5640ORDINANCE NO. 5640
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 3.04.140 OF CHAPTER 3.04 OF, AND ADDING
CHAPTER 3.18 TO TITLE 3 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO BUSINESS LICENSES
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 3.04.140 of Chapter 3.04 of Title 3 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"Any person desiring a business license shall
make an application therefor to the Collector in
the manner prescribed by the Collector. Such
application shall contain the name of the
applicant, ownership, and the following
information:
.010 The name, location and exact nature or
kind of business, profession, show, exhibition,
game, occupation or enterprise for which the
license is requested;
.020 The place where such business,
profession, show, exhibition, game, occupation
or enterprise is to be carried on, and if the
same is not to be carried on at any permanent
place of business, the places of residences of
the owners of the same;
.030 A declaration in writing of the
applicants, business year which shall include
the commencement and ending dates of the
business tax year. For purpose of this title,
such declared business tax year shall be deemed
the business, license period pursuant to Section
3.04.200 herein. Thereafter, a licensee shall be
required to promptly report any change of such
business tax year;
.040 Any person who contracts, sells or
delivers any goods, wares, or merchandise in the
City for which sales or use tax is payable and
who is required to report and pay such sales and
use tax to the State shall obtain an appropriate
California State Board of Equalization permit
and furnish the Collector with his sales tax
number and shall report separately in his return
to the State the amount of receipts from sales
for use in the City and shall pay the required
sales or use tax on such receipts. Any such
person who fails to do so shall be deemed guilty
of a misdemeanor violation of this chapter;
.050 Any further information which the
Collector may require to enable him to issue the
type of license for which application is made;
.060 In the event that application is made
for the issuance of a license to a person doing
business under a fictitious name, the
application shall set forth the names and place
of residence of those owning said business,
profession, show, exhibition, game, occupation
or enterprise; and
.070 If the application is for a Hobby
Business as defined in Chapter 3.18 of this
Title, the applicant shall declare the amount of
gross receipts for the twelve (12) month period
for which the license is sought."
SECTION 2.
That Chapter 3.18 is hereby added to Title 3 of the Anaheim
Municipal Code to read as follows:
"Chapter 3.18 HOBBY BUSINESS
"Sections:
3.18.010 Definitions
3.18.020 Hobby Business - License Tax
3.18.010 DEFINITIONS.
.010 `Hobby Business' shall mean any
business described in Chapters 3.08, 3.12, 3.16
and 3.24 of this Title operated from a
residentially zoned property located in the City
of Anaheim which does not generate gross
receipts in excess of Five Thousand Dollars
($5000.00) in a twelve (12) month period.
3.18.010 HOBBY BUSINESS - LICENSE TAX.
Any person who operates a Hobby Business as
defined in Section 3.18.010 shall pay a business
license tax of fifty percent (500) of the
applicable rate for such business as described
in Chapters 3.08, 3.12, 3.16 and 3.24. To
qualify for the Hobby Business Tax Rate as
r
described herein, such person shall declare the
amount of gross receipts of the business for the
twelve month period for which the license is
sought as set forth in Sections 3.04.010.070,
3.04.150, 3.04.200.030, and 3.04.200.040."
SECTION 3.
[.03711/W.i_a 4"IW/
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, 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 elimination
herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal 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 hereof, nor be 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 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.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with
any of its requirements shall be deemed guilty of a criminal
infraction for the first offense except where this ordinance
specifically provides the violation is a misdemeanor. Violations
subsequent to the first offense shall be deemed misdemeanors. Every
violation of the provisions of this ordinance determined to be a
criminal infraction shall upon conviction thereof be punished by a
fine of One Hundred Dollars ($100.00). Every violation of the
provisions of this ordinance determined to be a misdemeanor shall
upon conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person, firm
or corporation shall be deemed guilty of a separate offense for each
day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted by
such person, firm or corporation, and shall be punishable therefor as
provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 18thM�_ay of Aug u 1998
MAYOR OF THE CITY OFIANAHEIM
ATTEST•
CITY CLERK OF THE CITY OF ANAHEIM
0027528.01 4
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. 5640 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 11th day of August, 1998, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 18th day of August, 1998, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5640 on the 18th day of August, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 18th day of August, 1998.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5640 and was published once in the North County News on
the 27th day of August, 1998.
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CITY CLERK OF THE CITY OF ANAHEIM