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4952FOLLOWS: ORDINANCE NO. 4952 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 3.20 OF TITLE 3 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS 3.04.260, 3.04.270, 3.04.280, 304.290, 3.04.300 AND 3.04.310 TO CHAPTER 3.04, AND ADDING NEW CHAPTER 3.20, TO TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ADVERTISING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 3.20 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Chapter 3.20 be, and the same is hereby, added to Title 3 of the Anaheim Municipal Code to read as follows: "CHAPTER 3.20 ADVERTISING SEC'T'ION 3.20.010 DEFINITIONS. For purposes of this chapter. the following words, terms and phrases shall be cor_sr_ued as specified in this section: .010 'Advertisin_q_panel' or 'panel' shall mean that portion or area of a billboard available, intended or used for advertising purposes regardless of whether advertising actually appears in such space. Such term shall not include the back of any billboard not intended for advertising purposes. .020 'Advertising signboard' shall mean any advertising sign other than a billboard or a sign as described in Section 3.20.040 of this Code. .030 'Billboard' shall mean as defined in Section 18.05.020.010 of this Code. .040 'Billboard Freeway -oriented,' shall mean any billboard the advertising display or copy of which is so designed, located or oriented to be visible by persons traveling in vehicles within any vehicular traffic lane on a freeway. .050 'Freeway' shall mean a divided arterial highway for through traffic with full control of access and with grade separations at intersections. SECTION 3.20.020 ADVERTISING BY USE OF BILLBOARDS. .010 Amount of Tax. Every person conducting, managing or carrying on the business of advertising by billboards within the City of Anaheim shall pay an annual license tax based upon the square -footage of each advertising panel of each such billboard at the rates hereinafter set forth: Freeway -Oriented Billboards $ Per Panel Gross Square -Footage of Panel Per Annum Under 673 sq. ft. $ 250 673 sq. ft. and over $ 500 All Other Billboards $ Per Panel Gross Square -Footage of Panel Per Annum Under 73 sq. f t . $ 50 73 - 300 sq. ft. $ 100 301 - 672 sq. ft. $ 150 Over 672 sq. ft. $ 250 The amount of license taxes payable annually pursuant to this chapter shall be adjusted in the manner set forth in chapter 3.36 of this Code. The term "panel" as used in this chapter shall_ include the entire display area on each side of the billboard (including projections) used for advertising purposes for any portion of the annual period to which the tax required by this chapter is applicable. In any case where a licensee or an applicant for a license believes that his business or billboard is not assigned to the proper classification, he may apply to the License Collector for reclassification. Such application shall contain such information as the License Collector may deem necessary and require in order to determine whether such business or billboard is properly classified. The License Collector shall then conduct an investigation following which he shall assign such business or billboard to the classification shown to be proper on the basis of such investigation The License Collector shall notify the licensee or applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office at Anaheim, California, postage prepaid, addressed to the applicant at his last known address. Such - 2 - applicant may appeal such action to the City Manager by filing a written notice of appeal with the License Collector within the time and manner set forth in subsection .050 below. .020 Statement of Billboard Square - Footage - Submission. The licensee shall submit to the License Collector, upon a form provided by the License Collector and executed under penalty of perjury, a written statement containing such information, including a description of the number, type and sizes (in square feet) of the licensee's billboards, as may be required by the License Collector to enable the License Collector to ascertain the amount of the license tax payable by said licensee pursuant to the provisions of this chapter. The statement required by this subsection shall be submitted annually not less than thirty days prior to expiration of the licensee's annual business license and a separate statement shall be required prior to the commencement of construction or erection of any new billboard or modification of any existing billboard which would affect the amount of tax payable pursuant to this chapter. The License Collector shall calculate the amount of any additional tax due as a result of any such new construction or modifications, prorated for the remainder of the licensee's annual business license period, which additional amount shall be due and payable by the licensee to the City prior to the issuance of any building permit by the City or, in the event no building permit is required or is issued by the City prior to collection of said additional tax, within ten days following receipt of a statement therefor from the License Collector. No refund of taxes previously paid shall be made by the City for any billboard removed or destroyed during the term of the license. A credit shall be allowed, however, for the tax previously paid for any billboard which is relocated by the licensee pursuant to a relocation agreement entered into between the licensee and the City under applicable provisions of State law or pursuant to Title 18 of this Code. .030 Statement of Billboard Square - Footage - Not Conclusive on City. No statements obtained from licensees pursuant to subsection .020 above shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City of Anaheim from collecting by appropriate action such sum as is determined by the City to be actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the License Collector, his or her deputies, or authorized employees of the City, who are hereby authorized to examine, audit and inspect such books and records of any licensee or applicant for license, as may be necessary in the License Collector's judgment to verify or ascertain the amount of license fee due. All licensees, applicants for licenses and persons engaged in business in the City of Anaheim are hereby required to permit an examination of such - 3 - books and records for the purposes aforesaid. The information furnished or secured pursuant to this chapter shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Anaheim shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this title, in addition to any other penalties provided by law. .040 Statement of Billboard Square - Footage - Failure to File or Correct. If any person fails to file any required statement within the time prescribed or, if after demand therefor made by the License Collector, such person fails to file a corrected statement, the License Collector may determine the amount of license tax due from such person by means of such information as the License Collector may be able to obtain. If such a determination is made, the License Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States post Office at Anaheim, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may appeal the decision of the License Collector to the City Council by filing written notice of approval with the City Clerk within the time and manner set forth in subsection .050 below. .050 Appeal from Decision of License Collector. Any person aggrieved by any decision of the License Collector with respect to any determination pursuant to this chapter may appeal such decision to the City Manager by filing a written notice of appeal with the License Collector within fifteen (15) days after the date of mailing or personal service of notice of such decision by the License Collector. The City Manager or his designate, shall fix a time and place for hearing such appeal which date shall be within thirty (30) days from the date of filing of such notice of appeal. The License Collector shall give not less than ten (10) days' notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States post Office at Anaheim, California, postage prepaid, addressed to such person at his last known address. The City Manager shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this code. The decision of the City Manager shall be final. In the event no appeal is timely filed, the decision of the License Collector shall become final and conclusive. .060 Extension of Time for Filing - Compromise of Claims. In addition to all other power conferred by this chapter, the License Collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty - 4 - (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the City Council, to compromise any claim as to amount of license tax due. SECTION 3.20.030 ADVERTISING BY USE OF SIGNS - OTHER THAN BILLBOARDS. Every person conducting, managing or carrying on the business of advertising by posting, sticking, tacking, affixing or painting bills or signs to -or upon posts, fences, buildings or other structures, except billboards, shall pay an annual license of $100. For the purpose of this section, the word 'business' is defined to be, and is construed to mean, the doing or performing of any act, or series of acts, of advertising by means, or any manner in this section specified, of posting, sticking, tacking, affixing or painting bills or signs to or upon posts, fences, buildings or other structures, except billboards; provided that nothing in this section shall be construed to affect or apply to any person posting, sticking, tacking, affixing, painting or erecting any business sign on the premises or building occupied and used in the business of such person, -and which sign advertises the goods sold, or business conducted on such premises. SECTION 3 . 20. 040 ADVERTISING BY USI, OF VEHIC II,E Every person conducting, managing or carrying on the business of advertising by means of P_ny vehicle containing amplifiers, phonograph, loudspeakers, microphone, broadcasting radio,.or a device for public address, or carrying advertising signs, and which is used for. announcing or advertising upon the public streets or public ground in the City shall pay an annual license of $100 or, at the option of the licensee, $10 per day." SECTION 3. That new Sections 3.04.300 and 3.04.310 be, Chapter 3.04 of Title 3 of follows: "SECTION 3.04.260 3.04.260, 3.04.270, 3.04.280, 3.04.230, and the same are hereby, added to the Anaheim Municipal Code to read as REFUNDS AUTHORIZED -- PAYMENT UNDER PROTEST REQUIRED. .010 Any tax, or penalties or interest thereon, or portion thereof, paid pursuant to this title shall be refunded if: (a) Paid more than once; (b) Erroneously or illegally collected; - 5 - (c) Paid in excess of the correct amount due; (d) Issued for a business which subsequently does not operate in the City, due to applicant's inability to obtain additional permits required under any provision of this Code. In such case, the applicant shall be entitled to a refund of the tax paid. Where applicant cancels his license prior to any inspection or investigation taking place, then in that event, applicant shall be entitled to a refund of all tax, inspection or investigation fees paid, less the application processing administrative cost therefor. (e) Issued for a business which subsequently becomes prohibited or illegal under any law of the state. In such case, the amount refunded shall be prorated on the basis of the proportion which the number of months remaining in the period for which the business tax was paid bears to the number of months in the whole period. .020 Notwithstanding any other provision contained in this title to the contrary, any person tendering payment of any tax, interest or penalties to the City pursuant to any provision of this title shall for all purposes thereafter be precluded and barred from appealing, contesting or otherwise challenging the validity or amount of any such tax, interest or penalties, or seeking a refund of all. or any portion thereof, pursuant to any otherwise available procedure set forth in this title or otherwise available by 'Law unless said payment is made under written protest to the City. Said written protest shall be deemed made for purposes of: this section only by one of the following methods: (1) a written notation set forth on the check, draft, money order, or other negotiable instrument by which payment is tendered, indicating that such payment is made under protest: or (2) a written notice addressed and delivered to the License Collector at the time of payment indicating that such payment is made under protest. SECTION 3.04.270 APPLICATION FOR REFUND Notwithstanding any other provision of this title to the contrary, no refund of monies howsoever paid or collected shall be allowed in w!.�ole or in part unless an application therefor is filed with the License Collector within a period of one (1) year from the expiration of the license period for which a refund is sought, and all such claims for refund must be filed with the License Collector on forms furnished by him or her in the manner prescribed by him or her. Such application may be made only by the person who made the payment, his or her guardian, executor, administrator, or heir. Refunds shall not be made to an assignee or successor in interest of the applicant. Upon the filing of such a claim, and when he or she determines that a refund is warranted, the License Collector shall refund the amount warranted, less the application p=ocessing charge - 6 - as set by City Council Resolution to cover the administrative cost of the refund. Provided, however, that in the case of a refund made pursuant to Section 3.04.260.010 Subsection (b), no deduction shall be made on account of the administrative cost therefor. The failure to file such application within the time prescribed herein shall bar any future right of recovery. SECTION 3.04.280 NO REFUND IN INSTANCE OF OTHER DELINQUENCY Where the License Collector has determined pursuant to Section 3.04.270 that a refund is due upon a particular business license, but where the applicant or licensee is at at the same time determined to be delinquent or otherwise liable for a business license tax upon a separate business license, or for a separate unlicensed business or for a transient occupancy tax pursuant to Title 2 of this Code, then in that event, the License Collector shall apply said refund amount to the balance owing and delinquent for said business license or for said unlicensed business or transient occupancy tax. The License Collector shall then refund any amount remaining. SECTION 3.04.290 FRAUD BAR TO REFUND No refund shall be made t�!here the business license was issued under a mi:representa�Aon (.',f fact by the applicant and or such applicant acti)all.y in the conduct of the business for which t1 -ie license was granted prior to the date stated in applicant.;°s orii_inal application. SECTION 3.04.300 NO REFUND UPON TERMINATION OF BUSINESS The business license taxes due under the terms of this title are not refundable upon termination of a business or for any unused portion of term of a license period. SECTION 3.04.310 MISREPRESENTATION - PENALTY Any person knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in applying for or paying for the business license herein provided for shall be deemed guilty of a misdemeanor violation of this title." SECTION 4. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions were committed prior to the effective date hereof, nor be - 7 - construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as or- dinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and con- tinuations, and not as new enactments. SECTION 5. SEVERABILITY The City Council of the City of Anaheim hereby 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 that it would have passed all other portions of this ordinance independent of the elim..- ination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 16th day of August, 1988. MAYOR OF THE CITY OF - N,'1.. ATTEST �- -- CITY CLERK O:' TIi E LCI Gl' A AIIP.IM J LW: l;n 2220L 07/18/86 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4952 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of July, 1988, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of August, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4952 on the 17th day of August, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of August, 1988. 0 Paw -„/ l - . _i - i 0 i., . r. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4952 and was published once in the Anaheim Bulletin on the 26th day of August, 1988. i