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HomeMy WebLinkAboutOrdinance No. 2158 ORDINANCE NO. 2158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 8.12.110 OF THE AZUSA MUNICIPAL CODE RELATING TO FLOOR SPACE FOR PUBLIC DANCES THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8 .12. 110 of the Azusa Municipal Code is hereby amended to read as follows: "Section 8.12.110 FLOOR SPACE. No permit shall be issued for the conduct of any public dance, dance hall, dancing club, or dinner dancing place, nor shall any such dance be conducted at any establishment unless sufficient floor space for dancing is provided to accommodate the number of persons expected to dance. The amount of floor space for dancing shall be determined by the Chief of Police and set forth as a condition of the permit. " SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 4th day of January 1983 • MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2158 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 20th day of December ► 1982. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of January , 1983 by the following vote, to wit: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE f 7//-(V ADOLPH/OLIS, City Clerk Publish Azusa Herald 1/12/83 ORDINANCE NO. 2157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPEALING SECTION 5 .04 .030 OF THE AZUSA MUNICIPAL CODE, ADDING SECTIONS 5.08 .240 and 5.24 .040 TO THE AZUSA MUNICIPAL CODE AND AMENDING SECTIONS 5 .08 .230 , 5 .12.010 , 5 .12 .020 , 5 .12 .030 , 5 .16 .010 , 5 .20 .010 , 5.20 .020 , 5.20 .030 , 5.20 .040 , 5.20.050 , 5.20 .060 , 5 .24 .010 , 5.28 .060 , 5.32.010 , 5.32 .020, 5 .32.030 OF THE AZUSA MUNICIPAL COOE, RELATING TO THE AMOUNT, USE OF PROCEEDS AND METHOD OF PAYMENT OF BUSINESS LICENSE TAXES THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 5 .04 .030 of the Azusa Municipal Code is hereby repealed. SECTION 2 . Section 5 .08 .230 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .08 .230 . NONPAYMENT PENALTIES. For failure to pay an annual or quarterly license tax when due the City Clerk shall add a penalty of ten percent of the license tax on the tenth day of each month after the due date thereof; and for failure to pay a monthly, weekly or daily license tax when due, the City Clerk shall add a penalty of ten percent of the license tax on the day following the due date thereof. " SECTION 3 . Section 5.08 .240 is hereby added to the Azusa Municipal Code to read as follows: "Section 5 .08 .240 . PROCEEDS. The revenues collected from the taxes imposed and levied by this title shall be deposited in the General Fund of the City. " SECTION 4 . Section 5 .12 .010 of the Azusa Municipal Code is amended to read as follows: "Section 5 .12 .010 SALES--MANUFACTURING--SERVICES. Every person engaged in the business of selling goods, wares or merchandise at wholesale; every person in the business of manufacturing , processing or fabricating goods, wares or merchandise, including the production of oil , natural gas, and other hydrocarbons; every person engaged in the business of selling to the general public at retail , goods, wares, merchandise or commodities, including restaurants and other foods dispensers; every person engaged in any professional or semiprofessional occupation, trade or craft; every person primarily engaged in selling , performing or furnishing services other than commodities, including trades and crafts, and all other persons engaged in business, calling or occupation not otherwise specifically licensed or taxed by the other sections of this title , shall pay an annual license tax computed as follows: fifty dollars for each business employing five persons or less, plus five dollars per year for each of the next two hundred ninety-five employees, plus three dollars per year for each employee in excess of three hundred employees. " SECTION 5 . Section 5 .12 .020 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .12 .020 CONTRACTORS. The license tax for every person who is engaged in the business of general or building contractor shall be seventy dollars annually. The license tax for every person who is engaged in the business of subcon- tracting , including electrician, plumber, painter, etc . , shall be fifty dollars annually." SECTION 6 . Section 5 .12 .030 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .12 .030 LAUNDRIES AND DRY CLEANERS . (a) Every person, engaged in the business of conducting a place or plant in the City, where apparel , linens, or any material that is knit, woven or shaped from fibers, are washed, cleaned or renovated with the use of water, by any kind of power-driven equipment shall pay a license tax as computed pursuant to Section 5 .12.010 . (b) Every person engaged in the business of soliciting for, or collecting , receiving or delivering wearing apparel , clothes, rugs, or any cloth or material that is knit, woven or shaped from fibers and cleaned or renovated by any process, by, for, or on account of any laundry plant or combined laundry and dry-cleaning establishment, or establishment not having a fixed place of business in the City, where such person receives compensation for such service, either by way of fixed salary or commissions, shall pay a license tax of ninety-six dollars annually. (c) Every person engaged in the business of soliciting for or collecting , receiving or delivering wearing apparel , clothes or any cloth or material that is knit, woven or shaped from fibers and cleaned or renovated by any dry-cleaning process, not including a laundry or laundering process, for or on account of any dry-cleaning plant or estab- lishment not having a fixed place of business in the City, where such person receives compensation for such services, either by way of fixed salary or commissions , shall pay a license tax of ninety- six dollars annually. -2- SECTION 7 . Section 5 .16 .010 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .16 .010 MEDICINE PEDDLER, LICENSE TAX. Every person not having a fixed place of business in the City, engaged in the business of selling , offering for sale or peddling patent medicine, medicinal remedies or any pharmaceutical or biological product shall pay a license tax of seventy-two dollars annually provided that is such person uses music, musical instruments, loud- speakers, or any other device or method for the purpose of entertainment or attracting crowds , such person shall pay a license tax of one hundred eighty dollars annually. " SECTION 8 . Section 5 .20 .010 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .20 .010 FOR HIRE. Every person engaged in the business of running , driving , operating any wheeled vehicle for the transportation of passengers for hire shall pay a license tax of forty dollars annually for each vehicle so used, provided, however, that the maximum tax shall be one hundred dollars for three or more vehicles." SECTION 9 . Section 5.20 .020 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .20 .020 OIL TRUCKS. Every person who, in conjunction with the business in which such person is engaged and having a fixed place of business within the City, runs, drives or operates any wheeled vehicle for the purpose of hauling , peddling , distributing , selling receiving or delivering oil , gas, casinghead gas or other hydrocarbon substances, in bulk , tank , drums, cans or otherwise, shall pay a license tax of forty dollars annually for each vehicle so used. " SECTION 10 . Section 5 .20 .030 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .20 .030 HAULING, PEDDLING, DELIVERY. Every person who, in conjunction with the business in which such person is engaged, runs, drives or operates, and every person engaged in the business of running , driving or operating , for hire or otherwise, any wheeled vehicle for the purpose of hauling , peddling, distributing , selling , receiving or delivering , and who actually hauls, peddles, distributes, sells, receives or delivers within the City, for resale, or otherwise, personal property of any kind, nature or description, unless otherwise herein provided, shall pay a license tax of forty dollars annually for each wheeled vehicle so run, driven or operated; provided, that the provisions of this paragraph, unless provided otherwise in this title, shall not apply to any person having a fixed place of business within the City which has been licensed -3- under this title, and in the usual course of business, uses a wheeled vehicle or vehicles for the delivery of personal property which has been sold from that place of business. Commercial refuse truck operators shall pay a license fee of forty dollars plus one dollar per bin per month based upon the maximum number of bins in use within the City during the prior fiscal year. " SECTION 11 . Section 5.20 .040 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .20 .040 BAKERY PRODUCTS SALE. Every person, including persons having a fixed place of business in the City, engaged in the business of selling at retail , bread or other bakery products from a wheeled vehicle, over a fixed route, from door to door, or otherwise upon the streets, shall pay a license tax of seventy-two dollars annually for each vehicle so used." SECTION 12 . Section 5 .20 .050 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .20 .050 ICE, VEGETABLES, FISH, FOOD PRODUCTS SALE. Every person, including persons having a fixed place of business in the City, engaged in the business of selling at retail, ice, vegetables, fish, food products or other commodi- ties not otherwise herein expressly provided for from a wheeled vehicle over a fixed route, from door to door, or otherwise upon the streets, shall pay a license tax of forty dollars annually for each vehicle so used." SECTION 13 . Section 5 . 20 .060 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .20 .060 ICE CREAM, FROZEN FOOD PRODUCTS SALE. (a) Over a Fixed Route. Every person, including persons having a fixed place of business in the City, engaged in the business of selling ice cream or ice cream mix, ice milk or ice milk mix, or sherbet or sherbet mix, or other frozen products other than ice, at retail , from a wheeled vehicle, over a fixed route from door to door, or otherwise upon the streets, shall pay a license tax of forty-eight dollars annually for each vehicle so used. (b) To Merchants for Resale. Every person, including persons having a fixed place of business, selling ice cream or ice cream mix, ice milk or ice milk mix, or sherbet or sherbet mix, or other frozen products, other than ice, to merchants for resale from a wheeled vehicle, shall pay a license tax of forty dollars annually for each vehicle so used. " -4- SECTION 14 . Section 5 .24 .010 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .24 .010 COIN-OPERATED VENDING MACHINES. (a) Every person engaged in the business of, or who in conjunction with any other business, houses or maintains, coin-operated vending machines for the sale of goods, wares or merchandise or services in the City shall pay an annual license tax calculated upon the gross receipts from sales made through such machines within the City as follows : Thirty dollars per year for the first ten thousand dollars of annual gross receipts or part thereof, and three dollars and fifty cents per one thousand dollars on each additional sum in excess thereof, but in no case shall the tax on gross receipts exceed the sum of one thousand five hundred dollars for any one year. (b) The fees prescribed in this section for the first unit of gross receipts shall be due and payable at the time the application for the license is filed. Within thirty days after the end of the year for which the license is issued or at the time an application is filed for the renewal of the license, whichever is earlier, the licensee or applicant, as the case may be, shall file a declaration under penalty of perjury specifying the total amount of gross receipts received from the operation of the machines received within the City during the license period . If any additional taxes are due upon the basis of the gross receipts from any such machines, the additional tax shall be paid at the time the declaration is filed and before any renewal license is issued . (c ) New Installation. Whenever any person subject to the tax herein specified claims or actually maintains a machine or group of macbines which are newly installed or which have no previous gross receipts on which a tax can be calculated, then the claimant shall pay the minimum tax of twenty dollars. (d) As used in this section, 'gross receipts' means the total number of dollars actually removed from all declared machines during the license period without any deduction whatsoever. " SECTION 15 . Section 5 .24 .040 is hereby added to the Azusa Municipal Code to read as follows: "Section 5 .24 .040 MECHANICAL OR ELECTRONIC GAMES. (a) Every person engaged in the business of, or who in conjunction with any other business, houses or maintains mechanical or electronic games, as defined in subsection (b) , shall pay an II -5- annual business license tax of fifty-eight dollars for each machine operated within the City. (b) For the purposes of this section "mechanical or electronic games' shall mean any machine, apparatus, contrivance, appliance or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance or after use, involving in its use either skill or chance, including , but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device. " SECTION 16 . Section 5 .28 .060 of the Azusa Municipal Code is amended to read as follows: "Section 5 .28 .060 BOXING OR WRESTLING ARENA. Every person engaged in the business of operating any place to which the public is admitted, and an admission fee is charged, and at which any boxing or wrestling match or exhibition is conducted, presented or carried on, shall pay a license tax of three hundred sixty dollars annually. " SECTION 17 . Section 5 .32 .010 of the Azusa Municipal Code is amended to read as follows: "Section 5 .32 .010 OUTDOOR ADVERTISING. Every person engaged in the business of outdoor adver- tising , advertising structures, billboards, advertising signs, painted signs on structures, signboard, or similar devices, shall pay a license tax of seventy dollars per year plus fourteen cents per square foot per year for each such billboard , advertising sign, signboard or sign device so constructed, erected, installed, main- tained or operated by him; provided that the provisions of this section shall not be deemed to apply to signs affixed to the building or on the land on which a licensed business is being operated, which sign or signs refer only to such business, nor to ' for sale' or ' for rent' signs on the same real estate offered for sale or for rent. SECTION 18 . Section 5 .32 .020 of the Azusa Municipal Code is hereby amended to read as follows: Section 5 .32.020 ADVERTISING ON WHEELED VEHICLES. (a) Every person engaged in the business of operating , and who operates upon the streets, any wheeled vehicle equipped with music or a musical device, loud speaker, or other device for attracting attention shall pay a license tax of ten dollars per day for each vehicle used, except those businesses licensed under Section 5 .20 .060. -6- (b) Every person engaged in the business of operating , and who operates upon the streets any wheeled vehicle for advertising purposes and to which wheeled vehicle there are attached signs, placards, billboards or other advertising matter shall pay a license tax of ten dollars per day for each vehicle so used. (c) Every person engaged in the business of operating and who operates upon the street, any wheeled vehicle equipped with a searchlight for attracting attention shall pay a license tax of ten dollars per day for each vehicle so used." SECTION 19 . Section 5 .32 .030 of the Azusa Municipal Code is hereby amended to read as follows: "Section 5 .32 .030 HANDBILL DISTRIBUTION. For distribution of handbills, samples or other advertising mediums, data or matter from house to house or from place to place (except the distri- bution of complete newspapers holding a ' second class permit' under United States Postal Regulations, provided such newspapers be distributed in such form as is set forth in the second class permit) , a daily license fee of ten dollars, or an annual license fee of forty dollars is required." SECTION 20 . EFFECTIVE DATE. The City Council finds and declares that this Ordinance is one relating to taxes for the usual and current expenses of the City and shall therefore take effect immediately upon its passage. SECTION 21 . The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 4th day of January , 1983 . MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I ADOLPH SOLIS City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2157 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 20th day of December , 1982 . That thereafter, said Ordinance was duly -7- adopted and passed at a regular meeting of the City Council on the 4th day of January , 1983 , by the following vote, to wit: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE lam' ADO PH S LIS, City Clerk Publish Azusa Herald 1/12/83 -8- 1