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5796ORDINANCE NO. 5796 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, DELETING AND AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS LICENSES WHEREAS, the City Council of the City of Anaheim desires to conform Title 3 of the Anaheim Municipal Code to changes in state law and previous amendments to the City Charter; and WHEREAS, the City Council desires to correct errors, delete unnecessary provisions, and otherwise update various provisions in Title 3 of the Anaheim Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .060 of Section 3.04.010 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 1%1%.060 `Engaged in business' shall mean the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant, lessee or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. As to business conducted within the City, whether the business establishment is located within or outside the City, every such sale, service or other transaction shall be deemed to have occurred within the City for purposes of the business license tax." SECTION 2. That new subsection .065 be, and the same is hereby, added to Section 3.04.010 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code, to read as follows: ".065 `Apartment house' shall mean one or more structures located within the City, which structure(s) contain in aggregate a total of five or more dwelling units, being operated by one person." 1 SECTION 3. That the first paragraph of subsection .070 of Section 3.04.010 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1%1%.070 `Gross receipts' shall include the total amount of money, credits or other things of value actually received or receivable as part of or in connection with any transfer or sale of any materials, goods, wares, merchandise or other things of value or for the performance of any act or service, of whatever nature it may be, for which a charge is made, credit allowed or other thing of value received, whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares or merchandise." SECTION 4. That the final paragraph of subsection .070 of Section 3.04.010 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, deleted. SECTION 5. That subsection .075 of Section 3.04.010 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".075 `Location" shall mean that place where the business is conducted whether at a single address or multiple addresses that are contiguous. If a business entity conducts business at two or more addresses which are not physically contiguous, each such non-contiguous address shall constitute a separate location. In the case of electronic transactions, the place where the seller is located is deemed the `location' for purposes of this Title." SECTION 6. That new subsection .085 be, and the same is hereby, added to Section 3.04.010 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code, to read as follows: 1%1%.085 `Public amusement room' shall mean every room, suite, tent, or other space within any structure in which any person provides electronic or mechanical games of skill or chance to the public for consideration including, but not limited to, billiard rooms, bowling alleys and video game arcades." 2 All SECTION 7. That Section 3.04.070 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "3.04.070 EVIDENCE OF DOING BUSINESS. When any person shall by use of any sign, circular, business cards, telephone book, newspaper, television, radio, Internet or other electronic medium, advertise, hold out, or represent that such person is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that such person is in business in the City, and such person does not deny by a sworn statement given to the Collector that such person is not conducting a business in the City, after being requested to provide such a sworn statement by the Collector, then these factors shall be considered prima facie evidence that such person is conducting a business in the City for purposes of this Title." SECTION 8. That paragraph (4) of subsection .010 of Section 3.04.130 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "(4) Those disabled veterans and others exempted pursuant to Division 7, Part 1, Chapter 1 of the Business and Professions Code, beginning with Section 16000 thereof, or any successor provision thereto." SECTION 9. That the first paragraph of Section 3.04.140 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "Any person required or desiring to obtain a business license pursuant to this Title shall apply therefor by submitting the information required by the Collector to the City in the manner designated by the Collector. Such information shall include the name of the applicant, the ownership of the business involved, and the following information :" 3 A 4 SECTION 10. That subsection .030 of Section 3.04.140 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".030 The applicant may submit a declaration in writing attesting to the applicant's business year which shall include the commencement and ending dates of the applicant's business year. For purposes of this Title, such declared business tax year shall be deemed the business's license period pursuant to Section 3.04.200 of this Code. Thereafter, a licensee shall be required to promptly report to the Collector any change of such business tax year." SECTION 11. That subsection .020 of Section 3.04.190 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: .020 Any person transacting or carrying on business but not operating at a fixed location in the City shall keep the business license on his or her person at all times while transacting or carrying on the business for which it is issued. Such person shall display the business license to any license collector, code enforcement officer or peace officer upon request." SECTION 12. That the fourth paragraph of Section 3.04.210 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "For purposes of this Title 3, postmarks shall be accepted as the date of payment made, providing the transmitting envelope contains a United States Postal Service postmark indicating a cancellation date not later than the payment due date. Otherwise, the date of payment shall be the date on which payment is actually received by the Collector." SECTION 13, That Section 3.04.260 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 4 "3.04.260 APPEAL. Any person aggrieved by an adverse decision of the Collector, or any other officer of the City, made pursuant to the provisions of this Title concerning such person's business license tax, may appeal therefrom to the City Manager within fifteen days after notice of said adverse decision by filing with the Collector a written notice of appeal, briefly stating the grounds relied upon for such appeal. If such appeal is made within the time prescribed, the Collector shall cause the matter to be set for hearing before the City Manager or his designee within thirty days from the date of receipt of such notice of appeal, giving the appellant not less than ten days' written notice of the time and place of such hearing. The City Manager or his designee may appoint a subordinate City official or independent hearing officer to conduct the hearing on the matter and render a written recommendation to the City Manager or his designee. The City Manager or his designee shall render a decision on the appeal no later than twenty days following completion of the hearing thereon or, in the event such hearing is held by a subordinate official or independent hearing officer, within thirty days following completion of the hearing thereon. The findings and determinations as approved by the City Manager or his designee shall be final and conclusive and shall not conflict with any substantive provisions of this Title. Within five days after the City Manager's findings and determinations are made, the Collector shall give written notice thereof to the appellant. In the event no timely appeal is taken from the determinations of the Collector, any decision of the Collector shall become final and conclusive upon the expiration of the time set herein for filing an appeal." n, SECTION 14. That the third paragraph of Section 3.28.020 of Chapter 3.28 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: `Rental of non-residential property' is further defined as including any person whose primary activity is warehousing or storage whether or not such person owns the facility." SECTION 15. That Section 3.32.090 of Chapter 3.32 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 5 113.32.090 MASSAGE ESTABLISHMENTS AND MASSAGE OPERATORS. Every person who operates or maintains a massage establishment for which a massage establishment permit is required pursuant to Chapter 4.29 of this Code, and every person who engages in the business of providing, conducting, administering or carrying on any kind or character of massage (other than as the employee of a massage establishment for which a massage establishment permit is required pursuant to Chapter 4.29 of this Code), shall pay an annual business license tax of three hundred dollars. This section shall not apply to those persons who are otherwise exempt from the permit requirements set forth in Chapter 4.29 of this Code." SECTION 16. That the title of Section 3.32.110 of Chapter 3.32 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 113.32.110 PUBLIC AMUSEMENT ROOM." SECTION 17. That subsection .010 of Section 3.32.120 of Chapter 3.32 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".010 Business of Coin Operated Service Machines. Every person engaged in managing, conducting or carrying on within the City the business of leasing, letting the use of, renting, or maintaining any machine or device which, upon the insertion of any bill, coin, token or other item representative of value, performs any service, shall pay an annual license tax as follows: 1-10 machines 11-25 machines For each machine in excess of 25 SECTION 18. $25.00 per year $50.00 per year $ 2.00 per machine per year" SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other 0 portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 19. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 8th day of January , 2002. 1000 f MAYOR OF THE TY OF AN EIM ATTEST: 6z2z" C TY CLERf OF THE CITY OF ANAHEIM 42554.1 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CIN OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing µ Ordinance No. 5796 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of December, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day of January, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: (SEAL) None ;;; rAlo A, / / I CIN CLEAK OF THE CIN OF ANAHEIM AFFIDAVIT OF PUBLICATION S'TA"TE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of` eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange. State of California, on December 2S, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 17, 2002 " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct': Executed at Santa Ana, Orange County, California, on Date: January 17, 2002 i i Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 s11U"Ity FusucsTION ORDNLUM No. 6766 P AN ORDINANCE OF THE CIN OF ANAHEIM ADDING, DELETING AND AMENDING VARIOUS CHAPTERS, SEC- NUNNICIPALCODDEREUMa�TO BUSINTITLE 3 ESS LICENSES ANAHEIM ibis The ordinance of makes 3the following changes to the existing pro rata lengudege currently i Sectioctiorl of n 3.04 0 0 claon 0d torr�gign t . business eateb i,hments located outside the City 1My a tax on the OAnehei their business which is conduct wdh- in the City �t 2. Add subsection .065 to Section 3.04.010 defining the / mean term five orentrr more dwelling house' for units opeerated by o person ficense purposes in one or more separate structures. 3, Amend Section 3,04.070 to clarify that the term "gross receippts' includes amounts received in connection with any -- ---- transfer or sale of goods or services4. Move the final . h of Section .070 to 3.04 D 0 for purposes of laclarification and consistetncy. on 5. Amend subsection .075 of Section 3.04.010 to provide aattathevlocedoagnrdwhere the aellerelectronic ris locateda, the sale occurs 6. Add subsection .085 to Section 3.04.010 to define the tens "public amusement room' which term is used else- where in the Chapter. 7. Amend Section 3.04.070 relating to evidence that a per- son is doing business In Anaheim to include advertising of business in Anaheim by means of television, radio, Internet or other electronic medium. 8. Amend subsection .010 of Section 3.04.130 to conform tax exemptions to provisions contained in the Business and Professkms Code., 9. Amend Section 3.04.140 to clarify terminology with re- Rard to Informal to be provided to the City by a business cense applicant. 10. Amend subsection .030 of Section 3.114.140 to provide That an applicant may discretion oily file a declaration with the City specifying the business tax year .,w s ahlahlno a different license period. 11. Amend subsection .020 of Section 3.04.190 to render the FZrMliln gender neutral and add a provision fadadd OWI bbe�pr sented upon request not tomat e r ,..a r•saactor. code enforcement officer or peace officer 12. Amend Section 3.04.210 to clarify that date of rt is e ervad by the City of the tax a unlless the be enredrrantMe dis meate dled innan fetelopnot lwhiiaterchh bears as Posta m��ndicis arng a cancellation 13. Amend Section 3.04.260 to clarify process for the of appeal an adverse decision of the tax collector regarding any tax. The procedure would auCtalze the City Manager D appoint a subordinate City official or an independent hearing officer to hold a noticed hewing and make a recommendation rracommendation retarding the al The City Manager . aloree wou d make the net decision on the 14. Amend Section 3 28.020 to make minor ncnsubatarltive ohange to the definition of the term 'rental of non-residential property" for purposes of clarification and consistency. z 15. Amend Section 3.32.090 to conform to recent amendments to Chapter 4,29 rekdng to massage po the mplo a as oand f an ell shment which imposed licensed In n the hmpbyeee Anaheim. 16. Amend tate of Section 3.32.110 to conform to content of the section. 17. Amend subsection .010 of Section 3.32.120 to correct clerical error. of the City of Anaheim, do t is a summary of Ordinan day of January, 2002 by or® rrwwvy 1v1 members thereof: AYES: Mayor Daly, Council Members. Feldhaus, Kring, McCracken, Tait NOES: None ABSENT: None The above summary is a brief description of the subject matter contained in the text of Ordinance No. 5796 which has beenpursuant to Section 512 of the Charter of the City of= , This summary does not include or describe every Provision of the or�nance and should not be relied on as a substitute for the full text of the ordinance, Co-To obtain a copy of the full text of the ordinance, please ni the Office of the City Clark. (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy Published: Anaheim Bulletin January 17, 21 25-063 4992018