Loading...
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. z CITY CLERK OF THE CITY OF ANAHEIM