ORD 529ORDINANCE NO.529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA .QUINTA, CALIFORNIA, AMENDING SIX CHAPTERS OF
MUNICIPAL CODE TITLE 3, ADDING CHAPTER 3.15 AND
DELETING CHAPTERS 3.19, 3.30, AND 3.32
WHEREAS, Title 3 of the Municipal Code contains the chapters that address
revenue and finance matters, and;
WHEREAS, a comprehensive review of Title 3 was undertaken to examine each
chapter for accuracy, relevance, streamlining, straight -forward language, and
compliance with State law, and;
WHEREAS, amendments to several chapters of Title 3 are needed as a result of
the comprehensive review to update the Municipal Code,
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 3.08 INVESTMENT OF MONEYS AND FUNDS shall be amended
as written in Exhibit A attached hereto.
SECTION 2. CHAPTER 3.12 PURCHASES shall be retitled PURCHASE AND CONTRACTS
and amended as written in Exhibit A attached hereto.
SECTION 3. CHAPTER 3.14 AUTHORIZATION OF SIGNATURES FOR CITY WARRANTS
shall be amended as written in Exhibit A attached hereto.
SECTION .4. CHAPTER 3.15 DEMANDS FOR PAYMENT shall be added as written in
Exhibit A attached hereto.
SECTION 5. CHAPTER 116 DEMANDS AND CLAIMS shall be retitled CLAIMS FOR
MONEY OR DAMAGES and amended as written in Exhibit A attached hereto.
SECTION 6: CHAPTER .3.18 SPECIAL GAS TAX STREET IMPROVEMENT FUND shall be
amended as written in Exhibit A attached hereto.
SECTION 7. CHAPTER 3.19 SPECIAL TAX FOR FIRE PROTECTION AND PREVENTION
shall be deleted in its entirety.
SECTION 8. CHAPTER 3.28 BUSINESS LICENSES shall be amended as written in Exhibit
A attached hereto.
SECTION 9. CHAPTER 3.30 PUBLIC WORKS CONTRACTS shall be deleted in its entirety.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 2
SECTION 10. CHAPTER 3.32 SERVICE CONTRACTS shall be deleted in its entirety.
SECTION 11. SEVERABILITY. The City Council declares that, should any provision,
section, paragraph, sentence or word of this ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences or
words of this ordinance as hereby adopted shall remain in full force and effect.
SECTION 12. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
days after its adoption'.
SECTION 13. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it 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, at a regular meeting of the La Quinta City
Council held this 20th day of October 2015 by -the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
4
LINDA EVANS, Mayor
City of La Quinta; California
ATTEST:
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SUSAN MAYSELS, City Cler
City of La Quinta, California
(CITY SEAL)
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 3
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 4
EXHIBIT A
Chapter 108
INVESTMENT OF MONEYS AND FUNDS
3.08.010 Investment of city moneys and deposit of securities.
Pursuant to, and in accordance with, and to the extent allowed by Sections 53607 and
53608 of the California Government Code, the authority to invest and reinvest moneys
of the city, to sell or exchange securities, and to deposit them and provide for their
safekeeping, is delegated to the city treasurer, which, for purposes of this chapter, is
defined in section 2.12.010 of this code.
3.08.020 Authorized investments.
Pursuant to the delegation of authority in Section 3.08.010, the city -treasurer is
authorized to purchase, at their original sale or after they have been issued, securities
which are permissible investments under the city council -adopted city, investment
policy and any provision of state law relating to the investing of general city funds,
including but not limited to Sections 53601.and 53635 of the California Government
Code, as said sections now read or may hereafter be amended, from moneys in the'
city treasurer's custody which are not required for the immediate necessities of the
city and as s/he may. deem wise and expedient, and to sell or exchange for other
eligible securities and reinvest the proceeds of the securities so purchased.
3.08.050 Reports.
The city treasurer shall make a quarterly report to the city council of all investments
made pursuant to the authority delegated in this chapter and as permitted by Section
53646(b)(1) of the Government Code.
3.08.060 Deposits of securities.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is
authorized to deposit for safekeeping, the securities in which city moneys have been
invested pursuant to this chapter; in any institution or depository authorized by the
city council adopted investment policy and terms of any -state law, including but not
limited to Section 53608 of the Government Code, as it now reads.or may hereafter be
amended. In accordance with said section, the city treasurer shall take from the
institution or depository a receipt for the securities so deposited and. shall .not be
responsible for the securities delivered to and receipted for by the institution or
depository until they are withdrawn therefrom by the city treasurer.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 5
Chapter 3.12
PURCHASES, CONTRACTS AND SURPLUS
3.12.010 Purchasing system.
In order to establish efficient procedures for the purchase of supplies, equipment and
services at the lowest possible cost commensurate with quality needed, to exercise
positive financial control over purchases, to clearly define authority for the purchasing
function and to assure the quality of purchases, the purchasing system is established
by the ordinance enacting. this chapter and shall be set forth in the purchasing and
contracting policies and procedures resolution adopted by the city council as
amended from time to time.
3.12.020 Service contracts.
A. Solicitation and selection of firms to provide professional services that primarily
rely on the knowledge, experience and professional judgment of the provider, such as
legal or financial advisors and CPAs, architectural, engineering, environmental, land
surveying, construction project management, and- the like shall be on the basis of
demonstrated competence and on the professional qualifications necessary for the
satisfactory performance of the services required and on fair and reasonable prices.
B. Solicitation and selection of firms to provide professional services that are of a
technical nature such as real estate appraisals, plan check, housing or other program
management, software or video services, marketing and advertising services, art,
personnel development, and the like shall be on the basis of the most advantageous
proposal after consideration of qualifications, demonstrated competence, cost,
delivery time, and other factors.
C. The specific procedures, rules and regulations governing the solicitation and
selection of firms to provide services are those set forth in the purchasing and
contracting policies and procedures resolution adopted by the city council as
amended from time to time.
3.12.030 Public works contracts
A. Contracts for public works projects, which, for purposes of this chapter, are
"public projects" as defined in Section 20161 of the California Public Contract Code,
shall be awarded to the lowest responsive and responsible bidder.
B. The specific procedures and rules governing the solicitation of bids and award
of contracts for public works projects are those set forth in the purchasing and
contracting policies and procedures resolution adopted by the city council as
amended from time to time.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 6
C. Except when federal or state law governs a public works project that must
conform to federal or state requirements, as applicable, for the solicitation and
awarding of public works contracts, the requirements set forth in the purchasing and
contracting policies and procedures resolution adopted by the city council shall govern
contracts for public works.
3.12.040 Prevailing wage requirement.
A. This section applies to "public works" as defined in California Labor Code
Section 1720 through 1743, as may be amended and including the exceptions set
forth therein.
B. For public works contracts for construction work over twenty-five thousand
dollars ($25,000) and for alterations, demolition, repair or maintenance work over
fifteen thousand dollars ($15,000), entered into, or extended on or after January 1,
2015, the city shall require compliance with California Labor Code Sections 1770
through 1782 as may be amended from time to time.
3.12.050 Contract incentives.
Contracts for public works projects, supplies and equipment and services may include
monetary or other incentives for superior performance or early completion/delivery of
the work, goods or service.
3.12.060 Surplus supplies and equipment; trade-ins; sales and donations
All using departments shall submit to the city manager or his/her designee, at such
times and in such forms as s/he shall prescribe, reports showing all supplies and.
equipment which are no longer used or which have become obsolete and worn out, in
accordance with the surplus policies and procedures resolution adopted by the city
council as amended from time to time. The city council or the city manager, or his/her
designee, shall have the authority to transfer, dispose, donate, and otherwise address
surplus supplies and equipment in accordance with the surplus policies and
procedures resolution adopted by the city council as amended from time to time.
Chapter 3.14
AUTHORIZATION OF SIGNATURES FOR CITY WARRANTS
3.14.010 Authorization of signatures for city warrants.
All city warrants require the signatures of two city officers. The following four city
officers are authorized to sign city warrants: mayor, mayor pro tem, city manager and
finance director. The finance director is authorized to use facsimile, digital or
electronic signatures in the preparation of city warrants.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 7
Chapter 3.15
DEMANDS FOR PAYMENT
3.15.010 Purpose.
It is the purpose of this chapter to describe procedures for the processing and
payment of demands, bills, and other claims against the city arising out of purchase
orders and contracts, including bills for labor, materials and supplies furnished; but not
including payroll or claims for money or damages covered by chapter 3.16.
3.15.020 Auditing prerequisite to payment.
No payment shall be made from the city treasury or out of the funds of the city unless
the demand which is to be paid is duly audited as prescribed in sections 3.15.040 and
3.15.050 of this chapter or by other provisions of law.
3.16.030 deleted
3.15.040 Audit and approval by receiving department.
Except for tort claims, every demand received against the city shall first be presented
to and approved in writing by the receiving department or office, which shall certify to
the actual delivery or rendition of the supplies, materials, property or service for which
payment is demanded; that the quality and prices correspond with the original
specifications and contracts, if any, upon which the demand is based; that the
demand in all other respects is proper and valid, and which shall further indicate the
budgetary account to which the demand: is to be charged.
3.15.050 Audit and approval by director of finance.
Each demand approved by the receiving department or office shall be presented to
the director of finance who shall satisfy him/herself whether:
A. The demand is legally due and owing by the city;
B. There are budgeted or otherwise appropriated funds available to pay the demand;
C. The demand conforms to a valid requisition or order;
D. The prices and computations shown on the demand are verified;
E. The demand. contains the approval of other departments and officials as required.
3.15.060 Prepayment of demands.
A. As provided by Section 37208 of the California Government Code, (1) payroll
warrants or checks need ,not be audited by the city council prior to payment.
Payrolls shall be presented to the city council for ratification and approval at the
first meeting after delivery of the payroll warrants or checks, (2) warrants or checks
drawn in payment of demands certified or approved by the director of finance as
conforming to a budget approved by resolution of the city council need not be
audited by the city council prior to payment, and (3) notwithstanding items (1) and
(2), budgeted payrolls and demands paid by warrants or checks may be presented
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 8
to the city council for ratification and approval in the form of an audited
comprehensive annual financial report.
B. Whenever the` director of finance determines that a refund is due of fees, taxes or
other receipts collected in error or in advance of being earned, or of money the
refund of which is otherwise due pursuant to specific provisions of this code or of
any other ordinance of this city, then any such refund shall be deemed as
conforming to the currently approved budget, and may be prepaid in the same
fashion as other demands encompassed within the terms of subsection A of this
section.
3.15.070 Approval of the register of demands.
Following audit of demands, the director of finance shall prepare a register of audited
demands showing the claimant's name, amount of demand, the warrant number and
date thereof, and transmit the register to the city manager for his/her review and
approval. The register of demands shall be presented to the city council to receive,
review and file at the next regular meeting thereof.
. Chapter 3.16 ,
CLAIMS FOR MONEY OR DAMAGES
3.16.010 Claims for money or damages.
As a prerequisite to bringing suit thereon against the city or any officer, department;
commission or board of the city, any claim for money or damages (including claims
which would otherwise be excepted by Section 905 of the Government Code) which is
not governed by any other statutes or regulations expressly relating thereto, shall be
presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910), of the
Government Code as those provisions now exist or shall hereafter be amended.
This section shall relate only to the bringing of suit upon any claim, and shall not be
deemed to apply to the authority of the director of finance, the city council, and other
officers to process and pay, in the ordinary course of business, the just obligations of
the city, such as routine salaries and wages, principal and interest on bonds,
payments for purchases and services, and other like expenditures for which there is an
express budget appropriation, and in connection with which there is no dispute as to
the obligation and amount being payable.
3.16.020 Authorization to act on claims.
In accordance with Section 935.4 of the California Government Code, the city council
may authorize an employee of the city to perform.the claim procedures and functions
of the city subject to the limitation contained therein that the employee's ability to
allow, compromise, or settle a claim against the city shall not exceed $50,000 as that
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 9
amount may be amended from. time to time by Section 935.4 of the California
Government Code or successor statute, and also subject to the claim processing
policies and procedures adopted by resolution of the city council as may be amended
from time to time.
. Chapter 3.18
SPECIAL GAS TAX STREET IMPROVEMENT FUND
3.18.010 Created.
To comply with the provisions of Section 2113 of the California Streets and Highways
Code and to avail the city of the benefits of Sections 2106 and 2107 of the California
Streets and Highways Code, there is created by ordinance a special fund in the city
treasury to be known as the special gas tax street improvement fund.
3.18.020 Moneys included.
All moneys received by the city from the state under the provisions of the California
Streets and Highways Code for the acquisition of real property or interests therein, or
for engineering, or for the construction, maintenance and improvement of streets or
highways by the city shall be paid into the fund.
3.18.030 Expenditures.
All moneys in the fund shall be expended exclusively for the purposes authorized by
and subject to the provisions of the California Streets and Highways Code.
3.18.040 Fund Interest
To comply with the provisions of Section 2113 of the California Streets and Highways
Code, interest received by the city from the investment of money in the special gas tax
street improvement fund shall be deposited in the fund and shall be used for street
purposes.
DELETE: Chapter 3.19
CDEXIAI TAX FOR FIRE PROTECTION AND DDIPIP111�11�1
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 10
Chapter 3.28
BUSINESS LICENSES
3.28.010 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 L.a Quinta, a charter city and 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 by the city manager.
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" applyy to all such sales made in a fixed
place of businesses within the city or without a fixed place of business in the city
but from the delivery of any product or service to a location within the city. "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 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 business license
paid to any other city for sales transacted outside the -city.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 11
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/her possession to persons other
than manufacturers, wholesalers, jobbers or retailers in such commodities.
F. "Person" means all domestic and foreign corporations and limited liability
companies, associations, syndicates, joint stock corporations, partnerships of every
kind, clubs, business and business entity of every kind, 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 date listed for renewal on the permit.
H. "Solicitor" means a person engaged in soliciting, canvassing, or taking orders from
house to house or from place to place or by telephone, internet 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.
I. "Sworn statement" means an affidavit sworn to before a person authorized to take
oaths or a declaration or certification made under penalty of perjury.
3.28.020 Enforcement.
A. The collector 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 collector 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 collector 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 who willfully 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.
3.28.030 Business license required.
Subject to the provisions of this chapter, all businesses engaged in or carried on in the
city shall pay for an annual business license in the amounts as provided in this chapter
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 12
except where specific provisions are made for daily, monthly, quarterly or semi-annual
payments pursuant to Sections 3.28.320 and 3.28.330 of this chapter. It is unlawful
for any person to initiate, transact, engage in, or carry on any business in the city
without first having obtained and paid for a valid business license, or without.
complying with any and all provisions of this chapter applicable to that business.
When any person shall by use of signs, circulars, cards, telephone book, electronic
media or newspapers, advertise, hold out, or represent that s/he is in business in the
city, or when any person holds an active license or permit issued by a governmental
agency indicating that s/he is in business in the city, and such person fails to deny by a
sworn statement given to the collector that s/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 s/he is conducting a business in the city.
3.28.040 License subject to other regulations and fees.
Persons required to obtain and pay for a business license 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 the collector shall
not issue a business license to any person commencing business unless and until said
person shall have complied with all applicable city ordinances. No license shall be
issued covering any food or drink dispensing establishment, restaurant, pet hospital,
pet shop, veterinarian, or kennel services until the applicant has obtained applicable
permits and licenses from the Riverside County department of health, and if
applicable, from the State Alcoholic Control Board. No person. shall be issued a
business license without first obtaining a State Board of Equalization Seller's permit, if
applicable, and adding the City of La Quints as a sublocation. No license shall be
issued covering the sale of firearms until the applicant has obtained applicable
permits and licenses from the Riverside County Sheriffs department.
3.28.050 False statements.
It shall be unlawful for any person knowingly to make any false statement in any
application for a license pursuant to the provisions of this chapter.
3.28.060 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/her true name and give the true name and correct
address of the licensee.
3.28.070 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 or
federal statute, law, rule, order or regulation.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 13
3.28.080 Grounds for denial.
A. The collector 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 or federal law, statute, rule or
regulation;
2. A public nuisance;
3. In anyway 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/her application or in
his/her testimony before the city manager or other body hearing such testimony.
3.28.090 Real party in interest.
The city council, city manager, collector, police department official, or other
appropriate officer or body may examine under oath any applicant to determine who
is the authentic, real party in interest in the business, occupation or exhibition for
which a license is sought.
If the city council or other body or official having jurisdiction is satisfied that the
applicant is not the authentic, real party in interest in the business, it may deny the
license.
If the city council or such other body or official finds that the applicant is not the
authentic, real party in interest in the business and if the application is found to be in
the interest of one whose license has been revoked or who has been refused a license
in the past, the application shall be edited to show the authentic, real party in interest
in the business as the applicant and any future applications shall have the authentic,
real party in interest identified and shall be processed in accordance with this chapter.
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, or any regulation imposed pursuant
thereto, or of any state or federal law, statute, rule, order or regulation, now or
hereafter in force regulating the occupation or other activity for which the license
was issued;
C. The licensee obtained the license by fraudulent misrepresentations;
D. Conspiracy with any person to do anything described in subsections A,- B, or C, of
this section;
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 14
E. The failure or refusal of the licensee to notify the collector 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, the entire cost of the business license shall be forfeited
to the city.
3.28.120 New license after revocation.
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 procure,
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 collector 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 Compliance with laws required.
The payment for a business license 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 s/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.
3.28.150 License and penalties constitute debt to dM.
The charge for any business license 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 business license charges and penalties.
3.28.160 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.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 15
3.28.170 Separate license for each place or type 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
some 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 designated in such
license; provided, that warehouses and distributing plants used in connection with and
incidental to a business licensed under the provisions of this chapter shall not be
deemed to be separate 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 some management, or at different locations, but which
businesses use a single set or integrated set of books and records, may at his/her
option, pay' only for one business license 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 business
license charge of three dollars ($3.00) for each additional branch, location, or type of
business shall be paid.
3.28.180 Information confidential.
The collector or any of his/her 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 or pay for a
business license under the provisions 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.
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 of any business license liability amount 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
hereunder, together with general statistics regarding the business license costs and
business receipts collected or business done in the city.
3.28.190 Exemptions.
A. 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 written declaration, under
penalty of perjury with the collector stating the facts upon which exemption is
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 16
claimed are true and correct and shall furnish such information and verification as
may be required, such as a 501(C)3 form, DD-214 form, medical doctor verification,
proof of gross receipts satisfactory to the Collector, IRS form 4506-T, etc. In the
absence of such statement substantiating the claim, such person shall be liable for
the payment for the business license 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.
B. Charitable and nonprofit organizations. The provisions of this chapter shall not
be deemed or construed to require the payment for a business license 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 business license be required for the conducting of any
entertainment, 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 business license 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
complying 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:
C. Disabled veterans. No business license shall be payable by any person who has
received an honorable discharge from 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. In addition to form DD214, the city may require any
disabled veteran applying for an exemption to submit a certificate signed by a
physician or surgeon substantiating the disability.
D. 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.
E. ' 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.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 17
F. Limited income. No business license shall be required of a person doing
business and drawing social security benefits whose gross receipts do not exceed the
maximum income allowed, by Title 42, U.S. Code, Sections 403(f)(3), as presently.
written or as amended.
3.28.200 Fee adjustments required in cases of interstate commerce.
None of the business license charges 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 of California. In any case where a business license charge 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, s/he may file an appeal with
the City Manager pursuant to Chapter 2.08 of this code.
3.28.210 Application —Contents of license.
Every person required to have a license, or renewing a license under the provisions of
this chapter shall make application for the same to the collector on forms provided by
the collector, and upon the payment of the prescribed business license charge 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, (5) a fictitious business statement if applicable, and (6) such
other information as may be necessary for the enforcement of the provisions of this
chapter.
3.28.220 Statement of gross receipts.
In all cases where the amount for the business license to be paid is measured by gross
receipts, or is exempt based on gross receipts, the applicant for license or license
renewal shall furnish to the collector a sworn statement setting forth such
information as is required and as may be necessary to determine the amount for the
business license 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 for the business license to be
paid by the applicant.
3.28.230-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/her
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
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 18
may be necessary in their judgment to verify or ascertain the amount for the business
license due. An inspection of books and records shall be made only when the collector
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.
3.28.240 Failure to file or failure to file a corrected statement.
If any person fails to file any required statement within the time prescribed, or if after
demand therefor made by .the collector s/he fails to file a corrected statement, the
collector may determine the amount for the business license due from such person by
means of such information as s/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 in
accordance with section 1.01.300 of this code.
3.28.250 Appeals
Any person aggrieved by any decision of the collector or of any other city officer made
pursuant to this chapter may request a hearing before the city manager in accordance
with chapter 2.08 of this code.
3.28.260 Additional power of collector.
In addition to all other power conferred upon him/her, 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 to
compromise any claims as to amount for the business license due.
3.28.270 No license transferable —Amended license for changed location.
No license issued pursuant to this chapter shall be transferable; provided, that if a
licensee wishes to relocate a business within the city, s/he may request an
amendment to his/her business license, rather than reapplying for a new license, by
submitting an application and paying a processing fee of ten dollars ($10.00). The
amended license shall be issued if the new location complies with all applicable
provisions of this code.
3.28.280 Duplicate license.
A -duplicate license may be issued by the collector to replace any license previously
issued 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
dollars ($5.00).
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 19
3.28.290 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/her person at all times
while transacting and carrying on such business in the city.
3.28.300 Method and time of payment.
unless otherwise specifically provided, all annual amounts due for business licenses
shall be due and payable on or before the renewal date.
3.28.310 Penalties for failure to pay fee when due.
For failure to pay for a business license when due, the collector shall add a penalty of
ten percent (10%) of such business license charge 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 of the amount of the business license
charge due.
3.28.320 Business license amounts — 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 product or service by
the use of vehicles in the city except taxicabs and passenger carriers shall pay for a
business license as follows:
A. Delivers any product or service in the city by the use of vehicles - amounts based
on.vehicle weiaht as follows:
Capacity
Rate per Vehicle
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
B. _Operates a mobile or occasional business - flat rate based on type of use as
.follows:
1. Advertising.
a. . Distributing handbills: $100.00 annually, or $50.00 monthly, or $25.00
daily.
b. Sound trucks: $200.00 annual fee per truck, or $50.00 daily fee per truck.
c: Klieg lights: $150.00 per year per light, or at licensee's option, $15.00 per
day per light.
2. Auctioneers. $250.00 per year, or at the option of the licensee, $25.00 per day.
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 20
3. Carnivals, Fairs. $200.00 for the first day and $150.00.for each additional day,
for the first ten or fewer concessions; plus $30.00 for the first day and $20.00
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.
4. Circuses. $200.00 per day.
5. Commercial Filming and Still Photography. 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
Traffic -control costs or any additional costs as required by the chief of police
shall be paid entirely by the applicant.
6. Contractors and subcontractors. Every person engaged in the business of
contracting which requires a state contractors' license shall pay a business
license as follows:
- a. General contractors, $100.00 annually;
b. Subcontractors, $50.00 annually;
C. Business licenses for general contractors and subcontractors may be
obtained semi-annually.
7. Peddlers or Solicitors.
a. Principal, $200.00 annually;
b. Each additional solicitor or peddler, $10.00 quarterly.
8. Sales Representatives. Every person engaged in the business of solicitor of
order for sales or services by a nationally franchised business (such as AVON)
wherein solicitation only occurs by previous appointment shall pay $25.00 per
yea r.
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, such as
consultants or others providing a professional service, shall pay for a business license
at the some 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. Any person not
having a fixed place of business within the city and subject to a business license rate
based on gross receipts shall calculate gross .receipts and provide statements in
accordance with this chapter.
3.28.330 Persons with fixed place of business in city.
A. Passive -type businesses - flat rate based on type of use as follows:
1. Billboards. Signs not fixed on places of business: $100.00 per structure or sign
per year.
2. Living Accommodations. Every person transacting or engaged in the rental of
four or more dwelling units in any apartment house, rooming house, houses for
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 21
rent, or other living accommodations shall , pay $12.00 annually per unit,
provided that hotels and motels shall be on the gross receipts basis, Class B.
3. Mobile Home, Trailer, and Recreational Vehicle Parks. $12.60 per space per
year.
4. Coin -operated machines. Every person operating one or more vending
machine, coin -operated amusement device, shuffleboard, juke box, electronic
game or other similar device, shall pay for a business license 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
3.28.330(B), Class B.
B. Every person who engages in business at a fixed place of business within the city
shall pay for a business
license based upon gross receipts at the following rates
and in the following classifications:
Gross Receipts Range
Rate Class A
Rate Class B
Rate Class C
0 - 25,000
15.00
18.00
21.00
25,001- 50,000
25.00
30.00
36.00
50,001- 100,000
30.00
36.00
43.00
100,001- 250,000
46.00
55.00.
66.00
251,000 - 500,000
76.00
90.00
108.00
500,001 - 750,000
114.00
135.00
162.00
751,000 - 1,000,000
150.00
180.00
216.00
1,000,001- 2,000,000
400.00
500.00
600.00
2,000,001- 3,000,000
500.00
625.00
750.00
3,000,001- 4,000,000
600.00
750.00
900.00
4,000,001- 5,000,000
700.00
875.00
1,050.00
5,000,001 - 10,000,000
1,000.00
1,250.00
1,500.00
10,000,001 and up
1,500.00
1,875.00
2,250.00
CLASSIFICATIONS
Class A
Automobile -repair, services and gas stations
Home -based food and/or beverage business for profit
Laundry, dry cleaning, and garment services
Manufacturing not listed in Classes B or C
Retail trade not listed in Classes B or C
Wholesale trade not listed in Classes B or C
Class B
Amusement and recreation services, including motion pictures
Architectural and design services
Automotive sales
Barbers and hairstylists
Beauty shops and nail salons
Childcare providers
Cleaning services
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 22
Coin -operated and vending machines
Engineering services
Hotels and motels
Landscape and horticultural services
Maintenance and handyman services
Operators, renters, and lessors of commercial and residential property
Restaurants and eating and drinking establishments
Secretarial and notarial services
Services to buildings and pools
Short-term vacation rental homeowner
Storage facilities "
All other persons engaged in business not specifically listed elsewhere in this
chapter.
Class C
Accounting, auditing, and bookkeeping services
Consultants and other professional service providers
Financial services
Insurance brokers and services
Legal services
Management services and public relations services
Medical and health services, including eldercare, massage and personal trainers
Real estate agents, brokers, managers, and services, including property
management
Travel consultants and services
3.28.340 Taxicabs and passenger carriers.
A. All passenger carriers described in section 5.40.010 subsection A, and subject to
chapter 5.40 PASSENGER CARRIERS shall, in addition to all other requirements, comply
with the franchise, license, permit,. and contract requirements established by Sunline
Transit Agency and Sunline Services Group. In the event that the city takes official
action to no longer be a member of the Sunline Transit Agency.or Sunline Services
Group, or the city takes official action to no longer be a party to the Implementation
Agreement Authorizing the Sunline Services Group to Regulate Taxicabs, or both, then
all passenger carriers described in section 5.40.010 subsection A and subject to
chapter 5.40 PASSENGER CARRIERS shall remain subject to and governed by all
ordinances, resolutions, regulations, and other official actions then in place, including
the ,provisions for the annual business license amounts for taxicab operators' licenses
and taxicab vehicles, set by Sunline Transit Agency and Sunline. Services Group, except
that the city shall be .the governing agency with jurisdiction over the passenger
carriers.
B. In the event that passenger carriers described in section 5.40.010 subsection A are
found, by any governmental entity with competent jurisdiction, to no longer be subject
to and governed by the ordinances, resolutions, regulations, and other official actions
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 23
then in place by Sunline Transit Agency and Sunline Services Group at the timethe city.
becomes the governing agency pursuant to subsection A of this section, then
notwithstanding any other provision in this code, the annual business license amounts
for taxicab operators' licenses and taxicab vehicles shall be the fees originally adopted
by La Quinta Ordinance No. 31, which are:
1. Taxicab operator's license, $60.00 annually
2. Taxicab vehicles, per vehicle, $25.00 annually
3.28.350 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
business license for less than the charge herein provided or without any payment
whatsoever.
3.28.360 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 consecutively, and shall be approved by the city attorney before becoming
effective. A copy of each such BUSINESS LICENSE RULES AND REGULATIONS shall be
filed with the city clerk.
DELETE: Chapter 3.30
PUBLIC WORKS CONTRACT
(consolidated with chapter 3.12)
DELETE: Chapter 3.32
SERVICE CONTRACTS
(consolidated with chapter 3.12)
Ordinance No. 529
Amending Municipal Code Title 3
Adopted: October 20, 2015
Page 24
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
I, SUSAN MAYSELS, 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. 529 which was
introduced at a regular meeting on the 6th day of October 2015, and was adopted at a
regular meeting held on the 20th day of October 2015, not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2015-023.
SUSAN MAYSELS, City Cl
City of La Quinta, Califorr is
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on October 21, 2015 pursuant to Council
Resolution.
SUSAN MAYSELS, City Clerk
City of La Quinta, California