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HomeMy WebLinkAboutOrdinance No. 2233 S i ORDINANCE NO. 2233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING TITLE 5 OF THE AZUSA MUNICIPAL CODE RELATING TO THE DEFINITION OF BUSINESS LICENSE OFFICER AND THE ASSIGNMENT OF CERTAIN BUSINESS LICENSE FUNCTIONS TO THE BUSINESS LICENSE OFFICER THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 5. 04. 013 is hereby added to the Azusa Municipal Code to read as follows: 5. 04. 013 BUSINESS LICENSE OFFICER. As used in this title "Business License Officer" shall be the person designated by the City Council to issue business licenses and permits, enforce the provisions of this title, and perform the other duties required by this title. SECTION 2. Section 5. 08. 060 of the Azusa Municipal Code is hereby amended to read as follows: 5. 08. 060 EXEMPTIONS -- GENERAL PROVISIONS. (a) 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 from the payment to municipal corporations of such taxes as are herein prescribed. (b) Any person claiming an exemption pursuant to this section shall file a verified statement with the Business License Officer stating the facts upon which exemption is claimed. (c) The City Council shall, upon a proper show- ing contained in the verified statement, direct the Business License Officer to issue a license to such person claiming exemption under subsection ( a) without payment to the City of the license tax required by this title. (d) The City Council may revoke any license granted pursuant to the provisions of this section upon information that the license is not entitled to the exemption as provided herein. SECTION 3. Section 5. 08. 080 of The Azusa Municipal Code is hereby amended to read as follows: 5. 08. 080 CONTENTS. Every person required to have a license under the provisions of this title shall make application for the license to the Business License Officer, and upon the payment of the prescribed tax the Business License Officer shall issue to such person a license which shall contain: ( 1 ) The name of the person to whom the license is issued; ( 2 ) 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. " SECTION 4 . Section 5.08. 110 of the Azusa Municipal Code is hereby amended to read as follows: 5. 08. 110 DUPLICATE. A duplicate license may be issued by the Business License Officer to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the Business License Officer a duplicate license fee of two dollars. SECTION 5 . Section 5. 08. 120 of the Azusa Municipal Code is hereby amended to read as follows: 5. 08. 120 POSTING -- KEEPING. All licenses must be kept and posted in the following manner: ( 1 ) Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on; ( 2) Any licensee transacting and carrying on business but not operating at a fixed place of business in the City shall keep the license upon his person at all times while transacting and carrying on such business; ( 3) Any licensee to whom a license has been issued for the operation of a wheeled vehicle shall be issued by the Business License Officer, in addition to the license certificate, a paper or metal license certificate and this certificate shall at all times during the effective dates thereof be affixed to the windshield in the case of a sticker, and on the rear of the vehicle in a conspicuous place in case of a metal license plate. SECTION 6 . Section 6. 08. 130 of the Azusa Municipal Code is hereby amended to read as follows: 5.08. 130 SWORN STATEMENT -- REQUIRED. Whenever the license tax is determined or calculated upon a basis of the number of employees, partners, associates or persons engaged in the applicant ' s business or occupation, the following procedure shall be followed at time of applying for a license: -2- ( 1 ) Estimating Average Number. If applicant has not previously been engaged in business in the City, or has been so engaged for less than one year, he shall file with the Business License Officer a sworn statement setting forth the estimated average number of persons he intends to employ in connection with the operation of the business during the ensuing year, and such estimated average number shall be used in arriving at the amount of license fee to be paid; ( 2) Average Number Employed in Past Year. If the applicant has been engaged in business in the City continuously for one year or more, he shall file with the Business License Officer a sworn statement showing the average number of persons employed by or associated with him in connection with the business during the year prior to the date of making such application, and the statement shall be used by the Business License Officer in determining the amount of license fee to be paid for the next ensuing year. In determining such average the number so associated with or employed by the applicant on the last business day of each calendar month shall be added together and the sum thereof divided by twelve. SECTION 7 . Section 5.08. 140 of the Azusa Municipal Code is hereby amended to read as follows: 5. 08. 140 SWORN STATEMENT -- AUDIT AND VERIFICATION. No sworn statement shall be conclusive as to the matters set forth therein, nor shall the statement preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Each such statement shall be subject to audit and verification by the Business License Officer who is authorized to cause an examina- tion of such books and records of any licensee or applicant as may be necessary to verify or ascertain the amount of license tax due, and all licensees and applicants for licenses are required to permit an examination of such books and records for the sole purpose of securing data as to the correct number of employees or associates, but for no other purpose. SECTION 8 . Section 5.08. 150 of the Azusa Municipal Code is hereby amended to read as follows: 5.08. 150 SWORN STATEMENT -- FAILURE TO FILE. If any person fails to file any required statement within the prescribed time, the Business License Officer may determine the amount of license tax due from and payable by such person, by means of such information as he may be able to obtain. The Business License Officer shall give notice of the amount assessed by serving it personally or by depositing it in the United States Post Office at Azusa, California, postage prepaid, addressed to the person so assessed at his last know address. Such person may within ten days after the mailing or serving of such -3- notice make application in writing to the City Clerk for a hearing on the amount of the license tax. If such application is not made within the time prescribed, the assessment shall become final, and if such application is made within the time pre- scribed , the City Clerk shall cause the matter to be set for hearing before the City Council . The City Council shall con- sider all evidence produced, and the amount of the license tax so determined by the City Council shall be the amount due and payable for such license. SECTION 9 . Section 5.08. 160 of the Azusa Municipal Code is hereby amended to read as follows: 5.08. 160 CITY COUNCIL APPROVAL. No license shall be issued by the Business License Officer for any of the businesses set forth in Sections 5. 12.040, 5. 12.060--5 . 12. 080, 5. 16.010, 5. 16.020, 5. 20 .010 , 5. 24.030 , 5. 28. 010 , 5. 28. 030, 5. 28.060, 5. 28 . 100, 5. 28. 120, 5. 28. 200, or for any place of amusement, exhibition or entertainment for which a license is required under this code with the approval of and a permit from the City Council , unless and until the City Council shall have approved the same or issued a permit therefor. Application for such approval or permit signed by the applicant shall be filed with the Business License Officer upon such form as the Business License Officer may prescribe. The City Council may impose such terms, conditions and restrictions upon the operation, management, and conduct of these businesses, not in conflict with any paramount law, as the Council may deem necessary or expedient for the protection of the health, safety and welfare of the City and its inhabitants. SECTION 10. Section 5.08. 170 of the Azusa Municipal Code is hereby amended to read as follows: 5. 08. 170 REVOCATION AND SUSPENSION. Every license granted under the provisions of this title or any preceding ordinance is granted and used by all parties receiving or using the same subject to the express condition that the City Council may revoke the same at any time when it is determined by the City Council that any state of facts exists upon which it would be authorized to deny an application for such license, or permit, if required, or that the person to whom such license was issued or any of his agents, servants or employees, or any other person in charge of or employed about the business for which the same was issued, has violated any of the conditions of the license, or permit, if any, or terms of this code or of any law of the State, now or hereafter in force, regulating the occupation or business for which such license is issued, or that the license or permit was obtained by fraudulent representations, or that the holder thereof is an unfit person to be trusted -with the privileges -4- granted by the license, or has conducted his business in an immoral or disorderly manner, or has failed to make every reasonable effort to maintain order among his customers and patrons and to prevent violations of law or ordinance by them, or that the business has been so conducted as to be a public nuisance; provided, however, that no license shall be revoked without giving the holder thereof an opportunity to appear before the City Council and be heard in his own behalf. The City Council shall cause a notice of such hearing to be given to the holder of such license at a time not less than five days before the hearing . At the time set for the hearing or at the date to which the hearing may be continued by the City Council , the holder of the license may be heard and may present any facts to show why such license shall not be revoked, and the City Council shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked, and may, if it so desires, place under oath and question any person before it; provided, that the City Council may close the hearing when it is convinced that no public good will result from its continuance. At the close of the hearing , or at any time within thirty days thereafter, the City Council shall determine from the facts produced at the hearing, and from any other facts in its possession, whether or not the license should be revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the City Council deems for the public good. On the revocation of the license no part of the money in the hands of the City shall be returned, but such license fee shall be forfeited to the City. Notice of such revocation shall be given to the license holder by the Business License Officer. A license may be suspended for such time and subject to such conditions as the City Council may impose in the same manner and for the same reasons that a license may be revoked. The City Administrator shall also have the power to suspend any license upon his determi- nation that grounds for revocation exist, pending determination by the City Council that the license should be revoked or suspended. SECTION 11 . Section 5.08. 190 of the Azusa Municipal Code is hereby amended to read as follows: 5.08. 190 ISSUANCE RESTRICTIONS. No person shall be entitled to the issuance of a license to carry on any unlawful business or any business in any building or premises in which such business is not permitted under the provisions of the building code or fire code or other provisions of this code or any business in any zone or location in -5- which such business is not permitted under Title 19 , and no such license shall knowingly be issued by the Business License Officer or any other City officer. Any license issued to a person who is not entitled thereto under the provisions of this section shall be null and void. The payment of a license tax fixed by the provisions of this title and its accept- ance by the City and the issuance of the license to any person who is not entitled thereto under the provisions of this section shall not entitle the holder thereof to carry on any business in or on any building or premises designated in such license, in the event that such building or permises do not qualify for such license under the building code or fire code or are situated in a zone or locality in which the conduct of such business is in violation of any zoning or other law or ordinance. SECTION 12. Section 5.08 . 200 of the Azusa Municipal Code is hereby amended to read as follows: 5.08. 200 ENFORCEMENT. It shall be the responsibility of the Business License Officer to enforce each and all of the provisions of this title, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Business License Officer and/or the City Council. The Business License Officer or his deputies in the exercise of the duties imposed upon him hereunder, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this title have been fully complied with. The Business License Officer and all of his deputies or any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein, and demand the exhibit of the license certi- ficate. Any person having such license certificate theretofor issued in his posses- sion or under his control , who willfully fails to exhibit the license certificate on demand shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this code. SECTION 13. Section 5.08. 230 of the Azusa Municipal Code is hereby amended to read as follows: 5. 08. 230 NONPAYMENT--PENALTIES. For failure to pay an annual or quarterly license tax when due, the Business License Officer 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 Business License Officer shall add a penalty of ten percent of the license tax on the day following the due date thereof. -6- SECTION 14. Section 5.12. 120 of the Azusa Municipal Code is hereby amended to read as follows: 5. 12. 120 SANITARY LANDFILLS AND DISPOSAL FACILITIES. All sanitary landfills and disposal facilities and sites shall pay a quarterly business license tax in an amount equal to two percent of gross receipts received from disposal of waste matter on the site provided that the total amount of the tax shall not be less than thirty-five thousand dollars per calendar year. The first such payment filed with a statement of gross receipts from the operation of any sanitary landfill and disposal site which is subject to taxation pursuant to this section shall be due and payable ten days following the last day of the quarter following adoption of this section and quarterly thereafter. For the purpose of this section, quarters end in the months of September, December, March and June. Said statement of gross receipts shall not be conclusive as to the matter set forth therein, nor shall the filing of the same preclude the City from collecting, by appropriate action, such sums as are actually due and payable. Such statement and each of the several items therein contained shall be subject to audit and verification by the Business License Officer to inspect the books and records of the licensee as may be necessary to verify or ascertain the amount of the license fee due. There shall be no charge imposed for the disposal of waste matter by the City of Azusa. SECTION 15. Section 5. 16.030 of the Azusa Municipal Code is hereby amended to read as follows: 5. 16.030 APPLICATION--CONTENTS. Every person applying for a solicitor' s license shall make written application to the Business License Officer therefor, which application shall set forth the name and address of the applicant; the name and address of the employer of such applicant, if he has one; the nature of the business of such employer and the nature of the product for which the petitioner will solicit. SECTION 16. Section 5. 16.040 of the Azusa Municipal Code is hereby amended to read as follows: 5. 16.040 APPLICANT INVESTIGATION. The applicant shall also file with his application an affidavit setting forth his citizenship status; that he has not been convicted of a felony and the place of his or her residence showing the address thereof during a period of two years last prior to the date of the application. After the application has been filed, the Business License Officer shall investigate the applicant and the statements in the application contained, which investigation shall not exceed a period of one week . If, upon such investigation, it is found that the state- ments set forth in the application are true, license may be issued, and if , on the other hand, they are found to be untrue in any -7- material manner, application for license may be denied. In the event the Business License Officer shall refuse to issue a license to applicant, such applicant may appeal from the decision of the Business License Officer to the City Council by filing a written notice of the appeal in the office of the City Clerk within five days after notification by the Business License Officer that his application for license has been denied. SECTION 17. Section 5. 02. 070 of the Azusa Municipal Code is hereby amended to read as follows: 5. 20. 070 CHARITABLE SOLICITATIONS--PERMIT. Except as otherwise granted by the City Council, or provided by Chapter 5. 21 of this Code, no fee-exempt permit shall be issued to any charit- able, philanthropic, benevolent organization or nonprofit corporation to solicit contributions of cash or property or to engage in the sale of merchandise within the City unless the following information is filed annually in the office of the Business License Officer; (a) A copy of a determination letter from both the United States Internal Revenue Service and the California State Franchise Tax Board declaring that the organization or nonprofit corporation is exempt from the Federal and State income taxes; (b) A list of the names and addresses of all officers of the organization or nonprofit corporation and the names and addresses of all persons responsible for the activity for which the application for the permit is being made; (c) A specific statement of all contributions collected or received by the organization or nonprofit corporation within the year immediately preceding the date of the filing of the application and the expenditure or use made of such contributions, including the names and amounts paid to all persons as wages, compensa- tion or commissions from such contributions; (d) Such other information as may be reasonably requested by the Business License Officer. SECTION 18. Section 5. 21. 010 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 010 DEFINITIONS. (a) "Solicit" and "solicit- ation" mean the request, directly or indirectly , of money, credit, property, financial assistance or other things of value on the plea or represent- ation that such money, credit, property, financial assistance or other thing of value will be used for a religious purpose as those purposes are defined in this section, conducted door to door, in any place of public accommodation, in any place of business open to the public generally, on the City streets and sidewalks, in the public parks, on the public beaches or in any public -8- places. These words also mean and include the following methods of securing such money, credit, property, financial assistance or other thing of value, when conducted in the manner stated above : (1 ) Any oral or written request ; ( 2 ) The local distribution, circulation, posting or publishing of any handbill, written advertisement or other local publication; ( 3 ) The sale of any goods or services. ( b) "Solicitation" as determined herein shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution referred to in this section. (c) "Religious" or "religion" shall have the meaning established by the Supreme Court of California or the Supreme Court of the United States. It shall not mean and include the word "charitable. " (d) "Person" means any individual, firm, partner- ship, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof. (e) "Contributions" means and includes the word alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property. SECTION 19. Section 5. 21. 040 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 040 FILING APPLICATION FOR PERMIT. An application for a religious solicitation permit shall be made to the Business License Officer upon forms prescribed by him. The application shall be sworn to or affirmed and filed with the Business License Officer not less than ten days prior to the time at which the permit applied for shall become effective ; provided , however the Business License Officer may for a good cause shown allow such filing less than ten days prior to the effective date the permit applied for. SECTION 20. Section 5. 21. 050 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 050 INFORMATION REQUIRED IN APPLICATION. The application shall contain the following information: ( 1 ) Name, residence address and principal office of the person applying for the permit. ( 2 ) If the applicant is not an individual, the names and addresses of the applicant ' s principal officers and executives. -9- ( 3 ) A statement that the purpose of which the solicitation is made is exclusively for and in connection with the exercise of religion. (4 ) The total amount of funds proposed to be raised by solicitation. (5 ) The name and residence address of the person or persons who will be in charge of conducting the solicitation and the names of all funds raisers connected to or to be connected with the proposed solicitation. " ( 6 ) A short outline of the method or methods to be used in conducting the solicitation. (7 ) The time when such solicitations will be made, giving the preferred dates and hours of the day for the commencement and termination of solicitation. ( 8) A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the City or any department or officer thereof. If while the application is pending or during the term of any permit granted there is a change in fact, policy or method that would alter the information to be given in the application the applicant shall notify the Business License Officer in writing thereof within twenty-four hours after such change. SECTION 21. Section 5. 21. 060 of the Azusa Municipal Code is hereby amended to read as follows : 5. 21. 060 INVESTIGATION. The Business License Officer shall investigate all applications to the extent he deems necessary for him to perform his duties hereunder. Upon request by the Business License Officer applicant shall make available for inspection all of applicant ' s financial books, records and papers at any reasonable time before the application is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the determination of the factual accuracy of the information contained in the application. Failure to make any such information available within ten days at the Business License Officer' s request to inspect same shall automatically result in revoca- tion of an existing permit, or may be the basis for denial of an application. SECTION 22. Section 5. 21. 080 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 080 ISSUANCE OF PERMIT. The Business License Officer must issue the permit unless any of the following have been demonstrated: -10- (a) Any statement made in the application is factually incorrect. (b) That the proposed solicitation will violate any of the requirements of Section 5. 21 .070 above. (c) That applicant has not provided the information required by this chapter. SECTION 23. Section 5. 21.090. of the Azusa Municipal Code is hereby amended to read as follows: 5. 21 .090 TIME OF ISSUANCE. The Business License Officer shall either grant or deny the requested permit within ten days of the date the application is made. In the event the Business License Officer fails to act within the time prescribed, the permit shall be deemed granted. SECTION 24. Section 5. 21. 100 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 100 RENEWAL OF PERMIT. On the expiration of any permit, and if requested in writing to do so, the Business License Officer must renew the permit within ten days of such request, if the factual information upon from which the original application was granted remains unchanged and no violations have been committed. Upon such request for renewal applicant must state that no change has occurred since issuance of the original permit. SECTION 25. Section 5. 21. 150 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 150 DENIAL OF PERMIT. In the event the Business License Officer denies a permit to any applicant, the Business License Officer shall give the applicant a written notice, stating with specificity the reasons for such denial. SECTION 26. Section 5. 21 . 160 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 160 REVOCATION. Whenever it shall be shown that any person to whom a permit has been issued has violated any of the provisions of this chapter, the Business License Officer shall suspend the permit after giving written notice to the permit holder of not less than two business days in person or by registered special delivery of the proposed revocation, stating with specificity the reason for such proposed revocation. SECTION 27. Section 5. 21 . 170 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21. 170 APPEAL TO CITY COUNCIL. Any applicant or permit holder aggrieved by any action of the Business License Officer to deny, revoke or refuse to renew a permit may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the Business -11- { ` 1 License Officer. Such appeal shall be filed within ten days after the disputed action of the Business License Officer; and the City Council shall hear the appeal at its next regular meeting, not more than fifteen days after filing thereof. At the time of the appeal hearing, the City Council shall hear all relevant evidence and shall determine the merits of the appeal and render a decision thereon within three business days of the hearing. In the event the City Council affirms the decision of the Business License Officer, the appellant shall be given written notice thereof within two days thereafter, stating with specificity the reasons for the decision. The action of the City Council shall be final and appealable to the Superior Court of the State of California pursuant to Code of Civil Procedure Section 1094. 5. SECTION 28. Section 5. 21. 200 of the Azusa Municipal Code is hereby amended to read as follows: 5. 21 . 200 AUTHORITY OF BUSINESS LICENSE OFFICER. Nothing hereunder shall be construed as granting to the Business License Officer or any other person the authority to grant, deny, revoke, renew or suspend any permit by reason of disapproval or agreement with the philosophy, opinion or belief that the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for herein. SECTION 29. Section 5. 28.020 of the Azusa Municipal Code is hereby amended to read as follows: 5. 28.020. CIRCUS - PERMIT PROCEDURE. Written application for a permit for any circus, carnival or traveling show of a like character shall be filed with the Police Department at least thirty days before the first date for which such permit is to be effective. There shall be filed with the application a list of the names and addresses of all owners, agents, and employees of such circus, carnival or traveling show who will participate in the operations for which the permit is requested. In the event of any change in the personnel after the filing of the application and before the permit is issued, written notice of such change, including the names and addresses of any additional personnel, shall be filed with the Police Department. The Chief of Police shall cause each such owner, agent and employee to be photographed and fingerprinted and shall collect a service charge of ten dollars for each such person so photographed and fingerprinted. The application, list, photographs and fingerprints shall be filed with and remain a part of the permanent records of the Police Department. No permit shall be issued until the photographing and fingerprinting of the persons named on the list has been completed and application has been made to the Business License Official for the required business license. No facilities shall be erected, installed or moved into place until the permit is issued. Members of any local organization the permit is issued. Members of any local organization which contracts for or sponsors such circus, carnival, or other show and who perform services -12- therefor without personal compensation shall not be considered as owners, agents or employees within the meaning of this section. SECTION 30. Section 5. 28.070 of the Azusa Municipal Code is hereby amended to read as follows: 5. 28.070 BOXING CONTEST - PERMIT REQUIRED. No person, association or club shall hold or conduct any boxing contests or sparring exhibitions without a permit in writing therefore first being obtained from the Council . Every such applicant of any such permit shall file with the Business License Officer a written application therefor which shall state the time or times when and place where the proposed boxing contest or sparring exhibitions are to be held or conducted and the name and address of the applicant. SECTION 31. Section 5. 40. 030 of the Azusa Municipal Code is hereby amended to read as follows: 5. 40.030 CERTIFICATE - APPLICATION - CONTENTS. Any person desiring to obtain the certificate required by Section 5. 40.020 shall pay a fee of twenty-five dollars to the Business License Officer, and make a verified application for the certificate to the City Council , which application shall set forth: ( 1 ) The name and address of the applicant, and if the applicant be a corporation, the names of its principal officers, or if the applicant be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each; ( 2) A complete schedule of the fares or rates to be charged; ( 3) A description of every motor vehicle which the applicant proposes to use, giving: (A) Trade name, (B) Motor and serial number, (C) State license number, (D) Seating capacity, (E) Body style; ( 4) The street number and exact location of the place where the applicant proposes to stand each such taxicab; ( 5) The name of the legal and registered owner of each such vehicle; ( 6) The distinctive color scheme, name, monogram, and insignia, which shall be used on such taxicab; (7) If any proposed stand is in the public street, the application shall be accompanied by -13- a written consent thereto of all occupants of the ground floor of any building or lot in front of which such taxicab is to be located, and for twenty-five feet each way therefrom, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot. SECTION 32. Section 5.40.040 of the Azusa Municipal Code is hereby amended to read as follows: 5.40.040 CERTIFICATE - APPLICATION - HEARING. Upon receipt of any application referred to in Section 5. 40.030 , the Business License Official shall set a time, not less than ten nor more than thirty days thereafter, for the hearing of the application before the City Council, and shall give notice of the time so set, at least five days before the date of the hearing , to the applicant, by mail, at the address set out in such application, and by publication of notice of such application and the date of hearing in a city newspaper on one day of publication. SECTION 33. Section 5.40.050 of the Azusa Municipal Code is hereby amended to read as follows: 5. 40.050 CERTIFICATE - ISSUANCE. At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity, require the issuance of the certificate applied for, and if it be found by the Council that the public interest, convenience and necessity, require the issuance of the certificate applied for, it shall by resolution order the Business License Officer to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as hereinafter provided, and subject to such conditions as may be imposed by the resolution including the minimum and maximum number of vehicles that may be used. SECTION 34. Section 5.40.070 of the Azusa Municipal Code is hereby amended to read as follows: 5. 40.070 INSURANCE REQUIRED. Before a certificate shall be issued by the Business License Officer, the applicant to whom a certificate shall have been awarded by the City Council as aforesaid, shall deliver to the City Council , a policy of insurance, executed by a company duly authorized under the laws of the State to do an insurance business, by the provisions of which policy the company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of any automobiles referred to in the application, provided, that the maximum amount for which liability shall be assumed for injury to or death of one person in any one accident shall be not less than one hundred thousand dollars, and for injury to or death of more than one person in any one accident shall be not less than two hundred thousand dollars, and the -14- maximum amount for which liability shall be assumed for injury to or destruction of property in any one accident shall be not less than fifty thounsand dollars. SECTION 35. Section 5. 40.090 of the Azusa Municipal Code is hereby amended to read as follows: 5. 40.090 APPLICATION FOR PERMISSION TO CHANGE: In the event that any certificate holder desires to change his schedule of rates and charges or the color scheme, name, monogram or insignia used on such taxicab, or to increase or decrease the number of vehicles used by him as taxicabs, he shall make application for permission to do so from the City Council , which permission shall be granted if, in the discretion of the City Council , it deems the public interest, neces- sity and convenience will be subserved by the change, and if the certificate holder has complied with all provisions of this chapter. In case of the substitution of any vehicle for a vehicle, the certificate holder shall prior to or immediately upon such substitution notify the Business License Officer thereof in writing giving the required description of both the former and the new vehicles. SECTION 36. Section 5. 44.030 of the Azusa Municipal Code is hereby amended to read as follows: 5. 44.030 BOND OR INSURANCE--REQUIRED. The application mentioned in Section 5. 44.020 shall be presented to the Council , who may grant a permit. However, prior to the issuance of such permit to the permittee, and prior to the maintaining of any bench in or upon any street, such permittee shall pay the City sixty dollars, plus six dollars, for each bench for which a permit has been granted, and shall file with the Business License Officer a surety bond or policy of public liability insurance in the amount of one hundred thousand dollars public liability and five thousand dollars property damage, approved by the City Attorney as to form, and conditioned as approved in Section 5.44.040. All moneys collected under any provision of this chapter shall be deposited to the general fund. SECTION 37. Section 5.44 .040 of the Azusa Municipal Code is hereby amended to read as follows: 5. 44.040 BOND OR INSURANCE--REQUIREMENTS. The bond or policy required by Section 5.44.030 shall be conditioned that the permitee will indemnify and save the City, its officers and employees, free and harmless from any and all loss, costs, damages, expenses and liability which might result from or arise out of the granting of a permit or the maintenance of a bench for which the permit is issued, and that the permittee will pay any and all loss or damage which may be sus- tained by any person may be sustained by any person as a result of , or which may be caused by, -15- or arise out of such maintenance. The bond or policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. Each such bond or policy shall be of such a type that its coverage shall be automatically restored immediately after the time of any accident from which liability may thereafter accure, and shall specifically provide that the same shall not be exhausted by successive suits upon the same, and, further, that the same shall not be cancellable without ten days ' prior written notice delivered to the Business License Officer. SECTION 38. Section 5. 44.050 of the Azusa Municipal Code is hereby amended to read as follows: 5. 44.050 PERMIT--CONTENTS. Upon compliance with Section 5. 44.040 by the permittee, the Business License Officer shall issue to the permittee the permit approved by the Council, which permit shall contain the date of its issuance, date of its expiration, the name and address of the permittee, the location of the benches, a number assigned to each bench covered by the permit, and a statement of the conditions, if any, upon which the permit was approved. The Business License Officer shall keep an index of all permits issued hereunder and of the bench numbers assigned under each permit. During all times that a bench is maintained in a street under this chapter, the number assigned by the Business License Officer to each such bench shall be plainly stenciled thereon by the permittee in numerals at least one inch in height and three-quarters of an inch in width, in waterproof paint of a color to be plainly legible at least five feet therefrom. SECTION 39. Section 5.48.020 of the Azusa Municipal Code is hereby amended to read as follows: 5. 48.020 APPLICATION. Application for any permit required by this chapter shall be filed with the Business License Officer in writing, shall be signed and verified by the applicant, and shall set forth the following : ( 1 ) The name and address of the applicant ; ( 2) The location of the proposed sale; (3) The nature of the occupancy at such location; ( 4) The nature of and reason for the proposed sale ; ( 5) The dates upon or period during which the proposed sale is to be conducted. " SECTION 40. Section 5. 50.020 of the Azusa Municipal Code is hereby amended to read as follows: 5. 50.020 PERMIT REGULATIONS. Garage or lawn sales, the on-site sale of miscellaneous household -16- items of personal property accumulated by the occupant of a residence as a normal matter of course, may be held on any building site occupied by a residence, provided that a permit has been acquired from the Business License Officer. Said permit shall be in force for a period of three consecutive days. ( i ) Only two such permits may be issued to an individual or address during any calendar year; ( ii ) Exception: As an exception to sub- paragraph ( i ) above, senior citizen house- holds where the applicant is at least sixty- five years of age, a recipient of retirement benefits, and who signs a declaration that such garage sales are necessary for support, may be issued not to exceed one such permit per month regardless of location. Individuals conducting such sales shall observe the following regulations: (a) No signs or devices used in connection therewith shall be placed on any public right-of-way. (b) No signs or devices shall be placed on any private property except, one double-faced sign not to exceed five square feet in area ( 24" x 30" ) may be displayed at the site of the sale during the period of time that the garage sale permit is in force. (c ) A copy of the garage or lawn sale permit shall be displayed at the site of the sale. (d) All items available for sale shall be subject to inspection upon request of a City Official. (e ) Any violation of these regulations shall result in immediate termination of the garage or lawn sale by appropriate authority. SECTION 41. Section 5.52.020 of the Azusa Municipal Code is hereby amended to read as follows: 5. 52.020 REGISTRATION. A. No alarm company operator or alarm agent (as defined in Business and Profession Code ) nor their employees, shall install, maintain, or repair any alarm system within the City unless the alarm company operator and/or alarm agent have, prior to obtaining a business license, registered their names and addresses and filed a copy of their State identification card with the Business License Officer. B. The following information shall be included on the business license application of a subscriber to an alarm system, or, where the subscriber is not required to -17- have a business license, on a separate form filed with the Business License Officer. 1 ) Name, address and phone number of the alarm company and/or alarm agent installing , maintaining or repairing their alarm system. 2) A description as to the type of alarm (such as but not limited to silent, audible, direct dialer or central office) . 3) Name, address and telephone number of person to be called pursuant to an alarm activation. C. Each subscriber shall give written notice whenever any change occurs in any information required under this section within twenty-four hours after the change is effective. SECTION 42. 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 6th day of August 1984 . "11 -Li/ AYOR 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. 2233 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of July , 1984 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6th day of August , 1984, by the following vote to wit: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE All.LPH - O 'IS, CITY CLARK -18-