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."
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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."
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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 :"
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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:
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"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:
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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