California City City Council
May 28, 2024

(t) "Medicinal Cannabis Delivery-Only Retailer" means a retailer of medicinal cannabis by delivery only to a qualified patient for his or her personal medical use or their primary caregiver in full compliance with California Health and Safety Code section 11362. 765 with a Type 9 - M license from the California Department of Cannabis Control.
ftil!) "Nursery" means a facility or part of a facility that is used only for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(~y) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.
(w) "Primary Caregiver" has the same meaning set forth in Cal. Health & Safety Code§§ 11362.S(e) and 11362.7(d).
(x) "Qualified Patient" has the same meaning set forth in Cal. Health & Safety Code§ 11362.7(f). f-y.{_y) "Sale" means and includes any sale, exchange, or barter. (w,?;) "State" means the State of California.
(*Ml "State license," "license," or "registration" means a state license issued pursuant to California Business & Professions Code Sections 19300, et seq. or other applicable state law. 'f0 "Tax Administrator" means the Finance Director City Manager of the City of California City or his or her designee.
(~bb) "Testing Laboratory" means a cannabis business that (i) offers or performs tests of medical cannabis or medical cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state and (v) is registered with the State Department of Public Health.
(Ord.No. 17-748, § 1, 6-6-2017; Ord. No. 21-786, § 2, 4-27-2021) Sec. 3-2.8.050. Tax Imposed.
(a) Beginning July 1, 2018, there is imposed upon each person who is engaged in business as a cannabis business a cannabis business tax.
(b) The initial rate of the cannabis business tax shall be as follows:

1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Seven dollars ($7.00) annually per square foot of canopy space in facility that uses exclusively artificial lighting.
b. Five dollars ($5.00) annually per square foot of canopy space in a faci lity that uses a combination of natural and supplemental artificial lighting.
c. One dollar ($1.00) annually per square foot of canopy space in a facility that uses no artificial lighting.
d. Fifty cents ($0.50) annually per square foot of canopy space for any nursery.

2. For every person who engages in the operation of a testing laboratory: 2% of gross receipts.

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3. For every person who engages in manufacturing: .f±% of gross receipts.

4. For every person who engages in distribution: ~1% of gross receipts.

5. For every person who engages in a cannabis business not identified in Subsection 1. through 4.: 6% of gross receipts.
(c) The City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax. However, in no event may the City Council set any adjusted rate that exceeds the maximum rate calculated pursuant to subdivision (d) of this section for the date on which the adjusted rate will commence. {d) The maximum rate shall be calculated as follows:

1. For every person who is engaged in commercial cannabis cultivation in the City:
a. Through June 30, 2021, the maximum rate shall be:
i. Seven dollars ($7.00) annually per square foot of canopy space in a facility that uses exclusively artificial lighting.
ii. Five dollars ($5.00) annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting. iii. One dollar ($1.00) annually per square foot of canopy space in a facility that uses no artificial lighting.
iv. Fifty cents ($.SO) annually per square foot of canopy space for any nursery. b. On July 1, 2021 and on each July 1 thereafter, the maximum annual tax rate per square foot of each type of canopy space shall increase by the percentage change between January of the calendar year prior to such increase and January of the calendar year of the increase in the Consumer Price Index ("CPI") for all urban consumers in the Los-Angeles-Riverside-Orange County areas as published by the United States Government Bureau of Labor Statistics. However, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.

2. For every person who engages in a cannabis business in the City other than commercial cannabis cultivation the maximum rate shall be the rate set forth in subdivision (b) of this section. (Ord.No. 17-748, § 1, 6-6-2017; Ord. No. 21-786, § 3, 4-27-2021) Sec. 3-2.8.060. Reporting and Remittance of Tax.
(a) The cannabis business tax imposed by this article shall be paid, in arrears, on a quarterly basis. For commercial cannabis cultivation, the tax due for each calendar quarter shall be based on the square footage of the business's canopy space during the quarter and the rate shall be 25% of the applicable annual rate. For all other cannabis businesses activities, the tax due for each calendar quarter shall be based on the gross receipts for the quarter.
(b) Each person owing cannabis business tax for a calendar quarter shall, no later than the last day of the month following the close of the calendar quarter, file with the Tax Administrator a statement of the tax owed for that calendar quarter and the basis for calculating that t ax. The Tax Administrator may require that the statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar quarter shall be due and payable on that same date as the statement for the calendar quarter is due. (c) Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar quarters up to the calendar quarter during which cessation occurred.

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(d) The Tax Administrator may, at his or her discretion, establish shorter report and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure collection of the tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar quarter, be made by a taxpayer at the beginning that calendar quarter. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar quarter. The Tax Administrator may require that a taxpayer make payments via a cashier's check, money order, wire transfer, or similar instrument.
(e) For purposes of this section, the square feet of canopy space for a business shall be rebuttably presumed to be no less than the maximum square footage of canopy allowed by the business's City permit for commercial cannabis cultivation, or, in the absence of a City permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. In no case shall canopy square footage which is authorized by the permit or license but not utilized for cultivation be excluded from taxation unless the Tax Administrator is informed in writing, prior to the period for which the space will not be used, that such space will not be used. (Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.070. Payments and Communications-Timely Remittance.

Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday, the due date shall be the next regular business day on which the City is open to the public.
(Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.080. Payment-When Taxes Deemed Delinquent.

Unless otherwise specifically provided under other provisions of this article, the taxes required to be paid pursuant to this article shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 3-2.8.060 and 3-2.8.070.
(Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.090. Notice not Required by the City.

The City may as a courtesy send a tax notice to the business. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this article. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this article. ( Ord. No. 17-7 48, § 1, 6-6-2017)
Sec. 3-2.8.100. Penalties and Interest.
(a) Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this article on or before the due date shall pay penalties and interest as follows:

1. A penalty equal to 10% of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of 1.0% per month.

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2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to 25% of the amount of the tax, plus interest at the rate of 1.0% per month on the unpaid tax and on the unpaid penalties.

3. Interest shall be applied at the rate of 1.0% per month on the first day of the month for the full month, and will continue to accrue monthly on the tax and penalty until the balance is paid in full. (b) Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this section, and any other amount allowed under state law.
(Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.110. Refunds and Credits.
(a) No refund shall be made of any tax collected pursuant to this article, except as provided in Section 3-2.8.120. (b) No refund of any tax collected pursuant to this article shall be made because of the discontinuation, dissolution, or other termination of a business.
(Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.120. Refunds and Procedures.
(a) Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this article, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Tax Administrator within one year of the date the tax was originally due and payable. (b) The Tax Administrator, his or her designee or any other City officer charged with the administration of this article shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Tax Administrator to do so.
(c) In the event that the cannabis business tax was erroneously paid and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one year from when the error was identified. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.130. Personal Cultivation not Taxed.

The provisions of this article shall not apply to personal cannabis cultivation as defined in the "California Control, Regulate and Tax Adult Use of Marijuana Initiative". This article shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and for which the individual receives no compensation whatsoever related to that personal use.
(Ord.No. 17-748, § 1, 6-6-2017)
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Sec. 3-2.8.140. Administration of the Tax.
(a) It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this article.
(bl For purposes of administration and enforcement of this article generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this article as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
(c) The Tax Administrator may take such administrative actions as needed to administer the tax, including but not limited to:

1. Provide to all cannabis business taxpayers forms for the reporting of the tax;

2. Provide information to any taxpayer concerning the provisions of this article;

3. Receive and record all taxes remitted to the City as provided in this article;

4. Maintain records of taxpayer reports and taxes collected pursuant to this article;

5. Assess penalties and interest to taxpayers pursuant to this article;

6. Determine amounts owed and enforce collection pursuant to this article. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.150. Appeal Procedure.

Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this article may appeal to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days of the serving or mailing of the determination of tax due. The City Clerk shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at the last known place of address. The finding of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this article for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.160. Enforcement-Action to Collect.

Any taxes, penalties and/or fees required to be paid under the provisions of this article shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this article shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this article or the failure to comply with any of the provisions of this article.
(Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.170. Apportionment.

If a business subject to the tax is operating both within and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity Created: 2022-05-13 14: 23 :07 [EST)
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actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary. ( Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.180. Constitutionality and Legality.

This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this article shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax.
(Ord.No. 17-748, § 1, 6-6~2017)
Sec. 3-2.8.190. Audit and Examination of Premises and Records. (a) For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis cultivation occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, state and federal income tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses.

In conducting such investigation, the Tax Administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records. (b) It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this article to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee shall have the right to inspect at all reasonable times.
(Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.200. Other Licenses, Permits, Taxes, Fees or Charges. (a) Nothing contained in this article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other article of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other article of this Code or any other ordinance or resolution of the City. Any references made or contained in any other article of this Code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, sl=tall ae ~deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other article of this Code. (b) Notwithstanding subdivision (a) of t his section a cannabis business shaU-must not be required to pay the license fee required by Division 2 of Article 3 of Chapter 2 of Title 3 of this Code so long as all of business's activities within the City that would require payment of a license fee are activities subject to the cannabis business tax. excluding fees for name badges for employees.

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(c) The Tax Administrator may revoke or refuse to renew the license required by Section 3-3.2.201 of this Code for any business that is delinquent in the payment of any tax due pursuant to this article or that fails to make a deposit required by the Tax Administrator pursuant to Section 3-2.8.060. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.210. Payment of Tax does not Authorize Unlawful Business. (a) The payment of a cannabis business tax required by this article, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this Code and all other applicable state laws. (b) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.220. Deficiency Determinations.

If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this article is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Section 3-2.8.240. (Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.230. Failure to Report-Nonpayment, Fraud.
(a) Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this article at any time:

1. If the person has not filed a complete statement required under the provisions of this article;

2. If the person has not paid the tax due under the provisions of this article;

3. If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this article; or

4. If the Tax Administrator determines that the nonpayment of any business tax due under this article is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to penalties and interest otherwise stated in this article and any other penalties allowed by law. (b) The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under Creat ed: 2022-05-13 14 :23:07 [ EST]
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each applicable section of this article, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.
(Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.240. Tax Assessment-Notice Requirements.

The notice of assessment shall be served upon the person either by personal delivery, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this article; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address. For the purposes of this section, a service by mail is complete at the time of deposit in the United States mail. (Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.250. Tax Assessment-Hearing, Application and Determination.

Within thirty (30) days after the date of service the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than thirty (30) days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the person requesting such hearing not later than five (5) days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess the proper tax to be charged and shall give written notice to the person in the manner prescribed in Section 3-2.8.240 for giving notice of assessment.
(Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.260. Conviction for Violation-Taxes not Waived.

The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this article or of any state law requiring the payment of all taxes.
(Ord. No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.270. Violation Deemed Misdemeanor.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. (Ord.No. 17-748, § 1, 6-6-2017)
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Sec. 3-2.8.280. Severability.

If any provision of this article, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or the application of this article to any other person or circumstance and, to that end, the provisions hereof are severable.
(Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.290. Remedies Cumulative.

All remedies and penalties prescribed by this article or which are available under Title 1 of the City Code and any other provision of law or equity are cumulative. 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 of this article. (Ord.No. 17-748, § 1, 6-6-2017)
Sec. 3-2.8.300. Amendment or Repeal.

This article may be repealed or amended by the City Council without a vote of the people to the extent allowed by law. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this article. The people of the City of California City affirm that the following actions shall not constitute an increase of the rate of a tax:
(a) The restoration of the rate of the tax to a rate that is no higher than that set by this article, if the City Council has acted to reduce the rate of the tax;
(b) An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article; or
(c) The collection of the tax imposed by this article, even ifthe City had, for some period of time, failed to collect the tax.
( Ord. No.17-748, § 1, 6-6-2017)
CHAPTER 3. EXPENDITURES
ARTICLE 1. BUDGETED EXPENDITURES1
Sec. 3-3.101. Definitions.

For the purposes of this Article, the following definitions apply:
1Editor's note(s)-Ord. No. 13-717, § 2, adopted April 16, 2013 , repealed former Art. 1, Divs. 1-5, in its entirety and enacted new provisions as herein set out. Former Art. 1 derived from the 1998 printing of this Code and Ord. No. 07-650, 7-7-2007; 09-681, 10-6-2009.

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(a) "UPCCAA" shall mean the Uniform Public Construction Cost Accounting Act, Public Contract Code 22000 et seq.
(b) "Commission" shall mean the Uniform Construction Cost Accounting Commission, created pursuant to Public Contract Code Section 22010.
{c) "Maintenance work" is defined in Public Contract Code Section 22002. (d) "Public project" is defined in Public Contract Code Section 22002. (Ord.No. 13-717, § 2, 4-16-2013)
Sec. 3-3.102. Adoption of Purchasing System.
(a) A purchasing system is adopted, pursuant to the requirements of the UPCCAA and Government Code Section 54202, in order to establish efficient procedures for the purchase of supplies, services, and equipment, to secure for the city supplies, services, and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases.
(b) The requirements of the UPCCAA shall be applicable to all contracts and purchases on public projects. (c) The requirements of the UPCCAA shall also be applicable to the City's purchase of all goods, equipment or services and contracts for "maintenance work," except as may be specifically provided under state or local law to the contrary.
(Ord. No. 13-717, § 2, 4-16-2013)
Sec. 3-3.103. Centralized Purchasing System.

The purchasing system is intended to be centralized within the administrative services function of the City.

The City Manager may authorize, in writing, any department to purchase specified supplies and equipment independent of the Purchasing Agent, however such purchases shall be made in conformity with the established procedures.
(Ord. No. 13-717, § 2, 4-16-2013)
Sec. 3-3.104. Purchasing Agent.
(a) The City Manager is the Purchasing Agent and may appoint a designee to administer the purchasing system.

The designated purchasing agent's authority and responsibilities shall be in accordance with all applicable resolutions and administrative regulations established by the City. (b) The Purchasing Agent shall:
(1) Purchase or contract for the supplies, services and equipment required by any city department in accordance with the purchasing procedures and such other rules and regulations as may be prescribed by the City Council;
(2) Negotiate and recommend the execution of contracts for the purchase of supplies, services and equipment;
(3) Recommend to the City Council, rules governing the purchase of supplies, services and equipment. created : 2022-05- 13 14: 23:07 [EST]
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(4) Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications;
(5) Supervise the sale of surplus or unused supplies and equipment or transfer between departments as needed;
(6) Recommend the sale of surplus real property; and
(7) Maintain a bidder's list of vendors, catalog file and such other records needed for the efficient operation of the purchasing department.
(c} In connection with these activities, the purchasing agent shall endeavor to obtain as full and open competition as possible on all purchases, and shall keep informed of current developments in the field of purchasing, prices, market conditions and products.
(Ord. No. 13-717, § 2, 4-16-2013)
Sec. 3-3.105. Requisitions.

Rules governing the purchasing system, either by resolution or administrative regulation, shall provide procedures that require every department to submit requests and estimates for supplies, equipment and services to the designated Purchasing Agent in a prescribed requisition process at least annually. (Ord.No. 13-717, § 2, 4-16-2013)
Sec. 3-3.106. Encumbrance of Funds.

Except in cases of emergency, the Purchasing Agent shall not issue any purchase order or approve any written agreement, unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.
(Ord.No. 13-717, § 2, 4-16-2013)
Sec. 3-3.107. Inspection and testing.

The Purchasing Agent, in his or her discretion, shall have the authority to inspect supplies and equipment delivered, or services rendered, to determine their conformance with the specifications set forth in the original contract or order.
(Ord.No. 13-717, § 2, 4-16-2013}
Sec. 3-3.108. Uniform Public Construction Cost Accounting Act Adopted. (a) The City Council of the City of California City hereby adopts the UPCCAA for the purpose of prescribing regulations governing all purchases and contracts awarded by the City. In accordance with the terms of the Act, the City may utilize the Act's procedures when contracting for "public projects" as defined in Public Contract Code Section 22002. Pursuant to Public Contract Code Section 22003, the City may also use the Act's procedures for any other work which does not fall within the definition of a "public project." (b} Nothing shall preclude the City from utilizing more restrictive procedures. ( Ord. No. 13-717, § 2, 4-16-2013)
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Sec. 3-3.109. Bidding, Contracting and Purchasing Procedures. (a) Small Purchase Procedures. Public projects, maintenance work, and the purchase of any supplies, equipment and services, which are in accordance with the limits established in Public Contract Code Section 22032(a), may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.
(b) Informal Procedures. Public projects, maintenance work, and any purchase of supplies, equipment and services which are in accordance with the limits established in Public Contract Code Section 22032(b), may be let to contract by following the Act's informal procedures. The informal procedures include the following:
(1) Contractors List. A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the requirements of Public Contract Code Section 22034, together with any criteria promulgated by the Commission from time to time. (2) Notice Inviting Bids. At least ten (10) calendar days before bids are due, a notice inviting informal bids shall be mailed to all contractors on the list for the category of work being bid, and to all construction trade journals specified pursuant to the requirements of Public Contract Code Section 22036; provided however:
(i} Additional contractors and trade journals may be notified at the discretion of the Purchasing Agent.
(ii) For public projects, if there is no list of qualified contractors maintained by the CITY for the particular category of work to be performed, the notice inviting bids shall be sent to the construction trade journals specified by the Commission. (iii} For circumstances not involving public projects, where there is no list of qualified contractors maintained by the City for the supplies, equipment, services or maintenance work to be procured, the notice inviting bids shall be made in conformity with procedures established by the Purchasing Agent from time to time. Whenever possible, bids should be solicited from at least three (3) qualified bidders.
(iv) If the product or service is proprietary in nature, such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to those contractor(s}.
(3) In situations where a contract was originally presumed to fall within the informal bid limits in Public Contract Code Section 22032(b), but where all bids received are in excess of those limits, the city council may still award the contract if the requirements of Public Contract Code Section 22034(f} have been met.
(c) Formal Procedures. Public projects which are in accordance with the limits established in Public Contract Code Section 22032(c), shall be let to contract pursuant to the formal procedures set forth in the UPCCAA and as described in this Article. Except as provided in this code or under law to the contrary, contracts for maintenance work, and any purchase of supplies, equipment and services in accordance with the limits established in Public Contract Code Section 22032(c) may also be let to contract pursuant to the formal procedures in this section.
(1) Notice Inviting Bids.
(i) Formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen {14) calendar days before the date of opening the bids in a newspaper of general circulation pursuant to the requirements of Public Contract Code Section 22037.

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(Supp. No. 10)

(ii) The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail, and mailed to all construction trade journals specified in Public Contract Code Section 22036. For circumstances not involving a public project, where there is no construction trade journal for the supplies, equipment, services or maintenance work to be procured, the notice inviting bids shall instead be made in conformity with established procedures. All notices under this paragraph shall be sent at least fifteen calendar days before the date of opening the bids.
(iii) In addition to notice required by this Article, the city may give such other notice as it deems proper.
(2) The city council shall adopt plans, specifications and working details for all public projects requiring the formal bid procedure, pursuant to Public Contract Code Section 22039. (3) All public projects shall be awarded as provided in the UPCCAA. (d) Contract Approval.
(1) The city's purchasing agent has authority to execute all contracts or purchase orders valued at $1,000.00 or less.
(2) All contracts or purchase orders over $1,000.00 shall be approved by the city council. (Ord.No. 13-717, § 2, 4-16-2013)
Sec. 3-3.110. Bid Acceptance or Rejection.
(a) Processing Bids. Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. It is the responsibility of the bidder to ensure receipt of the bid document by the City Clerk by the designated hour. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
(b) Bid Acceptance or Rejection.
(1) Rejection of All Bids. In its discretion the City Council may reject all bids presented, if City, prior to rejecting all bids and declaring that the project can be more economically performed by City employees, furnishes a written notice to the apparent low bidder. The notice shall inform the bidder of The city's intention to reject the bid, and shall be mailed at least two (2) business days prior to the hearing where the bid will be rejected. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city may:
(i) Abandon the project or readvertise for bids; or
(ii) Following passage of a resolution of the City Council by a four-fifths (3/s) vote stating the project can be performed more economically by the employees of the City, the City may have the project done by force account without further complying with the requirements of the Act. (2) All contracts for public projects shall be awarded to the lowest responsible bidder as provided in the UPCCAA. All other informally or formally bid contracts shall be awarded to the lowest responsible bidder, unless otherwise provided in this code. If two (2) or more bids are the same and the lowest, the City may accept the one it chooses.
(3) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the City by force account or negotiated contract without further complying with this article.

Created : 2022-05-13 14:23:07 [ EST)
(Supp. No. 10)

(Ord. No. 13-717, § 2, 4-16-2013)
Sec. 3-3.111. Exceptions to Bidding Requirements.
(a) Except as otherwise provided by law, the following purchases of services, supplies and equipment shall be by negotiated contract without requiring a bidding process:
(1) Contracts for professional services, including but not necessarily limited to contracts with accountants, auditors, attorneys, plan checkers, inspectors, surveyors, architects, engineers, CEQA consultants, information systems consultants, financial consultants, election services consultants, public relations consultants and related activities, negotiation for or acquisition of land, insurance, bonds, and other similar contracts, subject to the requirements in Sections 4526 through 4529.5 and Section 37103 of the Government Code.
(2) Contracts where a commodity or service is offered by only one (1) vendor, or when only one (1) vendor is able to supply a commodity within the time frame or under terms and conditions which reasonably meet the needs of the city (sole source).
(3) Contracts where the purchase is procured pursuant to a competitively bid contract awarded by another public entity.
(4) Where the services, supplies and equipment are procured under a contract set forth on the California multiple award schedule (CMAS). Contracts under this exception must be approved by the City Council upon a finding that the proposed contract offers the best pricing. Whenever possible, the proposed contract should be based on at least three bids. City's agents shall attempt to negotiate a lower price from the CMAS contractor(s) whenever possible.
(5) The day-to-day operation of the city's self-insurance, or insurance retention, programs are exempt from these requirements, when performed in cooperation with the City's risk manager. (6) Other exceptions authorized by law.
( Ord. No. 13-717, § 2, 4-16-2013)
Sec. 3-3.112. Emergency Contracting and Purchases.
(a) In cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of the two. (b) In case of emergency, if notice for bids to let contracts will not be given, the City shall comply with Chapter

2.5 of the Public Contract Code, commencing with Section 22050. (Ord.No. 13-717, § 2, 4-16-2013)
Sec. 3-3.113. Professional services.

All persons or entities rendering professional services to the City shall render such services pursuant to a professional services agreement, in a form approved by the City Attorney. All persons rendering professional services pursuant to a professional services agreement shall not be subject to the City's Municipal Code as it relates to employees of the City. Such persons shall be considered independent contractors and not employees of the City.

Created: 2022-05-13 14: 23:07 [EST]
(Supp. No. 10)

( Ord. No. 13-717, § 2, 4-16-2013)
Sec. 3-3.114. Disposition of surplus supplies and equipment.

All City departments shall submit to the designated purchasing agent reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out. The Purchasing Agent shall have authority to dispose of such supplies and equipment in a manner which bests suits the City's needs, as prescribed by resolution or administrative regulation.
(a) The amounts received for any property sold pursuant to this Article shall be deposited in the general fund, unless otherwise directed by the City Manager.
(b) Except as provided by state law, the Purchasing Agent may be requested to assist when disposing of unclaimed or abandoned property in the possession of the Police Department. ( Ord. No. 13-717, § 2, 4-16-2013 )
Sec. 3-3.115. Services Performed by City Employees.

Nothing in this Article shall preclude employees of the City from performing work or services allowed by federal, state and local laws.
(Ord.No. 13-717, § 2, 4-16-2013)
Sec. 3-3.116. Deferred Improvements.
(a) The City shall spend the money in the SDI Fund:
(1) To promptly construct any SDI Improvements remaining for tract numbers 3281, 3282, and 3288. (2) To construct SDI Improvements for SDI Tracts not identified in (a) as the need arises. As used herein, "construction" means the actual costs related to and necessary to construct and put improvements in place for their intended use, including but not limited to the design, solicitation, evaluation, award of construction contracts, and administration of construction contracts. (3) To pay the costs of maintenance of SDI Improvements. As used herein, "maintenance" means the actual cost of operating and maintaining SDI Improvements, but does not include the cost of administering operation and maintenance programs.
(b) The City's policy on expenditures of monies in the SDI Fund for the construction of SDI Improvements is to encourage the development of new home construction consistent with prudent municipal development and expending as much of the accumulated money as necessary to provide for and stimulate the development of SDI Tracts. The City's goal is to develop sufficient interest to require the annual expenditure of 5% to 10% or more or less of the accumulated SDI Fund.
(c) On or before May 1st of each year, the City Engineer shall submit a list of proposed SDI Improvements to the SDI Advisory Committee and City Manager. A SDI Lot Owner may also propose an SDI Improvement by submitting a description of the project. Except when an urgency exists, e.g., a home under construction, proposals by SDI Lot Owners shall be reviewed by the City Engineer as described in the annual report. SDI Lot Owners proposing SDI Improvements are encouraged to submit evidence showing how the proposal will benefit SDI Lots and how the proposed improvements will be used at an early date. Proof of impending construction such as working drawings, approved construction loan, monies in escrow, building plans and water meter application must be shown to ensure the SDI Lot Owner is committed to improving the lot.

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(Supp. No. 10)

(d) The SDI Advisory Committee and the City Manager shall evaluate the report of the City Engineer and make recommendations to the City Council concerning the construction of the SDI Improvements as part of the annual budget process. The City Engineer shall prepare plans and specifications for each SDI Improvement project identified in the approved budget and shall submit such plans and specifications to the Council for action during the first quarter of each fiscal year. SDI Improvement projects identified in the approved plans and specifications shall be constructed as soon as feasible, taking into consideration variations in staffing, climate, and staging of projects.
(e) The City may expend monies from the SDI Fund to maintain SDI Improvements and pay for administrative expenses as permitted by this Article under the terms and conditions of this Section. (f) Money shall annually be transferred from the SDI Fund to the City's General Fund for such purpose and shall not exceed the lesser of:
(1) $290,000.0 per fiscal year, which total may be an average of such expenditures over a four-year period. (2) The amount of money in the SDI Fund attributable to investment earnings (as opposed to principal). (3) The amount of money in the SDI Fund which the City Engineer and the Finance Director jointly certify to exceed the anticipated cost of constructing outstanding SDI Improvements for SDI Tracts. (4) The cost of maintaining SDI Improvements.
(Ord.No. 13-717, § 2, 4-16-2013)
ARTICLE 2. UNBUDGETED
Sec. 3-3.201. Scope.

Claims for money or damages against the City, its officers or employees, including claims not otherwise governed by the Tort Claims Act, shall be presented as set forth in this article.

Sec. 3-3.202. Time and Manner of Presentations.

Claims shall be filed within the time limits and in the manner prescribed by Chapter 1 of Division 3.6 commencing with Section 900 of the Government Code.

Sec. 3-3.203 Claims.
(a) A claim by a vendor shall be presented by the City Clerk to the department head who authorized the claim for written approval. The claim shall then be presented to the City Clerk for certification as to the accuracy of the claim and the availability of funds for payment. The Council shall audit such claims before authorizing payment.
(b) A claim not filed by a vendor under contract with the City shall be presented by the City Clerk to the City Manager who shall consult with the City Attorney concerning the disposition of the claim. The City Attorney shall prepare a written report on claims for more than $5,000.00. Claims shall be presented to the City Council for action within forty-five (45) days offiling. (c) The City Manager may compromise claims for not more than $5,000.00. The City Manager shall provide the City Council with a quarterly report on compromised claims under this subsection. (Ord. No. 07-650, 7-3-2007)
Created : 2022-05-13 14: 23 :07 ( EST)
(Supp. No. 10)

Sec. 3-3.204. Council Approval.
(a) The Council shall not consider a claim unless the claim is itemized, giving the names, dates, and particular services rendered, the character or the process, the distance traveled, the character of the work done, the number of days engaged, the materials and supplies furnished, when, to whom, and in what quantity furnished, the price therefor, and any other pertinent details, as the case may be. (b) If a claim is determined to be a proper charge against the City, the claim shall be allowed by a resolution or minute order of the Council setting forth as to each claim, the name of the claimant, a brief statement of the claim, and the amount allowed.
(c) If a claim is approved by the Council, the City Clerk shall endorse upon each of the duplicate copies the words "Allowed by the City Council of the City of California City." The resolution or minute order approving the claim, its amount, and the fund it is drawn against shall be attached, and the City Clerk shall attest to the same.
(d) If the Council finds a claim is not a proper charge , the claim shall be rejected by resolution or minute action.

The fact of rejection shall be plainly endorsed upon the claim by the City Clerk.

Sec. 3-3.205. Issuance of Checks.
(a) No checks shall be issued by any officer or employee of the City except in accordance with this Section. (b) The City Treasurer may draw checks for: payroll. utility fees and charges, petty cash replenishment, SDI improvement reconveyance fees, aircraft fuel delivered to the municipal airport on a COD basis, and emergencies (herein collectively "pre-issue authority"), with or without council approval as necessary to pay for such item in a timely manner if the Finance Director has certified the checks are for valid indebtedness and money is available in the City Treasury to pay the amount represented by these checks. The Mayor or other person designated by the council by resolution shall sign checks presented by the Treasurer. (c) The City Treasurer shall draw checks for matters other than those covered by pre-issue authority only after the council has approved the expenditure. The council shall approve such expenditures only if the Finance Director has certified the indebtedness is valid and subsisting, and money is available to pay the amounts represented by the checks. The Mayor or other person designated by the council by resolution shall sign such checks after approval by the council.
( d) The City Treasurer shall disburse properly approved checks to the creditor after approval and signature as set forth in this Section.
(Ord. No. 07-650, 7-3-2007)
ARTICLE 3. LOCAL BUSINESS PREFERENCE PROGRAM
Sec. 3-3.301. Definitions.

For the purposes of this Article, the following definitions apply:
(a) "Awarding Authority" means the City Council or any officer or employee of the City authorized to award or enter into any Contract, as defined in this Article, on behalf of the City. (b) "Bid" means any response to a City solicitation for bids. (c) "City" means California City
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(Supp. No. 10)
Page Slof 55
( d) "Contract," for purposes of this Article only, means a written agreement for the purchase of equipment, goods, supplies or services by or for the benefit of the City, involving consideration up to $1,000,000.00.
(e) "Contractor" means a person, business, or entity submitting a bid, seeking to be awarded a City Contract.
{f) "County" means the County of Kern.
(g) "Local Business" means a business entity that meets all of the criteria established under this Article. (h) "Proposal" means any response to a City solicitation for proposals. (Ord.No. 13-718, § 2, 5-21-2013)
Sec. 3-3.302. Award of Local Business Preference.
(a) In the competitive bidding process Awarding Authorities are authorized to extend a Local Business Preference to Contractors qualifying as a Local Business in accordance with the requirements of this Article. (b) Local Business Preferences shall only be granted on City Contracts involving the procurement of equipment, goods, supplies or services. A Local Business Preference shall not be granted in any situation where it would otherwise be prohibited under state or federal law.
(c) If granted, the Local Business Preference shall be in the form of a 5% price advantage in the evaluation of a Contractor's total Bid price, not to exceed a maximum benefit of $50,000.00. The Local Business Preference shall be used for the sole purpose of determining the lowest bid. (d) Before a Contractor can be considered for Local Business Preference, it must certify in its Bid that it qualifies as a Local Business in accordance with the requirements of this Article. The certification shall be submitted on a form prepared by City for this purpose. The Contractor's certification shall constitute an application to the City, seeking a determination whether the Contractor qualifies as a Local Business for the purpose of the Contract being bid. The certification, and all information submitted in support thereof, shall be submitted by Contractor under penalty of perjury. The City shall not be required to verify the accuracy of the certifications or the supporting information, but it may do so. City shall have sole and absolute discretion to determine if a Contractor qualifies. City retains the right to deny a Local Business Preference in any situation where it would not be in the City's best interest, or where it is unclear whether the requirements of this Article have been met. The city manager shall be responsible for making all determinations under this Article, and the city manager's decision shall be final. Decisions of the city manager may be called up for review by the city council, in its discretion. Contractors shall have no recourse against City related to the denial of any application for certification.
(e) Qualification as a Local Business on one Contract shall not automatically qualify a Contractor for future Contracts, but prior qualification is a factor which may be considered. If a Contractor affirms under penalty of perjury that no information has changed since its last certification, information previously submitted may be considered for purposes of qualification under a new Contract. (Ord. No. 13-718, § 2, 5-21-2013)
Sec. 3-3.303. Qualified Local Business.

To qualify as a Local Business, a Contractor must satisfy all of the following criteria:
(a) The Contractor must have a valid California City business license.

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(Supp. No. 10)

(b) The Contractor's must have a physical business address located within the City limits, and the Contractor must have been lawfully conducting its business primarily from that location for at least three (3) months prior to the initial solicitation of Bids or Proposals for the Contract at issue. The Contractor must submit proof of local occupancy by supplying evidence of a lease, deed or other documentation satisfactory to the City. A post office box shall not be used or considered for purposes of qualifying as a Local Business.
(c) If the Contract will involve the payment of any sales taxes, no Local Business Preference will be granted unless the primary point of sale for the Contract is located within the California City limits. (d) The Contractor must submit evidence that its business is in full compliance with all local laws, is current on all applicable licensing requirements, and is not otherwise delinquent on the payment of any fees, taxes or other amounts owed to the City.
(e) Status as a Local Business must be reestablished for each new Contract. (Ord. No. 13-718, § 2, 5-21-2013)
Sec. 3-3.304. Application of the Preference to Bids.

The Local Business Preference shall be applied to Bids and Proposals in the following manner:
(a) The City is authorized to give a Local Business Preference to a responsive, responsible Local Business, when awarding a Contract for the purchase of equipment, goods, supplies or services. The Local Business must be able to provide the equipment, goods, supplies or services in a manner and quality which meets the City's Bid specifications.
(b) When applying the Local Business Preference to a Bid or Proposal, the Awarding Authority shall reduce the total price Bid by the qualifying Contractor by 5%, with a maximum reduction of $50,000.0. The resulting amount shall be deemed the amount Bid by that Contractor for the sole purpose of evaluating the lowest bidder. If the Contactor is ultimately awarded the Contract, the Contract price shall in all events be the original amount Bid by that Contractor, not taking into account any Local Business Preference granted.
(c) If after allowing a Local Business Preference two or more bids are determined to be substantially equal, the Awarding Authority, in its discretion, may award the Contract to either party. (Ord. No. 13-718, § 2, 5-21-2013)
Sec. 3-3.305. Additional Requirements.

The preferences authorized under this Article shall be subject to the following additional requirements:
(a) This Article neither creates a right to receive a Bid preference, nor the duty to grant a Bid preference; and
(bl This Article only applies to Contracts involving the expenditure of funds entirely within the City's control. This Article shall not apply to Contracts involving state or federal grant funds, where the granting of preferences is prohibited.
(c) This Article shall not apply to Contracts which are required under state or federal law to be granted to the lowest responsible bidder, or in any situation where the granting of a Local Business Preference would otherwise be prohibited by law.
(d) Local Business Preferences shall not be granted on a sole source contract.

Created : 2022-05-13 14:23:08 [ EST]
(Supp. No. 10)

(Ord. No. 13-718, § 2, 5-21-2013)
Sec. 3-3.306. Effect of Failure to Maintain Status as Local Business. (a) Any Contractor granted a Local Business Preference must continue to maintain its qualifications as a Local Business for the duration of the Contract for which the preference was granted. Contractors shall have an affirmative duty to notify City if facts change, such that the Contractor no longer qualifies as a Local Business. (b) If a Contractor fails to maintain its qualifications under this Article, the Awarding Authority shall be entitled to withhold or recover from the Local Business an amount equal to the value of the Local Business Preference granted. The Awarding Authority may also withhold or recover any other costs reasonably incurred by the City as a result of the Contractor's failure to maintain its qualifications under this Article.

Prior to seeking to withhold or recover funds, City must provide 15 days prior written notice and opportunity to cure the violation to the Contractor.
(c) The remedies available to the City under this Section are cumulative to all other rights and remedies available to the City under law.
(Ord.No. 13-718, § 2, 5-21-2013)
Sec. 3-3.307. Enforcement.
(a) No person or Contractor shall knowingly, and with an intent to defraud, obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining, retaining, or attempting to obtain or retain, certification as a Local Business for the purpose of this Article.
(b) No person or Contractor shall willfully and knowingly make a false statement, with the intent to defraud, whether by certification, affidavit, report or other representation, to a City official or employee for the purpose of influencing a City decision to grant or deny certification as a Local Business. ( c) Any Contractor that has obtained City certification as a Local Business by reason of having furnished false or misleading information, or by reason of having withheld information where the Contractor knew or should have known the information was false or misleading or that the information withheld was relevant to the City's determination, and as a result Contractor has been awarded a City Contract to which it would not otherwise have been entitled, shall:
(i) Immediately pay the City the difference between the full value of the Contract awarded to the Contractor, and the amount that would have been incurred by City if the Contract had been awarded to the next qualified bidder without taking the Contractor's Bid into account; (ii) In addition, Contractor shall pay the City an amount equal 5% of the amount of Contractor's bid; and (iii) Be subject to debarment from future award of Contracts from the City. (d) The requirements of this section shall be clearly explained in Contractor's application seeking certification as a Local Business, and shall be signed by Contractor.
(Ord.No. 13-718, § 2, 5-21-2013)
Sec. 3-3.308. Quality and Fitness.

Nothing in this Article shall be construed to limit or restrict the City's right and obligation to compare the quality and fitness of all supplies, materials, equipment and services proposed to be purchased by City, or the duty to review and compare the character, responsibility, fitness and qualifications of all Contractors submitting Bids or Created: 2022-05-13 14: 23:08 [ EST)
(Supp. No. 10)

Proposals to the City. Furthermore, the preferences authorized in this Article shall not be construed to limit the City's ability to grant any other preferences authorized by law. (Ord.No. 13-718, § 2, 5-21-2013)
Sec. 3-3.309 Application.

This Article shall only apply to Contracts first solicited on or after June 30, 2013. (Ord. No. 13-718, § 2, 5-21-2013)
(Supp. No. 10)

Created : 2022- 05- 13 14: 23:08 [EST]
Sec. 5-1.101. Purpose.
- Code of Ordinances
TITLE 5 PUBLIC WELFARE
TITLE 5 PUBLIC WELFARE
CHAPTER 1. PUBLIC NUISANCE
ARTICLE 1. PROPERTY MAINTENANCE
This Article shall be known as the "Public Nuisance Abatement Regulations of the City." This Article is enacted in accordance with Chapter 13 (commencing with section 39501) of Division 3, Title 4, of the Government Code.

Sec. 5-1.102. Definitions.

The following words are defined for the purposes of this Article. (a) "Public Nuisance" means anything injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property. "Public Nuisance" includes, but is not limited to:
(1) Any building or structure which has been partially destroyed for at least six months to the extent of more than twenty-five percent of the value of the building as it appears on the current tax assessor's roll or left in an unreasonable state of partial construction for a period of one (1) year or more without completion;
(2) Broken, defective, damaged, dilapidated, or missing windows or doors in a building or structure; (3) Broken window, door or other opening constituting a hazardous condition and facilitating trespass or malicious mischief, or constituting a shelter for vagrants or criminals, or enabling a person to resort thereto for the purpose of committing unlawful acts; (4) Any building exterior, wall, fence, driveway, sidewalk or walkway on property which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the immediate neighborhood; (5) Inadequate weather protection to structure so as to cause, or tend to cause or promote the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco, or other exterior covering;
(6) Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit; and
(7) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, likely to harbor mosquitoes or other annoying insects. (b) "Refuse" means combustible rubbish, garbage, food plant waste, market waste, or non-combustible rubbish.
(c) "Rubbish" means paper, pasteboard, carpet, rags, clothing, books, boots, shoes, straw, combustible packing, barrels, boxes, furniture, and similar Articles.

California City, California, Code of Ordinances
(Supp. No. 10)

Created: 2022-05-13 14:23:15 [ EST]
(d} "Nuisance Activity" means any disturbance of peace in violation of California Penal Code Section 415. (Ord. No. 11-702, 5-17-2011)
Sec. 5-1.103. General.

The owner and occupier of property within the City shall maintain the property in such a way as to avoid creating a public nuisance. Code Enforcement Officer shall inspect property to determine the presence of nuisances. The Code Enforcement Officer shall issue notices and citations to abate such nuisances with the policies and procedures manual from time to time adopted by the department which employs the Code Enforcement Officer.
(Ord. No. 05-632, 8-16-2005)
Sec. 5-1.104. Notices.
(a) The Code Enforcement Officer shall provide the owner of the property on which the nuisance is maintained with a Notice to Abate in substantially as follows:
"Notice is given the Code Enforcement Officer of the City of California City has found and declared the following condition on your property located at [property location] constitutes a public nuisance: [describe condition]
The Code Enforcement Officer also found this condition must be abated by removal or, the nuisance will be removed and abated by the City and the cost of removal assessed against your land. Such costs shall include reasonable attorney fees. Such costs will constitute a lien on such land until paid. In the alternative, the amount may be placed on the tax rolls for collection.

If you object to the proposed removal or abatement of the above described nuisance may file a written appeal with the City Manager at the above-address within 10 days from the date of receipt of this Notice.

Dated:

Code Enforcement Officer
City of California City"
(b) The Notice shall be served on the record owner of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The Notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after diligent search, the Notice may be served by posting a copy in a conspicuous place on the property for ten days and publication in a newspaper of general circulation published in Kern County. ( c) The Code Enforcement Officer shall abate the nuisance without further notice to the record owner if the record owner does not appeal the decision of the Code Enforcement Officer within ten days of receipt. If the record owner appeals the decision, the Code Enforcement Officer shall not abate the nuisance until the appeal process has been completed.
(Ord. No. 05-626, 5-17-05}
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(Supp. No. 10)

Sec. 5-1.105. Review of Code Enforcement Officer Decision. (a) The record owner of property described in the Notice to Abate may appeal the determination of the Code Enforcement Officer by filing a written Notice of Appeal with the City Clerk within ten (10) days of receipt of the Notice to Abate. The Notice of Appeal shall include reference to the Notice to Abate, identify property on which the alleged nuisance is located, and state why the record owner believes the condition should not be abated. The Notice of Appeal shall also state whether the record owner requests a public hearing or will allow a decision to be made on written materials.
(b) When a public hearing is requested, the City Clerk shall set the public hearing before the City Manager and, if possible, within ten (10) days. The City Clerk shall provide written Notice of Hearing to the record owner and City Manager.
(c) The City Manager shall consider the appeal of the record owner at the time and place stated in the notice of hearing. The hearing may be continued from time-to-time. The City Manager shall affirm, overrule or modify the decision of the Code Enforcement Officer at the conclusion of the hearing. The City Manager's written decision shall be final when served upon the record owner.

Sec. 5-1.106. Cost Recovery.
(a) When nuisance abatement costs are incurred by the City and not paid by the record owner within thirty (30) days of presentation of a bill, a nuisance abatement lien shall be recorded in the Kern County Recorder's Office, and from the date of recording shall have the force and effect and priority of a judgment lien. The lien shall specify: the amount of the lien, the city's name, the date of the abatement order, street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. If the lien is discharged, released or satisfied, either through payment or foreclosure, Notice of Discharge containing the information specified above shall be recorded.

The lien may be foreclosed by action brought by the City for money judgment. (b) As an alternate to the procedure set forth in the preceding paragraph, the cost of abatement may be collected as a special assessment against the parcel on which the nuisance is located. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
(c) As used herein, costs of abatement shall include attorney fees. (d) Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding the record owner responsible for a condition that may be abated in accordance with this Article, except for conditions abated pursuant to Health and Safety Code §17980, the record owner shall pay treble the cost of abatement. (Ord. No. 05-626, 5-17-2005)
Sec. 5-1.107. Cost Recovery-successive incidents.

When an abatement order has been properly rendered, the owner of the property and tenants shall be jointly and severally responsible for each successive nuisance incident occurring on the property and shall be jointly and severally responsible for payment of costs associated with each successive nuisance within a twelvemonth period. The cost of a response shall include, without limitation, the salaries and benefits paid to the responding employees of the City.
(Ord. No. 11-702, 5-17-2011)
Creat ed: 2022-05-13 14:23:10 [EST]
{Supp. No. 10)

- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 1. - PUBLIC NUISANCE
ARTICLE 1A. ABANDONED, ACCESSIBLE AND DISTRESSED REAL PROPERTY ARTICLE 1A. ABANDONED, ACCESSIBLE AND DISTRESSED REAL PROPERTY1 Sec. 5-1.lA0l. General.

The City Council hereby establishes a mechanism to protect residential neighborhoods from becoming blighted through the lack of maintenance and security of abandoned, accessible or distressed real property, to establish a property registration program, and to set forth guidelines for the maintenance of abandoned, accessible or distressed real property.

Sec. 5-l.1A02. Inspection and Registration of Abandoned, Accessible and Distressed Real Property.
(a) Each beneficiary and trustee, who holds a deed of trust on real property within the City, shall inspect the property to determine if it is abandoned, accessible or distressed, prior to recording a notice of default or similar instrument. As used herein, "abandoned" means a building, structure or real property that is vacant or occupied by a person without a legal right of occupancy, and subject to a current notice of default or notice of trustee's sale, pending tax assessor's lien sale or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, or any real property conveyed via a deed in lieu of foreclosure/sale. As used herein, "accessible" means real property or structures not secured or open in such a way as to allow public or unauthorized access. As used herein, "distressed" means property subject to notice of default or notice of trustee's sale, pending tax assessor's lien sale or real property conveyed through a foreclosure sale to an interested beneficiary of a deed of trust, or real property conveyed through a deed in lieu of foreclosure, regardless of vacancy or occupancy. (b) Within ten (10) days of identification of an abandoned or accessible property, and annually thereafter, the beneficiary and trustee must register the property with the Chief of Police. A person who has registered a property under this Article must make a written report to the Police Department of changes of information contained in the registration within ten days of the change. For convenience, property described in this section shall be called "registered property."
(c) If the property is lawfully occupied but distressed, the trustee and beneficiary shall inspect the property each month until the trust deed default is remedied.

Sec. 5-1.1A03. Maintenance.
(a) It is a public nuisance for a person to cause, permit, or maintain registered property contrary to this Article.

The following maintenance standards apply to registered property. (b) The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, accumulation of newspaper, circular, flyers, notices (except those required by federal, state or local law), discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance the property is abandoned. 1Editor's note(s)- Ord. No. 09-679, adopted on Aug. 4, 2009, added Art. 1A.

California City, California, Code of Ordinances
{Supp. No. 10)

Cre at ed: 2022-05-13 14: 23: 11 [EST]
(c) The property shall be maintained free of graffiti, tagging or similar marking. (d) Visible front and side yards shall be landscaped and maintained to the neighborhood standard. As used herein, "landscaping" includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation.

Landscaping does not include weeds, broken concrete, plastic sheeting, indoor-outdoor carpet, or any similar material. As used herein, "neighborhood standard" means the condition of real property that prevails in and through the neighborhood where an abandoned building, structure or real property is located. When determining the neighborhood standard, no abandoned or distressed building, structure or real property shall be considered.
(e) Pools and spas shall be kept in working order so water remains clear and free of pollutants and debris, or alternatively, shall be drained and kept dry. In either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California. (f) Within the sole and reasonable discretion of a duly authorized enforcement official, this maintenance requirement applies to property subject to the registration requirement under construction or repair, not less than three business days per week, undertaken in compliance with applicable law.

Sec. 5-1.1A04. Security.
(a) Registered properties shall be secured and inaccessible to unauthorized persons. If the property is owned by a person located more than twenty-five (25) road miles from the property, a local property management company shall perform weekly inspections to verify compliance with this Article. (b) Registered property shall be posted with the name and 24-hour contact phone number of the person responsible for property management. The posting shall be no less than eighteen {18) inches by twenty-four (24) inches, shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY __ __," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.

Sec. 5-1.lA0S. Fees.

Fees for implementing this Article shall be established from time-to-time by resolution of the Council.

Sec. 5-1.1A06. Remedies.
(a) Violation of this Article is a strict liability offense. A violation occurs regardless of a violator's intent. (b) A person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages property subject to the registration requirement and causes, permits, or maintains a violation of this Article is guilty of a misdemeanor.
(c) The remedies in this section are cumulative to, and not in place of, other rights and remedies available to the City pursuant to this Code. The City Attorney or designee may pursue other rights or remedies, including, but not limited to, commencement of a civil or administrative action to abate the condition as a public nuisance.

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Page s of 88
( d) If the City takes administrative action to abate the condition of a property subject to the registration requirement and beyond the rights and remedies specified in this Code, the following administrative penalties shall apply.
(1) On the administrative penalty due date, each party subject to an abatement order shall pay an administrative penalty of $1,000.00.
(2) If a violation of this Article addressed by an abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of a duly authorized Enforcement Official by the thirtieth day after the administrative penalty due date, each party subject to said abatement order shall pay a supplemental administrative penalty of $5,000.00.
(3) If a violation of this Article addressed by an abatement order has not been abated, cured, remedied or eliminated to the reasonable satisfaction of a duly authorized enforcement official by the sixtieth day after the administrative penalty due date, each party subject to said abatement order shall pay a second supplemental administrative penalty of $25,000.00. (e) In each instance when a party becomes subject to an administrative penalty specified in this section, an enforcement official shall issue an order providing written notice of that party's obligation to make payment of said administrative penalty. Each such order shall constitute a special assessment against the property in question having the same legal status as an order determining the cost of abatement of a public nuisance. (f) In each instance, when a party becomes subject to an administrative penalty, and the order providing for the administrative penalty issues when that party is seeking to perfect its interest in the subject property subsequent to the recordation of a notice of default, or is the property's owner of record, that party is not relieved of its obligation to pay an administrative penalty based upon the sale of the property in question to another.

ARTICLE 2. GRAFFITI ABATEMENT
Sec. 5-1.201. Graffiti Implements.
(a) Every person who operates or manages a retail commercial business selling graffiti implements shall:
(1) Store or cause graffiti implements to be stored in an area not accessible to the public in the regular course of business without employee assistance.
(2) Place a sign in public view stating substantially the following:
"Placing graffiti is a crime. Possession of graffiti implements is also a crime under certain circumstances. It is a crime to sell or convey aerosol spray paint or broad tip markers to a minor." (b) The following terms are defined for this Article:
(1) "Graffiti" are crude drawings, inscriptions or defacement applied to property without the consent of the owner or person in possession.
(2) "Graffiti implements" are aerosol spray paints, paints, dyes, polish, broad tip markers containing anything other than a water soluble solution.
(3) "Broad tip markers" are marker pens with a tip broader than 3/8" in width.

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(Supp. No. 10)

Sec. 5-1.202. Graffiti Removal.
(a) The Code Enforcement Officer shall issue notices and citations to remove graffiti. The Notice shall be directed to the owner of record of the parcel of land on which the graffiti exists with a Notice to Abate substantially as follows:
"Notice is given the Code Enforcement Officer of the City of California City has found and declares a public nuisance consisting of graffiti exists on your property located at: _ ___________ ___ .

The Code Enforcement Officer has also found and determined this condition must be abated by removal.

The graffiti will be removed and the nuisance abated by the City and the cost of removal assessed against the land on which the graffiti is located and such cost will constitute a lien until paid. In the alternative, if the cost is not paid, the amount should be placed on the tax rolls for collection.

If you object to the proposed removal or abatement of the above described nuisance, you may file a written appeal with the Code Enforcement Officer or designee at City Hall within three (3) days from the date of receipt of this notice.

Dated:

Code Enforcement Officer"
(b) The Notice to Abate shall be served on the record owner based on the last equalized assessment role or supplemental role, whichever is most current. The Notice shall be served in the same manner as a Summons in a civil action. If the record owner cannot be found after diligent search, the Notice may be served by posting a copy thereof in a conspicuous place on the property for 10 days and publication in a newspaper of general circulation published in Kern County pursuant to the Government Code. (c) The Code Enforcement Officer shall abate the nuisance without further notice to record owner if the record owner does not appeal the decision within 10 days of receipt. If the record owner appeals the decision, in a timely manner, the Code Enforcement Officer shall not abate the nuisance until the appeal process has been completed. The Code Enforcement Officer shall consider the appeal of the record owner. The Code Enforcement Officer's written decision shall be final.

Sec. 5-1.203. Graffiti Abatement: Cost Recovery.
(a) If the Code Enforcement Officer has invoked the abatement process described in the preceding section and if the record property owner has not paid the cost of removal within thirty (30) days of presentation of a bill, a nuisance abatement lien may be filed.
(b) Pursuant to Civil Code §1714.1, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti shall be jointly and severally liable with such minor for resulting damages incurred by the property owner in an amount not to exceed $25,000.00 for each such act of defacement.

ARTICLE 3. ABANDONED VEHICLES
Sec. 5-1.301. Findings and Determination.

Pursuant to Vehicle Code Section 22660, the Council finds: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or vehicle parts, on private or public property, not including highways, is a condition tending to reduce the value of private property, promote blight and deterioration, invite Crea ted: 2022- 05- 13 14 : 23 :11 ( EST]
(Supp. No. 10)

plundering, create fire hazards, constitute an attractive nuisance, create a harborage for rodents and insects, and be injurious to the health, safety, and general welfare. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle, or vehicle parts, on private or public property, not including highways, except as expressly permitted herein is prohibited.

Sec. 5-1.302. Exceptions.

This Article shall not apply to:
(a) A vehicle, or vehicle parts, completely enclosed within a building or six-foot high solid fence and not visible from the street or other public or private property; or (b) A vehicle, or vehicle parts, stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Sec. 5-1.303. Administration and Enforcement.
(a) The Chief of Police may cause the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts on property within the City in accordance with this Article. If a vehicle or vehicle parts are visible from public rights of way, the Chief of Police may enter upon private or public property to examine or obtain information as to the identity of a vehicle, and to remove, or cause the removal of, a vehicle, or vehicle parts, declared a nuisance pursuant to this Article. (b) The City may contract with the Department of Motor Vehicles to administer and enforce this Article. When the City has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or vehicle parts, declared to be a nuisance pursuant to this Article.

Sec. 5-1.304. Notices of Intention to Abate.
(a) A ten-day prior written notice of intention to abate and remove a vehicle, or vehicle parts, shall be mailed by registered mail to the owner of the land where the vehicle or vehicle parts are located, and to the owner of the vehicle, unless identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
" Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Vehicle Parts, as a Public Nuisance
(Name and address of the owner of the land)
As owner shown on the last equalized assessment roll of the land located at [address], you are notified the undersigned, pursuant to the California City Municipal Code, has determined an abandoned, wrecked, dismantled, or inoperative vehicle registered to --------...J license number ____ .J constitutes a public nuisance on your land.

You shall abate the nuisance by the removal of the vehicle (or vehicle parts) within ten days from the date of mailing of this notice. If you fail to do so, the same will be abated and removed by the City, and the cost s, together with administrative costs, will be assessed to you as owner of the land.

You may, within ten days after the mailing of this notice of intention, request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief of Police may abate and remove the said vehicle (or said vehicle parts of a vehicle) )as a public nuisance and assess Creat ed: 2022-05-13 14: 23 :11 [EST]
(Supp. No. 10)

the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the vehicle (or vehicle parts), with your reasons for denial, and such statement shall be construed as a request for a hearing at which your presence is not required. You may appear in person at hearings requested by you or by the owner of the vehicle or you may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice mailed [date].
/s/ ___________ _
Chief of Police, City of California City
"Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle, or Vehicle Parts, as Public Nuisance
(Name and Address of the last registered and/or legal owner of record of vehicle; notice should be given to both if different.)
As last registered (and/or legal) owner of record of [description of vehicle: make, model, license, etc.], you are notified, pursuant to the California City Municipal Code, the Chief of Police has determined the vehicle (or vehicle parts) exists as an abandoned, wrecked, dismantled or inoperative vehicle at [describe location on public or private property] and constitutes a public nuisance.

You are notified to abate the nuisance by the removal of the vehicle ( or vehicle parts) within ten days after the mailing of this notice, or request a public hearing. If such a request is not received by the Chief of Police within such ten-day period, the Chief or Police may abate and remove the vehicle (or vehicle parts) without a hearing.

Notice mailed [date].
/s/ ________ _
Chief of Police, City of California City"
(b) A notice of intention to abate shall not be required if the property owner and the owner of t he vehicle have signed releases authorizing removal and waive further interest in the vehicle or vehicle part, or the fol lowing conditions are satisfied:
(1) The vehicle or vehicle part is inoperable due to the absence of a motor transmission, or wheels and is incapable of being towed;
(2) The vehicle or vehicle part is valued at less than $300.00 by the Chief of Police or designee; (3) The Department of Building and Safety has determined the vehicle or vehicle part is a public nuisance, presenting an immediate threat to public health or safety; (4) The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or vehicle part; and
(5) The vehicle is located upon a parcel zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
(c) If a vehicle is removed prior to final disposition, the registered or legal owner shall be notified of the intent to dispose of the vehicle or vehicle part. If the vehicle or vehicle part is not claimed and removed from the scrap yard, automobile dismantler's yard, or public disposal area within twelve (12) days after the notice to dispose of vehicle is mailed, final disposition may proceed.

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(Supp. No. 10)

Sec. 5-1.305. Requested Hearings: Notices.
(a) When a proper request is lodged, a public hearing shall be held by the City Council on the question of the abatement and removal of the vehicle, or parts, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of removal of the vehicle, or parts, against the property on which the vehicle, or parts, is located. (b) Notice of the hearing shall be mailed by registered mail at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle.
(c) The City Council shall hear facts and testimony it deems pertinent. The City Council shall not be limited to technical rules of evidence. The owner of the land may appear at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for such denial.
(d) At the conclusion of the hearing, the City Council may impose conditions and take such other action appropriate under the circumstances to carry out the purposes of this Article. The order requiring the removal shall include a description of the vehicle, or parts thereof, and the correct identification and license number of the vehicle if available. The City Council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the land if it is determined at the hearing the vehicle was placed on the land without the consent of the owner of the land and the owner has not subsequently acquiesced in its presence. (e) Such owner or interested party shall be notified in writing of the decision. For lien sale purposes, the Council shall determine if the estimated value of the vehicle ordered removed, towed, or stored is $100.00 or less, over $100.00, but less than $200.00.
(Ord. No. 00-582, 10-3-2000)
Sec. 5-1.306. Removal.

Five (5) days after the adoption of the order declaring the vehicle, or parts, to be a public nuisance, or five (5) days after the date of the mailing of the notice of decision, if such notice is required by this Article, the vehicle or parts, may be disposed of by removal to a scrap yard or automobile dismantler's yard. A vehicle which has been removed shall not be reconstructed or made operable unless it qualifies for horseless carriage license plates or historical vehicle plates pursuant to the Vehicle Code.

Sec. 5-1.307. Removal: Notices.

Within five (5) days after the date of the removal of the vehicle, or parts, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles of the State evidence of registration available, including registration certificates, certificates of t itle, and license plates.

Sec. 5-1.308. Assessment of Costs.
(a) Fifty (50) percent of the actual costs of the removal of a vehicle, or vehicle parts, declared a nuisance pursuant to this Article constitutes the administrative costs of the City. Such amount is fixed as administrative costs.
(b) If the administrative costs and the costs of removal charged against the owner of a parcel of land pursuant to this Article hater are not paid within thirty (30) days after the date of the order, or the final disposition of an Cr eated: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)

appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State. A notice of assessment shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as City taxes.

Sec. 5-1.309. Act of Abandonment-Infraction.

It is unlawful and an infraction to abandon, store, leave, or permit the abandonment, storing, or leaving of a licensed or unlicensed vehicle or vehicle part which is abandoned, wrecked, dismantled or inoperative on private property or public property, including highways, within the City for period in excess of seventy (72) or more consecutive hours unless such vehicle or vehicle part is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer or a junkyard.

ARTICLE 4. NOISE AND VIBRATION
Sec. 5-1.401. Purpose and Scope.

It is the policy of the City to prohibit unnecessary, excessive and annoying noise and vibration. Certain noise levels and vibration are detrimental to the public health, welfare and safety and contrary to the public interest.

The City Council ordains and declares that creating, maintaining, causing or allowing to be created, caused or maintained noise or vibration in a manner prohibited by or not in conformity with the provisions of this Article, is a public nuisance.

Sec. 5-1.402. Definitions.

The following words are defined for the purposes of this Article:
(a) "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. (b) "'A' weighted sound level" means the total sound level in decibels of sound as measured with a sound level meter with a reference pressure of 20 micropascals using the "A" weighted network (scale) as slow response. The unit of measurement is dB(a).
(c) "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
(d) "Emergency machinery, vehicle, work or alarm" means machinery, vehicle, work or alarm use, employed, performed or operated to protect, provide, or restore safe conditions in the community or for the citizenry, or work by private or public utilities restoring utility service. (e) "Fixed noise source" means a stationary device creating sound while fixed or motionless including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. (f) "Impact noise" means the noise produced by the collision of one mass in motion with a second mass in motion or at rest.
(g) "Intruding noise level" means the total sound level created, caused, maintained or originating from an alleged offensive source in decibels at a specified location while the alleged offensive source is in operation.

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(h) "Licensed" means the issuance of a formal license or a permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the permission of the activity by the jurisdiction as noted in public record.
(i) "Major roadway" means a street, avenue, boulevard, or highway used for motor vehicle traffic owned or controlled by a public governmental entity with an average daily traffic flow of thirty thousand (30,000) or more vehicles.
(j) "Mobile noise source" means a noise source other than a fixed noise source. (k) "Simple tone noise" means a noise characterized by a predominant frequency or frequencies so other frequencies cannot be readily distinguished and, if measured, shall exist if the one-third(½) octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (½ octave bands by five (5) dB for frequency settings of five hundred (500) Hertz (Hz) and above, by eight (8) dB for frequency settings between one hundred sixty (160) and four hundred {400} Hz, and by fifteen (15) dB for frequency settings less than or equal to one hundred twenty five (125) Hz.
(I) "Sound level meter" means an instrument meeting American national Standard lnstitute's Standard Sl.4.1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (m) "Sound pressure level" of a sound, in decibels, means twenty times the logarithm to the base of ten of the ration of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

Sec. 5-1.403. Decibel Measurement Criteria.

Decibel measurement shall be based on a reference sound pressure of twenty (20) micro-pascals as measured with a sound level meter using the "A" weighted network (scale) at a slow response.

Sec. 5-1.404. Designated Noise Zones.

The properties hereinafter described are assigned to the following noise zones:

Noise Zone I: Single, double and multiple family residential properties located at a distance more than 600 feet from a major roadway.

Noise Zone II: Single, double and multiple family residential properties located at a distance equal to or less than 600 feet from a major roadway.

Noise Zone Ill: Commercial properties.

Noise Zone IV: Manufacturing or industrial properties.

Sec. 5-1.405. Exterior Noise Standards.
(a) The following exterior noise standards apply to property with the designated noise zone:

Noise Type of Land Use Time Interval Allowable Exterior Noise Zone Level
I Single, double or multiple 10:00 p.m.-7:00 a.m. 45 dB(A) family residential (R-1, R-2, R- 7:00 a.m.-10:00 p.m. 50 dB(A) 3, and R-4)
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II Single, double or multiple 10:00 p.m.-7:00 a.m. 50 dB(A) family residential (R-1, R-2, R- 7:00 a.m.-10:00 p.m. 55 dB(A) 3, and R-4)
Ill Commercial (C-1, C-2, etc.) 10:00 p.m.-7:00 a.m. 60 dB(A) 7:00 a.m.-10:00 p.m. 65 dB(A)
IV Industrial or manufacturing Anytime 70 dB(A)
(M-1, M-2, etc., or 1-1, 1-2,
etc.)
(b) No person shall create noise, or allow the creation of noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on other property to exceed:
(1) The noise standard for a cumulative period of more than thirty minutes in any hour; or (2) The noise standard plus 5 dB(A) for a cumulative period of more than fifteen minutes in any hour; or (3) The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (c) If the ambient noise level exceeds any of the above five noise limit categories, the cumulative period applicable to the category shall be increased to reflect the noise level. (d) Each of the noise limits specified above shall be reduced by 5 dB (A) for impact or simple tone noises, or for noises consisting of speech or music.
(e) If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply.
(f) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location's designated land use and for the time of day the noise level is measured.

The reasonableness of temporarily discontinuing the noise generated by an intruding noise source shall be determined by the Health Officer, or by the Police Chief, for the purpose of establishing the existing ambient noise level at the measurement location.

Sec. 5-1.406. Interior Noise Standards.
(a) The following interior noise standards apply to residential property within all noise zones.

Type Of Land Use Time Interval Allowable Interior
Noise Level
Residential 10:00 p.m.-7:00 a.m. 45 dB(A)
7:00 a.m.-10:00 p.m. 55 dB(A)
(b) No person shall create noise or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level when measured within a residential dwelling unit in any noise zone to exceed:

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(1) The noise standard for a cumulative period of more than five minutes in any hour; or (2) The noise standard plus five dB (A) for a cumulative period of more than one minute in any hour; or (3) The noise standard plus ten dB (A) for any period of time. (c) If the ambient noise level exceeds any of the above three noise limit categories, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. (d) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedures specified above shall be deemed property to enforce this section.

Sec. 5-1.407. Exemptions.

The following activities are exempt from this Article:
(a) Activities conducted on public parks, public playgrounds and public or private school grounds including, but not limited to, school athletic and school entertainment events. (b) Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, if the events are conducted pursuant to a permit or license issued by the City. (c) Mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of bell or alarm on building or motor vehicle shall terminate its operation within thirty {30) minutes of being activated. (d) Noise sources associated with or vibration created by construction, repair or remodeling of real property or during authorized seismic surveys under the following conditions:
{1) The activities occur between the hours of 6:00 a.m. and 8:00 p.m. between May 15 and September 15 of each year or between the hours of 7:00 a.m. and 8:00 p.m. during the remainder of the year.
(2) The activities do not take place on Sundays or federal holidays. (3) The noise level created by such activities does not exceed 60 dB (A) plus the limits specific herein as measured on residential property; and
(4) A vibration does not endanger the public health, welfare and safety.

Sec. 5-1.408. Schools, Hospitals, Churches, Libraries, etc.

No person shall create noise causing the noise level at a school, hospital, church or library to exceed the noise standards for the assigned noise zone in which the school, hospital, church or library is located, or which noise level unreasonably disturbs or annoys patients in a hospital. Conspicuous signs shall be displayed in three (3) separate locations within one-tenth ( 1/10) mile of the institution or facility indicating a quiet zone.

Sec. 5-1.409. Noise Level Measurements Locations.

The location selected for measuring exterior noise levels shall be at any point on the affected property.

Interior noise measurements shall be made within the affected residential unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source.

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Sec. 5-1.410. Vibration Standards.

No person shall create, maintain or cause ground vibration perceptible without instruments at any point on adjoining property. The perception threshold shall be presumed to be more than five-hundredths (0.05) inches per second RMS vertical velocity.

Sec. 5-1.411. Proposed Developments.

Each department whose duty it is to review and approve new projects or changes to existing projects that may result in an increase in ambient noise levels shall consult with the Health Officer prior to approval. If the Health Officer has reason to believe a standard, regulation or action or proposed standard, regulation or action of any department respecting noise does not conform to this Article, the Health Officer may request such department to consult on the advisability of revising such standard or regulation to obtain uniformity.

Sec. 5-1.412. Variance Procedures.

The owner or operator of a noise or vibration source may file an application with the Health Officer for a variance. The owner or operator shall set forth actions taken to comply with the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for accomplishment. The application shall be accompanied by a fee in the amount established from time to time by resolution. A separate application shall be filed for each noise source. Several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of the application and fee, the Health Officer shall refer it with a recommendation within 30 days to the Planning Commission.

Sec. 5-1.413. Noise Variance Board.
(a) The Planning Commission may hire a registered mechanical engineer, physician or other expert. (b) The Commission shall evaluate applications for variance. Variances shall detail the approved method of achieving maximum compliance and a time schedule or its accomplishments. The Commission shall consider the following:
(1) The magnitude of nuisance caused by the offensive noise; (2) The uses of property within the area of impingement by the noise; (3) The time factors related to study, design, financing and construction of remedial work; (4) The economic factors related to age and useful life of the equipment; and (5) The general public interest, welfare and safety.
(c) Variance shall be by resolution and transmitted to the Health Officer and the Police Chief for enforcement.

Sec. 5-1.414. Appeals.
(a) Within fifteen (15) days following the decision of the Commission, the applicant, the Health Officer or member of the City council may appeal the decision to the City Council in accordance with n tle 1, Chapter 4. (b) In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the Secretary of the Board on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council. If the actual cost differs from the estimated cost, appropriate payments shall be made either to or by the Secretary.

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(c) Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the Secretary of the Commission shall forward to the City Council copies of the application for variance; the recommendation of the Health Officer; the notice of appeal; evidence concerning application and the Commission's decision thereon.
(d) The Council shall conduct a hearing within thirty(30) days of receipt of the record and render a decision within fifteen (15) days after the hearing. The Council's decision is final. (Ord. No. 07-656, 12-4-2007)
Sec. 5-1.415. Enforcement.
(a) The County Health Officer and the Police Chief shall enforce this Article. (bl For the initial violation of this Article, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application shall be received by the Health Officer. No complaint or further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice. (c) Violation of this Article is a public nuisance and may be abated in accordance with law.

ARTICLE 5. DANGEROUS BUILDINGS
Sec. 5-1.501. Dangerous Buildings.
(a) The latest edition of the Uniform Code for Abatement of Dangerous Buildings, promulgated by the International Conference of Building Officials, is adopted by this reference. (b) The procedures and remedies set forth in the Uniform Code for Abatement of Public Buildings are cumulative. Nuisances created by dangerous buildings can be abated in accordance with the Uniform Code, other provisions of this Municipal Code, or other provisions of law.

ARTICLE 6. OPENED CONTAINERS
Sec. 5-1.601. Possession of Opened Containers: Prohibited. (a) No person shall have in his possession, or on his person, while in a business district, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened or a seal broken, or the contents of which have been partially removed. "Business district" refers to any area within the City where business activity occurs on two or more contiguous lots or parcels of land. (b) This section shall not apply to:
(1) Persons who, upon the recommendation of a doctor, carry alcoholic beverages for medicinal purposes; (2) Clergymen who carry alcoholic beverages for religious purposes; (3) Persons who possess alcoholic beverages within business establishments properly licensed to dispense alcoholic beverages, such as bars and restaurants; and
(4) The possession of an opened container during public celebrations, provided, notices have been posted indicating this exception exists and the duration thereof.

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Sec. 5-1.701. Handbills.
- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 1. - PUBLIC NUISANCE
ARTICLE 7. ADVERTISING DISTRIBUTION
ARTICLE 7. ADVERTISING DISTRIBUTION
(a) No person shall distribute, scatter, hand out or circulate handbills, circulars, tracks or leaflets which do not have printed on the cover, front or back, the following:
(1) The name and address of the person who causes the handbill, circular, track or leaflet to be printed, written, compiled and manufactured;
(2) The name and address of the person who causes the handbill, circular, track or leaflet to be distributed; and
(3) If the person who causes the handbill, circular, track or leaflet to be printed, written, compiled, manufactured or distributed is a fictitious person, the true name of the owner, manager or agent of the person sponsoring such material.
(b) No person shall post, hand out, or distribute handbills, circular~, tracks or leaflets which reasonably tend to incite a riot or other public disorder or which advocates disloyalty to, or the overthrow of, the government of the United States or of the State of California by force of arms or other unlawful means, or which urges any unlawful conduct, or which encourages or reasonably tends to encourage a breach of the public peace of the community.

ARTICLE 8. SEXUALLY ORIENTED BUSINESSES
DIVISION 1. GENERAL
Sec. 5-1.8.101. Purpose.

This Article sets forth the terms and conditions for obtaining a permit to operate a sexually oriented business.

Sec. 5-1.8.102. Definitions.

Unless otherwise apparent from context, the following terms are defined for the purposes of this Article:
(a) "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of the business.
(b) "Establishment" means and includes any of the following:
(1) The opening or commencement of any such business as a new business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this Article;
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(3) The addition of any of the sexually oriented businesses defined in this Article to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business. (c) "Nudity" or "state of nudity" means: the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
(d) "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
(e) "Permitted or Licensed Premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
(f) "Permittee or Licensee" means a person in whose name a permit or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
(g) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(h) "Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes. (i) "Public park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the City.
(j) "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. (k) "Residential District or Use" means a single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in this Code.
(I) "School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(m) "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(n) "Sexually oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio. (o) "Sexually oriented businesses" are those businesses defined as follows:
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machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." (2) "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:
(i) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; (ii) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sado-masochistic use or abuse of themselves or others.
(iii) An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store if one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
(3) "Adult cabaret" means a nightclub, bar, restaurant "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (i) persons who appear nude or in a state of nudity or semi-nude; (ii) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or (iii) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(4) "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b} offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.
(5) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(6) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
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(7) "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (8) "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(9) "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment involving manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage at a massage office or by a massage/bodywork professionally licensed by the City.
(10) "Nude model studio" means any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(11) "Sexual encounter establishment" means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. (p) "Specified anatomical areas," as used in this division means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) Human male genitals in a discernible turgid state, even if completely and opaquely covered. (q) "Specified sexual activities," means and includes any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; (5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.
(r) "Substantial enlargement of a sexually oriented business" means increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on January 1, 1997. (s) "Transfer of ownership or control of a sexually oriented business" means and includes any of the following:
(1) The sale, lease or sublease of the business;
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(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
(3) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

Sec. 5-1.8.103. Permit and License Required.
(a) No sexually oriented business shall operate without a valid sexually oriented business permit issued by the City for the particular type of business. It shall be unlawful to operate a sexually oriented business without such permit.
(b) Each individual to be employed in a sexually oriented business, who engages in the services rendered by a nude model studio, sexual encounter establishment, or a live performer or entertainer, shall obtain a Sexually Oriented Business Employee License.

Sec. 5-1.8.104. Authority delegated.
(a) The City Manager or designee shall grant, deny, revoke, renew, suspend, and cancel sexually oriented business permits for proposed or existing sexually oriented businesses. The City Manager or designee shall ascertain whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of the City's zoning regulations now in effect or as amended or enacted subsequent to the effective date of this Section.
(b) The California City Police Department shall provide information on whether an applicant has been convicted of a specified criminal act during the time period set forth. (c) The City is responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

DIVISION 2. APPLICATIONS
Sec. 5-1.8.201. Permit application.
(a) Any person desiring to operate a sexually oriented business shall file with the City an original and two copies of a sworn permit application on the standard application form supplied by the City or designee. (b) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(i) An individual : The individual shall state legal name and any aliases and submit satisfactory proof the applicant is at least eighteen years of age;
(ii) A partnership: The partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; (iii) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

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(2) If the applicant intends to operate the sexually oriented business under a name other than the applicant; the applicant must state the sexually oriented business's fictitious name and submit the required registration documents.
(3) Whether the applicant or any of the other individuals listed pursuant to this Section, within the two or five year period (as specified below) immediately preceding the date of the application, has been convicted of a specified criminal act, and, if so, the specified criminal act, the date of conviction and the place of conviction.
(4) Whether the applicant or any of the other individuals listed in the application pursuant to this Section has had a previous permit under the Article or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is identified under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. (5) Whether the applicant or any other individual listed under this Section holds any other permits or licenses under this Code or other similar sexually oriented business ordinances from another city or county and, if so, the names and locations of such other permitted businesses. (6) The single classification of permit for which the applicant is filing. (7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) The applicant's mailing addresses and residential address. (9) A recent photograph of the applicant(s).
(10) The applicant's driver's permit number, Social Security number, and State or federally issued tax identification number.
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(12) A straight-line drawing prepared by a registered land surveyor or civil engineer depicting the property lines and the structures containing any established existing uses regulated by this Code within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this Section, other than a "line performance," a use shall be considered existing or established if it is in existence at the time an application is submitted. For permit renewals, the original survey may be filed in lieu of a new survey.
(13) If the applicant is an individual, the applicant must sign the application for a permit as applicant. If the applicant is other than an individual, each individual who has a 10% or greater interest in the business must sign the application as applicant. If a corporation is the owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application as applicant.

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(14) If an applicant wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, the applicant shall also comply with the application requirements set forth below concerning exhibitions of sexually explicit films or videos in video booths. (c) Applicants for a permit under this Section shall have a continuing duty to promptly supplement application information required by this Section if such information changes in any way from what is stated on the application. The failure to comply with this continuing duty within thirty days from the date of such change, by supplementing the application on file with the City Manager or designee, shall be grounds for suspension of a permit.
(d) If the City Manager or designee determines or learns at any time the applicant has improperly completed the application for a proposed sexually oriented business, the City Manager shall promptly notify the applicant of such fact and allow the applicant ten {10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(e) The applicant shall pay a non-refundable application fee at the time offiling an application in an amount from time-to-time established by the council by resolution. (f) Prior to obtaining any permit or license to operate any sexually oriented business defined in this Article, and as part of any application for a permit under this Chapter, the applicant shall obtain from the City a certification that the proposed location of such business complies with the locational requirements of Title 9 of this Code.
(g) The fact a person possesses other types of State or City permits or licenses does not exempt a person from the requirement of obtaining a sexually oriented business permit. (h) By applying for a permit under this Article, the applicant shall be deemed to have consented to the provisions of this Article and to the exercise by the City Manager or his/her designee, the California City Police Department and all other City agencies charged with enforcing the laws, ordinances and codes applicable in the City of their respective responsibilities under this Article. (i) The applicant shall provide the City with the names of any and all employees who are required to be licensed pursuant to this Article. This shall be a continuing requirement even after a permit is granted or renewed.

Sec. 5-1.8.202. License Applications.
(a) Before any applicant may be issued a Sexually Oriented Business Employee License, the applicant shall submit on a form to be provided by the City Manager or designee the following information:
(1) The applicant's name or any other names (including 'stage' names) or aliases used by the individual; (2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) State driver's license or identification number;
(7) Social Security number; and
{8) Acceptable written proof that the individual is at least eighteen (18) years of age.

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(9) Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the California City Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant. (10) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
(11) Whether the applicant has been convicted of a "specified criminal" act described in this Article. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.
(b) The City Manager or designee shall refer the Sexually Oriented Business Employee License Application to the California City Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within thirty days from the date the completed application is filed. After the investigation, the City Manager or designee shall issue a license unless the report from the California City Police Department finds one or more of the following is true:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the sheriff's department or other department of the city;
(2) The applicant is under eighteen years of age;
(3) The applicant has been convicted of a "specified criminal act" as defined in this Article; (4) The Sexually Oriented Business Employee License is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this Article;
(5) The applicant has had a Sexually Oriented Business Employee License revoked by the city within two (2) years of the date of the current application;
(c) A license granted pursuant to this Section shall be subject to annual renewal by the City Manager or designee upon the written application of the applicant and a f inding by the Oty Manager or designee and the California City Police Department that the applicant has not been convicted of any "specified criminal act" as in this Article or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application. The renewal of the license shall be subject to payment of a fee as set by a resolution of the City Council.

Sec. 5-1.8.203. Investigation.
(a) Upon receipt of an application properly filed with the City and upon payment of the non-refundable application fee, the City Manager or designee shall immediately stamp the application as received and shall immediately send photocopies of the application to the California City Police Department and any other City agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this Article. This investigation shall be completed within twenty (20) days of receipt of the application by the City or its designee. At the conclusion of each investigation, each department or agency shall indicate on the photocopy of the Created : 2022-05-13 14:23:11 [ EST]
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application approval or disapproval of the application, date, signature, and, disapproved, state the reasons therefor. The California City Police Department shall only be required to certify the NCIC records request check. The California City Police Department shall not be required to approve or disapprove applications. (b) The City shall disapprove an application if it finds the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department shall immediately return the photocopy of the application to the City Manager or designee.
(c) The applicant must be qualified according to the provisions of this Article and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.

Sec. 5-1.8.204. Action on Application.
(a) The City Manager or designee shall grant or deny an application for a permit within sixty (60) days from the date of its proper filing. The application shall be deemed approved on the sixtieth day, unless the City Manager or designee denies the application and states the reasons(s) for that denial. (b) If granted, the permit shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate the Sexually Oriented Business whether permitted or not may be subject to prohibitions against Public Nudity and Indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 111 S.Ct. 2456 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time. (c) Denial of Application for Permit. The City Manager or designee shall deny the application for any of the following reasons:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or an applicant's spouse is overdue on payment to the City of taxes, fees, fines, or penalties assessed or imposed in relation to a sexually oriented business. (3) An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve months. (4) An applicant has failed to provide information required by this Article or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.
(5) The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.
(6) The permit fees required by this Article have not been paid. (7) An applicant is in violation of, or is not in compliance with, any of the provisions of this Article including but not limited to the zoning locational requirements for a sexually oriented business under Title 9 of this Code.
(8) The granting of the application would violate a statute, ordinance, or court order. (9) The applicant has a permit under this Article which has been suspended or revoked. (10) An applicant has been convicted of a "specified criminal" act for which:

Cr eated: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)

(i) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal acts" which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; (ii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the "specified criminal acts" which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; (iii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses for "specified criminal acts" which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or materials harmful to minors, prostitution, pandering or tax violations; offenses occurring within any twenty-four-month period; (iv) The fact a conviction is being appealed shall have no effect on disqualification of the applicant; An applicant who has been convicted of the above described "specified criminal acts" may qualify for a sexually oriented business permit only when the time period mentioned above has elapsed. (v) An applicant has knowingly employed an employee who does not have a valid license as required by this Article.
(vi) The applicant applies for a permit for a particular location within a period of twelve months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. (vii) If the City Manager or the City Manager's designee, denies the application, he/she shall notify the applicant of the denial and state the reasons(s) for the denial.

DIVISION 3. PERMITS
Sec. 5-1.8.301. Annual Fee.
(a) The holder of a sexually oriented business permit shall pay an annual fee as established by the Council by resolution.
(b) Each applicant for an employee license shall pay a permit fee is to cover reasonable administrative costs of the licensing application process in an amount from time-to-time established by the Council by resolution.

Sec. 5-1.8.302. Inspection.
(a) An applicant or permittee shall permit representatives of the Code Enforcement Office, the County Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. (b) It shall be unlawful and a person who operates a sexually oriented business or the agent or employee of the operator, regardless of whether or not a permit has been issued for the business under this Article, and such person commits a misdemeanor for refusing to permit such lawful inspection of the premises at any time it is occupied or open for business.

Created: 2022-05-13 14:23:11 [EST]
(Supp. No. 10)

Sec. 5-1.8.303. Expiration of Permit.
(a) Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in this Article. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.
(b) When the City Manager or designee denies renewal of the permit, the applicant shall not be issued a permit under this Article for one (1) year from the date of denial. If, subsequent to denial, the City Manager or designee finds the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety days have elapsed since the date the denial became final.

Sec. 5-1.8.304. Suspension of Permit.
(a) The City Manager or designee shall suspend a permit for a period not to exceed thirty days if the City Manager determines a permittee, or an employee of a permittee, has:
(1) Violated or is not in compliance with any section of this Article; or (2) Been under the influence of alcoholic beverages while working in the sexually oriented business premises; or
(3) Refused to allow an inspection of the sexually oriented business premises as authorized by this Article; or
(4) Knowingly permitted gambling by any person on the sexually oriented business premises; or (5) Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, the determination being based on investigation by the department charged with enforcing such rules or laws. In the event of such violation, the City Manager or designee shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the City Manager or designee shall forthwith suspend the permit and shall notify the permittee of the suspension. (6) Engaged in a permit transfer contrary to the intent of this Article. If the City or its designee, suspends a permit on the ground a permittee engaged in a permit transfer contrary to this Article, the City Manager or designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Article has been satisfied. (7) Operated the sexually oriented business in violation of the hours of operation. (8) Knowi ngly employs a person who does not have a valid license as required by this Article. (b) The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

Sec. 5-1.8.305. Revocation of Permit.
(a) The City Manager or designee shall revoke a permit if a cause of suspension occurs and the permit has been suspended within the preceding twelve (12) months.
(b) The City Manager or designee shall revoke a permit upon determining that:
(1) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or Crea t ed : 2022-05-13 14: 23 :12 [ EST]
(Supp. No. 10)

(2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises; or
(3) A permittee or an employee has knowingly allowed prostitution on the premises; or (4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or
(5) A permittee has been convicted of a "specified criminal act" for which the time period required in by this Article has not elapsed; or
(6) On two or more occasions within a twelve-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact a conviction is being appealed shall have no effect on the revocation of the perm it; or
(7) A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business; or
(8) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.
(9) A permittee has been operating more than one (1) sexually oriented business under a single roof except as provided in Title 9 of this Code.
(c) When the City Manager or designee revokes a permit, the revocation shall continue for one (1) year and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the City Manager or designee finds the basis for revocation has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective.

Sec. 5-1.8.306. Judicial Review of Permit Denial, Suspension or Revocation.

After denial of an application or a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action by the Planning Commission. If the denial, suspension or revocation is affirmed upon review, the administrative action shall be promptly reviewed by the City Council. The decision of the City Council is final unless changed by a court of competent jurisdiction.

Sec. 5-1.8.307. Transfer of Permit.
(a) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit. (b) A permittee shall not transfer a permit to another person unless and until such other person satisfies the following requirements:
(1) Obtains an amendment to the permit from the City Manager or designee which provides the transferee is the permittee, which amendment may be obtained only if the transferee has completed and properly filed an application with the City Manager or designee, setting forth the information required of applicants for permits under this Article; and
(2) Pays a transfer fee of 20% of the annual permit fee.

Created : 2022- 05-13 14 :23:12 [EST]
(Supp. No. 10)

(c) No permit may be transferred when the City Manager or designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee. (d) A permittee shall not transfer a permit to another location. (e) Any attempt to transfer a permit either directly or indirectly in violation of this Section is void and the permit shall be deemed revoked.

DIVISION 4. REGULATIONS
Sec. S-1.8.401. Exhibition of Sexually Explicit Films or Videos in Video Booths. (a) A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to the business under this Article, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet offloor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City Manager or designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant. (b) No alteration in the configuration or location of a manager's station may be made without the prior approval of the City Manager or designee.
(c) The owners and operator of the premises shall ensure at least one employee is on duty and situated at each manger's station at all times any patron is present inside the premises. (d) The interior of the premises shall be configured in such a manner so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, the interior of the premises shall be configured in such a manner there is an unobstructed view of each area of the premises to which any patron is permitted access from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(e) The owners and operator, and any agents and employees present on the premises shall ensure the view area specified herein remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to ensure no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Section. (f) No viewing room may be occupied by more than one person at any time.

Created: 2022-05- 13 14:23:12 [EST]
{Supp. No. 10)

(g) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two {2.0) foot candles as measured at the floor level.
{h) The owners and operator and any agents and employees present on the premises shall ensure the illumination described above is maintained at all times that any patron is present on the premises.

Sec. 5-1.8.402. Minors and Sexually Oriented Businesses.

A person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and knowingly or with reasonable cause to know, permit, suffer, or allows:
(1) Admittance of a person under eighteen {18) years of age to the business premises unless accompanied by a parent or guardian;
(2) A person under eighteen (18) years of age to remain at the business premises unless accompanied by a parent or guardian;
(3) A person under eighteen {18) years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or (4) A person who is under eighteen (18) years of age to work at the business premises as an employee.

Sec. 5-1.8.403. Advertising.
(a) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and advertises the presentation of any activity prohibited by any applicable State statute or local ordinance. {b) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business. (c) The permittee shall not allow any portion of the interior premises of a sexually oriented business to be visible from outside the premises.
(d) All off-street parking areas and premises' entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. This required lighting level is established to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shal l be shown on the required sketch or diagram of the premises.

Sec. 5-1.8.404. Hours of Operation.
(a) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.

Creat ed: 2022·05·13 14 : 23:12 [ EST]
(Supp. No. 10)

(b) It shall be unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 1:00 a.m. and 9:00 a.m.

Sec. 5-1.8.405. Nudity at Sexually Oriented Businesses Not Offering for Sale Alcoholic Beverages Subject to Prohibition Pursuant to the U.S. Supreme Court Decision in Barnes v. Glen Theatre, Inc.

Public nudity is prohibited within the City, including any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its permit suspended.

DIVISION 5. ENFORCEMENT
Sec. 5-1.8.501. Criminal Prohibitions For The Operation of A Sexually Oriented Business Without A Valid Permit.
(a) The following additional criminal provisions shall also apply to sexually oriented businesses in addition to the criminal provisions found at other sections of this Article. (b) It shall be unlawful and a person commits a misdemeanor who operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business under this Article, and said person knows or should know that:
(1) The business does not have a sexually oriented business permit under this Article for any applicable classification;
(2) The business has a permit which is under suspension; (3) The business has a permit which has been revoked; or (4) The business has a permit which has expired.

Sec. 5-1.8.502. Exemptions.
(a) It is a defense to prosecution for any violation of this Article that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a college, junior college, or university supported entirely or partly by taxation; (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or (3) In a structure:
(i) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(ii) Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
(iii) Where no more than one (1) nude model is on the premises at any one time.

Created: 2022-05-13 14 :23:12 [ EST]
(Supp. No. 10)

(b) It is a defense to prosecution for a violation of this Article that an employee of a sexually oriented business, regardless of whether or not it is permitted under this Article, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

Sec. 5-1.8.503. Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief. (a) In addition to whatever penalties are applicable under the Penal Code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this Article, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed sixty (60) days, or both, in the discretion of the Court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. (b) Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(c) Further, nothing in this Section shall be construed to prohibit the City from prosecuting any violation of this Article by means of a Code Enforcement Board established pursuant to the authority as provided by the laws of the City.
(d) All remedies and penalties provided for in this Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law.

Sec. 5-1.8.504. Immunity From Prosecution.
(a) The City Manager and designee, the California City Police Department and all other departments, and all other City officers, agents and employees, charged with enforcement of State and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this Article. (bl It is unlawful for anyone to distribute, for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. (c) Such devices, instruments or paraphernalia include but are not limited to; phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sado-masochistic abuse. (d) A violation of this section is a misdemeanor punishable by a fine of up to $1000.00 and six (6) months incarceration or both.

ARTICLE 9. OTHER
Sec. 5-1.901. Covering or Capping Required.

Abandoned septic tank, well, pit, or other abandoned excavation, more than five (5) feet in depth and not less than four (4) feet in width at its greatest dimension, shall be covered and capped so there is no danger to persons.

Cr eated: 2022-0 5-13 14: 23 :12 [EST]
(Supp. No. 10)

Sec. 5-1.902. Reserved.

Editor's note(sl-Ord. No. 14-724, § 1, adopted Oct. 7, 2014, repealed former§ 5-1.902 in its entirety which pertained to residency restrictions for sex offenders.

CHAPTER 2. GAMES
ARTICLE 1. BILLIARD AND POOL HALLS
Sec. 5-2.101. Licenses.
(al A license shall be secured for pool rooms and billiards halls. (bl Places where billiard tables or pool tables are maintained for public use shall be and remain closed between the hours of 2:00 a.m. and 6:00 a.m. of every day.
(cl No minor shall be permitted in a poolroom, or other gaming place unless accompanied by parent or guardian or if the minor has in possession written permission of parent or guardian to engage in such activities. such written permission shall be presented, upon demand, to the owner, proprietor, or operator of such establishment and to legally constituted officers of the City. (dl This section shall not permit minors to be present in a public billiard hall, poolroom, or other gaming place within the City where distilled spirits are sold or consumed. (el No owner, proprietor, or operator of a public billiard hall, poolroom, or other gaming place within the City where beer, wine, or distilled spirits are sold or consumed shall permit any violation of this Article.

ARTICLE 2. COIN-OPERATED GAME MACHINES
Sec. 5-2.201. General.
(al No person shall rent, lease, or sell a game machine in the City without a license from the City. Such license shall be referred to as an "operator's license."
(bl No person shall use a game machine or offer a game machine for use by other persons without first having secured a license from the City. Such license shall be referred to as a "game machine license." (cl No license shall permit a person under the age of fourteen (14l years to operate a game machine without being accompanied by a parent or guardian.
(dl For the purposes of this Article, "game machine" means a machine, device, or apparatus, the operation or use of which is permitted, controlled, or made possible by the deposit or placing or any coin, plate, disc, slug, or key into any slot, crevice, or other opening, and which is offered for use as a game or contest of any description of for amusement, or which may be used for any such game or contest or for amusement. A game machine which is so constructed or regulated that it may be activated or operated from more than one (ll coin box, slot, or position, shall be considered to be one (ll game machine only.

Created: 2022-05 ·13 14: 23:1 2 [EST]
(Supp. No. 10)

Sec. 5-2.202. Exceptions.
(a) This Article does not permit the licensing, maintenance, or operation of a game machine forbidden by State law or permit the operation of a game machine in such a manner as to constitute gambling or otherwise be contrary to State law.
(b) This Article shall not apply to a vending machine designed and operated as to sell and deliver merchandise, furnish a service only, equivalent in market value to the value of the coins deposited without the payment or delivery, or the promise of payment or delivery, of anything except the merchandise kept for sale or the service offered therefor.

Sec. 5-2.203. Application.

A person who desires a license under this Article shall make application to the City Clerk on a form provided by the City Clerk.

Sec. 5-2.204. License.

The City Clerk shall issue the license when the application is complete.

Sec. 5-2.205. Licenses: Suspension: Revocation.

The Council may suspend or revoke an operator's license or game machine license.

ARTICLE 3. BINGO GAMES
Sec. 5-2.301. General.

No person shall conduct a bingo game without a permit from the City.

Sec. 5-2.302. Definitions.

The following words are defined for the purposes of this Article:
(a) "Bingo Game" means such a game as is defined in the California Penal Code. (b) "Charitable Organization" means such an organization as is defined in the California Penal Code.

Sec. 5-2.303. Applications.

A person who proposes to conduct a bingo game within the City must provide the City Clerk with the following information authenticated by verification:
(1) Date of application;
(2) Name of applicant;
(3) Legal capacity of applicant, e.g., corporation, partnership, individual; (4) Mailing address of applicant;
(5) Proposed location of bingo game.

Created: 2022-05·13 14: 23:12 (EST]
(Supp. No. 10)

(6) Description of the building where the bingo game is to be conducted, including dimensions and type of construction.
(7) Statement the building conforms to applicable laws; (8) Statement the applicant understands the application shall be considered by the City Council only after full investigation and a report thereon has been made by designated City officials; (9) Statement no intoxicating liquors or beverages will be sold, given away, dispensed or consumed in the area designated for bingo games;
(10) Statement the permittee will conform to State and City laws; (11) Statement the applicant has read and understands this Article; (12) Financial statement indicating the operators are capable of meeting the financial requirements of this Article.

Sec. 5-2.304. Investigation and Report.

The Chief of Police, or designee, shall conduct an investigation of t he character and integrity of each applicant within thirty (30) days from the date of the application and submitted to the Council at the next regular meeting date subsequent to the conclusion of the investigation.

Sec. 5-2.305. Action on Application.
(a) The City Council may deny the application for a bingo permit if:
(1) The investigation report indicates the applicant does not possess a reputation for good character and integrity;
(2) The financial statement indicates the applicant will be unable to meet the financial obligation imposed by the City; or
(3) For other cause.
(b) If application is denied, the applicant shall be provided with a written statement detailing the reasons for the Council's determination and the applicant shall be given an opportunity to present rebuttal evidence to the Council in writing within twenty (20) days from the date of notification of the Council's action.

Sec. 5-2.306. Permit Conditions.

Each permit shall include the following terms and conditions:
(a) No person who has been convicted of a felony or crime of moral turpitude may participate in the operation of a bingo game.
(b) The bingo games shall be conducted in a building which complies with laws. (c) The operator of the bingo games shall comply with the Penal Code. (d) Bingo games may be conducted only between the hours of 12:00 noon and 12:00 midnight and not more than three (3) days per week. No bingo session shall exceed six (6) continuous hours and not more than one (1) bingo session shall be permitted in any one day by any one permittee. The permittee may not conduct additional bingo sessions at locations where three (3) sessions have been authorized by the City to be conducted during that week. For the purposes of this subsection, a week begins on Sunday.

Created : 2022-05-13 14:23 :13 [EST)
(Supp. No. 10)

(e) No person shall serve or consume alcoholic beverages within the rooms where bingo is being played. (fl No persons under the age of thirteen (13l shall operate or participate in a bingo game. (gl Bingo permit, rules and regulations and the permittee's rules of bingo operation shall be conspicuously posted at the public entrance to the room where bingo is played. Posted rules shall be readable, legible and accessible to participants.
(hl A member of the permittee's organization shall be designated as a bingo manager. The bingo manager shall be responsible for the conduct and operation of the bingo games and for compliance with all applicable laws, rules and regulations promulgated thereunder. The bingo manager shall be present during the playing of bingo games.
(il The total value of prizes awarded for any one bingo game shall not exceed the limit set forth in California Penal Code 326.5, as it may be amended from time to time. Prior to the commencement of each game the prize shall be announced and a facsimile of the type of game to be played shall be clearly displayed to all participants. All prizes shall be awarded immediately following each bingo game. (j) Games shall be completed during each session.
(kl Bingo numbers shall be announced and displayed in full view of players. An adequate public address system shall be used for this purpose.
(I) Each card shall have an equal opportunity to win each game. (ml Advertising or publicity for bingo shall include reference to the valid bingo license permit number issued by the City.
(nl At least two (2) members of the permittee's organization shall jointly count bingo proceeds. Such proceeds shall be deposited into a special bingo account on the next banking day and shall not be commingled with other monies. The monies deposited in the special account may be transferred to another account or fund of the permittee's organization or to another account or fund of other organization or entity associated or affiliated with the permittee's organization for the purpose of implementing charitable expenditures of bingo proceeds, provided:
(1) No monies from sources other than bingo proceeds are placed in such fund; (2) The purpose of such fund is clearly designated as a part of the title or subtitle of the fund and in the books and records of the organization;
(3l Expenditures shall be for the purposes permitted by the Penal Code; (4l Disbursements from the special fund shall be by consecutively numbered checks signed by two (2l authorized officers of the permittee and shall be payable to a specific individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to "cash" other than for the payment of incidental bingo expenses. Such checks shall be marked "for deposit to the petty cash fund." Such petty cash fund shall not at any time contain more than $25.00 and a receipt shall be obtained for each disbursement indicating the amount disbursed, the individual or organization receiving the cash disbursement is made.
(ol No person shall play a bingo game on credit.
(p) Bingo financial records including books and records of the permittee and organizations or entities associated with or affiliated with the permittee for the purpose of disbursing charitable expenditures of bingo proceeds shall be available for inspection by the Chief of Police, or designee. ( Ord. No. 15-728, § 1, 1-20-2015)
Created: 2022-05-13 14: 23 :13 [EST]
(Supp. No. 10)

Sec. 5-2.307. Revocation of Permit.
(a) The following shall be cause for revocation of a bingo permit:
(1) Determination the application for the permit contained untrue statements; (2) Violation of any federal, state, or local law;
(3) Failure to pay all fees in a timely manner;
(4) Violation of any permit condition;
(b) When a permit is revoked pursuant to this Article, the permittee may file a written appeal and a request a hearing before the City Council.

Sec. 5-2.308. Termination of Permits.

Permits issued shall expire on midnight one year from the date of issuance. The owner of unrevoked permit may apply to renew permit for an additional one-year term. Applications for renewal of permits shall contain the information which is required for the issuance of a permit in the first instance.

Sec. 5-2.309. Transfer and Modification.

Permits may not be transferred to a new location unless application for a new permit is made and the application is approved in accordance with this Article. A change in the items listed in the application shall be promptly reported to the City Clerk and Chief of Police in writing. Each change in the person described in the application shall be considered a license modification for which a fee from time-to-time established by the Council by resolution shall be paid to cover the cost of investigating the new person or persons and for the issuance of a modified permit.

ARTICLE 4. CARD CLUBS
Sec. 5-2.401. General.
(a) No person, owner or employee shall operate a card club without first having obtained a permit pursuant to this Article.
(b) No card club shall employ a person without such person having been photographed and fingerprinted by the Police Department within three (3) days prior to their employment.

Sec. 5-2.402. Definitions.

The following words are defined for the purposes of this Article:
(a) "Card Club" means a business or enterprise licensed for the playing of draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine.
(b) "Employee" means a person acting as agent, employee or otherwise, of the owner, as owner, or under the direction of the owner of any card club.
(c) "Owner" means persons, firms, associations, partnerships, corporations or other entities having an interest, legal or equitable, in a card club or card club license or permit.

Created: 2022-05- 13 14:23 :13 [ EST]
(Supp. No. 10)

(d) "Operate" means to form, maintain or participate in the formation or maintenance of a card club.

Sec. 5-2.403. Applications.

A person who intends to operate a card club must provide the City Clerk with the following information authenticated by a verification:
(a) Date of application;
(b) Name of applicant;
(c) Legal capacity of the applicant, e.g., corporation, partnership, individual; (d) If applicant is an individual, present business address, mailing address and residential address; (e) If applicant is not an individual, information shall be presented for each partner or corporate officer; (f) Proposed location of the card club;
(g) Nature of game for which the license is to be issued; (h) Number of tables or other units to be placed, employed or used; (i) Description of the businesses to be conducted at the licensed location; (j) Description of the building including dimensions and type of construction; (k) Statement the building conforms to laws;
(I) Statement the applicant understands the application shall be considered by the Council only after a full investigation and a report made by the Police Department and building inspector or authorized representative;
(m) Statement recognizing no intoxicating liquors or beverages are to be sold, given away, dispensed, consumed or permitted in the area designated for the playing of draw poker or pan, except malt beverages or liquors may be sold and dispensed in an area designated for the playing of draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine under the following conditions:
(1) No free or "on the house drinks" may be served in the area designated as the "card room;" (2) No beverages shall be served on the surface of the "playing table" designated as the area for playing cards; and
(3) Beverages will be sold, dispensed or served on a compact portable "caddy" or "tray table" for the exclusive use of beverages or food service.
(n) Statement the permittee shall conform to State and City laws. (o) Statement the applicant has read and understood this Article; (p) Financial statement which indicates the owners of the card club are capable of meeting the financial requirements of this Article.

Sec. 5-2.404. Application Fees.

The owner shall deposit with the City Clerk a non-refundable application fee in an amount to be established from time to time by the City Council by resolution. Each employee employed by a card club shall pay an application fee also in the amount to be established by the City Council from time to time by resolution.

Created: 2022-05-13 14:23:13 [EST]
(Supp. No. 10)

Sec. 5-2.405. Investigation and Reporting.

The Chief of Police shall conduct an investigation of the character and integrity of each applicant within 30 days from the date of the application and submitted to the Council at the next regular meeting after conclusion of the investigation.

Sec. 5-2.406. Action Upon Application.
(a) The City Council may deny the application if:
(1) The investigation report indicates the applicant does not possess a reputation for good character and integrity:
(2) The financial statement indicates the applicant will be unable to meet the financial obligations imposed upon the card club by the City; or
(3) Other cause deemed material by the Council.
(b) If the permit is denied, the applicant shall be provided a written statement detailing the reasons for the determination and giving opportunity to present rebuttal evidence to the Council in writing within twenty (20) days from the date of the notification of the Council's action.

Sec. 5-2.407. Fees.
(a) An annual permit fee shall be paid to the City for each card club in an amount to be determined by the City Council from time to time by a resolution. Fees shall be paid at the time the permit is issued and at each anniversary.
(b) Each card club shall pay an annual fee in an amount to be established from time to time by the City Council based upon the number of tables operated during the preceding year. If a card club increases the number of tables operated during such licensed period, it shall pay to the City the established fee for additional tables.

The license fee shall be paid at the time of issuance of each renewal permit. The license fee payable at the time of the initial issuance of a permit shall be based upon the number of tables intended to be operated or utilized by the card club for the first year of its license. (c) A verified statement of the amount of gross revenue shall be submitted to the City each quarter by the owner of each card club simultaneously with the payment of quarterly table fees. Permittee shall maintain books and records in sufficient detail so as to enable the City to determine the gross income of permittee on a quarterly basis. The City Manager, Finance Director or independent auditor may inspect the books, records and accounts of the permittee at a reasonable time upon written request.

Sec. 5-2.408. Revocation of Permit.
(a) The following shall be cause for the revocation of a card club permit:
(1) A determination the application for permit contained untrue statements; (2) A violation of state, federal or local law;
(3) Failure to pay fees in a timely manner;
(4) Refusal to permit inspection of books and records;
(5) Failure to maintain card tables in full view of the public and of any patrons of said card club; (6) The construction or erection of partitions or other devices which conceal persons playing cards; Cre ated: 2022-05-13 14: 23 : 13 [ EST]
(Supp. No. 10)

{7) Failure to maintain the designated card playing area free of intoxicated persons or intoxicants unless such intoxicants are otherwise permitted.
(b) When a permit is revoked, permittee may file a written appeal and request a hearing before the Council.

Sec. 5-2.409. Expiration and Renewal.
(a) Permits shall expire on midnight one year from the date of issuance. (b) The owner of an unrevoked permit may, prior to its expiration, apply to renew such permit for an additional one-year term. Applications for renewal of permits shall contain the information required for the issuance of a permit in the first instance.

Sec. 5-2.410. Transfer of Permits.

Permits may not be transferred unless the proposed transferee makes application for a new permit and the application is approved.

Sec. 5-2.411. Card Club Operations.

Each card club operating under this Article shall comply with all permit conditions and the following:
(a) At least (15) tables shall be operated.
(b) Permittee may not operate more card tables than are stated in the application or permit. ( c) No person under the age of twenty-one (21) years shall be allowed in the designated card club areas. (d) The schedule of operating hours shall be specified by the permit. (e) No signs shall be permitted on the exterior of building advertising card games or draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine, except pursuant to a special permit approved by the Planning Commission. The permit may be denied or conditionally approved by the Commission in its sole discretion subject to review by the Council.
(f) No subletting, "farming out" or assigning of gaming tables shall be permitted. (g) Draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine, shall be confined to one floor of operation.

Sec. 5-2.412. Security Patrol.

The operator, permittee, owner or other person in control of each card club shall provide security for each card club under his control. "Security" means the enforcement of rules and regulations of the federal, state and city government. Security shall also be provided to the immediate parking area of designated card clubs and to those persons who use such parking areas.

ARTICLE 5. EXPERIMENTAL GAMING ACT
Sec. 5-2.501. Purpose and Scope.

This Article regulates gambling within the City as permitted by the People's Experimental Gaming Act, herein "Gaming Act". No person shall gamble, permit or encourage gambling prior to the passage of the Gaming Act, created: 2022-05- 13 14 : 23 :13 ( EST]
(Supp. No. 10)

except in compliance with state law. No person shall gamble, permit or encourage gambling after the passage of the Gaming Act except in compliance with the Gaming Act, this Article, and State law.

Sec. 5-2.502. Definitions.

Unless otherwise apparent from context, the following terms are defined for the purposes of this Article:
(a) "Gaming" or "gambling" means acts, games and contrivances by which one risks money or other things of value on a contest or chance of any kind.
(b) "Casino" means a place where gaming is permitted by the City. (c) "License" means the authority to operate a casino evidenced by a document issued by the City pursuant to this Article.

Sec. 5-2.503. General.
(a) No person shall gamble except at a duly licensed casino. (b) No person shall own or operate a casino without a valid and subsisting license secured in accordance with this Article.
(c) Violation of this section is a misdemeanor and a public nuisance.

Sec. 5-2.504. License.

This Article sets forth the requirements for filing an application for a license. No application for a license shall be filed or received except in compliance with this Article.

Sec. 5-2.505. Application.
(a) Any person desiring to own or operate a casino shall submit a written application for a license with the City Clerk, under oath, setting forth the following information:
(1) Applicant's name, age, sex, present address, and addresses of all residences and descriptions of all occupations and businesses for the past five (5) years; (2) The name of the owner of the premises where the casino is to be operated and the name of his authorized agent, if any;
(3) The names, ages, addresses, occupations and businesses for the past five (5) years of persons having an interest, directly or indirectly, in applicant's business, whether as partners, directors, officers, joint ventures, lessees, holders of 10% or more of the stock, controlling persons, and the proposed casino operator.
(b) A licensee may request renewal of a license making an application as set forth in this Article.

Sec. 5-2.506. Fees.

An application fee shall be paid when the application is filed in an amount established by resolution of the City Council.

Created : 2022-05-13 14:23:13 ( EST)
(Supp. No. 10)

Sec. 5-2.507. Investigation.

The City Clerk shall forthwith transmit the application under this Article to the Office of the Chief of Police for investigation and report. The application and report shall be presented for presentation to the City Council with the Chief's report.

Sec. 5-2.508. Public Hearing.

The City Council shall conduct a public hearing with at least two weeks' prior published and posted notice to consider each application for a license. The applicant shall be present and may present testimony under oath and documentary evidence. Any interested person may also present testimony under oath and documentary evidence.

Sec. 5-2.509. Findings and Decision.

The City Council shall adopt written findings and a decision for each application within thirty (30) days after the public hearing on the application. Approved licenses shall comply with the requirements of this Article.

Sec. 5-2.510. License Conditions.
(a) Each licensee and all persons identified in the application shall be of good moral character. (b) Each license shall be subject to at least the following requirements:
(1) Licenses are valid for a period of one year from the date of issuance. (2) Except as provided below, a license shall not be transferred to any other party without the consent of the Council.
(3) A license may be transferred by operation of law to a receiver or assignee for benefit of creditor or to an executor, administrator, guardian, heir or devisee. Before continuing business, such receiver, assignee, guardian, administrator, executor, heir or devisee shall file a statement with the City Clerk addressed to the Council setting forth the facts and circumstances showing such person is the lawful successor to the rights of the licensee.

Sec. 5-2.511. License Revocation or Suspension.
(a) A license issued under this Article may be revoked or suspended on the following grounds:
(1) Material misstatement of fact in the application;
(2) Failure to satisfy license conditions;
(3) The licensee's conviction of a serious crime of moral turpitude; (4) Attempt to transfer without permission of the City; (S) Failure to pay fees in a timely manner; or
(6) Failure to comply with any provision of this Article. (b) The City Manager shall provide the licensee of written notice setting forth the grounds for revocation or suspension and giving the licensee at least 30 days opportunity to respond. The City Manager shall consider the licensee's response (or lack of response) before taking action. (c) The licensee may appeal the City Manager's decision to the City Council by fi ling a written notice of appeal within 10 days of the City Manager's decision. The City Council shall conduct a public hearing to consider an Created: 20i2·05 -13 14: 23:13 [EST)
(Supp. No. 10)

appeal by the licensee. The City Council shall use administrative rules of evidence. The decision of the City Council shall be final.

Sec. 5-2.512. Public Nuisance.

Operating or owning a casino without a license is a public nuisance. The City Attorney shall abate such nuisance.

Sec. 5-2.513. Force and Effect.

If any provision of this Article is held to be unenforceable by a court of competent jurisdiction, any license issued pursuant to this Article shall be suspended until a lawful measure is enacted.

CHAPTER 3. PUBLIC PROPERTY
ARTICLE 1. PARADES
Sec. 5-3.101. Permits: Required.

No person shall organize, hold, or participate in a parade on a City street without first obtaining a permit as set forth in this Article. For the purposes of this Article, "parade" means an organized formation or procession of persons or vehicles, or both.

Sec. 5-3.102. Permits: Applications: Forms.
(a) The permit required by this Article shall be requested by a written application upon a form prepared by the City Clerk. The application shall set forth the following information:
(1) The name of the person desiring the permit;
(2) The time and place, including the route and termini, of the parade; and (3) The approximate or estimated number of persons and vehicles which will participate. (b) The application shall be filed with the City Manager.

Sec. 5-3.103. Permits: Denial.

No permit for a parade shall be denied because of the danger of a riot or a breach of the peace, property damage, or other disorderly or unlawful conduct unless evidence is shown or presented to the City Manager of facts to support proof of such danger. No application shall be denied without a notice to the applicant of the time of a hearing by the City Manager.

ARTICLE 2. LOITERING
Created: 2022-05-13 14: 23 :13 [ EST)
(Supp. No. 10)

Sec. 5-3.201. Curfew.
(a) No person under the age of eighteen years shall be on a public street, lane, alley, public park, playground or other public grounds, public places and public buildings or vacant lots, either on foot or in a vehicle, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, unless the minor is:
(1) Accompanied by a parent, guardian or other adult person having custody or charge of said minor; or (2) At a legitimate place of business, trade, profession or occupation at which the minor is employed; or (3) At a public library, night class, study hall, school activity, place of worship or teen center supervised or sponsored by adults of good moral character; or
(4) On the streets going directly to or returning directly from any of the places mentioned above. (5) Engaged in lawful First Amendment activities.
(b) It is unlawful for any parent, guardian or other adult person having care, custody or control of a minor under the age of eighteen years to permit such minor to violate this section.

ARTICLE 3. CHARITABLE SOLICITING
Sec. 5-3.301. Charitable Solicitations: Permits Required. (a) No person shall solicit contributions for charitable purposes unless such solicitor exhibits a permit from the City.
(b) No person shall solicit in a City building or other public building within the City.

ARTICLE 4. VENDING ON PUBLIC PROPERTY
Sec. 5-3.401. Sales Locations Restricted.

No person shall sell goods on a public street, highway, road, alley or sidewalk within the City.

ARTICLE 5. TAXI FRANCHISES
Sec. 5-3.501. Franchise Required.

No person shall maintain or operate a taxi service without a franchise from the City.

Sec. 5-3.502. Application for Franchise.
(a) A person who desires to obtain a taxi franchise shall make application to the City Manager. The application shall contain the information required by the City Manager to determine whether the franchisee will comply with this Article including the following:
(1) Name, address and telephone number;
(2) Type of franchise;
(3) Proposed service area;
Created: 2022-05- 13 14:23:13 [EST]
(Supp. No. 10)

(4) Plan for providing service;
(5) Evidence the franchisee is capable of implementing the plan for services; (6) Applicant's agreement to comply with the terms of this Article. (b) The City Manager shall prepare a report and make a recommendation on the application.

Sec. 5-3.503. Hearing.
(a) The Council shall consider the report and recommendation of the City Manager at a duly noticed public hearing conducted within thirty {30) days after the date of the report. The hearing shall be preceded by ten (10) days' prior mailed notice to the applicant and by notice published at least once, at least ten (10) days before the hearing. The Council shall receive the testimony of interested persons at the hearing. The hearing may be continued from time to time.
(b) The Council shall render its decision on the application at the conclusion of the hearing. The Council's decision shall be set forth in an ordinance and shall be final when the ordinance is adopted and effective. (c) The franchise shall be accepted in writing after the first reading of the ordinance and before adoption of the ordinance.

Sec. 5-3.504. Transfer of Franchise.
(a) A franchise may not be transferred by operation of law. A franchise may be transferred with the approval of the Council upon showing the transferee would be eligible to obtain a franchise in the first instance. (b) A franchisee who desires to transfer a franchise shall make application to the City Manager. The application shall include the written agreement of the transferee to be bound by the terms and conditions of t he franchise. The City Manager shall prepare a report and recommendation on the application. The Council shall review the City Manager's report and recommendation.
(c) The Council shall set forth its decision on the application in a resolution. The Council's decision shall be final when the resolution is adopted and effective.

Sec. 5-3.505. Termination.
(a) A franchise is terminated when: it expires by its term; the franchisee voluntarily abandons the franchise; or the franchisee violates the terms and conditions of the franchise. (b) The City Manager shall provide the franchisee at least ten (10) days' prior written notice of intent to terminate the franchise. The notice shall state the reasons for terminating the franchise. (c) Except when the franchise has terminated by its terms, the franchisee may contest the City Manager's determination by filing a written appeal with the City Manager within ten (10) days of the date of the notice.

When the franchise has terminated by its terms, the franchisee may request renewal of the franchise by filing an application for a franchise. The City Manager shall file a report and recommendation with the Council concerning each proposed termination for which a request for hearing has been filed. If no request for hearing is filed, the City Manager's decision is final. (d) The Council shall consider the City Manager's report and recommendation at a duly noticed public hearing if written appeal has been filed with the City Manager. The hearing shall be preceded by at least ten (10) days' prior written notice to the franchisee and notice published once ten (10) days before the hearing. The Council shall render its decision at the conclusion of the hearing. The Council's decision shall be set forth in an ordinance and shall be final when the ordinance is adopted and effective.

Creat ed : 2022- 05-13 14:23:13 [EST]
(Supp. No. 10)

Sec. 5-3.506. Limitations.
(a) A taxi franchise is nonexclusive.
(b) No privilege or exemption shall be granted or conferred by any franchise except as specifically prescribed in this Article.
(c) A privilege claimed under a franchise by the franchisee in any street or public property shall be subordinate to any prior lawful occupancy of the streets or public property. (d) Time shall be of the essence of the franchise. The franchisee shall not be relieved of the obligation to comply promptly with this Article or by any failure of the City to enforce prompt compliance. (e) The franchisee shall have no recourse against the City for loss, cost, expense, or damage arising out of this Article or of franchise, or because of the enforcement of this Article. (f) The franchisee shall be subject to laws, rules, regulations, and specifications. (g) No person, firm or corporation in the existing service area of the franchisee shall be arbitrarily refused service. The franchisee shall not be required to provide service to a customer who does not pay the applicable fee or monthly service charge.
(h) The Council shall impose additional terms and conditions for the granting of a franchise necessary to implement this Article.

Sec. 5-3.507. Franchise Fees.
(a) Franchise fees shall be established from time-to-time by the Council by resolution and shall be calculated and paid as set forth herein.
(b) The franchisee shall file with the City, within thirty (30) days after the expiration of a calendar year, or portion, during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing in detail the gross annual receipts of the franchisee during the preceding calendar year, or portion thereof. The franchisee will pay to the City, within fifteen (15) days after the time for filing such statements, the sum set forth in this section, or unpaid balance, for the calendar year, or portion thereof, covered by such statements. (c) The City may inspect the franchisee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recalculation of any and all amounts paid. No acceptance of payment shall be construed as a release or as an accord and satisfaction of claims the City may have for further or additional sums.
(d) When holding over after the expiration or other termination of a franchise without the consent of the City, the franchisee shall pay to the City reasonable compensation and damages of not less than 100% of the franchisee's total gross profits during such period.

Sec. 5-3.508. Taxi Rates.
(a) No rate, fee or charge shall be levied or collected for taxi service except in compliance with this section. (b) The franchisee shall submit proposed rates for taxi service to the Finance Director. The Finance Director shall cause a notice to be published of the proposed rates. The rates are effective ten (10) days after publication. (c) The approved rates shall be posted within each taxicab at a location visible to passengers. (d) The franchisee shall not charge more than the approved rates, but may charge less.

Created: 2022-05- 13 14: 23 :14 [EST]
(Supp. No. 10)

Sec. 5-3.509. Taxicabs.
(a) Each vehicle used for taxi service by the franchisee shall be maintained at all times in a mechanically-safe and clean condition. Each vehicle shall include: an exterior display signifying that it is a franchised taxicab, and an instrument or device by which the charge for use of the vehicle is calculated and registered and upon which such charge is indicated by means of figures visible to the passengers. Each vehicle shall be insured against liability for personal injury in a minimum amount from time-to-time determined by the Police Chief. The franchisee shall cause the City to be named as an added insured on such policy. (b) Prior to commencement of service, the franchisee shall obtain a certificate from the Chief of Police that each vehicle to be used for taxi service has complied with this section. A certificate shall also be obtained each time the franchisee proposes to substitute or add a new vehicle to provide taxi service. (c) The Chief of Police shall prepare forms to be used by the franchisee to apply for the certificate. The application form shall provide such information as the Chief of Police deems necessary to determine the vehicle satisfies the requirements of this Article.
(d) If, after review of the application and inspection of the vehicle, the Chief finds the application and vehicle comply with the requirements of this Article, the Chief shall forward a recommendation to the Council for action.
(e) Each vehicle shall be inspected at least annually, after any accident, and may be inspected more frequently as necessary to assure compliance with this Article.

Sec. 5-3.510. Taxicab Drivers.
(a) The franchisee shall not engage any person to operate or drive a vehicle to be used for taxi service unless the driver is duly licensed and qualified to carry passengers. A driver who has been convicted of a crime involving moral turpitude, including, but not limited to, using, possessing, selling or transporting any controlled substance or dangerous drug, or who has been convicted of driving under the influence of alcohol or drugs within three (3) years of the application, or who has been convicted of reckless driving within two (2) years of the application, shall be presumed not qualified to operate a taxi within the City. (b) Prior to commencement of service, each driver engaged by the franchisee to drive a vehicle to be used for taxi service shall obtain a certificate from the Chief of Police the driver has complied with this section. The certificate shall also be obtained each time the franchisee proposes to substitute or add a new driver to provide taxi service.
{c) The Chief shall prepare forms to be used to apply for a driver's certificate. The application form shall provide such information as the Chief deems necessary to determine the driver satisfies the requirements of this Article.
{d) If, after review of the application and the applicant's driver's record, the Chief determines the application and the driver comply with the requirements of this Article, the Chief shall issue a certificate to the driver. {e) Each driver's certificate shall be reviewed at least annually, after any accident, and more frequently as necessary to assure compliance with this Article.

Sec. 5-3.511. Operations.
(a) Every vehicle used for taxi service shall display the following in a place visible from the passenger's compartment: a notice showing the name of the franchisee; the certificate issued by the Chief of Police under this Article for the vehicle and for the driver; and the rate schedule approved by the Council.

Created : 2022-05-13 14: 23 :14 [ EST)
(Supp. No. 10)

(b) The driver shall take the most direct route possible that will carry the passenger safely and expeditiously to their destination unless specifically directed otherwise by the passengers. ( c) When a vehicle is engaged, the passengers have the exclusive right to full and free use of the passenger compartment and no additional passengers shall be solicited or carried therein, without the consent of the existing passengers.
(d) Any passenger who refuses to pay the fare upon arrival at the passenger's destination, shall be guilty of an infraction.

Sec. 5-3.512. Taxi Stands.

The franchisee shall secure an encroachment permit from the Director of Public Works before establishing any fixed points of departure within the City. As used herein, a fixed point of departure for taxi service is also known as a "taxi stand." The City Manager may issue an encroachment permit as to any state highway within the City provided that this Code is first approved in writing by the California Department of Transportation.

CHAPTER 4. PUBLIC AND PRIVATE PROPERTY2
ARTICLE 1. SPECIAL EVENTS
Sec. 5-4.101. Purpose.

This chapter regulates the establishment, operation and cleanup of special events.

Sec. 5-4.102. Permits Required.
(a) No person or entity shall operate, maintain, conduct, advertise or provide admission for a special event without a permit issued by the City Manager. As used herein, a "special event" means a carnival, community celebration, off-road vehicle race, outdoor festival, music event, sporting event, fair, animal race, religious festival, revival meeting, block parties, and similar public gatherings with expected attendance of at least three hundred (300) persons.
(b) A special event conducted without the required permit(s) is subject to closure at any time during the event.

The promoter, business owner or landowner may be subject to cost recovery by the agencies participating in the closure.
(c) When special events have received a land use approval by a federal or state agency, including, but not limited to, the Bureau of Land Management and the U. S. Forest Service and such is properly certified to the City Manager, the City Manager may, limit or waive the provisions of this Article adequately controlled by such federal or state agency.

Sec. 5-4.103. Application.
(a) At least thirty (30) days prior to the scheduled special event, the applicant shall apply for a permit under this Article and shall supply such information as the City Manager may reasonably require about the location, intensity and level of services required.
2Editor's note(s)-Ord. No. 03-605, adopted on Feb. 4, 2003, added Ch. 4 Created: 2022-05-13 14 : 23 :14 (EST]
(Supp. No. 10)

(b) The application shall be accompanied by an application fee in an amount established by the Council by resolution.

Sec. 5-4.104. Application Review.
(a) The City Manager shall review the application and consult with the Police Chief and Fire Chief. (b) The City Manager shall take into consideration relevant information, including, but not limited to, the following:
(1) The event site(s) and provisions for adequate ingress/egress and adequate parking; (2) The impact on adjacent properties;
(3) An applicant's request to play or broadcast music, especially between the hours of 10:00 p.m. and 7:00 a.m., in view of the proximity to the nearest residence, business or other occupied land use, the topography of the site and surrounding area, and the time limits such music is proposed to be played; (4) Topographical and ecological considerations;
(5) Electrical illumination requirements;
(6) Inclement weather contingencies;
(7) Water facilities;
(8) Food concessions;
(9) Sanitation facilities;
(10) Medical/first aid facilities;
(11) Overnight camping problems;
{12) Bonding and insurance requirements;
(13) Fire protection, including location of fire hydrants and supplemental water sources; (14) Communication, including temporary or additional telephones and an adequate public address system; (15) Adequate office space(s) and communication equipment for all regulatory personnel on site by the permit holder;
(16) Cleanup trash disposal;
(17) Restoration of landscape;
{18) Final accounting procedures, billings and/or reimbursement; and (19) The recommendation of City Police Department.
(c) The Chief of Police shall provide a written recommendation to the City Manager within ten (10) days of receipt of the application. The Police Chief shall take into consideration relevant information including, but not limited to the following:
(1) The applicant's previous relevant experience and background; (2) Provisions for special access way(s) for emergency vehicles; (3) Police protection;
(4) Crowd control measures;
(5) Control of alcoholic beverages and dangerous substances; Creat ed : 2022-05-13 14:23 :14 (EST]
(Supp. No. 10)

(6) Emergency evacuation procedures; and
(7) News releases.

The Chief of Police may recommend denial of the application if:
(1) Information contained in the application, or supplemental information requested from the applicant is found to be false in any material detail; or
(2) Another special event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the City Police Department is unable to meet the needs for law enforcement services for both events; or (3) The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or
(4) The concentration of persons, animals and vehicles at the site of the event or the assembly and disbanding areas around an event will prevent proper law enforcement, fire, paramedic or ambulance services to areas contiguous to the event; or
(5) The size of the event will require diversion of so great a number of City police personnel to ensure participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes a recommendation to deny a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of law enforcement officers available to police the event; or (6) The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; or
(7) The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof.

When the grounds for recommending denial of an application for permit specified in subsections {2) through (7) above can be corrected by altering the date, time, duration, route or location of the event, the Chief of Police shall conditionally recommend approval of the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as necessary to achieve compliance with subsections (2) through (7) above.

Sec. S-4.105. Appeals.

The decision made of the City Manager may be appealed to the City Council in accordance with Title 1, Chapter 4.
(Ord. No. 07-656, 12-4-2007)
Sec. 5-4.106. Permits: Conditions.

Every permit issued pursuant to this Article shall include at least t he following conditions:
(a) Permit is not transferable;
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(b) The permit shall be conspicuously posted upon the premises of the special event in a manner prescribed by the City Manager;
(c) If the Chief of Police determines the event will endanger the public peace, welfare, health or safety unless the applicant obtains extra police protection, extra police protection shall be a condition for the issuance of a permit and shall be at applicant's expense; (d) The permit shall expire on a date certain.
(el Liability insurance naming the City, its officers, employees, agents, employees and volunteers as additional named insureds in amounts sufficient to protect, defend and indemnify the City, its officers, employees, agents, servants and volunteers from losses, claims, liability, injury and damage arising out of, or connected to, the special event.
(f) A permit fee shall be paid in an amount established by the Council. A bond, posted prior to the event, to ensure conditions are met, including cleanup and restoration of landscape.

Sec. 5-4.107. Permit: Grounds for Suspension or Revocation. (a) The City Manager may suspend a permit issued pursuant to this Article based upon reasonable causes, which may include the following:
(1) Nonpayment of permit fees;
(2) Violation of permit conditions;
(3) Violation of law;
(4) Disorderly conduct or use of dangerous substances occasioned by the operation of the special event; or (5) Information contained in the application, or supplemental information requested from the applicant is found to be false in any material detail.
(6) Transferring permit to any other person, organization, place, date and time. (b) The Police Chief may summarily suspend a special event permit if the operation of the event constitutes an immediate public health or safety hazard. At the time of suspension, the Chief of Police shall issue a written notice to the permit holder (with a copy to the City Manager) stating the grounds for the suspension and notifying the permit holder of the right to a hearing on the suspension. The City Manager shall render a decision at the conclusion of the hearing. The City Manager may continue the suspension in effect until the grounds for suspension no longer exist.
(c) The City Manager shall commence revocation proceedings by mailing a notice not less than ten (10) days prior to the date set for hearing, informing the permit holder of the causes for revocation, and the time and place at which the revocation matter will be heard. If the revocation notice is given on or within twenty-five (25) days of the start date of the event, the City Manager shall take reasonable steps to expedite the hearing process. The City Manager shall render a decision at the conclusion of the hearing. If an urgent situation exists relative to the public health, safety or welfare for a specific event, the revocation may be effective immediately.

ARTICLE 2. PARTIES AND UNRULY GATHERINGS
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Sec. 5-4.201. Purpose.

Parties or gatherings at private residences within the City may, on occasion, disturb the public peace, safety and welfare and require law enforcement services over and above those normally provided. The City shall require those persons utilizing or requiring law enforcement services beyond those provided to the public-at-large to defray the City's expense for providing the service.

Sec. 5-4.202. No Admission Charge.

No person shall charge admission to a party in any residential zone. As used herein, "charge admission" means the demand and receipt of a tangible benefit, monetary or otherwise, which is a motivating influence for admission to a party. Non-commercial activity, such as gifts by guests, sharing of expenses for food and beverages, or reciprocal hospitality shall not be considered to be an admission charge. "Charge admission" does not include a donation for religious, charitable, civic, or political purposes. As used herein, "party" means five (5) or more persons meeting together for social, recreational or amusement purposes.

Sec. 5-4.203. Cost Reimbursement for Police Services.
(a) The person or persons responsible for an unruly party or gathering or on whose property the unruly party or gathering is held, or if such person is a minor, then the parents or legal guardians of the minor, shall be jointly and severally liable for the following costs attributable to the event. (b) The actual cost of law enforcement services beyond the initial response by the officer necessary to abate the conditions. The Police Department shall accurately compute the cost of providing such services and advise the City Manager of such costs, as well as any other costs of damage to public property or injuries to personnel resulting from the law enforcement response. The person responsible for the event shall be billed for these costs by the City Manager upon notice of the charges from the City Police Department and payment shall be due and payable within fifteen (15) days of the billing date. Should the amount due not be paid, the City may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of law.

CHAPTER 5. DA YT/ME CURFEW3
Sec. 5-5.101. Daytime Curfew.
(a) No juvenile subject to compulsory education or compulsory continuation education shall be in or upon a public street, alley, park, playground, public ground, public place, public building, place of amusement, any establishment or vacant lot during the hours of 8:30 a.m. to 1:30 p.m. on days when the juvenile's school is in session.
(b) This provision shall not apply to a juvenile who is:
(1) Accompanied by a parent or guardian;
(2) On an emergency errand directed by a parent or guardian; (3) Going or coming directly to or from a place of gainful employment or to or from a medical employment;
3Editor's note(s)-Ord. No. 10-693, adopted on Dec. 21, 2010, added Ch. 5.

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(4) Who has permission to leave the school campus for lunch or other school related activity and has in possession a valid proof of permission is such proof of permission is required; (5) If exempted from compulsory education or compulsory continuation education from private or public school;
(6) Authorized to be absent from school pursuant to Education Code Sections 48205, 48222, or 48224, or other applicable state or federal law authorizing private schooling or private schooling at home; (7) Exercising First Amendment rights protected by the United States Constitution; or (8) Emancipated pursuant to law.

Sec. 5-5.102. Parental responsibility.

The parent or guardian of a juvenile shall not knowingly permit or exercise sufficient control to prevent the juvenile from violating this Article.

Sec. 5-5.103. Enforcement.
(a) A peace officer may issue a citation to the juvenile, parent or guardian found to be in violation of this Article and may detain a juvenile until the juvenile can be replaced the care and custody of a parent or guardian. (b) Violation of this Article is punishable as a misdemeanor or by requiring the juvenile, parent or guardian to perform city or school approved work projects or community service not to exceed twenty (20) hours over a period of sixty (60) days in times other than the juvenile's hours of school attendance or the parent's or juvenile's hours of employment.
(c) The police department may file the first violation of this Article as an infraction. (d) Welfare and Institutions Code section 625.5 applies to this Article. A fee for the actual cost of administration and transportation services shall be paid by the juvenile, parent or guardian.

CHAPTER 6. REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY. 4 ARTICLE 1. GENERAL PROVISIONS
Sec. 5-6.101. Purpose and Intent.

Cannabis Businesses and Cannabis Dispensaries shall be permitted, in accordance with the criteria and procedures set forth in this code, upon application and approval of a regulatory permit pertaining to the operation of the facility. It is the purpose and intent of this Chapter to provide opportunities for cannabis businesses to operate in the City, while imposing regulations on the use of land to protect the City's neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this Chapter to regulate the cultivation, 4Editor's note(s)-Ord. No. 18-766 , § 2, adopted August 28, 2018, repealed the former Ch. 6, §§ 5-6.101-5-6.104, 5-6.201, 5-6.301, 5-6.302, 5-6.401, 5-6.402, 5-6.501-5-6.505, 5-6.601-5-6.603, 5-6.701-5-6.704, 5-

6.801-5-6.805, 5-6.901-5-6.907, 5-6.1001, 5-6.1101, 5-6.1201, 5-6.1301, 5-6.1302, 5-6.1401-5-6.1406, 5-

6.1501-5-6.1504, and enacted a new Ch. 6 as set out herein. The former Ch. 6 pertained to similar subject matter and derived from Ord. No. 16-742, § 3, 9-13-2016; Ord. No. 16-743, § 1, 11-8-2016; Ord. No. 17-745, §§ 1-5, 3-28-2017; Ord. No. 17-757, §§ 1-4, 7, 11-28-2017 .

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manufacturing, processing, testing, transporting, delivery, dispensing, and distribution of cannabis and cannabisrelated products in a manner which is responsible, which protects the health, safety, and welfare of the residents of California City, and to enforce rules and regulations consistent with state law. In part to meet these objectives, an annual permit shall be required in order to own and/or to operate a cannabis business within California City.

Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county or other law.
( Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.102. Legal Authority; Application of this Chapter to Cannabis Dispensaries. (a) Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("MAUCRSA") (and as the same may be amended from time to time), the City of California City is authorized to adopt ordinances that establish standards, requirements and regulations for local licenses and permits for cannabis and cannabis-related activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of California City to cannabis, and/or cannabis-related activity. (b) All provisions of this Chapter shall apply to both Cannabis Businesses and Cannabis Dispensaries, except for the provisions specifically addressing Cannabis Dispensaries set forth in this Chapter, in which case the specific provisions related to Cannabis Dispensaries will control. ( Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.103. Cannabis Cultivation and Cannabis Business Activities Prohibited Unless Specifically Authorized by This Chapter.

Except as specifically authorized in this Chapter, the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing, distribution, delivery, or sale of cannabis or a cannabis product is expressly prohibited in the City of California City. (Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.104. Compliance with Laws.

It is the responsibility of the owners and operators of the cannabis business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder, and any specific additional operating procedures or requirements which may be imposed as conditions of approval of the cannabis business permit. Nothing in this Chapter shall be construed as authorizing any actions which violate federal, state law or local law with respect to the operation of a cannabis business. (Ord. No. 18-766, § 2, 8-28-2018)
ARTICLE 2. DEFINITIONS
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Sec. 5-6.201. Words and Terms Defined.

When used in this Chapter, the following words shall have the meanings ascribed to them as set forth herein.

Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. (a) "Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. (b) "Cannabis business activity" includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of cannabis or a cannabis product, within the meaning of California Business and Professions Code 19300 et seq.
(c) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code. (d) "Cannabis Business" means the businesses of commercial cannabis cultivation, cannabis manufacturer, cannabis testing laboratory, and cannabis distributor.
(e) "Cannabis business permit" means a regulatory permit issued by the City of California City pursuant to this Chapter to a cannabis business and is required before any cannabis activity may be conducted in the City. The initial permit and annual renewal of a cannabis business permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the cannabis activity at issue, compliance with any conditions of approval placed on the use of the Cannabis Business site, and payment of all fees, taxes and any other amounts owed to the City related to the Cannabis Business Activity. (f) "Cannabis Dispensary Permit" means a regulatory permit issued by the City of California City pursuant to this Chapter to a cannabis dispensary and is required before any cannabis dispensing activity may be conducted in the City. The initial permit and annual renewal of a cannabis dispensary permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the cannabis activity at issue, compliance with any conditions of approval placed on the use of the Cannabis Dispensary site, and payment of all fees, taxes and any other amounts owed to the City related to the Cannabis dispensary activity. All provisions of this Chapter shall apply to both Cannabis Businesses permits and Cannabis Dispensary permits, except provisions for Cannabis Dispensary permits specifically set forth in this Chapter, in which case the specific provisions related to Cannabis Dispensary permits will control. (g) "Cannabis Distributor" means a Cannabis Operator permitted pursuant to this Chapter to operate a location or a facility where a Person conducts the business of procuring Cannabis from permitted Cannabis Cultivation Sites or Cannabis Manufacturers for sale to permitted Cannabis Dispensaries, and Created: 2022-05 -13 14 :23:14 [EST)
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the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes prior to transport to permitted Cannabis Dispensaries. (h) "Cannabis License" means a State license issued pursuant to MAUCRSA, as may be amended from time to time.
(i) "Cannabis Licensee" means a person issued a Cannabis License under MAUCRSA to engage in commercial Cannabis activity.
(j) "Cannabis Nursery" means a location operating as a nursery solely for purposes of supplying immature plants to cannabis cultivation facilities.
(k) "Cannabis Operator" or "Operator" means the person or entity that is engaged in the conduct of any commercial Cannabis use.
(I) "Cannabis Testing Laboratory" means a facility, entity, or site in the State that offers or performs tests of Cannabis or Cannabis Products and is both of the following:

1. Accredited by an accrediting body that is independent from all other Persons involved in the Cannabis Testing Laboratory.

2. Registered with the California Department of Public Health. (ml "Ceases" means to no longer operate a cannabis business. A business will be considered to cease operating if it does not engage in sales, manufacturing, distribution, or other cannabis activity for five consecutive days, unless the operator can furnish proof that the business will return to activity within a reasonable period of time.
fm-.!.n) "City" or "City of California City" means the City of California City, a California general law city. (AQ) "Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including cannabis.
(e.P.) "Cultivation site" means a facility where cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, and where the operator holds a valid cannabis business permit for cultivation from the City of California City and, a valid state license for cultivation pursuant to the MAUCRSA (as the same may be amended from time to time).
(~) "Delivery" means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any purpose. "Delivery" also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MAUCRSA (as the same may be amended from time-totime), that enables anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.
(et.!:) "Dispensary" means a cannabis business facility where cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, medical cannabis and medical cannabis products as part of a retail sale, and where the operator holds a valid cannabis business permit from the City of California City authorizing the operation of a dispensary, and a valid state license as required by state law to operate a dispensary.
(f'~) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.

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(s1) "Distribution" means the procurement, sale, and transport of medical cannabis or cannabis products between cannabis businesses.
(t!:!_) "Distributor" means a person holding a valid cannabis business permit for distribution issued by the City of California City, and a valid state license for distribution, pursuant to the MAUCRSA (as the same may be amended from time to time).
(~~) "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(¥~) "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible medical cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.
(x) "Financial Interest" means an agreement to receive a portion of the profits of a commercial Cannabis Business, an investment into a Cannabis Business, a loan provided to a Cannabis Business, or any other equity interest in a Cannabis Business except as provided below. For the purpose of this subsection, an agreement to receive a portion of the profits includes. but is not limited to, the following individuals:
(1) An employee who has entered into a profit share plan with the Cannabis Business. (2) A landlord who has entered into a lease agreement with the Cannabis Business for a share of the profits.
(3) A consultant who is providing services to the Cannabis Business for a share of the profits. (4) A person acting as an agent, such as an accountant or attorney, for the Cannabis Business for a share of the profits.
(5) A broker who is engaging in activities for the Cannabis Business for a share of the profits. (6) A salesperson who earns a commission.

When an entity has a Financial Interest in a Cannabis Business, then all individuals who are Owners of that entity shall be considered Financial Interest holders of the Cannabis Business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust, and managing members or non-member managers of the entity. Each entity disclosed as having a Financial Interest must disclose the identities of persons holding Financial Interests until only individuals remain.

Notwithstanding the above, the following persons are not considered as having a "Financial Interest" for purposes of this Chapter.
(1) A bank or financial institution whose interest constitutes a loan; (2) Persons whose only financial interest in the Cannabis Business is through an interest in a diversified mutual fund, blind trust. or similar instrument; (3) Persons whose only financial interest is a security interest, lien, or encumbrance on property that will be used by the Cannabis Business; and
(4) Persons who hold a share of stock that is less than 5 percent of the total shares in a publicly traded company.
fw.(y) "Indoor structure" means a fully enclosed and secured structure, a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, Created: 2022-05-13 14: 23 :14 ( EST]
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complies with all odor control and other design standards required by this chapter, and which is accessible only through one or more lockable doors and is inaccessible to minors. (*fl "Indoors" means within a fully enclosed and secure structure. The term indoors includes any indoor structures.
(yaa) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (rbb) "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as defined in this section, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, where the operator holds a valid cannabis business permit for manufacturing from the City of California City and a valid state license for manufacturing pursuant to the MAUCRSA (as the same may be amended from time to time).
(a-ace) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application.
(bbdd) "Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid Cannabis business permit for manufacturing from the City of California City, and a valid state license for manufacturing pursuant to the MAUCRSA (as the same may be amended from time to time).
(Eeee) "Marijuana" means "cannabis," as that term is defined in this Chapter. (ff) "Operator" means any and all persons who are responsible for and/or involved in the operation and/or day to day management of the Cannabis Business, including, but not limited to, employees, volunteers, managers. supervisors, contractors, subcontractors, agents. etc. "Outdoors" means any location within the City that is not within a fully enclosed and secure structure.
(eehh) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. (ii) "Owner" means any of the following: (1) A person with an aggregate ownership interest of 20 percent or more of the cannabis business, unless the interest is solely a security, lien, or encumbrance; (2) The chief executive officer of a nonprofit or other entity; (3) A member of the board of directors of a nonprofit; (4) The trustee(s) and all persons who have control of the trust and/or the cannabis business that is held in trust; (5) An individual entitled to a share of at least 20 percent of the profits of the cannabis business; and (6) An individual who will be participating in the direction, control. or management of the cannabis business. including (A) A general partner of a cannabis business that is organized as a partnership; (Bl A non-member manager or managing member of a cannabis business that is organized as a limited liability company; (C) An officer or director of a cannabis business that is organized as a corporation.
f#lli) "State license" means a permit or license issued by the State of California, or one of its departments or divisions, pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("MAUCRSA") (as the same may be amended from time to time) to engage in cannabis activity.

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(ggkk) "Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. (hl¼!!) "Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting cannabis activity authorized by the MAUCRSA (as the same may be amended from time to time). (i+mm) "Transporter" means a person issued a state license, and a cannabis business permit by the City of California City, authorizing the transport of cannabis or cannabis products in amounts authorized by the State of California, or by one of its departments or divisions under the MCRSA. ( Ord. No. 18-766, § 2, 8-28-2018)
ARTICLE 3. CANNABIS BUSINESS PERMITS REQUIRED FOR OWNER/OPERATOR;

CANNABIS WORK PERMIT REQUIRED FOR EMPLOYEES
Sec. 5-6.301. Cannabis business Permit Required to Engage in Cannabis business.

No person may engage in any cannabis business or operate a cannabis dispensary within the City of California City including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person (1) has a valid cannabis business permit or cannabis dispensary permit from the City of California City and (2) is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses. ( Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.302. Cannabis Business Employee Permit Required. (a) Any person who is an employee or who otherwise works or volunteers within a cannabis business must be legally authorized to do so under applicable state law. (bl Prior to commencing any work within a cannabis business, any individual who will work within a licensed premises or have access to cannabis or cannabis products must submit to a background check that demonstrates they are of good moral character. The background check must include fingerprinting for criminal history conducted by the California City police department or any other entity determined to be satisfactory by the California City police department. Only the City may issue a name badge to each employee that the City deems may access the cannabis business. Each name badge expires after two years unless renewed. A decision to deny or not renew a worker's name badge may be appealed in accordance with Article 6. A cannabis industry worker identification card may be revoked or suspended by the city at any time, in accordance with the procedures in Section 5-6.503 of this code, if it is determined that the employee is no longer of good moral character. A cannabis business cannot employ or utilize the services of any individual who is required to have a name badge and does not have one, regardless of whether the individual is an employee, independent contractor, or volunteer. The city may charge a fee to recover its reasonable costs of processing and issuing cannabis industry name badges and conducting background checks in an amount established by resolution of the city counci l.
(cl The City may authorize a person to begin working provisionally for a cannabis business while it process their application for a name badge.

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(d) An employee who has been issued a name badge by the City is authorized to work for state and city licensed cannabis business in the City during the validity of their name badge. fat.Lg Any person who is an employee or who otherwise works or volunteers within a cannabis business Sf!al.1-must wear a name badge issued by the eannabis b~siness management City for identification purposes at all times while on the premises of a cannabis business.
(Ord. No. 18-766, § 2, 8-28-2018)
ARTICLE 4. NUMBER AND TYPE OF AUTHORIZED CANNABIS DISPENSARIES

PERMITTED
Sec. 5-6.401. Maximum Number of Cannabis Dispensaries Permitted to Operate within the City.
(a) The maximum number of each type of cannabis dispensary that shall be permitted to operate in the City at any one (1) given time will be a maximum of two (2) retail storefront operations and ten (10) delivery only dispensaries with no retail storefront. Retail storefront dispensaries are also authorized, with the required state license, to make off-site deliveries.
(b) Section 5-6.401 is only intended to create a maximum number of cannabis dispensaries that may be issued permits to operate in the City under each category. Nothing in this Chapter creates a mandate that the City Council must issue any or all of the cannabis business dispensary permits potentially available. ( Ord. No. 18-766, § 2, 8-28-2018; Ord. No. 19-771, § 2, 1-8-2019) ARTICLE 5. APPLICATION FOR CANNABIS BUSINESS PERMIT: RENEWAL APPLICATIONS; AND EFFECT OF REVOCATION OR SUSPENSION OF STATE LICENSE Sec. 5-6.501. Initial Application Procedure.
(a) Owners and Operators are required to verify the age and the necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years. The City Council shall adopt by resolution the procedures which will govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any cannabis business permit(s). The City Manager will prepare the necessary forms, adopt any necessary rules, regulations and processes, solicit applications, and conduct evaluations of the applicants. The application must include the following information:
(1) The name, address, and telephone number of the cannabis business permit applicants and licensees must use their legal business name on all documents related to commercial cannabis business. (2) The name, address and telephone number of the owner(s) and operator(s) applying for the cannabis business permit, along with a copy of an official, valid and unexpired government issued photo ID:
(3) The name, address and telephone number and a copy of an official, valid and unexpired government issued photo ID for all individuals who have a financial interest in a cannabis businesses, but are not owners/operators, as defined. These individuals shall not be required to submit the other information required of owners/operators under the Chapter.

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(4) The name and address of the owner(s) of the real property upon, in, or from which the cannabis business is to be operated. In the event the owner(s) are not the legal owner(sl of the real property. the application shall be accompanied by a copy of a written and signed lease between the owner(s) and the property owner authorizing use of the premises as a cannabis business, or, if no written lease exists, a written, notarized acknowledgement from the property owner(s) that he/she/they have been advised and agree that a cannabis business will be operated upon, in, or from the property; (5) Certification that the applicant and any of the officers, directors, owners or operators of the cannabis business do not have:
a. A conviction for homicide.
b. A conviction for racketeering, including but not limited to, a conviction under the Racketeer Influenced and Corrupt Organizations Act the Organized Crime Control Act of 1970, or any other state or federal law prohibiting organized crime.
c. A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance.
d. A violent felony conviction, as specified in subdivision (cl of Section 667.5 of the Penal Code. e. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code. f. A felony conviction involving fraud, deceit or embezzlement. g. Within the preceding two (2) years, any felony conviction for burglary, including first- and/or second-degree burglary.
h. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell. furnishing, offering to furnish, administering, or giving any controlled substance to a minor. i. A felony conviction for drug trafficking with enhancements pursuant to H&S Code Sections 11370.4 or 11379.8.
j. Any conviction involving a gang enhancement pursuant to Penal Code Section 186.22. k. Within the preceding five (5) years, any violation of the Compassionate Use Act the Medical Marijuana Program Act, the MAUCRSA. or any other State law or Constitutional provisions regulating Cannabis, as may be amended from time to time; I. Within the preceding ten (10) years, any violations of subdivision (cl or (d) of H&S Code Section 11357, or Section 11361, or any other provision involving sale to minors, and/or Articles 1, 3, 51 6 or 7 of Chapter 6 of Division 10 of the H&S Code;
m. Within the preceding five (5) years, any conviction for possession, sale, use, distribution, and/or manufacturing of any Schedule I or Schedule II controlled substance as defined or described in the federal Controlled Substances Act;
n. Within the preceding three (3) years, any administrative orders or civil judgments for violations of labor standards.
(b) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the City in the application process. An application shall not be deemed complete, and will not be processed, until the designated application fees have been paid. Once submitted, all fees shall be non-refundable.

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(Supp. No. 10)

(c) After the initial review the City Manager will issue permits for all cannabis businesses except for dispensaries.

For cannabis dispensary permits, the City Manager will make a recommendation to the City Council, and the City Council shall make a final determination in accordance with Article 7. ( d) The City's Reservation of Rights: The City reserves the right to reject any or all applications. The City may also modify, postpone, or cancel any request for applications, or the entire program under this Chapter, at any time without liability, obligation, or commitment to any party, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other appropriate reasons for rejection, including but not limited to a failure to comply with any requirement of any State or local law, rule or regulation, an application RISKS BEING REJECTED for any of the following reasons:
(1) Proposal not containing the required elements, exhibits, nor organized in the required format. (2) Proposal considered not fully responsive to this request for permit application. (Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.502. Expiration of Cannabis Business Permits.

Each cannabis business permit issued pursuant to this Chapter 5hall eKpire expires twelve (12) months after the date of its issuance, regardless of the operational status of the business. Cannabis Business permits ~must be renewed as provided in Section 5-6.504.
(Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.503. Suspension and Revocation of Permits.

Cannabis Business permits may be revoked or suspended for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this Chapter. (i) Nothing in this section affects the authority of the Tax Administrator to revoke or refuse to renew a cannabis business's business license pursuant to Section 3-2.3.2-1 and as authorized by Section 3-

2.8.200.
(ii) The City Manager has the authority to suspend a cannabis business permit for any violation of any law and/or any rule, regulation and/or standard adopted pursuant t o this Chapter that the City Manager determines that violation is substantial
(iii) The City Manager has the authority to revoke a cannabis business permit for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this Chapter that the City Manager determines that the violation is significant.
(iv) In the event the City revokes a cannabis business license while cannabis goods remain on the premises, the former licensee must comply with Section 5-6.ll0l(b). (v) Factors for suspension or revocation. The City Manager may consider, but is not limited to, the following factors in deciding whether a permit should be suspended or revoked in accordance with this Chapter, as applicable:
(1) The nature and severity of the acts, offense, or crimes under consideration; (2) Any corrective action taken by the permittee;
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(3) Prior violations at the permitted premises by the permittee and the effectiveness of prior corrective action;
(4) Previous sanctions imposed against the permittee;
(5) The number and/or variety of current violations;
(6) The likelihood of recurrence;
(7) All circumstances surrounding the violation;
(8) Whether the violation was willful;
(9) Any actual or potential harm to the public;
(10) The length of time the permit has been held by the permittee:
(11) Evidence of expungement proceedings under California Penal Code§ 1203.4; and (12) Any other factor that makes the situation unique or the violation of greater concern, with respect to the permittee or the permitted premises.
(vi) The City Manager also has the authority to suspend or revoke a cannabis business permit upon the following grounds:
(A) Where the City Manager has found and determined that the preservation of the public health, safety, peace and welfare necessitate suspension or revocation of said permit; (B) Where the permittee, the commercial cannabis business and/or any owner, operator or any employee thereof has violated or is in violation of any applicable provisions of this Chapter. other applicable provisions of this code and/or any other applicable provision of state law:
(C) Where a permit has been granted on false or fraudulent evidence, testimony. or application; or (D) Where the permittee. commercial cannabis business and/or any owner, manager or employee thereof has violated or is in violation of the terms and provisions of said permit. (vii) Hearing prior to suspension or revocation. No permit will be suspended or revoked, unless based on the suspension and/or revocation of a state license, until said permittee has had an opportunity for a hearing before the City Manager or their designee.
(viii) Written notice of the revocation or suspension. the reasons therefore and the requirement to request a hearing must be given by certified mail to a permittee's last known mailing address or by such other method reasonably calculated to provide notice.
(ix) The revocation or suspension are final and effective after ten calendar days following the date of mailing set forth in section, unless the permittee files an application for a hearing with the City Clerk prior to such effective date. There are no cost to the permittee for such a hearing under this section. (x) Except as otherwise provided in this section. the hearing will be commenced within 30 calendar days of the filing of an application for hearing. unless the City and permittee agree otherwise. Hearings conducted pursuant to this section must be open to the public. must not be conducted according to the technical or traditional rules relating to evidence, and must provide. personally or by counsel or both. an opportunity for permittee to defend and present evidence on their behalf. At least ten calendar days prior to the hearing. permittee must be provided with any documentation upon which the revocation or suspension is based. Following the close of the hearing. the City Manager or their designee must within 30 days render a written decision. (xi) Notwithstanding the foregoing, the City Manager may suspend, pending a hearing, any cannabis business permit where it has been determined by thereby that an immediate suspension of the permit Created: 2022-05-13 14; 23 :14 [EST)
(Supp. No. 10)

is necessary for the protection of the public health, safety, peace and welfare. In the event of such a suspension, the City Manager must. within 12 hours after said suspension, cause to be served upon said business or permittee a written statement containing the grounds for said suspension, any written documentation upon which the revocation is based and a notice of hearing to show cause before the City Manager or their designee why said permit should not be permanently revoked, which said hearing must be commenced no later than five calendar days following the service of said notice unless the parties thereto agree otherwise, and thereafter followed by a written decision pursuant to this section.
(xii) Following the hearing, or a waiver thereof by permittee, the City Manager or their designee may also modify and/or add conditions and/or requirements of the cannabis business permit in lieu of suspension or revocation.
(xiii) A suspension or revocation of a cannabis business permit may be appealed in accordance with Article £:.
(Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.504. Renewal Applications.
(a) An application for renewal of a cannabis business permit SAatl-must be filed at least sixty (60) calendar days prior to the expiration date of the current permit, regardless of the operational status of the business. (b) The applicant ~must pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter. Once submitted to the City all fees shall ee ;ire non-refundable. (c) An application for renewal of a cannabis business permit SAatl-will be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration, unless good cause is shown for failure to timely apply as approved in the sole discretion of the City Manager. (2) The cannabis business permit is suspended or revoked at the time of the application. (3) The cannabis business has not been in regular and continuous operation in the four (4) months prior to the renewal application.
(4) The cannabis business has failed to conform to the requirements of this Chapter, or of any regulations adopted pursuant to this Chapter.
(5) The permittee fails or is unable to renew its State of California license. (6) If the City or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this Chapter, of the City's Municipal Code, or of the state rules and regulations, or of any term or condition of the permit, and the City or state has determined that the violation is grounds for termination or revocation of the cannabis business permit. (d) The City Manager or his designee is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager or his designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with newly adopted, repealed, or amended state or local laws and regulations, preserve the public health, safety or welfare.

Appeals from the decision of the City Manager or his designee ~must be handled pursuant to Article 6 of this Chapter.
(el If a renewal application is rejected, a 19erseR an applicant may file a new application pursuant to this Chapter no sooner than one (1) year from the date of the rejection.

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(Supp. No. 10)

(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.505. Effect of State or City License Suspension, Revocation, or Termination.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a cannabis business to operate within the City of California City.

Sec. 5-6.506. Prohibition on Transfer of Cannabis Business Permits. (a) No person shall operate a cannabis business at any location other than the location specifically authorized and identified on the City issued cannabis business permit. A permittee may request that the specifically authorized location identified on the City issued cannabis business permit be changed to another specifically authorized location t hat meets all zoning requirements, including but not limited to distances, for identified uses without the need to reapply for a new permit. The City Manager is authorized to make the final decision concerning the issuance of a change in location and reissue of the cannabis business permit for the new location.
(b) Cannabis business permits issued through the grant of a transfer shall be valid for a period of one (1) year beginning on the day the City Manager approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit in the manner required by this chapter. (c) Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 75% of the original ownership), must be approved by the City Council and executed by the City Manager through the transfer process set forth in this section. Failure to comply with this provision is grounds for permit revocation. (d) A permittee may change the form of business entity without applying to the City Manager for a transfer of permit, provided that either:

1. The membership of the new business entity is substantially similar to original permit holder business entity (at least 75% of the membership is identical), or

2. If the original permittee is a cooperative or collective and then transitions to a new business entity to comply with Section 5-6.301, subdivision (b), provided that the original operator(s) of the original permittee business are the same, and the only change is removing collective/cooperative members from the ownership of the new business entity.

Although a transfer is not required in these two circumstances, the permit holder is required to notify the City Manager in writing of the change within ten (10) days of the change. Failure to comply with this provision is grounds for permit revocation.
(e) No cannabis business permit may be transferred when the City Manager or Police Chief has notified the permittee that the permit has been or may be suspended or revoked. (f) Any attempt to transfer a cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit. ( Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.507. CEQA COMPLIANCE.

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(Supp. No. 10)

Any applicant for a cannabis business permit. and/or zoning or conditional use permit, as applicable, shall be responsible for all costs associated with the preparation of all initial studies. negative declarations. environmental impact reports and/or other environmental documents or studies, if any, including administrative costs, necessary for the approval of such cannabis business permit. zoning or conditional use permit, as applicable, or the establishment or operation of a cannabis business, as well as the costs associated with the City's use of a third party reviewer to ensure application completeness.

ARTICLE 6. APPEALS
Sec. 5-6.601. Appeals from Decisions of the City Manager or his Designee under this Chapter.

Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this Chapter from a decision of the City Manager or his or her designee, the appeal shall be conducted as prescribed in this Chapter.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.602. Written request for Appeal.
(a) Within ten (10) calendar days after the date of a decision of the City Manager or his designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. (bl At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council from time to time.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.603. Appeal Hearing.
(a) Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Council.

The City Council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the City.
(b) The appeal shall be held within a reasonable time after the filing of the appeal, but in no event later than ninety (90) days from the date of such filing. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing.
(c) At the hearing the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. (d) At the conclusion of the hearing the City Council may affirm, reverse or modify the decision appealed. The decision of the City Council shall be final.
( Ord. No. 18-766, § 2, 8-28-2018)
Sec. 5-6.604. Appeal of Administrative Fines.

Administrative fines issued pursuant to Sec. 5-6.1504 and Sec. 1-5.08 can be appealed by the process set out in Sec. 1-5.08.

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(Supp. No. 10)

- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 7. CANNABIS DISPENSARY PERMITTEE SELECTION PROCESS ARTICLE 7. CANNABIS DISPENSARY PERMITTEE SELECTION PROCESS Sec. 5-6.701. Selection and Review of Finalists.
(a) The City Council shall adopt by resolution a procedure by which the applicants in each category of cannabis dispensary will be presented to the City Council for a final determination at a public meeting. (b) The top applicants in each category of cannabis dispensary that are selected for final consideration may be invited to attend the City Council meeting, where they will be expected to make a public presentation introducing their teams and providing an overview of their proposals. In order to provide adequate time, presentations may be divided over more than one meeting over multiple days as determined to be necessary.
(c) At least ten (10) days prior to the hearing, notice of the hearing shall be sent to all property owners located within three hundred (300) feet of the proposed dispensary locations of each of the finalists to be considered by the City Council.
(d) The City Council shall rank the final candidates and shall select the top candidate in each category of cannabis dispensary, which candidate shall become the prevailing candidate. The City Council's decision as to the selection of the prevailing candidates shall be final. (e) Official issuance of the cannabis dispensary permit, however, is conditioned upon the prevailing candidate obtaining all required land use approvals. Following the Council's selection, the prevailing candidate shall apply to the City to obtain any required land use approvals or entitlements for the permittee's location, if any. Land use approvals shall comply with all applicable provisions of CEQA. The City Manager shall formally issue the cannabis dispensary permit once the City Manager and Building Department have both affirmed that all of the required land use approvals have been obtained. (f) Issuance of a cannabis dispensary permit does not create a land use entitlement. The cannabis dispensary permit will be for a term of twelve (12) months and shall expire at the end of the twelve {12) month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of the state and local laws and regulations, including but not limited to the requirements of this Chapter and of the permit, have been complied with. (g) Notwithstanding anything in this Chapter to the contrary, the City Council reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a cannabis dispensary permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program created under this Chapter.
(h) If an application is denied, a new application may not be filed for one (1) year from the date of the denial. (i) Each person granted a cannabis dispensary permit shall be required to pay the permit fee established by resolution of the City Council, to cover the costs of administering the cannabis business permit program created in this Chapter.
(Ord.No. 18-766, § 2, 8-28-2018)
California City, California, Code of Ordinances
(Supp. No. 10)
Creat ed: 2022-05-13 14:23:14 [ EST]

Code of Ordinances
TITLE§ PUBLIC WHFARE
04APTER 6. REGULATION OF CAN~JABIS RELATED BUSINESSES AND ACTIVll¥.

ARTICLE 8. REQUIREMENTS BEFORE PERMITTEE MAY COMMENCE OPERATIONS Sec. 5-6.702. Permits Issued to Back-up Applicants.

The City Council reserves the right at any time, in its sole discretion, to simply restart the selection process over.

Alternatively, within eighteen (18) months following the issuance of any cannabis dispensary permit, if any of the candidates chosen by the City Council to be permitted withdraws from the process or its application is terminated for any reason, the City Council may direct staff to determine whether the runner-up applicant (ranked next highest after those chosen for permitting in the same category) in that category, based on the final ranking of the finalist, still desires a permit. If the applicant still desires a permit, city staff shall proceed to hold a public hearing, which will include notice to surrounding property owners, to evaluate the runner-up candidate's application for potential issuance of a permit. The City will utilize the same process which was used for the applicants chosen to receive permits. Prior to the hearing, the runner-up applicant shall be required to complete any additional requirements, and to update any information from its original application, which the City Manager or his/her designee may determine is reasonably required to verify that the applicant still appropriately qualified and has met all requirements. The City Council shall then hold the public hearing and make a determination whether a permit should be issued to the runner-up applicant or be denied. If the Council determines a permit should be issued, the applicant shall be required to follow the same process for land use and zoning approvals, before a permit will officially be issued.

Notwithstanding the foregoing, the City shall have no obligation to offer the permit to the runner-up applicant if an applicant has withdrawn its application, or if the Council finds, based on substantial evidence that the applicant no longer qualifies, is in violation of state or local laws or regulations, or that it would not be in the community's best interest to grant the permit as a result of impacts on the community's health, safety or welfare. (Ord. No. 18-766, § 2, 8-28-2018)
ARTICLE 8. REQUIREMENTS BEFORE PERMITTEE MAY COMMENCE OPERATIONS Sec. 5-6.801. City Business License.

Prior to commencement of operations a cannabis business shall obtain a City of California City business license.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.802. Building Permits and Inspection.

Prior to commencement of operations a cannabis business shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, Health Department approvals and other zoning and land use California City, CalifoFnia, CoEle of OFElinanees created: 2022-es-B ~14:23:14 [ESTJ (Supp. No. 10)
Page eF-68..Qf._88
permit(s) and approvals confirming that the business and building complies with the Building Code and Fire Code and all other applicable provisions of the California City Municipal Code and State law. (Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.803. Certification from Building Department.

Prior to commencing operations, a cannabis business must obtain a certification from the City Manager certifying that the business is located on a site that meets all of the requirements of the City's Zoning and Municipal Code, including Title 9, Chapter 2, Article 29 (Cannabis businesses). (Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.804. Right to Occupy and to Use Property.

As a condition precedent to the City's issuance of a cannabis business permit pursuant to this Chapter, any person intending to open and to operate a cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from another person, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the cannabis business on the owner's property.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.805. Limitations on City's Liability.

To the fullest extent permitted by law, the City of California City shall not assume any liability whatsoever with respect to having issued a cannabis business permit pursuant to this Chapter or otherwise approving the operation of any cannabis business. As a condition to the approval of any cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the cannabis business permit:
(a) They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of California City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the cannabis business permit, the City's decision to approve the operation of the cannabis business or activity, the process used by the City in making its decision, the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents. (b) Maintain insurance at eo•.rerage limits, and in the minimum amount of $1 million per claim and $2 million in the aggregate naming the City as an additional insured on all City-required insurance policies with conditions thereon determined necessary and appropriate from time to time by the City Attorney. (c) Reimburse the City of California City for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the City of California City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's cannabis business permit, or related to the City's approval of a cannabis activity. The City of California City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

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(Supp. No. 10)

- Code of Ordinances
TITLE 5 - PUBLIC WELFARE
CHAPTER 6. - REGULATION OF CANNABIS RELATED BUSINESSES AND ACTIVITY.

ARTICLE 9. OPERATING REQUIREMENTS FOR ALL CANNABIS BUSINESSES PERMITTED UNDER THIS CHAPTER ARTICLE 9. OPERATING REQUIREMENTS FOR ALL CANNABIS BUSINESSES

PERMITTED UNDER THIS CHAPTER
Sec. 5-6.901. Records and Recordkeeping.
(a) Each owner and operator of a cannabis business SHaU-must maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a cannabis business. permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each cannabis business SHaU-must file a sworn statement detailing the number of sales by the cannabis business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement SHaU-must also include gross sales for each month, and all applicable taxes paid or due to be paid. (b) Each owner and operator of a cannabis business SHaU-must maintain a current register of the names and the contact information (including the name, address, telephone number, and percentage of ownership) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph SRal-1-must be provided to the City Manager or his/her designee(s) upon a reasonable request. If at any time a corporation, LLC, company, trust or other entity holds an interest in a cannabis business, the register required by this paragraph ~must also include the name and contact information of a person designated as being able as answer all questions on behalf of that entity, together with the name of every person holding an interest in that cannabis business. The designated representative ~must provide whatever additional information the City Manager or his/her designee or the Police Department may reasonably request concerning the owners of that entity. (cl All cannabis businesses SHaU-must maintain an inventory control and reporting system as required by state law and all permittees must comply with the track and trace system established by the State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16 of the California Code of Regulations, as the same may be amended from time to time. (d) Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA) regulations, each cannabis business SRal-1-must allow City of California City officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than two (2) business days after receipt of the City's request, unless otherwise stipulated by the City.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.902. Security Measures.
(a) A permitted cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City, these security measures shall include compliance with all State security regulations required under the Cannabis Licensee's State cannabis license, as those regulations may be amended from time to time California City, California. Code of Ordinances
(Supp. No. 10)

Cr eated: 2022-05- 13 14: 23:15 [EST]
(b) Every cannabis business and cannabis dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. As part of an application for a cannabis use, each applicant shall prepare and submit a security plan for review and approval by the Chief of Police, which approval or denial will be based upon the security standards stated above and in compliance with any security measures agreed upon between the City Manager and Chief of Police. Said plans shall remain updated and secured on file in the protective custody of the Building Department. The information provided for purposes of this section shall be maintained by the Building Department as confidential information and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.
(c) The City Council may impose further security requirements above and beyond the minimum-security requirements imposed by State regulations, upon the recommendation of the City Manager in consultation with the Chief of Police based on the unique circumstances associated with a particular cannabis business.

Except as may otherwise be determined by the City Council, these security measures shall include compliance with all State security regulations required under the Cannabis Licensee's State cannabis license, as those regulations may be amended from time to time.
(d) A cannabis business shall identify a designated security representative/liaison to the City of California City, who shall be reasonably available to meet with the City Manager, the City's Police Chief, the City Fire Chief, or their designees, regarding any security related measures or and operational issues. (e) The cannabis business shall cooperate with the City whenever the City Manager or his designee makes a request, upon reasonable notice to the cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter. (f) A cannabis business shall notify the Chief of Police and the City Manager or his/her designee within twentyfour (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager working in consultation with the Chief of Police. (2) Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
(3) The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the cannabis business. (g) When more than one cannabis businesses or dispensary is located adjacent to, or in close proximity to another cannabis business or dispensary, the businesses or dispensaries may present a joint security plan to the Chief of Police for review and approval to avoid redundant activity and excess costs, provided the required level of security and effectiveness are not compromised, as determined by the Chief of Police. ilil No person(s) may keep or bring an animal onto the property of a cannabis business unless the animal is a service animal as defined by Title II of the Americans with Disabilities Act. All animals must be kept on leash at all times while on the cannabis business to safeguard inspectors and first responders in the event of an emergency.
(Ord.No. 18-766, § 2, 8-28-2018)
Sec. 5-6.903. Restriction on Alcohol Sales.

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on the premises of the cannabis business. Alcoholic beverages may be consumed on the premise incident to a properly permitted event such as a grand opening or grand-opening or community event.

Created: 2022-05- 13 14:23 :15 (EST]
(Supp. No. 10)