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5810ORDINANCE NO. :5810 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, DELETING AND AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE, AND ADDING NEW SECTION 1.01.305 TO CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO BUSINESS REGULATION WHEREAS, the City Council of the City of Anaheim desires to conform Title 4 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 4, and add a new definition to Title 1, of the Anaheim Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Section 4.04.030 be, and the same is hereby, added to Chapter 4.04 of Title 4 of the Anaheim Municipal Code to read as follows: "4.04.030 `SIGN' GENERALLY DEFINED. Except where otherwise expressly provided in this chapter, _. the term `sign' as used in this chapter is hereby defined to be any card, banner, handbill, poster, printing, writing, drawing, painting, or pictorial representation which communicates, or is intended to communicate, any advertising, notice, message, direction or publicity of any kind." SECTION 2. That Section 4.04.100 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 114.04.100 POSTING SIGNS OR NOTICES ON BUILDINGS OR STRUCTURES RESTRICTED. It shall be unlawful for any person or entity to place or maintain any sign upon any building, structure or property within the City of Anaheim except as authorized by this Code or other applicable provision of law." 1 SECTION 3. That Section 4.04.120 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.04.120 NAME OF OWNER TO BE MAINTAINED ON ADVERTISING STRUCTURE. It shall be unlawful for any person or entity owning or otherwise in lawful possession and control of any advertising structure to fail, refuse or neglect to cause the name of such person or entity to be plainly and clearly provided and maintained in a conspicuous place upon such advertising structure." SECTION 4. That Section 4.04.135 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 5. That Section 4.04.140 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be, and the smile is hereby, rF ealed. SECTION 6. That Section 4.04.180 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.04.180 SIGNS AND BANNERS OVER PUBLIC PLACES PROHIBITED. It shall be unlawful for any person, firm or corporation to erect, construct, suspend or maintain, or to cause to be erected, constructed, suspended or maintained, any sign, advertising structure or banner across or over any public sidewalk, street, alley or any other public property except as otherwise expressly authorized in this Code. Nothing contained in this section shall be deemed or construed as applying to any sign, advertising structure or banner erected, constructed, suspended or maintained by the City of Anaheim for public purposes as approved by the City Council of the City of Anaheim." SECTION 7. That Sections 4.04.210 and 4.04.240 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be, and the same are hereby, repealed. K SECTION 8. That Chapter 4.06 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 9. That Chapter 4.14 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "Chapter 4.14 AMUSEMENT DEVICES 4.14.010 AMUSEMENT DEVICES DEFINED; RESTRICTIONS ON LOCATION. .010 The term `amusement device' as used in this chapter shall mean any game, exhibition, shuffleboard game, or amusement or recreational device, or any electronic, computerized or mechanical device or machine, which, upon the insertion of a coin, slug, token, card, or any other object representative of value, in any slot or receptacle attached to such device or machine or connected therewith, or upon any other form of payment, operates or which may be operated for use as a game, contest or amusement or for the dispensing of music. .020 No person shall conduct, carry on or manage the business of, or maintain any amusement device which contains any pay-off device for the return of coins, slugs, tokens, money, checks or merchandise. .030 In addition to the pay-off devices prohibited by subsection .020 above, no person shall conduct, carry on or manage the business of, or maintain any amusement device, with the exception of devices or machines for the dispensing of music, within six hundred feet of any public or private elementary or secondary school; provided, however, the provisions of this subsection may be waived by the City Council upon a finding that such activity would not be detrimental to the public welfare, and upon approval of the affected school district. 4.14.020 PERMIT REQUIRED. No person shall install, operate, conduct or maintain five or more amusement devices (hereinafter referred to in this chapter as an `amusement device arcade') on premises owned or under the control of such person without first having obtained, 3 and maintaining in full force and effect, a permit therefor in the manner required by this chapter. 4.14.030 APPLICATION FOR AMUSEMENT DEVICE ARCADE PERMIT. Application for a permit to operate an amusement device arcade as defined in Section 4.14.020 of this chapter shall be made to the License Collector on forms provided by the License Collector, which application shall be signed by the applicant and filed with the License Collector of the City of Anaheim, and shall contain the following information: .010 Name of the applicant; .020 Business address of applicant; .030 Residence address of applicant; .040 Date and place of birth of applicant; .050 The address and name of the owner, lessee or other person in control of the establishment or establishments wherein the game, recreational or mechanical amusement device or devices are proposed to be located; .060 The citizenship of the applicant; .070 If the applicant has been convicted of any felony or misdemeanor, then a statement concerning the same shall be required of the applicant, giving the time and place of such convictions; .080 A statement that the game, recreational or mechanical amusement device or devices for which a license is sought is not intended to be, and will not be permitted to be used for any gambling purpose whatsoever; .090 A complete description of the game, recreational or mechanical amusement device or devices, and the manner in which they are to be placed and operated; .100 A statement of the total number of such games and devices currently on the premises, if any, and a description of each; .110 A statement of the applicant's interest in, or title to, the game, recreational or mechanical amusement device or devices for which a license is sought; 4 .120 If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter together with the State and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporation applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this chapter. The corporation's or _ partnership's responsible managing officer must at all times meet all of the requirements set for permittees by this chapter, or the corporation or partnership permit shall be suspended until a responsible managing officer who does meet all such requirements is designated. If no such person is named within ninety days, the corporation or partnership permit is deemed canceled and a new initial application for permit must be filed. 4.14.040 INVESTIGATION BY CHIEF OF POLICE; APPROVAL BY LICENSE COLLECTOR. Such application shall be referred to the Chief of Police by the License Collector for the purpose of investigation and the Chief of Police, or his or her designated representative, shall have thirty days to investigate and forward a recommendation to the License Collector concerning said application. Upon receipt of such recommendation or upon expiration of said thirty day period, whichever is sooner, the License Collector, or his or her designated representative, shall act upon said application. Said permit shall be approved, in writing, unless it is found and determined that either (1) said application fails to conform to the requirements of this Code, or (2) approval of said permit would be contrary to the public peace, health, safety, morals or general welfare, in which event said permit shall be denied. Conditions may be imposed upon the approval of said permit to assure that the game or premises in which the game is conducted will not be operated in a manner contrary to the public peace, health, safety, morals or general welfare. Any interested person may appeal the decision of the License Collector, or his or her designated representative, to the City Council by filing a written notice of appeal with the City Clerk within ten days from 5 the date of said decision. The City Council shall consider such appeal at a hearing held not later than twenty days following the date of any such timely appeal. The decision of the City Council shall be final. 4.14.050 ISSUANCE OF PERMIT — CONTENTS — POSTING. Upon approval of the application by the License Collector, or his or her designated representative, or upon approval by the City Council on appeal, the License Collector shall issue a permit to the applicant upon payment of the permit fee in such amount as may be specified by resolution of the City Council. Each permit shall show: .010 The name of the permit holder; .020 The address at which the amusement device arcade is to be operated; .030 The number of the permit; .040 The expiration date of the permit; .050 Sufficient description of the particular amusement devices to identify each device. The operator of any such amusement device arcade shall keep such permit in a position where it is conspicuous and readily visible on the premises. 4.14.060 OTHER LICENSES AND PERMITS REQUIRED. .010 The permit required by this chapter for any amusement device arcade shall be in addition to, and not as a substitute for, any business license which may be required pursuant to the provisions of Title 3 of this Code. .020 The permit required by this chapter for any amusement device arcade shall be in addition to, and not as a substitute for, any conditional use permit for such use or activity which may be required pursuant to the provisions of Title 18 of this Code. 4.14.070 UNLAWFUL DEVICES PROHIBITED. Nothing in this chapter contained shall be construed to permit the licensing, maintenance or operation of any mechanical device or apparatus which is contrary to any of the laws of the 11 ITT I .. - .. _. State or the ordinances of the City; nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of said laws or ordinances. 4.14.080 SEIZURE OF UNLAWFUL DEVICES — HOLDING PERIOD — DISPOSAL. In the event that any person or persons, firm, copartnership or corporation shall conduct, carry on or manage the business of maintaining any game, exhibition, shuffleboard game, or recreational, mechanical or musical device or shall operate any of such devices without obtaining a permit and/or license therefor, or shall fail to pay the permit and/or license fees therefor as provided in this Code, the Chief of Police shall seize such game, exhibition, amusement, recreational, mechanical or musical device and hold them as security for payment of the permit and/or license fee, and until a permit and/or license is obtained or renewed, and in the event the person owning or having control or possession of the device shall fail, within a period of thirty days to obtain a permit and/or license or pay any fees due, then and in that event the device shall be disposed of as follows: The device or devices or so many thereof shall be sold to satisfy the amount of permit/license fees due the City and any device or devices not sold shall be returned to the owner thereof; and provided further that in the event the device or devices be sold for a sum of less than the amount of the permit/license fee that the operator -)f the devices shall, nevertheless, remain liable for the balance of such fees due and unpaid thereon. 4.14.090 RESTRICTION ON AGE OF PERMITTEE. No person under the age of eighteen years of age shall be eligible for issuance of a permit under this Chapter 4.14. 4.14.100 REVOCATION OF PERMIT. .010 Subject to the notice and hearing procedures hereinafter set forth in this section, any permit issued pursuant to the provisions of this chapter may be revoked by the License Collector for any of the following reasons: .0101 The permit holder has misrepresented any material fact in the permit application or has not truthfully answered any question in the application; 7 .0102 The permit holder has failed to comply with one or more of the required conditions of approval imposed upon the permit and has failed to cure such noncompliance after receiving reasonable notice thereof; .0103 The amusement device arcade, or the premises upon which the amusement devices are located, is being operated in violation of any applicable provision of this Code, or in a manner detrimental to the public peace, health, safety or general welfare. .020 In the event the License Collector proposes to revoke a permit, written notice of the time, date and location of a hearing by the License Collector, or his or her designated representative, on the proposed revocation, including the specific grounds for the proposed revocation, shall be personally delivered or sent by certified mail to the permit holder at least ten days prior to the date of the hearing. Written notice of the decision of the License Collector shall be given to the applicant within five days following the hearing by personal delivery or by deposit in the course of transmission with the U.S. Postal Service, certified mail, postage prepaid. .030 The decision of the License Collector shall be subject to appeal to the City Council within the same time and manner as provided in Section 4.14.040 of this Code. The decision of the City Council shall be final. Upon revocation of said permit, any permit or license fees shall be forfeited to the City. In the event a permit is revoked pursuant to this section, another permit for an amusement device arcade shall not be granted to the permit holder within twelve months after the date of such revocation." SECTION 10. That Section 4.18.010 of Chapter 4.18 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.18.010 DEFINITIONS. .010 `Amusement and Entertainment Premises' means any premises used for a restaurant, coffee shop, bar, nightclub, or establishment serving food, and/or other refreshments and where amusement and entertainment activities are conducted. .020 `Amusement and entertainment' means every form of live entertainment including, without limitation, any music, band or TT orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song or dance act. `Amusement and entertainment' includes, without limitation, a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen or participate." SECTION 11. That Chapter 4.28 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 12. That paragraph .0303 of subsection .030 of Section 4.29.160 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0303 The City Council of the City of Anaheim may preside over the hearing on appeal or, in the alternative, the City Council may, pursuant to Section 1.12.110, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within sixty (60) days from the date the appeal is filed with the City, or, in the event that a hearing officer has been appointed, the hearing officer shall submit his/her findings and recommendations to the City Council within sixty (60) days from the date the appeal is filed with the City and the City Council shall render its decision within fifteen (15) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing. If the denial is based upon failing the test, the applicant shall be entitled to review their test at the Police Department but shall not be entitled to a copy of the test." SECTION 13. That Section 4.31.070 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. E SECTION 14. That Section 4.31.080 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.31.080 PERMIT PROCEDURES. .010 Any applicant for a permit pursuant to these provisions shall personally appear at the Police Department of the City of Anaheim and produce proof to the Police Department that the one hundred dollar application fee has heretofore been paid to the License Collector of the City of Anaheim and thereupon the applicant shall present to the Police Department the application containing the aforementioned and described information. The Chief of Police shall have a reasonable time not to exceed forty- five (45) days in which to investigate the application and the background of the applicant. Based upon such investigation, the Chief of Police shall render a recommendation as to the approval or denial of the permit to the License Collector. .020 The City Building Division, the Fire Department and the Orange County Health Department may be requested by the License Collector to inspect the premises proposed to be devoted to that of a figure model studio and shall make recommendations to the License Collector within thirty days following any such request. .030 The Chief of Police shall not recommend issuance or granting of a permit if, based upon his investigation, he finds any one or more of the following grounds for denial exist: .0301 Evidence shows that any such person has deliberately falsified the application; or .0302 The permit applicant fails to furnish the information and documents required by this chapter; or .0303 The records of such permit applicant reveal a conviction or a plea of nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony offense involving sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, any subsection of Sections 311 through 311.9, Sections 314 through 318, subsections (a), (b), (c), or (d) of Section 647 of the Penal Code or any offenses involving pimping, pandering, prostitution or lewd conduct within five years prior to the date of the application; or 10 .0304 The preceding record reveals that the permit applicant permitted or encouraged his or her employee or agent to engage in any type of offense, misdemeanor or felony, prohibited in subsection .0303 above; or .0305 An inspection or investigation by the City Building Division, Police Department, Fire Department or Health Department reveals a deficiency, violation, or course of conduct that endangers the peace, health, safety, and general welfare of the public; or .0306 The operation as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the Anaheim Municipal Code; or .0307 The applicant is not of the age of eighteen years or older. .040 The License Collector, within fifteen days following receipt of the aforementioned and described recommendation, shall approve and issue the permit unless he or she finds and determines, in the exercise of his or her discretion and judgment, that any of the grounds for denial set forth in subsection .030 above are present in which case the permit shall be denied. In the event the permit is denied by the License Collector, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service upon the applicant or when deposited in the United States mail with postage prepaid, addressed to the applicant at his last known address, and with proof of service attached thereto. The denial or refusal to issue a permit may be appealed to the City Manager or his or her designee (herein collectively referred to as the `City Manager') under the procedures set forth below. .050 Within thirty days from the date of denial, any person denied a permit pursuant to these provisions by the License Collector may appeal such decision to the City Manager by filing a notice of appeal in writing with the License Collector stating reasons why the permit should be granted. Upon the filing of a timely appeal, the License Collector shall provide written notice to the applicant of the date such appeal shall be considered by the City Manager, which date shall not be later than thirty days following the date of such appeal, and which written notice shall be personally served or deposited in the course of transmission with the United States mail not less than ten days prior to the date of such scheduled consideration by the City Manager. In the alternative, within twenty-one days following the date of such 11 appeal, the City Manager may refer such appeal to a hearing officer who shall, within thirty days thereafter conduct and complete the appeal proceedings and render his or her report and recommendation to the City Manager for final determination by the City Manager. Upon receipt of said report and recommendation, the City Manager shall schedule consideration thereof by the City Manager and provide written notice to the applicant of the date such appeal shall be considered by the City Manager which date shall be not be more than thirty days following the date of receipt of such report and recommendation. Upon the date said matter is scheduled for consideration by the City Manager, or upon any later date to which said matter is continued not to exceed thirty days following the date such matter is scheduled for consideration, the City Manager shall grant or deny the permit which decision. The decision of the City Manager with regard to any timely filed appeal shall be final. .060 All permits issued hereunder are nontransferable." SECTION 15. That Section 4.31.100 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.31.100 CHANGE OF LOCATION. A change of location of any establishment for which a permit has been issued and which permit is in effect pursuant to this chapter shall be approved by the License Collector, and the existing permit shall be transferred or a new permit issued therefor by the License Collector, provided that the License Collector finds and determines that the permit is being exercised in compliance with the requirements of this Code and that the proposed location would comply with all applicable requirements of this Code. Any person aggrieved by a decision of the License Collector concerning the proposed transfer of said permit or the issuance of a new permit for the proposed location may appeal the decision of the License Collector to the City Manager or his or her designee by filing a written notice of appeal of such decision with the License Collector within the time herein provided. The appeal shall be filed and any timely filed appeal shall be determined by the City Manager in accordance with the procedures set forth in Section 4.31.080.050 of this Chapter." 12 SECTION 16. That Section 4.31.190 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.31.190 SUPERVISION. Either the permit holder or a responsible manager of the premises must be present on the premises at all times when the figure model studio establishment is in operation." SECTION 17. That Section 4.31.200 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 18. That Section 4.31.210 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.31.210 SUSPENSION OR REVOCATION OF PERMIT. .010 The City Council may suspend or revoke the permit issued hereunder: .0101 When it determines that the permit holder violated or permitted other persons to violate, through an act of omission or commission by the permit holder, any type of offense, felony or misdemeanor, enumerated in subsection .030 of Section 4.31.080, if, as a result of the offense, the permit holder or the employee or agent of the permit holder is convicted or enters a plea of guilty or nolo contendere. .0102 When it determines that the permit holder or his agent, manager, or the employee in charge of the model studio establishment knew, or reasonably should have known, that the establishment was being operated in violation of any provision of the Anaheim Municipal Code and failed to correct such violation. .0103 When it determines that an inspection or investigation by the City Building Division, Police Department, Fire Department or Health Department reveals a deficiency, violation or course of conduct that endangers the peace, health, safety or general welfare of the public and which was not corrected after notice thereof was provided to the permit holder by the City. 13 TT .- .020 No permit shall be suspended or revoked hereunder except following a duly noticed hearing as hereinafter provided in this section. .0201 Notice of such hearing shall be given to the permit holder not less than ten days prior to the date of said hearing. The notice shall state the ground of the complaint against the permit holder, or against the business carried on by the permit holder at the figure model studio establishment, and shall state the time and place where such hearing will be held by the City Council. .0202 Notice of such hearing shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found with due diligence and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence. Mailed notice shall be deemed given upon the date such notice is deposited in the course of transmission with the United States mail. .030 Any hearing required to be conducted by the City Council pursuant to this section may, at the sole discretion of the City Council, be referred to a hearing officer in accordance with the procedure set forth in this Code." SECTION 19. That Section 4.31.230 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: '14.31.230 APPLICABILITY OF REGULATIONS TO EXISTING BUSINESSES. The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter." SECTION 20. That Section 4.32.010 of Chapter 4.32 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 14 "4.32.010 STATE REGULATIONS. The State of California, pursuant to Section 1812.600 et seq. of the Civil Code of the State of California or any successor provisions thereto, has preempted local authorities from imposing local regulations on auctioneers and auctions as defined in said sections except for such regulations as set forth in this chapter." SECTION 21. That Section 4.32.020 of Chapter 4.32 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 22. That Section 4.32.030 of Chapter 4.32 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 114.32.030 DEFINITIONS. The terms used in this chapter shall have the same meanings as set forth in Section 1812.601 of the Civil Code of the State of California, or any successor provision thereto, except where otherwise expressly defined in this chapter." SECTION 23. That Section 4.32.040 of Chapter 4.32 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 24. That Section 4.32.080 of Chapter 4.32 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 25. That Chapter 4.36 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 26. That Section 4.40.060 of Chapter 4.40 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 15 "4.40.060 ISSUANCE OF PERMIT. .010 At the conclusion of the investigation, not to exceed thirty days following submission of the completed application, the License Collector shall approve the issuance of the permit if he or she shall find that: .0101 The information contained in the application or supporting data is true; .0102 The applicant has not, within the previous one year, been convicted of any violation of this chapter or any law relating to dishonesty, fraud, deceit or moral turpitude; .0103 The applicant agrees to abide by and comply with all terms of the permit and applicable laws of the Anaheim Municipal Code; and .0104 That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws including zoning; and .020 The License Collector shall thereafter issue the permit when: .0201 The required fee has been paid; and .0202 There shall have been posted with the City Clerk a surety bond in the principal sum of five thousand dollars executed as surety by a good and sufficient corporate surety authorized to do surety business in this state and as a principal by the applicant which shall have been approved by the City Attorney as to form, which bond shall have been given to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of the applicant within the City during the term of the permit." SECTION 27. That Section 4.40.110 of Chapter 4.40 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.40.110 PERMIT REVOCATION AND APPEALS PROCEDURE. .010 No permit shall be revoked until after a hearing shall have been held before the City Manager or designee to determine 16 good cause for such revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the ground of the complaint against the holder of such permit, or against the business carried on by the permit holder at the fortunetelling business and shall state the time and place where such hearing will be held. .020 Said notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business of the permit holder during usual business hours, with the person who is apparently in charge thereof, or the residence of the permit holder, in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least ten days prior to the date of such hearing. .030 After said hearing, the City Manager or his designee shall render a written decision within ten working days from the date the matter is submitted for decision. The action of the City Manager or his designee shall be final and conclusive." SECTION 28. That Section 4.40.120 of Chapter 4.40 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.40.120 PERMIT CANCELLATION. Upon the discovery of any false statement in the application or any misrepresentation by the applicant in procuring the permit, or a conviction for any violation of this chapter or any law relating to dishonesty, fraud, deceit or moral turpitude, or upon the failure, neglect, or refusal of the applicant to promptly, voluntarily and without notice, furnish and file a new bond when the surety on any bond has terminated its liability, and cause the same to be approved by the License Collector as to sufficiency of sureties and by the City Attorney as to form, or in case of death, bankruptcy or removal from the City of any one or both of the sureties on bond, then and in that event, the License Collector may, upon five days' notice to the applicant, cancel and annul the permit; whereupon the applicant shall be subject to the penalties prescribed in this chapter, from and after the date of the cancellation, as though in this chapter, the permit had never been granted. Any such 17 determination by the License Collector may be appealed to the City Manager or his or her designee as provided in Section 4.40.110 of this chapter." SECTION 29. That Section 4.40.130 of Chapter 4.40 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.40.130 POSTING OF PERMIT. Every permit holder shall post the permit required by this chapter in a conspicuous place upon the permitted premises." SECTION 30. That Chapter 4.44 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 31. That Chapter 4.48 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 32. That new Chapter 4.50 be, and the same is hereby, added to Title 4 of the Anaheim Municipal Code to read as follows: "Chapter 4.50 CURB ADDRESS NUMBERING 4.50.010 PERMIT REQUIRED. No person shall paint, mark, inscribe, or impose upon any publicly owned or controlled curb, parkway or street any address number without first obtaining a permit therefor from the License Collector. The term `address number' as used in this chapter shall mean the address number ascribed to any property regardless of whether such property, or any use thereof, is residential, commercial, industrial or otherwise. 4.50.020 APPLICATION. Any application for a permit to paint house numbers on any public curbs shall be signed and filed with the License Collector and shall include the following information: .010 The name and business address of the applicant. If the applicant is a partnership, the application shall state the name and address of each of the general partners. If the applicant is a corporation, the application shall state the name and address of the president of the corporation. If the applicant is a joint venture, the application shall state the name and address of each of the joint venturers. .020 A description of the area of the City to be serviced within the permit period. .030 The names and addresses of each employee or person who will do the painting. .040 The names and addresses of each employee or person who will make door-to-door solicitations or collections of payments or contributions for such services. .050 An agreement by the applicant to perform such services in accordance with applicable City standards. 4.50.025 DECISION OF LICENSE COLLECTOR. .010 Upon the filing of an application, the License Collector or his or her designee (herein referred to collectively as the `License Collector') shall have five business days to determine whether the application is complete. If the application is determined to be incomplete, the License Collector shall, within two business days following such determination, give written notice by mail or personal delivery to the applicant advising that the application is incomplete and stating the information needed to complete the application. .020 Upon determination that the application is complete, the License Collector shall conduct an appropriate investigation, including consultation with the Police, Fire, Code Enforcement and Planning Departments and inspection of the premises, as needed. Within forty-five (45) days after receipt of a completed application, the License Collector shall either grant or deny the application. 4.50.030 STANDARDS. .010 All curb house numbers shall be of size, color and style conforming to specifications approved by the Director of Public Works and on file in the Public Works Department of the City. 19 .020 Masonry paint shall be used for all numerals and background equal to or greater than specified in the standard specifications approved by the Public Works Director and on file in the Public Works Department of the City. .030 All numerals shall be located on the curb face not more than one inch from the top of the curb. 4.50.040 SERVICE AREA AND PERMIT DURATION. A permit issued under this section shall be valid for a period not exceeding ninety (90) days and shall specify the area of the City to be solicited for the painting of house numbers. No permit shall be authorized for an area greater than can reasonably be serviced by the permit holder within the period the permit is valid and no more than one permit shall be issued for any one time period for any service area. Said service area shall be approved by the Code Enforcement Manager prior to issuance of the permit. In determining whether to approve or disapprove the proposed service area, the Code Enforcement Manager shall consider (i) whether the area can be serviced within 90 days, and (ii) the most recent service date for the area or any portion thereof. 4.50.050 SOLICITATION OF DONATIONS. .010 Prior to painting the address number upon the curb of any property, the person or company providing such service shall notify the owner, manager, or occupant of the property in writing of the intention of such person or company to paint the address number upon the curb of such property. Such notice shall be delivered in person or by mail to the property not less than three (3) days prior to the date such curb painting will or is proposed to occur. Such notice shall state the amount of any suggested donation for such service and shall provide a reasonable means by which the owner, manager or occupant of the property may reject such service or payment therefor. Such notice shall state that the amount of any payment made for the service is strictly voluntary and that failing to reject the service does not create any binding obligation for payment. Such notice shall state that the address numbering service is not sponsored by or affiliated with the City of Anaheim. .020 No person or company shall paint the address number or anything else upon the curb of any property, nor solicit any payment or donation from the owner, manager or other occupant of any property, where the curb painting service for such property has been rejected as provided herein. 20 .030 No person shall solicit donations for the painting of address numbers in excess of the amount stated in the written notice delivered to the property in accordance with subsection .010 above. In soliciting such donations, no person shall trespass or remain upon any private property after being requested by the owner or an occupant of the premises to depart from the property or after any request for a donation has been denied. After being requested to depart from private property following any such solicitation or after being denied any request for a donation, no person shall threaten, coerce or otherwise intimidate any owner, manager or other occupant of the property in retaliation thereto. 4.50.060 REVOCATION OF PERMITS AND APPEALS. .010 Revocation Notice. The License Collector shall be authorized to revoke any permit for non-compliance with any term, condition or regulation specified in this section or for failure to perform such services within the time period of the permit. Not less than five (5) days prior to the effective date of any such revocation, notice of revocation, including the reasons therefor, shall be provided to the permit holder by mail or personal delivery to the address specified in the permit application. Any permit holder aggrieved by an action of the Revenue Manager may appeal such action to the City Manager at any time prior to the effective date of such revocation upon the filing of a letter of appeal with the License Collector. .020 Appeal. Any timely filed letter of appeal shall contain a concise explanation of the grounds for such appeal. Upon receipt of a timely appeal in compliance with this section, the effective date of any revocation shall be stayed during the appeal process. Within ten (10) days following the date of such timely appeal, the City Manager or his or her designee shall hold a hearing thereon notice of which shall be given to the permit holder by mail or personal delivery not less than three (3) calendar days prior to the hearing date. Within ten (10) days following the hearing date, the City Manager or his designee shall issue a written decision on such appeal which decision shall be provided to the permit holder by mail or by personal delivery. Said decision shall be final and shall become effective upon the earlier of either (i) the third day following the date of deposit in the U.S. Mail, first-class, postage prepaid, to the permit holder if the decision is mailed, or (ii) the date of personal delivery thereof to the permit holder. 4.50.070 VIOLATIONS. Any person violating any provision of this section shall be guilty of an infraction." 21 SECTION 34. That existing Chapter 4.52 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety and a new Chapter 4.52 be, and the same is hereby added to Title 4 of the Anaheim Municipal Code to read as follows: "Chapter 4.52 PEDDLERS AND SOLICITORS 4.52.010 SOLICITOR'S PERMIT REQUIRED. Every person or agent thereof who sells or offers for sale any goods, wares, merchandise or services or proposes a commercial transaction for the vending of the same for consideration from house to house without the previous invitation of the resident thereof is a solicitor. No person shall engage in the business of being a solicitor without first obtaining a permit therefor from the Revenue Manager. 4.52.020 SOLICITOR'S PERMIT APPLICATION. .010 No permit to engage in the business of being a solicitor shall be issued except upon the satisfactory completion of an application therefor on forms supplied by the Revenue Manager. Said application shall include the name and address of the applicant, a passport size photograph of the applicant, a description of the goods, wares or services to be offered for sale, the applicant's social security number or federal or state employers identification number or tax identification number, the applicant's former residence or places of business for a period of five years preceding the date of the application, and a list of any convictions of applicant for a felony or misdemeanor involving moral turpitude for the previous five years. The application shall be signed by the applicant under penalty of perjury and shall be accompanied by a fee in an amount established by the Revenue Manager. The Revenue Manager shall utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the application. .020 Following the investigation of the application by the Police Department, the Revenue Manager shall issue said permit if the Revenue Manager finds that the information contained in the application is true and correct and that the applicant has not been convicted of a crime of moral turpitude or any violation of this Chapter for a period of three years prior to the date of application. A solicitor's permit shall be issued if the 22 application therefor has remained pending or under investigation for more than fifteen (15) days after a fully completed application has been filed. A solicitor's permit shall be valid for a period of one year from the date of its issuance unless sooner revoked under the terms of this Chapter. .030 The requirement of a solicitor's permit under this chapter shall be in addition to the requirement for a business license from the City of Anaheim. 4.52.030 REVOCATION OF SOLICITOR'S PERMIT .010 The Revenue Manager may revoke the solicitor's permit granted to any person upon a finding that such person has violated any provision of this Chapter, made material misrepresentation upon such solicitor's permit application or has been convicted of a crime of moral turpitude or a violation of this Chapter within a period of three years prior to the date of the permit application. .020 No permit shall be revoked until after a hearing shall have been held before the City Manager or designee to determine good cause for such revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the ground for the proposed revocation and shall state the time and place where such hearing will be held. .030 Said notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business of the permit holder during usual business hours, with the person who is apparently in charge thereof, or the residence of the permit holder, in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least ten days prior to the date of such hearing. .040 After said hearing, the City Manager or his designee shall render a written decision within ten working days from the date the matter is submitted for decision. The action of the City Manager or his designee shall be final and conclusive. 4.52.040 UNLAWFUL CONDUCT BY SOLICITORS. .010 It shall be unlawful for any person to engage in soliciting as defined in this Chapter in or upon the grounds of 23 any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City of Anaheim except with the prior written consent of the City of Anaheim. .020 It shall be unlawful for anyone to engage in soliciting as defined in this Chapter without having in such solicitor's possession a valid permit issued under the provisions of this Chapter and a valid business license issued by the City of Anaheim pursuant to this Code. .030 It shall be unlawful for any solicitor to make any false statement to any person being solicited by such person for a commercial transaction that relates to the goods, wares, merchandise or services offered for sale by such solicitor. ,040 Any person who shall be convicted of any act defined as unlawful conduct under the provisions of this Chapter is guilty of an infraction." SECTION 34. That Section 4.53.010 of Chapter 4.53 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.53.010 PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to establish, set up, maintain, exhibit, conduct or carry on in the City of Anaheim any carnival, circus, fair, menagerie, wild animal show, trained animal show, rodeo, ferris wheel, merry-go- round, traveling show, or other similar or related type of public amusement place, unless a permit to do so has been issued as hereinafter provided and is in full force and effect. Notwithstanding any other provision hereof to the contrary, the requirements of this chapter shall not apply to any event or activity for which a Special Events Permit has been issued and is in effect pursuant to Title 18 of this Code." SECTION 35. That Section 4.53.040 of Chapter 4.53 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 24 "4.53.040 INVESTIGATION AND DECISION BY CHIEF OF POLICE. The application shall be referred to the Chief of Police who shall cause an investigation to be made and shall thereafter approve such permit if he finds that the proprietor and the person to be in immediate charge of the place of amusement are qualified to engage in and supervise such activity, that the proposed activity at the proposed location is not of such a character as to disturb the public peace, health, safety or general welfare, and that the conducting thereof in the proposed location will not violate any provision of the Anaheim Municipal Code; otherwise the Chief of Police shall disapprove the application. In approving any permit, the Chief of Police may attach such conditions of approval as may be necessary to assure compliance with the provisions of this chapter. The Chief of Police shall act upon such application within thirty days of the submission thereof and shall notify the applicant of his or her decision by depositing notice of such decision in the First -Class U.S. Mail, postage prepaid, addressed to the applicant, not later than three days following the date of such decision." SECTION 36. That Chapter 4.56 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 37. That Section 4.60.020 of Chapter 4.60 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.60.020 LICENSEE UNIFORMS AND VEHICLES. It shall be unlawful for any licensee or other person to engage in any activity, service or employment for which a license is required by any provision of the California Private Investigator Act by the wearing of any uniform, or the use, display or operation of any vehicle, which is not clearly distinguishable from the official uniforms and marked vehicles in use and operation by either the Anaheim Police Department or the Orange County Sheriff's Department. For purposes of this section, uniforms shall be deemed to be clearly distinguishable if (1) the color thereof is different from the uniforms of the Anaheim Police Department and Orange County Sheriff's Department; or (2) either the color of the trousers or the color of the shirt is different from the uniform 25 trousers and shirts used by the Anaheim Police Department or the Orange County Sheriff's Department. For purposes of this section, vehicles shall be deemed to be clearly distinguishable if such vehicles are different in color or do not contain logos, insignia or other markings which are approximately the same size, shape and color of those used on vehicles by the Anaheim Police Department or the Orange County Sheriff's Department. For purposes of this section, the term `different' shall mean readily distinguishable by a person of normal visual acuity." SECTION 38. That subsection .010 of Section 4.64.010 of Chapter 4.64 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: '.010 Secondhand Dealer. A `secondhand dealer,' as used in this chapter, means and includes any person, partnership, firm or corporation who engages in the business of buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand personal property. The provisions of this chapter shall have no application to the business of selling used or secondhand vehicles or the business of selling used or secondhand clothing or other wearing apparel." SECTION 39. That subsections .020, .030 and .040 of Section 4.64.080 of Chapter 4.64 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 40. That Chapter 4.68 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 41. That Chapter 4.76 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. 26 SECTION 42. That Section 4.90.030 of Chapter 4.90 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "4.90.030 EXCEPTIONS. The requirements of Chapter 4.90 shall have no application and no effect upon and shall not be construed as applying to (1) any businesses, agencies or persons engaged in the lawful business of an employment agency licensed by the State of California or (2) any businesses, agencies or persons which provide escort services for older persons as defined in the Multipurpose Senior Services Program (Welfare and Institutions Code Section 9400 et seq.) or any successor provision thereto, when such services are provided as part of a social welfare and health program for such older persons." SECTION 43. That Section 4.90.050 of Chapter 4.90 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.90.050 APPLICATION AND RENEWAL FEES. .010 Any person desiring to obtain a permit to operate an Escort Bureau or Introductory Service, or perform escort or introductory services shall make application under penalty of perjury to the License Collector who shall refer all such applications to the Chief of Police for an investigation. .020 Each application shall be accompanied by a nonrefundable application fee of One Hundred Dollars. .030 Each permit issued under this chapter shall expire one year from the date of issuance thereof. An unrevoked permit may be renewed for additional periods of one year each on written application to the License Collector, made not more than sixty nor less than thirty days prior to the expiration date of the existing permit. Said application shall include the applicant's full name and address, the names and addresses of all persons employed, or intended to be employed as escorts; the address of the premises where the Escort Bureau or Introductory Service will be located; the hours of operation; and such other related information as the License Collector may require. The renewal fee shall be Fifty Dollars. Permit fees required under this 27 chapter shall be in addition to any license, permit or fee required under any other chapter of this Code." SECTION 44. That new Section 1.01.305 be, and the same is hereby, added to Chapter 1.01 of Title 1 of the Anaheim Municipal Code, to read as follows: "1.01.305 CONSTRUCTION - `LICENSE COLLECTOR.' `License Collector' as such term is used in this Code shall mean and refer to the person employed by the City of Anaheim and holding the job title of Revenue Manager, or any successor job title ascribed to the person performing the licensing functions of the City." SECTION 45. 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 portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 46. 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 this23rdda of April , 2002. MAYOR OF THE CITY & ANAHEIM ATTEST: CAI—CLEM OF THE CITY OF ANAHEIM 43615.3 W-0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5810 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of April, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of April, 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: None CITY CLER OFT E CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE 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 28, 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: May 2, 2002 " I certify (or declare) under the penalty of 4, 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: May 2, 2002 ,< PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp M ( —-ignature LJ >— AfRtrim Bulletin W cc 62Grand Ave. (� o SanlKKna, CA 92701 714) "6-7000 ext. 3002 ,< PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Y This ordinance revises various specified provisions of he Anshelm {r midpy The9e revisions are generlgtr sum- marized as follows: 1. Add new Section 4.04.030 to proviflli 3'jri�idl _ai °ai�"it=i+i®gu oilior`' '' :y !MIIIlIII�QxPIGfIR> , 2. Amend Section 4.04.11IL0 to simplify and ck+clfy prohibition alt sage,, kw to tate of the Code and eliminate exatent IengusM Amietg of �1 jpPp atM b� /prribwnnera or signs. 3. Amend Section 4.04.120 to require owner or on*j In,, je qui po4eeglon ar�d an stntctun to place end mafntasrite nems upomthe stmadtna _ de teas would Waw rote fo he set laded by malhtalnfnfrlg len sign the name of ties y origmly pr or cortsftw.* g the 4. Repeal Section 4.04.135 requiring the nwndatory posting of gasoline priers at aY Baso Ane serwim station. 5. Repeal Section 4.04.140 prohibiting the display of alerts which mislead or confuse traffic. 6. Amend Section 4.04.180 to ownste restritasre redo hop to cloth or osMOU Ognp and de late phgWdon au#wizing Issu once of pemdts for certain temporary private benrms in the public right-oi way. 7. Reseed Sections 4.04.2t0 and 4.04.240 whidr of sdwet!laing signs in the pKtrfic rightaf way and limit the hal M of signs above fire parapet der ErbropeM mete Irdp the pu�7Ac right-of-way now rs�uhg4t by tits City Coundf through ft en croechm rd Adige proce s. B. Repeal Chapter 4.06 authorizing the Director of Public Works to hsup permits for telephones on public sidewalks and providing for the City to share In the gross receipts from such public telephones. . 9. Amend Chapter 4.14 Mail to regulWwt of amye9mat. t.dpWces to include etectronic and cpgrp�r p within definitionarca a such dealers, tiles era Ip required h «Ytagnrt ice. and of Police. a permits ars fo be trod or the Uoense following a recomn d on from the Chief 10. Amend Section 4.18.010 to add "kareoke" performances to the definition of amusement and splpftdnmgrA premises. 114 e� from 4.28, in 1916, reguiallng the ojradng ha Rs and -ft of shooting gi�dee &rJ proNbitlng employment 12. Amend Section 4.29.160 to extend the period for the. City to act upon any appeal of a decision aoncornMg message permits from 45 to 80 days. 13. Reppeeaall Section 4.31.070 requiring ' n cards 1bi dl figure model studio employees @ordbim yb stili repeal of Chapter 4.30 rdafbfg to identlfkroNefi 14. Amend Section 4.31.080to providedtsfr proopWlr�end afteria for the issuance of pembts model sdklind to and establish Manager for final �.. License Cofiectar sdoolelIllia b tifeCAy 15. Amend Section 4.31.100 to require decisions on;*jw trip of permits for figure model studios to be meds by the License Collector with the right of appeal to the City CourtdI In dance with the procedures specified, 16. Amend Section 4.31.190 to delete reference to star 4.30,wNch was repealed in 2001. 17. Repeal Section 4.31.200 purporting 10 prgWbft obsoens conduct which conduct Is exclusively prohibited by state law. 16. Amend Section 4.31.210 to conform notice provisions for permit revocation hearings with procedural due process reauiremems and exoreasiv &How the Citv Councilto reser such hwarinna to a t~nn nrRrwr C L71, 4 31.230 roference-, ,j�r I, Z9t Per�r, perion ns",es,e, esTab I, sned p! l� 6 'I() Amend section 4.32.010 10 correct reference to state statute preempting regulation of auctions. 21. Repeal Section 4.32.020 requiring an auctioneer's license, 22. Amend Section 4.32.030 to conform the definitions to the definitions of terms in state law relating to auctions and auctioneers. 23. Repeal Section 4.32.040 which requires a I regulatory license fee far. auctioneers. 24. Repeal Section 4.32.080 which requires an inventory Of Items of llllook In Valle of another busirmes to be #W with the Chief Of Police before ouch items are atictloned. 25. Repeal Chapter 4.36 regulating certain Chapter 6.64. food sales whii chapter 16 M&-d@M 10 the regulations, contained in 26- Amend Section 4.40;000 mialfrig, to fortune deate. to* redundant provlailans concwnk* da," 0- V IP a a #ft day tWft Hrr* for Ito Mo@*@kV of paw ror#jmb*#* numbering cOnvwvtl&* used In the rairisinder of to M.- 27. Amend Section 4.40.11-0 rs"riq to 16ftnatialfing t1 provision prior to a noticed r*V*a1Mon hearnig aN num `099� It conventions used In V* brilh, Code. Parragra0h of th*LG*oLn0�—ftga*"ft—.%U VPerm 28. Amend Section 4.4o.tSD to provide for Violation of C=ode p ull" conviction be of authorizing cancel teety ==a =* any Manalgiar ftloral 011 turpitude. - provisi ortM 29. Amend Section 4.40.130 to correct reference frorn .1owise. to Pormlt. to colift" to in the chapter. ft-*w*W Used alagwhe,9 30. Repeal Chapter 4.44, adopted in 1914, requiring, wood to be sold or advertent for $aje m* by ft nod or fractionthereof. 31. Repeal Chapter 4.48, adopted in -1925, regulating the storage and we of furnIgants, 32. Add new Chapter 4.50, to ralliace W ou Pi0i Of addresses on pU cur=l and the eoiic of and regulating the 33. -Amend Chapter 4.52 relisfirciti. 36. Repeal Chapter r C sold n M. n 37. AnmV Section 4.1 distinguishable from f-whitch a Specie! E**.POM* hwe, been qr Qk9Usft and carni P—W*w POM* applications, OW provide, appeal 010WO and other petrOlauan products to be, Is law - 38. Amend subsection Oaf Section 4A4,0tq,-jo ;Q.= -401!ild 010111*j"es from the regulatialtis 4.64 relating to SOCO desk" and =,*=* Bird Ilarth in Chapter 39. Amend provisions of $00tion 4.64 000 requirements of Chip OL04. adl Of b _W TIj. g:=for %.M licenses for violations ofth. regulatory not regulatory in na*665., .020 which provides thairbilapipales licenses are 40. geDeRl""qqt-4.68,addptodinlWg.VAWcis,,i..i.�A----.-.. —uon Trometseq. 42. Amend Section 4.90.010 to provide exemption from escort business regulations for agencies or persons providing care or ser as to the•alderiy under the provisions of Welfare & Institutions Code Section 94h0 etseq. 43. Amend Section 4.90.050 to provide that escort service its a am t(ie deie pf; nth than on June 30 annually. ,,, ,,�,� 44. Ad9'l 46t6fl9:W2WffiYAis'1 definiriQ the term "License Collector" as uiid Iri the Code to mean the Qty Revenue Manager. I, Sheryl] Schroeder, City Clark of the City of Anaheim, do hereby cce�rt Neat ing is a summary of Ordinance No. 5810 ordinancand was de�Wy �at6aan�duced at lar meati of the CNy4o= dt" ty of Anaheim on the 9th day of �wbfollowing inggrroll cell vote of Nie members and thensolf:at a reqttlar trieeting of said C t*il on the 23rd day of April, 2082 by the AYES: Mayor Daily, Council Members: Feldhaus, Krirtg, McCracken; Tait NOES: None ABSENT: None The above summary is a brief dascrip�n of #w matter c Ity t4�R of Ordinance tom. 5810 wf>;dt hes been prepared pwsuartt to $ ection 15 2 c�]dR � �p�f I�Aa city of i mmwy does fair include or describe every provision of the ordinance and shdrid.niq be raNpA.on es a full text of the ordinance. To obtain a copy of Nit+ full tad of the ordg sirw. please Contact the Office Chilli Cfty'Clerk, (714) 7W5186, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the thy. Published: Anaheim Bulletin May 2, 2002 25804 5155258/5156265