Irwindale, California, Code of Ordinances
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Irwindale, California, Code of Ordinances Created: 2025-04-17 10:46:04 [EST] (Supp. No. 17)
AMENDED Title 5
BUSINESS TAXES, LICENSES AND REGULATIONS1
Chapters:
Chapter 5.04 GENERAL REGULATIONS
Sections:
5.04.010 Definitions.
A. "Businesses, professions and trades," as used in Chapters 5.04 through 5.16, includes all businesses, commercial enterprises, crafts, professions, trades and occupations of all and every kind of calling carried on within the city for the purpose of earning a profit or livelihood, whether or not a profit or livelihood is actually earned thereby. "Businesses, professions, and trades" includes, but is not limited to, commission merchants, salesmen, brokers, retailers, wholesalers, warehousing, storage, vendors, suppliers, the renting or supplying of living quarters, or rooms, or board, or both, for four or more guests, tenants, or occupiers, and any other type of endeavor entered into within the city for the purpose of earning of livelihood or profit, whether paid for in money, goods, labor or otherwise and whether or not said business, profession or trade has a fixed place of business in the city.
1. Place of Business. Chapters 5.04 through 5.16 shall apply to all persons conducting a business, profession or trade within the city, whether or not such person maintains a fixed place of business in the city and whether or not said person may primarily conduct their business, profession or trade elsewhere. A person shall be deemed to be conducting a business, profession or trade within the city if they, or their agents, or employees, offer, solicit, sell, contract, construct, make, deliver or repair, or perform acts or services in respect to said business, trade or profession within the city.
2. Employees. The term "businesses, professions and trades" shall not apply to any person engaged in the business, profession or trade solely as an employee of any other person conducting, managing, or carrying on any such business in the city.
B. “City,” city shall refer to the City of Irwindale.
C. “City Clerk References,” as cited in Chapters 5.04 through 5.16, the City Clerk is charged with the responsibility of processing, issuing, or administering a business license or permit, the reference to the City Clerk shall be deemed a reference to the City Manager or designee thereof .
D. “Contracting,” the business carried on as a contractor by any person engaged in building, lathing, acoustical installation, plastering, paving, cement and concrete work, painting, decorating, paperhanging, metal work, heating and ventilating, house and building moving and wrecking, electrical work, plumbing, structural work, well drilling, pest control, awning work, burglar alarm installations, window decorations, and the like.
1For statutory provisions authorizing cities to license business for purposes of revenue or regulation, see Gov. Code § 37101; for provisions authorizing cities to license businesses in the exercise of police power, see Bus. and Prof. Code § 16000 et seq.
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E. "Employee," means all persons engaged in the operation or conduct of any business other than as an independent contractor. An employee receives income that should be reported to the Internal Revenue Service by the principal on IRS Form W-2, and includes any member of the owner's family, agent, manager, solicitor, and any and all other persons employed or working in said business. Factors which indicate status as an employee are if an individual: (can receive instructions concerning the means and methods of achieving a result; may receive training from the principal; provides the services essential to bringing the principal’s product or services to market; cannot delegate their responsibilities; deals with subcontractors and employees only within the framework of the principal’s directions or policies; has a continuing relationship with the principal; must work the hours that are dictated by the principal; usually must make a time commitment to the principal; must perform services at the location chosen by the principal; is subject to the principal’s control over the sequence of tasks; can be required to submit interim reports; is usually paid on an hourly or salary basis; is usually reimbursed for business expenses; is provided needed tools by the principal; is not required to invest in the principal’s business; is paid for their time and bears no risk of wage loss if the principal’s product is unprofitable; can be precluded from some alternative jobs; does not perform services directly for the public, but only for the principal; can be discharged at will; and normally may terminate their relationship with the principal without incurring liability.)
F. "Enforcement official," means the city manager or their designee who is charged with enforcing the Irwindale Municipal Code.
G. “Engaged in business," means conducting, operating, managing, or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, related entity or employee. A person or entity shall be deemed engaged in business within the City if such entity officer, agent, manager, or employee, among other things:
1. Maintains a fixed place of business within the City for the benefit or partial benefit of such person, or
2. Owns or leases real property within the City for business purposes, or
3. Maintains a stock of tangible personal property in the City for sale in the ordinary course of business, or
4. Conducts solicitation of business or advertisements within the City, or
5. Performs work or render services in the City, or
6. Utilizes the streets within the City in connection with the operation of motor vehicles for business purposes, or
7. Any other evidence of transacting or carrying on business. "Engaged in business" shall be construed as broadly as possible. The foregoing specified activities are nonexhaustive and shall not be construed as a limitation on the meaning of "engaged in business".
H. “Fees,” means applicable fees that are collected in conjunction with the business license tax.
I. "Fixed place of business," means the premises within the city where a business is continuously conducted from day to day and regularly kept open for the purposes of such business. "Regular place of business" has the same meaning as "fixed place of business".
J. "Food" or "food products," means any item described by California Health and Safety Code Section 113781.
K. "Goods" or "merchandise," means any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise.
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L. “Gross Receipts,” shall mean the gross receipts of the tax year and shall be calculated on either a cash or accrual basis in accordance with Internal Revenue Service guidelines. Gross Receipts are defined as follows:
The total amount of the sales price of all sales, the total amount charged or received for the performance of any act, service, or employment of whatever nature it may be, whether such service or act of employment is done as a part of or in connection with the sale of goods, wares, merchandise or not, for which a charge is made or credit allowed, including, without limitation, all receipts, cash, credits, forfeited or retained deposits of any kind and property of any kind or nature, in any amount for which credit is allowed by the seller to the purchasers without any deductions therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. Where the gross receipts are less than the cost of maintaining the operations of the licensee, then the licensee shall be deemed to produce gross receipts in an amount at least equal to the cost of maintaining such operations. Such cost of operations includes, but is not limited to, rent, depreciation, salaries, wages, fixed charges, and other expenses.
The term “Gross Receipts” as used in this article shall not include the following:
1. Cash discounts allowed or taken on sales;
2. The value of property accepted as part of the purchase price for subsequent resale;
3. Any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
4. Any City of Irwindale transient occupancy tax required to be included in or added to the price of a room and collected from a transient;
5. Such part of the sales price of property returned by the purchaser upon the recission of the contract or sale as is refunded either in cash or by credit;
6. Deposits which by law or contract must be refunded and are actually refunded;
7. Collections for others when the business is acting as an agent or trustee to the extent that payments are made to those for whom they are collected;
8. The cash value of sales, trades, or transactions between departments or units of the same business.
M. "Hearing officer," means any person selected by the city manager to conduct an administrative hearing who has no bias or pecuniary interest in the matter to be heard.
N. “License,” is the certificate issued by the city clerk after payment of the business tax fee as hereinafter set forth in this chapter. The term "business tax certificate" is synonymous and interchangeable with the term License or Permit.
O. "Mobile food facility," Shall be consistent with Irwindale Municipal Code § 17.12.170 and means any selfpropelled, motorized device or vehicle by which any person or property may be propelled or moved upon a road (excepting a device moved exclusively by human power), or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. Mobile food facility does not include any sidewalk vendor.
P. "Mobile food facility operator," means any person that operates or assists in the operation of a mobile food facility.
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Q. "Operate," means to manage, control or carry on, whether done as an owner, an agent, an employee, or a lessee, or licensee.
R. "Person," shall mean any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock company, business trust, domestic or foreign corporation, association, syndicate, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
S. "Related entity," means a parent, subsidiary and any business, corporation, partnership, limited liability company or other entity in which the company, a parent or a subsidiary holds a substantial ownership interest, directly or indirectly.
T. "Roaming sidewalk vendor," means any sidewalk vendor who moves from place to place and stops only to complete a transaction.
U. "Sidewalk vendor," means a person who vends from a sidewalk vending cart or from one's person exclusively upon a public sidewalk, or other public path or right-of-way provided for the exclusive use of pedestrians – or within a public park. Sidewalk vendor does not include any person who is selling services.
A sidewalk vendor shall also not include any commercial solicitor or any vendor whose operation (including the location of vendor, equipment, vending cart, merchandise/food, or queue of customers) takes place in whole or in part in or upon any portion of a street, alley, parking lot or structure, dedicated bicycle path/lane, or any other public right-of-way used in whole or in part for vehicular travel, nor in or upon any parkway, roadway median, crosswalk, freeway on-ramp, or any privately owned real property.
V. "Stationary sidewalk vendor," means a sidewalk vendor who vends from a fixed location.
W. "Swap meet," means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.
X. "Vend" or "vending," means to sell, offer for sale, display for sale, or solicit offers to purchase food, food products, beverages, goods, or merchandise.
Y. "Vending cart," means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. "Vending cart" does not include a mobile food facility.
Z. "Vendor," means a person who vends from a vending cart, from one's person, or from a mobile food facility, including an employee or agent of another.
5.04.020 License required.
No person shall commence or carry on any business, profession or trade or occupation of any kind, nature, or calling within the city, whether or not said person has a fixed place of business within the city or elsewhere, and where the business, profession and trade and/or occupation is not otherwise exempt from the provisions of license requirements hereunder by federal or state law or by the provisions of Chapters 5.04 through 5.16 without first having procured a license and/or permit, as required by Chapters 5.04 through 5.16, from the city to do so and without first complying with any and all regulations contained in Chapters 5.04 through 5.16.
A. Occupancy Permit
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An occupancy permit is necessary for any fixed business in the City.
B. Violation.
The carrying on of any business, profession, trade and/or occupation without first having procured a license from the city to do so, or a permit where required, or without complying with any and all regulations pertaining to the business as provided in Chapters 5.04 through 5.16, shall constitute a separate violation of Chapters 5.04 through
5.16 for each and every day the business, profession, trade and/or occupation is so carried on. (Ord. 91 § 1(h)(part), 1960: prior code § 6200).
5.04.030 Unlawful businesses.
No license issued under the provisions of Chapters 5.04 through 5.16 shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business, or the furnishing, sale or provisioning of any service, good or product that is illegal under this Code, the laws of the State of California, or the laws of the United States of America.
A. The city is not required to issue any business license certificate unless all required regulatory approvals have been received by business.
B. The issuance of a business license certificate, or the payment of any required business license tax, shall not be construed as authorizing the conduct, or continuance, of either:
1. Any illegal business; or
2. A legal business operating in an illegal manner; or
3. A business lacking any required regulatory approvals.
C. Failure to comply with the provisions of this Section shall constitute grounds for the refusal, suspension, or revocation of the business license certificate. (Ord. 91 § 1(h)(part), 1960: prior code § 6201).
5.04.040 Legal action for recovery of unpaid sums.
Any sum required to be paid under Chapters 5.04 through 5.16 shall be deemed a debt to the city and any person who engages in any business required to be licensed, without having lawfully procured a license from the city to do so, shall be liable to an action by and in the name of the city in any court of competent jurisdiction for the recovery of any such amount.
(Ord. 91 § 1(h)(part), 1960: prior code § 6202).
5.04.050 City clerk—License collector and custodian of funds.
The city clerk or their authorized designee shall serve as license collector and shall be the custodian of all funds collected thereunder until transferred to the city finance department. All references to the city clerk throughout this chapter shall mean and refer to the city clerk or their authorized designee. All funds collected by the license collector under Chapters 5.04 through 5.16 shall be deposited daily with the city finance department. (Ord. 91 § 1(h)(part), 1960: prior code § 6203).
(Ord. No. 767, § 2, 3-22-23)
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5.04.060 City clerk—Additional powers.
The city clerk shall have, in addition to all other powers conferred upon them, for good cause shown, the power to extend the time for filing any statement required for a period of not to exceed thirty days, and in such case waive any penalty that would have otherwise accrued, and, with the approval of the council and the written approval of the city manager, to compromise any claim for the business license tax subject to the provisions of Chapters 5.04 through 5.16.
(Ord. 91 § 1(h)(part), 1960: prior code § 6222).
(Ord. No. 767, § 3, 3-22-23)
5.04.070 Application—Form—Filing.
All applications for license shall be either in writing or filed online upon a form approved by the city attorney and issued by the city clerk. The applicant, in addition, shall submit any further information or evidence in writing as required by the city clerk or the city manager, or other designated agency of the city. The application shall be verified by the applicant and shall be filed with the city clerk or their designee. The city clerk shall send copies of the application to those officers and departments designated in Chapters 5.04 through 5.16, and to any other that may be designated by the city council.
(Ord. 91 § 1(h)(part), 1960: prior code § 6218).
(Ord. No. 767, § 4, 3-22-23)
5.04.080 Application—Additional information.
Every officer and department to which an application for a license is referred shall be furnished with such additional information and the filing of such additional forms as they deem necessary. (Ord. 91 § 1(h)(part), 1960: prior code § 6218.1).
5.04.090 Application—Reports from departments.
Every officer and department to which an application is referred shall, in writing, advise the city clerk of all material facts necessary to determine whether the license should be granted or denied, and of its approval or disapproval.
(Ord. 91 § 1(h)(part), 1960: prior code § 6218.2).
5.04.100 Application—Failure to file required statement—Notice of assessment—Application for hearing—Findings of city council—Final assessment.
If any person fails to file any application statement required by Chapters 5.04 through 5.16 within the time prescribed, or, after demand therefor made by the city clerk, fails to file a corrected application statement, the city clerk, with the consent of the city council first obtained, may determine the amount due from such person from such information as they may be able to obtain. In case such determination is made, the city clerk shall give notice of the amount so assessed by serving the same personally, or by depositing same in the United States post office in the city, with postage prepaid thereon, addressed to the person so assessed at their last known address. Such
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person may, within ten days after the mailing or serving of such notice, make application in writing to the city clerk for hearing on the amount of the tax. If such application is not so made within the time prescribed, the assessment shall become final. After such an application is filed, the city clerk must cause the matter to be set for hearing within fifteen days before the city council. The city council shall consider all evidence produced and shall make written findings thereon, a copy of such findings to be served upon the applicant in the manner prescribed above for service of notice of assessment. Such findings shall become final at the expiration of five days from the date of service, within which time exceptions may be filed by the applicant with the city clerk. If filed, the city council shall consider the same and make such modification as may be deemed necessary; thereupon the final assessment shall be made.
(Ord. 91 § 1(h)(part), 1960: prior code § 6223).
5.04.110 Application—Failure to file required statement—Penalty.
Any person who fails to file any required application statement2, or fails to pay the amount required under Chapter
5.08 within the time fixed by Chapters 5.04 through 5.16 shall be assessed the same penalty provided in Section
5.04.300 for failure to pay before it becomes delinquent, which sum shall become a part of the total fee required to be paid under Chapter 5.08. No statement shall be conclusive as to the matters set forth herein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable under Chapter 5.08. Such statement and each of the several items therein contained shall be subject to verification by the city clerk.
(Ord. 91 § 1(h)(part), 1960: prior code § 6221).
5.04.120 Application—Confidential.
All applications filed pursuant to the provisions of Sections 5.04.070 through 5.04.110, for the purpose of ascertaining business license taxes, shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the city clerk to preserve and keep said statements so that the contents thereof may not become known except to the persons required by law with the administration or enforcement of Chapters
5.04 through 5.16.
(Ord. 91 § 1(h)(part), 1960: prior code § 6224).
5.04.130 Application—False statements.
No person shall make any false, misleading or fraudulent statement or misrepresentation of any fact in any application for a license or permit required to be filed with the city council, or with any board, commission, or authorized person of this city. In addition to any other penalties provided in any section of Chapters 5.04 through
5.16, such conduct shall be grounds for suspending or revoking any license or permit issued to such person. (Ord. 91 § 1(h)(part), 1960: prior code § 6235).
5.04.140 License—Contents.
A. Each license issued under Chapters 5.04 through 5.16 shall state upon the face thereof the following:
1. The person to whom the same is issued;
2* For power of city clerk to extend the time of filing, see Section 5.04.060.
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2. The kind of business licensed thereby;
3. The amount paid therefor;
4. The location of such business;
5. The date of expiration of such license.
B. In no case shall any mistake of the city clerk in stating the amount of a license prevent or prejudice the collection by the city of what should be actually due from any person carrying on a business subject to a license under the provisions of Chapters 5.04 through 5.16. (Ord. 91 § 1(h)(part), 1960: prior code § 6204).
5.04.150 License—Term.
Except in cases specifically provided for otherwise in Chapters 5.04 through 5.16, the license term for licenses issued under Chapters 5.04 through 5.16 shall be from July 1st to June 30th of each year. Subject to other provisions of this title, the fee required to be paid under this title shall be due and payable on the first day of July of each year and shall be delinquent thirty days after the same becomes due. (Ord. 98 § 1(b), 1961; Ord. 91 § 1(h)(part), 1960: prior code § 6219).
5.04.160 License—Nontransferable.
No license issued pursuant to Chapters 5.04 through 5.16 shall be transferable. (Ord. 91 § 1(h)(part), 1960: prior code § 6207).
5.04.170 License—Branch establishments—Separate license required.
A separate license must be obtained for each branch establishment or separate place of business in which the business, profession or trade is carried on, and each license shall authorize the person obtaining it to carry on, pursue or conduct only that business, profession or trade described in such license, and only at the location or place of business which is indicated therein.
(Ord. 91 § 1(h)(part), 1960: prior code § 6216).
5.04.180 License—Duplicates—Fee.
A duplicate license may be issued by the city clerk to replace any license previously issued which has been lost or destroyed, upon applicant therefor filing an affidavit attesting to such fact, showing proof to the city clerk that the loss of such license, license tag, or decal has been reported to the police department, and at the time of filing such affidavit paying to the city clerk a fee amount established by resolution of the City Council. (Ord. 91 § 1(h)(part), 1960: prior code § 6208).
5.04.190 License—Posting and keeping.
Except as otherwise specifically provided by the provisions of Chapters 5.04 through 5.16, all licenses must be kept and posted in the following manner:
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A. Subject to other provisions of Chapters 5.04 through 5.16, any licensee engaged in business at a fixed place of business shall keep the license issued posted in a conspicuous place upon the premises where such business is conducted.
B. Any person engaged in business in the city, but not operating from a fixed place of business, shall keep the license with them at all times while engaged in such business.
C. Vehicles, Carts, Baskets. As directed by the city clerk, each person driving, operating or having control of any wagon, cart or other vehicle, or using or controlling any tray, basket or other receptacle, or controlling, possessing or operating any machine, device or equipment, including vending machines, where a license is required under the provisions of Chapters 5.04 through 5.16, Any license shall be placed so that it is always plainly visible. No person shall keep any license longer than thirty days after the expiration of the term for which the license is issued, and no person, except the licensee or their authorized agent, shall take or remove any license, from the person lawfully entitled to the same or remove from the place where posted.
(Ord. 91 § 1(h)(part), 1960: prior code § 6209).
5.04.200 License—Not issued to persons indebted to city for unpaid fees—Exception.
No license for any succeeding current or unexpired license period shall knowingly be issued to any person who at the time of making application for any license is indebted to the city for any unpaid fee; provided, that the city clerk, or their duly authorized designee, may enter into an agreement with any person indebted to the city for nonpayment of fees for any past license period, agreeing with such person that such person may pay delinquent fees for any past license period in equal installments extending over a period not to exceed one year. In such agreement such debtor shall acknowledge its debt to the city and agree, in case default is made in the payment of any installment agreed to be paid thereunder, that the whole amount agreed to be paid shall become immediately due and payable and, that in case suit be brought to enforce collection of the amount agreed to be paid under such agreement, that the debtor will pay all costs of suit incurred by the city. In case such agreement is executed, licenses for any current or ensuing license period may be issued to any person paying the fee prescribed for the current or ensuing license period, together with penalties, if any. (Ord. 91 § 1(h)(part), 1960: prior code § 6206).
5.04.210 License—Revocation or suspension proceedings.
Any license, permit, or certificate issued by the city to any person to carry on any business under the provisions of Chapters 5.04 through 5.16 may be revoked or suspended by the city council in the following manner:
A. The city council may, upon its own motion, or upon the written charges filed by the city clerk or the city manager, give notice to any licensee or permittee to appear before the city council at a time and place set for such hearing to show cause, if there may be any, why the license or permit issued to the licensee or permittee shall not be revoked or suspended. The notice shall state the grounds for complaint or reasons for suspension in clear and concise language.
B. Such notice shall be served upon the licensee or permittee not less than five days and not more than ten days prior to the date set for the hearing. Upon good cause being shown, the licensee shall be entitled to a continuance until the next meeting of the city council.
C. On revocation of a license, no part of the money paid to the city therefor shall be returned, but the license shall be forfeited to the city.
(Ord. 91 § 1(h)(part), 1960: prior code § 6226).
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(Ord. No. 767, § 5, 3-22-23)
5.04.220 License—Suspension prior to hearing.
The city council, upon its own motion, may suspend any license or permit without previous notice pending a hearing; provided, that:
A. It appears to the city council that the immediate suspension of any license or permit is necessary for the immediate preservation of the public health, morals, safety, and general welfare; B. At the time of the suspension of any license or permit the licensee or permittee shall be served with a written statement containing the reasons for such suspension; C. Within twenty-four hours after the suspension of any license as provided in this section, and unless said license is sooner restored, the licensee or permittee must be served with a notice of hearing to show cause in the form as provided in subsection A of Section 5.04.210; D. In all cases where a license has been suspended as provided in this section, the hearing of the charges upon which revocation of license is sought shall be held not earlier than the third day nor later than the fifth day after service of the notice, except at the request and with the consent of the licensee or permittee.
(Ord. 91 § 1(h)(part), 1960: prior code § 6227).
5.04.230 License—Revocation or suspension—Licensee to be heard.
A. At any hearing provided in Chapters 5.04 through 5.16 the licensee or permittee shall be given an opportunity to appear either personally or by counsel, and to be heard and to defend themself t, and they may call witnesses on their behalf.
B. The council may continue such hearing from time to time upon good cause being shown therefor; provided, however, that if the license has been suspended prior to the hearing, the same must be completed within two days, including the first day of hearing.
(Ord. 91 § 1(h)(part), 1960: prior code § 6228).
5.04.240 License—Revocation or suspension—Council authority.
After conducting such hearing as provided for in Section 5.04.230, the city council may revoke, suspend or reinstate any such license or permit upon such terms and conditions as in the exercise of a reasonable and sound discretion it shall determine. The order of the council revoking, suspending or reinstating the license or permit shall be final and conclusive.
(Ord. 91 § 1(h)(part), 1960: prior code § 6229).
5.04.250 License—Issuance prohibited after revocation or suspension.
The city council, after revoking or suspending any such license or permit, shall notify the city clerk of such fact, and thereafter no license shall be issued by the city clerk to any licensee or permittee to carry on any business or do any act for which such license or permit was granted until a new license or permit has been granted therefor by the city council.
(Ord. 91 § 1(h)(part), 1960: prior code § 6233).
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5.04.260 License—Engaging in business prohibited after revocation or suspension.
No person whose license or permit has been revoked or suspended pursuant to Chapters 5.04 through 5.16 shall engage in or carry on any business, or do any act permitted to be done pursuant to such license or permit during the period of suspension, or after revocation thereof, until a new license or permit has been granted. (Ord. 91 § 1(h)(part), 1960: prior code § 6234).
5.04.270 Fees—Payable in advance—Computation.
A. All fees shall be paid in advance to the city clerk in lawful money of the United States. The amount to be paid shall be determined by the city clerk in accordance with the terms and provisions of Chapters 5.04 through
5.16. In case of dispute, the decision of the city manager as to the amount to be paid pursuant to the provisions of Chapters 5.04 through 5.16 shall be final.
B. Whenever any fee is measured in whole or in part by gross receipts, it shall be computed upon the gross receipts of the preceding calendar year. If the business was in operation within the city during only a portion of the preceding year, the gross receipts shall be computed for the entire year at the same rate as the actual gross receipts are computed for the portion of the year during which the business was in operation. For the first year of operation of a business within the city, the gross receipts shall be estimated and the fee computed and paid thereon, by apportioning the gross receipts so estimated and computing the fee payable for only the remainder of the year, and adjustment shall be made by refund or additional payment based upon the actual gross receipts during said calendar year within thirty days after the close of the calendar year during which the business commences operation. A certified true statement of gross receipts during each month shall be filed with the city clerk within thirty days after the closure of such month. (Ord. 141 § 1, 1964; Ord. 91 § 1(h)(part), 1960: prior code § 6214). (Ord. No. 767, § 6, 3-22-23)
5.04.280 Fees—Payment dates.
Except as otherwise provided for in Chapters 5.04 through 5.16, licenses required under Chapters 5.04 through
5.16 shall be due and payable at the following times:
A. Annual license, first day of July of each year;
B. Semiannual license, on the first day of July and the first day of January of each year; C. Quarterly license, on the first day of July, first day of October, first day of January, first day of April of each year;
D. Monthly license, on the first day of each and every month; E. Weekly license, on the first day of the first week that business commences and every subsequent week thereafter, in advance;
F. Daily license, in advance, on each day;
G. License for new business, within ten days from the first day the business begins operating. (Ord. 141 § 2, 1964; Ord. 98 § 1(a), 1961: prior code § 6215).
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5.04.290 Fees—Apportionment for part of a license period.
In cases where a portion of the license period or term has lapsed prior to application for a license, the amount of the fee payable shall be apportioned on a quarterly basis and applicant shall pay three-fourths, two-fourths or onefourth, as the case may be, of the total fee, but in no case less than twenty-five dollars. (Ord. 91 § 1(h)(part), 1960: prior code § 6220).
5.04.300 Fees—Delinquency penalties.
A. Any person who fails to file any required application statement or fails to pay the amount required under this chapter within the time fixed by this chapter shall be assessed the same penalty provided in this chapter for failure to pay a license fee before it shall become delinquent, which sum shall become a part of the license fee required to be paid under this chapter.
B. No statement shall be conclusive as to the matters set forth herein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder.
C. Such statement and each of the several items therein contained shall be subject to audit and verification by the city clerk, who is hereby authorized to examine, audit and inspect such books and records of any licensee or applicant for license as may be necessary in his or her judgment to ascertain the correct amount of license due.
D. All licensees, applicants for licenses and persons engaged in business are hereby required to permit the examination of such books or records for the purposes aforesaid. The information required hereunder shall be used for the purpose of enforcing the provisions of this chapter and for no other purpose.
E. Any person violating this chapter shall be guilty of a misdemeanor.
F. Any person knowingly or intentionally misrepresenting to a city representative any material fact in procuring a business license shall be guilty of a misdemeanor.
G The amount of business license tax and penalty imposed by this chapter shall be deemed a debt to the city.
The city may pursue any legal remedy available for the collection of any delinquent business license tax, and penalties and administrative costs incurred in connection therewith, including attorney fees. Neither arrest, prosecution, conviction, imprisonment or payment of a fine for the violation of this chapter shall satisfy or diminish the indebtedness to the city created by this chapter.
5.04.310 Fees—Cost of investigation.
If a license is denied or an application therefor withdrawn, the city clerk may retain twenty-five dollars of such fee to partially defray the cost of investigation and processing by the city. (Ord. 91 § 1(h)(part), 1960: prior code § 6236).
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5.04.320 Notices—Delivery.
Any notice required to be given under Chapters 5.04 through 5.16 may be given either by personal delivery thereof to the licensee or permittee by personal delivery thereof to any employee of such licensee or permittee at their place of business mentioned in the license or permit, providing such licensee or permittee is absent from the place of business, or by depositing in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified in the license, or electronically, or in other public records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
(Ord. 91 § 1(h)(part), 1960: prior code § 6230).
5.04.330 Notices—Proof of service.
Proof of giving any notice provided in Chapters 5.04 through 5.16 may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with Chapters 5.04 through 5.16.
(Ord. 91 § 1(h)(part), 1960: prior code § 6231).
5.04.340 Notices—Responsibility of city council.
The city council shall orally or in the manner provided for in Section 5.04.320 for giving notice, notify the licensee or permittee of any finding, suspension, revocation, or reinstatement made by it, or any conditions attached thereto.
(Ord. 91 § 1(h)(part), 1960: prior code § 6232).
5.04.350 Exemptions—Religious, charitable, fraternal, educational, military, state, county or municipal organizations.
The provisions of Chapters 5.04 through 5.16 shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business or require the payment of any license of any institution or organization so conducted, managed or carried on fully for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any person; nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose in the city; nor shall any license be required for the conducting of any recreation, entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objectives for which such organization or association was formed and from which profit is not derived either directly or indirectly by any person, or whenever any such entertainment, dance, concert, exhibition or lecture is limited to the members of any such organization or association, including their respective spouses. The provisions of Chapters
5.04 through 5.16 shall not be deemed or construed to require the payment of a license by any religious, charitable, fraternal, educational or military organization or association conducting casual sales, concerts, dances, entertainment, exhibitions or lectures or other activities for fund-raising purposes and where the funds so derived are retained strictly for charitable, religious, educational, fraternal or military purposes and do not go to the benefit or use or profit of any person; provided, however, that nothing contained in this section shall be deemed
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to exempt any such organization or association in complying with the provisions of Chapters 5.04 through 5.16, requiring such institution or organization to obtain a permit from the city council or proper officer to conduct, manage or carry on any business.
(Ord. 91 § 1(h)(part), 1960: prior code § 6225(a)).
5.04.360 Exemptions—Under federal and state constitutions and state law.
Nothing contained in Chapters 5.04 through 5.16 shall be deemed as applying to any person managing or carrying on or engaging in any business exempt from taxation by municipal corporations by Article 13, Section 14, of the Constitution of the state, the laws of the state, and the Constitution of the United States. (Ord. 91 § 1(h)(part), 1960: prior code § 6225(b)).
5.04.370 Exemptions—Veterans.
Every honorably discharged or honorably relieved veteran of the United States, who is physically unable to obtain a livelihood by manual labor, may distribute circulars and hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any fees whatsoever, and shall be granted an exempt license by the city clerk upon filing with the city clerk the proper application and evidence of eligibility approved by the city clerk. (Ord. 91 § 1(h)(part), 1960: prior code § 6225(c)).
5.04.380 Exemptions—Blind person.
No blind person who is certified as blind by the Department of Vocational Rehabilitation, Department of Education, State of California, and engaged in retail sales, wholesale merchandising or manufacturing, shall be required to pay any fee for the license required in Chapters 5.04 through 5.16. (Ord. 91 § 1(h)(part), 1960: prior code § 6225(d)).
5.04.390 Exemptions—Civic organizations.
A. Any civic organizations, junior chamber of commerce, chambers of commerce, parent teacher association, veterans group, church group, fraternal organization and other civic, religious or charitable group entitled to exemption and not coming under any part of Chapters 5.04 through 5.16 requiring a license shall be entitled to an honorary license upon application to the city clerk and payment of an amount established by resolution of the City Council.
B. This section is not intended to be a mandatory requirement for those organizations set forth in subsection A of this section.
(Ord. 91 § 1(h)(part), 1960: prior code § 6225(e)).
5.04.400 Exemptions—Emergency services.
Any person otherwise coming within the definitions of Section 5.04.010, who does not have a fixed place of business within the city and who is called into the city or called upon to perform a service or act within the city of an emergency nature in order to protect the health, life, property or rights of someone within the city, shall be exempt from the provisions of Chapters 5.04 through 5.16.
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(Ord. 91 § 1(h)(part), 1960: prior code § 6225(f)).
5.04.410 Exemptions—Interstate commerce.
A. Every person claiming to be entitled to exemption from the payment of any license provided for in Chapters
5.04 through 5.16 upon the ground that such license casts a burden upon their rights to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the city clerk, disclosing the interstate or other character of their business entitling such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and their address, the kind of goods to be delivered, the name from which the same are to be shipped or forwarded, the method of solicitation or taking order, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit for the information of the city clerk.
B. If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a free license.
In case of dispute, the decision of the city manager is final. (Ord. 91 § 1(h)(part), 1960: prior code § 6225(g)).
(Ord. No. 767, § 7, 3-22-23)
5.04.420 Exemptions—Under other provisions of state law.
Every person claiming to be entitled to an exemption from payment of any fee provided for in Chapters 5.04 through 5.16, upon the ground that such fee is exempt under state law, shall file a verified statement with the city clerk disclosing the character of the business entitling such exemption. The statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that the person, organization or firm comes within the exemption of state law. Additional information shall be supplied to the city clerk or city manager upon request in order to ascertain whether or not the claimant meets the exemption of the state law. In case of dispute, the decision of the city manager shall be final. (Ord. 91 § 1(h)(part), 1960: prior code § 6225(h)).
(Ord. No. 767, § 8, 3-22-23)
5.04.430 Exemptions—Secondhand goods as part payment.
When any person is engaged in any business licensed under the provisions of Chapters 5.04 through 5.16 and as an incident to this business accepts secondhand goods as part payment on any new merchandise, such person shall not be required to obtain a license as a secondhand dealer for the doing of such acts and shall not be considered as dealing in secondhand merchandise but shall be required to comply with Section 5.04.440. (Ord. 91 § 1(h)(part), 1960: prior code § 6225(i)).
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5.04.440 Exemptions—For occasional use.
No license or fee under Chapters 5.04 through 5.16 shall be required for the operation of any motor vehicle or equipment along the streets of the city if such operation is merely occasional and incidental to a business conducted elsewhere; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending within the city upon an average of more than once a week in any quarter, and a business shall be deemed to be conducted within the city if an office or agency is maintained here or transportation business if solicited here.
(Ord. 91 § 1 (h)(part), 1960: prior code § 6225(k)).
5.04.450 Exemptions—Franchise, etc.
The provisions of Chapters 5.04 through 5.16 shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business not requiring the payment of any license or any business granted a franchise by the city council.
(Ord. 91 § 1(h)(part), 1960: prior code § 6225(m)).
5.04.460 Exempt licenses—Endorsement required—Term.
A. Whenever the city clerk issues any license granting any exemption provided for in Sections 5.04.350 through
5.04.450, the person to whom such license is issued shall endorse thereon their signature in ink in the presence of the city clerk or their designee, and no such license shall be transferable.
B. Any such exempt license shall be issued by the city clerk, or their designee, only for the minimum license period of any such business and may be renewed for the same period under the same conditions and in the same manner as originally obtained.
(Ord. 91 § 1(h)(part), 1960: prior code § 6225(j)).
5.04.470 Exempt licenses—Revocation.
At any time that it appears to the satisfaction of the council that none of the conditions specified in Sections
5.04.360 through 5.04.460 as meriting exemption from license requirements exists as to any person to whom any such exemption has been allowed, the council may revoke such exemption and the exempt license issued thereunder.
(Ord. 91 § 1(h)(part), 1960: prior code § 6225(1)).
5.04.480 Enforcement—Duties of city clerk.
It shall be the duty of the city clerk and/or their authorized designee or license enforcement agent or contractual representative of the city to enforce each and all of the provisions of Chapters 5.04 through 5.16 including those requiring the payment of any fee. In addition, the city clerk shall be responsible for the issuance of permits and licenses provided for in Chapters 5.04 through 5.16 and/or for the proper processing as required in Chapters 5.04 through 5.16 of all applications for licenses and/or permits. The city attorney shall advise the city clerk and/or said agent or representative on the legal effect and application of any provisions of Chapters 5.04 through 5.16. (Ord. 91 § 1(h)(part), 1960: prior code § 6210).
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5.04.490 Enforcement—Access to places of business authorized—Violation—Filing of complaint.
A. The city clerk, their authorized designee, or the license enforcement agent as defined in Section 5.04.480, shall examine all places of business in the city to ascertain whether or not the provisions of Chapters 5.04 through 5.16 have been complied with. The representative and each and all of their designees and duly authorized employees shall have the power and authority to enter free of charge and at any reasonable time any place of business is required to be licensed by the provisions of Chapters 5.04 through 5.16, and to demand an exhibition of such license.
B. Any person who has any such license heretofore or hereafter issued in their possession or under their control who fails to exhibit the same on demand shall be guilty of a violation of Chapters 5.04 through 5.16.
C. It shall be the duty of the city clerk, their designee or the contractual license enforcement agent of the city to cause a complaint to be filed against any and all persons found to be violators of any provisions of Chapters 5.04 through 5.16.
(Ord. 91 § 1(h)(part), 1960: prior code § 6211).
5.04.500 Enforcement—Conviction and/or imprisonment not to relieve payment of fees.
The conviction and/or imprisonment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the fee to conduct such business, nor shall the payment of any fee prevent a criminal prosecution for the violation of any of the provisions of Chapters 5.04 through 5.16. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the prosecution of violations of Chapters 5.04 through 5.16.
(Ord. 91 § 1(h)(part), 1960: prior code § 6212).
5.04.510 Enforcement—Appointment of designee license enforcement agent—Powers and duties.
Contractual representative as a designee license enforcement agent shall be directly responsible to the city clerk and under his or her control and direction and shall be appointed and hired by the city manager subject to the approval of the city council if and when expenditure exceeds $30,000. The contractual representative, pursuant to contractual arrangements between the city and the representative, may act as designee license enforcement agent. The city clerk and the designee license enforcement agent, hereinafter sometimes referred to as "their agent," shall have the power to examine all places of business and persons in their respective territories liable to pay a license, and to see that such licenses are taken out. (Ord. 91 § 1(h)(part), 1960: prior code § 6213).
5.04.520 Enforcement—Provisions may not be waived.
No person charged with the enforcement of any of the provisions of Chapters 5.04 through 5.16 shall knowingly accept or receive any sum for any license which is less than or greater than the amount actually to be paid under the provisions of Chapters 5.04 through 5.16. Notwithstanding the foregoing, the city clerk, in the exercise of discretionary powers, may, within the limits and terms of the provisions of Chapters 5.04 through 5.16, set the
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amount of the fee to be paid, based upon the facts before him pursuant to application and/or investigation and in accordance with the terms and provisions of Chapters 5.04 through 5.16. (Ord. 91 § 1(h)(part), 1960: prior code § 6217).
Chapter 5.08 BUSINESS LICENSE TAX REGULATIONS3
Sections:
5.04.010 Business license tax.
It shall be unlawful for any person either for himself or herself or for any other person, to commence or carry on any business taxed pursuant to this Chapter in the City of Irwindale, without having obtained a business license from the City.
A. A business license is evidence only of the fact that the business license tax was paid based on the business activity as reported to the city.
B. Neither the payment of business license tax nor the possession of a business license authorizes the doing of any act which the person paying the business license tax or holding a business license would not otherwise be entitled to do.
C. A business license is not permission to carry on a business at any place within the city where conducting such business is prohibited or fails to comply with the city's zoning, planning, building, and business regulations.
D. A business license is not permission to conduct a business in such a manner as to create or maintain a nuisance.
E. A business license is only valid for the person to whom it is issued and is not transferable.
5.08.020 Computation of taxes and fees.
A. “Application,” At the initial time an application is made for a business tax license, the applicant shall pay an application fee in an amount established by resolution of the City Council.
B. “Renewal,” At the termination of the initial period, the business tax license holder shall file with the city clerk, a verified statement of gross receipts, or a verified statement of the cost of operations should the taxable gross receipts be less than the cost of operations, for the initial period, and based on the statement, shall pay the tax due for the initial period. At the same time, for the first renewal period, the tax license holder shall pay the tax based on the verified statement of gross receipts, or the verified statement of the cost of operations should the taxable gross receipts be less than the projected cost of operations used to estimate gross receipts for the first renewal period. Any such projection shall be reasonable satisfactory to the city clerk, who may substitute another projection as necessary to achieve the purposes of this chapter.
1. For each succeeding renewal period, the business tax license holder shall file a verified statement of gross receipts, or a verified statement of the cost of operations should the taxable gross receipts be less than the cost of operations, for the preceding twelve (12) 3* Prior ordinance history: Prior code Sections 6250 through 6252.41, 6253, 6255 and 6257, and Ordinances 91, 98, 112, 270, 274, 285, 293, 296, 306, 312, 325, 330, 334, 352 and 357.
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month period, and shall pay a business license tax computed on such statement at the rate specified pursuant to § 5.08.030 (D).
C. Gross receipts should be rounded up to the nearest thousandth (ex. $99,432 should be rounded to $100,000). The tax rate applies only to those gross receipts in excess of $100,000. The minimum tax of $25 is due for all gross receipts up to $100,000.
D. All businesses with annual gross receipts in excess of $100,000 shall pay $25 on the first $100,000 of gross receipts and $1.25 for each additional $1,000, or fraction thereof, of gross receipts above $100,000.
E. By way of illustration, if the gross receipts of a business are one hundred twenty-five thousand dollars ($125,000) for the year, it would calculate its tax by first subtracting one-hundred thousand dollars ($100,000) in gross receipts, which is covered by the twenty-five dollar ($25) minimum tax. Then, using the adjusted gross receipts of twenty-five thousand dollars ($25,000), it would multiply those gross receipts by the rate for basic businesses, which is 0.125% (or $1.25 per thousand dollars ($1,000) or fraction thereof) to get the tax of thirty-one dollars and twenty-five cents ($31.25). Adding the minimum tax and this gross receipt tax the total tax owed in this example would be fifty-six dollars and twenty-five cents ($56.25).
(Ord. 379 § 1 (Exh. A), 1985).
5.08.030 Statement of gross receipts filed with city clerk.
In all cases where the amount of business license tax to be paid by any person, firm or corporation is not specifically stated in this Chapter but the determination thereof is based upon the amount of gross receipts, sales, or business transactions, or is determined by any other method set forth in this Subchapter, a verified statement of the total amount of gross receipts for the year immediately preceding or other facts upon which the city clerk may determine the business license tax under the provisions of this Chapter as applied to the particular business involved, shall be filed with the city clerk.
5.08.040 Statement of gross receipts confidential.
All statements of gross receipts filed pursuant to the provisions of this Subchapter shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the city clerk to preserve and keep such statements strictly confidential except with respect to persons charged by the law with administration and enforcement of this Chapter.
(Ord. 379 § 1 (Exh. A), 1985).
5.08.050 Statement of gross receipts verification.
The correctness of all statements of gross receipts shall be subject to audit and verification by the city clerk of the City, the City Attorney, or by their properly authorized designee or assistants, who are authorized and empowered to inspect and audit the books and records of any and all persons, firms or corporations licensed to carry on any business specified in this Chapter. No statement filed by the licensee shall be conclusive upon the City on any matters contained therein.
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5.08.060 Annual adjustment of rates.
The minimum gross receipts threshold and all flat rates for calculating the business fee in the City of Irwindale shall be adjusted annually based on the Consumer Price Index (CPI) for all urban consumers, as published by the U.S.
Bureau of Labor Statistics. The adjusted flat rates will be effective upon the first day of April every year, commencing April 1, 2028, and will be communicated to all affected businesses by the city clerk.(Ord. 295 § 1, 1975: prior code § 6258).
5.08.070 Small business exemption.
A.A Small Business shall mean any business whose gross receipts do not exceed $100,000.
B. Any business exempt from tax under this section shall be required to timely file for registration and subsequent renewals before the delinquency date. The failure to timely file or renew prior to the date the taxes would otherwise have been delinquent pursuant to § 5.04.300, shall render inapplicable the exemption provided and subject the business to the tax and fees that would otherwise be payable and to any interest and penalty applicable thereto.
C. This exemption is subject to review and may result in a suspension under any of the following circumstances as determined by the City Council:
1. The City experiences emergencies including but not limited to, major disaster declarations, emergency declarations, public health emergencies, national emergencies for which the response and recovery require expenditure of more than one percent of General Fund revenues (i.e., $335,000 in 2024-25); or
2. An economic downturn resulting in a greater than one percent overall actual decline in all General Fund revenue for the fiscal year ended June 30th of that year (i.e., $335,000 in 2024-25); or
3. The City is legislatively, legally or otherwise precluded from levying and collecting General Fund revenue that results in a greater than one percent total decline in budgeted General Fund revenue for the fiscal year (i.e., $335,000 in 2024-25); or
4. The City receives a legal judgment for which either an option for legal appeal does not exist, or the City Council decline to pursue that legal appeal, and the judgment exceeds ten percent of the Reserve Fund (i.e., $5,000,000 in 2024-25); or
5. There is a non-discretionary occurrence requiring expenditure of funds from the Economic Contingency Reserve Fund.
(a) To implement a suspension of the exemption in a given calendar year, action by the City Council, must be made by June 30th of the preceding calendar year. (b) The exemption period shall be in effect for ten years unless the City Council takes one of the following actions: (a) before June 30th of the fifth year the City Council takes an affirmative action not to extend the exemption period for a second consecutive five-year period; or (b) prior to June 30th of the tenth year of the exemption period, the City Council extends the exemption period beyond ten years. A suspension of the tax exemption will result in an equivalent period being added to the original ten-year exemption period, or five-year exemption period if the City Council takes action not to extend the exemption period for the second five-year period. This would result in the sunset clause of the ordinance expiring at the end of ten years, or the number of years the exemption was in effect plus any suspension period, whichever is greater, but in no event would the actual number of years of second year tax exemption exceed ten, unless the City Council takes an affirmative action to extend the exemption period beyond ten years, or if the city council takes an action not to extend the exemption period for a second five-year period, the sunset clause of the ordinance would expire at the end of the fifth year, or the
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number of years the exemption was in effect plus any suspension period, whichever is greater, but in no event would the actual number of years of second year tax exemption exceed five. (c) Reinstatement of the tax exemption shall require approval of the City Council.
D. A new business shall not include a construction business involved in the following activities: single-family housing construction (as defined by the 1997 NAICS Industry Code 233210); multi-family housing construction (as defined by the 1997 NAICS Industry Code 233220); manufacturing and industrial building construction (as defined by the 1997 NAICS Industry Code 233310); commercial and institutional building construction (as defined by the 1997 NAICS Industry Code 233320); highway and street construction (as defined by the 1997 NAICS Industry Code 234110); bridge and tunnel construction (as defined by the 1997 NAICS Industry Code 234120); water, sewer and pipeline construction (as defined by the 1997 NAICS Industry Code 234910); power and communication transmission line construction (as defined by the 1997 NAICS Industry Code 234920); plumbing, heating, and air-conditioning contractors (as defined by the 1997 NAICS Industry Code 235110); painting and wall covering contractors (as defined by the 1997 NAICS Industry Code 235210); electrical contractors (as defined by the 1997 NAICS Industry Code 235310); masonry and stone contractors (as defined by the 1997 NAICS Industry Code 235410); drywall, plastering, acoustical, and insulation contractors (as defined by the 1997 NAICS Industry Code 235420); carpentry contractors (as defined by the 1997 NAICS Industry Code 235510); floor laying and other floor contractors (as defined by the 1997 NAICS Industry Code 235520); roofing, siding and sheet metal contractors (as defined by the 1997 NAICS Industry Code 235610); water well drilling contractors (as defined by the 1997 NAICS Industry Code 235810); structural steel erection contractors (as defined by the 1997 NAICS Industry Code 235910); glass and glazing contractors (as defined by the 1997 NAICS Industry Code 235920); excavation contractors (as defined by the 1997 NAICS Industry code 235930); security systems services (except locksmiths) (as defined by the NAICS Industry Code 561621); or a film producer (as defined in Section 21.109 of this Code or the applicable industry code).
5.08.080 Payment dates.
Where not otherwise mentioned in this code as to payment dates, all licenses, including mining tax, dump tax and not otherwise classified, shall be paid quarterly on the first of July, October, January and April of each year, and the delinquency payments, set forth in Section 5.04.300 shall apply from such dates. (Ord. 307 § 1(part), 1977: prior code § 6260).
5.08.090 Nonpayment of business tax; penalty established by resolution.
Penalty for nonpayment of a business license tax shall be established by resolution of the City Council. This penalty provision shall not be construed to preclude or limit the enforcement of the penal provisions of this Chapter.
5.08.100 Refunds; filing claims.
Any business license tax or portion thereof, or any penalty hereafter paid more than once or illegally, erroneously or wrongfully paid, may be refunded; provided that a claim therefor, duly signed by the person paying such fee or penalty, or the authorized representative, agent or attorney, shall have been filed with the city clerk within the applicable time limits set forth in California Government Code § 911.2. Such claims shall be deemed to accrue at the end of the initial or renewal period and shall be processed in the same manner as other claims and demands against the city.
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5.08.110 Audit.
The city clerk or designee shall have the power to audit and examine all books, records, accounts, inventory and onsite operations of persons engaged in business, including examination of both state and federal income tax returns, sales tax returns, or other evidence documenting the gross receipts of persons engaged in business, and, where necessary, all equipment, of any person engaged in businesses in the City, for the purpose of ascertaining the amount of Business License Tax, if any, required to be paid by the provisions hereof, and for the purpose of verifying any statements or any item thereof when filed by any person pursuant to this Chapter. (Ord. 307 § l(part), 1977: prior code § 6261).
5.08.120 Sales tax information.
A. Every person requesting issuance or renewal of a business license, shall upon request submit copies of the most recent sales tax return of such company or, in the alternative, the copies of state and federal income tax returns of such company in order to permit a pre-audit of the proposed licensee's taxable operations within the city.
B. The sales tax return will suffice in cases where the company is taxed on taxable sales; however, the state and federal income tax returns shall be filed in all other cases.
C. The state and federal income tax returns as used in this section, means:
1. In the case of a corporation, page 1 of Form 1120 or 1120S;
2. In the case of a partnership, page 1 of Form 1065;
3. In the case of an individual, page 1 of Schedule C, Form 1040. (Ord. 307 § l(part), 1977: prior code § 6262).
5.08.130 Maintenance and review of records.
A. Licensees must maintain for six years records of gross receipts and other information necessary to calculate the tax. If the city clerk or their designee serves notice of the initiation of an audit, the information pertinent for the years subject to the audit must be maintained until the conclusion of the audit.
B. The city clerk or their designee may, with reasonable notice, inspect the records of the licensee.
C. The city clerk may request the city council to issue an administrative subpoena for records of a licensee or other persons with relevant information.
5.08.140 Administrative procedure to assess or correct tax.
A. If the city clerk or their designee determines that a licensee has incorrectly reported any information to the city or has not paid all or any of the tax, penalties, or interest that are due, the city clerk may, using any information available to the city clerk, issue an initial determination stating what the city clerk or their designee believes to be the correct information and, if new or additional tax, penalties, or interest are due, how much tax, penalties, or interest are due. The initial determination must be served on the
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licensee either personally, electronically, or by U.S. mail to the most recent address for the licensee in the city clerk's records.
B. A licensee affected by an initial determination may, within fifteen (15) days of service, contest the initial determination and request a hearing before the city clerk by filing with the city clerk a written request for a hearing. The further accrual of penalties and interest shall be tolled upon the filing of a request for a hearing. If licensee does not contest an initial determination and requests a hearing with the city clerk within fifteen days of service of the initial determination, the initial determination is final and cannot be appealed.
C. If a licensee contests within fifteen (15) days of service, an initial determination and requests a hearing, the city clerk must set a hearing within thirty (30) days of the filing of the request for a hearing or as soon thereafter as reasonably practical. Notice of the hearing must be served on the licensee either personally, electronically, or by U.S. mail to the most recent address for the licensee in the city clerk's records.
D. At the hearing the licensee may present evidence and argument regarding the initial determination to show why the initial determination is incorrect and to show what the determination of the city clerk should be. Within sixty (60) days after the closure of the hearing or as soon thereafter as reasonably practical, the city clerk must serve a final determination, setting forth the city clerk's determination of the facts and issues that were the subject of the initial determination. The final determination must be served on the licensee either personally, electronically, or by U.S. mail to the most recent address for the licensee in the city clerk's records. Unless an appeal of a final determination is filed under Section 5.04.130, any penalties or interest tolled under Subsection B. of this Section will resume accruing ten (10) days after the service of the final determination.
5.08.150 General administrative remedy.
A. Any person affected by a decision of the city clerk ("the challenger"), except for a decision under Section
5.04.120, may challenge that decision by filing a written objection to the decision with the city clerk. The objection must be filed within fifteen (15) days of the issuance of the decision being challenged. If the city clerk was required to provide notice of the decision, then the time to file an objection to the decision begins to run from the date of service of the notice of the decision. The city clerk must serve a written response to the objection within thirty (30) days of the filing of the objection, which period can be extended by the city clerk for an additional thirty (30) days. The city clerk's response to the objection must be served on the challenger either personally, electronically, or by U.S. mail to the most recent address for the challenger in the city clerk's records.
B. The challenger may request a hearing on the city clerk's response to the objection by filing a request for a hearing with the city clerk within fifteen (15) days of service of the response to the objection. If a timely request for a hearing on a response to the objection is filed with the city clerk, the city clerk must set a hearing within thirty (30) days of the filing of the request for a hearing or as soon as reasonably practical thereafter. Notice of the hearing must be served on the challenger either personally, electronically, or by U.S. mail to the most recent address for the challenger in the city clerk's records.
C. At the hearing the challenger may present evidence and argument regarding the decision being challenged to show why the decision is incorrect and to show what it should be. Within sixty (60) days after the close of the hearing, which the city clerk may extend for an additional sixty (60) days, the city clerk must serve a final determination on the decision, setting forth the city clerk's determination of the
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decision that was challenged. The final determination must be served on the challenger either personally, electronically, or by U.S. mail to the most recent address for the challenger in the city clerk's records.
Service is effective upon deposit of the final determination in the U.S. mail or electronically verified.
5.08.160 Action to collect delinquent taxes.
A. Any tax, penalty, and interest imposed on a licensee under this Chapter is a debt owed by the licensee to the city, which may be recovered in an action filed by the city in a court of competent jurisdiction.
B. An action under this section must be filed within three (3) years of an initial determination becoming final under Section 5.08.130 (B), the issuance of a final determination under Section 5.08.130 (D) that is not appealed, the issuance of a final determination under Section 5.08.140. (C) that is not appealed, or the issuance of a decision under Section 5.12.070.
C. During the pendency of an action filed under this Section, interest will continue to accrue under Section 5.08.150 (B) until the entry of judgment.
D. The city council may by resolution establish a collection fee to be imposed on any licensee against whom an action is filed under this Section, which fee may be recovered in the action.
5.08.170 Errors not binding on the city.
No error by the city clerk or any other officer, employee, or agent of the city in the application of this Chapter shall prevent, prejudice, or stop the collection by or for the city of the full amount of tax owed by any person under this Chapter.
Chapter 5.12 CITY CLERK PERMITS
Sections:
5.12.010 Business tax receipt.
The business tax receipts issued under the authority of Title 5 of this Code are receipts of payment of the business taxes levied on the privilege of carrying on or engaging in a business, profession or occupation under the city's taxing power. The business tax receipts are not regulatory licenses issued under the city's police power. Provisions of a regulatory nature contained in Title 5 of this Code are placed in Title 5 as a matter of convenience only.
Although a separate regulatory business tax receipt is not issued, such provisions are imposed as conditions of an additional regulatory license imposed under the city's police power to regulate businesses, occupations, professions, trades, or callings to protect the public health, morals, safety and welfare.
5.12.020 Businesses not enumerated not relieved from permit procedure.
It is the intention of this chapter to provide special permit procedure for those businesses enumerated in this chapter. The omission of enumeration of other businesses and activities covered in other sections of Chapters 5.04 through 5.16 requiring permits or subject to franchises shall not be deemed or construed as an intention upon the part of the city council to relieve said businesses or occupations from the permit procedure or franchise procedure under which they may be governed pursuant to Chapters 5.04 through 5.16 or state law. (Ord. 91 § 1(h)(part), 1960: prior code § 6271).
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5.12.030 Unlawful businesses denied issuance.
Notwithstanding any other provision of Chapters 5.04 through 5.16, the city clerk shall not issue a permit to anyone to operate or participate in the operation of any business, profession, trade, occupation, service, or activity which is made unlawful by Chapters 5.04 through 5.16, or other ordinances of the city, and state or federal law. (Ord. 91 § 1(h)(part), 1960: prior code § 6272).
5.12.040 Application—Filing—Contents.
The application for any permit required by this chapter shall be filed with the city clerk, shall be signed and verified by the applicant, and shall set forth the following:
A. The name and address of the applicant;
B. The name and address of the person by whom employed, if any; if filed on behalf of a partnership, corporation or association, the names and addresses of the partners or principal officers of such corporation or association;
C. The nature of the business for which a permit is requested; D. The place where such business is to be conducted;
E. A brief description of the nature and amount of equipment to be used in such business; F. The personal description of the applicant;
G. Evidence of the identity of the applicant of such character as the council or city clerk, as the case may be, may require;
H. Fingerprints and thumbprints of applicant only when specifically required. (Ord. 91 § 1(h)(part), 1960: prior code § 6273).
5.12.050 Renewal—Filing—Contents.
A. Starting from the second tax year of operation and for every tax year thereafter, a business must submit its business license renewal application within thirty (30) days from the beginning of the fiscal year.
B. The business license renewal application must include the following information, along with any other details required by the city clerk:
1. The name of the business and the address at which it will be operating.
2. The nature of the business activities is sufficient for the city clerk to determine the business type and/or category.
3. The business gross receipts for the previous tax year.
4. Any other required agency permit(s) or license(s) to conduct the business.
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5.12.060 Granting or refusal.
Except as provided in this chapter, the city clerk, after investigation of the application and after the processing of the application as provided for herein, may grant the permit, provided all the terms and conditions of this chapter are met.
(Ord. 91 § 1 (h)(part), 1960: prior code § 6275).
5.12.070 Issuance denied—Appeal—Hearing.
Any person aggrieved by the action of the city clerk in the refusal to issue a permit as provided in this chapter shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk, within ten days after notice in writing of the action of the city clerk complained of has been received by the applicant or has been mailed to the applicant's last known address, a written statement setting forth in general that an appeal to the city council has been taken from such refusal to issue a permit and setting forth the reasons why the appeal is taken.
The city clerk shall set a time and place for hearing on such appeal before the city council and notice of such hearing shall be given to the applicant by mailing notice, postage prepaid, to the applicant's last known address at least five days prior to the date set for hearing. The hearing shall be set within thirty days following receipt of the notice of appeal. The hearing may be continued from time to time by the city council as it deems necessary. The city council may, in its discretion, grant or refuse the permit, basing its decision upon the public peace, health, safety, morals or welfare.
(Ord. 91 § 1(h)(part), 1960: prior code § 6276).
5.12.080 Posting required—Nontransferability.
Such permit shall be posted in a conspicuous place on the premises where the business for which such permit is issued is conducted and shall remain so posted during the period the permit is in force. No permit issued under this chapter shall be transferable
(Ord. 91 § 1(h)(part), 1960: prior code § 6277).
5.12.090 Revocation or suspension.
Any permit issued pursuant to the terms of this chapter may be revoked or suspended at any time thereafter by the city council in the manner and in accordance with the procedure set forth in Section 5.04.210. (Ord. 91 § 1(h)(part), 1960: prior code § 6278).
5.12.100 Required for certain businesses, professions, trades and occupations—Additional governing rules and regulations.
It is unlawful to conduct the following businesses without having a permit to conduct the same issued by the city clerk pursuant to this chapter. Those businesses, professions, and trades requiring a permit, and additional rules and regulations governing the same, are as follows:
A. AMBULANCES.
1. Ambulance Operator.
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a. Definition. "Ambulance operator" means any person who, for any monetary or other consideration or as an incident to any other occupation and not pursuant to any contract with the county, transports in one or more ambulances to one or more persons from any location in the city to any hospital or other place giving first aid or medical treatment, regardless of the location of such hospital or other place. "Ambulance operator" does not include a person who maintains ambulances for the use of his own employees in connection with the operation by such person of a plant hospital or first aid station for such employees.
b. Permit. The city clerk shall not issue a permit to any ambulance operator unless the applicant first files with him a policy of liability insurance on such ambulances. The minimum amount of recovery for such policy shall not be less than the following sums:
i. For the injury to any one person or the death of any one person in any one accident, ten thousand dollars;
ii. For the injury to two or more persons, or death of two or more persons, or the injury to one person or more, in any one accident, twenty thousand dollars; iii. For the injury or destruction of property in any one accident, five thousand dollars.
c. Insurance Cancellation. The insurance policy required before an ambulance license is issued shall not provide for the cancellation thereof unless it provides that not less than thirty days' written notice of such cancellation shall first be given to the city clerk. d. Rebates. An ambulance operator shall not give, directly or indirectly, or cause to be given, any rebates, commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons, or groups of any nature, except as provided herein. e. Rates-General. An ambulance operator shall charge the following rates, no more, no less, for one patient:
i. Response to call and first mile or fractions thereof, ten dollars; ii. Each additional mile or fraction thereof, one dollar. f. Rates-Additional Patients. An ambulance operator may and shall charge for each additional patient carried at the time one-half of the cost allowed for only one patient. For group loads from the same origin to the same destination, the ambulance operator shall divide the total charges, other than special charges, equally among the patients. g. Rates-Special Handling. In cases requiring special handling or in cases where special services are requested either by the patient or their authorized representative, the ambulance operator, if he separately itemizes such charge in any bill presented to the patient, in addition to the other charges permitted by this chapter, may charge and collect an amount equal to the cost of furnishing such special handling or special services.
2. Ambulance Driver.
a. Definition. "Ambulance driver" means any person who drives an ambulance not pursuant to any contract with the county, in which is transported any person needing medical attention, which person entered or was placed in such ambulance at any location in the city.
b. Permit. The city clerk shall not issue a permit to any ambulance driver unless said ambulance driver, within thirty days after applying for an ambulance driver's permit,
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registers with the American Red Cross and obtains and keeps in their possession a standard Red Cross card.
B. AUTOMOBILE REPAIRERS.
1. Definitions.
a. "Automobile repair shop" means:
i. Any place where motor vehicles of others are repaired for a charge; ii. Any place where the work of repairing motor vehicles is carried on as an incident to the business of selling motor vehicles, or new or used motor vehicles parts, or as an incident to any other traffic in motor vehicles or their parts or equipment.
b. "Automobile repair shop" does not include any place where only the following work is done:
i. Tire changing or tire repairing;
ii. Lamp globe or lamp changing;
iii. Fan belt changing;
iv. The charging or changing of batteries;
v. Work only for an automobile repairer and not the owner of the motor vehicle; vi. Fitting and replacing glass in motor vehicle windows; vii. Cutting and fitting seat covers;
viii. The installation of such minor parts or the making of such trivial repairs as is customarily done as an incident to the business of selling motor fuel, oil or accessories;
ix. Painting and enameling;
x. Body and fender work.
c. "Repairer" means any person who manages, conducts, or runs an automobile repair shop.
2. Records.
a. Wreck or Collision. Every repairer shall keep a record upon forms prescribed by the police department of the repairs on every motor vehicle where there is physical evidence of a wreck or collision.
b. Repairs. Every repairer shall keep a record upon forms prescribed by the police department of every repair of a motor vehicle for which a charge of five dollars or more is made. c. Secondhand Parts. Every repairer shall keep a record upon forms prescribed by the police department of the name and address of every person from whom secondhand parts were obtained. Such person shall sign such records. The repairer should require such persons to sign such records.
d. Serial Numbers. Every repairer shall keep a record on forms prescribed by the police department, of all motor changes, frame changes, body changes, and the serial and factory numbers of all radios which he installs.
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e. Inspection. For a period of not less than one year after the completion of the work, a repairer shall make available to inspection by the police department, or by any other peace officer during business hours, all records required by this subsection.
3. Itemized Statements. Upon the demand of such person, a repairer shall furnish an itemized statement of parts and labor used in repairing any motor vehicle of the charges made therefor to:
a. The legal owner of such motor vehicle;
b. The registered owner of such motor vehicle;
c. The insurer of such motor vehicle or of the legal or registered owner or operator thereof.
4. Use of Secondhand Parts. Whenever a repairer uses any secondhand parts in repairing or altering any motor vehicle, such repairer should inform the person for whom he is performing such repair or alteration and shall also state upon any bill rendered and upon any record required by this subsection.
5. Signs. Every repairer maintains upon the front of their place of business a sign displaying in plainly legible letters their name or any fictitious name under which he conducts their business.
6. License Revocation. In addition to other reasons, the city council may revoke the license of any repairer upon any of the following grounds:
a. The conviction of the repairer or their agent, servant, or employee of theft or other unlawful taking of any motor vehicle or motor vehicle part; b. The mutilation or alteration of any engine number or serial number of any motor vehicle; c. The misstatement of work done, among other things including:
i. The installation of old parts and charging for new ones, ii. Charging for parts not installed;
d. Conspiracy with any person to defraud the owner of any motor vehicle or any person financially interested in the cost of repair of any motor vehicle; e. Making any false statement relating to the repair, storage or towing of any motor vehicle.
C. Cafe, Food Establishment, Public Eating Place or Hawker.
1. Definitions.
a. "Cafe," "food establishment," and "public eating place" means and includes every restaurant, public school, lunchroom, tearoom, coffee shop, soda fountain, public boardinghouse, hotel, club, beer parlor, barroom, cocktail lounge, and every other public place where food or beverages are sold or served and are to be consumed by the public upon the premises. Public eating place also includes all places where sandwiches, lunches, and food or drinks of any and all kinds are prepared for sale or gift to the public, whether sold or given or consumed on the premises where prepared, or not. b. "Hawker" means any person who proclaims their wares, including liquids or edibles for human consumption, on the street or property adjacent thereto, the articles for sale being contained in or on a wagon, box, vehicle, platform, rack, basket, or carried by the person, except milk, bottled water, ice or bakery distributors rendering the service of delivering their product to regular customers.
2. Health Permit.
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a. Required. The city clerk shall not issue a permit to any cafe, food establishment, caterer, public eating place, or hawker unless the business has and keeps in effect a permit from the health officer for the conducting of the business.
b. Application Requirements and Fee. Each applicant for a health permit pursuant to this subsection shall pay a fee upon the filing of the application with the city clerk in the amount established by resolution of the City Council. The application shall be filed with the city clerk and shall meet all the terms and requirements of this chapter and shall contain any additional information and evidence as required by the health officer. c. Issuance. The application shall thereafter be referred to the health officer for processing and reporting to the city clerk. If the city health officer approves the issuance of a permit, the city clerk shall, upon payment of the business license as provided in Chapter 5.08, issue a permit to the applicant.
3. County Health License. Where the applicant has a valid unexpired county health license, the city clerk and the health officer may agree, if they find that the public health will be protected, to accept that license in lieu of an application and issuance of an additional license by the city. No business license shall be issued by the city clerk to any person for any cafe, food establishment, public eating place, or hawker, unless the applicant first presents to the city clerk either a current valid or unrevoked city or county health permit, or both, as determined by the city clerk and health officer, aforesaid, or evidence in writing that without the performance of any further condition by the applicant, such a permit will issue.
D. Locksmith.
1. Definition. "Locksmith business" means the business, trade, or occupation of making, fashioning, or duplicating keys for locks or similar devices, or constructing, reconstructing, repairing or adjusting locks, or opening or closing locks for others by mechanical means other than the regular keys furnished for that purpose by the manufacturer of the locks.
2. Application—Information. Every application for a locksmith permit may in addition contain such additional information as the city clerk deems necessary. The city clerk shall consult from time to time with the police department concerning the additional information necessary for the application.
3. Application—Processing. All such applications shall be forwarded to the police department for a report and/or recommendations by the police department. If the police department reports to the city clerk recommending that the permit be denied, the city clerk must deny the issuance of the permit.
E. Solicitors.
1. Permit—Required. All persons soliciting, as defined in Section 5.08.370, and not coming within the definition of peddlers, as set forth in Section 5.08.330, shall, before soliciting the sale of goods and services, as defined therein, have a valid unexpired permit to do so issued by the city clerk as provided for in this subsection.
2. Application—Information. In addition to the requirements set forth in Section 5.12.040, the applicant shall set forth the following:
a. Name and permanent home address of each solicitor;
b. Length of time for which right to do business is desired; c. The name and address of the employer or the person, firm or corporation for whom the solicitor is performing their services;
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d. The name and address of the person, firm or corporation where further development, consummation or completion of the services performed by the solicitor will be done, the proposed method of delivery to the purchaser or consumer, and the length of time within which the delivery will be made;
e. The nature of the type of soliciting to be performed; in other words, whether the soliciting is for the sale of goods and, if so, the general description of the type of goods to be sold, or whether the soliciting is for the sale of services to be performed in the future and, if so, the type of services sought to be sold, and the time and place for possible future performance; f. Two photographs of the applicant taken within sixty days immediately prior to the filing of the application, which picture shall be two inches by two inches showing the head and shoulders in a clear and distinguishing manner.
3. Application—Fee. Every person filing an application for a solicitor's permit under this subsection shall file with the application a fee in the amount established by resolution of the City Council, which shall not be refundable under any circumstances. This fee is in addition to the fee required by Section 5.08.360. The purpose of the application fee is to help defer the cost of the investigation of the applicant. The fee provided in this subdivision shall be in lieu of the fee set forth in Section 5.12.050.
4. Investigation. Upon receipt of the application, a copy thereof shall be transferred to the license investigation and report concerning the applicant's business and moral character, for the protection of the public. If, as a result of such investigation, the applicant's character or business responsibility is reported to be unsatisfactory and such is endorsed upon the application with the reason thereof being stated, the city clerk shall notify the applicant that their application is rejected and that no license will be issued. If, on the other hand, as a result of such investigation, the business responsibility and character of the applicant are found to be satisfactory, such fact shall be endorsed upon the application and returned to the city clerk who shall, upon payment of the fee described in Section 5.08.360, issue and deliver to the applicant their license.
5. Permit—Contents. Each permit shall show the name and address of each solicitor permittee and have attached thereto a picture of the permittee, in addition to other matters which business permits require to show pursuant to the provisions of Chapters 5.04 through 5.16.
F. Car Dealers. A permit shall not be granted to any car dealer, both new and used, unless he has a dealer's certificate issued pursuant to the provisions of the State Vehicle Code, unless he has otherwise complied with all requirements of state law. A permit issued to a car dealer is good only as long as he has their certificate or other permit required by state law and shall be automatically revoked without notice should such certificate or permit be revoked or at any time such car dealer does not have such a permit or certificate.
G. Secondhand Dealers.
1. Permit. The city clerk shall not issue a permit to any secondhand dealer unless and until the application for such permit has been approved by the police department. The application fee for such permit shall be established by resolution of the City Council, shall be in lieu of the fee set forth in Section 5.12.050.
2. Reports.
a. Every secondhand dealer so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney. b. A secondhand dealer, other than a used car dealer, shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing obtained in such
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business until fourteen days after making a report to the police department, on forms provided that such article, goods, wares, merchandise or thing has been purchased or received by such dealer.
H. Junk Dealers.
1. Permit. The city clerk shall not issue a permit to any junk dealer unless and until the application for such permit has been approved by the police department. The application fee for such permit shall be established by resolution of the City Council,, shall be in lieu of the fee set forth in Section 5.12.050.
2. Reports. Every junk dealer so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney.
I. Swap Meets.
1. Permit. The city clerk shall not issue a permit to any swap meet operator unless and until the application for such permit has been referred to the police department for investigation and a report on such investigation has been received from the police department. The application fee for such permit shall be established by resolution of the City Council, shall be in lieu of the fee set forth in Section 5.12.050.
2. Reports. Every swap meet operator so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney.
J. Trade-In Dealer.
1. Definition. "Trade-in dealer" means any person engaged in the business of selling at retail new goods, wares, and merchandise, who, in conjunction with such business, sells or offers to sell any secondhand goods, wares, or merchandise received as payment, or part payment, for new goods, wares or merchandise, except used tires or used batteries which are taken as full or as part payment for new tires or new batteries, and who sells no other secondhand goods, wares or merchandise.
2. Reports—Required. On or before the tenth day of every calendar month, every trade-in dealer shall either personally deliver or mail to the city clerk a complete report of all goods, wares, merchandise or other things received as trade-ins which have a serial number, frame number, motor number or other identifying number or letter, or group of letters. This subsection does not require a report of the receipt of any goods, wares, merchandise, or other thing which:
a. Have no identifying number or letter or group of letters; or b. Was originally sold new by the same trade-in dealer; or c. Are used tires or used batteries taken as trade-ins for new tires or new batteries.
3. Reports—Forms. Every trade-in dealer so licensed shall be required to keep and make reports on such forms as may be required by the chief of police and approved by the city attorney.
K. Advertising by Distributing Handbills.
L. Advertising by Posting.
M. Advertising by Searchlight.
N. Advertising by Banner, Pennants, Flags or Decorations.
O. Automobile Rental.
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1. Records. Every person conducting the business of renting motor vehicles without drivers shall keep a record of all rentals on a form to be prescribed by the police department and approved by the city attorney.
2. Rental Restrictions. A person shall not rent any motor vehicle without a driver unless the person who is to operate such vehicle exhibits to the lessor a valid existing operator's license or chauffeur's license permitting such operator to operate such vehicle upon the public streets and highways of the state. All information required by the police department appearing upon such license shall be taken from such license. A license issued pursuant to this section to conduct the business of renting motor vehicles without drivers does not permit the sale of such vehicle.
P. Charitable Solicitations. See Section 5.08.360.
Q. Key Duplicator.
1. Definition. "Key duplicator" means every person not principally engaged in the locksmith business as defined in subsection E of this section, who in their place of business duplicates keys for locks or similar devices.
R. Advertising by Sound Trucks.
S. Pawnbrokers.
1. Definitions.
a. "Pawnbroker" means any person engaged in any one or more of the following businesses:
i. Pawnbroking;
ii. Lending money for himself or any other person upon personal property, pawns or pledges in the possession of the lender;
iii. Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase.
b. "Pawnshop" means any room, store, building or other place in which the business of pawnbroker is engaged , carried on, or conducted.
2. License Application. The city clerk shall not issue a license to any pawnbroker unless and until the application for such license has been approved by the police department.
3. Reports. Every pawnbroker so licensed shall be required to keep and make reports on such forms as may be required by the police department and approved by the city attorney.
T. Rubbish, Waste, and Garbage Collection and Transportation.
1. License Required. Every person operating one or more trucks in the business of collecting, transporting, conveying, hauling, or disposing of any rubbish, garbage, waste or refuse from the property where such materials originate, to any other location for transfer, salvage or disposal within or outside of the city, where such acts are not being carried on or conducted pursuant to a franchise or contract granted or entered into by the city, shall, before so conducting such business, apply to the city clerk as provided in this chapter and meet the other requirements and conditions of Chapters 5.04 through 5.16. The city clerk shall determine that said requirements and conditions are met before issuing a license.
2. Householder's Exclusion. Householders hauling occasional loads of waste, refuse or manure not containing garbage from their own premises to a legal point of disposal shall be excepted from the provisions of Chapters 5.04 through 5.16.
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3. Gardener's Exclusion. This subsection does not apply to hauling and disposal of grass cuttings, pruning, manure or other rubbish not containing garbage to or at a legal point of disposal as a part of gardening or horticulture.
U. Vending and Other Coin-Operated Machines.
1. Applicants to Set Forth Location. In addition to the requirements of this chapter, each owner or operator of a vending or other coin-operated machine shall report to the city clerk the location or place of each machine and give the city clerk a complete description of the type of machine so located, and the type of amusement, service, entertainment, goods, wares, merchandise, edibles or liquids supplied by the machine. Such a machine shall not be moved from this location unless the applicant files a written statement with the city clerk to relocate the machine.
2. Coin-Operated Games of Skill. Coin-operated machines of the so-called games of skill nature shall not be installed unless a permit to do so has been obtained from the city council and a previous report received from both the city attorney and police department as to whether or not such machine would be legal under state and local ordinances, and also as to the feasibility of licensing such a machine.
V. Collection Agencies. The city clerk shall not issue a permit to any collection agency or collection company unless and until the applicant for such license has filed with the city clerk, in a form approved by the city attorney, a policy of insurance or undertaking inuring to the benefit of any person or persons who may be damaged or injured by any action of such licensee. The minimum obligation under such policy of insurance or undertaking shall be the sum of five thousand dollars for the licensee, and the sum of five thousand dollars for each agent and employee thereof.
W. Auctioneers.
1. Bond. The city clerk shall not issue a license unless and until the applicant has filed a faithful performance bond with the city clerk, substantially as follows:
"AUCTIONEER'S BOND
KNOW ALL MEN BY THESE PRESENTS:
"That we ___________, as Principal, and ___________ and ___________, As Sureties, are held and firmly bound, both jointly and severally, in the sum of Five Thousand Dollars, lawful money of the United States, unto the City of Irwindale, a municipal corporation, and to every person, firm or corporation, insuring any of them against any loss or damage that may result to any person, firm or corporation who is aggrieved or damaged by any act of the principal as auctioneer or by any of their employees in violation of or contrary to any provision of Section
5.12.100 of the Irwindale Municipal Code, or by the fraud or other misdealing of any kind by the principal or by any employee of the principal. This undertaking is not void upon the first recovery but may be sued upon and recovered upon from time to time by any person aggrieved until the whole penalty is exhausted in the full sum of $5,000 lawful money of the United States of America, for the payment of which well and truly to be made we hereby bind ourselves and our heirs, and each of our successors and assigns, jointly and severally, firmly by these presents.
"The conditions of this obligation are such that, whereas, the said principal has applied or is about to apply to the City Clerk of the City of Irwindale for a license to engage in the business of auctioneer in accordance with the provisions and requirements of said Section 5.12.100.
"NOW, THEREFORE, if the said principal shall faithfully abide by and conform to the provisions of Section
5.12.100 of the Irwindale Municipal Code and neither said principal nor any of their employees cheats, defrauds, or otherwise injures any customer of said principal, then this obligation shall be void; otherwise this obligation shall remain in full force and effect until the full penalty thereof is exhausted and any person suffering damage by
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reason of a violation of any of the conditions of the obligation by the principal therein named or any of their employees, may sue and recover thereon in it’s or their own name. "The liability of the sureties upon this bond shall be and remain in full force and effect for the full period of the license issued to the principal herein named and thereafter upon any liability incurred by the principal during such period as long as he or she remains liable thereon. Discharge in bankruptcy of the principal shall not relieve the sureties of any incurred liability.
"IN WITNESS WHEREOF the said principal and the said sureties have caused these presented to be duly signed this _____ day of ___________, 20___, to be effective ___________ and to expire ___________.
Principal
Surety
Surety"
X. Automobile Towing Services. The city clerk shall require a permit pursuant to this chapter in addition to a business license for any person engaged in the business of automobile towing services. Such permit shall be denied by the city clerk if, upon investigation, it appears that such person either as principal or managing employee is not of good moral character.
(Ord. 166 § 2, 1965; Ord. 91 § 1(h)(part), 1960: prior code § 6279). (Ord. No. 677, § 2, 5-14-14)
Chapter 5.20 CRIMINAL HISTORY INFORMATION
Sections:
5.20.010 Authority to access and utilize.
The following officers are authorized to access and utilize criminal history record information when it is required for them to fulfill employment, certification or licensing duties as specified in Section 5.20.020:
A. City manager;
B. Human resource manager;
C. Chief of police.
(Ord. 308 § 1(part), 1977: prior code § 6243).
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5.20.020 Certain applicants disqualified for conviction of felony—Right of appeal.
A. Conviction (including pleas of guilty and nolo contendere) of a felony shall be prima facie disqualification of an applicant for municipal employment or an applicant for the following city licenses or permits:
1. Adult businesses;
2. Massage parlors.
B. An applicant who is thus prima facie disqualified for employment, licensing or permit, may make an appeal in writing to the employing, licensing, or certifying agency or officer. The agency or officer shall consider the following factors and shall render a decision on whether the appeal should be upheld, which decision shall be final and conclusive:
1. The classification to which the person is applying or which the person is employed, including its sensitivity;
2. The nature and seriousness of the conduct;
3. The circumstances surrounding the conduct;
4. The date of the conduct;
5. The age of the applicant at the time of the conduct;
6. Contributing to social or environmental conditions;
7. The absence or presence of rehabilitation or efforts at rehabilitation. (Ord. 308 § 1(part), 1977: prior code § 6244).
5.20.030 Disqualification of applicants for peace officer or firefighter positions.
Notwithstanding the provisions of Section 5.20.020, an applicant for a peace officer or firefighter position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony. (Ord. 308 § 1(part), 1977: prior code § 6245).
Chapter 5.24 CHARITABLE AND RELIGIOUS SOLICITATIONS4
Sections:
5.24.010 Definitions.
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them as follows:
A. "Charitable" means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported.
B. "Contributions" means and includes the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property. 4* For statutory provisions on charitable solicitations, see Bus. and Prof. Code § 17510 etseq.
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C. "Manager" means the city manager.
D. "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof.
E. "Promoter" means any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organizes a campaign of solicitation.
F. "Religious" and "religion" do not mean and include the word "charitable" as defined in this section but shall be given their commonly accepted definitions.
G. 1 "Solicit" or "solicitation" means the request, directly or indirectly, of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose as those purposes are defined in this chapter. These words also mean and include the following methods of securing money, credit, property, financial assistance or other thing of value on the plea or representation that will be used for a charitable or religious purpose as defined in this section:
a. Any oral or written request;
b. The distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication;
c. The making of any announcement to the press, over the radio, by telephone or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering which the public is requested to patronize or to which the public is requested to make a contribution for any charitable or religious purpose connected therewith;
d. The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the name of any charitable or religious person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable or religious purpose.
2. A "solicitation" as defined in this subsection shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section.
(Ord. 140 § 1(part), 1963: prior code §§ 4700-4700.7).
5.24.020 Permit—Required—Exemptions.
No person shall solicit contributions for any charitable or religious purpose within the city without a permit from the manager authorizing such solicitation; provided, however, that the provisions of this section shall not apply to:
A. Any established person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary gain of any person, if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such established person;
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B. Any person, firm or corporation organized and operated exclusively for religious or charitable purposes, which organization has continuously had its principal place of worship or principal offices located in the city for more than five consecutive years. (Ord. 140 § 1(part), 1963: prior code § 4701).
5.24.030 Permit—Application—Filing—Contents.
An application for a permit to solicit as provided in Section 5.24.020 shall be made to the manager upon forms provided by the city. Such application shall be sworn to and filed with the manager at least fifteen days prior to the time at which the permit applied for becomes effective; provided, however, that the manager may for good cause shown allow the filing of an application less than fifteen days prior to the effective date of the permit applied for.
The application required in this section shall contain the following information or, in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:
A. The name, address or headquarters of the person applying for the permit; B. If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitations, certified to as a true and correct copy of the original by the officer having charge of the applicant's records; C. The purpose for which such solicitation is to be made, the total amount of funds proposed to be raised thereby, and the use or deposition to be made of any receipts therefrom; D. A specific statement, supported by reasons and, if available, figures, showing the need for the contributions to be solicited;
E. The names and addresses of the person or persons by whom the receipts of such solicitations shall be disbursed;
F. The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation;
G. An outline of the method or methods to be used in conducting the solicitations; H. The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation;
I. The estimated cost of the solicitation;
J. The amount of any wages, fees, commissions, expenses or emoluments to be expended or paid to any person in connection with such solicitations, and the names and addresses of all such persons; K. A financial statement for the last preceding fiscal year of any funds collected for charitable or religious purposes by the applicant, said statement giving the amount of money raised, together with the cost of raising it, and final distribution thereof;
L. A full statement of the character and extent of the charitable or religious work being done by the applicant within the city;
M. A statement to the effect that if the permit is granted, it will not be used or represented in any way as an endorsement of the city or by any department or officer thereof; N. Such other information as may be reasonably required by the manager in order for him to determine the kind and character of the proposed solicitation;
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O. In addition, any application for a permit to solicit for charitable purposes shall contain a statement that the actual cost of solicitation will not exceed twenty-five percent of the total amount to be raised. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the manager in writing within twenty-four hours after such change. (Ord. 140 § 1(part), 1963: prior code § 4702).
5.24.040 Permit—Application—Fee.
Any application for permit to solicit for charitable purposes shall be accompanied by a fee as established by resolution of the City Council to cover the cost of investigation. Said fee shall be payable to the city. Where no investigation is required to ascertain the truth of the facts set forth in the application or whether solicitation would be a fraud on the public, the fee may be waived.
(Ord. 140 § 1(part), 1963: prior code § 4703).
5.24.050 Permit—Application—Investigation.
The manager shall examine all applications filed under Section 5.24.030 and shall make, or cause to be made, such further investigation of the application and the applicant as the manager deems necessary in order for him to determine whether or not the statements made in the application are true and whether or not the solicitation requested would be a fraud on the public. Upon request by the manager, the applicant shall make available for inspection by the manager, or any person designated in writing by the manager as their representative for such purpose, all of the applicant's books, records and papers at any reasonable time before the application is granted, during the time a permit is in effect, or after a permit has expired. (Ord. 140 § 1(part), 1963: prior code § 4704).
5.24.060 Permit—Granting or denying.
A. In the case of an application for a permit to solicit for religious purposes, if the manager finds that any of the statements made in the application are not true, or that the proposed solicitation would be a fraud on the public, he shall deny the application, otherwise, he shall grant the same.
B. In the case of an application for a permit to solicit for charitable purposes, if the manager finds that all of the statements made in the application are true, that the proposed solicitation would not be a fraud on the public, that the cost of raising the funds will be reasonable, that the solicitation is prompted solely by the desire to finance the charitable cause described in the application and will not be conducted primarily for private profit, and that the solicitation will not unreasonably conflict with any other charitable solicitation within the city, he shall grant the application within such time limits and subject to such other conditions as he may reasonably impose.
C. The manager shall file in their office for public inspection and shall serve upon the applicant by registered mail a written statement of their findings of fact and their decision upon each application. (Ord. 140 § 1(part), 1963: prior code § 4705).
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5.24.070 Permit—Time limit—Form—Granting not endorsement by city.
Time limit on permits issued under this chapter shall bear the name and address of the person by whom the solicitation is to be made, the number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute any endorsement by the city or by any of its departments, officers or employees of the purpose of or of the person conducting the solicitation. All permits must be signed by the manager. No permit to solicit for religious purposes may grant the right to solicit longer than ninety days from its date, but the manager may extend such permit for not more than ninety additional days upon a showing that unnecessary hardship would be created by a failure to extend the original ninety-day period for such additional days. No permit to solicit for charitable purposes shall grant the right to solicit for such purpose for more than thirty days during any calendar year.
(Ord. 140 § 1(part), 1963: prior code § 4706).
5.24.080 Permit—Nontransferable—Return upon expiration.
Any permit issued under this chapter shall be nontransferable and shall be returned to the city manager within two days of its date of expiration, together with all facsimile copies thereof. (Ord. 140 § 1(part), 1963: prior code § 4707).
5.24.090 Permit—Revocation.
Any permit issued may be revoked if the permittee is not operating in accordance with the application pursuant to which such permit was issued or if further activity of the permittee would operate to defraud the public. Such revocation may be made by a registered letter signed by the city manager and directed to the address of the applicant as stated upon the application pursuant to which the permit was issued. The permit shall become null and void on and after the third day from the date after which said letter is deposited in the United States Post Office in the city.
(Ord. 140 § 1(part), 1963: prior code § 4709).
5.24.100 Permit—Denial or revocation—Appeal to city council—Hearing.
Within five days after receiving notification by registered mail that their application for a permit to solicit has been denied, or within five days after receiving notification by registered mail that their permit to solicit has been revoked, the applicant or permittee may appeal such denial or revocation to the city council by filing a written notice of appeal with the city clerk. In case of such appeal, the city council shall conduct a public hearing thereon and make such investigation as it may direct and thereafter may take any action upon an application which the manager could have taken in the first instance, and it may either approve or set aside the revocation of a permit.
The decision of the city council in such cases shall be final. (Ord. 140 § 1(part), 1963: prior code § 4710).
5.24.110 Agents and solicitors for permit holders—Credentials required—Contents—Filing required.
A. All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors for such solicitation. Such credentials shall include the name of the permit holder, the
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date, a statement describing the holder's charitable or religious activity, a description of the purpose of the solicitation, the signature of the permit holder or of the holder's chief executive officer, and the name, address, age, sex and signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. A copy of such credentials must be filed with the manager at the time the application for a permit is filed and must be approved by him as conforming to the requirements of this section before such permit is issued. No person shall solicit under any permit granted under this chapter without the credentials required by this section and a facsimile copy of the permit in their possession. The credentials and said facsimile copy of the permit must be shown, upon request, to all persons solicited and to any police officer of the city.
B. No agent or solicitor shall solicit contributions for any charitable or religious purpose for any person unless such person has been granted a permit under the provisions of this chapter. (Ord. 140 § 1(part), 1963: prior code § 4708).
5.24.120 Report required from permit holder.
It shall be the duty of all persons issued permits under this chapter to furnish to the manager, within thirty days after the solicitation has been completed, a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, including a detailed report of the wages, fees, commissions, and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for public inspection at the manager's office at any reasonable time; provided, however, that the manager may extend the time for the filing of the report required by this section for an additional period not to exceed ninety days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available to the manager, or to any person designated in writing by the manager as their representative for such purpose, all books, records, and papers whereby the accuracy of the report required by this section may be checked.
(Ord. 140 § 1(part), 1963: prior code § 4711).
5.24.130 Fraudulent misrepresentation and misstatements prohibited.
No person shall directly or indirectly solicit contributions for any purpose by misrepresentation of their name, occupation, financial condition, social condition or residence, no person shall make or perpetrate any false statement, misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the city, or in any application or report filed under this chapter. (Ord. 140 § 1(part), 1963: prior code § 4712).
Chapter 5.28 TAXICAB SERVICE
Sections:
5.28.010 Purpose.
The purpose of this chapter is to provide rules and regulations governing the operation and permitting of taxicab companies and drivers, and taxicab stands. The further purpose of this chapter is to serve as the taxicab transportation service policy of the city as required to be adopted by California Government Code § 53075.5(b). (Ord. 506 § 1(part), 1996).
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5.28.020 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
"City manager" means the city manager of the city of Irwindale or a designee thereof. "Driver" means any person driving a taxicab either as owner or under the direction, employment, control, or service of the owner as herein defined.
"Owner" means every person having control, whether by a ten percent or greater ownership interest, lease or otherwise of any taxicabs for hire.
"Person" means and includes both singular and plural, and means and includes any individual, firm, corporation, association, partnership, or society, exclusive of public agencies. "Taxicab" means any vehicle which is used to provide taxicab service as defined in this chapter. "Taxicab service" means any public passenger transportation service available for hire on call or demand over the public streets of the city where the service is not provided over a defined route but between such points and over such routes as may be directed by the person(s) hiring the same, and irrespective of whether the operations extend beyond the area of the corporate limits of the city. "Taxicab stand" and "stand" means a portion of the street designated by the city for the use of taxicabs while waiting for employment.
(Ord. 506 § 1(part), 1996).
5.28.030 Permit required for taxicab service or taxicab stand.
It is unlawful for any person to engage in the business of operating, or causing to be operated any taxicab service, or maintaining any taxicab stand within the city without having a permit to do so under the provisions of this chapter.
(Ord. 506 § 1(part), 1996).
5.28.040 Application for annual taxicab service or taxicab stand permit.
Any person desiring to obtain a permit to operate a taxicab service or maintain a taxicab stand under this chapter, or to renew a permit, shall submit a written application to the city manager on an application form provided by the city manager. Applications shall be signed under penalty of perjury and shall contain the following information:
A. Name, residence address and telephone number of the applicant; B. Business name, address and telephone number of the applicant; C. Number of vehicles to be operated under the permit;
D. The make, type, year, manufacturer, license and VIN numbers, and passenger seating of the vehicles to be used by the applicant, together with evidence satisfactory to the city manager that each taxi proposed to be utilized has been safety inspected within a period of time satisfactory to the city manager, and otherwise complies in all respects with any and all applicable laws, rules, and regulations;
E. The proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle, if any, and legend thereon;
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F. Evidence satisfactory to the city manager of having procured public liability insurance of not less than one million dollars for each person killed or injured and not less than two million dollars for death or injury of any two or more persons in any one accident, and for damage to property of at least one million dollars from any one accident;
G. Legal and registered ownership of the vehicles to be used by the applicant; H. Prior experience of the applicant in the taxicab business including the details of any prior denial, revocation or suspension by any public agency of any type of taxicab service or taxicab driving permit, license or certificate;
I. A description of any and all felony convictions occurring within the previous five years of the applicant and of all persons having ten percent or greater ownership interest in the proposed taxicab service; J. Rates to be charged to the public throughout the term of any permit issued; K. Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering any and all drivers to be utilized by the applicant should a taxicab service permit be issued;
L. Evidence that the applicant has complied with the provisions of California Government Code § 53075.5(b)(3) pertaining to preemployment and periodic testing of drivers for controlled substances and alcohol, and with provisions therein pertaining to payment for drug and alcohol testing programs and relating reporting requirements;
M. Evidence that the public interest, convenience and necessity justify the issuance of a permit; N. If the applicant desires a taxicab stand upon a public street within the city, he shall so state in their application and shall set forth the names and respective addresses of all lessees, sublessees, and owners in actual or constructive possession of the ground floor of any building or parcel of real property contiguous to that portion of street where the taxicab stand is proposed to be located. The applicant shall also accompany the application with the written consent of all said lessees, sublessees, and owners of said building or parcel of real property to the location of such taxicab at the proposed location. The signatures of such lessees, sublessees, and owners shall be acknowledged before a duly commissioned notary public.
(Ord. 506 § 1(part), 1996).
5.28.050 Issuance of taxicab service or taxicab stand permits.
A. Except as hereinafter provided, upon the furnishing of all of the information required by Section 5.28.040 and payment of the required fee, the city manager shall determine whether or not the applicant has satisfied all requirements of this chapter and, further, whether or not the public interest, convenience and necessity justify the issuance of the permit. If the city manager finds that all requirements of this chapter have been satisfied and that the public interest, convenience and necessity justify issuance of the permit, a taxicab service or taxicab stand permit shall be issued, which shall be valid for one year. Any applicant denied a permit, or renewal of same, shall be notified in writing of such denial and the grounds upon which such denial is based.
B. In determining the adequacy of public need and necessity, the burden of proof shall rest with the applicant, and the following factors shall be considered:
1. The adequacy or inadequacy of existing taxi services;
2. The population density and socio-economic characteristics in the proposed area of operation;
3. Type and frequency of transportation service needed in the proposed area of operation;
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4. Existing public transportation patterns, schedules and service levels and the impact of the application upon such service;
5. Traffic and parking conditions;
6. The probable permanence and quality of the services offered by the applicant;
7. The quality and character of taxi service proposed by the applicant as demonstrated by the proposed use, if any, of a radio communications system, the proposed use of terminals and city approved private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles;
8. The financial status, character and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record and evidence of liability and worker's compensation insurance in such form and amount as required in this chapter;
9. The experience of the applicant in taxicab service operations as an owner, manager or taxi driver, as described in Section 5.28.040H of this chapter;
10. In the case of an application for a taxicab stand, the location of the proposed stand and whether or not it will or will not congest or interfere with travel on any street or is prohibited by any ordinance of the city or any state or federal law.
C. Upon receipt of an application and prior to making a determination of public interest, convenience and necessity, each holder of a city-issued taxicab service permit shall be notified in writing that an application has been filed, and that written comments thereon may be made to the city manager within five business days.
D. The city manager may determine that a hearing on an application is required in order to adequately preserve and promote public health, safety and welfare, whereupon such hearing shall be scheduled to occur within thirty days of receipt of a complete application.
(Ord. 506 § 1(part), 1996).
5.28.060 Grounds for denial or revocation of taxicab service or taxicab stand permit.
Taxicab service permits may be denied or revoked on the following grounds:
A. Failure to maintain vehicles in good and safe order and in compliance with all laws; B. Any false statement made on an application submitted under this chapter; C. Failure to pay any fees as required under this chapter; D. Repeated and persistent violations by the permittee or the permitholder's drivers of the traffic laws of the city, county or state;
E. Employment of a driver who does not have a valid taxicab drivers permit issued pursuant to this chapter;
F. Violations of or failure to satisfy any requirements contained in any of the provisions of this chapter by the permitholder;
G. Charging rates in excess of the amounts stated in the permit application;
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H. Conviction of a felony within five years of the date of application where such felony involved fraud or dishonesty by the applicant with respect to any member of the public, or where any taxi owned or operated by the applicant was used in connection with the commission of any felony; I. In the case of a permit for a taxicab stand, the location of the stand tends to congest or interfere with travel on any street or has become prohibited by any ordinance or state or federal law. (Ord. 506 § 1(part), 1996).
5.28.070 Permit fees.
A. Every person engaging in or carrying on the business of taxicab service, engaged in the activity of driving a taxicab, or maintaining a taxicab stand shall pay an annual permit fee as established by resolution of the city council. Required fees shall be paid at the time an application for a permit is submitted under this chapter.
B. Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination. Any renewal of a permit issued under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit, except as otherwise herein provided. A person holding a taxicab service permit may not drive a taxicab without also possessing a taxicab drivers permit. Permits issued under this chapter may not be transferred to any other person or entity and every taxicab service permittee shall provide written notification to the city manager of termination of any taxicab driver. (Ord. 506 § 1(part), 1996).
5.28.080 Taximeters—Required.
A. Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified.
B. Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the city or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the city until such taximeter has been correctly adjusted and certified by the county division of weights and measures. (Ord. 506 § 1(part), 1996).
5.28.090 Taxicab drivers permit required.
A. It is unlawful for any person to accept any person as a passenger in a taxi within the city or otherwise provide transportation services by taxi beginning in the city, without having a current taxicab drivers permit issued pursuant to this chapter.
B. Notwithstanding subsection A of this section, the city manager or designee may accept current taxicab driver permits issued by another city or county where such city's or county's permitting requirements meet the minimum standards of this chapter and, in the city manager's discretion, provide for the safety of the
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residents of the city. In such case, a taxicab driver may operate with that permit while it is current, in lieu of a permit issued by the city.
(Ord. 506 § 1(part), 1996).
5.28.100 Application for a taxicab drivers permit or permit renewal.
A. Any person desiring to obtain a taxicab drivers permit or to renew the same shall submit a written application to the city manager. The application shall provide requested information, under penalty of perjury, on application forms supplied by the city manager, as follows:
1. Pertinent personal data and proof of possession of a valid Class 3 driver's license issued by the state of California;
2. Physical condition affecting driving ability;
3. Driving record for three years prior to application including, but not limited to, any and all convictions of any provisions of the California Vehicle Code;
4. The date and nature of any and all criminal convictions of the applicant for the previous five years;
5. Summary of experience in driving motor vehicles, taxis and/or other vehicles for hire;
6. The name and address of the taxicab service by which the applicant will be employed.
B. Each applicant shall provide a passport-size photograph and shall be fingerprinted by the Irwindale police department, and a criminal records check shall be conducted on the applicant. The applicant will be required to pay the police department's established fees for such services in addition to the taxicab drivers permit fee.
A driver obtaining a permit renewal need not be fingerprinted and photographed if the police department determines that such is not necessary for permitting purposes.
C. Each applicant must provide evidence at the time of submitting the application that the applicant is currently employed, or has been offered employment, by a city-authorized taxicab service, or that the applicant is currently or will be self-employed as an independent taxicab driver.
D. Each applicant shall provide written evidence satisfactory to the city manager that, within one year of the date of submitting a complete permit application, he/she has tested negative for controlled substances, as required by California Government Code Section 53075.5(b)(3). If the application is for permit renewal, the applicant shall provide written evidence of having tested negative for controlled substances and alcohol within the previous year, as required by Government Code Section 53075.5(b)(3). Requirements for rehabilitation, return-to-duty, follow-up testing and related requirements in the event of positive test results, shall be as set forth in Title 49, Section 382.101, et seq., of the Code of Federal Regulations or any successor provisions thereto.
(Ord. 506 § 1(part), 1996).
5.28.110 Grounds for denial or revocation of taxicab drivers permit.
A taxicab drivers permit may be denied or revoked on the following grounds:
A. The driver does not possess a valid Class 3 driver's license issued by the state of California, or any other permit or license required by law;
B. The driver has been convicted of a crime within the last five years which involved:
1. Fraud or dishonesty with respect to any member of the public,
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(Supp. No. 17)
2. Driving while under the influence of alcohol or drugs,
3. Injuries to any member of the public as a result of such driver's operation of a taxi,
4. Any assault or battery, or other violent behavior against any person,
5. The sale of illegal drugs;
C. The driver has been convicted of driving a taxicab recklessly within the preceding two years; D. The driver has repeatedly and persistently violated the traffic law of the city, county or state; E. Within the last five years:
1. The driver has driven any passenger in a taxicab which was not in compliance with any rule or regulation related to safety, or which the driver knew or should have known was not in good order and repair,
2. The driver has violated any of the provisions of this chapter,
3. The driver has charged any person more than the established rate for taxicab service,
4. The driver has had any permit to operate a taxicab revoked; F. The driver has made a false statement on an application submitted under this chapter; G. The driver is required to register under Section 290 of the Penal Code of the state of California; H. The driver has been convicted of a violent felony at any time, and the city manager has reasonable cause to believe that such driver continues to constitute a threat to public health, safety or welfare; I. The driver is not at least eighteen years of age;
J. The driver failed to satisfy any of the requirements of Section 5.28.100 of this chapter; K. Within the previous year, the driver failed to test negative at any time for a controlled substance or alcohol, as specified in California Government Code Section 53075.5(b)(3). (Ord. 506 § 1(part), 1996).
5.28.120 Issuance of taxicab drivers permit.
A. If the city manager finds that the applicant is duly qualified and in compliance with the provisions of this chapter, and there are no grounds for denial, the applicant shall be issued a taxicab drivers permit. Any applicant denied a permit shall be given written notice of the reasons for the denial. Permits shall remain the property of the city and are not transferable to any other driver. The taxicab drivers permit shall set forth the driver's and employer's name and working address. The permit shall bear the driver's picture and shall be displayed while the driver is operating the taxicab so as to at all times be easily visible from the passenger's compartment.
B. Upon payment of all required fees, submittal of the required application and proof of completion of fingerprinting and photographing, the city manager shall issue a temporary taxicab drivers permit which shall be valid for up to sixty days if the applicant certifies under penalty of perjury that there are no grounds for denying the applicant a permit under any provisions of this chapter. A temporary taxicab drivers permit may be terminated by the city manager at any time by written notification of termination to the permittee if an investigation by the city manager reveals that grounds for denial of a permit exist under any provision of this chapter. Any temporary permit shall automatically terminate upon the issuance of a regular taxicab drivers permit to the applicant after the completion of the police department's investigation.
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C. A taxicab drivers permit shall become void upon the driver's termination of employment, whereupon the driver shall immediately return the taxicab drivers permit to the city manager. (Ord. 506 § 1(part), 1996).
5.28.130 Requirements applicable to taxicab drivers.
Each taxicab driver:
A. Shall keep an accurate, legible record of all passengers carried, the pickup and drop off points, and the date and time carried. This record shall be available for up to one year for review by the city manager; B. Shall not, when otherwise available for hire, refuse to transport anyone requesting a ride excepting under the following circumstances:
1. The transportation requested is such that the driver may not legally accept such passenger,
2. The driver has reasonable cause to believe that the proposed passenger will refuse to pay, or cannot pay the fare, or
3. The proposed passenger is drunk, disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger;
C. Shall wear a distinctive uniform with an emblem, badge or insignia, and similar color scheme identifying the driver's association with a permitted taxicab service; D. Shall keep the taxicab in good mechanical condition and in compliance with any and all applicable rules and regulations;
E. Shall charge only those rates as have been approved by the city council in writing; F. Shall keep the taxicab in a clean and sanitary condition; G. Shall participate in periodic testing for controlled substances and alcohol, and report the results thereof, as specified in Government Code Section 53075.5(b)(3); H. Shall not permit any person to operate a taxicab unless such person is an employee of the taxicab service and has a taxicab drivers permit;
I. Shall not stop for or accept any passenger except within an authorized taxicab stand or other area authorized by the city; or where the taxicab driver has driven a passenger to a particular location and is waiting for such passenger; or when picking up a passenger who has contacted the taxicab driver's employer and requested taxicab service;
J. Shall drive passengers to their destination by the most direct practical route, unless specifically directed otherwise by such passengers;
K. Shall, when engaged, provide current passengers with exclusive right to use the passenger compartment, without picking up additional passengers, unless otherwise expressly permitted by a permit of the city;
L. Shall not drive or operate any taxicab for more than twelve hours spread over a total of sixteen consecutive hours, or operate or drive any taxicab, after having been on duty, either operating or driving a taxicab, or in any office or garage of the holder of any taxicab permit under this chapter, or at any taxicab stand, or any combination of such acts, for more than twelve consecutive hours spread over a total of sixteen consecutive hours. Nor shall any taxicab driver drive or operate any taxicab unless such driver has had at least eight consecutive hours of rest, while not on duty, within the last
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preceding twenty-four hours, during which eight consecutive hours he shall have performed no acts or duties in connection with the taxicab business.
(Ord. 506 § 1(part), 1996).
5.28.140 Appeal procedures.
Any applicant denied a permit pursuant to this chapter may appeal such denial to the city council by providing a written notice of appeal within ten business days of permit denial, stating reasons why the permit should be granted. The city council may hear appeals directly or in its sole discretion may appoint a hearing officer to hear any appeal and make a recommendation to the city council. Upon receipt of a timely, written request for appeal, the city clerk shall set a hearing to occur within forty-five days before the council or designated hearing officer. The city council shall render a decision with written findings within thirty days of the conclusion of the hearing. (Ord. 506 § 1(part), 1996).
5.28.150 Revocation of permits.
Any permit granted pursuant to the provisions of this chapter may be revoked following a hearing before the city council or its designated hearing officer, for violation of any of the provisions of this chapter, or of any other ordinance of the city, or any state or federal law, or upon the occurrence or existence of any facts upon which any permit could be denied pursuant to this chapter, whether or not such facts existed at the time the application for the permit was made. Where deemed necessary due to an immediate threat to public health, safety or welfare, a permit may be immediately revoked pending a hearing as provided for herein.
Notice of such hearing shall be given to the permittee in writing and served at least ten business days prior to the date of the hearing thereon. The notice shall state the grounds for revocation and shall designate the time and place where such hearing will be held. The notice shall be served upon the permittee by delivering the same personally or by leaving such notice at the permittee's place of business or residence in the city. In the event the permittee's business or residence address is not within the city, or the permittee otherwise cannot be found, then service of such notice shall be served by first-class mail addressed to the permittee at their residence or place of business, at least ten business days prior to the date of the hearing. The decision of the city council or its designated hearing officer shall be final.
Any permittee having revoked any permit issued pursuant to this chapter, may not again apply for a similar permit for six months following the effective date of such revocation. (Ord. 506 § 1(part), 1996).
5.28.160 Exemptions.
This chapter shall not apply to public transportation service being performed pursuant to a contract with the city or with any other public entity in this state.
(Ord. 506 § 1(part), 1996).
5.28.170 Change of rates—Application—Hearing.
Should an owner of a taxicab service desire to change their schedule or rates, he/she shall make written application to the city council to do so. Upon receiving such application, the city council shall conduct a public hearing upon the application and shall give the applicant at least ten days written notice of the time and place of
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such hearing. Upon hearing, the city council shall determine whether the rates shall be changed, and shall have the right to deny the application, or may make such change as it determines the facts warranty. The decision of the city council shall be final and conclusive.
No owner or driver of any taxicab within the city shall charge any rate different from the schedule of rates on file and approved by the city council.
(Ord. 506 § 1(part), 1996).
5.28.180 Taxicab stand—Location—Marking.
The city manager shall designate in any permit granted the exact location of the approved taxicab stand. Such permit shall also specify the exact number of feet and location of any parking or stand space reserved for the taxicab stand, which reserved space may be at any time changed, diminished or increased by the city manager.
Every approved taxicab stand shall be indicated by paint in such color as is required or permitted, by state law, painted upon the entire curb surface. The words "taxicabs only," in white letters, shall be set forth on such painted curb surface.
(Ord. 506 § 1(part), 1996).
5.28.190 Taxicab stand—Joint use.
Any taxicab stand that is approved may be used jointly by any two or more persons holding permits under this chapter, by the mutual consent of the persons, which consent must be first reduced to writing, properly signed, and filed with the city clerk.
(Ord. 506 § 1(part), 1996).
5.28.200 Taxicab stand—Change of location.
No taxicab stand location shall be changed without obtaining a permit from the city council after application, as provided in this chapter.
(Ord. 506 § 1(part), 1996).
5.28.210 Parking and standing—Time limit.
No owner or driver of any taxicab shall park or stand the same upon any public street in the city, other than at a taxicab stand for which the owner has a permit, for any period of time longer than is necessary to discharge passengers then waiting for the taxicab; provided further, that a taxicab shall in no case be parked for a period longer than five minutes on any street within the city, except in a taxicab stand for which the owner has a permit.
This section shall not apply to any taxicab while the same is engaged in and being paid for by a passenger. (Ord. 506 § 1(part), 1996).
5.28.220 Failure to use stand—Revocation of permit.
In the event that any person holding a permit to operate and maintain a taxicab stand should fail for a period of two consecutive weeks to use such taxicab stand for permitted taxicabs, such taxicab stand permit may be revoked by the city council after a hearing as provided in this chapter.
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(Supp. No. 17)
(Ord. 506 § 1(part), 1996).
5.28.230 Parking vehicle in stand prohibited.
No person shall park any vehicle in any taxicab stand unless such vehicle is a permitted taxicab. (Ord. 506 § 1(part), 1996).
5.28.240 Time for compliance.
Each currently permitted taxicab service or taxicab driver performing service within the city on the effective date of the ordinance codified in this section shall have sixty days from the effective date hereof to provide written evidence that:
A. Such taxicab service is in compliance with the provisions of California Government Code Section 53075.5(b)(3) pertaining to preemployment and periodic testing of drivers for controlled substances and alcohol; or
B. That such taxicab driver has, within the previous year, tested negative for a controlled substance or alcohol, as specified in said Government Code section.
Each taxicab service and taxicab driver performing service within the city on the effective date of the ordinance codified in this section shall, concurrent with the expiration of each respective permit, apply for and obtain a taxicab service or taxicab driver permit, in accordance with the chapter enacted hereby. (Ord. 506 § 2, 1996).
Chapter 5.32 STATE VIDEO FRANCHISES5
Sections:
5.32.010 Definitions.
A. For the purposes of this chapter "CPUC" shall mean the California Public Utilities Code.
B. For the purposes of this chapter "franchise holder" shall mean a "holder of a state franchise" as that term is defined at section 5830 of the CPUC.
C. For the purposes of this chapter "gross revenues" shall have the definition as set forth at Section 5860 of the CPUC.
(Ord. No. 643, § 1, 8-11-10)
5Editor's note(s)—Ord. No. 643, § 1, adopted August 11, 2010, repealed the former Chapter 5.32, §§ 5.32.010—
5.32.500, and enacted a new Chapter 5.32 as set out herein. The former Chapter 5.32 pertained to cable television franchises and derived from Ord. No. 507, 1996. * For statutory provisions on community antenna television systems, see Gov. Code § 53066 et seq.
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(Supp. No. 17)
5.32.020 State Video Franchise.
A. Any franchise holder operating within the boundaries of the city, shall calculate and remit to the city a franchise fee of five percent of its gross revenues in accordance with the following:
1. The fee shall be payable to the city quarterly no later than June 1, September 1, December 1 and March 1 for the preceding calendar quarter for which the payment is due. However, in accordance with CPUC Section 5860(a) the first remittance by a franchise holder shall not be due until one hundred and eighty days after the provision of service began.
2. As required by Section 5860(h) of the CPUC, the payment shall be accompanied by a summary explaining the basis for the calculation of the franchise fee.
3. Per Section 5860(h) of the CPUC, if the franchise holder does not pay the franchise fee when due, the franchise holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent . (Ord. No. 643, § 1, 8-11-10)
5.32.030 Audit authority.
Not more than once annually, the city manager or their designee may examine and perform an audit of the business records of any franchise holder to ensure compliance with Section 5.32.020 or any other fee or tax as permitted by law.
(Ord. No. 643, § 1, 8-11-10)
5.32.040 Customer service penalties.
A. Any franchise holder shall, at minimum, comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.
B. The city manager or their designee will provide a franchise holder with written notice of any material breach of applicable customer service and protection standards and will allow the franchise holder at least thirty calendar days from the receipt of the notice to remedy the specified material breach. A material breach that is not remedied by the franchise holder within the remedy period shall subject the franchise holder to the following penalties to be imposed by the city:
1. For the first occurrence of a material breach, a penalty of not more than five hundred dollars for each day of each material breach, not to exceed one thousand five hundred dollars ($for each occurrence of a material breach.
2. For the second violation of the same nature within twelve months, a penalty of one thousand dollars for each day of each material breach, not to exceed three thousand dollars for each occurrence of the material breach.
3. For a third or further violation of the same nature within twelve months, a penalty of two thousand five hundred dollars for each day of each material breach, not to exceed seven thousand five hundred dollars for each occurrence of the material breach.
C. The franchise holder may appeal any imposition of penalties to the city council. Any appeal must be made within thirty calendar days of the city's delivery of the notice regarding the imposition of penalties. All appeals must be submitted in writing to the city clerk to be placed on the city council agenda for consideration. Any appeal must contain a detailed explanation of why the applicant believes that the finding of material breach or the imposition of penalties was inconsistent with statutory requirements or authority.
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(Supp. No. 17)
D. The city council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty.
The city council's decision on the imposition of a penalty shall be final.
E. The city and any franchise holder may mutually agree to extend the time periods specified herein. Any such agreement shall be in writing and executed by the city manager, or their designee, and an authorized representative of the franchise holder.
F. Any penalty imposed on the franchise holder pursuant to this section shall be paid to the city. As provided for in Section 5900(g) of the CPUC, the city shall submit one-half of all penalties received from a franchise holder to the digital divide account established in Section 280.5 of the CPUC. (Ord. No. 643, § 1, 8-11-10)
5.32.050 City response to franchise holder applications.
A. Applicants for state video franchises within the boundaries of the city must concurrently provide complete copies to the city of any application or amendments to applications filed with the CPUC. One complete copy must be provided to the city clerk.
B. Within thirty days of receipt of any documents described in subsection A above, the city manager will provide any appropriate comments to the CPUC regarding an application or an amendment to an application for a state video franchise.
(Ord. No. 643, § 1, 8-11-10)
5.32.060 Indemnification and insurance requirements for state franchisees.
A. Defense of Litigation.
1. The franchise holder shall at the sole risk and expense of franchise holder, upon demand of the city, made by and through the city attorney, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought or instituted or had by third person or duly constituted authorities, against or affecting the city, its elected officers, boards, commissions, agents or employees, and arising out of or pertaining to the exercise or the enjoyment of such state video franchise.
2. The franchise holder shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made or issued against the franchise holder, the city, its elected officers, boards, commissions, agents, or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise; provided, that neither the franchise holder nor city shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding, without first obtaining the written consent of the other.
3. Insurance Required. Upon being granted a state franchise, the franchise holder shall file with the city attorney and shall thereafter during the entire term of the installation and/or occupation in the public rights-of-way with any of the franchise holder's equipment and maintain in full force and effect at its own cost and expense, each of the following policies of insurance:
a. General comprehensive liability insurance in the amount of one million dollars, together with bodily injury liability insurance in an amount not less than one million dollars for injuries including accidental death, to any one person, and subject to the same limit for each person in an amount not less than five hundred thousand dollars on account of any one occurrence, and
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property damage liability insurance in an amount not less than one hundred thousand dollars resulting from any one occurrence; provided, however, as follows:
b. The city shall be named as an additional insured in any of such insurance policies; and c. Where such insurance is provided by a policy which also covers the franchise holder or any other entity or person, it shall contain the standard cross-liability endorsement which excludes crossliability suits. (Ord. No. 643, § 1, 8-11-10)
5.32.065 Undergrounding.
A. In those areas and portions of the city where the transmission or distribution facilities of both the public utility provided telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the franchise holder shall likewise construct, operate and maintain all of its transmission and distribution facilities underground.
B. When the franchise holder's conduits and other facilities are not being installed underground, the franchise holder shall utilize its existing poles, conduits or other facilities (collectively, "system") to the extent feasible, as reasonably determined by the city engineer, and shall remove all portions of the above-ground system which will no longer be utilized. In addition, all facilities which are installed above ground shall utilize antigraffiti surfaces.
C. Should the city undertake a program to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the city, upon reasonable notice to a franchise holder utilizing poles, conduits or other above-ground facilities, any such conduits or other facilities of the franchise holder shall be constructed, installed, placed or replaced beneath the surface of the streets. Any construction, installation, placement, replacement or changes which may be so required shall be made at the expense of the franchise holder, whose costs shall be determined as in the case of public utilities." (Ord. No. 643, § 1, 8-11-10)
5.32.070 Compliance with other codes.
All franchise holders shall comply with all other applicable laws including Chapter 12.04 this code, if applicable.
(Ord. No. 643, § 1, 8-11-10)
Chapter 5.36 REGULATION OF ENTERTAINMENT*
Sections:
* Prior ordinance history: Ord. 476 § 1, 1993.
5.36.010 Permit required.
No person, firm, partnership, corporation or business entity shall operate, conduct or manage any place or premises open to the public as a place of entertainment or property or location that provides any form of entertainment, as defined in Section 5.36.020 of this chapter, without first obtaining an annual permit as provided
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for in this chapter. Entertainment permits hereunder shall be in addition to any other permit, license or entitlement required by this code or other law.
(Ord. 597 § 1(part), 2006).
5.36.020 Definitions.
As used in this chapter, the following words and phrases shall be defined as follows:
"Entertainment" means every form of live entertainment, music, solo band or orchestra, act, play, burlesque show, cabaret, fashion show, style show, review, pantomime, scene, song, dance, act, song and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons or the use of a radio or other electronic playback device providing music for dancing by patrons or guests.
The following is included in the term "entertainment": The presence of any performer, dancer, employee, agent, model or other person, collectively and individually referred to as "Entertainer," in any place of entertainment who engages in any specified sexual activity (as that term is defined in Section 9.53.020 of this code) not otherwise prohibited by local, state or federal law, or who exposes any specified anatomical part (as that term is defined in Section 9.53.020 of this code) not otherwise prohibited by local, state or federal law, or who performs in attire commonly referred to as pasties or G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. "Owner" or "permit holder" or "permittee" means any of the following:
1. A sole proprietor or individual(s) who own(s) or operate(s) a place of entertainment;
2. All general partners of a partnership which owns or operates a place of entertainment;
3. All persons who hold a controlling interest in a corporation, or other limited liability entity which owns or operates a place of entertainment;
4. All persons issued a permit by the city.
"Place of entertainment" means any business establishment or concern open to members of the public, with or without charge, in which entertainment is offered or performed. (Ord. 597 § 1(part), 2006).
5.36.030 Exclusions.
The provisions of this chapter shall not be deemed to require a permit for the following:
A. For the use of a radio, record or compact disc player, jukebox, television or other electronic playback device in any establishment, except when utilized by an announcer or disc jockey who at any time provides any form of vocal entertainment, including the announcing of song titles or artists' names in conjunction therewith;
B. For entertainment conducted in connection with a regularly established motion picture theatre, public park, primary or secondary schools, circus or fairground; C. For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable, educational or literary purposes, having established membership, and which holds meetings at regular intervals of not less than once every three-months,
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when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association.
(Ord. 597 § 1(part), 2006).
5.36.040 Application for permit.
Applicants for entertainment permits shall file a written, signed and verified application with the city manager, or their designee, showing:
A. The name and permanent address of applicant, a California driver's license number and any and all aliases;
B. The enterprise name and/or any other business name, and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residential address of each of the officers, directors, and each stockholder owning ten percent of the stock of the corporation or more. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including limited partners;
C. The name under which the entertainment enterprise is to be operated; D. The telephone number of the enterprise, and the address and legal description of the parcel of land on which the enterprise is located;
E. A detailed description of the proposed entertainment, including the type of entertainment, number of persons engaged in the entertainment, anticipated occupancy, and any further information about the entertainment or entertainers, which may be necessary in light of the proposed entertainment; F. A site plan describing the building and/or unit proposed for the entertainment establishment and a fully dimensioned interior floor plan;
G. The date, hours, total duration of the event, and location where the entertainment is proposed to be conducted, and the admission fee, if any, to be charged; H. The name or names of the person or persons responsible for the management or supervision of applicant's business and residence address thereof;
I. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business;
J. Whether or not the applicant or any person or persons responsible for the management or supervision of the applicant's business have been, within the previous five years, convicted of a felony, the nature of such offense, and the sentence received therefor, including conditions of parole or probation, if any; K. Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency;
L. A statement under oath that the owner has personal knowledge of the information contained in the application and that the information contained is true and correct; M. A statement that the owner has read and understands the provisions of this chapter; N. A statement whether the owner previously operated in this or any other county, city or state under an entertainment establishment license/permit or similar business license/permit, including, but not limited to, an adult business license/permit, and whether the owner has ever had such a license or
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(Supp. No. 17)
permit revoked or suspended, the reason therefor, and the business entity or trade name under which the owner operated that was subject to the suspension or revocation; O. If the premises are being rented or leased or are being purchased under contract, a copy of such lease or contract shall accompany the application;
P. Such other reasonable information which may be necessary in light of the proposed entertainment. (Ord. 597 § 1(part), 2006).
5.36.050 Investigation.
A. Upon receiving an application for an entertainment permit, the city manager or designee shall conduct an investigation to determine if the proposed business is in compliance with the provisions of this chapter. The city manager or designee shall, within thirty calendar days of receipt of a complete permit application, approve and issue the permit if all the requirements of this chapter have been met. If the city manager or designee determines that the application does not satisfy the requirements of this chapter, he or she shall deny the application.
1. The applicant shall be served with written notice within ten business days of the decision. Notice shall be personally served or served by deposit in the United States mail, first class postage prepaid, at the address shown on the application. Service shall be deemed complete upon personal service or deposit in the United States Post Mail.
2. The city manager or designee shall take all lawful steps to insure that any applicant whose permit has been denied pursuant to this section shall be afforded prompt judicial review of the city manager's or designee's decision to deny the permit.
B. Standards for Approval of Permit. The city manager or designee shall approve and issue an entertainment permit if the application and evidence submitted show that:
1. The place of entertainment is proposed to be located in a zone permitting the proposed use under Title 17 of this code;
2. For up to fifty patrons, at least one security guard will be on duty, patrolling, among other areas, the grounds and parking areas at all times while the business is open. An additional security guard shall be on duty for every additional fifty patrons on the premises. The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard;
3. Notwithstanding subsection (B)(2) of this section, all persons conducting a public dance or any entertainment where dancing by patrons or customers is permitted shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. However, the provisions of this section apply only to establishments or premises where a dance floor or dance area in excess of one hundred square feet is available or designated for dancing by customers or patrons;
4. The premises within which the entertainment is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property or public right-of-way or within any other building or other separate unit within the same building, nor should any noise violate Chapter 9.28 of this code;
5. All entertainment described within Section 5.36.020 of this chapter complies with the additional regulations in Section 5.36.055 of this chapter;
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(Supp. No. 17)
6. All signage conforms to the standards applicable to the zone;
7. Every place of entertainment shall have a manager on the premises at all times when entertainment is performed;
8. The place of entertainment must not operate or be open between the hours of two a.m. and seven a.m.
(Ord. 597 § 1(part), 2006).
5.36.055 Additional regulations.
The following regulations shall apply to all "entertainment" as defined in Section 5.36.020 of this chapter:
A. If the place of entertainment is licensed to serve alcoholic beverages, the permittee shall abide by the rules and regulations set forth in the California Department of Alcoholic Beverage Control and the regulation of alcoholic beverage establishments as provided for in this code; B. Stage or entertainment areas shall not be open to view from outside the premises; C. All areas of the place of entertainment accessible to patrons shall be illuminated at a minimum of two foot-candles, evenly distributed at ground level;
D. No permit shall be valid for more than a one-year period of time. (Ord. 605 § 2, 2006; Ord. 597 § 1(part), 2006).
5.36.060 Appeals from action of city manager.
A. If an applicant is aggrieved by any action or failure to act upon the part of the city manager or designee in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the city council by filing with the city clerk a statement addressed to the city council setting forth the facts and circumstances regarding the action or failure to act on part of the city manager or designee.
B. The right to appeal to the city council from the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen business days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the city manager or designee and of their right to appeal such action to the city council.
C. The hearing shall be held within twenty business days of receipt by the city clerk of the appeal, or at the next regularly scheduled city council meeting, whichever is sooner.
D. After the application has been set for hearing, notice shall be given, per applicable requirements, of proposed or actual location of the applicant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the most recent equalized assessment roll prepared by the county of Los Angeles. Additionally, the city manager or designee shall cause a public notice to be posted at the location where the business or entertainment is to be conducted. All notices provided for in this section shall be in the form and manner as prescribed by the city manager or designee. The applicant shall bear all costs and expenses in mailing, printing and posting such notices and shall pay such costs to the city prior to the time set for public hearing on the pending application.
Failure to pay such costs by the applicant shall be grounds for denial of the application. The costs to the applicant shall be provided for in the city's fee schedule.
E. At the time and place set for public hearing as to any application, and as may be continued from day to day, the city council shall hear and determine all the facts and evidence relevant to the applicant and supervisory
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employees, as well as the entertainment proposed, including the nature and location of the proposed entertainment.
F. The city council may preside over the hearing on appeal or, alternatively, appoint a hearing officer to conduct the hearing, receive relevant evidence, and submit to the city council findings and recommendations to be considered by the city council.
G. The city council shall render its decision within five business days from the date of the hearing or, in the event that a hearing officer has been appointed, within five business days from the date the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final.
(Ord. 597 § 1(part), 2006).
5.36.080 Denial of application.
At the conclusion of the hearing or investigation, such decision shall be set forth in a resolution making necessary findings which shall be adopted within thirty calendar days after such decision is rendered. The city manager, or designee, or, on appeal, the city council, may deny such application if it is found and determined that any of the following exist:
A. The premises or establishment are likely to be operated, or is operating, or has been operating, in an illegal, improper or disorderly manner;
B. The applicant or any other person associated with him or her as principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any obscene show of any kind, or of a felony, or has had any approval, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment, revoked within the preceding five years; C. That granting the application would create a public nuisance; D. That the normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood;
E. The applicant has made any false, misleading, or fraudulent statement of material fact in the required application, or other document provided to the city;
F. That the applicant has not or cannot meet the standards of approval as required by any code, law, statute or regulation, including, but not limited to, the requirements of this chapter or the city zoning code.
(Ord. 597 § 1(part), 2006).
5.36.090 Conditions imposed on permit.
The city manager, or designee, or the city council on appeal, in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as may be required pursuant to Section 17.80.040 of this code.
(Ord. 597 § 1(part), 2006).
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5.36.100 Suspension or revocation of permit.
A. After notice and hearing pursuant to Section 5.36.060 of this chapter, the city manager, or designee, may suspend or revoke any permit granted pursuant to this chapter if he or she finds and determines that any permittee, agent or employee thereof, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial authority of, or on behalf of, the permittee or any entertainer acting under the authority of such permit:
1. Made any false, misleading or fraudulent statement of material fact in the application for permit, or other document provided to the city;
2. Violated any provision of this chapter or any statute, ordinance, or condition relating to the permitted activity;
3. The permittee has ceased to meet the requirements for issuance of permit, including, but not limited to, the violation of any rules, regulations or conditions imposed upon the permittee's business or permit;
4. Is convicted of a felony;
5. Convicted of a misdemeanor occurring upon, or relating to the premises or lot upon which the place of entertainment is located, which offense is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
6. If, on two or more occasions within a twelve-month period, a person or persons has or have been convicted of a felony or misdemeanor for an offense set forth in subsection (A)(5) of this section as a result of such person's activity on the premises or property on which the place of entertainment is located, and the person or persons were employees, contractors or agents of the place of entertainment at the time the offenses were committed;
7. If the permit holder or their authorized agent has knowingly allowed prostitution, or solicitation for prostitution, on the premises;
8. Conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public, including, but not limited to, music or noise from the establishment, for which the permit was issued, which interferes with the peace and quiet of the neighborhood; or
9. Demonstrated a lack of fitness to be trusted with the privileges granted by such a permit.
B. The decision of the city manager, or designee, shall be set forth in a statement of decision, which shall be adopted within thirty calendar days of the date of such decision and shall be final unless appealed in accordance with the provisions of Section 5.36.060 of this chapter. (Ord. 597 § 1(part), 2006).
5.36.110 Fees.
The fee for an entertainment permit shall be as set forth by resolution of the city council, payable annually on or before the anniversary date of each and every year after the original permit is approved. Such permit shall be in addition to any business license, or other permits or fees which may be required by the city code.
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(Ord. 597 § 1(part), 2006).
5.36.115 Permits nontransferable.
No entertainment permit shall be sold, transferred, or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter null and void. A permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. The permit shall be valid only for the exact location specified in the permit.
(Ord. 597 § 1(part), 2006).
5.36.120 Time for filing application.
All persons engaged in providing entertainment in the city prior to the effective date of the ordinance codified in this chapter shall be subject to the provisions of Chapter 17.76 of this code. (Ord. 597 § 1(part), 2006).
5.36.130 Public nuisance.
Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and may be abated pursuant to Section 1.12.040 of this code, and further constitutes a misdemeanor subject to the provisions of Section 1.12.010 of this code. (Ord. 597 § 1(part), 2006).
5.36.140 Alternative.
In the event that any prohibition set forth in this chapter is held to be invalid or unenforceable by a court of competent jurisdiction, such prohibition shall be severed from this chapter, the remainder of which will remain in full force and effect.
(Ord. 597 § 1(part), 2006).
Chapter 5.37 REGULATION OF SIDEWALK VENDOR
OPERATING REQUIREMENTS*
Sidewalk vendors shall comply with the following standards and conditions:
1. Sidewalk vendors shall maintain at all times while vending a valid vending permit, a valid business license in accordance with Chapter 5.04 Irwindale Municipal Code, and any other permit(s) or license(s) required by the city or other governmental agencies. A current, valid business license shall be in plain view to the vending cart. Vendors of food or food products shall in addition, in plain view to the vending cart, a current, valid Los Angeles County Department of Public Health letter grade and a certification sticker indicating that it is a permitted food facility.
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2. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
3. No sidewalk vendor shall distribute any item from the vending cart in a manner that causes any person to stand in the street.
4. Sidewalk vendors shall not offer, provide, rent, or sell a service that is defined neither as merchandise nor food.
5. Sidewalk vendors should maintain a clearly designated trash receptacle in the immediate vicinity of the vending cart, marked with a sign requesting use by patrons. Prior to leaving any vending location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a 25- foot radius of the vending location.
6. Sidewalk vendors shall maintain and possess at all times while vending proof of liability insurance in the amount required by the city.
7. Sidewalk vendors of food or food products shall possess and display in plain view on the vending cart a valid health permit from the Los Angeles County Department of Public Health.
8. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
9. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property. No sidewalk vendor shall erect, place, or maintain any tent, canopy or other temporary shelter (excluding one umbrella) in the public right-of-way, a park, or a sidewalk.
10. All food and merchandise shall be stored inside of or affixed to the vending cart, or carried by the sidewalk vendor, and cannot be stored, placed, or kept on any public property.
11. No sidewalk vending cart or other vending equipment shall be left unaccompanied, stored, parked, or left overnight on any public property or public right-of-way.
12. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
13. All vending carts shall be accompanied during all hours of operation by at least one individual whose name and contact information has been previously provided to the city.
14. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor's person, and shall not be electrical, flashing, wind-powered or animated.
15. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that fall on public property. No liquid can be discharged, including water, grease, oil, etc., onto or into city property, including but not limited to streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.
16. No sidewalk vending operation shall be used or have at or near the vending cart natural gas, batteries or any other explosive or hazardous material, barbeque grills or other equipment that utilizes an open flame or that burns wood or charcoal. The use and storage of propane in any sidewalk vending operation shall be in accordance with all applicable rules, regulations, and approvals designed to protect the health, safety, and welfare of the sidewalk vendor, patrons, and general public.
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17. Excessive smoke, odors, and other air quality nuisances are prohibited.
18. Amplified sound-making devices, including but not limited to loudspeakers and public address systems, are prohibited.
19. Alcoholic beverages, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or cannabis, live animals, counterfeit merchandise, and any food or merchandise that requires a conditional use permit or other land-use entitlement cannot be sold.
20. Use of an electrical outlet or power source that is owned by the city without consent from the city is prohibited.
21. Sidewalk vendors may not barricade or otherwise set a perimeter around a vending area to obstruct the free movement of pedestrians or cyclists, block the path of a person, or obstruct the free movement of vehicles, bicycles, or parked vehicles.
Chapter 5.38 REGULATION OF MOBILE FOOD FACILITY
OPERATING REQUIREMENTS*
Mobile food facility operators shall comply with the following standards and conditions:
1. Mobile food facility operators shall obtain and maintain at all times while vending a valid vending permit, a valid business license in accordance with Chapter 5.04 IRWINDALE Municipal Code, and any other permit(s) or license(s) required by the city or other governmental agencies. A current, valid business license sticker shall be affixed to the back of the mobile food facility. Vendors of food or food products shall in addition affix to the lower left-hand side of the windshield a current, valid Los Angeles County department of public health letter grade and a certification sticker indicating that it is a permitted food facility.
2. Lettering showing the mobile food facility operator's or owner's name, business address, and telephone number shall be permanently affixed to both sides of the mobile food facility in a conspicuous place. The lettering shall at all times be visible, shall not be less than four inches in height, and shall be in contrast to the color of the background upon which it is placed.
3. The mobile food facility shall not obstruct pedestrian or vehicular traffic.
4. Vending is prohibited on the exposed street or traffic side of the mobile food facility. No food, food products, goods, or merchandise shall be distributed from the mobile food facility in a manner so as to cause any customer or potential customer to stand in that portion of the street that is open to other vehicles.
5. No part of a mobile food facility or any other equipment or furniture related to the operation of the mobile food facility shall encroach onto a public sidewalk.
6. Mobile food facility operators shall maintain a clearly designated trash receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons. Prior to leaving any vending
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location, the vendor shall pick up, remove, and dispose of all trash generated by the vending operations within a 25-foot radius of the vending location.
7. Mobile food facility operators shall maintain and possess at all times while vending proof of liability insurance in the amount required by the city.
8. Mobile food facility operators shall comply with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; the Americans with Disabilities Act of 1990 and other disability access standards; and traffic, parking, and California Vehicle Code provisions.
9. No mobile food facility shall become a permanent fixture on the vending site or be considered an improvement to real property.
10. The mobile food facility shall be located on surfaces paved with concrete, asphalt or another impervious surface. No liquid can be discharged, including water, grease, oil, etc., onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food facility operator.
11. Excessive smoke, odors, and other air quality nuisances are prohibited.
12. Amplified sound-making devices, including but not limited to loudspeakers and public address systems, are prohibited.
13. Alcoholic beverages, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or marijuana cannot be sold.
14. Use of an electrical outlet or power source that is owned by the city without consent from the city is prohibited.
15. No mobile food facility operators shall use existing parking spaces on the site for customer queuing, tables, chairs, portable restrooms, signs, and/or any other ancillary equipment. Operators shall not barricade or otherwise set a perimeter around a vending area to obstruct the free movement of pedestrians or cyclists, block the path of a person, or obstruct the free movement of vehicles, bicycles, or parked vehicles.
16. A mobile food facility should be operated within 200 feet of travel distance of an approved and readily available toilet and handwashing facility to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period.
17. All signage and advertising related in any way to the mobile food facility must be attached to the mobile food facility, and should not be electrical, flashing, blinking, wind-powered or animated.
IRWINDALE CITY COUNCIL CHAMBERS MAY 27, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:44 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL:
Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz, Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES
None.
CONSENT CALENDAR
A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 26A
MINUTES OF THE REGULAR MEETING HELD APRIL 22, 2026
The minutes of the regular meeting held April 22, 2026, were approved as presented.
ITEM NO. 26B
WARRANTS / DEMANDS / PAYROLL
The warrants / demands / payroll were approved.
END OF CONSENT CALENDAR
SPONTANEOUS COMMUNICATIONS
There were no speakers.
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 7:45 p.m. ________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBERS MAY 27, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:45 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL:
Present: Board Members Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, and Chief Assistant Authority Secretary
AB 2449 DISCLOSURES
None.
CONSENT CALENDAR
A motion was made by Board Member Burrola, seconded by Board Member Breceda, to approve the Consent Calendar. The motion was unanimously approved.
ITEM NO. 30A
MINUTES OF THE REGULAR MEETING HELD APRIL 22, 2026
The minutes of the meeting held April 22, 2026, were approved as presented.
SPONTANEOUS COMMUNICATIONS
Pat Gonzales requested that the waiting list to accept applications for the Las Casitas Senior Apartments be reopened, to which Executive Director Miranda advised that the request could be returned to the Board at a future date for consideration.
Chair Ortiz thanked Executive Director Miranda and staff and requested that the matter be added to the agenda for a separate future meeting.
ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 7:47 p.m. _________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary