Chapter 18 BUSINESSES AND BUSINESS REGULATIONS*
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*Cross references: Amusements and entertainments, ch. 6; food, § 38-101 et seq.; oil and gas wells, ch. 70; sidewalk cafes, § 90-161 et seq.; building line setbacks, § 90-281 et seq.; moving of buildings, § 90-311 et seq.; taxation, ch. 98; hotel transient occupancy tax, § 98-121 et seq.; telecommunications, ch. 102; utilities, ch. 110; vehicles for hire, ch. 118; NC Neighborhood Commercial District, § 122-491 et seq.; SC Service Commercial District, § 122-521 et seq.; SLI Special Light Industrial District, § 122-551 et seq.; DBD Downtown Business District, § 122-571 et seq.; LI Light Industrial District, § 122-601 et seq.; PI Planned Industrial District, § 122-631 et seq.; adult entertainment businesses, § 122-901 et seq.; antennas and wireless communications facilities, § 122-981 et seq.
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Article I. In General
Secs. 18-1--18-30. Reserved.
Article II. Business Licenses
Sec. 18-31. Definitions.
Sec. 18-32. Article intended as revenue measure.
Sec. 18-33. Effect of article on other Code sections and ordinances.
Sec. 18-34. License required.
Sec. 18-35. License tax imposed.
Sec. 18-36. Branch establishments.
Sec. 18-37. Evidence of doing business.
Sec. 18-38. Constitutional apportionment of tax.
Sec. 18-39. Exemptions.
Sec. 18-40. Charitable and nonprofit organizations.
Sec. 18-41. Contents of license.
Sec. 18-42. Application for first license.
Sec. 18-43. Application for renewal license.
Sec. 18-44. Verification of statements and records.
Sec. 18-45. Confidentiality of information.
Sec. 18-46. Failure to file statement or corrected statement.
Sec. 18-47. Appeal.
Sec. 18-48. Authority of collector to extend time for filing.
Sec. 18-49. Transfer of license: change of location or ownership of business.
Sec. 18-50. Duplicate license.
Sec. 18-51. Posting and keeping licenses.
Sec. 18-52. Due date for payment of tax.
Sec. 18-53. Delinquent taxes; penalty for late payment.
Sec. 18-54. License tax a debt.
Sec. 18-55. Refunds of overpayment of tax.
Sec. 18-56. Gross receipts tax schedule.
Sec. 18-57. Flat rate tax schedule.
Sec. 18-58. Reduction of tax for carnivals and similar shows; tax on craft fairs and flea markets.
Sec. 18-59. Annual tax rate escalation.
Sec. 18-60. Authority to make additional rules and regulations.
Sec. 18-61. Enforcement.
Sec. 18-62. Remedies cumulative.
Sec. 18-63. Penalty for violations.
Sec. 18-64. Severability.
Sec. 18-65. Effective date of tax.
Secs. 18-66--18-90. Reserved.
Article III. Alarms, Alarm Companies, and Alarm Systems
Sec. 18-91. Definitions.
Sec. 18-92. Alarm company requirements.
Sec. 18-93. Alarm use permit required; issuance.
Sec. 18-94. Revocation and reissuance of alarm use permit.
Sec. 18-95. False alarm service charges.
Sec. 18-96. Backup power supply for alarm systems.
Sec. 18-97. Prohibited systems and uses.
Sec. 18-98. Appeal.
Sec. 18-99. Liability limitation.
Sec. 18-100. Penalties.
Secs. 18-101--18-120. Reserved.
Article IV. Escort Bureaus and Introductory Services
Sec. 18-121. Purpose.
Sec. 18-122. Definitions.
Sec. 18-123. Escort bureau or introductory service permit.
Sec. 18-124. Age requirement for escorts.
Sec. 18-125. Escort permit.
Sec. 18-126. Providing services to person under 18 years of age.
Sec. 18-127. Suspension or revocation of permit.
Sec. 18-128. Violations declared nuisance.
Sec. 18-129. Penalty.
Sec. 18-130. Applicability of regulations to existing businesses.
Secs. 18-131--18-150. Reserved.
Article V. Film Permits
Sec. 18-151. Purpose and scope.
Sec. 18-152. Definitions.
Sec. 18-153. Designation and duties of city representative to film industry.
Sec. 18-154. Time period for granting permit; period of validity.
Sec. 18-155. Fees.
Sec. 18-156. Application/permit form.
Sec. 18-157. Notification of property owners and residents.
Sec. 18-158. Distribution of regulations.
Secs. 18-159--18-180. Reserved.
Article VI. Fortunetelling
Sec. 18-181. Definitions.
Sec. 18-182. Posting of information and fees; regulation of fees.
Sec. 18-183. Accepting money other than lawful fees.
Sec. 18-184. Exceptions.
Sec. 18-185. Compliance with planning and zoning requirements.
Secs. 18-186--18-210. Reserved.
Article VII. Going Out of Business Sales, Removal of Business Sales, and Fire and Other Altered Goods Sales
Sec. 18-211. Definitions.
Sec. 18-212. License required.
Sec. 18-213. Applicability of article; eligibility for license.
Sec. 18-214. Application for license; license fee.
Sec. 18-215. Effect of license; conditions; renewal.
Sec. 18-216. Duties of licensee.
Secs. 18-217--18-240. Reserved.
Article VIII. Hotels, Motels, and Roominghouses
Sec. 18-241. Register of guests required; use of rooms for immoral or illegal purpose.
Sec. 18-242. Inspection of register and premises by police.
Secs. 18-243--18-270. Reserved.
Article IX. Massage Establishments, Out-Call Massage Therapy, and Massage Therapy Technicians
Sec. 18-271. Findings and purpose.
Sec. 18-272. Definitions.
Sec. 18-273. Permit required.
Sec. 18-274. Permit exemptions.
Sec. 18-275. Educational, certification, and association requirements.
Sec. 18-276. Massage Therapy Technician examination.
Sec. 18-277. Massage establishment permit application fee.
Sec. 18-278. Massage Therapy Technician permit application and fee.
Sec. 18-279. Application review.
Sec. 18-280. Permit issuance or denial.
Sec. 18-281. Disqualifying conduct.
Sec. 18-282. Hearing on denial of permit.
Sec. 18-283. Appeal of denial of permit.
Sec. 18-284. Grounds for suspension or revocation of permit.
Sec. 18-285. Hearing on suspension or revocation of permit.
Sec. 18-286. Burden of proof.
Sec. 18-287. Appeal of suspension or revocation of permit.
Sec. 18-288. Minimum age requirement.
Sec. 18-289. Permits non-assignable.
Sec. 18-290. Change of name or location, expansion of building.
Sec. 18-291. Display of permit.
Sec. 18-292. Facilities and operating requirements.
Sec. 18-293. Responsibility of employer.
Sec. 18-294. Out-call massage therapy permit.
Sec. 18-295. Permit duration and renewal.
Sec. 18-296. Applicability to existing businesses.
Sec. 18-297. Cease of business.
Sec. 18-298. Inspection.
Sec. 18-299. Enforcement.
Sec. 18-300. Severability.
Secs. 18-301--18-320. Reserved.
Article X. Secondhand Dealers
Sec. 18-321. Purpose.
Sec. 18-322. Definitions.
Sec. 18-323. Reporting requirements.
Sec. 18-324. Identification requirements.
Sec. 18-325. Evidence of authority to sell property.
Sec. 18-326. Retention and inspection of secondhand property.
Sec. 18-327. Receiving secondhand property from certain persons prohibited.
Sec. 18-328. Violations; penalties.
Sec. 18-329. Reserved.
Article XI. Medical Marijuana Dispensaries
Sec. 18-330. Definitions.
Sec. 18-331. Medical Marijuana Dispensary as a Prohibited Use.
Secs. 18-332--18-440. Reserved.
Article XII. Solicitors and Peddlers
Sec. 18-441. Definitions.
Sec. 18-442. Permit requirements and exemptions.
Sec. 18-443. Permit for sponsoring juvenile peddlers.
Sec. 18-444. Permit application.
Sec. 18-445. Fees.
Sec. 18-446. Application review and permit issuance.
Sec. 18-447. Denial of permit.
Sec. 18-448. Permit expiration.
Sec. 18-449. Permit exhibition.
Sec. 18-450. Transfer prohibited.
Sec. 18-451. Entry upon signed premises unlawful.
Sec. 18-452. Hours of solicitation.
Sec. 18-453. Permit revocation and temporary suspension.
Sec. 18-454. Notice and hearing.
Sec. 18-455. Appeals.
Sec. 18-456. Claims of exemption.
Sec. 18-457. Violations and penalty.
Sec. 18-458. Conflicting ordinances repealed.
Sec. 18-459. Severability.
ARTICLE I. IN GENERAL
Secs. 18-1--18-30. Reserved.
ARTICLE II. BUSINESS LICENSES*
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*Cross references: Business license for carnivals, circuses, fairs, and amusement places, § 6-169.
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For purposes of this article, the following definitions shall apply:
(Code 1965, § 6100; Ord. No. 836)
Business. Includes professions, trades, and occupations and all and every kind of calling, whether or not carried on for profit.
(Code 1965, § 6100; Ord. No. 836)
Collector. The Finance Director or other city officer charged with the administration of this article.
(Code 1965, § 6100; Ord. No. 836)
Employee. All persons engaged in the operation or conduct of any business in the city, whether as owner, member of the owner's family, partner, employee, agent, manager, or solicitor, and any and all other persons working in said business. In addition, for the purpose of this article, "employee" shall be any person who works for and receives a salary or wage from which deduction for federal withholding tax, state unemployment insurance, state disability insurance, or Federal Insurance Compensation Act (FICA) funds have been withheld.
(Code 1965, § 6100; Ord. No. 836; Ord. No. 1135)
Gross receipts. Includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature without deduction of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Included as "gross receipts" shall be those moneys received by every person engaged in the business of renting commercial and/or industrial real property, whether improved or unimproved, as an owner leasing to another person or as a lessee or sublessee subleasing to another person. These moneys apply whether received from private individuals or government agencies. Excluded from "gross receipts" are the following:
(Code 1965, § 6100; Ord. No. 836; Ord. No. 1135)
(1) Cash discounts allowed and taken on sales;
(Code 1965, § 6100; Ord. No. 836)
(2) Credit allowed on property accepted as part of the purchase price and which property may later be sold;
(Code 1965, § 6100; Ord. No. 836)
(3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(Code 1965, § 6100; Ord. No. 836)
(4) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;
(Code 1965, § 6100; Ord. No. 836)
(5) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee furnishes the collector with the names and addresses of the others and the amounts paid to them;
(Code 1965, § 6100; Ord. No. 836)
(6) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business are not excluded;
(Code 1965, § 6100; Ord. No. 836)
(7) As to a real estate agent or broker, the sales price of real estate sold for the account of others, except that portion which represents commission, payment, or income to the agent or broker.
(Code 1965, § 6100; Ord. No. 836)
Person. Includes a person, individual, corporation, association, syndicate, joint stock corporation, partnership, club, group, business, or society, whether foreign or domestic, other than an employee.
(Code 1965, § 6100; Ord. No. 836)
Sale. Includes the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying, or furnishing for a consideration of property; and a transaction whereby the possession of property is transferred and the seller retains title as security for the payment of the price. This definition does not exclude any transaction which results in a sale within the contemplation of law.
(Code 1965, § 6100; Ord. No. 836)
Solicitor. A person who travels by foot, wagon, vehicle, or other conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, or personal property of any kind, for future delivery, or for services to be furnished or performed in the future. "Solicitor" includes a person who hires, leases, uses, or occupies a building, structure, room, automotive vehicle, or other place within the city for the sole purpose of exhibiting samples and taking orders for future deliveries.
(Code 1965, § 6100; Ord. No. 836)
Sworn statement. An affidavit or a declaration or certification made under penalty of perjury.
(Code 1965, § 6100; Ord. No. 836)
Vendor. A person who sells, or offers to sell, any type of merchandise at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by that person. "Vendor" includes, but is not limited to, "hawker," "peddler," "street merchant," and "huckster."
(Code 1965, § 6100; Ord. No. 836; Ord. No. 85-30)
Cross references: Definitions generally, § 1-10.
Sec. 18-32. Article intended as revenue measure.
This article is enacted solely to raise revenue for municipal purposes and is not intended for regulation.
(Code 1965, § 6101; Ord. No. 836)
Sec. 18-33. Effect of article on other Code sections and ordinances.
Persons required to pay a license tax for transacting business under this article are not relieved or excused from the payment of any other license or tax that may be required under any other Code sections or ordinance of the city and shall remain subject to the regulatory provisions of other Code sections and ordinances.
(Code 1965, § 6102; Ord. No. 836)
(a) It shall be unlawful for any person to transact and carry on any business, trade, profession, calling, or occupation in the city without first having procured a license from said city so to do and paying the tax hereinafter prescribed or without complying with any and all applicable provisions of this article.
(Code 1965, § 6103; Ord. No. 836; Ord. No. 1135)
(b) In addition to being liable for the payment of the basic license fee, an additional premium of 50 percent of the basic fee or $25.00 maximum shall be due from any person who knowingly engages in business without first obtaining a business license. For failure to obtain a business license within 15 days of notice, the business shall be immediately subject to all the penalty provisions of section 18-53 of this article.
(Code 1965, § 6103; Ord. No. 836; Ord. No. 1135)
Sec. 18-35. License tax imposed.
There are hereby imposed, upon the businesses, trades, professions, callings, and occupations specified in this article, license taxes in the amounts hereinafter prescribed.
(Code 1965, § 6104; Ord. No. 836)
Sec. 18-36. Branch establishments.
(a) A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designed in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this article shall not be deemed to be separate places of business or branch establishments.
(Code 1965, § 6105; Ord. No. 836)
(b) Any person conducting two or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may, at his option, pay only one tax calculated on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts, except that a license fee of $25.00 for each additional branch or location shall be paid upon issuance.
(Code 1965, § 6105; Ord. No. 836)
Sec. 18-37. 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 given to the collector that he is not conducting a business in the city, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he is conducting a business in the city.
(Code 1965, § 6106; Ord. No. 836)
Sec. 18-38. Constitutional apportionment of tax.
(a) None of the license taxes provided for by this article shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the state.
(Code 1965, § 6107; Ord. No. 836)
(b) In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, he may apply to the collector for any adjustment of the tax. Such application may be made before, at, or within six months after payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show the method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden or violation. The collector shall then conduct an investigation and, after having first obtained the written approval of the City Attorney, may fix as the license tax for the applicant a lesser amount that is reasonable and nondiscriminatory or, if the license tax has already been paid, may order a partial refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this article. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of the applicant's business in the city or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of the license tax therefor, provided that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this article.
(Code 1965, § 6107; Ord. No. 836)
(a) Nothing in this article shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment of such taxes as are herein prescribed.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(b) Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the law and facts upon which exemption is claimed, and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this article.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(c) The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this article.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(d) The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(e) The following person(s) or individual(s) shall be exempt from paying a business license tax:
(Code 1965, § 6108; Ord. No. 1135)
(1) Full-time students under the age of 18 years having an annual gross income of less than $3,600.00.
(Code 1965, § 6108; Ord. No. 1135)
(2) Senior citizens (age 62 and above) who engage in part-time work from their residence and whose annual gross income from this business is less than $3,600.00.
(Code 1965, § 6108; Ord. No. 1135)
Sec. 18-40. Charitable and nonprofit organizations.
(a) Unless otherwise provided in this article, the following activities and organizations are exempt from payment of the license tax:
(Code 1965, § 6109; Ord. No. 836)
(1) The conducting, managing, or carrying on of any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation;
(Code 1965, § 6109; Ord. No. 836)
(2) The conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects, whenever all the receipts thereof are to be appropriated to any church or school or to any religious or benevolent purpose;
(Code 1965, § 6109; Ord. No. 836)
(3) The conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association, whenever the receipts of such are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation;
(Code 1965, § 6109; Ord. No. 836)
(4) A city-sponsored function where a fee is paid to the city for the right to participate as entries in the function shall be in lieu of any fee required to do business in the city and where the participation is by invitation of the city only. A city-sponsored function for purposes of this section is a function which is cultural or recreational in nature; provided, however, that this section does not apply to commercial food vendors who may participate or who may be asked to participate in the activity.
(Code 1965, § 6109; Ord. No. 931)
(b) In making a determination as to the exempt status of any organization or activity hereunder, the following criteria are to be considered by the collector:
(Code 1965, § 6109; Ord. No. 836)
(1) The organization or activity has received or has formally applied for tax-exempt status from the state Franchise Tax Board and Internal Revenue Service where applicable;
(Code 1965, § 6109; Ord. No. 836)
(2) The proposed activity will not be in conflict with any provisions of this Code, or state or federal law.
(Code 1965, § 6109; Ord. No. 836)
(c) For purposes of this section, "charitable" shall mean and include the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic," or "fraternal," either actual or purported. An activity defined as "religious" or a "religion" shall not mean and include the word "charitable" as herein defined but shall be given their commonly accepted definitions.
(Code 1965, § 6109; Ord. No. 836)
Sec. 18-41. Contents of license.
(a) Every person required to have a license under the provisions of this article shall make application as hereinafter prescribed to the collector of the city, and, upon the payment of the prescribed license tax, the collector shall issue to such person a license which shall contain the following information:
(Code 1965, § 6110; Ord. No. 836)
(1) The name of the person to whom the license is issued;
(Code 1965, § 6110; Ord. No. 836)
(2) The business licensed;
(Code 1965, § 6110; Ord. No. 836)
(3) The place where such business is to be conducted;
(Code 1965, § 6110; Ord. No. 836)
(4) The date of the expiration of such license; and
(Code 1965, § 6110; Ord. No. 836)
(5) Such other information as may be necessary for the enforcement of the provisions of this article.
(Code 1965, § 6110; Ord. No. 836)
(b) Whenever the tax imposed under the provisions of this article is measured by the number of vehicles, devices, machines, or other pieces of equipment used, or whenever the license tax is measured by the gross receipts from the operation of such items, the collector shall issue only one license, provided that he may issue for each tax period for which the license tax has been paid one identification sticker, tag, plate, or symbol for each item included in the measure of the tax or used in a business where the tax is measured by the gross receipts from such items.
(Code 1965, § 6110; Ord. No. 836)
Sec. 18-42. Application for first license.
(a) Upon a person making application for the first license to be issued hereunder or for a newly established business, such person shall furnish to the collector a sworn statement, upon a form provided by the collector, setting forth the following information:
(Code 1965, § 6111; Ord. No. 836)
(1) Name of the business;
(Code 1965, § 6111; Ord. No. 836)
(2) The exact nature or kind of business for which a license is requested;
(Code 1965, § 6111; Ord. No. 836)
(3) 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 the owner's residences;
(Code 1965, § 6111; Ord. No. 836)
(4) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, in addition to the fictitious name, the application shall set forth the names and places of residence of those owning said business;
(Code 1965, § 6111; Ord. No. 836)
(5) In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residence of the president and secretary of the corporation and the partners in the partnership;
(Code 1965, § 6111; Ord. No. 836)
(6) In all cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be required or necessary to determine the amount of the license tax;
(Code 1965, § 6111; Ord. No. 836)
(7) Any further information which the collector may require to enable him to determine the tax and issue the license.
(Code 1965, § 6111; Ord. No. 836)
(b) If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the license. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant, provided the amount of the license tax so determined shall be tentative only; and such person shall, within 30 days after the expiration of the period for which such license was issued and prior to the issuance of a renewal license, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this article for the ascertaining and paying of renewal license taxes, after deducting from the payment found to be due, the amount paid based upon estimate of gross receipts, provided that, if the applicant has been in business for less than one year, the amount of his renewal license tax based on gross receipts shall be determined in the same manner as provided in this section 18-42.
(Code 1965, § 6111; Ord. No. 836)
(c) Failure to pay the required license tax or to furnish statements as herein required shall be sufficient grounds for the collector to refuse issuance of a license for the same or any other business.
(Code 1965, § 6111; Ord. No. 836)
Sec. 18-43. Application for renewal license.
In all cases for the renewal of a license, the applicant shall submit to the collector a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the collector to enable him to ascertain the amount of the license tax to be paid by said applicant. Where the business license tax is based on gross receipts, the amount to be paid shall encompass applicant's gross receipts from said business for the calendar year next preceding the date of his renewal application.
(Code 1965, § 6112; Ord. No. 836)
Sec. 18-44. Verification of statements and records.
(a) No statements 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 of the several items therein contained shall be subject to audit and verification by the collector, his deputies, or authorized employees of the city, who are hereby authorized to examine, audit, and inspect such book 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.
(Code 1965, § 6113; Ord. No. 836)
(b) All persons subject to the provisions of this article shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least three years. Refusal to allow authorized representatives of the collector to examine required records at reasonable times and places shall be sufficient grounds to refuse issuance of a license as herein provided.
(Code 1965, § 6113; Ord. No. 836)
Sec. 18-45. Confidentiality of information.
It shall be unlawful for the collector or any person having an administrative duty under the provisions of this article to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a license or pay a license tax, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person. Provided that nothing in this section shall be construed to prevent:
(Code 1965, § 6114; Ord. No. 836)
(1) The disclosure to, or the examination of records and equipment by, another city official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this article or collecting taxes imposed hereunder;
(Code 1965, § 6114; Ord. No. 836)
(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;
(Code 1965, § 6114; Ord. No. 836)
(3) The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the city;
(Code 1965, § 6114; Ord. No. 836)
(4) The disclosure, after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this paragraph when in his opinion the public interest would suffer thereby;
(Code 1965, § 6114; Ord. No. 836)
(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;
(Code 1965, § 6114; Ord. No. 836)
(6) The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the city for license taxes, or when acting upon any other matter;
(Code 1965, § 6114; Ord. No. 836)
(7) The disclosure of general statistics regarding taxes collected or business done in the city;
(Code 1965, § 6114; Ord. No. 836)
(8) Any other disclosure required by law.
(Code 1965, § 6114; Ord. No. 836)
Sec. 18-46. Failure to file statement or corrected statement.
(a) If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector he fails to file a corrected statement, or if any person subject to the tax imposed by this article fails to apply for a license, the collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain.
(Code 1965, § 6115; Ord. No. 836)
(b) If the collector is not satisfied with the information supplied in statements or applications filed, he may determine the amount of any license tax due by means of any information he may be able to obtain.
(Code 1965, § 6115; Ord. No. 836)
(c) If such a determination is made, the collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Concord, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within 15 days after the mailing or serving of such notice, make application, in writing, to the collector for a hearing on the amount of the license tax. If such application is made, the collector shall, within 15 days, cause the matter to be set for hearing before the City Council. The collector shall give at least ten days' notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The Council shall consider all evidence produced and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment.
(Code 1965, § 6115; Ord. No. 836)
Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the City Council in accordance with section 2-53 of this Code.
(Code 1965, § 6116; Ord. No. 836)
Sec. 18-48. Authority of collector to extend time for filing.
In addition to all other authority conferred upon him, the collector may, for good cause shown, extend the time for filing any required sworn statement or application for a period not exceeding 30 days and in such case to waive any penalty that would otherwise have accrued, except that seven percent simple interest shall be added to any tax determined to be due and payable.
(Code 1965, § 6117; Ord. No. 836)
Sec. 18-49. Transfer of license: change of location or ownership of business.
(a) Except as otherwise provided herein, no license issued pursuant to this article shall be transferable from person to person; provided that, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee of $5.00, have the license amended to authorize the transacting and carrying on of such business under said license at some other location of the licensee's business. Provided further that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships, or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity.
(Code 1965, § 6118; Ord. No. 836; Ord. No. 1135)
(b) Any business license issued pursuant to this article is transferable to a new owner(s) provided the following remain identical after the transfer:
(Code 1965, § 6118; Ord. No. 1135)
(1) Name of business;
(Code 1965, § 6118; Ord. No. 1135)
(2) The business location; and
(Code 1965, § 6118; Ord. No. 1135)
(3) The nature of the business conducted.
(Code 1965, § 6118; Ord. No. 1135)
(c) A business license transfer fee in the amount of $12.00 shall be paid before any business license can be transferred in accordance with this section.
(Code 1965, § 6118; Ord. No. 1135)
(d) In addition, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee of $5.00, have the license amended to authorize the transacting and carrying on of such business under said license at some other location of licensee's business.
(Code 1965, § 6118; Ord. No. 1135)
Sec. 18-50. Duplicate license.
It shall be the responsibility of the business to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing a statement of such fact with the collector and at the time of filing such statement paying to the collector a duplicate license fee of $5.00.
(Code 1965, § 6119; Ord. No. 836; Ord. No. 1135)
Sec. 18-51. Posting and keeping licenses.
(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.
(Code 1965, § 6120; Ord. No. 836)
(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 the business for which it is issued.
(Code 1965, § 6120; Ord. No. 836)
(c) Whenever identifying stickers, tags, plates, or symbols have been issued for a vehicle, device, machine, or other piece of equipment included in the measure of a license tax, the person to whom issued shall keep them firmly affixed upon such equipment at such locations as are designated by the collector. Such sticker, tag, plate, or symbol shall not be removed during the period for which it is issued.
(Code 1965, § 6120; Ord. No. 836)
(d) No person shall give away, sell, or transfer such identifying sticker, tag, plate, or symbol to another person or to permit its use by another person.
(Code 1965, § 6120; Ord. No. 836)
Sec. 18-52. Due date for payment of tax.
(a) Unless otherwise specifically provided herein, all annual license taxes payable hereunder shall be due on January 1 and payable no later than January 31 of each year. License taxes covering new businesses commenced after January 1 shall be assessed an annual license tax commencing from the date the license is issued. For the purpose of determining the date of renewal, the business license tax shall be applied at the start of the next succeeding month of the renewal year. Said month shall be the annual renewal date each year thereafter. For example, for a business enterprise commencing business as of January 15, the renewal date will be February 1 of the next year.
(Code 1965, § 6121; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
(b) Except as otherwise herein provided, license taxes, other than annual, required hereunder, shall be due and payable as follows:
(Code 1965, § 6121; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
(1) Daily flat rate license tax paid prior to beginning work;
(Code 1965, § 6121; Ord. No. 1135; Ord. No. 98-1)
(2) Other flat rate license taxes are payable prior to beginning work for the applicable period; and
(Code 1965, § 6121; Ord. No. 1135; Ord. No. 98-1)
(3) Contractors not having a permanent Concord location may pay the license tax on an annual basis or for a six-month period beginning on the day when the license is issued. Such contractors shall be eligible for renewal for an additional six-month period upon paying the applicable tax as provided in this article.
(Code 1965, § 6121; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
Sec. 18-53. Delinquent taxes; penalty for late payment.
(a) All licenses, unless otherwise specifically provided in section 18-52, are issued on a calendar-year basis and expire the last day of the calendar year (December 31) to which they apply. Payment for renewal of an expired calendar-year license is due no later than January 1.
(Code 1965, § 6122; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1; Ord. No. 98-1)
(b) For those licenses which are issued on an annual basis after January 1 of a given year, payment shall be due no later than the first day of the month following the month in which the license was first issued. For example, if a new business enterprise was issued a business license on January 15, the license would expire on January 31 of the following year. The payment due on the renewal date would be February 1 of that year and each year thereafter.
(Code 1965, § 6122; Ord. No. 98-1)
(c) A penalty of 20 percent will be added to any license fee that is not paid by the last day of the month in which it came due. An additional 20 percent will be added on the last day of each additional month the fee remains unpaid, but in no case will the penalty exceed 50 percent of the amount of the license tax due.
(Code 1965, § 6122; Ord. No. 89-1; Ord. No. 98-1)
(d) Where the final due date for a license falls on a weekend or a holiday, the non-penalty period may be extended to include the next city working day. For payment sent through the mail, a postmark on the working day is sufficient to avoid the penalty.
(Code 1965, § 6122; Ord. No. 1135; Ord. No. 89-1; Ord. No. 98-1)
(e) Upon documented evidence of an existing hardship that caused delay in payment of the license tax fee, and where there is a previous history of prompt payment, the collector may waive all penalties that would otherwise have accrued as a result of a failure to pay a license tax when due. In such cases, seven percent simple interest shall be added to any tax determined to be due and payable calculated from the day the penalty would have been assessed until the date of actual payment of the license tax.
(Code 1965, § 6122; Ord. No. 89-1; Ord. No. 98-1)
Sec. 18-54. License tax a debt.
The license tax and penalty is a debt to the city. The city may bring an action to collect the debt.
(Code 1965, § 6123; Ord. No. 836)
Sec. 18-55. Refunds of overpayment of tax.
No refund of an overpayment of taxes imposed by this article shall be allowed in whole or in part unless a claim for refund is filed with the collector within a period of one year from the last day of the calendar month following the period for which the overpayment was made, and all such claims for refund of the amount of the overpayment must be filed with the collector, on forms furnished by him, and in the manner prescribed by him. Upon the filing of such a claim and when he determines that an overpayment has been made, the collector may refund the amount overpaid.
(Code 1965, § 6124; Ord. No. 836; Ord. No. 03-5)
Sec. 18-56. Gross receipts tax schedule.
Unless otherwise provided under this section, every person who engages in business at a fixed place of business within the city shall pay a license tax based upon gross receipts at the following rates:
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135)
GROSS RECEIPTS SCHEDULE
(1) Computation methods. The sum of the tax computed as follows:
TABLE INSET:
| Gross Receipts (in dollars) | Tax (mil per dollar) | First 0 to 25,000 | at | 1.00 | Next 25,000 to 75,000 | at | 0.90 | Next 75,000 to 150,000 | at | 0.85 | Next 150,000 to 250,000 | at | 0.80 | Next 250,000 to 500,000 | at | 0.75 | Next 500,000 to 1,000,000 | at | 0.70 | Next 1,000,000 to 2,500,000 | at | 0.65 | Next 2,500,000 to 5,000,000 | at | 0.60 | Next 5,000,000 to 7,500,000 | at | 0.50 | Over 7,500,000 | at | 0.30 |
|---|
Minimum tax under gross receipts schedule: $25.00.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135)
(2) Retail/wholesale. Same as gross receipts schedule above.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135)
(3) Manufacturing. The sum of the following:
$11.35 per employee for the first 10.
$113.50 per employee for the next 20, plus $8.83 each over 10.
$290.10 per employee to next 20, plus $6.28 each over 30.
$415.70 per employee to next 50, plus $5.02 each over 50.
$666.70 per employee thereafter, plus $3.77 each over 100.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135; Ord. No. 89-1)
(4) Professions and trades. $126.46, plus $94.84 for each associate and $18.95 for each employee. The annual business license fees provided under this part apply to the following professions and trades, or for any other professional or trade person not listed:
Accountant.
Auditor.
Appraiser.
Architect.
Artist.
Assayer.
Attorney.
Attorney, patent.
Advertising counsel.
Bacteriologist.
Blueprinter.
Chemist.
Certified public accountant.
Chiropodist.
Chiropractor.
Collection agency.
Credit reporting bureau.
Civil engineer.
Electrical, mining, construction, structural, consulting, mechanical, and hydraulic engineers.
Dentist.
Designer or decorator.
Draftsman.
Drugless practitioner.
Electrologist.
Engraver.
Feed, grain, and fruit broker.
Geologist.
Illustrator or show card writer.
Insurance or claims adjuster.
Landscape gardener or architect.
Lapidary.
Lithographer.
Masseuse.
Money lender or broker or selling obligations.
Mercantile agency.
Oculist.
Optician.
Optometrist.
Osteopath.
Physician.
Real estate broker.
Sign painter.
Surgeon.
Surveyor.
Taxidermist.
Veterinarian.
X-ray laboratory.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
(5) Apartments, hotels, and motels. A four-unit minimum rate of $31.59; five units and above taxable at $6.28 per unit.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
(6) Businesses without a fixed place of business within the city and public utilities. The sum of the following:
$11.35 per employee for the first 10.
$113.50 per employee for the next 20, plus $8.83 each over 10.
$290.10 per employee to next 20, plus $6.28 each over 30.
$415.70 per employee to next 50, plus $5.02 each over 50.
$666.70 per employee thereafter, plus $3.77 each over 100.
Minimum fee: $37.92.
Every person who engages in a business that is not a fixed place of business within the city as provided under section 18-56 herein shall be grouped and included under this part for purposes of determining the business license tax due.
Any public utility possessing a franchise granted by the city and making an annual payment under said franchise shall be entitled to a credit in the amount of such payment against the business license tax payable herein and the minimum fee shall be waived.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135; Ord. No. 89-1; Ord. No. 94-5)
(7) Contractors.
Less than $204,000.00 gross in city for previous year: $88.52 per year or $63.23 per half year, expiring June 30 and December 31.
Over $204,000.00 gross in city for previous year: use gross receipts schedule.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
(8) Amusement. Gross receipts schedule above, except as noted below:
TABLE INSET:
| Billiard and pool rooms | $37.92 for first table $18.95 for each additional table | Bowling alleys | $25.28 per alley | Circus | $252.92 per day | Carnivals | $252.92 per day | Boxing and wrestling exhibitions | Less than 500 seats: $63.23 Over 500 seats: $126.46 | Nightclubs | $126.46 per year | Dancehall | $126.46 per year |
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
Sec. 18-57. Flat rate tax schedule.
Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as follows:
TABLE INSET:
| Auctioneers | $100.00 | Fire sales | $100.00 per day | Itinerant merchant or trader | $50.00 per day; $200.00 per quarter | Vendor | $100.00 per year or $10.00 per day | Solicitors | $50.00 per year or $5.00 per day | Book agents | $50.00 per year or $10.00 per day |
(Code 1965, § 6126; Ord. No. 836; Ord. No. 85-30)
Sec. 18-58. Reduction of tax for carnivals and similar shows; tax on craft fairs and flea markets.
(a) Definitions.
Carnival. Includes circuses, fairs, tent shows, exhibits, games of skill, rides, and devices.
(Code 1965, § 6127; Ord. No. 836)
Professional carnival operator. Any person, partnership, corporation, or firm whose business is the carrying on of a carnival.
(Code 1965, § 6127; Ord. No. 836)
(b) Reduction of fee. Upon written application, the City Manager may reduce the business license fee for a carnival which is conducted by a professional carnival operator to $152.92 per day upon presentation to the City Manager of proof satisfactory to him that:
(Code 1965, § 6127; Ord. No. 836; Ord. No. 89-1)
(1) Such carnival is an incidental part of an overall business promotion activity conducted by an organized group of merchants licensed to do business within the city; or
(Code 1965, § 6127; Ord. No. 836)
(2) Such activity is sponsored by a tax-exempt, religious, charitable, fraternal, veterans, or educational organization or association, or a school student body group for purposes of raising funds for such organization, association, or group; and if the proceeds received by the sponsoring tax-exempt organization, association, or group are used entirely for the purposes and objectives for which such organization, association, or group was formed.
(Code 1965, § 6127; Ord. No. 836)
The application for a reduced license fee shall be accompanied by a confirmed copy of the agreement or contract between the carnival operator and the sponsoring organization, showing the agreement of the parties thereto regarding division of the proceeds to be derived from operation of the amusement activity. The City Manager may consider said agreement or contract in determining whether the license fee for the amusement activity may be reduced.
(Code 1965, § 6127; Ord. No. 836)
(c) Waiver of fee. Upon written application, the City Manager may waive the business license fee for an amusement activity which is sponsored or conducted by a tax-exempt, religious, charitable, fraternal, veterans, or education organization or association, or by a student body group if the organization, association, or group does not employ the services of a professional carnival operator to conduct the amusement activity.
(Code 1965, § 6127; Ord. No. 836)
(d) Appeal.
(1) Any person aggrieved by the action of the City Manager in approving or denying an application for a reduction or an exemption from the business license fee to be imposed under this section may appeal to the City Council in accordance with section 2-53 of this Code.
(Code 1965, § 6127; Ord. No. 845)
(2) Said appeal shall be by written notice directed to the City Clerk within ten days of the action from which the appeal is taken. The City Clerk shall set a hearing on the appeal within 15 days and, at least five days prior to hearing, mail notice of hearing to the appellant. The City Council may continue the hearing as convenience and justice dictate and may affirm, modify, or rescind the action of the City Manager.
(Code 1965, § 6127; Ord. No. 836)
(e) Craft fairs/flea markets. The business license fee applicable to the business of a flea market, penny market, swap meet or market, art fair, craft fair, and other similar business where persons rent spaces, stalls, or designated places for the purpose of selling, trading, or displaying new and/or used merchandise is $50.00, plus $4.50 for each space or stall. The fee is computed in accordance with the following terms and conditions:
(Code 1965, § 6127; Ord. No. 84-19)
(1) The number of stalls shall be the maximum number occupied, as estimated by the owners/operators;
(Code 1965, § 6127; Ord. No. 84-19)
(2) The number of occupied stalls and the fee paid are subject to audit and fee adjustment, if necessary;
(Code 1965, § 6127; Ord. No. 84-19)
(3) A separate fee is required for each individual market, fair, etc. Notwithstanding the foregoing, only one fee shall be required of markets, fairs, etc., which are held on a recurring basis on private property owned or leased by the operator of the market, fair, etc. The fee for such recurring events shall be payable annually for all occurrences in a calendar year;
(Code 1965, § 6127; Ord. No. 84-19)
(4) Fees are not subject to proration.
(Code 1965, § 6127; Ord. No. 84-19)
Sec. 18-59. Annual tax rate escalation.
All license taxes determined by other than the gross receipts method will be adjusted from year to year to reflect the percent change in the Consumer Price Index as follows: The 1967-69 Consumer Price Index as published by the U.S. Department of Labor, Bureau of Labor Statistics, for San Francisco for the quarter ending September 30, 1978, shall be used as the base year. Each year the rate of change expressed as a percentage will be determined from the next preceding 12 months beginning September 1. This percentage shall be applied to the business license taxes commencing on January 1 of the following year.
(Code 1965, § 6128; Ord. No. 1135; Ord. No. 98-1)
Sec. 18-60. Authority to make additional rules and regulations.
The collector may make rules and regulations not inconsistent with the provisions of this article as may be necessary or desirable to aid in carrying out the provisions of this article.
(Code 1965, § 6130; Ord. No. 836; Ord. No. 1135)
(a) It shall be the duty of the collector and the city's Business License and Permit Agent, and they are hereby authorized and directed, to enforce each and all of the provisions of this article, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required herein. The collector and the city's Business License and Permit Agent are hereby authorized to issue infraction citations for any violations of the provisions of this article.
(Code 1965, § 6131; Ord. No. 836; Ord. No. 936; Ord. No. 1135)
(b) The collector, in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this article have been complied with.
(Code 1965, § 6131; Ord. No. 836; Ord. No. 1135)
(c) Any person licensed as herein provided and having such license in his possession or under his control, who willfully fails to exhibit the same on demand, shall be guilty of an infraction and subject to the penalties as in this Code are provided.
(Code 1965, § 6131; Ord. No. 836; Ord. No. 1135)
Sec. 18-62. Remedies cumulative.
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.
(Code 1965, § 6132; Ord. No. 836; Ord. No. 1135)
Sec. 18-63. Penalty for violations.
Any person violating any of the provisions of this article or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit herein provided for shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable as provided in section 1-22 of this Code.
(Code 1965, § 6133; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
It is intended by this article that the city is not increasing the business license tax but is only changing the timing in which such tax is paid and, therefore, need not be submitted to the electorate and approved by a majority vote. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. Furthermore, if it is determined by a court of competent jurisdiction that the amendment to this article constitutes an increase in the business tax requiring it to be submitted to the electorate and approved by majority vote, the original provisions of this article shall remain in full force and effect.
(Code 1965, § 6134; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
Sec. 18-65. Effective date of tax.
The annual license taxes imposed hereunder shall be effective January 1, 1971, and year to year thereafter until further amendment of this article.
(Code 1965, § 6135; Ord. No. 836; Ord. No. 1135)
Secs. 18-66--18-90. Reserved.
ARTICLE III. ALARMS, ALARM COMPANIES, AND ALARM SYSTEMS
The following definitions shall apply to this article:
(Code 1965, § 6400; Ord. No. 86-9)
Alarm agent. An employee, licensed by the state and employed by, or acting in behalf of, an alarm company.
(Code 1965, § 6400; Ord. No. 86-9)
Alarm company. A business, licensed by the state, which sells and installs or repairs alarm systems and components.
(Code 1965, § 6400; Ord. No. 86-9)
Alarm system. A functionally related group of electrical or mechanical components that serve to detect, warn, or alert by means of sound or signal.
(Code 1965, § 6400; Ord. No. 86-9)
Burglary alarm system. An alarm system designed to detect and alert an unauthorized entry into a premises.
(Code 1965, § 6400; Ord. No. 86-9)
False alarm. An activation of an alarm system which is designed to detect and/or report a particular type of event when in fact that particular type of event has not occurred nor is there evidence that it occurred.
(Code 1965, § 6400; Ord. No. 86-9)
Monitored alarm system. An alarm system which signals a monitoring agency of a detection or warning.
(Code 1965, § 6400; Ord. No. 86-9)
Robbery alarm system. An alarm system designed to alert persons, or agencies, or law enforcement, etc., a theft is being accomplished by force or threat.
(Code 1965, § 6400; Ord. No. 86-9)
Cross references: Definitions generally, § 1-10.
Sec. 18-92. Alarm company requirements.
(a) Each alarm company conducting business within the city limits shall file a copy of its California consumer affairs alarm operator's license with the city Police Department.
(Code 1965, § 6401; Ord. No. 86-9)
(b) Each alarm company conducting business in the city shall possess a current city business license as required by this Code.
(Code 1965, § 6401; Ord. No. 86-9)
(c) All alarm agents shall possess a valid California consumer affairs alarm agent registration card while performing any alarm work in the city. The registration card shall be displayed upon demand to any city employee, representative, or person being served or solicited.
(Code 1965, § 6401; Ord. No. 86-9)
(d) Each alarm company conducting business in the city shall provide, to the city Police Department Administrative Services Division, a unique five-character identification number for each of its Concord subscribers using a monitored alarm system.
(Code 1965, § 6401; Ord. No. 86-9)
Sec. 18-93. Alarm use permit required; issuance.
(a) Permit required; exemptions.
(1) No person shall install or use an alarm system on any premises within the city limits until he has obtained an alarm use permit from the city Police Department.
(Code 1965, § 6402; Ord. No. 86-9)
(2) Alarm systems which are not designed to summon public and/or city Police Department attention, but which are privately monitored and responded to, are exempt from this requirement.
(Code 1965, § 6402; Ord. No. 86-9)
(b) Application. Applicants for an alarm use permit shall provide the following information on a form provided by the city Police Department:
(Code 1965, § 6402; Ord. No. 86-9)
(1) The name, address, and telephone number of the applicant;
(Code 1965, § 6402; Ord. No. 86-9)
(2) The location (address and business name, if applicable) at which the alarm system is to be installed/used;
(Code 1965, § 6402; Ord. No. 86-9)
(3) If applicable, the name, address, and telephone number of the alarm company installing the alarm system;
(Code 1965, § 6402; Ord. No. 86-9)
(4) A description of the type of alarm system intended for installation/use; and
(Code 1965, § 6402; Ord. No. 86-9)
(5) The name and telephone number of at least two emergency response contacts capable of responding within 30 minutes to the alarm location if requested. The alarm use permittee shall contact the city Police Department Administrative Services Division to update information concerning emergency response contacts by the next normal business day.
(Code 1965, § 6402; Ord. No. 86-9)
(c) Issuance or denial. Upon receipt of application for an alarm use permit, the city Police Department shall issue a permit for the designated premises, unless the city Police Department finds that good cause exists to deny that permit. Good cause to deny the permit shall include:
(Code 1965, § 6402; Ord. No. 86-9)
(1) Installation and use of alarm systems which are impermissible as defined in section 18-97 of this article; and
(Code 1965, § 6402; Ord. No. 86-9)
(2) Failure of the applicant to pay the alarm permit fee described below.
(Code 1965, § 6402; Ord. No. 86-9)
(d) Notice of denial. In the event an alarm use permit is denied, the Commander of the city Police Department Administrative Services Division, or his designee, shall set forth the justification in writing.
(Code 1965, § 6402; Ord. No. 86-9)
(e) Fee. The alarm use permittee shall pay an alarm use permit issuance fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 6402; Ord. No. 86-9)
Sec. 18-94. Revocation and reissuance of alarm use permit.
(a) If good cause exists, an alarm use permit may be revoked. Good cause for revocation shall include, but not be limited to:
(Code 1965, § 6403; Ord. No. 86-9)
(1) Failure to take corrective measures to prevent false alarms in excess of ten in any 30-consecutive-day period, or in excess of 20 in any 180-consecutive-day period; or
(Code 1965, § 6403; Ord. No. 86-9)
(2) Failure to pay service charges resulting from excessive false alarms as authorized by section 18-95 of this article.
(Code 1965, § 6403; Ord. No. 86-9)
(b) Notice of alarm use permit revocation shall be made by the Administrative Services Division of the city Police Department to the permittee by certified mail.
(Code 1965, § 6403; Ord. No. 86-9)
(c) Use of an alarm system after permit revocation notification has been issued is unlawful and may result in a fine of up to $500.00 for each documented occurrence.
(Code 1965, § 6403; Ord. No. 86-9)
(d) Revoked permits may be reissued by the Police Department if the former permittee can show that action has been taken to correct the cause or causes which resulted in the revocation of the original alarm use permit. Reissuance of an alarm use permit shall be accomplished by the same procedure detailed in section 18-93 of this article.
(Code 1965, § 6403; Ord. No. 86-9)
Sec. 18-95. False alarm service charges.
(a) Applicability. A service charge shall be imposed on any city alarm system permittee for each false alarm response made by the city Police Department in excess of three responses in any 60-consecutive-day period, or in excess of eight responses in any 360-consecutive-day period.
(Code 1965, § 6404; Ord. No. 86-9)
(1) Multiple false alarms occurring in any 24-hour period shall be charged as one, to furnish time for corrective action by the permittee.
(Code 1965, § 6404; Ord. No. 86-9)
(2) A false alarm shall not be charged against a permittee if it can be determined that the alarm was activated by a telephone line problem or a utility power outage lasting more than four hours.
(Code 1965, § 6404; Ord. No. 86-9)
(b) Amount. Service charges authorized in subsection (a) of this section will be set in an accelerating scale determined by the frequency of false alarms after the authorized false alarm standard is met, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 6404; Ord. No. 86-9)
(c) Billing and collection.
(1) The city Police Department shall advise the city Finance Department of all applicable charges.
(Code 1965, § 6404; Ord. No. 86-9)
(2) The charges shall be billed to the responsible city alarm use permittee by the Finance Department and shall be due within 15 days of the billing date.
(Code 1965, § 6404; Ord. No. 86-9)
Sec. 18-96. Backup power supply for alarm systems.
(a) All alarm systems shall be supplied with an uninterruptable power supply in a manner that failure or interruption of normal electrical service shall not activate the alarm system.
(Code 1965, § 6405; Ord. No. 86-9)
(b) The backup power supply shall be capable of at least four hours of operation.
(Code 1965, § 6405; Ord. No. 86-9)
(c) All alarm systems installed prior to the enactment of this section shall be required to comply with this section within six months of the date this section becomes effective.
(Code 1965, § 6405; Ord. No. 86-9)
Sec. 18-97. Prohibited systems and uses.
(a) No person shall use or operate, cause to be used or operated, arrange, adjust, program, or otherwise provide for, or install, any device or combination of devices that will, upon activation, either mechanically, electrically, or automatically, or by other means, initiate the intrastate calling, dialing, or connection to any police number, line, or instrument assigned to the city Police Department.
(Code 1965, § 6406; Ord. No. 86-9)
(b) No person shall operate or use any alarm system that emits a sound similar to that of an emergency vehicle, siren, or civil defense warning system.
(Code 1965, § 6406; Ord. No. 86-9)
(c) No person shall use or operate any alarm system that emits an exterior audible sound when such emission does not automatically cease within 15 minutes.
(Code 1965, § 6406; Ord. No. 86-9)
(d) No person shall operate or use a burglary alarm system for any other purpose than detecting and reporting an unauthorized entry upon the property protected by the system, or operate or use a robbery alarm for any other purpose than reporting a robbery.
(Code 1965, § 6406; Ord. No. 86-9)
(a) Any person: (1) who is denied an alarm use permit; or (2) whose alarm use permit has been revoked; or (3) denied an alarm use permit reissuance; or (4) who has received an alarm service charge assessment may appeal the action, in writing, to the Chief of Police.
(Code 1965, § 6407; Ord. No. 86-9)
(b) Within five days of receipt of an appeal, the Chief of Police shall render a written decision on the appeal. If the appeal is denied, such decision shall be effective immediately upon service to the applicant/permittee or shall be effective 96 hours after being deposited in the course of transmission with the United States Postal Service.
(Code 1965, § 6407; Ord. No. 86-9)
(c) If the permittee or applicant is dissatisfied with the action of the Chief of Police, such applicant or permittee may appeal such action to the City Council pursuant to section 2-52 of this Code.
(Code 1965, § 6407; Ord. No. 86-9)
Sec. 18-99. Liability limitation.
The city shall be under no duty or obligation to alarm use permittees or any other persons by reason of any provision of this article. This includes, but is not limited to, any defects in police alarm boards, or delays in transmissions, and/or responses to an alarm call.
(Code 1965, § 6408; Ord. No. 86-9)
Violations of this article, unless specifically identified herein, are deemed misdemeanors and may be punishable in accordance with section 1-23 of this Code.
(Code 1965, § 6409; Ord. No. 86-9; Ord. No. 94-5)
Secs. 18-101--18-120. Reserved.
ARTICLE IV. ESCORT BUREAUS AND INTRODUCTORY SERVICES
The City Council finds that there may be an increasing number of requests for the operation of escort bureaus and/or introduction services in the city and finds that, if not regulated and controlled by reasonable licensing procedures, escort bureaus and introduction services may: (1) be owned, operated, and maintained by persons who are not of good moral character and reputation; (2) increase in number and downgrade a neighborhood; and (3) operate in a manner contrary to the best interests of the public health, safety, and welfare by providing escorts who engage in sexual misconduct or have communicable diseases.
(Code 1965, § 6900; Ord. No. 83-20)
As used in this article:
Escort. Any person who, for pecuniary compensation:
(Code 1965, § 6901; Ord. No. 83-20)
(1) Escorts, accompanies, or consorts with other persons to, from, or about social affairs, entertainments, places of public assembly, or places of amusement located or situated within the city; or
(Code 1965, § 6901; Ord. No. 83-20)
(2) Escorts, accompanies, or consorts with other persons in or about any place of public or private resort or within any private quarters located or situated within the city; or
(Code 1965, § 6901; Ord. No. 83-20)
(3) Escorts, accompanies, or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the city.
(Code 1965, § 6901; Ord. No. 83-20)
Escort bureau. Any business, agency, or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts.
(Code 1965, § 6901; Ord. No. 83-20)
Introductory service. A service offered or performed by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.
(Code 1965, § 6901; Ord. No. 83-20)
Pecuniary compensation. Any commission, fee, gratuity, hire, profit, reward, or any other form of consideration.
(Code 1965, § 6901; Ord. No. 83-20)
Person. Any natural person, firm, partnership, corporation, or association.
(Code 1965, § 6901; Ord. No. 83-20)
Profit interest. Any interest or share in the present or prospective profit of an escort bureau or introductory service.
(Code 1965, § 6901; Ord. No. 83-20)
Cross references: Definitions generally, § 1-10.
Sec. 18-123. Escort bureau or introductory service permit.
(a) Required. It shall be unlawful for any person to engage in, conduct, or carry on, in, or upon any premises or real property located or situated within the city, the activities of an escort bureau or introductory service, unless there has been granted to such person a valid permit, pursuant to the provisions of this article. A separate permit shall be required for each location within the city at which an escort bureau or introductory service is to be established.
(Code 1965, § 6902; Ord. No. 83-20)
(b) Term. The term of an escort bureau or introductory service permit, unless sooner suspended or revoked, shall be for a period of one year.
(Code 1965, § 6902; Ord. No. 83-20)
(c) Renewal. An escort bureau or introductory service permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of not to exceed one year, on written application to the Chief of Police made at least 90 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by subsection (e) of this section and shall be processed in accordance with the provisions of this article.
(Code 1965, § 6902; Ord. No. 83-20)
(d) Exception. The requirements of this article shall have no application, and no effect upon, and shall not be construed as applying to a person in the lawful business of an employment agency licensed under the laws of the state.
(Code 1965, § 6902; Ord. No. 83-20)
(e) Application.
(1) Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau or an introduction service shall make application to the Chief of Police, or his designated representative. Prior to submitting such application for a permit, or renewal of a permit, a nonrefundable fee, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, shall be paid to the Department of Finance to defray, in part, the cost of the investigation and report required by this article. The Department of Finance shall issue a receipt showing that such application, or renewal fee, has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is filed. Permit issuance or renewal fees required under this article shall be in addition to any license, permit, or fee required under any other chapter or article of this Code.
(Code 1965, § 6902; Ord. No. 83-20)
(2) Neither the filing of an application for a permit, nor renewal thereof, nor payment of an application or renewal fee, shall authorize the conducting of an escort bureau or introductory service until such permit has been granted or renewed.
(Code 1965, § 6902; Ord. No. 83-20)
(3) Each applicant for an escort bureau or introduction service permit, or renewal thereof, shall furnish the following information:
(Code 1965, § 6902; Ord. No. 83-20)
a. The present or proposed address where the business is to be conducted;
(Code 1965, § 6902; Ord. No. 83-20)
b. The full true name under which the business will be conducted;
(Code 1965, § 6902; Ord. No. 83-20)
c. The full true name and any other names used by the applicant;
(Code 1965, § 6902; Ord. No. 83-20)
d. The present residence and business addresses and telephone numbers of the applicant;
(Code 1965, § 6902; Ord. No. 83-20)
e. Each residence and business address of the applicant for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each such address;
(Code 1965, § 6902; Ord. No. 83-20)
f. California driver's license or identification number and social security number of the applicant;
(Code 1965, § 6902; Ord. No. 83-20)
g. Acceptable written proof that the applicant is at least 18 years of age;
(Code 1965, § 6902; Ord. No. 83-20)
h. The applicant's height, weight, color of eyes and hair, and date of birth;
(Code 1965, § 6902; Ord. No. 83-20)
i. Two photographs of the applicant, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the filing of the application;
(Code 1965, § 6902; Ord. No. 83-20)
j. The business, occupation, or employment history of the applicant for the three-year period immediately preceding the date of the filing of the application;
(Code 1965, § 6902; Ord. No. 83-20)
k. The permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state, or territory, has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason or reasons therefor;
(Code 1965, § 6902; Ord. No. 83-20)
l. All criminal convictions suffered by the applicant, including ordinance violations but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature, and sentence of each such conviction;
(Code 1965, § 6902; Ord. No. 83-20)
m. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, residence addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the names, residence addresses, and dates of birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall also furnish a copy of the certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this article, but only one application fee shall be charged;
(Code 1965, § 6902; Ord. No. 83-20)
n. In the event the applicant is not the owner of record of the real property upon which the escort bureau or introduction service is or will be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that an escort bureau or introduction service is, or will be, located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the escort bureau or introduction service is or will be located;
(Code 1965, § 6902; Ord. No. 83-20)
o. A description of the service to be provided;
(Code 1965, § 6902; Ord. No. 83-20)
p. The true names and residential addresses of all persons employed or intended to be employed as escorts;
(Code 1965, § 6902; Ord. No. 83-20)
q. Such other identification and/or information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application.
(Code 1965, § 6902; Ord. No. 83-20)
(4) The applicant, if a natural person, or a designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the Police Department of the city and produce proof that the required application or renewal fee has been paid and shall present the application containing the information and supporting documentation required by subsection (e)(3) of this section.
(Code 1965, § 6902; Ord. No. 83-20)
(5) The Chief of Police may require the applicant, if a natural person, or the designated responsible managing officer, if the applicant is a partnership or corporation, to appear in person at the Police Department in order to be photographed and fingerprinted.
(Code 1965, § 6902; Ord. No. 83-20)
(6) When any change occurs regarding the written information required by subsection (e)(3) of this section, to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the Chief of Police within 24 hours after such change.
(Code 1965, § 6902; Ord. No. 83-20)
(7) The Chief of Police shall have a reasonable period of time in which to investigate the application and background of the applicant. The Chief of Police, or his representative, shall, within 60 days after the date of the filing of the application, render a written recommendation to the City Manager as to approval or denial of the application for the permit, or renewal thereof.
(Code 1965, § 6902; Ord. No. 83-20)
(f) Grounds for approval and denial.
(1) The City Manager, within 30 days after receiving the application and aforementioned recommendation from the Chief of Police, shall grant the permit, or renewal thereof, only if he finds that all of the following requirements have been met:
(Code 1965, § 6902; Ord. No. 83-20)
a. The required fees have been paid;
(Code 1965, § 6902; Ord. No. 83-20)
b. The application conforms, in all respects, to the provisions of this article;
(Code 1965, § 6902; Ord. No. 83-20)
c. The applicant has not knowingly made a material misrepresentation of fact in the application;
(Code 1965, § 6902; Ord. No. 83-20)
d. The applicant has fully cooperated in the investigation of the application;
(Code 1965, § 6902; Ord. No. 83-20)
e. The applicant, if an individual; or any of the directors, officers, or stockholders holding more than five percent of the stock of the corporation; or any of the partners, including limited partners; the holder of any lien of any nature or profit interest holder, manager, or other person principally in charge of the operation of the existing or proposed escort bureau or introduction service; or a natural person employed or contracted with to be an escort or to provide escort services has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct, including, but not limited to, all offenses listed in Penal Code § 290, Penal Code §§ 311.2--311.7, Penal Code §§ 314--318, and subsection (a), (b), (c), (d), or (h) of Penal Code § 647, or any offenses involving pimping, pandering, prostitution, or lewd conduct; or has permitted, through an act of omission or commission, his employee or agent to engage in any type of moral turpitude or sexual misconduct offense, whether misdemeanor or felony. (Under such circumstances, the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal and shall be grounds for permit denial);
(Code 1965, § 6902; Ord. No. 83-20)
f. The applicant has not had an escort bureau, introduction service, or escort permit, or other similar license or permit, denied, suspended, or revoked for cause by the City of Concord or any other city or county located in or out of this state within the five-year period immediately preceding the date of the filing of the application;
(Code 1965, § 6902; Ord. No. 83-20)
g. The escort bureau or introduction service, as proposed by the applicant, would comply with all applicable city, county, and state laws, including but not limited to health, zoning, fire, and safety requirements and standards; and
(Code 1965, § 6902; Ord. No. 83-20)
h. The applicant, manager, or other person principally in charge of the operation of the business is at least 18 years of age.
(Code 1965, § 6902; Ord. No. 83-20)
(2) If the City Manager does not find that all of the requirements set forth in subsections (f)(1)a through h of this section have been met, he shall deny application for the permit, or renewal thereof. In the event the application for the permit, or renewal thereof, is denied, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant, or when deposited in the U.S. mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort bureau or introduction service permit, or renewal thereof, has been denied, may appeal such denial to the City Council, as provided in chapter 2, article II, division 2, of this Code.
(Code 1965, § 6902; Ord. No. 83-20)
(g) Sale or transfer. Upon the sale or transfer of any interest in an escort bureau or introduction service, the permit shall immediately become null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the escort bureau or introduction service. A fee shall be payable for each such application in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Any application involving the sale or other transfer of any interest in an existing escort bureau or introduction service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this article.
(Code 1965, § 6902; Ord. No. 83-20)
(h) Change of location or name of business.
(1) A change of location of any premises or real property where a permitted escort bureau or introduction service is conducted may be approved by the Chief of Police, provided all requirements of this article and all ordinances and regulations of the city are complied with and a change of location fee, as established by resolution of the City Council, is deposited with the Director of Finance. Application for such change shall be made within three days of such change.
(Code 1965, § 6902; Ord. No. 83-20)
(2) No permit holder shall operate an escort bureau or introduction service under any name or designation not specified in the permit.
(Code 1965, § 6902; Ord. No. 83-20)
Sec. 18-124. Age requirement for escorts.
No holder of an escort bureau or introduction service permit shall employ, as an escort, any person under 18 years of age.
(Code 1965, § 6903; Ord. No. 83-20)
(a) Required. It shall be unlawful for any person to act as an escort, unless there has been granted to such person a valid permit, pursuant to the provisions of this article. Such permit shall be issued to the address of the employer of the escort, who must in turn also hold a valid escort bureau or introduction service permit issued by the city, pursuant to the provisions of this article.
(Code 1965, § 6904; Ord. No. 83-20)
(b) Term. The term of an escort permit, unless sooner suspended or revoked, shall be for a period of one year.
(Code 1965, § 6904; Ord. No. 83-20)
(c) Renewal. An escort permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of one year on written application to the Chief of Police made at least 90 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required in subsection (e) of this section and shall be processed in accordance with the provisions of this article.
(Code 1965, § 6904; Ord. No. 83-20)
(d) Identification card. Each escort permit holder shall be issued an identification card which will also serve as an escort permit. The permit holder shall carry such card upon his person when acting as an escort and produce the same for inspection upon request. Each permit holder shall immediately surrender, to the Chief of Police, any escort permit issued by the city upon the suspension, revocation, or expiration of such permit, or upon leaving employment as an escort.
(Code 1965, § 6904; Ord. No. 83-20)
(e) Application.
(1) Any person desiring to obtain a permit, or renewal of an existing permit, to act as an escort, shall make application to the Chief of Police, or his designated representative. Prior to submitting such application for a permit, or renewal of a permit, a nonrefundable fee, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, shall be paid to the Department of Finance to defray, in part, the cost of the investigation and report required by this article. The Department of Finance shall issue a receipt showing that such permit application, or renewal fee, has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is filed. Permit fees required under this article shall be in addition to any license, permit, or fee required under any other chapter or article of this Code.
(Code 1965, § 6904; Ord. No. 83-20)
(2) Neither the filing of an application for a permit, nor renewal thereof, nor the payment of an application or renewal fee shall authorize a person to act as an escort until such permit has been granted or renewed.
(Code 1965, § 6904; Ord. No. 83-20)
(3) Each applicant for an escort permit, or renewal thereof, shall furnish the information required by section 18-123(e)(3)a through l of this article and shall, in addition, furnish the following information:
(Code 1965, § 6904; Ord. No. 83-20)
a. A certificate from a medical doctor licensed to practice in the state, stating that the applicant has, within 30 days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable disease;
(Code 1965, § 6904; Ord. No. 83-20)
b. Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau or introduction service holding a valid permit issued by the city, including the name and address of the employer or prospective employer and the fact that such employment, or continued employment, is contingent upon the issuance of said permit; and
(Code 1965, § 6904; Ord. No. 83-20)
c. Such other identification and information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application.
(Code 1965, § 6904; Ord. No. 83-20)
(4) The Chief of Police may require the applicant to appear in person at the Police Department in order to be photographed and fingerprinted.
(Code 1965, § 6904; Ord. No. 83-20)
(5) The Chief of Police shall have a reasonable period of time in which to investigate the application and background of the applicant. The Chief of Police, or his representative, shall, within 60 days after the date of the filing of the application, render a decision as to approval or denial of the application for the permit or renewal thereof.
(Code 1965, § 6904; Ord. No. 83-20)
(f) Grounds for approval and denial.
(1) The Chief of Police shall grant the permit, or renewal thereof, only if he finds that all of the requirements of section 18-123(f)(1)a through d of this article have been met and, in addition, if he finds that the following additional requirements have been met:
(Code 1965, § 6904; Ord. No. 83-20)
a. The applicant has furnished an acceptable medical certificate in compliance with subsection (e)(3)a of this section;
(Code 1965, § 6904; Ord. No. 83-20)
b. The applicant has not had an escort bureau, introduction service, or escort permit, or other similar license or permit denied, suspended, or revoked for cause by the City of Concord or any other city or county located in or out of this state within the five years immediately preceding the date of the filing of the application;
(Code 1965, § 6904; Ord. No. 83-20)
c. The applicant is at least 18 years of age;
(Code 1965, § 6904; Ord. No. 83-20)
d. The applicant has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct, including, but not limited to, all offenses listed in Penal Code § 290, Penal Code §§ 311.2--311.7, Penal Code §§ 314--318, and subsections (a), (b), (c), (d), or (h) of Penal Code § 647, or any offenses involving pimping, pandering, prostitution, or lewd conduct.
(Code 1965, § 6904; Ord. No. 83-20)
(2) If the Chief of Police does not find that all of the requirements set forth in subsection (f) of this section have been met, he shall deny the application for the permit, or renewal thereof. In the event the application for the permit, or renewal thereof, is denied, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant, or when deposited in the U.S. mail with postage prepaid and addressed to the applicant at his residence address as set forth in the application for the permit, or renewal thereof. Any applicant whose application for an escort permit, or renewal thereof, has been denied may appeal such denial to the City Council, as provided in chapter 2, article II, division 2, of this Code.
(Code 1965, § 6904; Ord. No. 83-20)
(3) Changes. When any change occurs regarding the written information required by subsection (e) of this section, the applicant or permit holder, as the case may be, shall give written notification of such change to the Chief of Police within 24 hours after such change.
(Code 1965, § 6904; Ord. No. 83-20)
Sec. 18-126. Providing services to person under 18 years of age.
No holder of an escort permit shall escort, offer to escort, or perform any activity described in this article to any person under 18 years of age, except at the special instance and request of the parent, guardian, or other person in lawful custody of the person on whose behalf the escort or introduction service is engaged.
(Code 1965, § 6905; Ord. No. 83-20)
Sec. 18-127. Suspension or revocation of permit.
If the Chief of Police finds that any person holding a permit under the provisions of this article has violated any of the provisions of this article or conducts such business in such a manner as would have been grounds for denial of a permit, as set forth above, he may suspend or revoke the permit. No such suspension or revocation shall become effective until the permit holder has been notified, in writing, of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of chapter 2, article II, division 2, of this Code. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit, or renewal thereof. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.
(Code 1965, § 6906; Ord. No. 83-20)
Sec. 18-128. Violations declared nuisance.
Any escort bureau or introductory service operated, conducted, or maintained contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting, or maintaining an escort bureau or introductory service contrary to the provisions of this article.
(Code 1965, § 6907; Ord. No. 83-20)
Any person violating any provision of this article shall be guilty of a misdemeanor and be punishable by section 1-23 of this Code. Revocation or suspension of a permit issued under this article shall not be a defense under this article.
(Code 1965, § 6908; Ord. No. 83-20; Ord. No. 94-5)
Sec. 18-130. Applicability of regulations to existing businesses.
The provisions of this article shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law. All such persons and businesses shall have 60 days from said effective date to comply with the provisions of this article.
(Code 1965, § 6909; Ord. No. 83-20)
Secs. 18-131--18-150. Reserved.
ARTICLE V. FILM PERMITS
Sec. 18-151. Purpose and scope.
The purpose and scope of this article is to develop and adopt a process for granting film permits so as to promote an efficient and effective method for promoting and attracting the film industry to the city.
(Code 1965, § 3400; Ord. No. 92-1)
As used in this article, the following definitions shall apply:
(Code 1965, § 3401; Ord. No. 92-1)
Film. Includes, but is not limited to, feature motion pictures, videotapes, television motion pictures, commercials, accident reconstruction, and stills.
(Code 1965, § 3401; Ord. No. 92-1)
Production. The activity of making a film for commercial or noncommercial purposes on property owned by the city or on private property when the production will have a significant impact on public facilities within the jurisdiction of the city.
(Code 1965, § 3401; Ord. No. 92-1)
Cross references: Definitions generally, § 1-10.
Sec. 18-153. Designation and duties of city representative to film industry.
The City Manager is authorized to designate a person and/or agency to act as the city's representative to the film production industry, whose responsibilities shall include, but not be limited to:
(Code 1965, § 3402; Ord. No. 92-1)
(1) Attraction of motion picture production to the city;
(Code 1965, § 3402; Ord. No. 92-1)
(2) Assistance in expediting, to the greatest extent possible, the issuances of all use permits necessary for motion picture production;
(Code 1965, § 3402; Ord. No. 92-1)
(3) Coordinate multijurisdictional filming.
(Code 1965, § 3402; Ord. No. 92-1)
Sec. 18-154. Time period for granting permit; period of validity.
(a) The following time periods shall apply when processing a completed application for a filming permit:
(Code 1965, § 3403; Ord. No. 92-1)
(1) Two to four working days for approval and issuance of a permit, depending on use of stunts, special effects, or need for traffic control;
(Code 1965, § 3403; Ord. No. 92-1)
(2) Ten working days for road closures.
(Code 1965, § 3403; Ord. No. 92-1)
(b) Permits shall be valid for the period of time necessary to film a specific shot or sequence of shots. Minor additions, corrections, or alterations to a permit shall be made available by way of application for a "rider." Significant changes to the original permit shall require a new permit application.
(Code 1965, § 3403; Ord. No. 92-1)
(c) The above-cited time limits shall apply only when the applicant has secured all other necessary permits and approvals from other city departments and other governmental entities, when applicable.
(Code 1965, § 3403; Ord. No. 92-1)
Applicants shall pay a fee according to a schedule as provided in the Resolution Establishing Fees and Charges for Various Municipal Services to cover the cost of providing services occasioned by the motion picture production, including administrative, police, sanitation, and other necessary services.
(Code 1965, § 3404; Ord. No. 92-1)
Sec. 18-156. Application/permit form.
The city's designee shall develop a uniform permit application/permit form, which shall comply with requirements of Government Code § 14999.32 as it may be amended from time to time, and shall contain a provision requiring applicants to provide adequate insurance as required by the city.
(Code 1965, § 3405; Ord. No. 92-1)
Sec. 18-157. Notification of property owners and residents.
At the city's discretion, an applicant may be required to notify property owners, tenants, and residents impacted by the activity permitted.
(Code 1965, § 3406; Ord. No. 92-1)
Sec. 18-158. Distribution of regulations.
A copy of the ordinance codified in this article shall be sent to the California Film Commission following its adoption.
(Code 1965, § 3407; Ord. No. 92-1)
Secs. 18-159--18-180. Reserved.
ARTICLE VI. FORTUNETELLING
For pay. As used in this article, "for pay" shall mean for a fee, reward, donation, offering, loan, salary, remuneration, or receipt of anything of value.
(Code 1965, § 4211; Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
Fortunetelling. As used in this article, "fortunetelling" means any act or practice whereby a person purports to influence future events through any technique such as astrology, palmistry, phrenology, lifereading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit photography, spirit voices, spirit materialization, etherealization, prophesy, augury, divination, magic, necromancy, numerology, mesmerism, physiognomy, psychometry, seership, or character reading, or by handwriting analysis or other similar business or art.
(Code 1965, § 4211; Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
Cross references: Definitions generally, § 1-10.
Sec. 18-182. Posting of information and fees; regulation of fees.
(a) Posting of information and fees required. Each person engaged in the practice of fortunetelling within the city shall post, on his business premises, a sign containing the following information:
(Code 1965, § 4214; Ord. No. 85-2)
(1) The true name of the fortunetelling practitioner;
(Code 1965, § 4214; Ord. No. 85-2)
(2) The services provided by the fortunetelling practitioner;
(Code 1965, § 4214; Ord. No. 85-2)
(3) The fees charged for each service provided by the practitioner;
(Code 1965, § 4214; Ord. No. 85-2)
(4) The statement: "By law, this business is prohibited from soliciting any remuneration, payment, or fee beyond these established rates."
(Code 1965, § 4214; Ord. No. 85-2)
(b) Location of sign. The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry to the business premises and shall be conspicuously visible to every person seeking the services of the fortuneteller. The sign lettering shall be of uniform size, with each letter at least one-half inch in height.
(Code 1965, § 4214; Ord. No. 85-2)
(c) Information card. If the fortunetelling is provided at some place other than the fortuneteller's permanent place of business, the fortuneteller shall provide the information required by this section on a card of sufficient size to include all such required information in at least 14-point boldface type. The card shall also include the permanent business or residence address of the fortuneteller. Such card shall be provided to each client prior to providing any fortunetelling services.
(Code 1965, § 4214; Ord. No. 85-2)
(d) Regulation of fees. No person shall charge any fee for fortunetelling services in excess of the fees set forth on the sign or card required under this section.
(Code 1965, § 4214; Ord. No. 85-2)
Sec. 18-183. Accepting money other than lawful fees.
(a) No person engaged in the practice of fortunetelling shall accept any money from a client or customer and keep such money, either temporarily or permanently, other than lawfully posted fees.
(Code 1965, § 4215; Ord. No. 85-2)
(b) No person engaged in the practice of fortunetelling shall, in connection with such practice, demand, request, or suggest that a client or customer deliver money to any associate of the fortuneteller, to be kept either permanently or temporarily by such associate, other than lawfully posted fees.
(Code 1965, § 4215; Ord. No. 85-2)
(c) This section shall not be construed to prevent a practitioner from accepting a gratuitous tip, given voluntarily by the client or customer out of satisfaction with the services provided.
(Code 1965, § 4215; Ord. No. 85-2)
(a) The provisions of this article shall not apply to any person solely by reason of the fact that he is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places, and in the presence of and within the hearing of other persons, and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers.
(Code 1965, § 4216; Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
(b) No person shall be required to pay any fee or take out any permit for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith, provided that:
(Code 1965, § 4216; Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
(1) Except as provided in subsection (3) hereof, the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to, or for the benefit of, the bona fide church or religious association, as defined in this subsection (b).
(Code 1965, § 4216; Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
(2) The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection (b), shall, on demand, file with the Chief of Police a certified copy of the minister's certificate of ordination with the minister's name, age, street address, and phone number in this city where the activity set forth in this subsection (b) is to be conducted.
(Code 1965, § 4216; Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
(3) Such bona fide church or religious association, as defined in this subsection (b), may pay, to its ministers, a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.
(Code 1965, § 4216; Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
Sec. 18-185. Compliance with planning and zoning requirements.
Fortunetellers as defined herein shall comply with all applicable planning and zoning regulations as determined by the Chief of Planning.
(Code 1965, § 4217; Ord. No. 97-10)
Secs. 18-186--18-210. Reserved.
ARTICLE VII. GOING OUT OF BUSINESS SALES, REMOVAL OF BUSINESS SALES, AND FIRE AND OTHER ALTERED GOODS SALES
For the purposes of this article, the following terms, phrases, words, and their derivations 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, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(Code 1965, § 6500; Ord. No. 418)
City. The City of Concord.
(Code 1965, § 6500; Ord. No. 418)
City License Officer. The License Officer of the City of Concord.
(Code 1965, § 6500; Ord. No. 418)
Fire and other altered goods sale. A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water, or other means.
(Code 1965, § 6500; Ord. No. 418)
Going out of business sale. A sale held out in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued, including but not limited to the following sales: adjuster's, adjustment, alteration, assignee's, bankrupt, benefit of administrator's, benefit of creditor's, benefit of trustee's, building coming down, closing, creditor's committee, creditor's, end, executor's, final days, forced out, forced out of business, insolvent's, last days, lease expires, liquidation, loss of lease, mortgage, receiver's, trustee's, and quitting business.
(Code 1965, § 6500; Ord. No. 418)
Goods. Includes any goods, wares, merchandise, or other property capable of being the object of a sale regulated hereunder.
(Code 1965, § 6500; Ord. No. 418)
Person. Any person, firm, partnership, association, corporation, company, or organization of any kind.
(Code 1965, § 6500; Ord. No. 418)
Removal of business sale. A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the city or will then continue business from other existing locations in the city.
(Code 1965, § 6500; Ord. No. 418)
Cross references: Definitions generally, § 1-10.
Sec. 18-212. License required.
A license issued by the city License Officer shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds:
(Code 1965, § 6501; Ord. No. 418)
(1) Going out of business sale;
(Code 1965, § 6501; Ord. No. 418)
(2) Removal of business sale; and
(Code 1965, § 6501; Ord. No. 418)
(3) Fire and other altered stock sale.
(Code 1965, § 6501; Ord. No. 418)
Sec. 18-213. Applicability of article; eligibility for license.
(a) Provisions supplement General Licensing Ordinance. The provisions of this article are intended to augment and be in addition to the provisions of the General Licensing Ordinance of this city. Where this article imposes a greater restriction upon persons, premises, businesses, or practices than is imposed by the General Licensing Ordinance of this city, this article shall control.
(Code 1965, § 6502; Ord. No. 418)
(b) Eligibility for license.
(1) Established business requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale shall not be granted a license.
(Code 1965, § 6502; Ord. No. 418)
(2) Exception for survivors of businessmen. Upon the death of a person doing business in this city, his heirs, devisees or legatees shall have the right to apply at any time for a license hereunder.
(Code 1965, § 6502; Ord. No. 418)
(c) Interval between sales. Any person who has held a sale as regulated hereunder, at the location stated in the application, within one year last past from the date of such application shall not be granted a license.
(Code 1965, § 6502; Ord. No. 418)
(d) Restriction on location. Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
(Code 1965, § 6502; Ord. No. 418)
(e) Persons exempted. The provisions of this article shall not apply to or affect the following persons:
(Code 1965, § 6502; Ord. No. 418)
(1) Persons acting pursuant to an order or process of a court of competent jurisdiction;
(Code 1965, § 6502; Ord. No. 418)
(2) Persons acting in accordance with their powers and duties as public officials;
(Code 1965, § 6502; Ord. No. 418)
(3) Duly licensed auctioneers, selling at auction;
(Code 1965, § 6502; Ord. No. 418)
(4) Any publisher of a newspaper, magazine, or other publication who publishes, in good faith, any advertisement, without knowledge of its false, deceptive, or misleading character, or without knowledge that the provisions of this article have not been complied with.
(Code 1965, § 6502; Ord. No. 418)
Sec. 18-214. Application for license; license fee.
(a) Application. A person desiring to conduct a sale regulated by this article shall make a written application to the License Officer setting forth and containing the following information:
(Code 1965, § 6503; Ord. No. 418)
(1) The true name and address of the owner of the goods to be the object of the sale;
(Code 1965, § 6503; Ord. No. 418)
(2) The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition;
(Code 1965, § 6503; Ord. No. 418)
(3) A description of the place where such sale is to be held;
(Code 1965, § 6503; Ord. No. 418)
(4) The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy;
(Code 1965, § 6503; Ord. No. 418)
(5) The dates of the period of time in which the sale is to be conducted;
(Code 1965, § 6503; Ord. No. 418)
(6) A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;
(Code 1965, § 6503; Ord. No. 418)
(7) The means to be employed in advertising such sale, together with the proposed content of any advertisement;
(Code 1965, § 6503; Ord. No. 418)
(8) A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records. Said inventory shall be attached to and become part of the required application.
(Code 1965, § 6503; Ord. No. 418)
a. Bona fide orders. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.
(Code 1965, § 6503; Ord. No. 418)
b. Goods purchased for sale hereunder. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase, or additions to the stock of goods of the business hereby affected within 30 days before the filing of an application hereunder, shall be deemed to be of such character.
(Code 1965, § 6503; Ord. No. 418)
(b) Fees. Any applicant for a license hereunder shall submit to the License Officer with his application a license fee of $50.00. Any applicant for a renewal license hereunder shall submit to the License Officer, with his renewal application, a renewal license fee of $5.00 per day.
(Code 1965, § 6503; Ord. No. 418)
Sec. 18-215. Effect of license; conditions; renewal.
A license shall be issued hereunder on the following terms:
(Code 1965, § 6504; Ord. No. 418)
(1) Term and renewal.
a. Licensing period. The license shall authorize the sale described in the application for a period of not more than 21 consecutive days, Sundays and legal holidays excluded, following the issuance thereof.
(Code 1965, § 6504; Ord. No. 418)
b. Renewal procedure. The License Officer shall renew a license for one period of time only, such period to be in addition to the 21 days permitted in the original license and not to exceed ten consecutive days, Sundays and holidays excluded, when he finds:
(Code 1965, § 6504; Ord. No. 418)
1. That facts exist justifying the license renewal;
(Code 1965, § 6504; Ord. No. 418)
2. That the licensee has filed an application for renewal;
(Code 1965, § 6504; Ord. No. 418)
3. That the licensee has submitted, with the application for renewal, a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory.
(Code 1965, § 6504; Ord. No. 418)
For the purposes of this subsection, any application for the license under the provisions of this article covering any goods previously inventoried as required hereunder shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.
(Code 1965, § 6504; Ord. No. 418)
(2) Nature of sale. The license shall authorize only the one type of sale described in the application at the location named therein.
(Code 1965, § 6504; Ord. No. 418)
(3) Saleable goods. The license shall authorize only the sale of goods described in the inventory attached to the application.
(Code 1965, § 6504; Ord. No. 418)
(4) Surrender of general license. Upon being issued a license hereunder for a going out of business sale, the licensee shall surrender to the License Officer all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this article. Credit for the unexpired portion of the surrendered license will be allowed against the fee required to be paid by section 18-214(b).
(Code 1965, § 6504; Ord. No. 418)
(5) Nontransferability. Any license herein provided for shall not be assignable or transferable.
(Code 1965, § 6504; Ord. No. 418)
Sec. 18-216. Duties of licensee.
A licensee hereunder shall:
(Code 1965, § 6505; Ord. No. 418)
(1) Adhere to inventory. Make no additions whatsoever, during the period of the licensed sale, to the stock of goods set forth in the inventory attached to the application of license;
(Code 1965, § 6505; Ord. No. 418)
(2) Advertise properly. Refrain from employing any untrue, deceptive, or misleading advertising;
(Code 1965, § 6505; Ord. No. 418)
(3) Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto;
(Code 1965, § 6505; Ord. No. 418)
(4) Keep duplicate inventory. Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request;
(Code 1965, § 6505; Ord. No. 418)
(5) Segregate noninventoried goods. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale apprising the public of the status of all such goods.
(Code 1965, § 6505; Ord. No. 418)
Secs. 18-217--18-240. Reserved.
ARTICLE VIII. HOTELS, MOTELS, AND ROOMINGHOUSES
Sec. 18-241. Register of guests required; use of rooms for immoral or illegal purpose.
It shall be unlawful for any person in the city engaged in conducting any hotel, motel, auto court, furnished apartment, or roominghouse to permit any person to lodge therein without first requiring said person to sign his true name and address in a register and/or index kept for that purpose, which said register and/or index shall be kept in the said hotel, motel, auto court, furnished apartment, or roominghouse, and in a place where it is subject to and available for immediate inspection by any police officer of the city at all times of the day or night; or to let any room therein for the purpose of prostitution or any other immoral or illegal purpose; or to allow any room to be so used; or for any person occupying any room in any hotel, motel, auto court, furnished apartment, or roominghouse to refuse to register his true name and address as herein provided; or to enter such room for the purpose of prostitution; or for any other immoral or illegal purpose.
(Code 1965, § 3700; Ord. No. 739)
Sec. 18-242. Inspection of register and premises by police.
It shall be unlawful for any person conducting any hotel, motel, auto court, furnished apartment, or roominghouse to refuse to allow any police officer of the city to enter and inspect the register and/or index in which lodgers, roomers, or guests are required to register and/or the premises in which said register and/or index is located.
(Code 1965, § 3701; Ord. No. 739)
Secs. 18-243--18-270. Reserved.
ARTICLE IX. MASSAGE ESTABLISHMENTS, OUT-CALL MASSAGE THERAPY, AND MASSAGE THERAPY TECHNICIANS
Sec. 18-271. Findings and Purpose.
The City Council finds and declares as follow:
(Code 1965, § 5600; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(a) In adopting these regulations, the City Council of the City of Concord finds that therapeutic massage therapy is a viable professional field offering the public valuable health benefits.
(Ord. No. 06-1)
(b) The permit requirements and restrictions imposed by this Article are reasonably necessary to protect the health, safety and welfare of the citizens of the city.
(Ord. No. 06-1)
(c) The city is authorized by virtue of the Constitution of the State of California, and section 51031 of the California Government Code, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage therapists and imposing reasonable conditions on the operation of the massage establishment.
(Ord. No. 06-1)
(d) There is significant risk of injury to massage clients by improperly trained and/or uneducated massage therapists and this Article provides reasonable safeguards against injury and economic loss.
(Ord. No. 06-1)
For the purpose of this Article, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:
(Code 1965, § 5601; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Acupuncture. The stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electro acupuncture, cupping, and moxibustion.
(Ord. No. 06-1)
Acupressure. Based on a theory similar to acupuncture except that it stimulates acupuncture points by the application of pressure rather than needling.
(Ord. No. 06-1)
Adult-oriented merchandise. Any sexually-oriented implements, paraphernalia, or novelty items, such as, but not limited to, condoms and sexually-oriented items that are designed or marketed primarily for the stimulation of human genital organs.
(Ord. No. 06-1)
Applicant. In the case of a massage establishment permit, means an individual, or if not an individual, the general partner, chief executive officer, chief advisor, or other person responsible for the ownership and operation of the massage establishment, who applies to obtain a permit under this Article. In the case of a massage therapy technician permit, "applicant" means an individual who applies for a permit under this Article.
(Ord. No. 06-1)
Chief of Police. The Chief of Police of the City of Concord or the Chief of Police's designee.
(Ord. No. 06-1)
Employee. Includes any owner, partner, operator, manager, supervisor or worker, whether paid or not, who renders personal services of any nature in the operation of a massage establishment.
(Ord. No. 06-1)
Massage therapy. The treatment of the human body by soft tissue manipulation using a variety of manipulative techniques, which may include any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. This may include body/mind/spirit integration, personal growth, physical or emotional relaxation and the relief of somatic pain or dysfunction. As used in this Article, massage therapy includes bodywork and somatic therapies.
(Ord. No. 06-1)
Massage establishment. Any establishment having a fixed placed of business where any person provides, receives, or permits others to provide or receive massage therapy services. Massage establishment includes, but is not limited to, any beauty salon, hot tub or sauna facility, health and fitness center or tanning salon in which massage therapy services are provided to customers.
(Ord. No. 06-1)
Massage Therapy Technician. Any person who provides massage therapy services to another person.
(Ord. No. 06-1)
Managing employee. Any employee of a massage establishment who has been designated by the massage establishment permittee to manage the business.
(Ord. No. 06-1)
Out-call massage therapy. A massage therapy performed or administered for money or other consideration by a licensed massage practitioner at a location other than a licensed massage establishment.
(Ord. No. 06-1)
Permit. The permit to engage in the practice or business of massage therapy as required by this Article.
(Ord. No. 06-1)
Permittee. Any person possessing a permit required and issued under this Article.
(Ord. No. 06-1)
Person. Any individual, co-partnership, firm, association, joint stock company, corporation, joint venture, or combination of individuals of whatever form or character.
(Ord. No. 06-1)
Recognized school of massage therapy. Any school or institution of learning which has been approved pursuant to applicable State or Federal law or regulation, or any school which requires a resident course on the theory, ethics, history, practice, methods, profession or work of massage therapy, including the study of anatomy and physiology and hygiene, and demonstration and practice of massage therapy techniques, and which provides a diploma or certificate of graduation upon successful completion of such course of study or course work recognized by national professional massage or body therapy organizations. Any school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or a course of massage therapy not approved by the California Department of Education shall not be deemed a "recognized school of massage therapy."
(Ord. No. 06-1)
Sec. 18-273. Permit requirement.
(a) Massage Establishment Permit. Except as otherwise provided in section 18-274, it shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the city, the operation of a massage establishment without first having obtained a Massage Establishment permit issued by the Chief of Police pursuant to this. A separate permit shall be obtained for each separate massage establishment.
(Code 1965, § 5602; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) Massage Therapy Technician Permit. Except as otherwise provided in section 18-274, it shall be unlawful for any person to engage in, conduct or carry on the function of a massage therapy technician without first having obtained a Massage Therapy Technician permit issued by the Chief of Police pursuant to this Article.
(Ord. No. 06-1)
(c) Provisional Permit. The Chief of Police may issue a provisional permit to any applicant, for a period not to exceed six (6) months, if the applicant requires experience in the massage therapy profession for the purpose of eligibility for a certification examination as provided in subsection 18-275(a) of this Article or educational requirements for a recognized school of massage therapy, and the applicant shows proof of satisfactory completion of at least one hundred (100) hours of a non-repetitive curriculum in anatomy, physiology, hygiene, sanitation, and massage therapy theory, history, ethics, and practice from a recognized school of massage therapy.
(Ord. No. 06-1)
(d) A permit issued under this Article does not authorize the permittee to practice massage therapy until the permittee has complied with all business license requirements, zoning/planning requirements, and all other applicable federal, state, and city laws or regulations.
(Ord. No. 06-1)
(e) Persons practicing acupressure under the direction of a licensed State of California acupuncturist shall obtain a Massage Therapy Technician permit as required in this Article.
(Ord. No. 06-1)
Sec. 18-274. Permit exemptions.
(a) The permit requirements of this Article shall not apply to the following persons while engaged in the performance of their duties:
(Code 1965, § 5603; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(1) Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or acupuncturists who are duly licensed to practice their respective professions in the State;
(Code 1965, § 5603; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(2) Barbers, beauticians, cosmetologists, and estheticians who are duly licensed under the laws of the State while engaging in practices within the scope of their licenses;
(Code 1965, § 5603; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(3) Hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State;
(Code 1965, § 5603; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(4) Accredited high schools, junior colleges, colleges, or universities whose coaches and trainers are acting within the scope of their employment;
(Code 1965, § 5603; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(5) Trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events.
(Code 1965, § 5603; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(6) Massage therapists, bodyworkers, bodywork therapists or massage, and bodywork therapists operating under a valid license issued by the Massage Therapist Organization (also known as the California Massage Therapy Council), per Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business & Professions Code relating to massage therapy, provided however, that such persons shall not be exempted from this Article if Chapter 10.5 is repealed. Any person claiming an exemption under this provision must present a current, valid license as described herein to the Police Department of the City of Concord and must further display said license in an open and conspicuous location at their place of business at all times.
(Ord. No. 09-3)
Sec. 18-275. Educational, certification, and association requirements.
(a) Each permittee shall either:
(Code 1965, § 5604; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(1) Possess an original diploma, original certificate of graduation, or other written proof, including certified transcripts, acceptable to the Chief of Police, from a recognized school of massage therapy, college, junior college, or university which shows satisfactory completion of at least three hundred (300) hours of a nonrepetitive curriculum which shall include formal education and training in massage therapy and/or bodywork, ethics, anatomy, and physiology; and related education and/or professional experience; or
(Ord. No. 06-1)
(2) Certification pursuant to the National Certification Board for Therapeutic Massage and Bodywork.
(Ord. No. 06-1)
(b) The permittee shall present original documents showing such certification at the time of application.
(Ord. No. 06-1)
(c) Each permittee shall be a member, in good standing, of a state or national professional association devoted to the massage therapy specialty and therapeutic enhancement approach. The organization shall meet the following requirements:
(Ord. No. 06-1)
(1) The organization or association promotes participation in continuing education programs as a condition of continuing membership;
(Ord. No. 06-1)
(2) The organization or association has an established code of ethics and has enforcement procedures for the suspension and revocation of membership of persons violating the code of ethics;
(Ord. No. 06-1)
(3) The organization or association is open to members of the general public, meeting the requirements for membership on a regional, statewide, or national basis, and is devoted to serving the interests of its members, the public, and the profession.
(Ord. No. 06-1)
(d) Each applicant for a Massage Establishment permit who signs a declaration under penalty of perjury that such applicant will not personally engage in the practice of massage therapy is exempt from the educational, certification, association, and testing requirements set forth in this subsection.
(Ord. No. 06-1)
(e) Each applicant for a Massage Establishment permit and Massage Therapy Technician permit shall successfully complete and pass a written examination as described in section 18-276, unless the applicant is exempt from the requirements as provided in section 18-275(d).
(Ord. No. 06-1)
Sec. 18-276. Massage Therapy Technician examination.
(a) Each applicant must demonstrate a basic knowledge of anatomy, physiology, hygiene and massage therapy by successfully completing a written examination. The applicant must pass the test with a score of no less than seventy percent on the written test.
(Code 1965, § 5605; Ord. No. 880; Ord. No. 1166, Ord. No. 06-1)
(b) The tests will be formed by using a series of questions submitted from various Bay Area massage schools and have questions that can effectively assess the basic knowledge addressed in subsection (a) of this section.
(Code 1965, § 5605; Ord. No. 880; Ord. No. 1166, Ord. No. 06-1)
(c) The tests will be administered through the Concord Police Department at the time of application. If the applicant fails the written examination the person may submit a request at any time to retake the failed test. If the person fails the written test the second time, the person must wait six (6) months before submitting a request to retake the failed test.
(Code 1965, § 5605; Ord. No. 880; Ord. No. 1166, Ord. No. 06-1)
(d) If the applicant requires the services of a translator during the examination, the applicant must arrange for a court certified translator to be present at the examination. The applicant is solely responsible to pay for the translator's services. No persons other than court certified translators, City of Concord representatives, and examinees are allowed in the testing room during the written test.
(Code 1965, § 5605; Ord. No. 880; Ord. No. 1166, Ord. No. 06-1)
(e) The examination is a one-time requirement for all massage establishment permit holders and massage therapy technicians and will not be required again unless the applicant fails to renew their permit as required by this Article.
(Code 1965, § 5605; Ord. No. 880; Ord. No. 1166, Ord. No. 06-1)
Sec. 18-277. Massage Establishment permit application fee.
(a) Each applicant for a Massage Establishment permit shall file a written application with the Chief of Police on a form provided by the Police Department.
(Code 1965, § 5606; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) Each application shall be accompanied by a nonrefundable fee, in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services. The application fee shall be used to defray, in part, the costs of the investigation and report, and is not made in lieu of any other fees or taxes required under this Code. Applicants are required to make payment to the Department of Justice for fingerprinting services as required by this Article. A copy of the receipt for the nonrefundable fee shall accompany the application. Separate checks are not required to pay the required fees as outlined in this Article.
(Code 1965, § 5606; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(c) Each applicant shall submit the following information in the application under penalty of perjury:
(Code 1965, § 5606; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(1) The full, true name under which the business will be conducted;
(Ord. No. 06-1)
(2) The present or proposed address where the business is to be conducted;
(Ord. No. 06-1)
(3) The applicant's full, true name, including all other names used presently or in the past, date of birth, valid California driver's license number or identification number, Social Security number, present residence address and telephone number, gender, height, weight, color of hair, and color of eyes;
(Ord. No. 06-1)
(4) The names and addresses of all persons financially interested in the business;
(Ord. No. 06-1)
(5) The applicant's two (2) most recent street addresses and the dates of residence at each address;
(Ord. No. 06-1)
(6) The name, street address, and telephone number of other businesses in which the applicant has owned or been employed with within the past seven (7) years. This shall include the dates of employment, positions held by the applicant, and a contact person at each location. Applicant shall disclose or declare that within the seven (7) years preceding submission of the application, the owner, operator, manager, and/or responsible managing officer/employee has not:
(Ord. No. 06-1)
a. Had a Massage Establishment, Massage Therapy Technician, or other similar permit or license denied, suspended, or revoked by the city, or any other federal, state or local agency;
(Ord. No. 06-1)
b. Engaged in conduct or operated a massage therapy or similar establishment in a manner that would be grounds for denial, suspension, or revocation of a permit under this Article; or
(Ord. No. 06-1)
c. Owned or managed a massage establishment or similar establishment where persons required to be licensed were allowed to work without the required license or permit.
(Ord. No. 06-1)
(7) A statement of the permit history of the applicant which identifies whether or not such person has ever held a professional or vocational license or permit, other than as required under this Article, issued by any agency, board, city, county, territory, or state; the date of issuance of such permit or license; whether or not the permit or license is still in effect; if the permit or license is no longer in effect, whether or not it was revoked or suspended, and if so, the reason(s) therefore. The name and location of the jurisdiction or agency which suspended or revoked such license, certificate, permit, or other authorization shall also be included.
(Ord. No. 06-1)
(8) The name and street address of any other massage business operated or managed by the applicant during the last seven (7) years;
(Ord. No. 06-1)
(9) A statement whether the applicant intends to personally provide massage therapy services at the business;
(Ord. No. 06-1)
(10) Except as provided in section 18-274, an original diploma, certificate of graduation, or other written proof, including certified sealed transcripts, acceptable to the Chief of Police or written proof of the applicant's successful completion of the National Certification Board for Therapeutic Massage and Bodywork examination showing that the applicant has met the requirements of section 18-275;
(Ord. No. 06-1)
(11) Except as provided in section 18-274, written proof that the applicant is a member, in good standing, of a state or national professional association devoted to the massage therapy specialty and therapeutic enhancement approach as required by subsection 18-275(c);
(Ord. No. 06-1)
(12) A statement that within the seven (7) years preceding submission of the application, whether the applicant has been convicted or entered a plea of nolo contendere in a court of competent jurisdiction of any of the offenses listed below. For the purposes of this subsection, "applicant" means the following: an individual if the applicant is an individual; any officers, directors, stockholders holding more than five percent (5%) of the stock of the corporation, or the managing responsible officer, if the applicant is a corporation; and a partner or the managing responsible officer, if the applicant is a partnership.
(Ord. No. 06-1)
a. Conduct which requires registration under California Penal Code section 290;
(Ord. No. 06-1)
b. Conduct which is in violation of California Penal Code sections 220, 245.3, 245.5, 261, 264.1, 266(e), 266(h), 266(i), 314, 315, 316, 318, 647(a), 647(b), or 647(d);
(Ord. No. 06-1)
c. Crimes that are designated in California Government Code section 51032(b);
(Ord. No. 06-1)
d. Any other crime involving dishonesty, fraud, deceit, violence, or moral turpitude;
(Ord. No. 06-1)
e. Conspiracy or attempt to commit any of the aforementioned designated offenses;
(Ord. No. 06-1)
f. Convictions to a charge of a violation of California Penal Code sections 415 and 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage therapy;
(Ord. No. 06-1)
g. Convictions that have been expunged and convictions under the laws of other jurisdictions which proscribe the same or similar conduct as the aforedesignated crimes shall be reported;
(Ord. No. 06-1)
h. Been convicted of a Health and Safety Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058;
(Ord. No. 06-1)
i. Whether the applicant has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code sections 11225 et seq. or any similar provisions of law in a jurisdiction outside the state;
(Ord. No. 06-1)
j. Been convicted of any offense in any other state that is the equivalent of any of the above-mentioned offenses;
(Ord. No. 06-1)
k. Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this Article, would be grounds for denial, suspension or revocation of the permit.
(Ord. No. 06-1)
(13) The name, street address, telephone number, and date of birth of each massage therapy technician or employee who is or will be employed at the massage establishment, regardless of the nature of the employment;
(Ord. No. 06-1)
(14) The name, street address, and telephone number of any massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this section;
(Ord. No. 06-1)
(15) Documentation to prove that the applicant has a lawful right to work in the United States, to include but not limited to Department of Justice Immigration and Naturalization Service Employment Authorization Document;
(Ord. No. 06-1)
(16) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation and the name, residence address, and telephone number of each of its current officers, directors, along with the amount of stock held.
(Ord. No. 06-1)
(17) If the applicant is a partnership, the application shall set forth the name, residence street address, and telephone number of each of the partners. If the applicant is a limited partnership, it shall furnish a copy of its Certificate of Limited Partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner. The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this Article and shall, at all times, meet all of the requirements set for permittees by this Article or the permit shall be suspended until a responsible managing officer who meets such requirements is designated. If no such person is found within ninety (90) days after the permit's suspension, the corporation or partnership's permit is deemed canceled. If the corporation or partnership wishes to reapply for a permit, a new application shall be filed;
(Ord. No. 06-1)
(18) Two (2) recent, identical, passport-size, color photographs of the applicant;
(Ord. No. 06-1)
(19) Fingerprints taken by a representative of the Concord Police Department and submitted to the Department of Justice for processing pursuant to this Article;
(Ord. No. 06-1)
(20) Certificate from a physician licensed to practice in the State of California stating that the applicant has, within thirty (30) days immediately before the filing of the application, tested negative for tuberculosis. If the applicant has tested positive, the applicant must submit documentation from a physician licensed to practice in the State of California that the tuberculosis is not in an active state and the applicant is asymptomatic;
(Ord. No. 06-1)
a. Section 18-277(c) (20) is not required if the massage establishment applicant does not intend to provide massage therapy services.
(Ord. No. 06-1)
(21) Proof of massage malpractice insurance in the sum of not less than five hundred thousand dollars ($500,000.00) per massage therapy technician licensed, or to be licensed, at the massage establishment, up to a maximum of one million dollars ($1,000,000.00); this requirement can be satisfied by malpractice insurance being provided in the name of individual massage therapy technicians;
(Ord. No. 06-1)
(22) Written authorization for the city, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and the responsible managing officer/employee of the massage establishment;
(Ord. No. 06-1)
(23) Such other identification and information shall be provided as required by the Chief of Police, necessary to discover the truth of the matters specified and required in the application;
(d) A Massage Establishment permit does not authorize the permittee to provide massage therapy services, and it is unlawful to do so without a valid Massage Therapy Technician permit issued by the licensing authority.
(Ord. No. 06-1)
Sec. 18-278. Massage Therapy Technician permit application and fee.
(a) Each applicant for a Massage Therapy Technician permit shall file a written application with the Chief of Police on a form provided by the Police Department.
(Code 1965, § 5607; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) Each application shall be accompanied by a nonrefundable fee, in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services. The application fee shall be used to defray, in part, the costs of the investigation and report, and is not made in lieu of any other fees or taxes required under this Code. Applicants are required to make payment to the Department of Justice, for fingerprinting services, as required by section 18-277 (c) (19). A copy of the receipt for the nonrefundable fee shall accompany the application. Separate checks are not required to pay the required fees as outlined in this Article.
(Code 1965, § 5607; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(c) Each applicant shall submit the following information and/or document(s) under penalty of perjury:
(Ord. No. 06-1)
(1) All information required by section 18-277(c), except subsections: 18-277(c)(1), 18-277(c)(2), 18-277(c)(13), 18-277(c)(14), 18-277(c)(16), and 18-277(c)(17); and
(Ord. No. 06-1)
(2) As required by section 18-276, successful completion of the technician's examination;
(Ord. No. 06-1)
(3) Each applicant shall provide written authorization for the city, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant to comply with section 18-277(c) (23);
(Ord. No. 06-1)
(4) The full name, street address, and telephone number of each business premises in which the massage therapy technician administers massage therapy.
(Ord. No. 06-1)
Sec. 18-279. Application review.
Upon receipt of an application, the Chief of Police shall review the application and supplementary material. If it is clear from the face of the application and supplementary material that the applicant is not qualified for the permit sought or if the required fee has not been paid, the application may be denied without further investigation. If it appears from the face of the application and supplementary material that the applicant may be eligible for the permit sought, the Chief of Police shall verify the information submitted by the applicant and shall further investigate the qualifications of the applicant as follows:
(Code 1965, § 5608; Ord. No. 880; Ord. No. 1166; Ord No. 06-1)
(a) The Chief of Police shall photograph the applicant, take a full set of the applicant's fingerprints, and submit the fingerprints to the Department of Justice for evaluation. Upon receipt of the report from the Department of Justice, the Chief of Police shall review the criminal history (if any) of the applicant;
(Ord. No. 06-1)
(b) The Chief of Police may conduct additional investigations in a manner authorized by law when necessary to determine if the applicant meets the qualifications for a permit pursuant to this Article; and
(Ord. No. 06-1)
(c) Upon receipt of an application for a massage establishment permit, the Chief of Police shall refer the application to the city's Building Department, who shall review the application and inspect the premises to ensure that it will comply with applicable ordinances, including, but not limited to, building, health, and fire safety ordinances. Any modifications in the proposed site that are required to meet city standards shall be completed and all fees shall be paid before the application will be considered for approval by the Chief of Police.
(Ord. No. 06-1)
Sec. 18-280. Permit issuance or denial.
(a) The Chief of Police shall issue or deny the application for a massage establishment or technician permit within sixty (60) days of a completed application. When necessary, the Chief of Police may extend the time in order to issue or deny the application.
(Code 1965, § 5609; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) The Chief of Police shall deny a permit if any of the following circumstances exist:
(Ord. No. 06-1)
(1) The application is incomplete and/or required supplementary material is not submitted within thirty (30) days of the date the material is requested;
(Ord. No. 06-1)
(2) The applicant does not have sufficient proof of the required educational or certification requirements and association qualifications pursuant to section 18-275 of this Article, unless the applicant is exempt from these requirements as provided in section 18-274;
(Ord. No. 06-1)
(3) The operation as proposed by the applicant would not comply with all applicable ordinances and laws, including, but not limited to, the city's building, health, and fire safety ordinances;
(Ord. No. 06-1)
(4) The applicant has previously had a Massage Establishment permit, Massage Therapy Technician permit, or any similar license, certificate, or permit revoked by the city or any public agency during seven (7) years preceding the date of the application;
(Ord. No. 06-1)
(5) The applicant has made a material misrepresentation in the application or supplementary material submitted with the application;
(Ord. No. 06-1)
(6) The applicant has been successfully prosecuted under the Red Light Abatement Act (California Penal Code section 11225 et seq.) or any similar law in another jurisdiction during seven (7) years preceding the date of the application; or
(Ord. No. 06-1)
(7) The applicant has been convicted of any of the offenses provided in section 18-277(c) (12) during the seven (7) years preceding the date of the application.
(Ord. No. 06-1)
(c) If prosecution is pending against the applicant for either conduct listed in section 18-281 or for conduct violating this Article's provisions, the Chief of Police may postpone his/her decision on the application until the final resolution of the prosecution. As used in this subsection, prosecution means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil action maintained by the City of Concord City Attorney.
(Ord. No. 06-1)
(d) The Chief of Police may postpone his/her decision on a license or permit application until the City of Concord receives the applicant's fingerprint review results from the California Department of Justice.
(Ord. No. 06-1)
(e) The Chief of Police shall give written notice of the grounds for denial to the applicant personally or by first class mail, postage prepaid, at the address provided in the application. The notice shall advise the applicant of the right to appeal the decision.
(Ord. No. 06-1)
Sec. 18-281. Disqualifying conduct.
(a) The person has been convicted of, or pled guilty or no contest to an offense that requires registration under California Penal Code section 290, or which is a violation of sections 266(i), 314, 315, 316, 318 or 647(b) or the sections in Part 1, Title 9, Chapters 7.5 or 7.6 of the Penal Code or equivalent offenses under the laws of another jurisdiction, or any offense involving sexual misconduct with children or adults, even if expunged pursuant to Penal Code section 1203.4;
(Code 1965, § 5610; Ord. No. 880; Ord. No. 1166)
(b) The person has been convicted of, or pled guilty or no contest to an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380 of the California Health and Safety Code, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code section 1203.4;
(Ord. No. 06-1)
(c) The person was convicted of, or pled guilty or no contest to a violation of Penal Code section 415 as a result of an arrest for violation of Penal Code section 647(b).
(Ord. No. 06-1)
Sec. 18-282. Hearing on denial of permit.
If a permit for a massage establishment or massage therapy technician is denied, an applicant may, within seven (7) days after such action is taken, request a hearing before the Chief of Police, at which time evidence will be received for the purpose of determining whether the action of the Chief of Police in denying the issuance of an annual permit should be sustained or reversed. The Chief of Police shall render his/her decision, in writing, within seven (7) days after the hearing has been concluded.
(Code 1965, § 5611; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Sec. 18-283. Appeal of denial of permit.
If the Chief of Police does not reverse his action in denying the permit under section 18-280, the applicant may, within seven (7) days after the Chief of Police renders his decision pursuant to section 18-282, appeal such action to the City Council pursuant to section 2-52 of this Code.
(Code 1965, § 5612; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Sec. 18-284. Grounds for suspension or revocation of permit.
(a) The Chief of Police may revoke or suspend any permit granted under this Article if any of the following are found:
(Code 1965, § 5613; Ord. No. 880; Ord. No. 1166; Ord. 06-1)
(1) The permittee does not possess the qualifications for the permit as required by this Article;
(Code 1965, § 5613; Ord. No. 880; Ord. No. 1166)
(2) The permittee has been convicted of any violation of any provision of this Article;
(Code 1965, § 5613; Ord. No. 880; Ord. No. 1166)
3) The permittee has engaged in conduct or operated a massage establishment or has engaged in conduct as a massage therapist in a manner which violates this Article, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit;
(Ord. No. 06-1)
(4) There is fraud, material misrepresentation, false statement, or omission of a material fact in any application for a permit or in any supplementary material;
(Ord. No. 06-1)
(5) An activity authorized in the permit has been conducted in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public; or
(Ord. No. 06-1)
(6) Upon a recommendation from the city and/or county officials which states that such business is being managed, conducted, or maintained without regard for public safety or public health.
(Ord. No. 06-1)
(7) For purposes of this section, permittee, in the case of a massage establishment, shall include the managing responsible officer or managing employee.
(Ord. No. 06-1)
(b) Prior to the suspension or revocation of any permit issued pursuant to this Article, a hearing, as provided in section 18-285 of this Article, shall be held by the Chief of Police.
(Code 1965, § 5613; Ord. No. 880; Ord. No. 1166)
Sec. 18-285. Hearing on suspension or revocation of permit.
Prior to the suspension or revocation of any permit issued under this Article, the permittee shall be entitled to a hearing before the Chief of Police, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked, or whether the permit may be retained. The Chief of Police shall render his/her decision with seven (7) days after the hearing has been concluded.
(Code 1965, § 5614; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Unless otherwise specifically prohibited by law, the burden of proof is on the applicant or permittee in any hearing or other matter under this Article.
(Code 1965, § 5615; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Sec. 18-287. Appeal of suspension or revocation of permit.
If the Chief of Police does not reverse his action in suspending or revoking the permit pursuant to section 18-284, the permittee may, within seven (7) days after the Chief of Police renders his decision pursuant to section 18-285, appeal such action to the City Council pursuant to section 2-52 of this Code.
(Code 1965, § 5616; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Sec. 18-288. Minimum age requirement.
(a) No person shall be employed in a massage therapy business or perform massage therapy or manage or hold an ownership interest in a massage therapy business who is not at least eighteen (18) years of age.
(Code 1965, § 5617; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) It is unlawful for the owner, proprietor, managing employee, or any other person in charge of any massage establishment to employ any person under eighteen (18) years of age.
(Ord. No. 06-1)
Sec. 18-289. Permits non-assignable.
No permit shall be sold, transferred, or assigned by the permittee or by operation of law, to any other person. Any such sale, transfer, assignment, attempted sale, attempted transfer or attempted assignment shall constitute an immediate revocation of the permit and the permit shall thereafter be null and void.
(Code 1965, § 5618; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Sec. 18-290. Change of name or location, expansion of building.
(a) No permittee shall operate under any name or conduct any massage establishment under any designation or location not specified in the permit.
(Code 1965, § 5619; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) In the case of any proposed change of name, notification thereof shall be made to the Chief of Police within thirty (30) days prior to the change. Any proposed change of name is subject to the approval of the Chief of Police.
(Ord. No. 06-1)
(c) Any proposed change of location of a massage establishment is subject to the approval of the Chief of Police, in addition to compliance with all City ordinances and regulations.
(Ord. No. 06-1)
(d) Any application for an expansion of a building of a massage establishment shall require compliance with this Article and all other applicable laws.
(Ord. No. 06-1)
(e) In case of any change of location or expansion of the massage establishment, inspection thereof by the city's Building Department shall be made as required in this Article within thirty (30) days of receipt of the application.
(Ord. No. 06-1)
Sec. 18-291. Display of permit.
(a) The Massage Establishment permit and a copy of the permit of each and every massage therapy technician employed in the establishment shall be displayed in an open and conspicuous place on the premises.
(Code 1965, § 5620; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) Each massage therapy technician permittee shall be issued a photograph identification badge from the Police Department which shall also serve as a Massage Therapy Technician permit. When visiting a location other than a massage establishment in order to give a massage, each massage therapy technician permittee shall display the badge on such permittee's person, except when the permittee is giving a massage.
(Ord. No. 06-1)
Sec. 18-292. Facilities and operating requirements.
(a) Every massage establishment and every massage therapy technician shall comply with standards established by the Contra Costa County Health Services for such businesses and practitioners and the following facilities and operations requirements:
(Code 1965, § 5621; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(1) The massage establishment's premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the city, county, and state, including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility.
(Ord. No. 06-1)
(2) Massage establishments and massage therapy technicians shall at all times have an adequate supply of clean sanitary towels, coverings, and linens. Towels, non-disposable coverings, and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate receptacles.
(Ord. No. 06-1)
(3) In the massage establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day when the premises are open, with a disinfectant. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, ceilings, floors, and other physical facilities for the establishment shall be in good repair, and maintained in a clean and sanitary condition.
(Ord. No. 06-1)
(4) All equipment used in the massage therapy operation shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage therapy shall not be used on more than one client unless they have been sterilized, using standard sterilization methods.
(Ord. No. 06-1)
(5) Clients of the massage establishment shall be furnished with a dressing room. Dressing rooms will be used only by clients of the same sex at the same time. Dressing rooms need not be separate from the room in which the massage therapy is being performed.
(Ord. No. 06-1)
(6) Toilet facilities shall be provided in convenient locations within the massage establishment and shall consist of at least one unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.
(Ord. No. 06-1)
(7) A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage therapy services. Soap and sanitary towels shall also be provided at each basin.
(Ord. No. 06-1)
(b) Massage therapy shall be provided or given only between the hours of 7:00 a.m. and 10:00 p.m. No massage establishment shall be open and no client shall be in the establishment between 10:00 p.m. and 7:00 a.m.
(Ord. No. 06-1)
(c) No alcoholic beverages shall be sold, served, furnished, kept, consumed, or possessed on the premises of any massage establishment.
(Ord. No. 06-1)
(d) No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage therapy technician contractor shall offer or perform, any service other than those permitted under this Article.
(Ord. No. 06-1)
(e) No permittee or employee of a massage establishment shall:
(Ord. No. 06-1)
(1) Expose the sexual or genital part of the permittee/employee in the course of a massage therapy; or
(Ord. No. 06-1)
(2) Touch or expose the sexual or genital part of any other person in the course of a massage therapy.
(Ord. No. 06-1)
(3) It shall be unlawful for any massage therapy technician, operator, or employee of any massage establishment to perform massage therapy on a patron with the intent or purpose of arousing, appealing to, or gratifying the sexual desires of said patron. Sexual and genital parts shall include the genitals, pubic area, anus, perineum of any person and the breasts of any female.
(Ord. No. 06-1)
(f) No permittee or employee of a massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers that any service is available that is prohibited under this Article nor shall any massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this Article.
(Ord. No. 06-1)
(g) Adult-oriented merchandise is prohibited. The use or possession of adult-oriented merchandise in or on any part of a massage establishment is expressly prohibited.
(Ord. No. 06-1)
(h) Recordings.
(Ord. No. 06-1)
(1) No electrical, mechanical or artificial device shall be used by the operator and/or manager, massage therapy technician or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage therapy, or the conversation or other sounds in the massage rooms without the knowledge and written consent of the patron.
(Ord. No. 06-1)
(i) Locks prohibited.
(Ord. No. 06-1)
(1) No massage therapy shall be conducted within any cubicle, room, booth or treatment room on the premises of a massage therapy business which is fitted with a lock.
(Ord. No. 06-1)
(2) All exterior doors on the premises of a massage therapy business shall remain unlocked from the interior side during business hours.
(Ord. No. 06-1)
Sec. 18-293. Responsibility of employer.
It shall be the responsibility of the massage establishment permittee who has employed any person acting or purporting to act as a massage therapy technician or the employer of any person acting or purporting to act as a massage therapy technician to ensure that such person complies with the requirements of this Article and all laws.
(Code 1965, § 5622; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
The massage establishment permittee shall be held responsible for the conduct of all persons on the premises that engage in providing the service of massage therapy. Any act or omission of any person giving massage therapy, or any service of massage therapy shall be deemed the act or omission of the holder of the Massage Establishment permit for the purposes of determining whether the permit may be revoked, suspended, or denied. Proof of knowledge of any violation of this section shall not be required for purposes of suspension, revocation, or denial of a massage establishment permit.
(Ord. No. 06-1)
Sec. 18-294. Out-call massage therapy permit.
It shall be unlawful for any massage establishment or massage therapy technician to provide, or to offer to provide, massage therapy at any location except at the place of business approved in the permit for a massage establishment or massage therapy technician; provided, however that a massage establishment or massage therapists may obtain approval from the Chief of Police, specifically authorizing out-call massage therapy services.
(Code 1965, § 5623; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
Sec. 18-295. Permit duration and renewal.
(a) A permit shall be valid for one (1) year from the date of issuance unless revoked or suspended.
(Code 1965, § 5624; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) A permittee may apply for a renewal of a permit thirty (30) days prior to the expiration of the permit. If, upon the thirty first (31) day after the expiration of a permit, an application of renewal has not been received, the permit shall be deemed expired. Any permit issued under this Article shall be returned to the Chief of Police within forty eight (48) hours of its expiration. No privilege to provide massage therapy shall exist until an application for renewal has been granted. After a permit expires, a new application may be filed.
(Ord. No. 06-1)
(c) Permits may be renewed every year by filing an application for renewal under penalty of perjury updating information in the original application provided to the Chief of Police.
(Ord. No. 06-1)
(d) Verification of continued membership, in good standing, of a state or national professional association described in section 18-275(c) of this Article.
(Ord. No. 06-1)
(e) To renew a permit under this Article, the permittee shall pay the city a nonrefundable fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. A copy of the receipt for the nonrefundable fee shall accompany the application for renewal.
(Ord. No. 06-1)
(f) After investigating the application for renewal, the Chief of Police shall renew the permit if the permittee continues to meet the requirements for the issuance of a permit, and none of the grounds for denial of a permit set forth in this Article exist. The Chief of Police shall renew the permit within thirty (30) days of such request if the information upon which the original application was granted remains unchanged and no violations of this Article have been committed.
(Ord. No. 06-1)
Sec. 18-296. Applicability to existing businesses.
(a) All persons currently holding a valid Massage Establishment permit or Massage Therapy Technician permit shall have six (6) months following the enactment of this Ordinance in which to comply with the requirements of this Article. Except as provided in section 18-296 (b) if a permittee does not attain compliance with this Article within the prescribed time limits, the Chief of Police shall immediately suspend or revoke the permittee's permit(s).
(Code 1965, § 5625; Ord. No. 880; Ord. No. 1166; Ord. No. 06-1)
(b) The Chief of Police may issue a provisional permit to any massage establishment or massage therapy technician, for a period not to exceed six (6) months, if the applicant is able to show that substantial compliance with the requirements of this Article has been met and that the remaining compliance can be achieved within the period of the provisional permit. This six (6) month provisional permit shall not be renewed.
(Ord. No. 06-1)
Sec. 18-297. Cease of business.
If at any time during the duration of a permit issued under this Article a permittee ceases to do business as a massage establishment and/or a massage therapy technician, the permittee shall:
(Ord. No. 06-1)
(a) Return any permit issued under this Article to the Chief of Police within five (5) business days; and
(Ord. No. 06-1)
(b) Notify the Business License Department.
(Ord. No. 06-1)
The Police Department shall, from time to time, make an inspection of each massage establishment for the purpose of determining compliance with this Article.
(Ord. No. 06-1)
(a) It is the duty of the Chief of Police to enforce rules and regulations in accordance with this Article.
(Ord. No. 06-1)
(b) Pursuant to the city's prosecutorial discretion, the city may enforce violations of the provisions of this Article as criminal, civil and/or administrative actions.
(Ord. No. 06-1)
(c) Any massage establishment operated, conducted, or maintained contrary to the provisions of this Article shall be unlawful and a public nuisance, and the City Attorney may, in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law.
(Ord. No. 06-1)
If any provision or clause of this Article or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.
(Ord. No. 06-1)
Secs. 18-301--18-320. Reserved.
ARTICLE X. SECONDHAND DEALERS
It is the intent of the City Council, in enacting this article, to curtail the dissemination of stolen tangible personal property and to facilitate the recovery of such stolen property.
(Code 1965, § 6600; Ord. No. 85-26)
For the purposes of this article, the following definitions shall apply:
(Code 1965, § 6601; Ord. No. 85-26)
Secondhand dealer.
(1) Any person, copartnership, firm, or corporation who, in the normal course of business, purchases or obtains, in trade or on consignment, secondhand property.
(Code 1965, § 6601; Ord. No. 85-26)
(2) Secondhand dealer does not include:
(Code 1965, § 6601; Ord. No. 85-26)
a. Any person who performs the services of an auctioneer for a fee;
(Code 1965, § 6601; Ord. No. 85-26)
b. Any business defined under state law as a pawnshop;
(Code 1965, § 6601; Ord. No. 85-26)
c. Any person or entity subject to Business and Professions Code §§ 21625--21653 relating to secondhand dealers, or to Business and Professions Code §§ 21660--21667 relating to swap meets;
(Code 1965, § 6601; Ord. No. 85-26)
d. Any business which is operated for the exclusive benefit of any corporation organized and operated for religious, educational, hospital, or charitable purposes and which obtains, by donation rather than by purchase, trade, or consignment, the secondhand property which it offers for sale.
(Code 1965, § 6601; Ord. No. 85-26)
Secondhand property. Consists of used tangible personal property limited to the following categories:
(Code 1965, § 6601; Ord. No. 85-26)
(1) Jewelry. Including but not limited to watches, earrings, rings, bracelets, necklaces, pendants, etc.
(Code 1965, § 6601; Ord. No. 85-26)
(2) Camera equipment. Including but not limited to cameras, lenses, carrying cases, etc.
(Code 1965, § 6601; Ord. No. 85-26)
(3) Sound equipment. Including but not limited to home and vehicle stereo units, citizen band and other types of radios, recorders, record turntables, speakers, equalizers, etc.
(Code 1965, § 6601; Ord. No. 85-26)
(4) Viewing equipment. Including but not limited to televisions, video player/recorders and cameras, movie projectors, etc.
(Code 1965, § 6601; Ord. No. 85-26)
(5) Tools. Including but not limited to hand and power type tools, toolboxes, etc.
(Code 1965, § 6601; Ord. No. 85-26)
(6) Weapons. Including but not limited to handguns, rifles, shotguns, etc.
(Code 1965, § 6601; Ord. No. 85-26)
Cross references: Definitions generally, § 1-10.
Sec. 18-323. Reporting requirements.
(a) Every secondhand dealer shall report, in writing, to the Chief of Police or his designee, all secondhand property which has been purchased, taken in trade, or accepted for sale on consignment. Such reports shall be made on the day the property was obtained or on the next working day thereafter. The reports shall be mailed or hand-delivered to the address of the city Police Department.
(Code 1965, § 6602; Ord. No. 85-26)
(b) The reports shall be typewritten or legibly printed in ink on business receipts, stationery, or other paper which shows the name, address, and telephone number of the reporting secondhand dealer. The report shall include, but shall not be limited to, the following information:
(Code 1965, § 6602; Ord. No. 85-26)
(1) The full name, date of birth, physical description, residential address, and telephone number of the person from whom the secondhand property was obtained. A post office box shall not be acceptable as a residential address;
(Code 1965, § 6602; Ord. No. 85-26)
(2) A description of the identification presented pursuant to section 18-324 of this article by the person from whom the secondhand property was obtained. The description shall include, but not be limited to, the name of the issuing entity, the numbers/letters of the identification card, and the expiration date, if any, of the identification;
(Code 1965, § 6602; Ord. No. 85-26)
(3) A complete and accurate description of the secondhand property received, including but not limited to any serial and model numbers and other identifying marks or symbols;
(Code 1965, § 6602; Ord. No. 85-26)
(4) Signatures of the person from whom the property was obtained and the person receiving the property.
(Code 1965, § 6602; Ord. No. 85-26)
(c) The original purchase report will be kept by the secondhand dealer and a legible copy of such report submitted to the Chief of Police, or designee, pursuant to this section.
(Code 1965, § 6602; Ord. No. 85-26)
(d) The secondhand dealer shall keep such reports for no less than one year and, during that time, will have these reports readily available for police inspection upon request during normal business hours.
(Code 1965, § 6602; Ord. No. 85-26)
Sec. 18-324. Identification requirements.
A secondhand dealer shall not receive any secondhand property unless the person providing such property is identified by at least one means of identification listed below:
(Code 1965, § 6603; Ord. No. 85-26)
(1) A valid California driver's license which contains a photograph;
(Code 1965, § 6603; Ord. No. 85-26);
(2) A valid California identification card issued by the Department of Motor Vehicles which contains a photograph;
(Code 1965, § 6603; Ord. No. 85-26)
(3) A valid identification issued by a federal, state, or local government or agency which contains a photograph and physical description of the issuee. This would include, but is not limited to, an out-of-state driver's license or military identification.
(Code 1965, § 6603; Ord. No. 85-26)
Sec. 18-325. Evidence of authority to sell property.
A secondhand dealer shall not receive any secondhand property unless the person providing such property presents verbal or documentary evidence to the secondhand dealer from which a reasonable person would conclude that the person offering the property is the owner of it or is the owner's agent and is authorized by the owner to offer such property. If property is obtained from the owner's agent, the secondhand dealer shall also include the owner's name, address, and phone number on the report required by section 18-323. When the person offering the property provides only verbal evidence of authority to sell such property, the secondhand dealer shall make a reasonable inquiry of that person to confirm that the property being offered does, in fact, belong to that person or that the person has the authority to offer such property for the owner.
(Code 1965, § 6604; Ord. No. 85-26)
Sec. 18-326. Retention and inspection of secondhand property.
All secondhand property purchased, taken in trade, or taken on consignment by persons subject to this article shall be segregated in such a manner as to identify such property with the person offering it. Such property shall be held by the secondhand dealer for a period of 17 days before being sold, exchanged, or removed from the business. Such property shall be made available for inspection by the Police Department upon request. The 17-day holding period may be waived for a specific purchase, by the Chief of Police or his designee, upon good cause shown by the secondhand dealer.
(Code 1965, § 6605; Ord. No. 85-26)
Sec. 18-327. Receiving secondhand property from certain persons prohibited.
No secondhand dealer shall purchase, take in trade, or take on consignment secondhand property from any person who is in an intoxicated condition or from any person under 18 years of age.
(Code 1965, § 6606; Ord. No. 85-26)
Sec. 18-328. Violations; penalties.
It shall be unlawful for any person or entity to violate any provision or to fail to comply with any of the requirements of this article. Any person or entity violating any provision of this article, or failing to comply with any provision of this article, shall be guilty of a misdemeanor and shall be punished in accordance with section 1-23 of this Code.
(Code 1965, § 6607; Ord. No. 85-26; Ord. No. 94-5)
Sec. 18-329. Reserved.
ARTICLE XI. MEDICAL MARIJUANA DISPENSARIES
Medical Marijuana Dispensary or Dispensary means any facility or location, whether fixed or mobile, where medical marijuana is made available to or distributed by or distributed to one (1) or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. All three of these terms are identified in strict accordance with California Health and Safety Code Section 11362.5 et seq. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this code or applicable law: A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; A healthcare facility licensed pursuant to Chapter 2 of Divisions 2 of the Health and Safety Code; A facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.
(Ord. No. 05-9)
Sec. 18-331. Medical Marijuana Dispensary as a Prohibited Use.
A medical marijuana dispensary as defined in Section 18-330 is prohibited in all zones and no conditional use permit shall be issued therefore.
(Ord. No. 05-9)
Secs. 18-332--18-440. Reserved.
ARTICLE XII. SOLICITORS AND PEDDLERS
(a) The following words, terms, and phrases, and their derivations, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(Ord. No. 06-6)
1. Charitable means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent educational, civic, cultural or fraternal, either actual or purported.
(Ord. No. 06-6)
2. Contributions mean and include the words alms, money, subscription, property or any donations under a guise of a loan or money or property.
(Ord. No. 06-6)
3. Department means the Police Department.
(Ord. No. 06-6)
4. Hearing Officer means the City Manager of the City or the designee thereof, provided that the designee shall not be the permitting authority or the Police Chief.
(Ord. No. 06-6)
5. Non Commercial Purposes means the purpose of any nonprofit organization which has obtained recognized state or federal tax exempt status.
(Ord. No. 06-6)
6. Permit Holder means the person to whom the permit is issued.
(Ord. No. 06-6)
7. Peddler means any person who goes upon any private property in the City, not having been invited by the occupant thereof, carrying or transporting goods, wares, magazines, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this Article. Expressly excluded from this definition are persons under the age of 18 years who are selling goods for non-commercial purposes.
(Ord. No. 06-6)
8. Peddling includes all activities ordinarily performed by a peddler as indicated under paragraph 7 of this Section.
(Ord. No. 06-6)
9. Permitting Authority means the City Police Department.
(Ord. No. 06-6)
10. Person means a natural person or any firm, corporation, association, club, society or other organization.
(Ord. No. 06-6)
11. Police Chief means the Chief of Police of the City, or his/her authorized representative.
(Ord. No. 06-6)
12. Political means of or related to a local, state or national election conducted by a governmental entity.
(Ord. No. 06-6)
13. Purchase means the buying of, offering to buy or the giving of an order for, anything of value, including but not limited to, goods, wares, merchandise, services, tickets, publications and subscriptions to publications.
(Ord. No. 06-6)
14. Principal means the sponsoring company, organization or other entity which employs, authorizes or sponsors the solicitor(s) or peddler(s), whether as employees, agents or independent contractors.
(Ord. No. 06-6)
15. Solicitor means any person who goes upon any private property in the City, not having been invited by the occupant thereof, for the purpose of directly contacting the occupant to take or attempt to take orders for the sale of goods, merchandise, wares, magazines, or other personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or sell goods or services for, charitable, religious, or other non-commercial purposes.
(Ord. No. 06-6)
16. Solicitation includes all activities ordinarily performed by a solicitor as indicated under paragraph 15 of this Section.
(Ord. No. 06-6)
17. Sponsor shall have the same meaning as Principal.
(Ord. No. 06-6)
Sec. 18-442. Permit requirements and exemptions.
(a) It shall be unlawful for an individual, within the City, to solicit or engage in any solicitation, unless the Principal Sponsor or person on whose behalf the solicitation is being made holds a valid City business license or is exempt from the requirement to hold a City business license. A business license shall not be issued unless a solicitor's permit has been issued by the Permitting Authority.
(Ord. No. 06-6)
(b) It shall be unlawful for any person eighteen (18) years of age or older to engage in peddling or solicitation activities within the City without having in his possession a valid and current solicitors permit issued by the Police Chief; provided, however, that the following are exempted from the provisions of this subsection:
(Ord. No. 06-6)
1. Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made;
(Ord. No. 06-6)
2. Any communication by an organization soliciting contributions solely from, persons who are members of the organization at the time of such solicitation;
(Ord. No. 06-6)
3. Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable organization; or
(Ord. No. 06-6)
4. Any solicitation for the relief of any individual specified by name at the time of the solicitation where solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary.
(Ord. No. 06-6)
5. Any solicitation for sale, delivery or collections of/for a newspaper.
(Ord. No. 06-6)
6. Any solicitation for the sale of goods by a person under the age of eighteen (18) on behalf of a non profit organization for non commercial purposes.
(Ord. No. 06-6)
7. Any solicitation for political or religious purposes.
(Ord. No. 06-6)
Sec. 18-443. Permit for sponsoring juvenile peddlers.
(a) No person under the age of eighteen (18) shall be permitted to engage in commercial peddling except as follows:
(Ord. No. 06-6)
1. A City business license shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one (1) or more persons under eighteen (18) years of age.
(Ord. No. 06-6)
2. The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling under the sponsor's solicitors' business license.
(Ord. No. 06-6)
3. Each person under the age of eighteen (18) shall first obtain a permit issued by the Permitting Authority.
(Ord. No. 06-6)
4. The sponsor shall be responsible for ensuring that each individual in its sales force has obtained a permit that identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in its sales force to carry such permit at all times when the individuals are peddling or soliciting.
(Ord. No. 06-6)
5. The sponsor shall comply with all laws of this state.
(Ord. No. 06-6)
Sec. 18-444. Permit application.
(a) Every person subject to the provisions of this Article shall file with the Permitting Authority an application in writing on a form to be furnished by the Permitting Authority, which shall provide the following information:
(Ord. No. 06-6)
1. Proof of age, address and identification of the applicant, to be provided through the applicant's driver license, articles of incorporation (for sponsors), or other legally recognized form of identification;
(Ord. No. 06-6)
2. A brief description of the business or activity to be conducted;
(Ord. No. 06-6)
3. The hours and location for which the right to peddle or solicit is desired;
(Ord. No. 06-6)
4 If employed, the name, address, telephone number and City business license number of the employer; or if acting as an agent, the name, address, telephone number and City business license number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
(Ord. No. 06-6)
5. A current live scan or similar criminal history check results together with a statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details thereof;
(Ord. No. 06-6)
6. Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this Article; and
(Ord. No. 06-6)
7. Two (2) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure 2 by 3 inches (2" X 3") and show the head and shoulders of the applicant in a clear and distinguishing manner. One 2 by 3-inch (2" X 3") photo will appear on the permit.
(Ord. No. 06-6)
At the time the solicitor or peddler's application is filed with the Permitting Authority, the applicant shall pay a nonrefundable fee to cover the cost to the City of processing the application and investigating the facts stated therein. The application fee for each solicitor or peddler permit shall be adopted and amended from time to time as set forth in the Resolution of Fees and Charges for Various Municipal Services.
(Ord. No. 06-6)
Sec. 18-446. Application review and permit issuance.
(a) Upon receipt of an application, the Police Chief shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
(Ord. No. 06-6)
(b) If the Police Chief finds the application to be satisfactory; the Police Chief shall endorse his approval on the application and shall authorize the issuance of the permit within 10 days of receipt of a competed application.
(Ord. No. 06-6)
(c) The permit shall show the name, address and photograph of the permittee, the kind of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permittee shall also keep the business license, if applicable, with him or her and present the business license to a City police officer upon request.
(Ord. No. 06-6)
(d) All records of issued solicitors' permits shall be maintained by the Department for a period of two (2) years.
(Ord. No. 06-6)
Sec. 18-447. Denial of permit.
(a) Upon review of the application, the Police Chief may refuse to issue a permit to the applicant under this article for any of the following reasons:
(Ord. No. 06-6)
1. The location and time of solicitation or peddling would endanger the safety and welfare of solicitor(s), peddler(s) or their customer(s) or potential customer(s);
(Ord. No. 06-6)
2. An investigation reveals that the applicant falsified information on the application;
(Ord. No. 06-6)
3. The applicant has been convicted of a felony in this state or any other state within the five (5) years preceding the date of application;
(Ord. No. 06-6)
4. The applicant has be convicted of a misdemeanor or ordinance violation in this state or any other state involving a sex offense or any violent acts against persons or property, within the five (5) years preceding the date of application;
(Ord. No. 06-6)
5. The applicant is required to register as a serious or high-risk sex offender pursuant to Sections 290 and 290.4 of the California Penal Code;
(Ord. No. 06-6)
6. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application;
(Ord. No. 06-6)
7. There is no proof as to the authority of the applicant to serve as an agent to the principal; or
(Ord. No. 06-6)
8. The applicant has been denied a permit under this article within the immediate past year, unless the applicant can and does show to the satisfaction of the Police Chief that the reasons for such earlier denial no longer exist.
(Ord. No. 06-6)
(b) If the permit is disapproved, the reasons thereof shall be noted on the application, and the applicant and principal shall be notified that a permit will not be issued. Notice shall be mailed by the Permitting Authority to the applicant at the address shown on the application form, or at the applicant's last known address and to the principal at the address shown on the principal's business license.
(Ord. No. 06-6)
(c) Nothing set forth in this Article shall be construed as granting the Permitting Authority, Police Chief; or City Council any discretion to grant, deny, suspend, or revoke any solicitation permit by reason of approval or disapproval of the philosophy, opinion, or belief of the applicant or permit holder.
(Ord. No. 06-6)
(d) Nothing set forth in this Article shall be construed to disqualify a principal from obtaining a City business license solely on the basis of the denial of a permit to a particular agent, employee, member or applicant.
(Ord. No. 06-6)
Sec. 18-448. Permit expiration.
All permits issued under the provisions of this Article shall expire one (1) year from the date of issuance, unless an earlier expiration date is noted on the permit. However, the term of the sponsor's City business license shall be controlling as to all agent/employee permits.
(Ord. No. 06-6)
Sec. 18-449. Permit exhibition.
Every person required to obtain a permit under the provisions of this article shall exhibit the permit at all times when engaged in the authorized activity.
(Ord. No. 06-6)
Sec. 18-450. Transfer prohibited.
(a) It shall be unlawful for any person other than the permittee to use any permit issued under the provisions of this Article.
(Ord. No. 06-6)
(b) It shall be unlawful for a permittee to transfer or authorize the use of his/her permit by any other person.
(Ord. No. 06-6)
Sec. 18-451. Entry upon signed premises unlawful.
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor, to enter upon any residential premises in the City where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," "No Solicitation" or words of similar import.
(Ord. No. 06-6)
Sec. 18-452. Hours of solicitation
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 7:00 p.m. and 9:00 a.m.
(Ord. No. 06-6)
Sec. 18-453. Permit revocation and temporary suspension.
(a) Any permit issued under this article may be revoked by the City, for any of the following reasons:
(Ord. No. 06-6)
1. Fraud, misrepresentations or false statement contained in the application for a permit;
(Ord. No. 06-6)
2. Fraud, misrepresentations, or false statement made by the permittee in the course of conducting solicitation or peddling activities;
(Ord. No. 06-6)
3. Conducting peddling or solicitation activities contrary to the provisions contained in the permit;
(Ord. No. 06-6)
4. Any conviction or matter arising under Section 18-447 (a) 3 through 6, subsequent to the issuance of a permit; or
(Ord. No. 06-6)
5. Conducting peddling or solicitation activities in such a manner as to create a public nuisance as provided in state and local law, constitute breach of the peace as provided in state and local law or endanger the health, safety or general welfare of the public.
(Ord. No. 06-6)
(b) Any permit issued under this article may be temporarily suspended pending a revocation hearing under Section 18-454 for any of the reasons enumerated in Subsection (a) above. Notice of the suspension may be personally delivered or mailed to the persons address as shown on the permit application form. The temporary suspension shall expire upon the mailing of the decision after the hearing on revocation unless the temporary suspension is sooner withdrawn by the City.
(Ord. No. 06-6)
Sec. 18-454. Notice and hearing.
(a) Notice of a hearing for revocation of a permit issued under this Article shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing, which time of commencement shall not be sooner than five (5) nor more than fifteen (15) business days after the notice is personally delivered or mailed to the person's address as shown on the permit application form. Notice shall be deemed effective upon personal delivery or deposit in the United States mail, as applicable.
(Ord. No. 06-6)
(b) At the time of the hearing, the hearing officer shall hear all relevant evidence and, after the close of the hearing, shall render a decision as to whether or not the permit shall be revoked. Said decision shall be in writing, shall state specific reasons thereof, and that the decision to revoke shall become effective upon mailing to the person's address as shown on the permit application form. A decision to revoke a permit shall state that the permit holder has ten (10) calendar days to appeal by filing a written notice of appeal with the City Clerk, pursuant to Section 2-53 of this Code.
(Ord. No. 06-6)
(a) Any person aggrieved by the action or decision of the Police Chief to deny, or of the hearing officer to revoke a permit applied for or held under the provisions of this article shall have the right to appeal such action or decision to the City Manager or his/her designee.
(Ord. No. 06-6)
(b) An appeal shall be taken by filing with the City Clerk within ten (10) calendar days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form, a written statement setting forth the grounds for the appeal. The filing of a timely appeal shall stay a revocation and reinstate the temporary suspension.
(Ord. No. 06-6)
(c) The appeal shall be heard de novo by the City Manager or his/her designee held at least five (5) business days after the appeal is filed. At the time of the hearing, the City Manager or his/her designee shall hear all relevant evidence and, after the close of the hearing, shall decide whether or not to revoke the permit. Said decision shall be in writing, state reasons thereof, and shall be mailed to the persons address as shown on the permit application form. The temporary suspension shall remain in force until the City Manager or his/her designee's decision is mailed.
(Ord. No. 06-6)
(d) The decision of the City Manager or his/her designee on the appeal shall be final and binding on all parties concerned.
(Ord. No. 06-6)
(e) If the applicant or permit holder does not file a timely notice of appeal pursuant to subsection (b) of this section, the permit holder shall have waived all rights to administrative remedy.
(Ord. No. 06-6)
Sec. 18-456. Claims of exemption.
Any person claiming to be legally exempt from the regulations set forth in this article, or from the payment the payment of a permit fee, shall cite to the Police Chief the statute or other legal authority under which exemption is claimed and shall present to the Police Chief proof of qualification for such exemption.
(Ord. No. 06-6)
Sec. 18-457. Violations and penalty.
(a) Violation of any of the provisions of this article may be either a misdemeanor punishable by a fine of not more than one thousand dollars ($1000.00) and/or imprisonment in the county jail for a period not to exceed six (6) months or an infraction punishable as follows: 1) A fine not exceeding one hundred dollars ($100.00) for the first violation; 2) A fine not exceeding two hundred dollars ($200.00) for a second violation; and 3) A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year.
(Ord. No. 06-6)
(b) In addition to any criminal enforcement, the City or any individual may pursue any available civil remedies deemed appropriate and necessary.
(Ord. No. 06-6)
Sec. 18-458. Conflicting ordinances repealed.
Any, ordinances or parts thereof, or regulations in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance shall control with regard to any provisions of the Municipal Code that may be inconsistent with the provisions of this Ordinance.
(Ord. No. 06-6)
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council has declared that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase thereof was declared unconstitutional, invalid or ineffective.
(Ord. No. 06-6)