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4950FOLLOWS: ORDINANCE NO. 4950 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE, EXCEPT CHAPTER 3.20 THEREOF, AND ADDING NEW TITLE 3 PERTAINING TO BUSINESS LICENSES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1 _ That Title 3 of the Anaheim Municipal Code, with the exception of Chapter 3.20 thereof, be, and the same is hereby, repealed. SECTION 2. That new Title 3 be, and the same is hereby, added to the Anaheim Municipal Code to read as follows: "TITLE 3 BUSINESS LICENSES CHAPTER 3.04 GENERAL PROVISIONS 3.04.010 DEFINITIONS The following words and phrases wherever used in this title shall be construed as defined in this section, unless from the context a different meaning is intended or un 4ss a different meaning is specifically defined and more particularly directed to the use of such words or phrases: .010 'Average number of employees' as used in this title, means the average number of persons employed daily in the person's business for the preceding period of one year and shall be determined by ascertaining the total number of hours of service performed by all employees during the preceding year, including paid leave, dividing the total number of hours of service by the full-time equivalent (2080 hours). In computing the average number of employees, fractions of numbers shall be rounded to the nearest whole number with one-half (.5) or greater being rounded up and less than one-half (.5) being rounded down. .020 'Business' shall include professions, trades, and occupations, and all and every kind of calling, whether or not carried on for profit. .030 'City' shall mean the City of Anaheim, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form. .040 'Collector' shall mean the City Treasurer or other City official charged with the administration of this title or his or her designees. .050 'Cost of doing business' shall mean that amount which is equivalent to the volume of business performed, where the business of any local office, facility, agent, broker, or employee is that of performing administrative or management related services in connection with sales or services performed or rendered elsewhere. Said amount shall be computed by determining the total cost of maintaining said local office, facility, agent, broker or employee. Said total cost of maintaining said local office, facility, agent, broker or employee shall include, but is not limited to the wages, salaries, commissions, bonuses, rent, and/or depreciation, telephone, postage, utilities, janitorial and other expenses allocated for maintenance of said office, facility, agent, broker or employee. .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. .070 'Gross receipts' shall include the total of amounts of money, credits or other things of value actually received or receivable as part of or in connection with the 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 things 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. The following shall be included in 'gross receipts': All receipts including cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. receipts.' The following shall be excluded from 'gross -2- (1) Cash discounts allowed and taken on sales; (2) Credit allowed on property accepted as part of the purchase price and which property is later intended to be sold; (3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; (4) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; (5) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the Collector with the names and addresses of the others and the amounts paid to them; (6) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded; and (7) That portion of the receipts of a general contractor which represent payments to subcontractors, provided that such subcontractors are licensed under this title, and provided the general contractor furnishes the Collector with the names and addresses of the subcontractors and the amounts paid each subcontractor. In computing gross receipts under this title there shall be deducted the amount of gross receipts which has been the measure of a business license tax paid to any other city or county. As to a business established outside the City but maintaining an office within the City through an agent, broker, or employee, "gross receipts" shall include the total sales or receipts attributable to the local office or facility, agent, broker or employee operating within the City. In the event separate sales or receipt records are not maintained for said local office or facility, agent, broker or employee operating within the City, or in the -3- event any retailing, wholesaling, manufacturing, or processing activity conducted thereat does not generate gross receipts as hereinabove defined, or in the event said local office or facility, agent, broker, or employee operating within the City is engaged in providing administrative or management related services, including, but not limited to record keeping, data processing, research and development, advertising, public relations, personnel administration, or legal services in connection with sales or services performed or rendered at a location outside the City, the business license tax shall be based upon an amount equivalent to the cost of doing business as defined in Subsection .050 of Section 3.04.010. As to a business established within the City but maintaining a local branch office or establishment through an agent, broker, or employee engaged in providing administrative or management related services as herein above defined within the City, the business license tax shall be based upon an amount equivalent to the cost of doing business. As to a business established outside the City but transacting and carrying on business within the City, or otherwise performing or rendering services solicited negotiated, or contracted for within the City, whether or not by a principal or through an agent or employee, "gross receipts" shall include the total fees, commissions, or other receipts attributable to the sale of all goods, merchandise of services solicited, negotiated or contracted for within the City. .080 'Person' includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, joint ventures, clubs, Massachusetts Trusts, business or common law trusts, societies, and individuals transacting and carrying on any business in the City of Anaheim, other than as an employee. .090 'Sale' shall include (i) the transfer, in any manner or by any means whatsoever, of title to property for a consideration; (ii) the serving, supplying, or furnishing for a consideration of any property; and (iii) a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law. .100 'Sworn statement' shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. -4- 3.04.020 REVENUE MEASURE This title is enacted solely to raise revenue for municipal purposes and is not intended for regulation. No business license issued under the provisions of this title shall be construed as authorizing the conduct or continuance of any business. 3.04.030 EFFECT OF TITLE ON OTHER ORDINANCES Persons required to pay a license tax for transacting and carrying on any business under this title shall not be relieved from the payment of any license or permit tax or fee for the privilege of doing such business required under any other ordinance of the City and shall remain subject to the regulatory provisions of other ordinances. 3.04.040 EFFECT OF TITLE ON PAST ACTIONS Neither the adoption of this title nor its superseding of any portion of any other ordinance of the City shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. Where a business license for revenue purposes has been issued to any person by the City and the tax paid for the business for which the license has been issued under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the business tax prescribed for said business by this title shall not be payable until the expiration of the term of such unexpired business license. 3.04.050 LICENSE REQUIRED There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this title license taxes in the amounts hereinafter prescribed. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City without first having procured a license from the City so to do or without complying with any and all applicable provisions of this title. This section shall not be construed to require any person to obtain a license prior to doing business -5- within the City if such requirement conflicts with applicable statutes of the United States or of the State of California. Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States or of the State of California shall be liable for payment of the tax imposed by this title to the extent permitted by law. Nothing contained in this chapter shall be construed to require any person nineteen (19) years of age, or under, and enrolled as a full-time student in any public or private elementary, junior high or high school, to obtain a license pursuant to this chapter provided he has no employee or employees working for him. 3.04.060 BUSINESS LICENSE TAX A DEBT The amount of any business tax and penalty imposed by the provisions of this title shall be deemed a debt to the City. The City may pursue any legal remedies available to it for the collection of any delinquent business tax, penalties, and administrative costs incurred in connection therewith, including attorney fees, which amounts shall also be deemed debts owing to the City. 3.04.070 EVIDENCE OF DOING BUSINESS When any person shall by use of signs, circulars, cards, telephone book, or newspapers, advertise, hold out, or represent that he is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the City, and such person does not deny by a sworn statement given to the Collector that he is not conducting a business in the City, after being requested to do so by the Collector, then these factors shall be considered prima face evidence that he is conducting a business in the City for purposes of this title. 3.04.080 CONFORMITY WITH OTHER REGULATIONS REQUIRED No license shall be issued to any person failing to obtain and present any land use permit required for the conduct of such business or activity by Title 18 of this Code, or who has failed to obtain and present any other regulatory permit or otherwise comply with any other provision of this Code having to do with the regulation of any trade, business or occupation. The City may revoke any license inadvertently issued in violation of this section without liability to the City. 3.04.090 COLLECTOR - RECORDS All fees, penalties and other monies received by the Collector pursuant to the provisions of this title shall be deposited in the General Fund of this City upon the business day next following the receipt of the same. The Collector shall keep full, adequate and accurate records pertaining to the issuance of licenses under this title and the collection of all fees, penalties and other monies in connection therewith. 3.04.100 BRANCH ESTABLISHMENT A separate business license under this title shall be obtained for each branch establishment or location of the business engaged in business in the City, and each license shall authorize the holder to engage only in the business licensed thereby at the location or in the manner designated in such license. Every person who operates any business, whether upon a cost rental or commission basis as a concession or upon rented floor space in or upon the premises of any person holding a license under any provision of this title shall obtain a separate and independent license pursuant to the appropriate provision of this title and shall be subject to all of the provisions hereof. 3.04.110 TWO OR MORE BUSINESSES AT SAME LOCATION Except as otherwise provided in this title, any person conducting, managing or carrying on two (2) or more businesses at the same location shall apply for and obtain a license for each such business, provided that in the case where the tax upon each business is based on gross receipts, the gross receipts may be combined and one business tax paid on the basis of the combined total gross receipts of the several businesses and one business license shall be issued. In the event the tax for each business so combined is based on gross receipts under different tax rate schedules, such person shall pay a license tax for the combined total gross receipts of the several businesses based on that tax rate schedule applicable to the business activity producing the greatest amount of gross receipts. 3.04.120 CONSTITUTIONAL APPORTIONMENT .010 None of the business taxes provided for by this title shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the Constitutions of the United States or the State of California. -7- .020 In any case where a business tax is believed by a tax license holder or applicant for a license to place an undue burden upon interstate commerce, or be violative of such constitutional clauses, he may apply to the Collector for an adjustment of the tax. Such application may be made before, at, or within six (6) months after payment of the prescribed business tax. The applicant shall, by sworn statement and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Collector may deem necessary in order to determine the extent, if any, of such undue burden or violation. The Collector shall then conduct an investigation and, after having first obtained the written approval of the City Attorney, shall fix as the business tax for the applicant an amount that is reasonable and nondiscriminatory, or if the business tax has already been paid, shall order a refund of the amount over and above the business tax so fixed. In fixing the business tax to be charged, the Collector shall have the power to base the tax upon a percentage of gross receipts or any other measure which will assure that the tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the business tax as prescribed by this title. Should the Collector determine the gross receipts measure of business tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City, or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of tax therefor; provided, that no additional business tax during any one calendar year shall be required after the tax license holder shall have paid an amount equal to the annual business tax as prescribed in this title. 3.04.130 EXEMPTIONS .010 Nothing in this title shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed. Specifically, the following are hereby exempted from the provisions of this title. (1) Banks, pursuant to Article XIII, Section 27 of the California Constitution; (2) Insurers, pursuant to Article XIII, Section 28, of the California Constitution; (this section shall not exempt brokers who are independent contractors and agents of the insured rather than of the insurer); -8- (3) Any state alcoholic beverage licensees engaged in the manufacture, sale, purchase, possession, or transportation of alcoholic beverages within the state to the extent that a city may not levy a license tax upon such licensee under the provisions of Article XX, Section 22 of the California Constitution; (4) Disabled veterans, pursuant to the provisions of Section 16001 of the Business and Professions Code; (S) Any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual; nor shall any license tax be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the City whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this Code requiring a permit from the City Council or any commission or officer to conduct, manage or carry on any profession, trade, calling or occupation. .020 Any person claiming an exemption pursuant to this section shall file a sworn statement with the Collector, on a form provided by the Collector, stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this title. The Collector shall, upon a proper showing contained in the sworn statement, issue a business license to such person claiming exemption under this section without payment to the City of the business tax required by this title. The Collector, after giving notice and a reasonable opportunity for hearing to a license holder, may revoke any license granted pursuant to the provisions of this section upon determining that the holder is not entitled to the exemption, as provided herein. 3.04.140 LICENSE - APPLICATION Before any license is issued to any person, unless otherwise provided in this Code, a written application by the applicant shall be made to 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. .Oso Any further information which the Collector may require to enable him to issue the type of license for which application is made. -10- .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. 3.04.145 APPLICATION PROCESSING CHARGE A minimum charge is required for the processing of any initial or renewed license application in such amount as does not exceed the reasonable cost to the City of processing each such application. This charge shall be in addition to the business license tax and shall not be prorated. The charge shall not be refunded if the application is rejected. However, if after receipt of applicant's written notification of cancellation, no required inspection or investigation has taken place pursuant to any applicable provision of this Code, and no business activity has been transacted or carried on, then, in that event, a refund request for all inspection or investigation fees paid exceeding the application processing charge may be made pursuant to Section 3.04.310 Subsection (d). In no event, however, shall the application processing charge be made refundable, other than as part of a refund made pursuant to Section 3.04.310 Subsection (b). The Collector may waive the processing charge in the case of a bonafide non-profit, charitable, or otherwise fee -exempt licensee. The provisions of this chapter notwithstanding, the following application categories shall pay an application processing charge in an amount established by resolution of the City Council: (a) Initial period application processing charge; (b) Renewal application processing charge. 3.04.150 RENEWAL BUSINESS LICENSE In all cases, the applicant for the renewal of a business license shall submit to the Collector for his guidance in ascertaining the amount of the tax to be paid by the applicant, a sworn statement, upon a form to be provided by the Collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the Collector to enable him to ascertain the amount of the tax to be paid by said applicant pursuant to the provisions of this title. 3.04.160 CONTENTS OF BUSINESS LICENSE Every person required to pay a business tax under the provisions of this title, who has made -11- application as hereinabove prescribed, and who has paid the prescribed tax, shall be issued a business license which contains the following information: (1) The name of the person to whom the license is issued; (2) The name of the business licensed; (3) The place where such business is to be transacted and carried on; (4) The date of the expiration of such license; and (5) Such other information as may be necessary for the enforcement of the provisions of this title. In no case shall any mistake of the Collector in stating the amount of a license prevent or prejudice the collection by the City of what should be actually due from any person carrying on any business, profession, show, exhibition, game, occupation or enterprise subject to a license under the provisions of this title. 3.04.170 NONTRANSFERABLE; CHANGE OF LOCATION OR NAME OF BUSINESS .010 No business license issued pursuant to this title shall be transferable; provided, that where a license is issued indicating a person is transacting and carrying on a business at a particular place under a particular name, such license holder, upon application therefor, and payment of an application processing charge pursuant to Section 3.04.145 may obtain a new license showing some other location and/or name of the business. .020 No person shall loan his business license to another. 3.04.180 DUPLICATE LICENSE A duplicate license may be issued by the Collector to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the Collector a duplicate license fee in an amount established by resolution of the City Council. 3.04.190 POSTING AND KEEPING LICENSES .010 Any person transacting and carrying on business at a fixed location in the City shall keep the -12- business license posted in a conspicuous place upon the premises where such business is carried on. .020 Any person transacting and carrying on business, but not operating at a fixed location in the City, shall keep the business license upon his person at all times while transacting and carrying on the business for which it is issued. 3.04.200 LICENSE TAX --HOW AND WHEN PAYABLE .010 All business taxes shall be paid to the Collector in lawful money of the United States. .020 Unless otherwise specifically provided herein, all business taxes shall be due and payable as follows: (1) Daily taxes: Due on its effective date. (2) Annual taxes: (a) Taxes based on flat rate and average number of employees are due on the annual anniversary date of issuance of the license. For purposes of this title anniversary date shall mean one year from the date a license is issued or from any renewal thereof. (b) Taxes based on gross receipts shall be due in accordance with the license period. For purposes of this chapter "license period" shall be defined as the licensee's designated business year. (c) The term "business year" as used in this title for gross receipts tax purposes shall mean the one year period designated by the licensee pursuant to Subsection .030 of Section 3.04.140 of this Code or, in the absence of any such designation by the licensee, the one year period commencing on January 1 of each year or such other year as determined by the Collector. (3) All existing, valid licenses on the effective date of this ordinance shall remain in effect until the stated date of expiration. If a licensee paying under gross receipts elects to modify his license period to other than a calendar year, -13- proration shall be made pursuant to the method described hereinbelow in Subsection .030 of this Section 3.04.200. Except as otherwise provided, all new business licenses issued after the effective date of this ordinance shall be issued on an annual basis. .030 Application; first business tax license (1) Every person required to pay a business tax under the provisions of this title shall make application to the Collector upon a form provided by the Collector, and shall provide that information required by the Collector to enable issuance of the business tax license. (2) Upon application for a first business tax license for a business taxed on the basis of gross receipts, an applicant shall be required to pay the tax applicable to the business based upon the applicant's estimate of gross receipts to be generated over the remainder of the applicant's license period. At the end of such license period, the applicant shall complete a statement of actual gross receipts generated during the said period of time. The actual tax due shall be calculated based upon these figures, and the initial payment made shall be deducted therefrom to determine whether an additional payment or refund is due. In the event a refund is due, that amount shall be applied to the following license period tax liability. Thereafter, business license taxes shall be paid based upon the actual gross receipts generated during the previous license period. .040 Renewal of Business License: At the end of each license period, each licensee shall file with the Collector a statement of actual annual gross receipts or number of employees, number of rental units available, or gross square footage, whichever is applicable, during such license period. The business licensee shall pay a business license tax based upon the gross receipts reported, annual number of employees, or flat rate, whichever is applicable. This payment is in addition to any adjusted payments made with respect to the issuance of a first license. .050 Supporting Statements: The statement required under Section 3.04.240 of this title shall be submitted on all business licenses on or before thirty (30) -14- days following the end of the year applicable to such business as before set forth, and any additional sums payable by reason of such statement shall accompany the return or statement. No renewal license shall be issued until the full amount due and payable by reason of the statement and return for the previous year has been paid in full. .060 Supporting Statements -Termination of Business: In the event that a business licensed under this title shall cease operation before the end of the license period, then the statement required by Section 3.04.240 of this title shall be submitted on or before thirty (30) days following the ceasing of business. Any additional sums payable by reason of such statement shall accompany such statement. In no event shall any portion of the annual fee be refundable in the event a business shall cease operation. 3.04.210 DELINQUENT TAX PAYMENTS --PENALTIES Notwithstanding any other provision hereof, any business which fails to pay any license tax imposed by this title when due shall pay a penalty of ten percent (100) or ten dollars ($10.00), whichever is greater, for each month, or a portion thereof, said license tax payment is overdue, which penalty shall be added by the Collector on the first day immediately following the due date thereof; provided, however, that the amount of such penalty shall in no event exceed one hundred percent (1000) of the tax due. No license shall be issued, nor shall one which has been suspended or revoked be reinstated or reissued, to any person who, at the time of applying therefor, is indebted to the City for any delinquent business tax unless first making arrangements with the Collector to pay such delinquent business tax. When the last day of the month in which the business license tax is due falls on a Saturday, Sunday, or a state or national holiday, payment of the business license tax may be made without penalty on the first working day of the succeeding month. Penalties in such cases shall attach on the second working day of the succeeding month. For the purpose of this Title 3, postmarks shall be accepted as the date of payment made, provided the transmitting envelope contains a United States Postal Service postage cancellation indicating not later than the date due. Notwithstanding any other provision of this title and in addition to any penalty payable pursuant to this Section, any business which fails to remit any tax and/or penalty imposed by this title within the time specified herein shall pay to the City, as interest upon such tax and penalty -is- due, an additional amount equal to one and one-half percent (1-1/2%) thereof per month calculated from the first day of delinquency to the date of payment. In the event the business remits payment to the City of any tax due hereunder but fails to remit payment in full of any interest and penalties accruing upon said tax to the date of such payment, interest at the rate specified in this Section 3.04.210 herein shall accrue and be due to City by the business upon the amount of said unpaid interest and penalties to the date of payment thereof. 3.04.220 UNLAWFUL BUSINESS No business license issued under the provisions of this title shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business. 3.04.230 RULES AND REGULATIONS The Collector may make rules and regulations not inconsistent with the provisions of this title as may be necessary or desirable to aid in the enforcement of the provisions of this title. Said rules and regulations shall be in writing and filed in the office of the Collector. 3.04.240 STATEMENTS OF GROSS RECEIPTS --SUBMISSION In all cases where the license is based upon gross receipts, the licensee shall submit to the Collector, for his guidance in ascertaining the amount of the license tax to be paid by the licensee, a sworn statement, upon a form to be provided by the Collector setting forth such information concerning the licensee's business during the preceding year as may be required by the said Collector to enable him to ascertain the amount of the license tax to be paid by said licensee pursuant to the provisions of this title. 3.04.250 STATEMENTS AND RECORDS No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the Collector, his 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 their judgment to verify or ascertain the amount of license fee due. The Collector or other employees of the City shall not have right of access to, nor examine records which are not pertinent to ascertaining the amount of license -16- fee due. Records which report confidential business clientele information shall not be made available, nor examined by City personnel unless persons subject to the provisions of this title shall make no other means of verifying gross receipts available to the City. All persons subject to the provisions of this title shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the Collector. Such records shall be maintained for a period of at least three (3) years. No person required to keep records under this section shall refuse to allow authorized representatives of the Collector to examine said records at reasonable times and places. In the event such records cannot be made available within the City of Anaheim or within a distance fifty miles (50) miles therefrom, the operator of the business is hereby required to reimburse the City for the cost of all transportation lodging, meals, portal-to-portal travel time and other incidental costs reasonably incurred by City in performing said audit. The information furnished or secured pursuant to this section, Section 3.04.150 or Section 3.04.240 of this title shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City 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. Nothing in this section shall be construed to prevent: (1) The disclosure to, or the examination of records and equipment by another city official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this title, collecting taxes imposed hereunder, or performing any duty required by law; (2) The disclosure of information to, or the examination of records by, federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena; (3) The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers to a court of law in a proceeding brought to determine the existence or amount of any business tax liability of the particular taxpayers to the city; -17- (4) The disclosure after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Collector may refuse to make any disclosure referred to in this paragraph when in his opinion the public interest would suffer thereby; (5) The disclosure of the names and addresses of persons to whom business tax certificates have been issued, and the general type or nature of their business; (6) The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of business taxes, or submits an offer of compromise with regard to a claim asserted against him by the city for business taxes, or when acting upon any other matter; and (7) At City's discretion, the disclosure of general statistics regarding taxes collected or business done in the City, subject to payment for costs incurred in collecting such statistics. 3.04.260 APPEAL Any person aggrieved by a decision of the Collector, or of any other officer of the City, made pursuant to the provisions of this title concerning his business tax may appeal therefrom to the City Manager within fifteen (15) days after notice thereof by filing with the Collector a written notice of appeal, briefly stating in such notice the grounds relied upon for 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 (30) days from the date of receipt of such notice of appeal, giving the appellant not less than ten (10) days' notice in writing of the time and place of hearing. The findings and determination of the City Manager at such hearing shall be final and conclusive. No such determination shall conflict with any substantive provision of this title. Within three (3) days after such findings and determination are made, the Collector shall give notice thereof to the appellant. -18- In the event no appeal is taken, the decision of the Collector shall become final and conclusive upon expiration of the time fixed in this section for appeal. 3.04.270 FAILURE TO FILE STATEMENT OR CORRECTED STATEMENT If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the Collector he fails to file a corrected statement, the Collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain. If the Collector is not satisfied with the information supplied in statements or applications filed, he shall determine the amount of any business tax due by means of any information he may be able to obtain. If application for a hearing is not made within the time prescribed in Section 3.04.260 herein, the business tax determined by the Collector shall become final and conclusive. 3.04.280 EXTENSION OF TIME FOR FILING COMPROMISE OF CLAIMS In addition to all other power conferred upon him, the 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 (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. 3.04.290 ENFORCEMENT OF TITLE The Collector and Code Enforcement Manager shall have the duty of enforcing the provisions of this title. The Collector and Code Enforcement Manager and each of their deputies are hereby authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business, to verify compliance with the provisions of this title and are authorized, pursuant to California Penal Code Section 836.5 to arrest persons and to prepare, issue and deliver to any such arrested person written notice to appear in court for any violation or violations of this title. Nothing in this section is intended to or shall operate to change or shall have the effect of changing -19- the status of the Collector and Code Enforcement Manager or their deputies from a public or miscellaneous officer or employee to an individual peace officer or safety member for purpose of retirement, workers' compensation or similar injury or death benefits, or any other employee benefits to which said officer or employee would not have been entitled as a public employee prior to adoption of this section. 3.04.300 REMEDIES CUMULATIVE All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. 3.04.310 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 they were: (a) Paid more than once; (b) Erroneously or illegally collected; (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 business 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 charge therefor; or (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 -20- thereafter be precluded and barred from appealing, contesting or otherwise challenging the validity or amount of any such tax, interest or penalties, or seeking 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 Collector at the time of payment indicating that such payment is made under protest. .030 The Collector is authorized with the approval of the City Attorney, to make refunds of taxes paid under protest when he or she determines that a refund is warranted in accordance with the provisions of this section 3.04.310, less the application processing charge as set by City Council Resolution to cover the administrative cost of the refund. In the case of a refund made pursuant to Subsection .010 (b) of this Section 3.04.310, no deduction shall be made on account of the administrative charge thereof. 3.04.320 CLAIM FOR REFUND No lawsuit seeking to recover taxes paid under protest and denied pursuant to the administrative appeal provisions of Section 3.04.260 shall be filed except after filing a claim therefor pursuant to applicable claims requirements. 3.04.330 NO REFUND IN INSTANCE OF OTHER DELINQUENCY Where the Collector has determined pursuant to Section 3.04.320 that a refund is due upon a particular business license, but where the applicant or licensee is 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 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 Collector shall then refund any amount remaining. 3.04.340 FRAUD BAR TO REFUND No refund shall be made where the business license was issued under a misrepresentation of fact by the applicant and/or such applicant actually engaged in the conduct of the business for which the license was granted prior to the date stated in applicant's original application. -21- 3.04.350 NO REFUND UPON TERMINATION OF BUSINESS The business license taxes under the terms of this title are not refundable upon termination of a business or for any unused portion or term of a license period. 3.04.360 PENALTY FOR VIOLATION .010 Any person violating any of the provisions of this title shall be deemed guilty of a criminal infraction for the first offense except where this title specifically provides said violation is a misdemeanor. Violations subsequent to the first offense shall be deemed misdemeanors. .020 Every violation of the provisions of this title determined to be a criminal infraction shall upon conviction thereof be punishable by a fine of one hundred dollars ($100.00) for a first violation. Each subsequent violation of the same provision within one year is deemed a misdemeanor. Each day any such violation of any said provision of this title shall constitute a separate offense. .030 Every violation of the provisions of this title deemed to be a misdemeanor, upon conviction thereof shall be punishable by a fine of two hundred fifty dollars ($250.00) or by imprisonment in jail for a period not to exceed (60) days, or by both such fine and imprisonment. 3.04.370 MISREPRESENTATION - PENALTY Any person knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in applying for or paying for the business license herein provided for shall be deemed guilty of a misdemeanor violation of this title. Liability for any further business taxes shall cease only if the licensee's account is vacated pursuant to this section. CHAPTER 3.08 GROSS RECEIPTS TAX 3.08.010 TAX RATE SCHEDULE Businesses subject to the gross receipts tax pursuant to this Chapter 3.08 shall pay either a tax based on gross receipts or a tax based upon the cost of doing business as defined herein, whichever amount is greater. Except as may be otherwise provided herein, every person described in the following classifications who engages in business within the City of -22- Anaheim shall pay an annual business tax in an amount computed in accordance with the following business tax rate schedule: .010 Manufacturing/Wholesaling For the business of conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares, merchandise, or produce, the annual tax shall be based on gross receipts as follows: Nine and one half cents ($.095) for each thousand dollars of gross receipts. .020 Retailing For any person conducting, managing or carrying on the business consisting mainly of selling at retail any goods, the annual tax shall be based on gross receipts as follows: Nine and one half cents ($.095) for each thousand dollars of gross receipts. .030 Dwelling/Hotel/Motel/Transient Occupancy Facilities For any person engaged in the business of conducting or operating a place for dwelling, sleeping or lodging including, but not limited to, hotels, motels, bed and breakfast inns, recreational vehicle parks, or other transient occupancy facilities not specifically taxed under this title, the annual tax shall be based on gross receipts as follows: Nineteen cents ($.19) for each thousand dollars of gross receipts. .040 Recreation/Entertainment/Amusement Establishments For the business of providing entertainment, recreation, or amusement services including the operation of amusement parks, the annual tax shall be based on gross receipts as follows: Nineteen cents ($.19) for each thousand dollars of gross receipts. .050 Telephone services. Every person engaged in the business of providing telephone services shall pay an annual business fee -23- according to Subsection .020 of Section 3.08.010 of this chapter. For the purpose of this section "gross receipts" shall have the same meaning as in Section 3.04.010 except that only those receipts derived from providing telephone services within the City shall be included, and further excepting that only receipts resulting from intrastate telephone services shall be included. .060 Miscellaneous For any business not specifically taxed by other provisions of this title and not otherwise exempt, the annual tax shall be based on gross receipts as follows: Nine and one half cents ($.095) for each thousand dollars of gross receipts. CHAPTER 3.12 PROFESSIONS 3.12.010 PROFESSIONS -LICENSE TAX Every person engaged in a profession or vocation, licensed by the State, related to a licensed profession or vocation, and/or requiring a period of specialized training such as, but not limited to, physicians, dentists, attorneys, accountants, engineers, architects, real estate brokers, consultants and any other professional business or service determined by the Collector to be of a similar character to any of the businesses specified, the annual tax shall be based on the number of persons engaged or employed in the business of providing such professional or vocational services in accordance with the following schedule: (1) Each practicing professional principal, whether as owner and/or sole practitioner, or as partner, or officer, or as professional shareholder - one hundred fifty dollars ($150.00); (2) Each additional person engaged or employed, either as professional independent contractor rendering professional services pursuant to a contract of employment, or whether as salaried professional employee engaged in rendering professional services - seventy-five dollars ($75.00); (3) Each additional person engaged or employed otherwise based on average number of employees - ten dollars ($10.00). For the purpose of this section, the phrase "each practicing professional principal" shall -24- be deemed and is declared to mean the maximum number of persons engaged in rendering professional services (other than salaried employees or independent contractors engaging their services pursuant to a contract of employment and not otherwise sharing in the profits of the business) and shall be computed based upon the maximum number of practicing principals engaged in rendering professional services for any one -day period during any part of the preceding business license period. For the purpose of this section, the phrase "each additional person engaged or employed" shall be deemed and is declared to mean the average number of persons, whether licensed practitioners employed or otherwise engaged in rendering professional services, and not otherwise sharing in the profits of the business, or whether any other category of person, directly or indirectly paid for their service and not otherwise sharing in the profits of the business. In the case of an application for an original license, applicant shall state both the maximum number of practicing professionals engaged or intended to be engaged in rendering professional services and the average number of persons engaged or employed or intended to be engaged or employed to assist in the conduct of applicant's business. Thereafter, the license tax provided for herein shall be based solely upon the hereinabove set forth method of computation. 3.12.020 KEEPING OF RECORDS; APPLICABILITY OF AUDIT Section 3.04.250 shall apply to all statements provided to be filed under this section; provided however, that inspection of books and records pursuant to this chapter shall be limited specifically to those books and payroll records reflecting the employees and other persons engaged in the business activity. CHAPTER 3.16 SERVICES 3.16.010 SERVICES -LICENSE TAX Every person engaged in the business of providing services in the City of Anaheim shall pay an annual business license tax to the City consisting of a flat tax of one hundred and fifty dollars ($150.00), plus an additional tax in the amount -25- of ten dollars ($10.00) for each employee of such business based on the average number of employees. For the purposes of this section "services" shall mean the business of providing, maintaining, or performing labor for the benefit of another; of supplying some general demand for the benefit of another which does not produce a tangible commodity; of performing any other personal service; or any service in which any real or personal property, stocks or bonds, or other financial instruments, or evidences of debt, or contracts of insurance or any money or credits are exchanged, leased, transferred, or loaned; as well as every business of maintaining, storing, cleaning, improving or repairing tangible commodities whether or not such business is conducted from premises, vehicle, or mobile location within or outside the City. Services do not include professional services, or telephone services within the meaning of this chapter, which services are covered under other business tax rates in this title. CHAPTER 3.24 CONTRACTORS 3.24.010 CONTRACTORS -LICENSE TAX Every person, who engages in the business of general contracting within the City of Anaheim shall pay a license tax of one hundred twenty-five dollars ($125.00) per year, and every person who engages in the business of subcontracting or speciality contracting within the City of Anaheim shall pay a license tax of seventy-five dollars ($75.00) per year. This section shall apply to both contractors operating from a fixed location in the City and contractors coming into the City from an outside location to engage in such business. For the purposes of this section "contractors" shall mean any person who is licensed or required to be licensed as a contractor by the State of California and who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof; including the erection of scaffolding or other structures or works in connection therewith, is defined as a contractor and comes under this classification. The term contractor includes subcontractor and specialty contractor. -26- CHAPTER 3.28 RENTAL BUILDINGS 3.28.010 TAX ON RENTAL OF APARTMENTS FIVE OR MORE APARTMENTS Notwithstanding any other provisions of this title, every person conducting, managing or carrying on the business of operating an apartment house containing five or more apartments shall pay an annual license tax of five ($5.00) dollars for each apartment. 3.28.020 TAX ON RENTAL OF NONRESIDENTIAL PROPERTY Every person engaged in the business of rental of nonresidential property shall pay an annual business license tax to the City consisting of one and one-half (1 1/2) cents for each square foot of gross rental space. For the purposes of this section, "rental of nonresidential property" means any business conducted or carried on by any person engaged in the business of renting or letting a building or structure of any kind, including, but not limited to, office buildings, warehouses, commercial spaces and industrial spaces to a tenant for purposes other than dwelling, sleeping or lodging. CHAPTER 3.32 MISCELLANEOUS BUSINESS ACTIVITIES 3.32.010 MISCELLANEOUS BUSINESS CATEGORIES -LICENSE TAX Notwithstanding any provision in this title to the contrary, businesses in categories listed in this chapter shall pay business license taxes in the amounts specified herein. 3.32.020 PUBLIC DANCE HALLS -- DINNER DANCING PLACES. .010 Every person conducting, managing or operating a Public Dance Hall or Dinner Dancing Place shall pay an annual license tax of two hundred fifty dollars ($250). Every person conducting, managing or operating a Public Dance shall pay a license tax of twenty-five dollars ($25) per public dance. -27- .020 For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: 'Public dance hall' is a place open to the public upon the payment of an admittance fee, wherein music is provided and people are allowed to dance, which is open at regular intervals or on regular days of the week. 'Public dance' is a dance open to the public for an admittance fee or charge, which is held on one day only, or not at regular intervals or on regular days of the week. 'Dinner dancing place' is a place where music is provided and the public is permitted to dance without payment of a fee. 3.32.030 CIRCUSES/CARNIVALS .010 Circuses Not More Than 4,000 Persons: Every person conducting, managing or carrying on a circus or similar exhibition, having a seating capacity of not more than 4,000 persons, except the Anaheim Stadium and Convention Center, shall pay a daily license tax of one hundred fifty dollars ($150) for the first day, and seventy-five dollars ($75) for each succeeding consecutive day that the same is conducted, managed or carried on. More Than 4,000 Persons: Every person conducting, managing or carrying on a circus or similar exhibition, having a seating capacity of more than 4,000 persons, except the Anaheim Stadium and Convention Center, shall pay a daily license tax of two hundred dollars ($200) for the first day, and one hundred dollars ($100) for each succeeding consecutive day that the same is conducted, managed,or carried on. Side Show: Every person conducting, managing or carrying on a side show or after show to a circus or similar exhibition, shall pay a daily license tax of ten dollars ($10) per day. .020 Carnivals Every person conducting, managing or carrying on a carnival or similar business, except as herein otherwise provided, shall pay the following daily license fees: For each Ferris Wheel, Scenic Railway, Merry -Go -Round, Swing or other amusement device, operated by -28- said carnival or similar business, the license fees of ten dollars ($10.00) per device for the first day and five dollars ($5.00) per device for each succeeding consecutive day that the same is or are conducted, managed or carried on. For each tent show with a seating capacity of not more than 1,000 persons belonging to said carnival or similar business, the sum of twenty-five dollars ($25) for each day; For each tent show with a seating capacity of more than 1,000 persons and not more than 4,000 persons, belonging to said carnival or similar business one hundred dollars ($100) for the first day and fifty dollars ($50) for each succeeding consecutive day; For each tent show with a seating capacity of more than 4,000 persons belongin to said carnival or similar business, two hundred dollars ($2005 for the first day and one hundred dollars ($100) for each succeeding consecutive day; For each person selling flags, banners, balloons, canes, horns, noise -making instruments, badges, souvenirs or other novelties, in connection with said carnival or similar business, other than from a stand, wagon or tent, a daily license tax of ten dollars ($10.00); For each stand, concession, show, exhibition or enterprise other than those specifically mentioned herein, operated by said carnival or similar business, a daily license tax of twenty dollars ($20) per day. .030 Ferris Wheels - Merry -Go -Rounds --Similar Devices Every person conducting, managing or carrying on a Ferris Wheel, Scenic Railway, Merry -Go -Round, Swing or other amusement device where a fee is charged or collected for carrying any person thereon shall pay a daily license tax for each such Ferris Wheel, Scenic Railway, Merry -Go -Round, Swing or similar device of ten dollars ($10.00) per device for the first day and five dollars ($5.00) per device for each succeeding consecutive day that the same is or are so conducted, managed or carried on. .040 Entertainments Not Otherwise Provided For Every person conducting, managing or carrying on any street exhibition, outdoor entertainment or similar enterprise, or any tent show where seating accommodations are not provided, which exhibition, entertainment, enterprise or tent show is not specifically -29- provided for in this chapter and for which a charge is made or collected shall pay a daily license tax of fifty dollars ($50.00). 3.32.040 LICENSING OF PRODUCTIONS OR SHOWS AND BOOTHS AND EXHIBITS THEREIN. Every person, or business functioning as a producer or promoter of an event, production, show or exhibit in the City shall pay a daily license tax of one dollar ($1.00) per booth or exhibit maintained in said event, production, show or exhibit and wherein the sales of goods or merchandise are made at such booths or exhibits. Said license tax is hereby imposed on the producer or promoter regardless of who shall operate or maintain said booth or sell goods or services. Said tax shall be payable at the opening of the event, production, show or exhibit provided; however, that said license tax is imposed upon only such booths and exhibits wherein the sales of goods or merchandise are made. 3.32.050 SWAP MEETS .010 As used in this section, the following words, terms or phrases shall have the meaning hereinafter set forth: 'Swap meet' means any event which meets all of the following requirements: (1) The place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring identifiable, tangible property and exhibit the same for sale or exchange; and (2) A fee is charged, either in the form of a charge for general admission to the place or location where the event is held or a charge for the privilege of exhibiting identifiable, tangible property at such event. 'Swap meet exhibitor' means any person exhibiting, displaying, selling, exchanging, offering for sale or exchange any property at a swap meet on any premises in the City. 'Swap meet operator' means any person conducting or operating the business of a swap meet on any premises in the City excluding, however, swap meet exhibitors. .020 Every person engaged in the business of swap meet operator shall pay an annual license tax of two hundred dollars ($200.00). -30- .030 Each swap meet exhibitor participating in a swap meet shall pay a tax in the amount of one dollar ($1.00) per swap meet stall per day. Where two or more swap meet exhibitors share a single stall, each such exhibitor shall pay a separate daily stall tax. Such tax shall constitute a debt owed by the swap meet exhibitor to the City and shall be extinguished only by payment to the swap meet operator. The swap meet exhibitor shall pay the tax to the swap meet operator at the time and on each day the swap meet exhibitor participates in the swap meet. Any unpaid tax shall be paid upon the termination of the swap meet exhibitor's participation in the specific swap meet. Each swap meet operator shall collect the tax imposed by the provisions of this section to the same extent and at the same time as any other fees are collected from every swap meet exhibitor. The amount of the tax shall be separately stated from any other monies collected by the swap meet operator. The fee shall be in addition to any other license tax required by this title. .040 On or before the tenth day of the month following the close of the calendar month, each swap meet operator shall file a return with the Collector showing the total amount of the taxes collected under this section and such other information as may be required by the Collector. At the time the return is filed, the swap meet operator shall remit the full amount of the taxes collected to the Collector. Returns and payments shall be due immediately upon cessation of business by the swap meet operator for any reason. .050 Every swap meet operator shall hold all taxes collected under this section in trust for the account of the City until payment thereof is made to the Collector. 3.32.060 PEDDLERS AND SOLICITORS .010 Any person, whether a resident of the City of Anaheim or not, traveling by foot, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, food products, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, shall pay the following license taxes: (1) Fifty dollars ($50.00) per year unless the person or persons for whom he is peddling goods have a principal's, solicitor's or peddler's license as hereinafter provided in this section. (2) persons, firm principal's, this section. Ten dollars ($10.00) per year if the person, or corporations for whom he is peddling have a solicitor's or peddler's license as provided in -31- .020 Solicitors -No Fixed Place of Business Within City --License Required -Every individual engaged in the business of soliciting in person, by telephone or by any other means of communication, the retail sale of any goods, wares, merchandise, services or other things of value for future delivery, or soliciting any opinions, preferences, endorsements, or other information from persons within the City, not otherwise licensed under the provisions of this Code and not having a regularly established place of business within the City, as said established place of business within the City shall be defined in this section, shall pay a license fee as follows: (1) One hundred dollars ($100.00) per year if the individual engaged in the business of soliciting has no regularly established place of business within the City, as hereinafter defined in this section, and unless the person, persons, firms or corporations for whom he is soliciting have a principal's, solicitor's or peddler's license as hereinafter provided in this section. (2) Ten dollars ($10.00) per year if the person, persons, firms or corporations for whom he is soliciting have a principal's, solicitor's or peddler's license as provided in Subsection .030 of Section 3.32.060 hereof. The phrase, "having a regularly established place of business within the City" as used in this section shall be defined as any individual having a fixed place of business within the City for a period of not less than one hundred eighty (180) days and having a State Sales Tax number applicable to the aforementioned place of business so established in the City. .030 Principal's, Solicitor's or Peddler's License Any person, firm or corporation, either employing or contracting with one or more individuals to have such individuals solicit the retail sale of any goods, wares, merchandise, services or other things of value for future delivery, or to sell or peddle goods, wares and merchandise as set forth in this section, or soliciting any opinions, preferences, endorsements, or other information from persons within the City, not otherwise licensed under the provisions of this Code and not having a regularly established place of business within the City, may obtain a principal's, solicitor's or peddler's license and pay a license fee of two hundred fifty dollars ($250.00) annually, in advance. The Collector shall not issue such license until the applicant files with the Collector a list of all solicitors and/or peddlers employed by the applicant or with whom the applicant has contracted, and a signed agreement that the applicant, within five (5) days thereafter, will notify the -32- Collector in writing of every change in personnel of those soliciting and/or peddling for him. .040 Requirements for License No license to peddle or solicit shall be issued to any person unless and until such person furnishes the Collector with his Sales Tax number and agrees to report separately in his Sales Tax return to the State of California the amount of receipts from sales in the City of Anaheim and/or the receipts from sales for use in the City of Anaheim, and agrees to pay the required one percent (lo) Sales or Use Tax on such receipts. This section shall apply only to those businesses subject to payment of a Sales or Use Tax under the laws of the State of California. 3.32.070 AUCTIONS Every person engaged as an auctioneer or conducting, managing, or carrying on any auction house or auction company as those terms defined in Section 4.32.030 shall pay annual business taxes pursuant to Section 4.32.040 of this Code. 3.32.080 FORTUNETELLING ESTABLISHMENTS OR SIMILAR BUSINESSES Every person conducting, managing, engaging in, or carrying on the practice of fortunetelling by any means whatsoever or causing the same to be done for any direct or indirect charge, gift, donation, or subscription shall pay an annual license tax of three hundred dollars ($300.00). 3.32.090 MASSAGE ESTABLISHMENT OR SIMILAR BUSINESSES Every person, association, firm or corporation conducting, managing or carrying on the business of giving Turkish, Russian, Swedish, Japanese, vapor, sweat, electric, salt or any other kind or character of massage, where alcohol rub, fomentation, manipulation of the body or similar procedure is given shall pay an annual license tax of three hundred dollars ($300.00). 3.32.100 AMUSEMENT DEVICES - LICENSE FEES Every person engaged in the business of renting, leasing or maintaining any game, recreational or mechanical amusement device in the City, other than an amusement device specified in subsection .020 of Section 3.32.030 of this Code or an amusement device which dispenses music only and which are commonly known as jukeboxes, music boxes, victrola boxes or other similar names, shall pay an annual license tax of fifty dollars ($50.00), which license issued upon the payment of the -33- tax shall entitle the applicant to lease, rent or maintain one mechanical amusement device within the City; and for a second amusement or game machine a license shall be obtained and the licensee shall pay an annual license tax of fifty dollars ($50.00) and for a third mechanical device, an annual tax of fifty dollars ($50.00) shall be paid, and for all subsequent mechanical devices thereafter, the licensee shall pay an annual license fee of fifty dollars ($50.00) each. All licenses granted hereunder shall be annual licenses, and shall commence as of the 1st day of July, and shall expire on the 30th day of June, following the date of their issuance, and thereafter all licenses shall commence on the 1st day of July and expire on the 30th day of June, following the issuance thereof; that licenses issued for less than one year, the tax shall be prorated as of the first day of the month in which the license was issued. Every person engaged in the business of renting, leasing or maintaining any amusement device for dispensing music only and which are commonly known as jukeboxes, musical boxes, victrola boxes, or other similar names shall pay a license tax of twenty-five dollars ($25.00). 3.32.110 AMUSEMENT ROOM - POOL AND BILLIARD ROOMS - BOWLING ALLEYS Every person conducting, managing or carrying on any public amusement room, business or parlor other than a theater, show, theatrical performance or other type of amusement or recreation in this title elsewhere described shall pay the following annual license tax: .010 For any public amusement room, business or parlor, wherein no pool tables, billiard tables or bowling alleys are kept or maintained for use by the public, an annual license tax of seventy-five dollars ($75.00). .020 For any public amusement room, business or parlor wherein pool tables or billiard tables are kept or maintained for use by the public, an annual license tax of seventy-five dollars ($75.00) together with the sum of fifteen dollars ($15.00) for each pool table or billiard table; .030 For any public amusement room, business or parlor, wherein bowling alleys are kept or maintained for use by the public, an annual license tax of twenty dollars ($20.00) for each bowling alley. 3.32.120 COIN-OPERATED MERCHANDISE MACHINES .010 Every person engaged in, managing, conducting or carrying on the business of leasing, letting the use of, renting or maintaining any vending, weighing or merchandise machine or device, not otherwise licensed under this title, and not prohibited by law, where coins or other -34- representatives of value are inserted of less than five cents ($.05) in value, shall pay an annual license tax of two dollars ($2.00) for each such machine or device,; where coins or other representatives of value of at least five cents ($.OS) and less than ten cents ($.10) are inserted, an annual license tax of three dollars ($3.00) for each such machine or device; where coins or other representatives of value of at least ten cents ($.10) or more are inserted, an annual license tax of four dollars ($4.00) for each such machine or device. Stamp vending machines selling or dispensing U.S. stamps for mailing purposes when said stamp vending machines are owned and operated by the United States Postal Service are hereby exempt from the terms and provisions hereof. As to any machine or device vending United States postage, upon which there is imposed a requirement for the payment of a business license tax, such tax shall not exceed the following schedule: Two dollars ($2.00) per postage vending machine provided that no single person, firm or entity shall pay an amount less than ten dollars ($10.00) in any one year for the privilege of maintaining such postage vending machine in the City of Anaheim. .020 License Fees - Bulk Vending Machines A "bulk vending machine" is defined as any nonelectrically operated vending machine, containing unsorted confections, nuts or merchandise which, upon insertion of a coin or token, dispenses the same in equal portions, at random and without selection by the customer. Every person conducting, managing, operating or maintaining any bulk vending machine or device not otherwise licensed under this section shall pay an annual license tax of four dollars ($4.00) for each stand or console of not to exceed eight bulk vending machines. .030 Business of Letting the Use of Coin - Operated Service Machines Every person engaged in, managing, conducting or carrying on the business of leasing, letting the use of, renting or maintaining any machine or device which machine or device, upon the insertion of any coin of any denomination or insertion of any other representative of value, performs any service, shall pay an annual license tax as follows: 1 to 10 machines $25 per year 11 to 25 machines $50 per year For each machine in excess of 2S $2.00 per machine per year .040 Identification Every person engaged in, managing, conducting or carrying on the business of leasing, letting the -35- use of, renting or maintaining any coin-operated machines or devices licensed under any provisions of Title 3 of this Code, shall attach to each of said machines or devices permanent identification material, which material shall at all times be visible to any user of such machine or device indicating the name and address of the person, firm or corporation engaged in managing, conducting or carrying on the business of leasing, letting the use of, renting or maintaining any of the aforementioned coin-operated machines or devices. No person shall permit any such machine or device to be maintained upon any premises owned, operated or controlled by such person unless such machine or device complies with the requirements of this subsection. 3.32.130 GOODS AND SERVICES SOLD FROM STANDS .010 Sales from stands - No fixed place of business Every person, not having a regularly established place of business in this City, who sells or offers for sale goods in his possession at, on or from a stand upon any public street, alley or other public place, or doorway of any room or building, or unenclosed or vacant lot or parcel of land, which business is not otherwise licensed by the terms of this title, shall pay a daily license tax of fifteen dollars ($15.00) .020 Selling Confections - Performing Mechanical Work Every person conducting, managing or carrying on the business of operating or maintaining any stand in or upon any public street, alley or other public place for the sale of candy, peanuts, popcorn, chewing gum, ice cream or other confections, or performing mechanical work, not otherwise licensed under this title shall pay an annual license tax of one hundred dollars ($100.00) or, at the option of the licensee, a daily license tax of ten dollars ($10.00). 3.32.140 PUBLIC BATHS Every person, association, firm or corporation, conducting, managing or carrying on the business of giving steam baths, sauna baths, electric tub baths, shower baths, sponge baths, or operating any public bath which maintains in connection therewith a steam room, plunge, bath or shall pay an annual license tax of two hundred fifty dollars ($250.00). 3.32.150 MODELING STUDIOS OR SIMILAR BUSINESSES Every person, association, firm or corporation conducting, managing or carrying on the business of -36- furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude or semi-nude before persons who pay a fee or other consideration, compensation or gratuity for the right or the opportunity to so depict a figure model, or for admission to or for permission to remain upon or as a condition of remaining upon the premises shall ay an annual license tax of two hundred fifty dollars ($250.00. 3.32.160 SECONDHAND DEALERS, JUNK DEALER, AND COLLECTORS, AUTO WRECKERS .010 Junk Dealers - Auto Wreckers Every person conducting, managing or carrying on the business of auto wrecker or junk dealer shall pay an annual license tax of two hundred fifty dollars ($250.00). For the purpose of this section an auto wrecker is defined to be and construed to mean and include any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. For the purpose of this section a junk dealer is defined to be any person having a fixed place of business in this City engaged in the business of buying or selling, either at wholesale or retail, or storing on any premises, any rags, sacks, bottles, cans, papers, metals or other articles of junk. .020 Pawnbrokers Every person conducting, managing or carrying on the business of pawnbroker shall ay an annual license tax of three hundred dollars ($300.00 . For the purpose of this section the term "pawnbroker" includes every person conducting, managing or carrying on the business of loaning money either for himself or for any other person, upon any personal property, personal security, or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the loaning of money on personal property or personal security by any bank or savings and loan authorized to do so under the laws of the State or of the United States. -37- 3.32.160 TRANSPORTATION .010 Taxicabs Every person conducting, managing or carrying on a taxicab business, or the business of carrying passengers for hire in vehicles where the operators are furnished by the person conducting, managing or carrying on the business, shall pay an annual license tax of thirty dollars ($30.00) for each taxicab or other vehicle used in the business. .020 Taxicab Stands Every person conducting, managing, carrying on or maintaining a taxicab stand upon any public street, road, alley or way in this City shall pay the following annual license tax: (1) Where the taxicab stand is designed to accommodate vehicles being parked parallel to the curb or side of the street, an annual license tax of two dollars ($2.00) per lineal foot of the length of the taxicab stand, measured along the side or curb of the street for the main or headquarters stand. For any alternate or additional location, the annual license tax shall be two hundred dollars ($200.00) per year for each parking space; (2) Where the taxicab stand is designed to accommodate vehiclesarked diagonally, an annual license tax of fifty dollars ($50.00 for each space designed to accommodate each vehicle for the main or headquarters stand. For any alternate or additional location, the annual license tax shall be two hundred dollars ($200.00) per year for each parking space. .030 Transporting Passengers for Hire -Fixed Route Every person conducting, managing or carrying on the business of transporting for hire passengers in a motor -propelled vehicle over a defined route, which vehicle receives and discharges passengers along the route, shall pay an annual license of one hundred dollars ($100.00) and twenty dollars ($20.00) for each vehicle over one used in the business. .040 Sightseeing and Limousine Service (1) Every person conducting, managing or carrying on the business of operating a sightseeing bus or limousine shall pay an annual license tax of one hundred dollars ($100.00) and twenty dollars ($20.00) for each sightseeing bus or auto over one used in the business. this section: (2) The following definitions shall apply to -38- (a) Sightseeing Service means a vehicle hired by persons which, by contract, is engaged for its exclusive use for a special trip or excursion from a starting point within the City of Anaheim. (b) Limousine Service means vehicles operated by persons engaged in the business of transporting passengers for hire by motor vehicle in the City, though strictly by prearrangement and not by soliciting business by cruising the streets. SECTION 3. EFFECTIVE DATE This ordinance shall become effective on January 1, 1989. SECTION 4. 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 elimination herefrom of any such portion as may be declared invalid. SECTION S. 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 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 31st day of August, 1988. ATTEST: cz� CITY CLERK OF THE CITY OF AN HEIM 081788 5284U -39- 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. 4950 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of August, 1988, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 30th day of August, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Pickler NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4950 on the 31st day of August, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 31st day of August, 1988. \--� CL- �� -A- CITY CLERK OF THE CITY OF ANAHEI (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4950 and was published once in the Anaheim Bulletin on the 9th day of September, 1988. I" -A-- 2 CITY CLERK OF THE CITY OF AN IM