ORD 303ORDINANCE NO. 303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
AMENDING CHAPTER 3.28 RELATING TO BUSINESS LICENSES,
ADDING TO AND AMENDING SECTION 3.28.180 (DEFINITIONS) AND
AMENDING SECTION 3.28.370 (METHOD AND TIME OF PAYMENT)
WHEREAS, Chapter 3.28 of the La Quinta Municipal Code (the "Code") sets
forth general rules relating to business licenses made by the City of La Quinta (the
"City"); and
WHEREAS, the City believes that in order to serve the business community and
provide more ease in the administration of the business licenses the procedures, as
amended, will still protect the best interests of the citizens of the City of La Quinta.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
Section 1. Amend the following Section of Chapter 3.28 of the La Quinta
Municipal Code as follows:
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 corporation of the
State of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated 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 of all
sales and total amount charged or received 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 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 calendar
year preceding the beginning of the annual license period.
Included in gross receipts shall be all receipts, cash, credits, and
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Page No. 2
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,
merchandise or anything 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. "Renewal date" means the day ending the 12 month period after
the license issuance date.
H. "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
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Page No. 3
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.
"Sworn statement" means an affidavit sworn to before a person
authorized to take oaths or a declaration or certification made
under penalty of perjury. (Ord. 31 § 1 (part), 1983: Ord. 16 § 1
(part), 1982)
Section 2. Amend the following Section of Chapter 3.28 of the La Quinta
Municipal Code as follows:
3.28.370 Method and time of payment.
Unless otherwise specifically provided, all annual licenses fees shall be
due and payable in advance in full on the first business day of the
renewal date of each year.
Section 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
Section 4. POSTING: The City Clerk shall cause this Ordinance to be posted in
at least three 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 into the Book of Ordinances
of the City of La Quinta.
PASSED, APPROVED AND ADOPTED, this 151h day of April, 1997 by the
following vote:
AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tem Perkins
NOES: None
ABSENT: Mayor Holt
ABSTAIN: None
RON PERKINS, Mayor Pro Tem
City of La Quinta, California
Ordinance No. 303
Page No. 4
AT ST:
AUNDRA L. JUH A, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEY ELL, City Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true and correct copy of Ordinance No. 303 which
was introduced on the 1" day of April, 1997 and was adopted at a regular meeting
held on the 151h day of April, 1997 not being less than 5 days after date of
introduction thereof.
I furrier certify that the foregoing ordinance was posted in three (3) places within the
Cit f La Quinta,;s specified in a resolution of the City Council.
9AUNDRA L. JDMLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, S NDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
ce if that the foregoing ordinance was posted on June 5, 1997 pursuant to City
C u it Relutio
SAUNDRA L. JLMOLA, City Clerk
City of La Quinta, California