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ORD 031ORDINANCE NO. 31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.28 OF THE LA QUINTA MUNICIPAL CODE, RELATING TO THE CITY'S BUSINESS LICENSING SYSTEM. The city council of the city of La Quinta does ordain as follows: SECTION 1. Chapter 3.28 of the La Quinta Municipal Code hereby is amended to read as follows: Chapter 3.28 BUSINESS LICENSES 3.28.010 Enforcement. 3.28.020 Business license required. 3.28.030 License subject to other regulations and fees. 3.28.040 False statements. 3.28.050 True names on reports. 3.28.060 Illegal occupations. 3.28.070 Refusing license. 3.28.080 Grounds for denial. 3.28.090 Real party in interest. 3.28.100 Grounds for revocation. 3.28.110 Forfeiture of fees. 3.28.120 New license. 3.28.130 Keeping insurance etc. in force. 3.28.140 Administrative enforcement. 3.28.150 Compliance with laws required. 3.28.160 License and penalties constitute debt to city. 3.28.170 Remedies cumulative. 3.28.180 Definitions. 3.28.190 Separate license for each place or type of business. 3.28.200 Information confidential. 3.28.210 Exemption --Generally. 3.28.220 Exemption --Charitable and non-profit organizations. 3.28.230 Exemption --Disabled veterans. 3.28.240 Exemption --Newspapers, magazines and periodicals. 3.28.250 Exemption --Businesses subject to franchise, etc. 3.28.260 Exemption --Limited income. 3.28.270 Fee adjustments required in cases of interstate commerce. 3.28.280 Application --Contents of license. 3.28.290 Statement of gross receipts. 3.28.300 Statements not conclusive. 3.28.310 Failure to file or correct statement. 3.28.320 Appeals. 3.28.330 Additional power of collector. 3.28.340 No license transferable; Amended license for changed location. 3.28.350 Duplicate license. 3.28.360 Posting and keeping licenses. 3.28.370 Method and time of payment. 3.28.380 Penalties for failure to pay fee when due. 3.28.390 License fees --Persons with fixed place of business in city. 3.28.400 License fees --Persons without fixed place of business in city. 3.28.410 License fees --Flat rate. 3.28.42.0 Coin operated machines. 3.28.430 Waiver or reduction of taxes or penalties by city council. 3.28.440 Rules and regulations. 3.28.010 Enforcement. (a) The city manager shall have the responsibility and power to enforce the provisions of this chapter, and the police chief shall render such assistance in the enforcement thereof as may from time to time be required. (b) The city manager or his designee, who may act through deputies or duly authorized assistants, may examine or cause to be examined, all places of business in the City to ascertain whether the provisions of this chapter have been complied with. (c) The city manager or his designee, who may act through deputies or duly authorized assistants, shall have the power and authority to enter, free of charge, at any reasonable time, any place of business required by the provisions of this chapter to be licensed and require an exhibition of the license certificate. Any person having such license certificate theretofore issued in his possession or under his control who wilfully fails to exhibit such certificate on demand shall be guilty of an infraction and subject to the penalties provided for by Section 1.01.230 of this Code. 3.28.020 Business license required. Subject to the provisions of this chapter, all businesses engaged in or carried on in the city shall pay annual business license fees in the amounts as provided in this chapter. It is unlawful for any person to commence, transact, engage in, or carry on any business in the city without first having obtained a valid license and paid the license fee therefor, or without complying with any and all applicable provisions of this chapter. Compliance with such requirements shall not be construed to be a condition precedent to engaging in any business or corporation within the city where the imposition of such a condition precedent would be contrary to law. 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. 3.28.030 License subject to other regulations and fees. Persons required to pay a license fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any fees for the privilege of carrying on any similar or related activity required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances. No person shall be entitled to a business license and -2- the collector shall not issue a business license to any person commencing business unless and until said person shall have com- plied with all applicable city ordinances. No license shall be issued covering any food or drink dispensing establishment, res- taurant, pet hospital, pet shop, veterinarian, or kennel services until the applicant has obtained clearance from the Riverside County department of health. 3.28.040 False statements. It shall be unlawful for any person knowingly to make any false statement in any applica- tion for a license pursuant to the provisions of this chapter. 3.28.050 _True names on reports. Every person making out any report or record required by the terms of this chapter or any copy thereof shall sign his true name and give the true name and correct address of the licensee. 3.28.060 Illegal occupations. A license granted pursuant to this chapter does not permit any occupation or activity of any kind which is prohibited by this Code or any other ordinance, or by any state statute, law, rule, order or regulation. 3.28.070 Refusing license. Before the city manager denies any license either new or renewal, unless a hearing already has been held, he shall notify the applicant in writing that he intends to deny the license, and that the applicant may request a hearing before the city manager within five (5) days after receipt of such notice. 3.28.080 Grounds for denial. (a) The city manager may refuse to issue a license to carry on any business, occupation or activity, if such business, occupation or activity has been, will be, or is apt to become any one or more of the following: (1) Prohibited by any local ordinance or by any State law, statute, rule or regulation. (2) A public nuisance. (3) In any way detrimental to the public interest. (4) Prohibited by zoning laws and ordinances. (b) A license may also be denied on the grounds that the applicant has knowingly made a false statement in a material matter either in his application or in his testimony before the city manager or other body hearing such testimony. 3.28.090 Real party in interest. The city council, city manager, police department official, or other appropriate officer or body may examine under oath any applicant to determine who is the real party in interest in the business, occupation or exhibi- tion for which a license is sought. If the city council or other body or official having jurisdiction is satisfied that the applica- tion is not in the interest of the person in whose name the appli- cation is made, it may deny the license. If the city council or or such other body or official finds that the application is in the interest of one whose license has been revoked or who has been refused a license, it may treat the application as though made by the real party in interest, and the application shall have the same -3- effect against any future applications as if it had been made in the name of the real party in interest. 3.28.100 Grounds for revocation. A license may be revoked on any one or more of the following grounds: (a) Any facts exist upon which a denial of such license would be authorized. (b) The licensee, or any agent or employee of the licensee has been convicted of violating any of the terms of this chapter, of any regulation imposed pursuant thereto, or of any law, statute, rule, order or regulation of the state, now or hereafter in force regula- ting the occupation or other activity for which the license was issued. (c) The licensee obtained the license by fraudulent misrepre- sentations. (d) If the license authorizes engaging in the business of repairing any property, such as radios, television, or vehicles, the licensee,or any agent or employee of the licensee has stolen, or been convicted of the theft of, such property or any part thereof. (e) The licensee has been guilty of, or has been convicted of, fraud, false advertising or other misrepresentation, including misstatement of the work done, such as (1) the installation of old, or second hand parts and the charging for new parts, or (2) charging for parts not installed or any other misdealing, dishonesty, or willful failure to comply with the terms of any contract made as a part of the exercise of the occupation or activity licensed. (f) The mutilation of any serial number, engine number, or other number or identifying mark on any property of other persons, handled by the licensee in the course of the licensed business. (g) Conspiracy with any person to do anything described in paragra hs b, c, d, e, or f of this section. (h� The failure or refusal of the licensee to notify the city manager of any material change in facts concerning the license within thirty days after such change. 3.28.110 Forfeiture of fee. On revocation of the license, no part of the money in the hands of the City shall be returned, but the license fee shall be forfeited to the City. 3.28.120 New license. When a license of any person is revoked for cause, no new or other license for the same or a similar business shall be granted to the same person within six months after such revocation. 3.28.130 Keeping insurance etc. in force. (a) Whenever this Code requires the applicant for any license or permit to pro- cure, post, or maintain in effect any bond, undertaking, deposit, surety, or policy of insurance, any license or permit so issued shall be in good standing only when such bond, undertaking, deposit, surety, or policy of insurance is in full force and effect. Such license or permit shall be automatically suspended without notice at any time such bond, undertaking, deposit, surety, or policy of insurance is not in full force and effect. (b) If a new bond, undertaking, deposit, surety, or policy of insurance acceptable to the city manager is filed before the cancellation or expiration of the old one becomes effective, the license or permit will continue in full force. 3.28.140 Administrative enforcement. (a) Authority of the city manager. The city manager, upon a hearing after giving The licensee five (5) days' notice of the grounds for revocation or suspension, and the time and place of the hearing, and requiring him to show cause why his license should not be revoked, may revoke or suspend any one or more of the licenses held by such licensee. Within three (3) days after his decision, the city manager shall notify the licensee thereof. (b) Appeals to the council. Any person aggrieved by the decision of the city manager may apppeal therefrom to the council in the manner provided in Section 2.N .100 to 2.04.130. (c) Failure to appeal. In the event no appeal is taken by the licensee, the decision of the city manager revoking or suspending such license shall become final and conclusive on the expiration of the time fixed for an appeal. 3.28.150 Compliance with laws required. The payment of a license fee as required by the provisions of this chapter, and its acceptance by the city, and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he has complied with all the requirements of this Code and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law. 3.28.160 License and penalties constitute debt to city. The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction, for the amount of any delinquent license fee and penalties. 3.28.170 Remedies cumulative. All remedies prescribed under this chapter 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 of this chapter. 3.28.180 Definitions. For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows: (a) "Business" means professions, trades, occupations, gainful activities, and all and every kind of calling whether or not carried on for profit. (b) "City" means the City of La Quinta, a municipal corpora- tion of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorpor- ated form. (c) "Collector" means the city manager, or other city officer or employee charged with the administration of this chapter. (d) "Gross receipts" means the total amount of the sale price -5- of all sales and the total amount charged or received for the per- formance 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 or in connection with the sale of materials, goods, wares, or merchandise. Gross receipts, as used in this chapter, shall mean the gross receipts of the year preceding the beginning of the annual license period. Included in gross receipts shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service, costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts shall be the following: (1) Cash discounts allowed and taken on sales; (2) Credit allowed on property accepted as part of the purchase price and which property may later be sold; (3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; (4) Such part of the sale price returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; (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 and provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them; (6) That portion of gross receipts which has been the measure of a license tax paid to any other city for sales transacted outside the city. (e) "Peddler" means any hawker, vendor, or other person who goes from house to house or from place to place or in or along the streets within the city selling and making immediate delivery or offering for sale and immediate delivery any goods, wares, merchan- dise or any thing of value in his possession to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities. (f) "Person" means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common-law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee. (g) "Solicitor" means a person engaged in soliciting, canvassing, or taking orders from house to house or from place to place or by telephone or by any other means of communication for any goods, wares, merchandise, or any article to be delivered in the future or for services to be performed in the future or making, manufacturing, or repairing any article whatsoever for future delivery or for subscriptions to periodicals or tickets of admission to entertainments or memberships in any clubs. (h) "Sworn statement" means an affidavit sworn to before a person authorized to take oaths or a declaration or certification made under penalty of perjury. .28.190 Separate license for each place or tvne of business. 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 desig- nated in such license; provided that warehouses and distributing M plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be sepa- rate places of business or branch establishments; and provided further that 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 fee 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 payment on such gross receipts except that a license fee of three dollars for each additional branch, location, or type of business shall be paid. 3.28.200 Information confidential. The collector or any of his authorized representatives shall not 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 fee under the provi- sions of this chapter or to divulge 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 other document relating thereto which contains specific information as to the amount or source of income or expenditures of any person obtaining a license to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent the disclosure to or examination of records by another city agent for the sole purpose of administering or enforcing any of the provisions of this chapter or auditing of accounts of the collector, federal or state officials, or a grand jury or court of law upon subpoena or in a proceeding to determine the existence or amount of any license fee liability of the particular licensee to the city; nor shall the disclosure of the names and addresses of persons to whom licenses have been issued and the general type of their business be prohibited here- under, together with general statistics regarding business fees collected or business done in the city. 3.28.210 Exemption --Generally. Nothing in this chapter 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 of California. Any person claiming an exemption pursuant to this chapter shall file a sworn statement with the collector stating the facts upon which exemption is claimed and shall furnish such information and verification as may be required. In the absence of such statement substantiating the claim, such person shall be liable for the payment of the license fee imposed by this chapter. 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 in this chapter. 3.28.220 Exemption --Charitable and non-profit organizations. The provisions of this chapter shall not be deemed or construed to -7- require the payment of a license fee to conduct, manage or carry on 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; nor shall any license fee be required for the conducting of any enter- tainment, concert, exhibition, or lecture on scientific, historical, literary, religious or moral subjects within the city whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license fee be required for 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 any such entertainment, dance, concert, exhibition or lecture 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; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from com- plying with any of the provisions of this Code requiring a permit from the city council or any commission or officer to conduct, manage, or carry on any profession, trade, calling or occupation. 3.28.230 Exemption --Disabled veterans. No license fee payable hereunder shall be payable by any person who has received an honorable discharge or release from active duty in one of the United States armed services, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this state. 3.28.240 Exemption --Newspapers, magazines and periodicals. The provisions of this chapter shall not apply to the publication or sale of newspapers, magazines or other periodicals regularly issued at average intervals not exceeding three months. 3.28.250 Exemption --Businesses subject to franchise, etc. No business license shall be required of any public utility or other service organization which pays to the city a fee or tax under a franchise or similar agreement. 3.28.260 Exemption --Limited income. No business license shall be required of a person doing business and drawing social security benefits whose ross receipts do not exceed the maximum income allowed by Title �2, U.S. Code, Sections 403 (f) (3), as presently written or as amended. 3.28.270 _ Fee adjustments required in cases of interstate commerce. None of the license fees provided for herein 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 Constitution of the United States and the state. In any case where a license fee 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 an adjustment of the fee. Such application may be made before, at, or within six months after payment of the pre- scribed license fee. The applicant shall, by sworn statement and supporting testimony, show his 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 deter- mine 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, shall fix as the license fee for the applicant, an amount that is reasonable and non-discriminatory; or if the license fee has already been paid, shall order a refund of the amount over and above the license fee so fixed. In fixing the license fee to be charged, the collector shall have the power to base the license fee upon any measure which will assure that the license fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license fee as pre- scribed by this chapter. The collector may require the applicant to submit, either at the time of termination of applicant's business in the city, or at the end of each three-month period, a sworn state - of the gross incomes from local sources upon which a license fee adjustment may be based; provided that no additional license fee 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 chapter. 3.28.280 Application --Contents of license. Every person required to have a license under the provisions of this chapter shall make application for the same to the collector, and upon the payment of the prescribed license tax the collector shall, if appropriate, issue to such person a license which shall contain (1) the name of the person to whom the license is issued, (2) the business licensed, (3) the place where such business is to be transacted and carried on, (4) the date of the expiration of such license, and (5) such other information as may be necessary for the enforcement of the provisions of this chapter. .28.290 Statement of gross receipts. In all cases where the amount of the license fee to be paid is measured by gross receipts, the applicant for license shall furnish to the collector a sworn statement setting forth such information as is required and as may be necessary to determine the amount of the license fee to be paid by the applicant. Upon making application for the first license to be issued hereunder, or for a newly established business, a person shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license fee to be paid by the applicant. The applicant for the renewal of a license shall submit to the collector a sworn statement 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 fee to be paid by the applicant. 3.28.300 Statements not conclusive. 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 books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. An inspection of books and records shall be made only when the city manager has determined that there is substantial necessity to do so in order to properly administer this chapter. All licensees, applicants for licenses, and persons engaged in business in the city are hereby required to permit an examination of such books and records for the purposes aforesaid. 3.28.310 Failure to file or correct statement. 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, the collector may determine the amount of license fee due from such person by means of such information as he may be able to obtain. 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, 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 city clerk for a hearing on the amount of the license fee. If such application is made, the city clerk shall cause the matter to be set for hearing before the city council. The city clerk 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. 3.28.320 Appeals. Any person aggrieved by any decision of the collector or of any other city officer made pursuant to this chapter may appeal to the city council pursuant to the provisions of Sections 2.04.100 to 2.04.130 of this Code. 3.28.330 Additional power of collector. In addition to all other power conferred upon him, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the council, to compromise any claims as to amount of license tax due. 3.28.340 No license transferable; Amended license for changed location. No license issued pursuant to this chapter shall be transferable; provided, that where a license is issued -10- authorizing a person to transact and carry on a business at a par- ticular place, such licensee may upon application therefor and paying a fee of ten ($10.00)dollars have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved. 3.28.350 Duplicate license. A duplicate license may be issued by the collector to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing a statement of such fact and, at the time of filing such statement, paying a duplicate license fee of five ($5.00) dollars. 3.28.360 Posting and keeping licenses. All licenses shall be. kept and posted in the following manner: (a) Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on. (b) Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting and carrying on such business in the city. (c) Any licensee using a motor vehicle in connection with his business shall affix on the vehicle in a location prescribed by the city manager, a decal or tag, to be furnished by the city, showing that a current license has been issued. 3.28.370 Method and time of payment. Unless otherwise specifically provided, all annual license fees shall be due and payable in advance in full on the first business day of January of each year. Quarterly payments shall be made on the first day of the first, fourth, seventh and tenth months of the license term. Quarterly payments may be made only during the 12-month period following the issuance of the initial license, unless otherwise specifically allowed by other provisions of this chapter. 3.28.380 Penalties for failure to pay fee when due. For failure to pay a license fee when due, the collector shall add a penalty of ten percent (10%) of such license fee on the first day of each succeeding month after the due date thereof; provided, however, the amount of such penalty to be added shall in no event exceed fifty percent (50%) of the amount of the license fee due. 3.28.390 License fees --Persons with fixed place of business in city. Every person who engages in business at a fixed place of business within the city shall pay a license fee based upon gross receipts at the following rates and in the following classifications: GROSS RECEIPTS RANGE Class A Class B Class C 0 -- 25,000 $ 15.00 $ 18.00 $ 21.00 25,000 -- 50,000 25.00 30.00 36.00 50,000 -- 100,000 30.00 36.00 43.00 100,000 -- 250,000 46.00 55.00 66.00 250,000 -- 500,000 76.00 90.00 108.00 500,000 -- 750,000 114.00 135.00 162.00 -11- GROSS RECEIPTS RANGE Class A Class B Class C 750,000 -- 1,000,000 1,000,001 -- 2,000,000 i 2,000,001 -- 3,000,000 3,000,001 -- 4,000,000 4,000,001 -- 5,000,000 5,000,001 -- 10,000,000 10,000,001 and up 150.00 180.00 400.00 500.00 500.00 625.00 600.00 750.00 700.00 875.00 1,000.00 1,250.00 1,500.00 1,875.00 CLASSIFICATIONS Class A Automobile repair and services Laundry, dry cleaning and garment services Manufacturing Retail trade Wholesale trade Class B 216.00 600.00 750.00 900.00 1,050.00 1,500.00 2,250.00 Amusement and recreation services, including motion pictures Architectural services Automotive sales Barbers and hairstylists Beauty shops Engineering services Landscape and horticultural services Operators , rentors and lessors of commercial property Services to buildings All other persons engaged in business not specifically listed elsewhere in this chapter. Class C Accounting, auditing and bookkeeping services Financial services Insurance brokers and services Legal services Management and public relations services Medical and health services Real estate agents, brokers, managers and services 3.28.400 License fees --Persons without fixed place of business in city. Every person not having a fixed place of business within the city and not being otherwise licensed or classified in this chapter, { who delivers any service by the use of vehicles in the city, except -12- general and special construction contractors, shall pay a license fee as follows: Capacity Rate per Not exceeding one-half ton . . . . . . . . . $ 15.00 One-half to 2 ton . . . . . . . . . . . . . . 25.00 Over 2 ton to 3 ton . . . . . . . . . . . . . 50.00 Over 3 ton . . . . . . . . . . . . . . . . . 75.00 Every person not having a fixed place of business within the city who engages in business within the city and is not subject to the provisions of this section shall pay a license fee at the same rate prescribed in this chapter for persons engaged in the same type of business from and having a fixed place of business within the city. 3.28.410 License fees --Flat rate. Every person transacting and carrying on the businesses enumerated in this section shall pay a license fee as follows: ADVERTISING. (a) Billboards, signs not fixed on places of business: $100 per structure or sign. (b) Distributing handbills: $100 annually, or $50 monthly or $25 daily. (c) Sound trucks: $200 annual fee per truck, or $50 daily fee per truck. (d) Klieg lights: $150 per year per light, or at licensee's option, $15 per day per light. AUCTIONEERS. Auctioneers not having a fixed place of business in the city, $250 per year, or at the option of the licensee, $25 per day. CARNIVALS, FAIRS. $200 for the first day and $150 for each additional day, for the first ten or fewer concessions; plus $30 for the first day and $20 for each additional day for each concession in excess of ten. For the purpose of this section, "concession" shall be any amusement ride, booth, exhibit, stall, tent, trailer, or stand which charges any fee for the ride, service or product offered. CIRCUSES. $200 per day. COMMERCIAL FILMING. On city streets or other city property, as follows: Persons Employed at Location Rate per Day 1 -- 3 $ 100.00 4 -- 6 200.00 7 -- 9 400.00 10 and over 600.00 -13- Traffic -control costs or any additional costs as required by the chief of police shall be paid entirely by the applicant. CONTRACTORS. Every person engaged in the business of contracting which requires a State contractors' license shall pay a business license fee as follows: (a) General Contractors . . . . . . . . . $ 100 annual fee. (b) Subcontractors. . . . . . . . . . . . $ 50 annual fee. (c) Business licenses for general contractors and subcontractors may be obtained semi-annually. LIVING ACCOMMODATIONS. Every person transacting or engaged in the rental of four or more dwelling units in any apartment house, roominghouse, houses for rent, or other living accommodations shall pay an annual fee of $12 per unit, provided that hotels and motels shall be on the gross receipts basis, Class B. MOBILEHOME, TRAILER AND RECREATIONAL VEHICLE PARKS. $12 per space per year. PEDDLERS OR SOLICITORS. (a) Principal ..... $200 annual fee. (b) Each additional solicitor or peddler .... $ 10 quarterly. SALES REPRESENTATIVES. Every person engaged in the business of solicitor of order for sales or services by a rationally franchised - business (such as AVON) wherein solicitation only occurs by previous appointment, shall pay a business license fee of $25 per year. TAXICABS. (a) Taxicab operator's license ..............$ 60 annual fee. (b) Taxicab vehicles, per vehicle ........... $ 25 annual fee. 3.28.420 Coin operated machines. Every person operating one or more vending machines, coin operated amusement device, shuffleboard, juke box or other similar device, shall pay a license fee based on the entire gross receipts from all of such machines operated within the corporate limits of the city in accordance with the schedule set forth in Section 3.28.390, Class B. 3.28.430 Waiver or reduction of taxes or penalties by city council. The city council, for good and satisfactory cause shown, may order the issuance of a license for less than the fees herein provided or without the payment of any fee whatsoever. 3.28.440 Rules and regulations. The collector may make such rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to supplement or clarify such provisions or aid in their enforcement. Such rules and regulations shall be known as "Business License Rules and Regulations," shall be placed in written form and numbered consecu- tively, and shall be approved by the city attorney before becoming effective. A copy of each such "Business License Rules and Regulations" -14- shall be filed with the city manager and with the city clerk. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any license granted hereunder. SECTION 3. EFFECTIVE DATE. This Ordinance, being one which relates to taxes for the usual and current expenses of the city, shall take effect immediately upon its passage. SECTION 4. POSTING. The city clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held this 7th day of June , 1983. AYES: Council Members Allen, Cox, Henderson, Wolff and Mayor Baier. NOES: None. ABSENT: None. ATTE T• CI RK APPROVED AS TO FORM: TY ATTORNEY MAYOR APPROVED AS TO CONTENT: ITY .N ER I hereby certify that the foregoing ordinance was adopted by the City Council of the City of La Quinta, California, at a meeting held June 7, 1983, and that such Ordinance was posted in at least three public places specified for such postings by the City Council. Fr n M. Us r, i Clerk