation, selling, collection or delivery of goods or other
personal property of any kind from a vehicle, either as a principal
business or in connection with any other business; of soliciting
for work, labor or services to be performed upon the public street,
in or from a vehicle, or to be performed on goods or other person-
al property; or peddling goods; or soliciting for work, labor
or services on goods to be taken for such purpose to a plant or
establishment inside cr outside the City limits.
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The term shall be deemed to apply to the delivery of goods
purchased by retail merchants in the City at wholesale prices and
delivered to said merchants in the City at wholesale prices and
delivered to said merchants in said City for resale by them for
use or consumption by the public, and shall apply to the delivery
of services to the businesses and professions listed in this
Chapter, but shall not apply to persons operating such vehicles
together with, and in conjunction with, a fixed place of business
within the City, for which such business a license fee is paid
under the other provisions of this Article.
The provisions of this Article are not to be construed as
imposing a tax upon vehicles, but as a method of classification of
businesses and distinguishing between those maintaining a fixed
place of business in the conduct of which vehicles are used and
those maintaining a business in the conduct of which vehicles are
used but who do not have a fixed place of business in the City.
Section 6400.9. Club Dance. Club Dance shall mean any dance
held or conducted by a dancing club.
Section 6400.10. Contractor. Contractor shall mean any
person who engages with the owner or lessee or other person in
possession of any lot or parcel of land or building, for the
erection, construction or repair of any building or structure,
or for the construction or doing of any heating air conditioning,
automatic or other sprinkler system, paving, wrecking, excavating,
drainage, irrigation, electric signs, sign devices, gas filled
luminous tube signs or designs, brick laying, cement work, sewer
work, painting, paperhanging, tile work, carpenter work, glazing,
insulation, structural pest control, lathing, plastering, roofing,
sheet metal, shingling, flooring,swirnming pools, landscaping,
fencing or interior decorating, whether the same be by contract
at a fixed price, or upon the cost of materials and labor basis,
or upon the basis of the cost of construction or repair plus a
percentage thereof.
Section 6400.11. Dancing Club. Dancing Club shall mean
any club or association of persons which conducts dances other
than public dances for its members or bona fide guests more often
than once per month, at which a fee is charged either for admission_
to such dance or for dancing therein, or at which any collection
or donation of money is made or received, or in which the amount
of dues to be paid by each member:•ds dependent upon attendance at
such dances by such member.
Section 6400.12. Disseminate. Disseminate shall mean and
include the terms distribute, aeposit, hand out, pass out, give
out, deliver and throw away, as well as causing or permitting any
of the foregoing.
Section 6400.13. Driver. Driver shall mean a person who
drives or is in actual physical control of an automobile for hire.
Section 6400.14. Kennel. K.Gnnel shall mean any place where
four or more dogs and cats, or four or more of either, are main-
tained at any one location.
Section 6400.15. Maintain. Maintain shall mean and include,
construct, erect, instaiI77176a and permit to be.
Section 6400.16. Mediine Show. Medicine Show shall mean
and include the using oi`a7.y muses, lecture, entertainment or
operation of other like scheme or plan to attract an audience or
crowd, and the selling or giving away to any person in such
audience or crowd any drug or medicine, or pretended medicament,
or any surgical or medical appliances or instrument.
587
Section 6400.17. Manufacturer. Manufacturer shall mean and
include the process of Ming, preparing, altering, repairing, or
finishing, in whole or in part, or to assemble, inspect, wrap or
package any articles or materials; the making or fashioning by
working on or combining material; the assembling of component
parts.
Section 6400.18. Newspaper. Newspaper shall mean and be
limited to a publication which has been and at the time of its
dissemination or distribution is admitted as second class matter
under applicable United States Postal regulations, is a newspaper
of general circulation under the laws of the State, and at the
time of its dissemination or distribution maintains a bona fide
list of paying subscribers at regular published rates.
Section 6400.19. Nonadvertising Bench. Nonadvertising
Bench shall mean and include any bend on or upon which no kind of
advertising matter is placed, maintained or displayed.
Section 6400.20. Owner. Owner, when used with reference to
an automobile for hire shall mean and include any person other
than a driver who or which owns, operates, controls or directs
the use of an automobile for hire.
Section 6400.21. Peddlers and Solicitors. Peddlers and
Solicitors shall include every person who travels from place to
place or house to house and makes demonstrations of, or solicits,
takes orders or canvasses for the sale of, or who sells any goods,
wares or merchandise, or things or articles of value of any
nature, kind or description, whether he does one or more of the
things described in this Section.
Section 6400.22. Poultry and Animal Business. Poultry and
Animal Business shall mean t e usiness of owning or maintaining
twenty -five (25) or more birds, fowl, poultry, rabbits or animals
(other than horses), and the offering to sell, trade or exchange
for anything of value and the offering by any sign or other means
of advertising to sell, trade or exchange for anything of value,
any birds, fowl, poultry, rabbits or animals (other than horses)
or the offspring, products or by- products of any thereof. Every
person who owns or maintains twenty -five (25) or more birds or
fowl, poultry, rabbits or animals, other than horses, and who
sells, offers to sell, trades or exchanges for anything of value,
or who by any sign or other means of advertising offers to sell,
trade or exchange for anything of value, any birds, fowl, poultry,
rabbits or animals (other than horses) or the offspring, products
or by- products of any thereof, shall conclusively be presumed to
be conducting, managing and carrying on a business and subject
to the provisions of this Article.
Section 6400.23. Premises. Premises
every house, dwelling, UUTTME, structure,
establishment, lot, yard, location, place,
walk, street, public way and every vehicle.
Section 6400.24. Printed v Printed shall mean and include
the terms, rimeographedT—I1TEFgraphed, handwritten, stereotyped,
typewritten and painted.
Section 6400,25. Private Patrol. Private Patrol shall mean
the operation, maintenance or co' is of the business or occupation
of night watchman, night watch service or agency, private police-
man, police patrol service or any other occupation the purpose of
which is to afford, for hire or reward, additional police, guard,
or fire protection in addition to that furnished by the City.
shall mean and include
enclosure, business
alley, parkway, side-
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Section 6400.26. Profession. Profecsi^ - shall mean and
include those occupations universally classified as professions,
as opposed to a business activity; a calling in which one
professes to have acquired some special'knowledge used by way of
instructing, guiding and advising others or serving them in
some calling, vocation or employment, and which includes but not
by way of limitation those professions listed as such in the
Business and Professions Code of the State of California for
which a testing requirement is imposed.
Section 6400.27. Public Dance. Public Dance shall mean a
gathering of persons in or upon any premises where dancing is
participated in, either as the main purpose for such gathering or
as an incident to some other purpose, and to which premises the
public is admitted.
Section 6400.28. Public Dance Hall. Public Dance Hall shall
mean a place where dancifirii—c75005707 whether 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.
Section 6400.29. Retailer. Retailer includes every seller
who makes any retail sale or sales of tangible personal property.
A retail sale is any sale defined as such by the Sales and Use
Tax Laws of the State of California.
Section 6400.30. Service. Service includes all business
activities involving the providing of labor, together with the
furnishing of incidental materials in connection therewith; i.e.
labor performed in the intereet and under the direction of others,
except as such business activity may be more specifically included
in some other category.
Section 6400.31. Slaughter House. Slaughter House shall mean
a place where anyone slaughters more than three (3) fowls or
three (3) rabbits per day for other than the personal use of such
person.
Section 6400.32. Wheeled Vehicle. Wheeled Vehicle shall mean
and include an automobile, truck, tank truck, trailer, wagon, cart
and any and all contrivances used or capable of being used as a
means of transportation of persons or property, that move or
roll on one or more wheels.
Section 6400.33. Wholesaler. Wholesaler shall mean and
include every seller who makes any sale or sales of tangible
personal property for resale.
Section 6401. Classifications. All persons engaged in or
carrying on any profes ion tra e, calling, occupation or business
in or into the City of Temple City are hereby classified into
nine (9) groups as follows:
Professional;
Retailers;
Wholesalers;
M n :f ac tii ei s;
Sev ice s;
Contractors;
Business by Vehicle;
Specialty Busineuses;
Not otherwise classified.
Section 6402. The following rates shall be applied to the
business classifications set forth in Section 6401 hereof:
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Section 6402.1. The rates for the Professional classification,
shall be as set forth in Resolution No. 66 -682.
Section 6402.2. The rates for the Retailers classification
shall be as set forth in Resolution No. 66 -682.
Section 6402.3. The rates for the Wholesalers classification
shall be as set forth in Resolution No. 66 -682.
Section 6402.4. The rates for the Manufacturers classificatio
shall be as set forth in Resolution No. 66 -682.
Section 6402.5. The rates for the Services classification
shall be as set forth in Resolution No. 66 -682.
Section 6402.6. The rates for the Contractors classification
shall be as set forth in Resolution No. 66 -682.
Section 6402.7. The rates for the Business by Vehicle
classification shall be as set forth in Resolution No. 66 -682.
Section 6402.8. The rates for the Specialty Businesses
classification shall be as set forth in Resolution No. 66 -682.
Section 6402.9. The rates for the Businesses Not Otherwise
Classified shall be as set forth in Resolution No. 66 -682.
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CHAPTER 5 - BUSINESS REGULATION
Section 6500. Permit Re uq ired for Certain Businesses.
No person shall operate, and no license shall be issued for,
any of the following businesses until a permit has first been
obtained therefor upon application in writing for such permit pur-
suant to this Chapter, to wit:
(a) Automatic Car Wash
(b) Auctioneer
(c) Baths
(d) Billiard Rooms (public)
(e) Boarding House
(f) Bowling Alley
(g) Circus (primary business)
(h) Closing Out Sale
(1) Dances
(j) Entertainment, with dance
(k) Escort Bureau
(1) Explosives
(m) Games of Skill
(n) House Moving
(o) Massage Parlors
(p) Oil Drilling
(q) Pawnbroker
(r) Race Track (Auto, Bicycle, Motorcycle)
(s) Rides - Carnival, Merry -go- around, etc.
(t) Rodeo
(u) Salvage Dealer
(v) Second Hand Dealer
(w) Shooting Gallery
(x) Skating Rink
(y) Solicitors, Peddlers and itinerant Vendors
(z) Sound trucks - See Secs. 4248.1 -2 -3-4-5
(aa) Swimming Pool
(bb) Trade -in Dealer
(cc) Waste Collector
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(dd) Waste Disposal Facility
(ee) Wrecker, auto
Section 6501. Application.
The application for any permit required by this Chapter shall
be filed with the License Collector, shall be signed and verified
by the applicant and shall set forth the following:
1. The name and address of the applicant.
2. The name and address of the persons by whom employed, if any.
3. The nature of the business for which a permit is requested.
4. The place where such business is to be conducted.
5. A brief description of the nature and amount of equipment to
be used in such business.
6. The personal description of the applicant.
7. Evidence of the identity of the applicant of such character as
the City Council may require.
8. Finger prints and thumb prints of applicant.
Section 6502. Granting, or_Refusal of Permit.
The City Council may, after investigation of said application
and of said business proposed to be conducted, grant or refuse to
grant a permit. The City Council shall have the right to refuse
any such permit if it shall determine that the granting of the
same or the conduct of the business will be contrary to the preser-
vation of the public peace, health, safety, morals or welfare of
the City or its inhabitants. If such permit is granted, the City
Council may impose such terms, conditions and restrictions upon the
operation and conduct of such business, not in conflict with any
paramount law, as it may deem necessary or expedient to protect the
public peace, health, safety, morals or welfare of the City or its
inhabitants. Any applicant for such a permit shall be entitled to
a hearing thereon before the City Council upon a request therefor.
Section 6502.1. Peddlers.
In the event of an application for a peddler's, solicitor's
or itinerant vendor's permit, if the License Collector shall deter,
mine, after a reasonable investigation, that the applicant is of
good moral character and proposes to engage in an enterprise which
shall not be detrimental to the public peace, health, safety,
morals or welfare of the City or its inhabitants, said License
Collector shall then issue the permit required. In the event of
any refusal on the part of the License Collector to issue the re-
quired permit, the applicant may appeal to the City Council for a
review of such matter. After hearing thereon, the City Council
shall have the right to refuse such permit if it shall determine
that the proposed enterprise will be detrimental to the public
peace, health, safety, morals or the welfare of the City or its
inhabitants.
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Section 6503. Posting,
Such permit shall be posted in a conspicuous place on the
premises where the business for which such permit is issued is
conducted, and shall remain so posted during the period the permit
shall be in force.
Section 6504. Permit Fees.
Unless otherwise stated in this Code, the fee for filing an
application for a peddler's, solicitor's or itinerant vendor's
permit shall be $10.00, and the fee for filing an application for
any other permit mentioned in this Chapter shall be $5.00. Said
fees are intended to cover the actual costs of investigation and
no part of such fees shall be waived or refunded, except for per-
sons engaged in interstate commerce.
Section 6505. Police Invesstigj ion.
The Sheriff's Department shall, upon the request of the City
Council, investigate and report to the City Council all facts or
evidence bearing upon the place where the proposed business is to
be located and the character, reputation and moral fitness of those
who will be in charge thereof.
Section 6506. Revocation, , Suspension , Hear i ng,Not i ce.
When the City Council shall issue any permit under the terms
of this Chapter, the same may be revoked at any time thereafter by
said City Councii if said City Council becomes satisfied chat the
conduct cf such business does cr will in any manner endanger the
public welfare cr that the same has been conducted in an illegal,
improper or disorderly manner. Said City Council may revoke or
suspend permics issued for any business where the proprietor or
person in charge thereof violates or permits any infraction of any
law of the State or any ordinance of the City. No permit For any
business shall be revoked or permanently suspended under the terms
of this Chapter unless the permittee shall be adjudged guilty of a
misdemeanor hereunder or unless a notice and public hearing thereof
be first given the permittee, provided, however, that any such
permit may be temporarily suspended without such notice or hearing
by the City Council.
Section 6507. Non - Transferability.
No permit issued under this Chapter shall be transferable
except by the consent of the City Council.
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593
CHAPTER 6 - REGULATION OF PARTICULAR BUSINESSES
Section 6600. (none)
1
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594
SECTION 2. SEVEFABILITY. If any section, sentence, clause
or phrase of this Ordinance is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Temple City hereby declares that
it would have passed and does hereby pass this Section and each
sentence, section, clause and phrase hereof, irrespective of the
fact that any one or more sections, sentences, clauses or phrases
be declared invalid or unconstitutional.
SECTION 3. PENALTY. Any person, firm or corporation
violating this Ordinance shall be guilty of a misdemeanor and
upon conviction thereof shall be punishable by a fine of not
more than $500.00, or by imprisonment in the City or County Jail
for a period of not to exceed six (6) months, or by both such
fine and imprisonment.
SECTION 4. The City Clerk of the City of Temple City shall
certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be published in
the Temple City Times, a newspaper of general circulation, printed,
published and circulated in the City of Temple City.
PASSED, APPROVED and ADOPTED this 6thday of December, 1966.
ATTEST:
City C er
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY )
Maw- • the City of
Temple ty, California
I, KARL KOSKI, City Clerk of the City of Temple City, do
hereby certify that the foregoing Ordinance, being Ordinance No.
66 -213 , was introduced at a regular meeting of the City Council
of-t1 City of Temple City, held on the 21st day of November ,
1966, and was duly passed, approved and signed by the Mayor and
attested by the City Clerk at a regular meeting of said City Council .
held on the 6th day of December , 1966, by the following vote:
AYES: Councilmen - Beckley, Briggs, Merritt, Tyrell
NOES: Councilmen -None
ABSENT: Councilman- Harker
11/10/66 ro
Ci y C er o t o City o
Temple City, California
595